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HomeMy WebLinkAboutTraffic Data Service Southwest; 2007-07-02;AGREEMENT FOR ENGINEERING SERVICES 2007 TRAFFIC VOLUME COUNTS (TRAFFIC DATA SERVICE SOUTHWEST) THIS AGREEMENT is made and entered into as of the s*?*- _ day of 206? , by and between the CITY OF CARLSBAD, a municipal foratifln, ("City"), and TRAFFIC DATA SERVICE SOUTHWEST, ("Contractor). RECITALS A. City requires the professional services of a data collection contractor that is experienced in traffic engineering. B. Contractor has the necessary experience in providing professional services and advice related to traffic engineering. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year (1) year from the date first above written. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be twenty two thousand six hundred sixty dollars ($22,660). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version #11.28.06 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to 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 Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City 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 negligence, recklessness, or willful misconduct 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. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. City Attorney Approved Version #11.28.06 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement 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 services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California, with a current rating in Best's Key Rating Guide of at least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a Best's rating of at least A:X. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: City Attorney Approved Version #11.28.06 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. City Attorney Approved Version #11.28.06 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name Robert T. Johnson, Jr., P.E. Name Martin A. Parish Title Deputy City Engineer, Transportation Title Sole Proprietor Dept Engineering CITY OF CARLSBAD TRAFFIC DATA SERVICE SOUTHWEST Address 1635 Faraday Avenue Address 9773 Main Avenue Carlsbad, CA 92008 Lakeside, CA 92040 Phone No. (760) 602-2752 Phone No. (619)390-8495 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. City Attorney Approved Version #11.28.06 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for 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, City will 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 the fee, commission, percentage, brokerage fees, gift, or contingent fee. City Attorney Approved Version #11.28.06 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act applies to this Agreement and, 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 City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version #11.28.06 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. ST CONTRACTOR VFFIC DATA SERVICE \ "By: (sign here) Martin A. Parish/Sole Proprietor (print name/title) mparish@tdssw.com CITY OF CARLSBAD, a municipal corporatjpn oj^he StaJe-Qf California By: City Manager or Mayor Authorized Signatory ATTEST: (e-mail address) 'By: (sign here) (print name/title) (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. 'Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer 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: RONALD R. BALL, City Attorney By:. 8 City Attorney Approved Version #11.28.06 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT fi 1I Ii I iI 1It- iIIiI I State of California County of ss- e and Title of Officer (e.g.. -JajiSDoa, Notary Puglp») SUZETTE SIMOES Commission # 1455271 Notary Public - California San Diego County My Comm. I » Diego County r n Expires Dec 2&2007| Name(3) of Signer(s) D personally known to me ^T proved to me on the basis of satisfactory evidence to be the person^) whose namefc) is/a^ subscribed to the within instrument and acknowledged to me that he/sheitkeyexecuted the same in his/hor/thetf authorized capacityl^esl, and that by his/hw/the*f signature^ on the instrument the personfs), or the entity upon behalf of which the person^) acted, executed the instrument. WITNESS my hand and official s Signature STflotary Public OPTIONAL 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 Title or Type of Document: Document Date: vt*t4_^L, IS', O -^ Number of Pages: Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title (s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: iI I i I<&e®c£&s&$e®^e^ O 1999 National Notary Association • 9350 De Solo Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • wvw.NallonalNotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-B76-6827 Sianer Is Reoresentina: Top of thumb here ?