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HomeMy WebLinkAboutCB RANCH ENTERPRISES; 2007-05-07;Citv of Carlsbad r^GP Ob-08 May 1,2007 CB Ranch Enterprises Chris Calkins 5600 Avenida Encinas, Suite 100 Carlsbad CA 92008 SUBJECT: AGRICULTURAL CONVERSION MITIGATION FEE GRANT FUNDING AGREEMENT I am pleased to inform you that the Carlsbad City Council approved the Agricultural Conversion Mitigation Fee Ad Hoc Citizens Committee's recommendation that you/your organization receive $230,000.00 in Agricultural Conversion Mitigation Fee Grant funding. The grant funding is to be used for the following purpose(s): an integrated desiltation and detention system to protect long-term flower production and the lagoon (AH) and wetlands as described in your Grant Proposal No. AGP 06-08 - Drainage Project. This letter is to serve as a Letter of Agreement. The grant funds will be awarded in phases and upon the achievement of milestones according to the attached project schedule. Any project that is awarded funds will be required to meet agreed-upon milestones. (Some projects will be a single-phase project.) If you need to make changes in your grant proposal project or schedule, please contact the Plarming Department. Please have both ofthe people who signed the grant application sign this agreement and retum it in the enclosed envelope. City staff will then forward the letter to the Mayor for signature. Once the agreement has been signed by the applicants and the mayor, we will begin the inhial release of funds according to the approved milestone/funding schedule. If the funds are not spent for this specific purpose, they must be retumed to the City. In addition, failure to satisfy the agreed- upon milestones will result in project reconsideration and possible cessation of funding. Grant recipients are required to recognize on all printed material that the project is funded in part or in full by the City of Carlsbad. A final report on how the funds were spent and what the project accomplished must be filed with the City of Carlsbad once the funds are spent or within one year of receipt ofthe money, whichever comes first. In addition, you agree to maintain original records (i.e., receipts) for at least five years from the date on which you receive your final grant funds and make them available to the City should they request to audit them. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ Agricultural Conversiori"Mitigation Fee Grant Funding Agreement May 1,2007 Page 2 Thank you for your participation in the Agricultural Conversion Mitigation Fee Grant process. Should you have any questions, please feel free to call Scott Donnell at 602-4618. Sincerely, DON NEU Planning Director I/We hereby agree tg ail of the above. Mayor Claude A. "Bud" Lewh Date July 31, 2007 Scott Donnell City ofCarlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 RE: Agricultural Conversion Mitigation Fee Grant Schedule Dear Mr. Donnell: We have signed the May 1, 2007 Letter of Agreement as requested by your agency for Grant Proposal No: AGP 06-08 - Drainage Project. As mentioned in the Agreement, this letter serves as the required project schedule. Subsequent to the Agricultural Conversion Mitigation Fee Committee's approval of our grant, and incident to other work analyzing overall storm water management, we have determined it best to increase the diameter of drainage pipe on each downhill system for approximately the lower 50% of each downhill run. This will increase our project cost to $237,963.94, almost $8,000 more than the $230,000 awarded to us by the Committee. CB Ranch Enterprises will fund the difference. The attached, signed contract and project estimate reflect the increased amount. We anticipate the drainage project will be completed by December 2007. Upon completion, we will contact the Planning Department so the City may conduct an inspection of the project if it desires. We expect the work to begin in early August. Accordingly, we ask for the grant funds to be released immediately; this will provide assurance to our project contractor that we are able to commit to our anticipated date of commitment. Please let us know if further information is required. X7 Very Tru 1^ Yours,^ xopherj President, Ranch Enterprises 5600 AVI:NIDA ENC;INA,S .SUITI-; 100 CARI.SHAO, CA 92008 THI.KI'HONI! 760 