HomeMy WebLinkAbout1994-02-15; City Council; Resolution 94-54.
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RESOLUTION NO. 9 4 - 5 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SUPPLEMENTAL AGREEMENT WITH
HELMING ENGINEERING, INCORPORATED FOR CONSULTANT
PIANCHECK SERVICES TO FIELDSTONE/LA COSTA ASSOCIATES AND
WITH FIELDSTONE/LA COSTA ASSOCIATES FOR PAYMENT OF THESE
SERVICES.
The City Council of the City of Carlsbad, California, does hereby resolve as follow
1. That a Supplemental Agreement between the City of Carlsbad and H(
Engineering, Incorporated and an agreement between the City of Carlsbad and Fieldstc
Costa Associates, copies of which are attached hereto as Exhibits 1 and 2 and made a
part hereof, are hereby approved.
2. That the Mayor of the City of Carlsbad is authorized to execute said agreemer
behalf of the City.
3. That the Finance Director is hereby authorized to appropriate funds to the apprc
expenditure account based on revenue received.
4. That the Purchasing Officer is hereby authorized to issue a purchase order to He
Engineering, Incorporated for an amount up to $50,000 as offset by revenue receivec
Fieldstone/La Costa Associates to cover these agreements.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C
held on the 15th day of FEBRUARY , 1994 by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
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ALETHA L. RAUTENKRANZ, City Clerk (SEAL)
1(
e e EXHIBIT
SUPPLEMENTAL AGREEMENT FOR CONSULTANT
PIAN CHECK SERVICES FOR FIELDSTONE
MASTER PLAN DEVELOPMENTS
THIS SUPPLEMENTAL AGREEMENT is made this 17th day ofFEBRUARY, 1994
between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter
referred to as CITY, and Helming Engineering, Inc. hereinafter referred to as CONSULTANT.
RECITALS
WHEREAS, the CITY has entered into an agreement dated November 16, 1993 with
Helming Engineering, Inc. to provide necessary engineering services for plancheck of
improvement plans, grading plans and final maps; and other services that may be required; and
WHEREAS, the CITY has entered into an agreement with Fieldstone/La Costa Associates
hereinafter called the APPLICANT, wherein the CITY agrees to provide consultant plancheck
services for projects related to the APPLICANT'S Master Plan Communities; and
WHEREAS, the CONSULTANT has the qualifications to provide the required plancheck
services; and
WHEREAS, it is understood that the CONSULTANT shall be an independent contractor
of the CITY;
NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
hereto agree to supplement to the scope of work of the Agreement dated November 16, 1993
to include the following:
A. CONSULTANT'S GENERAL RESPONSIBILITIES
1. Liaison between City staff, consultants, property owners and/or developers,
and other governmental agencies.
2. Monitoring of project schedules.
3. Coordination of plancheck activities.
4. Regularly reporting progress to the City Engineer
Page: 1
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5. Plancheck services for all improvements
6. PLANCHECK OF PRIVATE DEVELOPMENT PROJECTS WITHIN FIELDSTONE
OWNERSHIP.
1, Private development projects owned by Fieldstone.
2. Private development projects not owned by Fieldstone which are authorized
in writing by Fieldstone.
IN WITNESS THEREOF, we have hereunto set our hands and seals as to this / 7?%
day of Fk&K uM~ , 1994.
HELMING ENGINEERING, INC.
By:
AlTEST: APPROVED AS TO FORM:
lLeQALR&+ By: CLJZRk.
ALETHA L. RAUTENKRANZ . , RONALD R. BALL,yl/L,9y City Clerk City Attorney
Page: 2
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- CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT I
STATE OF CALIFORNIA 1
\COUNWOF ShLJ hi -i 1
On 5 kd \ 3 . I 7 94 before' me, Ades 0. 1/AleAJzue/P. N6;rpnlY
QAT@ "E, TTTLE OF OFFICER - E.G., *JANE Doe! NOTARY PUBLIC.
personally appeared, i" yc 1/45 'I" \&elM/rJ q- -
personally known to me (or provedjo me on the basis of satisfactorybidence) to be the person(s) whose name@) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hidherdheir au
capacity(ies), and that by hidhedtheir signature(s) on the instrument the person(s), or the entity upon behalf of whit
person(s) acted, executed the instrument.
"
WITNESS my hand and official seal.
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- 4 OPTIONAL INFORMATION -
TITLE OR TYPE OF DOCUMEPJT 1- kfc-dm "T
DATE OF DOCUMENT NUMBE~ OF PAGES .L
SIGNER(S) OTHER THAN NAMED ABOVE
0 0 EXHIBIT
AGREEMENT FOR
PLANCHECK SERVICES FOR
FlELDSTONE/lA COSTA MASTER PLANS
THIS AGREEMENT, made and entered into as of the 17th day of FEBRUARY
, 19%, by and between the CITY OF CARLSBAD, a municipal corporation
of the State of California, hereinafter referred to as "CIW, and FIELDSTONE/LA COSTA
ASSOCIATES, hereinafter referred to as "FIELDSTONE".
