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.