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HomeMy WebLinkAbout1994-02-15; City Council; Resolution 94-54. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ 0 a 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 FIELDSTONE/LA COSTA ASSOCIATES AND WITH FIELDSTONE/LA COSTA ASSOCIATES FOR PAYMENT OF THESE SERVICES. The City Council of the City of Carlsbad, California, does hereby resolve as follow 1. That a Supplemental Agreement between the City of Carlsbad and H( Engineering, Incorporated and an agreement between the City of Carlsbad and Fieldstc Costa Associates, copies of which are attached hereto as Exhibits 1 and 2 and made a part hereof, are hereby approved. 2. That the Mayor of the City of Carlsbad is authorized to execute said agreemer behalf of the City. 3. That the Finance Director is hereby authorized to appropriate funds to the apprc expenditure account based on revenue received. 4. That the Purchasing Officer is hereby authorized to issue a purchase order to He Engineering, Incorporated for an amount up to $50,000 as offset by revenue receivec Fieldstone/La Costa Associates to cover these agreements. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C held on the 15th day of FEBRUARY , 1994 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None ~ ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 1( e e EXHIBIT SUPPLEMENTAL AGREEMENT FOR CONSULTANT PIAN CHECK SERVICES FOR FIELDSTONE MASTER PLAN DEVELOPMENTS THIS SUPPLEMENTAL AGREEMENT is made this 17th day ofFEBRUARY, 1994 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 November 16, 1993 with Helming Engineering, Inc. to provide necessary engineering services for plancheck 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 plancheck services for projects related to the APPLICANT'S Master Plan Communities; and WHEREAS, the CONSULTANT has the qualifications to provide the required plancheck 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 to the scope of work of the Agreement dated November 16, 1993 to include the following: 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 plancheck activities. 4. Regularly reporting progress to the City Engineer Page: 1 0 0 5. Plancheck services for all improvements 6. PLANCHECK 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 / 7?% day of Fk&K uM~ , 1994. HELMING ENGINEERING, INC. By: AlTEST: APPROVED AS TO FORM: lLeQALR&+ By: CLJZRk. ALETHA L. RAUTENKRANZ . , RONALD R. BALL,yl/L,9y City Clerk City Attorney Page: 2 0 0 .'. - CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT I STATE OF CALIFORNIA 1 \COUNWOF ShLJ hi -i 1 On 5 kd \ 3 . I 7 94 before' me, Ades 0. 1/AleAJzue/P. N6;rpnlY QAT@ "E, TTTLE OF OFFICER - E.G., *JANE Doe! NOTARY PUBLIC. personally appeared, i" yc 1/45 'I" \&elM/rJ q- - personally known to me (or provedjo me on the basis of satisfactorybidence) to be the person(s) whose name@) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hidherdheir au capacity(ies), and that by hidhedtheir signature(s) on the instrument the person(s), or the entity upon behalf of whit person(s) acted, executed the instrument. " WITNESS my hand and official seal. .I 1 - 4 OPTIONAL INFORMATION - TITLE OR TYPE OF DOCUMEPJT 1- kfc-dm "T DATE OF DOCUMENT NUMBE~ OF PAGES .L SIGNER(S) OTHER THAN NAMED ABOVE 0 0 EXHIBIT AGREEMENT FOR PLANCHECK SERVICES FOR FlELDSTONE/lA COSTA MASTER PLANS THIS AGREEMENT, made and entered into as of the 17th day of FEBRUARY , 19%, by and between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "CIW, and FIELDSTONE/LA COSTA ASSOCIATES, 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 ad development of portions of the Property along with the processing of 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 CITY the amount necessary to offset the costs paid by the City for such services. 0 0 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 November 16,1993, attached as Attachment 1 and made a part of this agreement. 3. It is understood that the CITY will direct the consultant's work and be responsible for payment out of the appropriate General Fund Account. CITY will advise FIELDSTONE of the work ordered and its cost. 4. FIELDSTONE shall pay to the appropriate General Fund Revenue Account, funds sufficient to offset expenses for the Consultant's services. Lump sum payments will be made by FIELDSTONE upon CIlY's written request as necessary to offset expected expenses 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. 2 . e e 6. CITY shall provide copies of all invoices submitted by Consultant to FIELDSTONE at the time invoices are submitted for payment. 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 CITY 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 (2) years from the date hereof, subject to renewals thereafter with 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. 1 1. 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. Uoyd Hubbs CITY OF CARLSBAD/ENGINEERING DEPARTMENT 2075 Las Palmas Drive Carlsbad, CA 92009 "FIELDSTONE" Ivan Simovich FIELDSTONE/IA COSTA ASSOCIATES Carlsbad, CA 92009 P.O. BOX 9000-266 3 b a e .' IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first written above. FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, a California Limited Partnership BY: THE FIELDSTONE COMPANY, a California Corporation, its General Partner ATTEST: c- JC7y)/ c_ - ALETHA L. RAUTENKRANZ, City Clerk' SIMOVICH, Assistant Secretary THE FIELDSTONE COMPANY APPROVED AS TO FORM: Q. 6- RONALD R. BALL, City Attorney zl(6 15 9 4 Y 0 e IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first written above. CITY OF CARLSBAD CLAUDE A. LEWIS, Mayor AlTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: FIELDSTONULA COSTA ASSOCIATES LIMITED PARTNERSHIP, a California . Limited Partnership BY: THE FIELDSTONE COMPANY, a California Corporation, its General Partner “pp AN SIM , Assistant Secretary THE FIELDSTONE COMPANY ” ”- ktOf pm3 0 1 CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT - OPTIONAL SECTION CAPACITY CLAIMED BY S Though statute does not require the I fill in the data below. doing so me ring on the do pwJ i - 14 4.1 GAL- A*%<~A+, ~BL, Pd/ 0 lNDlvlDuAL ti invaluable to persons rib before me, DATE NAME, TITLE OF OFFICER - E.G., ‘JANE WE. NOTARY PU Uc‘ I :::sonally appeared . $gLbh c s’havLA paCEG -. NAME(S) OF SIGNER(S) TITLE(S) It 1 &ersonally known to me - OR - (7 proved to me on the basis of satisfactory evidence 0 PARTNER(S) n LI‘ITEC to be the person(s) whose name(s) idare subscribed to the within instrument and ac- knowledged to me that he/she/they executed (7 ATToRNEY-IN-FACT the same in his/her/their authorized (7 TRUSTEE@) 0 GUARDIAN/CONSERVATC capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES my hand and official seal. NAME OF PERSON(S) OR ENTIlY(IES) GENER OTHER: !Irrrrrrrrrrrrrrr, SIGNER IS REPRESENTIN - ~~~~~- 1 - 3 ! .. LLJuRpcpB, ’ I I4 SIGNATURE OF NOTARY I I OPTIONAL SECT10 THIS CERTIFICATE MUST BE ATACHED TO TITLE OR P/PE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNERW OTHER THAN NAMED ABOVE NUMBER OF PAGES DATE OF DOCUMENT