930-9123 FAX 760 431-9020 www.theflowerfiekKs.com CONTRACTOR AGREEMENT THIS AGREEMENT made the 2.3rd day of May, 2007 by and between Pacific Coast Grading, Inc., hereinafter called the Contractor and CB Ranch Enterprises, hereinafter called the Owner. Witnesseth, that the Contractor and the Owner for the considerations named agree as follows: Article 1. Scope of thc Work The Contractor shail furnish all of the materials and perform all of the work shown on the Drawings and/or described in the Specifications enlitled Exhibit A, as annexed hereto as it pertains to work to be performed on property at The Flower Fields, Carlsbad, Ca. Estimate #245 Item Drainage Projeci shall be incorporated as the scope of work. Article!. Time of Completion The work to be performed under this Conlract shall be commenced on or before 06/01/2007 and shall be substantially completed on or before 11/01/2008. Time is ofthe essence. The following constitutes substantial completion of work pursuant to this proposal and contract: Any additional work shall be allowed additional time. Article 3. Thc Contract Price The Owner shall pay the Contractor for the material and labor to be performed under the Contract the sum ot l wo Hundred Thirty Seven Thousand Nine Hundred Sixty Three Dollars and Ninety Four Cents (.$237,96.3.94), subjeci to additions and deductions pursuant to authorized change orders. Article 4. Progress Payments Payments ofthe Contract Price shall be paid in the manner following; 1) 20% to start 2) Balance upon completion Additional work not in original estimate fo be paid upon completion. Article 5. General Provisions Any alteration or deviation from the above specifications, including but not limited to any such alteration or deviation involving additional material and/or labor costs, will be executed only upon a written order for same, signed by Owner and Contractor, and if there is any charge for such alteration or deviation, the additional charge will be added lo the contract price of this contract. If payment is not made when due, Conlractor may suspend work on the job until such time as all payments due have been made. A failure to make payment for a penod in excess ol 10 days from the due date ofihe payment shall be deemed a material breach of this contraci. In addition, the Ibllowing general provisions apply: . . ,. •„ ,, u .,..,i„,. 1. All work shall be completed in a workman-like manner and m comphance with all building codes and other applicable laws. . .• • i 2. The Owner shall furnish a plan and scale drawing showing the shape, size dimensions, and construction specifications for improvements and description ofthe work 10 be done. 3. To the extent required by law all work shall be performed by individuals duly licensed and authorized by law to perform said work. 4 Contractor may at its discretion engage subcontractors to perform work hereunder, provided Contractor shall fully pay said subcontractor and in all instances remain responsible for the proper completion of this Contiact.^ Contractor shal! fumish Owner appropriate releases or waivers of lien for all work performed or materials piovided at the time the next periodic payment shall be due. . , ,, . 6. All change orders shall be in writing and signed bolh by Owner and Contractor, and shall be incorporated in, and become a part ofthe conlract. , u <• ^ 7. Owners shall at its own expense obtain all permits necessary for the work to be performed. 8 Contractor a"rees lo remove all debris and leave the premises in clean condition. 9^ In the event Owner shall fail to pay any periodic or installment payment due hereunder. Contractor may cease work without breach pending payment or resolution ofany dispute. 10. All disputes hereunder shall be resolved by binding arbitration in accordance with rules of the American Arbitration Association. 11. Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty or general unavailability of materials. 