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HomeMy WebLinkAbout1999-10-19; City Council; 15443; Design Agreement For Training Range Facility* L . . p 2 d Y $ /4 5 3lTY OF CARLSBAD - AGENT BILL AB# 15.493 m: MTG. 1 O/l 9/99 DEPT. CD APPROVAL OF DESIGN AGREEMENT FOR THE CARLSBAD POLICE DEPARTMENT TRAINING RANGE FACILITY, CITY PROJECT NO. 36861 CITY MGR w RECOMMENDED ACTION: Staff recommends the City Council ADOPT RESOLUTION NO. 99-464 approving an agreement with P & D Consultants, Incorporated for the design of the Carlsbad Police Department Training Range Facility, City Project No. 36861. ITEM EXPLANATION: The City Council appropriated funds in the 1999 - 2000 Capital Improvement Program budget (CIP) for the relocation of the Carlsbad Police Department Training Range Facility. The appropriation of these funds enables relocation of this facility from its current temporary location within City owned property at Veterans Memorial Park to a portion of CMWD’s Lake Calavera property. Relocation of this facility is necessary due to the upcoming construction of the Carlsbad City Golf Course Project to begin in late 2000. The relocation of this facility to the Lake Calavera site is a component of the “hard-line” project design for the Golf Course Project within the Carlsbad Habitat Management Plan (HMP) recently approved by the City Council and now under review by the United States Fish and Wildlife Service and the California Department of Fish and Game. The project includes construction of an outdoor training range facility very similar to the existing temporary facility, a small parking lot and equipment storage building, noise attenuation structures, landscaping, and related improvements. Attached for the City Council’s review and approval is a design agreement with P & D Consultants, Incorporated to undertake the design of this project at the Lake Calavera site. P & D Consultants is the civil engineering subconsultant on the Raven Golf Management team designing the Golf Course Project. P & D’s initial work to site the Police Training Range somewhere else on the City’s Golf Course is transferable to the Lake Calavera property. The schedule calls for preliminary design, environmental review, acquisition of Federal, State, and local permits and entitlements, completion of final design, and initiation of construction by September, 2000. This project is intended to be constructed on a schedule parallel with the initiation of construction of the Carlsbad City Golf Course Project in late 2000. Staff recommends approval of the attached agreement. ENVIRONMENTAL REVIEW: This design contract will initially gather data and prepare a preliminary site plan, concept layout of the facilities, and prepare the “project description.” This initial data gathering phase is categorically exempt from environmental review under the applicable provisions of the California Environmental Quality Act. Once assembled, the initial project data and “project description” will be transmitted to the City’s Planning Department to undergo formal environmental review. Final project design will commence following completion‘of environmental review. ’ * PPGE 2 OF AGEN&ILL NO. 15,443 FISCAL IMPACT: The City Council has appropriated $500,000 in the current CIP for the design and construction of this project. The design agreement with P & D Consultants, Incorporated totals $91,900 and includes all civil engineering design work, all environmental studies and permit processing, structural design of all buildings and noise attenuation structures, and related design work. EXHIBITS: 1. Resolution No. 99-464 approving a design agreement with P & D Consultants. 2. P & D Consultants, Incorporated agreement. - AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR THE CARLSBAD POLICE TRAINING RANGE PROJECT THIS AGREEMENT is made and entered into as of the 6th day of August, 1999, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and P & D CONSULTANTS, hereinafter referred to as “Contractor.” RECITALS City requires the services of an engineering design Contractor to provide the necessary design services for preparation of plans, specifications, and contract documents for City’s Carlsbad Police Training Range Project, hereinafter referred to as the “Project;” and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS Contractor shall perform the scope of work for the Project as defined in attached “Exhibit A” dated August 4, 1999 incorporated by reference and made a part hereof. 2. CITY OBLIGATIONS The City shall designate an authorized representative(s) to assist Contractor with coordination of the Project. City shall make available to Contractor copies of all existing and available studies, reports, maps, exhibits, photos, field data, or other related project rev. 2/26/99 -1 - . - - materials and information to assist Contractor with the Project. City shall pay Contractor in accordance with the terms and conditions of this agreement. 3. PROGRESS AND COMPLETION The design work under this contract will begin within ten (10) days after receipt of notification to proceed by the City and be completed within ninety (90) calendar days of that date. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the City Manager or his authorized representative. The City Manager or his authorized representative will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by City inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be a fixed fee of $91,900. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” Incremental payments, if applicable, should be made as outlined in attached Exhibit “A.” 5. DURATION OF CONTRACT This agreement shall extend for a period of three (3) years from the date thereof. The contract may be extended by the City Manager for two (2) additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City’s rev. 2126/99 needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. 7. FINAL SUBMISSIONS Within five (5) calendar days of completion and approval of the final plans, specifications, and contract documents by the City, the Contractor shall deliver to the City the following items: One (1) camera ready set of 8.5” X 11” specification package One (1) set of final drawings, reproducible mylar, ready for signatures Three (3) sets of blackline prints of the final drawings One (1) set of 3.5” floppy disk(s) of the latest CADD version of the final drawings One (1) set of 3.5” floppy disk(s) of the final specification package, Windows 95 version, Word system compatible Six (6) sets of the environmental letter report with maps Six (6) sets of the acoustical assessment report with maps 6. GHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the rev. 2/26/99 -3 - conditions of the contract is warranted, the Contractor or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 10. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. rev. 2126199 -4 - 11. TERMINATION OF CONTRACT In the event of the Contractor’s failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the City Manager or his authorized representative. The City Manager or his authorized representative shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Contractor has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City Manager, the Manager shall determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. -5 - rev. 2/26/99 12. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and net in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds f from the selection process. d r the City of Carlsbad to disqualify the Contractor (Initial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. CA I/ (Initial) rev. 2/26/99 -6 - 13. JURISDICTION The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 14. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor’s own way as an independent Contractor and in pursuit of Contractor’s independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent Contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this -7 - rev. 2126199 agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Contractor shall have the right to make one (1) copy of the plans for its records. 16A. ENVIRONMENTAL REVIEW Contractor shall not proceed with final design of the Project prior to receipt of written authorization from City notifying Contractor of completion of environmental review of the Project. rev. 2/26/99 -8 - 17. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. 18. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any willful misconduct, or negligent act, or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 19. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 20. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractor’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the -9 - rev. 2/26/99 City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 21. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties -10 - rev. 2126199 hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 25. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and the City’s conflict of interest code, that the Contractor will not be required to file a conflict of interest statement as a requirement of this agreement. However, Contractor hereby acknowledges that Contractor has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Contractor from this responsibility. 26. lNSURANCE The Contractor shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors, Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best’s Key Rating of not less than “A-Y” and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. rev. 2/26/99 -11 - A. Coveraaes and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily injury and property damage. 3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractor’s profession with limits of not less than $1 ,OOO,OOO per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. rev. 2/26/99 -12 - B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers’ Compensatibn and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. rev. 2/26/99 -13 - 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: For City: Title Municipal Projects Manager Name John J. Cahill Address 2075 Las Palmas Drive, Carlsbad, CA 92009 For Contractor: Title Vice President Name Address Charles Moore 401 West A Street, Suite 2500, San Diego, . CA 92101 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 29. ENTlRE This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. rev. 2/26/99 -14 - C Executed by Contractor this 6th day of August, 1999. CONTRACTOR: P & D CONSULTANTS (name of Contractor) 0y: ~~~~~~~~~~ c ($g!y&-*rp- (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a- municipal ATTEST: h-w AETfiA L. RAUTENKRANZ City Clerk LORRAINE M. WOOD, Deputy City Clerk (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: rev. 2126199 -15 - P&D CONSULTANTS, INC. Record of Unanimous Written Action