HomeMy WebLinkAboutHeritage Creations Inc; 2007-01-09;The Crossings @ Carlsbad
* * * * Manufacturing, Finish and Installation Agreement *****
THIS AGREEMENT is dated January 9,2007 between
Procraft Heritage Creations Inc.
d.b.a. Heritage Creations
61573 American Loop
Bend, OR 97702
And
Carlsbad Financing Authority (hereafter Client), located at
1635 Faraday Avenue
Carlsbad, CA 92008
Heritage Creations proposes to manufacturing, finish, and install the cabinets and fixtures for the
The Crossings @ Carlsbad Golf Shop, located at
5800 Hidden Valley Road
Carlsbad, CA 92008, San Diego County, as follows:
1.0 MANUFACTURING SPECIFICATIONS
Heritage Creations will construct all cabinets and fixtures per the attached Exhibit 'A' as follows:
1.1 Wood Species: All fixtures shall be constructed of Cherry hardwoods and veneers.
1.2 Milling Profiles: To be Standard Profiles.
1.3 Fixture Tops: To be Wood.
1.4 Counters:
1.4.1 Front counter top to be constructed of Granite. An allowance of $4,060.00 has been
included for this material in the Agreement sum.
1.4.2 Recessed point-of-sale areas to be overlaid with laminate with wood self edge.
Laminate to be selected from Nevamar, Formica, or Wilsonart brands.
1.5 Fabric: Fabric to be selected from Momentum Textiles.
1.6 Leather: House leather will be provided.
1.7 Hardware: Hardware to be Oil Rubbed Bronze.
1.8 Finish: All cabinets and fixtures to be finished in SSL to match stain sample on desired wood
species provided by client. Upon receipt of client's stain sample, Heritage Creations will
provide two (2) sets of stain samples. Any additional sets will be provided at $75.00 per set.
Finish processes other than that specified may result in an adjustment to the Agreement sum.
Carlsbad Financing Authority
Manufacturing Agreement
Project: The Crossings @ Carlsbad
Page 2
2.0 FIELD MEASUREMENTS
One field measurement trip is included in this Agreement. If all required dimensions and details are not
available at that time Client agrees to provide additional measurements at their expense. Client assumes
responsibility for the accuracy of any field measurements provided. Field Measurements must be
completed at least 6-weeks prior to load date.
No changes are to be made to the structure of the golf shop after the final field measurements are taken.
If any changes occur Client agrees to inform Heritage Creations immediately. Client accepts full
responsibility for those structural changes made to the golf shop and their communication to Heritage
Creations and acknowledges that additional costs may be incurred if rebuilding or reworking of the
fixtures is required.
3.0 INSTALLATION
Installation is projected to begin on April 11,2007, with a completion allowance of 4 days, travel time
included. The load date would be April 08, 2007.
Heritage Creations, or an approved subcontractor, will install all cabinets and fixtures for the golf shop
and assist with coordination of any junction where cabinets and casework will interface. Heritage
Creations agrees to provide a completed installation by the agreed upon date. (Exceptions to this include
shipping problems due to inclement weather, extended dates as agreed to by client or other causes
beyond our control.)
In order to maintain this installation date ail job specifications and design issues must be
completed 8 weeks prior to the load date.
Client will have the golf shop ready for installation as follows:
3.01 All painting to be completed prior to install date.
3.02 No carpet and base are to be installed prior to completion of installation, unless agreed upon by
Heritage Creations in writing.
3.03 Any and all building permits are the responsibility of the Client.
3.04 Any union labor necessary for the installation shall be provided by and paid for by the Client.
3.05 Golf shop must be clean and clear of all debris and ready for installation. Heritage Creations
will need full and complete access to the golf shop space without interference of other
subcontractors.
3.06 A clear road to the clubhouse and golf shop in a condition to receive a semi truck and trailer are
required. If the road is not paved it needs to be hard packed to bear heavy truck weight. This is
extremely important to avoid incurring additional freight costs.
3.07 Client to provide a contact name and phone number to enable the truck or install team access to
the shop after hours.
3.08 Client shall provide and pay for an electrician to assist with any electrical hookups that may be
required. Electrical hook-ups including wiring, telephone and computers, are not included in
this scope of work.
3.09 Client shall provide lighting and electricity adequate for the installation.
3.10 Client is responsible for communicating all installation requirements to General Contractor or
Owner's Representative.
Carlsbad Financing Authority
Manufacturing Agreement
Project: The Crossings @ Carlsbad
Page 3
3.11 Building must be properly climatized to receive wood fixtures. Heritage Creations will incur no
cost for repair or rework of fixtures stored in a facility that is not properly climatized; all
warranties will be voided. Transfer of the fixtures to a climatized storage facility and
rescheduling of the installation may be the best course of action and would be at Client's
expense.
3.12 Installation expenses are included in this Agreement.
3.13 In the event the shop is not ready for installation, or installation is delayed or extended due to
Client or Client's agents, Client will reimburse Heritage Creations for all rej
but not limited to, additional installation, storage, and/or additional freigJ
Please initial here that you have read and understand Section:
4.0 SHIPPING
Heritage Creations will handle all details regarding the loading and shipping of all cabinets and fixtures.
Freight charges will be estimated and subject to change due to actual carrier charges at time of shipment.
5.0 AGREEMENT SUM
Heritage Creations will perform the above services for the Total Agreement Sum of One Hundred
Forty Three Thousand Five Hundred Thirty Five Dollars & 91/100 ($143,535.91) including
$8,869.41 for sales tax at the rate of 7.75%. Interest will be charged on all past due balances at the
rate of 18%; Client agrees to pay all interest charges incurred due to delay in payment. If Client can
not provide documentation of tax exempt status taxes will be additional. All fixtures will remain
property of Heritage Creations until Agreement is paid in full. Heritage Creations retains the right to
take back, at Client's expense, golf shop fixtures equal to the amount of any unpaid debt. Client will
pay any property taxes. The laws of the State of Oregon shall govern this Agreement.
6.0 CHANGES TO AGREEMENT SUM
Heritage Creations will deliver your new golf shop on the installation date indicated, except as noted
above. This is a project that requires teamwork to ensure success; together we are the team. The
following items are actions, or lack of actions, by the Client, or their Agents, that may result in additional
charges to the Client.
6.1 This Agreement sum will remain fixed (exclusive of additional changes in price) for a period of
fifteen (15) days from the date that Heritage Creations signs this Agreement, with the
stipulation that the actual manufacturing of the fixtures is commenced 8 weeks prior to load
date. If manufacturing is started less than 8 weeks prior to load date, due to delays by the
Client, including returning the authorized Agreement and deposits past the required date of
February 15, 2007, Heritage Creations reserves the right to revise the Agreement sum to
compensate for increases in labor costs, including overtime.
6.2 All manufacturing specifications and design issues must be completed 8 weeks prior to the load
date. In addition, field measurements must be completed at least 6-weeks prior to the load date.
Any delays to these decisions, or the obtaining of field measurements, as caused by Client or
Client's agents, may result in delays to the manufacturing schedule and may incur additional
costs. Heritage Creations reserves the right to move the project to the next available opening on
the manufacturing schedule.
/ 6.3 Changes to the specifications for this project, as shown in Section 1, may result in additional
costs.
Carlsbad Financing A uthority
Manufacturing Agreement
Project: The Crossings @ Carlsbad
Page 4
6.4 Client agrees to assume any costs resulting from fixture redesign, rework or rebuilding costs due
to structural changes made to the golf shop after final field measurements have been
taken/provided.
6.5 This agreement is drawn and priced based on a projected install date of April 11,2007. Should
you request to modify the Install Date by more than five (5) days the request should be made at
least 45-days in advance to avoid additional charges. If any request to change the date is made
less than 30-days in advance then you will be responsible for additional charges incurred by
Heritage Creations including, but not limited to, freight, storage fees and costs for^the
rescheduling of the installation. In addition, a new installation date
approval based on our current installation schedule.
Please initial here that you have read and understand Section 6.
7.0 EXPENSE REIMBURSEMENT
Client will be responsible for reimbursement to Heritage Creations the cost of UPS and Federal Express
type delivery charges in accumulative excess of $100.00. These delivery charges include those for the
shipment of floor plans, project documents, stain samples, etc., sent to you or your agents. These and all
other expenses, including travel, lodging and additional consultation services, incurred per your request,
will be billed upon completion of the project.
8.0 PAYMENT TERMS
50% of Agreement Sum $71,767.96
The 50% Payment is due and payable upon signing and return of this Agreement no later than
February 15,2007.
40% of Agreement Sum $57,414.36
The 40% payment is due and payable and must be received two weeks prior to shipping.
10% Balance of Agreement Sum $ 14,353.59
The balance is due and payable upon delivery and completion of the installation.
TOTAL AGREEMENT PRICE $ 143,535.91
PAYMENT SHALL BE MADE TO:
Heritage Creations
61573 American Loop
Bend, OR 97702
*** HERITAGE CREATIONS MUST BE CONTACTED PRIOR TO MAKING ANY
CHANGES TO THIS AGREEMENT ***/ cr\
EXECUTED BY: f\(F$l&lLj, (Juljf^l DATE:
I VfrHerit&CySStioyl/ /
EXECUTED BY: \Mll/t !/„ WAS* DATE:
APPROVED AS TO FORM: .
Jaile/Mobaldi, Assistant City Attorney
Carlsbad Financing Authority
Project: The Crossings @ Carlsbad
Exhibit 'A'
Plan Date June 6, 2006, Revision Date October 5, 2006
ITEM#
1
1.01
1.02
1.03
2
2.1
2.2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
DESCRIPTION
Front Counter
Counter Top Material - Granite Allowance
Logo Ball Display
Sundries Display
Gate
Back Counter
Tiered Ball Display
Tiered Glove Display
Wrapping Station
Office Desk
Back Counter
8' Hat and Cap Display
10' Wall Plaque
10' Wall Plaque
4' Wall Plaque
4' Wall Plaque
8' Open Wall Display with Platform Base
8' Wall Display with Storage / Doors
8' Open Wall Display with Platform Base
Shoe Display with Pullout Storage
TV Display
Shoe Display with Pullout Storage
Handicap Station
8' Wall Plaque
Wall Mirror
Nesting Table Set of Two
Display Table
Four Way Display
T-Display
Umbrella Display
QUANTITY
1 EA
2 EA
2 EA
1 EA
1 EA
1 EA
1 EA
1 EA
1 EA
1 EA
EA
EA
EA
EA
EA
EA
1 EA
1 EA
2 EA
1 EA
2 EA
1 EA
1 EA
2 EA
2 EA
1 EA
5 EA
3 EA
1 EA
Page 1 EA = Each
LF - Linear Feet
Carlsbad Financing Authority
Project: The Crossings @ Carlsbad
Exhibit 'A'
Plan Date June 6, 2006, Revision Date October 5, 2006
25
26
27
28
29
30
31
32
33
34
35
36
37,38
Large Nesting Table Set of Two
Belt Display
Side Table
Utility Club Display
Jewelry Display
60" Round Table with Pedestal Base
Dressing Room Shelf with Hooks
Dressing Room Bench
Restocking Cart
Work Table with Laminate Top
Desk
Upper Cabinets
LPL Storage Cabinets
1 EA
1 EA
1 EA
1 EA
1 EA
1 EA
1 EA
1 EA
1 EA
1 EA
1 EA
1 EA
22 EA
ITEM # ACCESSORIES
A
B
C
D
E
F
I
J
K
L
Waterfall Arms
Straight-out Arms
12" x 14" Shelves
42" x 14" Shelves
42" Rod and Corbel Set
Shoe Display Pad with Shelf
3 Pin Sock Plaque
7 Pin Belt Plaque
Bag Display Hoops
Drawer and Door Pull Allowance
QUANTITY
25
20
10
8
4
12
8
2
14
1
EA
EA
EA
EA
EA
EA
EA
EA
PR
EA
Page 2 EA = Each
LF - Linear Feet
Carlsbad Financing Authority
Project: The Crossings @ Carlsbad
Exhibit 'A'
Plan Date June 6, 2006, Revision Date October 5, 2006
SUMMARY:
CABINETS, FIXTURES & FINISH
FIELD MEASUREMENTS
INSTALLATION
STOCK ROOM
PROJECT SUBTOTAL
FREIGHT FOB BEND OREGON VIA UNITED VAN LINES
PROJECT TOTAL
TAXABLE
AMOUNT $114,444.00
SALES TAX AT 7.75%
TOTAL AGREEMENT SUM
$
$
$
$
$
$
$
$
$
104,494.00
1,362.50
13,110.00
9,950.00
128,916.50
5,750.00
134,666.50
8,869.41
143,535.91
COMMENTS:
Page3 EA = Each
LF - Linear Feet