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HomeMy WebLinkAbout1992-08-04; City Council; 11826; SUPPLEMENTAL AGREEMENT FOR PLAN CHECK SERVICES AND AUTHORIZATION TO APPROPRIATE DEVELOPER DEPOSITS- - AB # //,&?a 6 TITLE: SUPPLEMENTAL AGREEMENT FOR PLAN CHECK SERVICES AND AUTHORIZATION MTG 08/04/92 TO APPROPRIATE D€V€LOP€R D€POQITQ DEPT. ENG DEP' CITY CIT! 3 '4 -3 -3 cc LL 2 z 2 g a 6 z 3 0 0 - 4 CIThOF CARLSBAD - AGENM BILL I RECOMMENDED ACTION: That the City Council adopt Resolution No. 92 - 245- authorizing the Mayor to E a supplemental agreement with Helming Engineering, Incorporated to provide con plan check services to Fieldstone/La Costa Associates, authorizing the Finance C to appropriate revenue received from Fieldstone to fund the cost associated w extension and authorizing the Purchasing Officer to increase a Purchase Order b $300,000. ITEM EXPLANATION On July 1, 1991, the City entered into a two year agreement with Fieldstone/La Associates to make available consultant plan check services to assist in expeditii check for phases of the master plan developments. A concurrent supplc agreement was approved with Helming Engineering, Inc. to perform these consult; check services. A new supplemental agreement is now needed with Helming Engii in order to continue providing expedited consultant plan check services for Fielc In order to administer the developer deposits from Fieldstone and the subs payments to Helming Engineering, the Finance Director was authorized to appi funds received from Fieldstone to the appropriate expenditure account a Purchasing Officer was authorized to open a purchase order not to exceed $30( The $300,000 maximum permitted by Council action on July 1,1991 has been rc Fieldstone La/Costa Associates has requested that the City continue to make a consultant plan check services to assist in expediting plan check for phases of the plan developments. Fieldstone will continue to make lump sum deposits as req in writing, from the City to pay the cost of these services. Council adoptior attached Resolution will authorize the requirements necessary for the City to c to make available expedited consultant plan check services. FISCAL IMPACT Under existing contract with Helming Engineering, Inc, the City will make a consultant plan check service to Fieldstone/La Costa Associates. Fieldstone/L Associates will pay for these services by continuing to make deposits to the Genei on a monthly basis as required. Services will not be requested in excess of a revenue . EXHIBITS 1. Resolution No. 91-&'L/5 1 EXHl BI' 0 SUPPLEMENTAL AGREEMENT FOR CC)NSULTANT PLAN CHECK SERVICES FOR FIELDSTONE MASTER PLAN DEVELOPMENTS THIS SUPPLEMENT AGREEMENT is made this 7th day of AUGUST , 1992 betwc the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter refer to as CITY, and Helming Engineering, Inc. hereinafter referred to as CONSULTANT. R EC I TALS WHEREAS, the CITY has entered into an agreement dated July 7, 1992 with Helm Engineering, Inc. to provide necessary engineering services for plan check of improvement pk grading plans and final maps; and other services that may be required; and WHEREAS, the CIlY has entered into an agreement with FieldstoneILa Costa Associ: hereinafter called the APPLICANT, wherein the CITY agrees to provide consultant plan ch services in order to augment the CITY'S normal plan check processing, for projects related to APPLICANT'S Master Plan Communities; and WHEREAS, the CONSULTANT has the qualifications to provide the required plan ct- services; and WHEREAS, it is understood that the CONSULTANT shall be an independent contra of the CITY; NOW, THEREFORE, in consideration of their mutual covenants and conditions, the pal hereto agree to supplement to the scope of work of the Agreement dated July 7,1992 to incl the following: A. CONSULTANT'S GENERAL RESPONSIBILITIES 1. Liaison between City staff , consultants, property owners and/or develop and other governmental agencies. 2. Monitoring of project schedules. 3. Coordination of plan check activities. Page: 1 0 4. 5. Regularly reporting progress to the City Engineer Plan check services for all improvements B. Plan check OF PRIVATE DEVELOPMENT PROJECTS WITHIN FIELDST( OWNERSHIP. 1. 