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HomeMy WebLinkAbout1994-02-15; City Council; 12588; AGREEMENTS FOR CONSULTANT PLANCHECK SERVICES AND AUTHORIZATION TO APPROPRIATE DEVELOPER DEPOSITSz a > 0 !x ' tL1 EL z 0 F 0 4 6 8 z 3 I 0 ,x; ( J4 3 pTY OF CARLSBAD - AGWDA BILL ,,<;. -- AB# lai'5gg TITLE: AGREEMENTS FOR DEPl MTG. $-IC; - 'i'! CONSULTANT PLANCHECK SERVICES AND CITY CITY DEPT. ENG RECOMMENDED ACTION: AUTHORIZATION TO APPROPRIATE DEVELOPER DEPOSITS i That the City Council adopt Resolution No. W-4d authorizing the Mayor to e supplemental agreement with Helming Engineering, Incorporated to provide cc plancheck services for Fieldstone Master Plans and an agreement with Fieldstone/l Associates to provide funding; authorizing the Finance Director to appropriate received from Fieldstone to fund the cost associated with this supplemental agreer authorizing the Purchasing Officer to open a purchase order not to exceed $50,1 ITEM EXPLANATION: On July 2, 1991 , the City entered into an agreement with Fieldstone/La Costa As to provide consultant plancheck services for the master plan development agreement has expired. Fieldstone/La Costa Associates (Fieldstone), developers ( and La Costa Southeast Master Plan Communities, have requested that the City to make consultant plancheck services available to assist in expediting planc phases of the master plan developments. The Engineering Department is not staffed to provide the level of services requ Fieldstone while maintaining the needed service to the remainder of the City absence of consulting services, Fieldstone projects could experience extended ( processing. On November 22, 1993 the City entered into an agreement with Helming Eng Incorporated to provide plancheck and other associated engineering services to Staff is recommending that the Helming contract be supplemented to provide pl services for Fieldstone projects. If Council concurs, the Mayor will execute a supplemental agreement with Engineering, Incorporated to provide supplemental plancheck services and an a( with Fieldstone to provide funding for these services. In order to administer these agreements, the Council needs to authorize the Director to appropriate funds to the appropriate expenditure account based on received and authorize the Purchasing Officer to issue a purchase order not tc $50,000 to cover costs which will be off set by revenue received. FISCAL IMPACT: The City will contract for and be responsible for costs from Helming Enc Incorporated for project management/plancheck services. Fieldstone will make on a monthly basis as needed to provide funding for consultant plancheck Services will not be requested in excess of available revenue. I 0 688 0 Page 2 of Agenda Bill No. 12, I EXHIBITS: 1. Resolution No. 9 Y c 5y authorizing the Mayor to execute a supplemental agi with Helming Engineering, Incorporated to provide consultant plancheck sen Fieldstone Master Plans and an agreement with Fieldstone/La Costa Assoc provide funding; authorizing the Finance Director to appropriate revenue receh Fieldstone to fund the cost associated with this supplemental agreemt authorizing the Purchasing Officer to open a purchase order not to exceed 9 1 2 3 4 5 6 7 0 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e 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 FIELDSTONELA COSTA ASSOCIATES AND WITH FIELDSTONE/IA COSTA ASSOCIATES FOR PAYMENT OF THESE SERVICES. The City Council of the City of Carlsbad, California, does hereby resolve as f 1. That a Supplemental Agreement between the City of Carlsbad ani Engineering, Incorporated and an agreement between the City of Carlsbad and Fie Costa Associates, copies of which are attached hereto as Exhibits 1 and 2 and mac part hereof, are hereby approved. 2. That the Mayor of the City of Carlsbad is authorized to execute said agrc behalf of the City. 3. That the Finance Director is hereby authorized to appropriate funds to the i expenditure account based on revenue received. 4. That the Purchasing Officer is hereby authorized to issue a purchase order Engineering, Incorporated for an amount up to $50,000 as offset by revenue rec Fieldstone/La Costa Associates to cover these agreements. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad ( held on the 15th day of FEBRUARY , 1994 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finn: NOES: None ABSENT: None AlTEST: *L%SiRA NKRANZ, City Clerk (SEAL) 0 0 EXHIB 4 SUPPLEMENTAL AGREEMENT FOR CONSULTANT PLAN CHECK SERVICES FOR FIELDSTONE MASTER PIAN DEVELOPMEN'IS THIS SUPPLEMENTAL AGREEMENT is made this 17 th day of FEBRUARY, 19s between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinaftl referred to as CITY, and Helming Engineering, Inc. hereinafter referred to as CONSULTANT. RECITALS WHEREAS, the CllY has entered into an agreement dated November 16, 1993 wi Helming Engineering, Inc. to provide necessary engineering services for plancheck improvement plans, grading plans and final maps; and other services that may be required; ai WHEREAS, the CITY has entered into an agreement with Fieldstone/La Costa Associat hereinafter called the APPLICANT, wherein the Crpl agrees to provide consultant planche services for projects related to the APPLICANT'S Master Plan Communities; and WHEREAS, the CONSULTANT has the qualifications to provide the required planche services; and WHEREAS, it is understood that the CONSULTANT shall be an independent contrac of the CIJY; NOW, THEREFORE, in consideration of their mutual covenants and conditions, the part hereto agree to supplement to the scope of work of the Agreement dated November 16, 1 < to include the following: A. CONSULTANTS GENERAL RESPONSlBlLlTlES 1. Liaison between City staff, consultants, property owners and/or developc and other governmental agencies. 2. Monitoring of project schedules. 3. Coordination of plancheck activities. 4. Regularly reporting progress to the City Engineer Page: 1 0 0 * 5. PLANCHECK OF PRIVATE DEVELOPMENT PROJECTS WITHIN FIELDSTO Plancheck services for all improvements B. OWNERSHIP. 1. 2. Private development projects owned by Fieldstone. Private development projects not owned by Fieldstone which are authori in writing by Fieldstone. IN WITNESS THEREOF, we have hereunto set our hands and seals as to this L2. day of FSRUMV , 1994. HELMING ENGINEERING, INC. By: GPfi L. HELMING, Preside1 ( ATEST: APPROVED AS TO FORM: &.e-&- /Qa+ By: r RONALD R. BALL, y',r,9u ALETHA L. RAUTENKRANZ City Clerk City Attorney Page: 2 e 0 4 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 1 STATE OF CALIFORNIA 1 1 \ COUNTY OF 9&d a, before me, OnJm \ 3.lWj personally appeared, 4JrLIs F). 1IAkEJ'i5vLfp, Pmy /' NAME, TlTLE OF OFFICER - E.G.. -JANE DOE! NOTARY PUBUC' ' OAT& nu< A5 2- - N-eL /u <_ - -- personally known to me (or proved70 me on the basis of satisfactoryhidence) to be the person@) whose n: subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herA capacity(ies), and that by hidherhheir signature(s) on the instrument the person@), or the entity upon behalf person(s) acted, executed the instrument. OPTIONAL INFORMATION - :I I TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBEk OF PAGES L SIGNER(S) OTHER THAN NAMED ABOVE rnG4.d -r e 0 EXHll AGREEMENT FOR PUNCHECK SERVICES FOR FIELDSTONE/IA COSTA MASTER PUNS THIS AGREEMENT, made and entered into as of the 17th day of FEBRUAF , 1994, by and between the CITY OF CARLSBAD, a municipal corporati1 of the State of California, hereinafter referred to as "CITY", and FIELDSTONE/IA COS ASSOCIATES, hereinafter referred to as "FIELDSTONE". RECITALS WHEREAS, FIELDSTONE is the Master Developer of certain unimproved rl property, hereinafter called "Property" located within Local Facilities Management Zor 6, 10, 11, and 12, of the City of Carlsbad; and WHEREAS, FIELDSTONE is in the process of procuring certain discretion approvals for the subdivision ad development of portions of the Property along with processing of construction plans for improvements of portions of the Property previoi granted approvals; and WHEREAS, CIlY has determined that its current staff is inadequate in numb€ process the projects related to the Property in a timely and thorough manner due to scope and length of time contemplated to complete such processing and is willin! contract with a consultant for such services; and WHEREAS, FIELDSTONE, in order to ensure the expeditious processing of projects related to the Property, desires to pay to the CIN the amount necessai offset the costs paid by the City for such services. 0 0 NOW, THEREFORE, in consideration of the covenants and conditions, it is agre as follows: 1. The City will engage the firm of Helming Engineering, Inc., for corisult services, hereinafter referred to as "Consultant" to perform the necessary work in processing of projects related to the Property. 