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Home My WebLink About1992-08-04; City Council; Resolution 92-245e 0 1 RESOLUTION NO. 92-245 2 3 4 A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING A SUPPLEMENTAL AGREEMENT WITH HELMING ENGINEERING, INC., TO PROVIDE CONSULTANT PLAN CHECK SERVICES AND ADMINISTRATIVE PROCEDURES TO PROVIDE FOR THESE SERVICES. 5 I/ ll The City Council of the City of Carlsbad, California, does hereby resolve as follows: 6 7 8 9 10 1. That a supplemental agreement between the City of Carlsbad and Helming Engineering, Inc. for consultant plan check services to be provided to FieldstoneILa Costa Associates, a copy of which is attached as Exhibit 1 and made a part hereof, is hereby approved. 11 2. That the agreement between the City of Carlsbad and FieldstoneILa Costa 12 3. That the Mayor of the City of Carlsbad is authorized to execute said 15 the costs paid by the City for such services. 14 provides for FieldstoneILa Costa Associates to pay the City the amounts necessary to offset 13 Associates dated July 8, 1991, a copy which is attached as Exhibit 2 and made a part hereof, 16 17 18 19 20 21 22 23 24 25 supplemental agreement with Helming Engineering, Inc. for and on behalf of the City of Carlsbad. 4. That the Finance Director is hereby authorized to appropriate funds to the appropriate expenditure account based on revenue received. Ill Ill Ill Ill Ill 26 Ill 27 111 28 Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 25 26 27 28 I 0 0 5. That the Purchasing Officer is hereby authorized to increase the Purchase Order to Helming Engineering, Inc. for up to $300,000 as offset by revenue to cover costs associated with this agreement. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 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 AlTEST: A~-~A~%N~~ (SEAL) 0 0 CAI llUl I I SUPPLEMENTAL AGREEMENT FOR CONSULTANT PLAN CHECK SERVICES FOR FIELDSTONE MASTER PLAN DEVELOPMENTS THIS SUPPLEMENT AGREEMENT is made this 7th day of AUGUST , 1992 between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and Helming Engineering, Inc. hereinafter referred to as CONSULTANT. RECITALS WHEREAS, the CITY has entered into an agreement dated July 7, ‘1992 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; 5 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree to supplement to the scope of work of the Agreement dated July 7,1992 to include the following: 4 A. CONSULTANT’S GENERAL RESPONSIBILITIES 1. Liaison between City staff, consultants, property owners and/or developers, and other governmental agencies. 2. Monitoring of project schedules. 3. Coordination of plan check activities. Page: 1 0 I 4. Reg,ularly reporting progress to the City Engineer 5. Plan check services for all improvements B. Plan 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 10 th day of AUGUST , 1992. CITY OF CARLSBAD HELMING ENGINEERING, INC. /g-/ /$jj/? ,: ,J[d69 By: a d" CLAUDE A: LEWIS, Mayor s!HELMlNG{&d*, ATTEST: APPROVED AS TO FORM: ALETHA L2.&zf&/K" L. RAUTENKRANZ By: LR. CksJ?L* RONALD R. BALL, p/,~lq~, City Clerk City Attorney Page: 2 0 EXHIBIT 2 AGREEMENT FOR CONSULTANT PLAN CHECK SERVICES FOR FIELDSTONE/LA COSTA MASTER PLANS THIS AGREEMENT is made this $$-%jay of * , 1991 between the Crpl . OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CIPI, and FIELDSTONULA 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, 10, 11 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 CllY the amount necessary to offset the costs paid by the City for such services. Page: 1 a e 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 “Consultanr 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 CRY will direct the consultants work and be responsible for payment out of the appropriate General Fund Account. CRY will advise 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. FlEtDSTONE will advance an initial sum of $50,000. Additional lump sum payments will be made by FlELDSTONE upon CRY‘S written request. as necessary to off sei expected expenses to be incurred by CrrY 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 ClTy 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 piancheck 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 Consuttant to FIELDSTONE at the time invoices are submitted for payment. Page: 2 0 e 7. All plans, specifidations and other preliminary documentation as prepared for public facilities construction shall become the property of the C17y. 8. tt 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, CllY shall refund any revenues in excess of those necessary to offset expenses incurred for Consultant services. Ill 111 Ill //I I// Ill 111 //I Ill /I/ I11 /I/ Ill Page: 3 e 0 11. Any notice or other instrument required by this Agreement shall be deemed 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 Fieidstone/La Costa Associates ,P. 0. Box 9000-266 Carisbad, CA 92009 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. ATTEST: &A*. P. KO9 ALtrHA L. RAUTENKRANZ, City Clerk FIELDSTONELA COSTA ASSOCIATES LIMITED PARTNERSHIP, a California Limited Partnership BY: THE FIELDSTONE COMPANY, a California Corporation, its General Partner BY fdKE STEWART, Assistant Secretary The Fieldstone Company AP OVED AS TO FORM: A /L fz b,- VINCENT F. BIONDO, JR. 3, 3.3 I City Attorney Page: 4