and Action Of the Board of Directors The Directors of P&D Consultants, inc. (P&D), by unanimous consent, have consented to the adoption of the following resolutions as if such resolutions had been adopted at a meeting of the corporation duly called and held in accordance with the Bylaws of the Corporation, and hereby direct that a copy-hereof be filed with the minutes of the proceedings of the Board of Directors. NOW THEREFORE, BE IT RESOLVED, that Mr. Charles Moore, of P&D Consultants, Inc. has the authority to execute the contract with the City of Car&bad for the Palomar Airport Road Project on behalf of P&D. I hereby certify that the forgoing is a true and correct copy of the resolution adopted by the Board of Directors on July 7, 1999. Secretary ^ _^ -n_l \.M’I :a 66, P0 we EXHIBIT A August 4, 1999 401 WEST ‘4. STREET SUITE 2500 IAN OIEGO, CALIFORNIA 92101 619/232-4466 619/234.302i FAX www.pd~onrultants.eom Mr. John Cahill Municipal ProJecrs Manager City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009 Subjeot: City of Carlsbad PolSce Shooting Range/Lake Calavera Site Dear John: Pursuant to our discussions regarding the City of Carlsbad Police Shooting Range, the following is our proposal and fee for civil engineering, acoustical assessment, landscape architecture services, structural engineering, and geotechnical services to facilitate the design of this facility. As you are aware, we have performed preliminary field studies and conceptual designs for the shooting range location, and have reviewed these findings with the City, U.S. Fish and Wildlife Service, and California Department of Fish and Game. As a result of these efforts, the previous proposed location for the shooting range, which was located on the western side of the proposed Carlsbad Golf Course property, has been abandoned. The proposed new location, for purposes of this proposal, is located in the southwest area of the Lake Calavera property, I. CIVIL ENGlNEERlNG A. Prefiminary Engineering 1.0 Shooting Range Layout 1.1 P&D will meet with the City of Csrlsbad Community Development Department and Police Department to review current conceptual layout and design guidelines. 1.2 Modifications will be made to the shooting range layout as required and reviewed for approval by the City and Police Department. 1.3 Preliminary grading and drainage plans will be prepared (based upon accurate topographic mapping at 40-foot scale and 2-foot contour intervals provided by the City) for the fotlcwing: c I, IU, -nc, V,? qn, ,,,A77 .yJfi ;= t-n c,r,r Mr. John Cahill August 4, 1899 Page 2 l A 100-foot-wide x 300-foot-long shooting range with a minimum height mounded target area of 30 feet. The range will have a maximum 2,5 percent cross-fall for drainage. l Mounding and berming as required for visual buffering of adjacent properties. Mounding for noise control will also be provided if necessary. {Noise control-mounding information to be provided by a noise assessment engineer.) l Provide area for a 15-foot-wide x lOO-foot-long staging area. . Provide area for a 20.foot by 30-foot pad for a proposed structure. . Parking to be provided for 20 vehicles and 3 police emergency mobile units. l As determined by the City, no potable water or sanitary sewer lines will be provided as part of this scope of service. (City to provide lavatories and potable water by other means.) 2.0 Site Access 2.1 P&D will assess temporary and permanent access to the site for consideration by the City as follows: l investigate temporary access via the existing SDG&E maintenance road from the existing southern terminus of Cannon Road in Oceanside. This will require access agreements from the underlying fee-simple landowner and authorirarion by SDG&E. (Note: P&D has made contact with SDG&E regarding their records and information concerning this issue.) l Determine possible permanent access from proposed Tamarack Drive, which is being constructed by McMillin Companies. This access would cross the dam maintenance road and essentially follow the existing SDG&E maintenance roads on the south side of Lake Calavera and continue in a southerly direction to the site for a proposed distance of 2,800 feet from Tamarack Drive. (Access over the dam road may require approval and permits by orhers and is nor included in this proposal.) l Determine possible permanent access from the proposed extension of Reaches 4 and 5 of Cannon Road. 2.2 Once an access road has been selected, preliminary engineering services will be provided to establish vertical and horizontal alignments and address- ?. (( :-.-?9-, jr- ?.-, I )-j-,7 -xc _’ L 6-e cd-\u Mr. John Cahill August 4, 1999 Page 3 related grading and drainage issues. An estimate of probable cost to construct the road will also be provided. 2.3 Attend meetings with the City and Carlsbad Police Department. A budget of 30 hours has been allocated for this task. 8. Final Engineering/Construction Documents 1, Provide final engineering grading plans for access road and police shooting range facility as determined by preliminary engineering. Also provide an estimate of probable cost for improvements to be provided based on the scope of services by P&D. 2. Provide drainage area study. 3. Provide an estimate of probable cost for proposed improvements, 4, Provide contract specifications for proposed improvements. 6, Provide necessary erosion control plans for the improvements. II. ENVIRONMENTAL SERVICES 1. P&D will conduct a biological reconnaissance of the access road and shooting range. It is not anticipated that focused surveys will be required. 2. Prepare letter report and base map documents. 3. Prepare one screencheck Initial Study. 4. Make minor revisions to Initial Study and provide City with five copies. 5. Assist in permitting of the project. 6. A maximum of 30 hours of meeting time has been budgeted for this task. III. ACOUSTICAL ASSESSMENT A noise assessment study of the shooting range will be prepared by J. J. Houten & Associates, Inc. The following is their scope of services to be provided for this work effort. c ( I IL4 I -!nr, In-t n--,_l I 1-17’ .7Tr : ; hr-3 Elm4 Mr. John Cahill August 4, 1999 Page 4 1, 2. 3. 4. 5. Review the site plan, City standards, and topography as needed to prepare an acoustical study report. The objective of the study effort will be to update previous work regarding a shooting range in the City of Carlsbad. Obtain background noise measurements at the project site and identify any sources other than weapon noise that requires examination. Perform noise analysis and identify the barrier heights required to reduce the level of weapon noise as needed for compliance with City standards, Prepare a report of findings that identifies the appropriate standards, existing and future noise levels, and noise control recommendations needed for compliance with City standards. Attend staff or public hearings, review final engineering drawings, and/or provide additional services beyond that of our report as indicated in Item 4. A maximum of eight hours is budgeted for this task. IV. LANDSCAPE ARCHlTEClURE A. Preliminary Landscapa Han 1. Per the City of Carlsbad Landscape Manual, and based on the grading plan, prepare a concept plan indicating plant materials to be used for review and approval. Since water service is not available for irrigation, planting design will take a native restoration approach. The City’s Landscape Manual requires a Water Conservation Plan and a fire Protection Plan. However, since water service. is not available, and no habitable structures are planned, these two plans are not included in this proposal. B. Construction Documents 1, Based on the approved final concept plan, we will prepare construction documents including: l Planting plan, details, and construction notes; . Fencing plan and construction notes; and l Estimate of probable cost. The City’s Landscape Manual requires irrigation be provided for all plantings; however, since water service is not available, preparation of irrigation plans are not included in this proposal. c ,, u.4, -lnc1 In? “-A 1.1117’ .7fi SC: w cInu Mr. John Cahill August 4, 1999 Page 5 - C. Additional Services 1. The following services are not included within the scope of this proposal: l Fire Protection Plan and Water Conservation Plan: l Additional construction details and documents for items such as; - Irrigation plans, details, and specifications - Shooting range shelter construction documents - Directional or other signage - Agronomic soils testing l Site observation during construction; and l Processing with community groups or county, state, or federal agencies, V. SHOOTING RANGE SHELTER 1. P&D’s Landscape Architects will coordinate with Cerlsbad police and other City departments to prepare plans for the proposed police shooting range shelter. Simon Wong Engineering will provide structural calculations, shelter drawings, shop drawing revisions, and construction support for this work effort. VI, GEOTECHNICAL SERVICES 1. The geology in the area of the shooting range consists of sedimentary rock of the Santiago Formation; bedrock along the roadway alignmenr consists primarily of dense igneous rock with some possible fill and/or sedimentary rock near the south side of the dam. The investigation proposed by the geotechnical consultant. Leighton and Associates, will include a series of exploratory backhoe pits excavated in the area of the shooting range and parking lot. This will provide soils information that can be utilized for grading and foundation design recommendations. Because of the steeply sloping terrain along the access road and the very dense brush subsurface, excavations in this area are not feasible without construction of a dozer access road. As such, it is suggested at this rime that investigation of the roadway consist of geologic mapping of site conditions and identification of major constraints. A future phase of investigation will likely be required in the area of major cuts. This investigation may provide useful information after plans become finalized. In addition to evaluation of the major slope areas, future investigation will include an evaluation of site rippability. Mr, John Cahill August 4, 1999 Page 6 The scope of work for the initial phase of investigation will include the following: l Review of readily available geologic maps and aerial photographs. . Site reconnaissance and geologic mapping. l Excavation of five to eight exploratory backhoe pits in the area of the shooting range and parking lot. l Laboratory testing. l Engineering analyses. l Preparation of an appropriately illustrated report. This report will presenr a summary of our findings and present Qeotechnical recommendations for grading, foundations, preliminary pavement design, and other appropriate design recommendations. VIJ. NOTES AND ASSUMPTIONS 1. 2. 3, 4. 5. 6. 