%i Ii I I IiIi i iiI5> IIgi 1 I I I Exhibit "A" City of Carlsbad Public Works - Engineering May 21,2007 Martin A. Parish Owner TRAFFIC DATA SERVICE SOUTHWEST 9773 Maine Avenue Lakeside, CA 92040 2007 CITY OF CARLSBAD TRAFFIC VOLUME COUNTS The attached list provides the 2007 midblock and intersection locations for which traffic count services are requested. There are 160 midblock locations and 20 intersections indicated, along with the anticipated time period for when the counts would be obtained. Please provide your fee for these requested services (counts) based upon a per each midblock fee and a per each intersection fee extended to a total cost. All locations are anticipated to be counted, however, due to construction activities or other unforeseen events, the actual number of counts may be reduced. All contract requirements and parameters provided to you in the March 28, 2007 Request for Qualifications remain in effect. However, please note, the minimum insurance company rating requirement is changed from "A-; V" to "A-; VII" for California licensed ("admitted") carriers. For "non-admitted" carriers, the standard is raised to "A:X". These ratings are the Best's Key Rating Guide measurements of insurance company financial stability. One copy of your fee proposal is requested by June 1, 2007. Please send the fee amount to the attention of Associate Engineer, John Kim at the below indicated address. Thank you. ROBERT T. JOHNSON, JR., P.E. Acting City Engineer RTJ:jd Attachment c: Associate Engineer, Kim Engineering Technician II, Gale 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 6O2-8562 TIME PERIOD FOR TRAFFIC COUNTS MIDBLOCK COUNTS (160) (Before Faraday extension opens; expected to open in August) Faraday Avenue - Just west of El Camino Real Melrose Drive -At North City Limit Melrose Drive - Palomar Airport Road to Rancho Bravado Palomar Airport Road - El Fuerte Street to Loker Avenue East/Gateway Road Palomar Airport Road - Loker Avenue East/Gateway Road to Melrose Drive Palomar Airport Road - Loker Avenue West/Innovation Way to El Fuerte Street June, July. August (when school is out) Armada Drive - North of Palomar Airport Road Cannon Road - LEGOLAND Drive to Faraday Avenue Carlsbad Boulevard - Just north of Tamarack Avenue Carlsbad Boulevard - North City Limit to State Street Carlsbad Boulevard - Ponto Road to Avenida Encinas Carlsbad Village Drive - Carlsbad Boulevard to Washington Street Carlsbad Village Drive - Harding Street to I-5 Southbound Ramps Carlsbad Village Drive - I-5 Northbound Ramps to Pio Pico Drive Carlsbad Village Drive -1-5 Southbound Ramps to I-5 Northbound Ramps Carlsbad Village Drive - Madison Street to Jefferson Street Carlsbad Village Drive - Roosevelt Street to Madison Street Carlsbad Village Drive - State Street to Roosevelt Street Grand Avenue - State Street to Roosevelt Street Harding Street - Carlsbad Village Drive to Oak Avenue Harding Street - Grand Avenue to Carlsbad Village Drive Jefferson Street- Grand Avenue to Carlsbad Village Drive Jefferson Street - Home Avenue to Grand Avenue Madison Street- Grand Avenue to Carlsbad Village Drive Madison Street- Laguna Drive to Arbuckle Place Poinsettia Lane - Over railroad tracks Roosevelt Street - Beech Avenue to Grand Avenue Roosevelt Street - Grand to Carlsbad Village Drive State Street - Carlsbad Boulevard to Laguna Drive State Street - Carlsbad Village Drive to Oak Avenue State Street - Christiansen Way to Grand Avenue State Street - Grand Avenue to Carlsbad Village Drive September or October (when affected school(s) is/are in session) Alga Road - Cazadero Drive to Corintia Street Alga Road - Corintia Street to Santa Isabel Street Alga Road - Corte Casitas to Cazadero Drive Alga Road - El Fuerte Street to Xana Way Alga Road - Xana Way to Melrose Drive Ambrosia Lane - Just north of Aviara Parkway Ambrosia Lane - Just south of Poinsettia Lane Aviara Parkway - Ambrosia Lane to Mimosa Drive Aviara Parkway - Black Rail Road to Four Seasons Point Aviara Parkway - Camino de las Ondas to Poinsettia Lane Aviara Parkway - Poinsettia Lane to Nightshade Road Carlsbad Village Drive - Monroe Street to Donna Drive Chestnut Avenue - Celinda Drive to El Camino Real Chestnut Avenue - Spanish Way to Highland Drive Chestnut Avenue - Valley Street to Marjorie Lane El Fuerte Street - Alga Road to Santa Isabel Street El Fuerte Street - Greenhaven Drive to Poinsettia Lane El Fuerte Street - Poinsettia Lane to Rancho Pancho El Fuerte Street - Unicornio Street to Alga Road Las Flores Drive - 1-5 Northbound Ramps to Pio Pico Drive Las Flores Drive - Pio Pico Drive to Chuparosa Way Poinsettia Lane - El Fuerte Street to Paseo Escuela Poinsettia Lane - Estrella de Mar Road to Alicante Road Poinsettia Lane - Paseo Escuela to Melrose Drive Tamarack Avenue - Carlsbad Village Drive to Chatham Road Tamarack Avenue - Highland Drive to James Drive Tamarack Avenue - La Portalada Drive to Pontiac Drive Tamarack Avenue - Palisades Drive to El Camino Real At least five weeks after Faraday extension opens El Camino Real - College Boulevard to Salk Avenue/Cougar Drive El Camino Real - Faraday Avenue to Palomar Airport Road El Camino Real - Salk Avenue/Cougar Drive