2. Private development projects owned by Fieldstone. Private development projects not owned by Fieldstone which are author in writing by Fieldstone. IN WITNESS 'THEREOF, we have hereunto set our hands and seals as to this - day of -, 1992. CITY OF CARLSBAD HELMING ENGINEERING, INC. By: S L. HELMING, Preside /Doup CLAUDE A. LEWIS, Mayor ATTEST: APPROVED AS TO FORM: By: ALETHA L. RAUTENKRANZ City Clerk City Attorney RONALD R. BALL, Page: 2 EXHIBI e 0 AGREEMENT FOR CONSULTANT PUN CHECK SERVICES FOR FIELDSTONE/LA COSTA MASTER PLANS , 1991 between the ( . OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as C and FIELDSTONULA COSTA ASSOCIATES, a California Limited Partnership, hereinafter refe to as FIELDSTONE.. F THIS AGREEMENT is made this $@day of RECITALS WHEREAS, FIELDSTONE is the Master Developer of certain unimproved real proF hereinafter called "Property", located within Local Facilities Management Zones 6, 10, 11 ar of the City of Carlsbad; and WHEREAS, FIELDSTONE is in the process of procuring certain discretionary appr for the subdivision and development of portions of the Property along with the procei construction plans for improvements of portions of the Property previously granted apprc and WHEREAS, CITY has determined that its current staff is inadequate in number to prc the projects related to the Property in a timely and thorough manner due to the scope and I of time contemplated to complete such processing and is willing to contract with a cons for such services; and WHEREAS, FIELDSTONE in order to ensure the expeditious processing of said pr related to the Property desires to pay to the CITY the amount necessary to offset the cost by the City for such services. Page: 1 a e NOW, THEREFORE, in consideration of the covenants and conditions, it is agreec follows: I. The City will engage the firm of Helming Engineering, Inca for consul services hereinafter referred to as "Consultant" to perform the necessary work in the proces of projects related to the Property. 2 It is understood that the Consultant services shall conform to the Agree1 between the CIlY and Consultant dated August 5,1988 attached as Attachment 1 and ms part of this agreement. 3. tt is understood that the CITY will direct the consultants work an CITY will a responsible for payment out of the appropriate General Fund Account. Fieldstone of the work ordered and its cost. 4. FIELDSTONE shall pay to the appropriate General Fund Revenue Ac funds sufficient to off set expenses for the Consuttant's services. FIELDSTONE will advar initial sum of $50,000. Additional lump sum payments will be made by FIELDSTONE CITY'S written request as necessary to off set expected expenses to be incurred by CI' Consultant services. Payments shall be made by FIELDSTONE within thirty (30) days of 1 notice by the CITY. Cv will ensure, to the extent feasible, that no further work I Consultant will be authorized in any fiscal year by Crpl which will require an offset in exc 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 plai fees required as part of the normal plancheck processing procedures. FIELDSTONE agre services provided under this agreement are meant to augment and not supplant plancheck processes and fees. 6. Crpl shall provide copies of all invoices submitted by Consu FIELDSTONE at the time invoices are submitted for payment. Page: 2 e @ 7. All plans, specmcations and other preliminary documentation as prepare( public facilities construction shall become the property of the CITY. 8. lt is understood that the Consultant shall be an independent contractor o City. 9. The CIlY shall furnish to FIELDSTONE a copy of the Consultant’s basic schedule and any changes to the basic rate schedule as submitted by the Consultant. 10. This Agreement shall terminate in two years from the date hereof, subjc renewals thereafter at the consent of both parties; provided, however, this Agreement mr terminated by either party upon thirty (30) days written notice, or in the event FIELDSTON1 to deposit requested funds within thirty (30) days of demand. Within thirty (30) days folli the termination of this Agreement, CITY shall refund any revenues in excess of those necc to off set expenses incurred for Consultant services. Ill Ill Ill ti/ If1 Ill ff/ 111 Ill Ill Ill Ill /I1 Page: 3 a 0 11. Any notice or other instrument required by this Agreement shall be deem delivered if deposited, certified mail, in the United States mail addressed as follows: "CAR LS BAD" MR. Lloyd Hubbs City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 "FIELDSTONE" Mr. Doug Avis Fieldstone/La Costa Associates Carlsbad, CA 92009 P. 0. BOX 9000-266 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day year first above written. FIELDSTONULA COSTA ASSOCIA LIMITED PARTNERSHIP, a California Limited Partnership BY: THE FIELDSTONE COMPA a California Corporation, its General Partner ATTEST: ALETHA &&$&& L. RAUTENKRANZ, 4. Ry City Clerk BY MTKE STEWART, Assistant Secretary The Fieldstone Cornpan AP OVED AS TO FORM: Liz k,d VINCENT F. BIONDO, JR. 3, 3.7 I City Attorney