7. It is understood that City forces will be responsible for bidding and construction services in connection with this project. Boundary and topographic information to be provided by the City, It is understood that necessary title reports will be provided by City, Engineering improvements for sanitary sewer and potable water services are not included. It is our understanding that the City will provide this service by other means. Services do not include as-built engineering, P&D will provide only those tasks as defined within the scope of services described above. This scope of service does not include construction staking. This service can be provided es an additional cost. ^! I ,_I, -7-7-t ,-- .I,- # .-- ,7-. - - 4-i. C-I-I Mr. John Cahill August 4, 1999 Page 7 VI. COMPENSATION P&D will provide the above services for the City of Carlsbad Shooting Range for a Fixed Fee amount of Ninety-one Thousand Nine Hundred Dollars ($91,900), as indicated by task below. T?lSkS Proposed fee Amount I. Civil Engineering II. Acoustical Assessment III. Environmental Services IV. Landscape Architecture V. Shooting Range Shelter VI, Geotechnical Total Fee $38,800 $5,700 s 14,400 $10,000 $17,500 $5,500 $91,900 P&D is not obligated to perform additional services unless an amendment to this agreement has been fully executed setting forth the scope, schedule, and fee. Costs for printing and/or reproduction, travel, agency fees, etc., will be considered as reimbursable cosrs and will be charged on a time and material basis. If you find the terms of the above scode of services and fees acceptable, please sign as authorized below. If you should have any questions, please do not hesitate to contact me. Sincerely, P&D CONSULTANTS. INC. Chuck Moore Vice President CM/tip Signature of Authorization: John Cahill Date: ;, ‘,’ ‘, c,, r&j ,-nC,,~? f-f”J ,.IJTT .3m :c f717 =,nr .&/’ _’ - P&D CONSULTANTS, INC. Record of Unanimous Written Action and Action Of the Board of Directors The Directors of P&D Consultants, Inc. (P&D), by unanimous consent, have consented to the adoption of the following resolutions as if such resolutions had been adopted at a meeting of the corporation duly called and held in accordance with the Bylaws of the Corporation, and hereby direct that a copy hereof be filed with the minutes of the proceedings of the Board of Directors. NOW THEREFORE, BE IT RESOLVED, that Mr. Charles Moore, of P&D Consultants, Inc. has the authority to execute the contract with the City of Carlsbad for the Police Training Range Project on behalf of P&D. I hereby certify that the forgoing is a true and correct copy of the resolution adopted by the Board of Directors on August 6, 1999. . Gretchen M. Umbeck Secretary SlNWllflSN03 a’8d WtlElP:LB 664 L2 3nw - - NOTARY ACKNOWLEDGMENT TO AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR THE CARLSBAD POLICE TRAINING RANGE PROJECT STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On August 9, 1999, before me, Rebecca Laser, Notary Public, personally appeared Chuck Moore, personally known to me (N m to be the person(prlwhose name($) is/are-subscribed to the within instrument, and acknowledged that he/&e/they executed the same in his/b8r4th& authorized capacity(iesj, and that by his/h&their signatur&on the instrument the person@, or the entity upon behalf of which the person@ acted, executed the instrument. Comm. X1125913 C CAL tFC)RN! [SEAL] Signature of Notary Public -. 1 II RESOJ,UTION NO. gg-464 I 6 II 7 8 9 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY . OF CARLSBAD, CALIFORNIA, APPROVING A DESIGN AGREEMENT WITH P & D CONSULTANTS, INCORPORATED FOR THE DESIGN OF THE CARLSBAD POLICE DEPARTMENT TRAINING RANGE FACILITY, CITY PROJECT NUMBER 36861 WHEREAS, The City Council of the City of Carlsbad, California has previously appropriated funds in the fiscal 1999 - 2,000 Capital Improvement Program budget for the relocation of the Carlsbad Police Department Training Range Facility, hereafter referred to as the 11 12 “Project;” and WHEREAS, a design agreement and scope of work have been prepared for the Project 13 14 15 with P & D Consultants, Incorporated; and WHEREAS, the City Council hereby finds it necessary, desirable, and in the public 16 interest to proceed with the design of the Carlsbad Police Department Training Range Project. 17 NOW, THEREFORE, be it resolved as follows: 18 1. That the above recitations are true and correct. 19 2* That an agreement with P & D Consultants, Incorporated is hereby approved and the 20 Mayor is authorized to execute said agreement. Following the Mayor’s signature of said 21 agreement, the City Clerk is directed to forward copies of this resolution and the signed 22 23 agreement to P & D Consultants, Incorporated, attention: Mr. Chuck Moore, 401 West “A” 24 Street, Suite 2500, San Diego, California, 92101, and the Police and Community Development 25 Departments. 26 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council on 27 I/ the 19th dayof October , 1999 by the following vote, to wit: 28 0 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 AYES: Lewis, Hall, Finnila, Nygaard, Kulchin AYES: Lewis, Hall, Finnila, Nygaard, Kulchin NOES: NOES: None None ABSENT: None ABSENT: None CLAUDE A. LEWIS, Mayor CLAUDE A. LEWIS, Mayor (ATTEST) (ATTEST) m ALETHA L. RAUTENKRANZ, City Clerk ALETHA L. RAUTENKRANZ, City Clerk LORRAINE M. WOOD, Deputy City Clerk LORRAINE M. WOOD, Deputy City Clerk (SEAL) (SEAL) -2-