RECITALS
WHEREAS, FIELDSTONE is the Master Developer of certain unimproved real
property, hereinafter called "Property" located within Local Facilities Management Zones
6, 10, 11, and 12, of the City of Carlsbad; and
WHEREAS, FIELDSTONE is in the process of procuring certain discretionary
approvals for the subdivision ad development of portions of the Property along with the
processing of construction plans for improvements of portions of the Property previously .
granted approvals; and
WHEREAS, CITY has determined that its current staff is inadequate in number to
process the projects related to the Property in a timely and thorough manner due to the
scope and length of time contemplated to complete such processing and is willing to
contract with a consultant for such services; and
WHEREAS, FIELDSTONE, in order to ensure the expeditious processing of said
projects related to the Property, desires to pay to the CITY the amount necessary to
offset the costs paid by the City for such services.
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NOW, THEREFORE, in consideration of the covenants and conditions, it is agreed
as follows:
1. The City will engage the firm of Helming Engineering, Inc., for consulting
services, hereinafter referred to as "Consultant" to perform the necessary work in the
processing of projects related to the Property.
2. It is understood that the Consultant services shall conform to the Agreement
between the CITY and Consultant dated November 16,1993, attached as Attachment 1
and made a part of this agreement.
3. It is understood that the CITY will direct the consultant's work and be
responsible for payment out of the appropriate General Fund Account. CITY will advise
FIELDSTONE of the work ordered and its cost.
4. FIELDSTONE shall pay to the appropriate General Fund Revenue Account,
funds sufficient to offset expenses for the Consultant's services. Lump sum payments
will be made by FIELDSTONE upon CIlY's written request as necessary to offset
expected expenses incurred by CITY for Consultant services. Payments shall be made
by FIELDSTONE within thirty (30) days of written notice by the CITY. CITY will ensure,
to the extent feasible, that no further work by the Consultant will be authorized in any
fiscal year by CITY which will require an offset in excess of the estimate for any year
without an amendment~to this agreement.
5. Funds paid as part of this agreement shall be over and above the plancheck
fees required as part of the normal plancheck processing procedures. FIELDSTONE
agrees that services provided under this agreement are meant to augment and not
supplant normal plancheck processes and fees.
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6. CITY shall provide copies of all invoices submitted by Consultant to
FIELDSTONE at the time invoices are submitted for payment.
7. All plans, specifications, and other preliminary documentation as prepared
for public facilities construction shall become the property of the CITY.
8. It is understood that the Consultant shall be an independent contractor of
the CITY.
9. The CITY shall furnish to FIELDSTONE, a copy of the Consultant's basic rate
schedule and any changes to the basic rate schedule as submitted by the Consultant.
10. This Agreement shall terminate in two (2) years from the date hereof, subject
to renewals thereafter with the consent of both parties; provided, however, this Agreement
may be terminated by either party upon thirty (30) days written notice, or in the event
FIELDSTONE fails to deposit requested funds within thirty (30) days of demand. ' Within
thirty (30) days following the termination of this Agreement, CITY shall refund any
revenues in excess of those necessary to offset expenses incurred for Consultant
services.
1 1. Any notice or other instrument required by this Agreement shall be deemed
delivered if deposited, certified mail, in the United States mail, addressed as follows:
"CARLSBAD"
Mr. Uoyd Hubbs
CITY OF CARLSBAD/ENGINEERING DEPARTMENT
2075 Las Palmas Drive
Carlsbad, CA 92009
"FIELDSTONE"
Ivan Simovich
FIELDSTONE/IA COSTA ASSOCIATES
Carlsbad, CA 92009
P.O. BOX 9000-266
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
day and year first written above.
FIELDSTONE/LA COSTA ASSOCIATES
LIMITED PARTNERSHIP, a California
Limited Partnership
BY: THE FIELDSTONE COMPANY, a
California Corporation, its General
Partner
ATTEST:
c- JC7y)/
c_ - ALETHA L. RAUTENKRANZ, City Clerk' SIMOVICH, Assistant Secretary
THE FIELDSTONE COMPANY
APPROVED AS TO FORM:
Q. 6-
RONALD R. BALL, City Attorney
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
day and year first written above.
CITY OF CARLSBAD
CLAUDE A. LEWIS, Mayor
AlTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
FIELDSTONULA COSTA ASSOCIATES
LIMITED PARTNERSHIP, a California
. Limited Partnership
BY: THE FIELDSTONE COMPANY, a
California Corporation, its General
Partner
“pp
AN SIM , Assistant Secretary
THE FIELDSTONE COMPANY
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