Page: 4 August 11, 1992 Douglas L. Helming President Helming Engineering, Inc. 1947 Camino Vida Roble, Suite 107 Carlsbad, CA 92008 RE: Supplemental Agreement with Helming Engineering, Inc. The Carlsbad City Council, at its meeting of August 4, 199: adopted Resolution No. 92-245, approving the Supplemental Agreemei for Consultant Plan Check Services for Fieldstone Master Pll Developments. Enclosed is a copy of Resolution No. 92-245 and a fully executi copy of the supplemental agreement for your files. &wzJs CMC Assistant City Clerk KRK: ijp Enclosures -- 1200 Carlsbad Village Drive - Carlsbad. California 92008-1 989 - (61 9) 434-21 1 2 3 4 5 6 7 8 9 1o 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 a e RESOLUTION NO, 9 2 - 2 4 5 A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHOR SUPPLEMENTAL AGREEMENT WITH HELMING ENGINEERING, INC., TO F CONSULTANT PIAN CHECK SERVICES AND ADMINISTRATIVE PROCEDU PROVIDE FOR THESE SERVICES. The City Council of the City of Carlsbad, California, does hereby resolve as follows: That a supplemental agreement between the City of Carlsbad and Engineering, Inc. for consultant plan check services to be provided to Fieldstonell Associates, a copy of which is attached as Exhibit 1 and made a part hereof, i approved, 1. 2. That the agreement between the City of Carlsbad and Fieldstone1 Associates dated July 8, 1991, a copy which is attached as Exhibit 2 and made a pa provides for FieldstoneILa Costa Associates to pay the City the amounts necessaQ the costs paid by the City for such services. 3. That the Mayor of the City of Carlsbad is authorized to exec supplemental agreement with Helming Engineering, Inc. for and on behalf of th Carlsbad. 4. - That the Finance Director is hereby authorized to appropriate fun appropriate expenditure account based on revenue received. Ill Ill Ill /I1 111 111 Ill Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 5. That the Purchasing Officer is hereby authorized to increase the 3LIrChaS to Helming Engineering, Inc. for up to $300,000 as offset by revenue to cover costs ass with this agreement. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City held on the 4th day of August , 1992 by the following vote, to wit. AYES: Council Members Lewis, Kulchin, Stanton, Nygaard NOES: None ABSENT: Council Member arso ,$[y / ~ ,/ '147 ~ L i~l~47 CUI DE A: LEwl , Magor ATEST: l4 l5 16 17 I.8 19 1 AL!!W~NKRANZ, ' SLJL~-- City Clerk (SEAL) 1, '1 2o 21 22 23 24 25 26 27 28 1 I I 0 0 EXHIBIT SUPPLEMENTAL AGREEMENT FOR CONSULTANT PLAN CHECK SERVICES FOR FIELDSTONE MASTER PLAN DEVELOPMENTS - - THIS SUPPLEMENT AGREEMENT is made this 7th day of AUGUST , 1992 betwec the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referr to as CITY, and Helming Engineering, Inc. hereinafter referred to as CONSULTANT. R EC I TA LS WHEREAS, the CITY has entered into an agreement dated July 7, 1992 with Helmi Engineering, Inc. to provide necessary engineering services for plan check of improvement pla 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 Associi hereinafter called the APPLICANT, wherein the CITY agrees to provide consultant plan chi services in order to augment the CITY’S normal plan check processing, for projects related to APPLICANT’S Master Plan Communities; and WHEREAS, the CONSULTANT has the qualifications to provide the required plan ch services; and WHEREAS, it is understood that the CONSULTANT shall be an independent contra of the CITY; NOW, THEREFORE, in consideration of their mutual covenants and conditions, the pal hereto agree to supplement to the scope of work of the Agreement dated July 7, 1992 to incl the following: L A. CONSULTANT‘S GENERAL RESPONSIBILITIES 1. Liaison between City staff , consultants, property owners and/or develor and other governmental agencies. 2. Monitoring of project schedules. 3. Coordination of plan check activities. Page: 1 4. 5. Plan-check OF PRIVATE DEVELOPMENT PROJECTS WITHIN FIELDSTONI Regularly reporting progress to the City Engineer Plan check services for all improvements 8. OWNERSHIP. 1 2. Private development projects owned by Fieldstone. Private development projects not owned by Fieldstone which are authorize in writing by Fieldstone. IN WITNESS THEREOF, we have hereunto set our hands and seals as to this 1 i - day of AUGUST , 1992. CITY OF CARLSBAD L,b#?L L y>/&f /IC * I 3 HELMING ENGINEERING, INC. p3L fldk d’ By: DOUG S L. HELMING, President LAUDE A: LEWIS, Mayor ATTEST: APPROVED AS TO FORM: BY. LE. &QQ. UR f+ a/,o/s= RONALD R. BALL, ALETHA L. RAUTENKRANZ City Clerk City Attorney Page: 2 e 0 EXHIBIT AGREEMENT FOR CONSULTANT PLAN CHECK SERVICES FOR FIELDSTONE/LA COSTA MASTER PLANS - - 1991 between the C . OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CI and FIELDSTONULA COSTA ASSOCIATES, a California Limited Partnership, hereinafter refe to as FIELDSTONE.. w THIS AGREEMENT is made this y&ay of RECITALS WHEREAS, FIELDSTONE is the Master Developer of certain unimproved real prop hereinafter called "Property", located within Local Facilities Management Zones 6, 10, 1 1 an of the City of Carlsbad; and WHEREAS, FIELDSTONE is in the process of procuring certain discretionary apprr for the subdivision and development of portions of the Property along with the proce! construction plans for improvements of portions of the Property previously granted apprc and WHEREAS, CrrY has determined that its current staff is inadequate in number to prc the projects related to the Property in a timely and thorough manner due to the scope and Ir of time contemplated to complete such processing and is willing to contract with a cons for such services; and WHEREAS, FIELDSTONE in order to ensure the expeditious processing of said pr related to the Property desires to pay to the CrrY the amount necessary to offset the cost by the City for such services. Page: 1 NOW, THEREFORE, in consideration of the covenants and conditions, it is agreed follows: 1. The €ity will engage the firm of Helming Engineering, Inc. for consu6ti services hereinafter referred to as "Consultanr to perform the necessary work in the process of projects related to the Property. 2 It is understood that the Consuftant services shall conform to the Agreem between the CrrY and Consultant dated August 5,1988 attached as Attachment 1 and mad part of this agreement. 3. It is understood that the CllY will direct the consultants work and ClTY will ad responsible for payment out of the appropriate General Fund Account. Fieldstone of the work ordered and its cost. 4. FIELDSTONE shall pay to the appropriate General Fund Revenue Acc funds sufficient to off set expenses for the Consultant's services. FIELDSTONE will advanc initial sum of $5O,OOO. Additional lump sum payments will be made by FIELDSTONE I CTTy's written request as necessary to off set expected expenses to be incurred by Cll Consuttant services. Payments shall be made by FIELDSTOhZ within thirty (30) days of H notice by the CITY. CITY will ensure, to the extent feasible, that no further work b Consultant will be authorized in any fiscal year by CITY which will require an offset in exci the estimate for any year without an amendment to this agrem"It 5. Funds paid as part of this agreement shall be over and above the plan fees required as part of the normal plancheck processing procedures. FIELDSTONE agrec services provided under this agreement are meant to augment and not supplant I plancheck processes and fees. 6. CrrY shall provide copies of all invoices submitted by Consul' FIELDSTONE at the time invoices are submitted for payment. Page: 2 . .L l e e i 7. All plans, specifications and other preliminary documentation as prepared publ/C faCiliti8S CUllsbudOn shall beGorne the property Qf the CITY. 8. tt isunderstood that the Consultant shall be an independent contractor of City. 9. The CllY shall furnish to FIELDSTONE a copy of the Consultant's basic schedule and any changes to the basic rate schedule as submitted by the Consultant. 10. This Agreement shall terminate in two years from the date hereof, subjer renewals thereafter at the consent of both parties; provided, however, this Agreement ms terminated by either party upon thirty (30) days written notice, or in the event FIELDSTONE to deposit requested funds within thirty (30) days of demand. Within thirty (30) days folla the termination of this Agreement, CIp/ shall refund any revenues in excess of those nece! to offset expenses incurred for Consultant services. Ill Ill 111 //I Ill //I Ill Ill /I/ Ill //I Ill /ti Page: 3 11. Any notice or other instrument required by this Agreement shall be deen delivered if deposited, certified mail, in the United States mail addressed as follows: "CAR LSBAD" MR. uoyd Hubbs City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 "FIELDSTONE" Mr. Doug Avis Fieldstone/La Costa Associates Carlsbad, CA 92009 P. 0. BOX 9000-266 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day year first above written. FIELDSTONELA COSTA ASSOCLA LIMITED PARTNERSHIP, a California Limited Partnership BY: THE FIELDSTONE COMPA a California Corporation, its General Partner ATTEST: BY MTKE STEWART, Assistant Secretary The Fieldstone Compan YL. 9. Rb? ALETHA L. RAUTENKRANZ, City Clerk AP OVED AS TO FORM: L Q k;- VINCENT F. BIONDO, JR. 7, 3.7 l City Attorney Page: 4