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HomeMy WebLinkAbout1990-10-09; City Council; 10866; Consultant Project Management AgreementCW-IF CARLSBAD - AGEND/-YLL /I-3& ’ 6 TITLE: CONSULTANT PROJECT MANAGEMENT DEPT. Hi I MTG. 1 O-9-90 AGREEMENT AVIARA LAND ASSOCIATES CITY Add DEPT.ENG. (MP 177) CITY I& RECOMMENDED ACTION: Staff recommends approval of Resolution No.qo-J7/ authorizing the Mayor to execute a Consultant Project Management Agreement with Aviara Land Associates for Master Plan 177. I ITEM EXPLANATION: Aviara Land Associates (ALA), developers of the Aviara Master Plan Community (MP 177) have requested that the City make available consultant plan check and management services to assist in improving plan check services for phases of the master plan development. The Aviara Master Plan includes over 2,000 dwelling units on 1,400 arces, a major hotel, golf course, sports center, restaurants and limited commercial development. Nearly half of the dwelling units are currently being approved, and the Phase II development program is projected for next Spring. The Engineering Department is not staffed to serve this level of development taken with plan check demands throughout the remainder of the City. In the absence of the proposed arrangement, the Aviara project could experience extended delays in processing. It is proposed that Douglas Helming of Helming Engineering, Inc. will act in the capacity of Project Coordinator, making available through his firm supplemental plan check services, Helming Engineering has provided plan check services for the City for nearly three years, and is providing similar services for development within the southeast quadrant for the Fieldstone Company. The agreement includes providing office space with close proximity to the Las Palmas facilities. ALA has begun discussion with Fieldstone to coordinate services for both projects out of this single facility. It is envisioned that a project team would be established for Aviara which would include a City staff member who would provide plan check services and act as Assistant Project Coordinator. Should consultant services be terminated, this person would assume the role of Primary Coordinator. The contract is terminable within 30 days notice by either party. I FISCAL IMPACT: All costs associated with this contract will be assumed by Aviara Land Associates. One percent of funds deposited will be retained to offset costs of administering the trust fund. The proposed contract is above normal plan check fees, which will be collected per Council resolution. I EXHIBITS: 1. Resolution No. 8 q -371 2. Consultant Project Management Agreement. RESOLUTION NO. 90-371 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR CONSULTANT PROJECT MANAGEMENT SERVICES WITH AVIARA IAND ASSOCIATES. WHEREAS, the City Manager recommends and the City Council concurs that it is in the best interest of the City to supplement City staff with consultants to improve plan check services for the Aviara Master Plan Community; and WHEREAS, a satisfactory agreement has been negotiated with Aviara Land Associates which provides a process for Aviara Land Associates to fund the desired consultant services; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor is authorized to execute the Consultant Project Management Agreement with Aviara Land Associates. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 9th day of October , 1990 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Mamaux and Pettine NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SW CONSULTANT PROJECT MANAGEKENT A- This AGREEMENT is made and entered into this /ati day of , 1990, by and between the CITY OF CARLSBAD, a Public Agency of the State of California (hereinafter referred to as "City"), and Aviara Land Associates (hereinafter referred to as "ALA"). A. ALA is the Master Developer of certain unimproved real property located within Local Facilities Management Zone 19 of the City of Carlsbad ("Property"). ALA is in the process of procuring certain discretionary approvals for the subdivision and development of portions of the Property along with processing construction plans for improvements of portions of the Property previously granted approvals for development. B. City and ALA deem it in their mutual best interests to augment the City's engineering and related manpower for the processing of projects related to the Property due to their scope and the length of time contemplated to complete them. In addition, ALA agrees to advance funds for said services. In consideration of the foregoing, City and ALA agree as follows: 1. CONSULTANT PROJECT MANAGEMENT AND COORDINATION SERVICES. City has entered into an agreement with Helming Engineering, Inc. for consulting services. Consistent with the intent of the Agreement, City agrees to supplement the scope of work under the Helming Agreement to include the following: 1 Project management and coordination services pertinent to the Aviara Master Plan Community (MP-1771 will be provided by Helming