2. It is understood that the Consultant services shall conform to the Agreem between the CITY and Consultant dated November 16,1993, attached as Attachmei and made a part of this agreement. 3. It is understood that the CITY will direct the consultant's work and responsible for payment out of the appropriate General Fund Account. CITY will ad FIELDSTONE of the work ordered and its cost. 4. FIELDSTONE shall pay to the appropriate General Fund Revenue ACCO funds sufficient to offset expenses for the Consultant's services. Lump sum paymi will be made by FIELDSTONE upon CITY'S written request as necessary to o expected expenses incurred by CITY for Consultant sewices. Payments shall be n by FIELDSTONE within thirty (30) days of written notice by the CIW. CITY will em to the extent feasible, that no further work by the Consultant will be authorized in fiscal year by CITY which will require an offset in excess of the estimate for any without an amendment to this agreement. 5. Funds paid as part of this agreement shall be over and above the planc fees required as part of the normal plancheck processing procedures. FIELDSTC agrees that services provided under this agreement are meant to augment anc supplant normal plancheck processes and fees. 2 0 0 6. CITY shall provide copies of all invoices submitted by Consultant FJELDSTONE at the time invoices are submitted for payment. 7. All plans, specifications, and other preliminary documentation as prepar for public facilities construction shall become the property of the CITY. 8. the CITY. 9. It is understood that the Consultant shall be an independent contractor The CITY shall furnish to FlELDSTONE, a copy of the Consultant's basic r schedule and any changes to the basic rate schedule as submitted by the ConsultE This Agreement shall terminate in two (2) years from the date hereof, sub to renewals thereafter with the consent of both parties: provided, however, this Agreerr may be terminated by either party upon thirty (30) days written notice, or in the e\ FIELDSTONE fails to deposit requested funds within thirty (30) days of demand. Wi thirty (30) days following the termination of this Agreement, CITY shall refund revenues in excess of those necessary to offset expenses incurred for Consul services. 10. 11. Any notice or other instrument required by this Agreement shall be deer delivered if deposited, certified mail, in the United States mail, addressed as follow: "CARLSBAD1 Mr. Lloyd Hubbs CITY OF CARLSBAD/ENGINEERING DEPARTMENT 2075 Las Palmas Drive Carlsbad, CA 92009 "FIELDSTONE" Ivan Simovich FIE!DSTONE/IA COSTA ASSOCIATES P.O. Box 9000-266 Carlsbad, CA 92009 3 0 e IN WITNESS WHEREOF, the parties hereto have executed this agreement on day and year first written above. * FIELDSTONE/IA COSTA ASSOCIAT LIMITED PARTNERSHIP, a Califo Limited Partnership BY: THE FIELDSTONE COMPANY California Corporation, its Gen Partner ATTEST; 4 9. &A=> ALETHA L. RAUTENKRANZ, City Clerk' SIMOVICH, Assistant Secre THE FIELDSTONE COMPANY APPROVED AS TO FORM: a Q.%- RONALD R. BALL, City Attorney 2/16 15 4 4 0 e IN WJTNESS WHEREOF, the parties hereto have executed this agreement on 1 day and year first written above. CJJY OF CARLSBAD FIELDSTONULA COSTA ASSOCIATI LIMITED PARTNERSHIP, a Califoi Limited Partnership CLAUDE A. LEWIS, Mayor BY: THE FIELDSTONE COMPANY California Corporation, its Gen Partner ATTEST: ALETHA L RAUTENKRANZ, City Clerk 3 AN SIM , Assistant Secrel THE FIELDSTONE COMPANY APPROVED AS TO FORM: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - OPTIONAL SE CAPACITY CLAIMED Though *Me does not ret fill In the data below, doli invaluable to persons rerylng ersonally known to me - OR - 0 proved to me on the basis of satisfactory ev to be the person(s) whose name(s) subscribed to the within instrument a knowledged to me that he/she/they the same in his/her/their aut capacity(ies), and that by his/h signature(s) on the instrument the or the entity upon behalf of person(s) acted, executed the ins SIGNER IS REPRE NAME OF PERSON(S) OR El THIS CERTIFICATE MUST BE AlTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here Is not required by law, it could prevent fraudulent reattachment of this form TITLE OR TYPE OF DOCUMEN NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE