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HomeMy WebLinkAboutCarltas Company LP; 1994-07-21;AMENDMENT NO. 2 To AGREEMENT FOR CONSULTANT TRAFFIC ENGINEERING SERVICES FOR CARLSBAD RANCH LOCAL FACILITIES MANAGEMENT PLAN ZONE 13 This Amendment No. 2 is entered into and effective as of the /z” day of fn/l-/zc.14 , 1996, amending the agreement dated July 21, 1994 by and between the C’ity of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and CARLTAS COMPANY, a California Limited Partnership, hereinafter referred to as, ‘Carltas” for payment for consultant services. RECITALS WHEREAS, the initial agreement, dated July 21, 1994 identified the responsibilities of the City and Carttas in regard to the provision of consultant services for Carlsbad Ranch, Local Facility Management Plan Zone 13; and WHEREAS, the parties to this aforementioned agreement desire to atter the scope of work to add consultant services to prepare an Environmental Impact Report for Carlsbad Ranch; and WHEREAS, the Contractor secured by the City possesses the necessary skills, experience, professional expertise, financial abilities, and other qualifications to provide said services required by City; and WHEREAS, a supplemental scope of work and fee schedule have been negotiated and agreed to between the City and the Contractor, and as shown on Exhibit “A” Scope of Services and Fee; and WHEREAS, the City of Carlsbad, California, hereby finds it necessary, desirable, and in the public interest to proceed with this Amendment No. 2 for said additional work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor hereby agree as follows: 1. Revise paragraph ‘No. 1” of Page 2 to read as follows: 1. The City will engage the firm of Kaku Associates, Inc. for consulting traffic engineering services hereinafter referred to as “Consultant” to perform the necessary traffic engineering work related to the Property for preparation of the Local Facilities Management Plan Zone 13 Traffic Study and a Congestion Management Plan. In addition, the Consultant shall provide professional services in the preparation of an Environmental Impact Report for Carlsbad Ranch. 2. Revise paragraph “No. 4” of Page 2 to read as follows: 4. Carltas shall pay to the appropriate General Fund Reserve Account funds sufficient to offset expenses for the Consultant’s services, including services related to preparation of the Congestion Management Plan and Environmental Impact Report. Carltas will advance an initial sum of $29,560. An additional $12,500 advance is required for the Congestion Management Plan. An additional $5,000 advance is required for the Environmental Impact Report. Additional lump sum payments will be made by Carltas upon City’s written request as necessary to offset expected expenses to be incurred by City for Consultant services. Payments shall be made by Carltas within fifteen (15) days of written notice by the City. 3. Revise paragraph ‘No. 9” of Page 3 to read as follows: 9. This agreement shall terminate upon completion of the traffic study for Local Facilities Management Plan Zone 13, the traffic study for the Congestion Management Plan, the Environmental Impact Report, and receipt of ail payments due to City from Caritas; provided, however, this agreement may be terminated by either party upon thirty (30) days written notice, or in the event Carltas fails to deposit requested funds within fifteen (16) days of demand. Within thirty (30) days following the termination of this agreement, City shall refund any revenues in excess of those necessary to offset expenses incurred for Consultant services. 10/16/95 4. All other provisions of the aforementioned agreement entered into on July 21, 1994, by and between City and Carltas shall remain in full force and effect. 5. All requisite insurance policies to be maintained by Carltas shall include coverage for the amended assignment and scope of work. Acknowledged and Accepted: CARLTAS COMPANY, CITY OF CARLSBAD, a municipal (print name/title) By: (print n$fne/title) (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL CALIFORNIA ALL-PURPOSE State of California County of San Dieqo On March 12, 1996 beforeme, Karen A. Phelps, Notary Public I Date Name and Title of Officer (e.g., “Jane Doe, Notary Public”) personally appeared Christopher C. Calkins I Name(s) of Signer(s) a personally known to me - alPt/~~~~l&~~t~~~~~~~~~~~~~~~~~~~ to be the person(d) whose name&j is/#e subscribed to the within instrument and acknowledged to me that he/$$$tf&$ executed the same in his/t$$$b’efjauthorized capacity(i&), and that by his/fi,er@f#r/signature($) on the instrument the person&), or the entity upon behalf of which the person&j acted, executed the instrument. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Amendment No. 2 to Agmt. for Consultant Traffic Engineering TitleorTypeof Document: Services for Carlsbad Ranch Lmal Facilities Manaqement Plan Zone 13 Document Date: March 12, 1996 Number of Pages: 3 + -ibib Signer(s)OtherThan NamedAbove: City Manager, Aletha L. Rautenkranz, Ronald R. Ball Capacity(ies) Claimed by Signer(s) Signer’sName: Christopher C. Calkins 0 Individual q Corporate Officer Title(s): Cl Partner - q Limited •! General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator [XI Other: Manaqer Signer Is Representing: Carltas Compa ny, a Calif. limited partnership Top of thumb here Signer’s Name: 0 Individual 0 Corporate Officer Title(s): q Partner - q Limited Cl General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator El Other: Signer Is Representing: Top of thumb here 0 1994 National Nofary Association - 8236 Remmei Ave.. PO. Box 7184 * Canoga Park. CA 91309-7184 Pmd. No. 5907 Reorder: Call Toll-Free l-800-876-6827 03/01/96 17:31 *a10 394 7663 KAKU ASSOC. INC. ly;l UUL/ UVL , ' . . .- EXHIBIT “A” MEMORANDUM To= Bob wOja% City of C&bad SUBJECT: Carlsbad Ranch ER DATE: December I,1996 REFz630 The following is the budget and scope of work tc conduct additional work on the above pro&& The addiional work involves the attendance of Kaku Associates personne1 at two public hearings for the Carl&ad Ranch ER. Scheduled is a planning commksion hearing on bmber 6,1996 and a City Council hearfng on January 9,1996. Pat Gibson and Bryan Mayeda would attend each of the hearings. The cost to afiend the Iwo hearings would be $3,670. If you have any questions or need additional tnfomrab’on, piease feel free to contact me. March 14, 1996 TO: ASSISTANT CITY CLERK FROM: Management Analyst, Engineering VIA: City Enginee & AMENDMENT NO. 2 Td AGREEMENT FOR CONSULTANT TRAFFIC ENGINEERING SERVICES FOR CARLSBAD RANCH LOCAL FACILITIES MANAGEMENT PLAN ZONE 13 Three sets of the amendment noted above with the Carltas Company are enclosed and are ready for signature by the City Clerk, City Attorney, and City Manager. The original agreement for this project set the terms under which the City hired KAKU and Associates to provide traffic engineering services for the Carlsbad Ranch project. Amendment No. 1 added a congestion management plan to the scope of work. This Amendment No. 2 adds KAKU’s attendance at two meetings dealing with the Environmental Impact Report for this project. When the amendments are signed, please keep one copy and return the remaining two to me. Thank you for your assistance. MINDY JACOBS Management Analyst Enclosures cc Traffic Engineer Principal Civil Engineer Wojcik Senior Management Analyst, Engineering AMENDMENT NO. 1 TO AN AGREEMENT FOR CONSULTANT TRAFFIC ENGINEERING SERVICES FORCARLSBADRANCH LOCAL FACILITY MANAGEMENT PLAN ZONE 13 THIS AMENDMENT NO. 1 to the agreement with Carltas Company, dated July 21, 1994, amends the following: 1. Revise paragraph “No. 1” of Page 2 to read as follows: 1. The CITY will engage the firm of KAKU Associates, Inc. for consulting traffic engineering services hereinafter referred to as “Consultant” to perform the necessary traffic engineering work related to the Property for preparation of the Local Facilities Management Plan Zone 13 traffic study and a congestion management plan. 2. Revise paragraph “No. 4” of Page 2 to read as follows: 4. CARLTAS shall pay to the appropriate General Fund Revenue Account funds sufficient to offset expenses for the Consultant’s services, including services related to preparation of the congestion management plan. CARLTAS will advance an initial sum of $29,560.00. Additional lump sum payments will be made by CARLTAS upon CITY’s written request as necessary to offset expected expenses to be incurred by CITY for Consultant services. Payments shall be made by CARLTAS within fifteen (15) days of written notice by the CITY. /I/ Ill Ill Ill III Ill . 3. Revise paragraph “No. 9” of Page 3 to read as follows: 9. This Agreement shall terminate upon completion of the traffic study for Local Facilities Management Plan Zone 13, the traffic study for the congestion management plan, and receipt of all payments due to City from CARLTAS; provided, however, this Agreement may be terminated by either party upon thirty (30) days written notice, or in the event CARLTAS fails to deposit requested funds within fifteen (15) days of demand. Within thirty (30) days following the termination of this Agreement, CITY shall refund any revenues in excess of those necessary to offset expenses incurred for Consultant services. 4. All provisions of the aforementioned agreement entered into on July 21, 1994, by and between CITY and CARLTAS shall remain in full force and effect. 5. This Amendment No. 1 to the aforementioned agreement between CITY and CARLTAS shall be effective on and from the day first above written. CITY OF CARLSBAD T, City Manager ATTEST: ALETHA L. RAUTE APPROVED AS TO FORM RONALD R. BALL, Ci$-M 2 APRIL 14, 1995 TO: CITY CLERK FROM: PRINCIPAL CWlL ENGINEER CARLSBAD RANCH CONSULTANT SERVICES AGREEMENT Attached are three (3) copies of an amendment to the agreement with Carltas Company for a Congestion Management Plan. Please process and return necessary copies to me for our records and Carltas. THANK YOU RciZ+ Principal Civil Engineer AGREEMENT FOR CONSULTANT TRAFFIC ENGINEERING SERVICES FOR CARLSBAD RANCH LOCAL FACILITY MANAGEMENT PLAN ZONE 13 THIS AGREEMENT is made this &@day of hB lgg4 between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and CARLTAS COMPANY, a California Limited Partnership, hereinafter referred to as CARLTAS. RECITALS WHEREAS, CARLTAS is the Master Developer of certain unimproved real property, hereinafter called “Property”, located within Local Facilities Management Zone 13 of the City of Carlsbad; and WHEREAS, CARLTAS is in the process of procuring certain discretionary approvals for the subdivision and development of portions of the Property; and WHEREAS, CARLTAS would be required to contract with a consultant to complete a traffic study for property in Local Facilities Management Zone 13; and WHEREAS, CARLTAS has requested that City contract with consultant to provide the traffic study to ensure the neutrality of the study; and WHEREAS, CARLTAS will agree to reimburse the City all costs paid by the City for such services; and WHEREAS, City will agree to contract with the consultant under this condition. Page: 1 Rev. 6/29/94 NOW, THEREFORE, in consideration of the covenants and conditions, it is agreed as follows: 1. The CITY will engage the firm of KaKu Associates, Inc. for consulting traffic engineering services hereinafter referred to as “Consultant” to perform the necessary traffic engineering work related to the Property for preparation of the Local Facilities Management Plan Zone 13 traffic study. 2. It is understood that the Consultant services shall conform to the form of the Agreement between the CITY and Consultant attached as Attachment 1 and made a part of this agreement. 3. It is understood that the CITY will review the consultants work and be responsible for payment out of the appropriate General Fund Account. CITY will advise CARLTAS of the work ordered and its cost. 4. CARLTAS shall pay to the appropriate General Fund Revenue Account funds sufficient to offset expenses for the Consultant’s services. CARLTAS will advance an initial sum of $29,560.00. Additional lump sum payments will be made by CARLTAS upon CITY’s written request as necessary to offset expected expenses to be incurred by CITY for Consultant services. Payments shall be made by CARLTAS within fifteen (15) days of written notice by the CITY. 5. Funds paid as part of this agreement shall be over and above the fees required as part of the development of the Property. CARLTAS agrees that services provided under this agreement are meant to augment and not supplant normal processes and fees. 6. CITY shall provide copies of all invoices submitted by Consultant to CARLTAS at the time invoices are submitted for payment. Page: 2 Rev. 6/29/94 7. All traffic studies and other related documentation prepared for the Local Facilities Management Plan Zone 13 shall become the property of the CITY. CARLTAS will be given copies of the completed traffic study. 8. It is understood that the Consultant shall be an independent contractor of the City. 9. This Agreement shall terminate upon completion of the traffic study for Local Facilities Management Plan Zone 13 and receipt of all payments due to City from CARLTAS; provided, however, this Agreement may be terminated by either party upon thirty (30) days written notice, or in the event CARLTAS fails to deposit requested funds within fifteen (15) 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. //I //I //I //I /II I// //I I// /I/ //I //I //I Page: 3 Rev. 6/29/94 10. 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 B. Hubbs City Engineer City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 “CARLTAS” Mr. Christopher C. Calkins President Carltas Company 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSBAD ATTEST: CARLTAS COMPANY, a California Limited Partnership CAJ&THM!QAUTQ~J&ANZ, City Clerk ’ APPROVED AS TO FORM: . RONALD R. BALL, City Attorney Page: 4 Rev. 6/29/94 CARLSBAD RANCH/ZONE 13 TRAFFIC ANALYSIS LOCAL FACILITIES MASTER PLAN TRANSPORTATION ANALYSIS SCOPE OF SERVICE TASK 1 LOCAL FACILITIES MASTER PLAN UPDATE Task l-l Update Existinq Conditions The update of the Local Facilities Master Plan for the Carlsbad Ranch/Zone 13 will be based on the recent analysis performed by Kaku Associates for the LEG0 Family Park (April, 1994 report). The City of Carlsbad requirements for a Local Facility Master Plan indicate that all key intersections and links should be studied that are affected by a minimum of twenty percent of Zone 13 traffic. Therefore, the first stage of this analysis will involve the determination of the intersections and links to be included in this study. Preliminary assignment of Carlsbad Ranch/Zone 13 traffic indicates that the following intersections will be added to the LEG0 Park analysis: . Cannon/El Camino Real . Palomar Airport Road/El Camino Real . Palomar Airport Road/Camino Vida Roble . Palomar Airport Road/Hidden Valley Road In addition, the section of Palomar Airport Road between College and El Camino Real will also be added to the LEG0 Park analysis base. These additional locations will be analyzed for the typical AM and PM peak hours. The LEG0 Family Park traffic report included a section on existing condition evaluation. The above intersections and link will be added to that existing conditions analysis. The City of Carlsbad will supply traffic counts for Palomar Airport Road/El Camino Real and Palomar Airport Road/Camino Vida Roble intersections and for the section of Palomar Airport Road between College and El Camino Real. Task 1-2 Future Backaround Conditions The LEG0 Family Park established future background conditions assuming Year 2000 and buildout conditions for all of Carlsbad except LEG0 Family Park. For this analysis the definition of “background conditions” must be modified slightly so that Year 2000 and buildout backaround conditions exclude all development in Carlsbad Ranch/Zone 13. This task will then modify the LEG0 Family Park analyses to identify Year 2000 and background conditions without any development in Carlsbad Ranch. Year 2000 and buildout background traffic projections will be based on computer model runs prepared by the San Diego Association of Governments (SANDAG). Adjustments to SANDAG model run results vviJ,be reviewed with City staff. EXHIBIT 1 This task will also update the cumulative background projections to include any new cumulative background project that might not be included in the SANDAG model runs. For example, there is a proposed general plan change for a 33.2 acre parcel of land along the south side of Palomar Airport Road from west of Hidden Valley Road to east of College. This change involves switching planned industrial land use to community commercial land use. The incremental traffic change of this switch would be included in the estimate of future cumulative background conditions. The City will supply Kaku Associates with any other cumulative background changes that could affect background conditions. Task l-3 Future Base Scenarios The. development of the Carlsbad Ranch/Zone 13 Local Facility Master Plan will involve one existing condition and three future condition scenarios. The four scenarios are as follows: Scenario Year With/Without Carlsbad Ranch Traffic Status of Cannon Road 1 Existing Conditions Without l-5 to Car Country Drive 2 Year 2000 Without l-5 to Pointe Resort Drive 3 Year 2000 Without l-5 to El Camino Real 4 Buildout Without l-5 to Oceanside Scenarios 1, 3 and 4 above have essentially been developed as part of the LEG0 Family Park traffic impact analysis. The adjustments described in Task 1-2 will be made in order to identify background conditions without Carlsbad Ranch. Scenario 2 is a new scenario in that it has not been tested as part of the LEG0 Family Park traffic report. This scenario will include ‘a manual adjustment of Scenario 3 traffic projections. Task l-4 Proiect Traffic Traffic generation from Carlsbad Ranch/Zone 13 will be estimated based on trip generation rates presented in the LEG0 Family Park traffic analysis and on the Carlsbad Ranch specific plan phasing analysis as presented and adjusted on June 16, 1994. Project trips will be distributed to the roadway network based on the general directions of approach estimated in the SANDAG computer model and on the LEG0 Family Park distributions presented in the LEG0 Family Park traffic analysis, Project trips will be assigned to the roadway network under the four future scenarios described in Task l-3. Task 1-5. Traffic Impacts Intersection and link capacity calculations for the three future scenarios will be conducted for conditions with Carlsbad Ranch/Zone 13 traffic and impacts identified. To the extent that the Year 2000 or buildout year analyses show any intersection or link exceeding Level of Service D in peak hour conditions and LOS C in off-peak hours, interim year analyses will be performed to identify the precise year when mitigation will be required to avoid Level of Service E or F conditions. As an alternate to physical mitigation, analyses will be performed to identify what level of project traffic reduction would be required to avoid or postpone required. mitigation under the above tasks. Task 1-6 Final Report The results of the above analysis will be presented in a final report. The report will include an appendix with the detailed capacity calculation worksheets for all intersection analyses. Worksheets will also be provided showing the calculations for link level of service analyses. TASK 2 ROtiNDABOUT ANALYSIS Kaku Associates will subcontract Peter Doctors of Penfield and Smith firm in Santa Barbara to conduct an analysis of the proposed roundabout at the intersection of Lego Drive and Armada Drive. Kaku Associates will supply Mr. Doctqrs with an estimate of future traffic including turning movements. Mr. Doctors will then evaluate the projected traffic and develop a design for the roundabout that will deliver to the City of Carlsbad the desired level of service operation. Kaku Associates and Peter Doctors will compare the developed design to the proposed design and review that comparison with City staff and Carlsbad Ranch staff. Kaku Associates will also evaluate the intersection of Lego Drive/Armada Drive under three other potential configurations: 1. Provision of a grade-separated left-turn. ‘, ‘3: Signalized T-intersection with Armada T-ing into Lego Drive. Signalized T-intersection with the south leg of Lego Drive T-ing into a continuous Armada/north Lego Drive. Capacity calculations of future operating conditions under all four configurations will be presented to the City. TASK 3 PARKING OPERATION REVIEW Kaku Associates-wi!bFview the proposed parking plan developed by EDAW for the LEG0 Family Park. Our review of the parking plan will include parking loading/unloading patterns, stall and aisle dimensions, traffic flow within the parking lot, separation of auto and buses, adequacy of inbound ticket booths, parking orientation, overflow parking needs, employee parking patterns, and pedestrian flows. Kaku Associates will prepare a memorandum summarizing our initial review of the parking program. This initial review will be discussed at a meeting with City and EDAW staff, A more detailed review of the parking program will be conducted after EDAW prepares a final proposed parking plan responding to comments prepared for the first parking meeting. TASK 4 MEETINGS AND WORK SESSIONS Kaku Associates is prepared to attend the following number of zeetings/work sessions for each project task. . Task 1 LFMP Update -- four meetings . Task 2 Roundabout Analysis -- two meetings . Task 3 Parking Operation Review -- three meetings Each meeting will be attended by Patrick Gibson and/or Bryan Mayeda of Kaku Associates staff. One meeting in Task 2 would include Peter Doctors and would take place in Carlsbad. Additional meetings/work sessi,ons for any of the tasks would be above and beyond this contract and would require an amendment to the maximum budget for the contract. CARLSBAD RANCH/ZONE 13 TRAFFIC ANALYSIS LOCAL FACILITIES MASTER PLAN PROJECT SCHEDULE The following key dates will be met by Kaku Associates: Wednesday, June 29 Delivery’ of report text for existing conditions, background conditions and project traffic. Delivery of impact results for existing conditions, Scenario 3 and Scenario 4. Friday, July 8 Draft of entire report. Friday, July 15 Receipt of City of Carlsbad final comments. Wednesday, July 20 Delivery of revised final report. , - ZQ-Jun-94 KAKU ASSOCIATES. INC. COST ESTIMATE PROJECT: Carlsbad Ranch/Zone 13 Local Factlities Master Plan MPLOYEE HOURS PER TASK HOURLY TOTAL TOTAL RATE HOURS COSTS l-l l-2 l-3 l-4 l-5 l-6 2 3 MTGS ). KAKU $0 0 $0 ‘. GIBSON $165 4 18 8 4 16 24 72 si I ,080 ‘. GAUL $0 0 SO 1. CLEAR $0 0 SO I. CARTWRIGHT $0 0 SO i. RAJU $0 0 SO ;. CHANOASHAI SO 0 SO A. LASUDZKI $0 0 so 3. MAYEDA 380 8 12 a 24 24 8 24 108 $8.640 ?.CHO 865 8 12 16 28 24 12 100 $6,500 r. DEJESUS so 0 $0 :. DEVLIN so 0 $0 f. DERMITZEL SO 0 SO 4. YING so 0 ENG. ASST. $45 12 12 s54ll XJPPORT 345 0 $a TOTAL HOURS 8 24 28 8 68 56 28 24 48 0 292 -- rOTAL LABOR COSTS $520 $2.080 $2,000 $640 $6,380 $4.800 $1.980 $3.280 $5.880 so - $27.560 .ABOR COSTS WIOVERHEAC Overhead Multiplier: 0% $27.560 ITHER DfRECT COSTS: Computer so Travel SC Telephone SO Word Processing SC Reproduction SC Supplies oc Temporary Labor tc Traffic Counts fC -. Other (Penfield Subcontract) s2,aoc ---------------------- ------ TOTAL OTHER DIRECT COSTS 62.OOC rOTAL COST $29,56C I , I I I I I I I I I I I I I