Engineering, Inc. to ALA, and shall include but not be limited to the following: A. GENERAL RESPONSIBILITIES (1) (2) (3) (4) (5) (6) Liaison between City staff, consultants, property owners and/or developers, and other governmental agencies. Monitoring of project schedules. Coordination of plan check activities. Regularly reporting progress to City Engineer. Plan check services. Provisions for temporary office space. B. PLAN CHECK OF PRIVATE DEVELOPMENT PROJECTS WITHIN AVIARA MASTER PLAN COMMUNITY. (1) Private development projects owned by ALA. (2) Private development projects not owned by ALA if authorized in writing by ALA. Helming Engineering, Inc. and other consultants utilized, shall be paid on a hourly basis in conformance with their most current billing schedules. Copies of the current billing schedules shall be provided to ALA. Temporary office costs shall be listed as a separate line item on the monthly statements. Revisions to billing schedules or temporary office costs shall be provided to ALA thirty (30) days prior to the effective date of the revised 2 schedules or costs. ALA shall be provided thirty (30) days notice of any change in project management. Turn around times for projects submitted under this agreement are dependent upon availability of manpower. This agreement does not guarantee specific time frames for plan check review or approvals. 2. OBLIGATION OF ALA. a. ALA agrees to advance all funds necessary for City to pay for the services defined in paragraph 1. This Agreement contemplates estimated lump sum payments being made by ALA upon City's written request in anticipation of regular monthly statements being received by City from its consultants. Payments shall be made by ALA within thirty (30) days of written notice by City. All funds paid by ALA shall be deposited to an interest- bearing account and interest earned, at a rate equal to the average rate of interest earned by the City of Carlsbad investment portfolio, shall be credited to ALA. The City will retain one percent annual interest on funds in the account to help cover administrative costs related to the trust fund account. b. ALA agrees that services provided under this agreement are intended to augment and not supplant normal plancheck processes and fees; consequently, ALA agrees that the fees paid to Helming Engineering, Inc. pursuant to this agreement shall be in addition to, and not in lieu of, the customary plancheck fees payable by ALA to the City. ALA agrees to not challenge any fee or charges related to the provisions of Engineering Plan Check services. 3 C. ALA shall timely and adequately respond to City's requests for information and material necessary to process the Projects subject to this Agreement in order to assist City in the processing of these Projects. 3. OWNERSHIP OF PLANS. All plans, specifications and other preliminary documentation as prepared for public facilities construction shall become the property of the City. 4. TERMINATION OF AGREEMENT. This agreement shall terminate in two years from the date hereof, subject to renewals thereafter at 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 ALA fails to deposit requested funds within thirty (30) days of demand. Within thirty (30) days following the termination of this agreement or as soon thereafter as the final statement from Helming Engineering, Inc., or other consultants involved, has been paid the City shall return to ALA any unused deposit, with interest, pursuant to paragraph 2. 4 5. NOTIFICATION. Any notice or other instrument required by this Agreement shall be deemed delivered if deposited, certified mail, in the United States mail and addressed as follows: "CARLSBAD" Mr. Lloyd Hubbs City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA. 92009 "ALA" Mr. Larry Clemens Aviara Land Associates 2011 Palomar Airport Road, Suite 206 Carlsbad, CA. 92009 In WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. AVIARA LAND ASSOCIATES BY: see attached CITY OF CARLSBAD BY: ATTEST: ALETHA L. APPROVED AS_ TO FROM: City Clerk 5 - Aviara Land Associates Limited Partnership a Delaware Limited Partnership Aviara Land Company, General Partner BY: I /j/L I Vice P&i/lent BY: !LLb&-- Assistant Secretary BY: 9& I!! AssistaAt Secretary . STATE OF CALIFORNIA COUNTY OF San Diego I 1 ss. I On Sentember 27. 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens. , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President and Ted L. Hoover personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Assistant Secretary of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. L/a, - a&y+ / ldyex- NOTARY PUBLIC (Seal) STATE OF CALIFORNIA COUNTY OF San Diego I 1 ss: I On September 27. 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens. Vice President, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President, and Ted L. Hoover, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Assistant Secretarv of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. LLW Lt.- (g-pJj~J./fL/ NOTARY PUBLIC - - ’ (Seal)