HomeMy WebLinkAbout1991-07-02; City Council; Resolution 91-200f.
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RESOLUTION NO. 91-200
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AGREEMENTS BETWEEN THE CITY OF
CARLSBAD AND HELMING ENGINEERING, INC.; AND THE CITY OF
CARLSBAD AND FIELDSTONE/IACOSTA, FOR CONSULTING SERVICES
AND PAYMENT OF THESE SERVICES.
The City Council of the City of Carlsbad, California, does hereby resolvt
follows:
1. That certain agreements between the City of Carlsbad and Heln
Engineering, Inc. for consultant plan check services and the City of Carlsbad
Fieldstone/La Costa for payment of plan check services, copies of which are attac
hereto as Exhibit 1 and 2 and made a part hereof, are hereby approved.
2. That the Mayor of the City of Carlsbad is authorized to execute I
agreements for and on behalf of the City of Carlsbad.
3. That the Finance Director is hereby authorized to appropriate funds to
appropriate expenditure account based on revenue received.
4. That the Purchasing Officer is hereby authorized to issue a Purchase Orde
Helming Engineering, Inc. for up to $300,000 as off set by revenue to cover c
associated with these agreements.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsl
City Council held on the 2nd day of July , 1991 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton an
NOES: None
ABSENT: None
Nygaard
ATTEST:
lq- ALETHA L. RAUTENKRANZ, City Clerk 1
(SEAL)
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SUPPLEMENTAL AGREEMENT FOR CONSULTANT
PLAN CHECK SERVICES FOR FIELDSTONE
MASTER PLAN DEVELOPMENTS
F Igg1
THIS SUPPLEMENT AGREEMENT is made this f& day of
between the CITY OF CARLSBAD, a municipal corporation of the State of alifornia, hereinafter
referred to as CITY, and Helming Engineering, Inc. hereinafter referred to as CONSULTANT.
RECITALS
WHEREAS, the CITY has entered into an agreement dated August 5,1988, and amended
October 1 , 1990, with Helming Engineering, Inc. to provide necessary engineering services for
plan check of improvement plans, 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 Associates
hereinafter called the APPLICANT, wherein the CITY agrees to provide consultant plan check
services in order to augment the CITY’S normal plan check processing, for projects related to the
APPLICANT’S Master Plan Communities; and
WHEREAS, the CONSULTANT has the qualifications to provide the required plan check
services; and
WHEREAS, it is understood that the CONSULTANT shall be an independent contractor
of the CITY;
NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
hereto agree to supplement the scope of work of the Agreement dated August 5, 1988, as
amended October 1, 1990, to include the following:
A. CONSULTANT’S GENERAL RESPONSIBILITIES
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1 . Liaison between Cibj staff, consultants, property owners and/or developers, and
other gavernmental agencies.
2. Monitoring of project schedules.
3. Coordination of plan check activities.
4. Regularly reporting progress to the City Engineer
5. Plan check services for all improvements
B. PIAN CHECK OF PRIVATE DEVELOPMENT PROJECTS WITHIN FIELDSTONE
OWNERSHIP.
1, Private development projects owned by Fieldstone,
2. Private development projects not owned by Fieldstone which are authorized in
writing by Fieldstone.
IN WITNESS THEREOF, we have hereunto set our hands and seals as to this fl day
, 1991.
HELMING ENGINEERING, INC.
Of #+?-
CITY OF CARLSBAD
&f7 /if1 y d’ By:
RH& 4 I ,d(,
ClAUbE A. LkWIS, Mayor
Attest: APPROVED AS TO FORM:
By: LE&,
71 31 VINCENT F. BIONDO, Jr.
City Clerk City Attorney
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AGREEMENT FOR CONSULTANT PLAN CHECK
SERVICES FOR FIELDSTONE/LA COSTA
MASTER PLANS
THIS AGREEMENT is made this y&ay of (&&& , 1991 between the CITY
OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY,
and FIELDSTONE/LA COSTA ASSOCIATES, a California Limited Partnership, hereinafter referred
to as FIELDSTONE.
RECITALS
WHEREAS, FIELDSTONE is the Master Developer of certain unimproved real property,
hereinafter called "Property", located within Local Facilities Management Zones 6, 1 0, 1 1 and 12
of the City of Carlsbad; and
WHEREAS, FIELDSTONE is in the process of procuring certain discretionary approvals
for the subdivision and development of portions of the Property along with the processing
construction plans for improvements of portions of the Property previously granted approvals;
and
WHEREAS, CITY has determined that its current staff is inadequate in number to process
the projects related to the Property in a timely and thorough manner due to the scope and length
of time contemplated to complete such processing and is willing to contract with a consultant
for such services; and
WHEREAS, FIELDSTONE in order to ensure the expeditious processing of said projects
related to the Property desires to pay to the CIlY the amount necessary to 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 agreed as
follows:
1. The City will engage the firm of Helming Engineering, Inc. for consulting
services hereinafter referred to as "Consultant" to perform the necessary work in the processing
of projects related to the Property.
2. It is understood that the Consultant services shall conform to the Agreement
between the CITY and Consultant dated August 5,1988 attached as Attachment 1 and made a
part of this agreement.
3. It is understood that the CITY will direct the consultants work and be
CITY will advise 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 Account
funds sufficient to off set expenses for the Consultant's services. FIELDSTONE will advance an
initial sum of $50,000, Additional lump sum payments will be made by FIELDSTONE upon
CITY'S written request as necessary to off set expected expenses to be incurred by CITY for
Consultant services. Payments shall be made by FIELDSTONE within thirty (30) days of written
notice by the CITY. CITY will ensure, to the extent feasible, that no further work by the
Consultant will be authorized in any fiscal year by CITY which will require an offset in excess of
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 plancheck
fees required as part of the normal plancheck processing procedures. FIELDSTONE agrees that
services provided under this agreement are meant to augment and not supplant normal
plancheck processes and fees.
6. CITY shall provide copies of all invoices submitted by Consultant to
FIELDSTONE at the time invoices are submitted for payment.
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7. All plans, specifications and other preliminary documentation as prepared for
public facilities construction shall become the property of the CITY.
8. It is understood that the Consultant shall be an independent contractor of the
City.
9. The CrrY shall furnish to FIELDSTONE a copy of the Consultant’s basic rate
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, 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 FIELDSTONE fails
to deposit requested funds within thirty (30) days of demand. Within thirty (30) days following
the termination of this Agreement, CITY shall refund any revenues in excess of those necessary
to offset expenses incurred for Consultant services.
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11. Any notice or other instrument required by this Agreement shall be deemec
delivered if deposited, certified mail, in the United States mail addressed as follows:
"CARLSBAD"
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 anc
year first above written.
FIELDSTONULA COSTA ASSOCIATES
LIMITED PARTNERSHIP, a
California Limited Partnership
BY: THE FIELDSTONE COMPANY,
a California Corporation,
its General Partner
BY--
ATTEST:
KE STEWART,
Assistant Secretary
The Fieldstone Company
h&. 1ci RF
ALETHA L. RAUTENKRANZ,
City Clerk
AP OVED AS TO FORM:
LQk, -
VINCENT F. BIONDO, JR. 3, 3.9 , City Attorney
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