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
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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.
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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,
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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.
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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.
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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.
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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
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1200 Carlsbad Village Drive - Carlsbad. California 92008-1 989 - (61 9) 434-21
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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.
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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:
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1 AL!!W~NKRANZ, ' SLJL~-- City Clerk
(SEAL)
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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.
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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.
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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