HomeMy WebLinkAbout1994-02-15; City Council; 12588; AGREEMENTS FOR CONSULTANT PLANCHECK SERVICES AND AUTHORIZATION TO APPROPRIATE DEVELOPER DEPOSITSz
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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.
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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
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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 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
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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
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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
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- 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.
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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.
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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
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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
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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