12. Contractor wairants all work to the fullest extent permitted by laws. Article 6. Indemnification , . ,j ^ i r> c * To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless Pacific Coast Grading Inc. and its agents and employees, from and against claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from performance of the work or providing of materials to the extent caused in whole or in part by negligent or wrongful acts or omissions of, or a breach of this agreement by, the contractor, a subcontractor, anyone directly or indirectly employed by them or anyone whose acts they are legally responsible. Article 7. Insurance ^ , . <• .i The Contractor represents that it has purchased and agrees that it will keep in force for the duration of the performance ofthe work or for such longer term as may be required by this agreement, in a company or companies lawfully authorized to do business in the State of California, such insurance as will protect Pacific Coast Grading Inc and the owner ofthe site, ifthe site is not owned by CB Ranch Enterprises, from claims for loss or injury which might arise out of or result from the Contractor's operations under this project, whether such operations be by the Contractor or by a subcontractor or its subcontractors. The Contractor represents and agrees that said insurance is written for and shall be maintained in an amount not less than the limits ofthe liability specified below or required by law, whichever coverage is greater. The Contractor certifies that coverage written on a "claims made" form will be maintained without interruption from the commencement of work until the expiration of all applicable statutes of limitation. 1) Workei-'s Compensation. 2) Comprehensive General Liability. 3) General Liability. . . , .... , The Contractor shall file Certificates of Insurance, naming the owner person hiring the contractor as additional insured in duplicate, acceptable to all parties within 30 days after commencement of work, which shall contain a provision that coverages under the policies shall not be cancelled or allowed to expire or permit material changes until at least 30 days written notice has been given to additional insuied. Article 8. Additional Terms By signing below. Owner agrees to terms of following "Excludes from Estimates" page. Signed this day of .2007. Signed in the presence of: Witness Witness CB Ranch Enterprises Pacific Coast Grading, Inc. Name: ^^fJCXX, Name: Z^v^-^f /^"^^x-^^"^- .4 y JX ^XD^DAIX'XXIL^ ^^:;mii^^LX==^ Sigh^ture Signature / Pacific Coast Grading, Inc. 2726 Morning GI017 Lane Carlsbad, CA.92008 Phone (760)730-9990 Fax (760) 730-3924 Contractor's State License No. A761386 FEB-S7-2007 04:59 From: To:4319020 Paae:1^1 Pacific Coast Grading. Inc. contractors License #761386 2726 Morning Glory Ln. Carlsbadr CA. 92008 Ph (760) 730-9990 Fax (760) 730-3924 Estimate DATE ESTIMATE NO. 9/26/2006 245 NAME/ADDRESS THE FLOWER FIELDS ATTN: FRED CLARKe 5600 AVENIDA ENCINAS, SUTTE 106 CARLSBAD, CA. f2008 PROJECT FLOWER FIELDS ITEM DESCRIPTION TOTAL nRAINAOE PROJ 1) MOVE ON EQUIPMENT 2) TRENCH AND INSTALL 4700 LF tO" SDR35 STORM DRAIN PER PL/WS 3) INSTALL APPROX. 126 - 6" PVC INTERCEPTOR PIPES WITH OPEN INI.BTS 4) BACKFILL AND COMPACT DRAIN PIPE 5) SPREAD KXCUSS MATRRIAL ON SITE. NO EXPORT 225,000.00 • NOTE EXCLUDES ON FOLLOWING PAGE MATERIAL OPTIONAL PIPE SIZE INCREASE rNCREASht LOWliR 1/2" OP DRAINAGE SYSTEMS APPROXIMATELY 2350 LF FROM 10" TO 12" SDR35. ENLARGE PIPE SIZE TO INCRRASR DKAINAGE OUTLET CHANGE APPROXIMATELY 67 EACH 6" PVC WYES IX) CONNKCP TO NEW 12" PIPE DIAMETER IN DRAINAGE SYSTCM 12,963.94 TOTAL $237,963.94 SIGNATURE Pacific Coast GraHitts, inc Contractors License fl76J386 2726 Morning Glory Lane Carlsbad CA. 92008 Phone (760) 730-9990 /•ttv (760) 730-3924 EXCLUDES FROM ESTIMATES 2) GRADE STAKING 3) ENGINEERING FEES 4) ANY LAYOUTS FOR SAWCUTS OR BUILDING ENVELOPES 5) WATER METER OR WATER COSTS 6) HANDLING OF UNFORSEEN BURIED DEBRIS 7) HANDLING OF ROCK ENCOUNTERED NOT MOVEABLE WITH EQUIPMENT ON SITE 8) RESPONSIBILITY FOR DAMAGE OF ANY UNMARKED UTILITIES 10) BROW DITCHES 11) DE-WATERING 12) EROSION CONTROL 16) ANY OVEREXCAVATION EXCEPT AS NOTED IN ESTIMATE 17) DUMP FEES 19) SUB-DRAINS OR FRENCH DRAINS 20) WATERPROOFING 21) KEYWAYS EXCEPT AS NOTED IN ESTIMATE 22) WET SOIL CONDITIONS 23) RESPONSIBILITY FOR DAMAGE TO ACCESS ROADS BY TRUCKS OR EQUIPMENT DATE &7'yXy ^SIGNATURE X'^'X^l X^-'X,^- PRINT BY SIGNING ABOVE CUSTOMER AKNOWLEDGES THE FOLLOWING TERMS AND CONDITIONS: NET 30 DAYS. ATTORNEY'S FEES: IF LEGAL ACTION BECOMES NECESSARY TO COLLECT ANY MONIES DUE, THE CUSTOMER AGREES TO PAY REASONABLE ATTORNEY'S FEES, 18% APR ON ALL AMOUNTS FOUND DUE AND PAYABLE AND COSTS INCURRED BY PACIFIC COAST GRADING, INC.