to Faraday Avenue El Fuerte Street - South of Faraday Avenue Faraday Avenue - At East City Limit Faraday Avenue - Just east of Rutherford Drive Faraday Avenue - Just west of El Camino Real Faraday Avenue - Orion Street to El Fuerte Street Melrose Drive - At North City Limit Melrose Drive - Lionshead Avenue to Palomar Airport Road Melrose Drive - Palomar Airport Road to Rancho Bravado Palomar Airport Road - El Camino Real to Loker Avenue West/Innovation Way Palomar Airport Road - Loker Avenue West/Innovation Way to El Fuerte Street Palomar Airport Road - El Fuerte Street to Loker Avenue East/Gateway Road Palomar Airport Road - Loker Avenue East/Gateway Road to Melrose Drive Palomar Airport Road - Melrose Drive to Paseo Valindo/Eagle Drive Palomar Airport Road - Paseo Valindo/Eagle Drive to East City Limit October only (when affected school(s) is/are in session) Melrose Drive - Poinsettia Lane to Carrillo Way Melrose Drive - Rancho Bravado to Poinsettia Lane Melrose Drive - Via Patron to Alga Road Anytime Alga Road - El Camino Real to Estrella de Mar Road Avenida Encinas - Just north of Palomar Airport Road Avenida Encinas - Just north of Poinsettia Lane Avenida Encinas - Just south of Cannon Road Avenida Encinas - Just south of Palomar Airport Road Avenida Encinas - Just south of Poinsettia Lane Aviara Parkway - Just south of Palomar Airport Road Aviara Parkway - Mimosa Drive to Manzanita Street Calle Barcelona - Just west of El Camino Real Camino Junipero - Rancho Santa Fe Road to Camino Cereza/Corte Romero Camino vida Roble - Just west of El Camino Real Cannon Road -Avenida Encinas to 1-5 Southbound Ramps Cannon Road - Frost Avenue to El Camino Real Cannon Road -1-5 Northbound Ramps to Paseo del Norte Cannon Road - 1-5 Southbound Ramps to 1-5 Northbound Ramps Cannon Road - Just east of Carlsbad Boulevard Cassia Road - Nicolia Drive to El Camino Real Chestnut Avenue - Harding Street to Pio Pico Drive Chestnut Avenue - Jefferson Street to Harding Street College Boulevard - Carlsbad Village Drive to Red Bluff Place College Boulevard - Faraday Avenue to Aston Avenue College Boulevard - Rift Road to Cannon Road College Boulevard - Tamarack Avenue (N) to Tamarack Avenue (S) Dove Lane - El Camino Real to Sandpiper Place El Camino Real - Alga Road to Arenal Road El Camino Real - Calle Barcelona to South City Limit El Camino Real - Cannon Road to Jackspar Drive El Camino Real - Carlsbad Village Drive to Chestnut Avenue El Camino Real - Cassia Road to Poinsettia Lane El Camino Real - Chestnut Avenue to Tamarack Avenue El Camino Real - Dove Lane to Alga Road El Camino Real - Jackspar Drive to Sunny Creek Road El Camino Real - Just north of Dove Lane El Camino Real - Just north of Lisa Street El Camino Real - Just south of Hosp Way El Camino Real - Marron Road to Hosp Way El Camino Real - Palomar Airport Road to Gateway Road El Fuerte Street - Palomar Airport Road to Gateway Road Faraday Avenue - Just west of College Boulevard Faraday Avenue - South of Whitman Way Harding Street - Oak Avenue to Pine Avenue Harding Street - Pine Avenue to Chestnut Avenue Jefferson Street - Just north of Marron Road Jefferson Street - Just west of Marron Road Jefferson Street - Laguna Drive to Arbuckle Place La Costa Avenue - Saxony Road to El Camino Real Las Flores Drive - Jefferson Street to 1-5 Southbound Off-Ramp/Tuttle Street Las Flores Drive - Over Interstate Highway 5 Magnolia Avenue - Jefferson Street to Harding Street Magnolia Avenue - Madison Street to Jefferson Street Marron Road - Jefferson Street to Monroe Street Marron Road - Just west of Cinema Way Marron Road - West of Avenida de Anita Monroe Street - Marron Road to Wickham Way Palomar Airport Road -Armada Drive to Hidden Valley Road Palomar Airport Road - Camino vida Roble to Yarrow Drive Palomar Airport Road - College Boulevard to Palomar Oaks Way Palomar Airport Road - Hidden Valley Road to College Boulevard Palomar Airport Road - Over Interstate Highway 5 Palomar Airport Road - Palomar Oaks Way to Camino vida Roble Palomar Airport Road - West of Avenida Encinas Paseo Candelero - Alga Road to Terraza Salvo Paseo Candelero - Grado Marbella to Via Candrejo Paseo del Norte - Ginger Avenue to Poinsettia Lane Paseo Valindo - Palomar Airport Road to Rancho Bravado Pio Pico Drive - Just south of Chestnut Avenue Pio Pico Drive - Magnolia Avenue to Tamarack Avenue Poinsettia Lane - Batiquitos Drive to Snapdragon Drive Poinsettia Lane - Crystalline Drive to Aviara Parkway Poinsettia Lane - 1-5 Northbound Ramps to Paseo del Norte Poinsettia Lane - Over Interstate Highway 5 Pontiac Drive - Carlsbad Village Drive to Olympia Drive Rancho Santa Fe Road - Paseo Lupino to La Costa Avenue San Elijo Road - Just east of Rancho Santa Fe Road Tamarack Avenue - Carlsbad Boulevard to Garfield Street Tamarack Avenue - 1-5 Northbound Ramps to Pio Pico Drive Tamarack Avenue - Jefferson Street to 1-5 Southbound Ramps Tamarack Avenue - Just west of railroad tracks Tamarack Avenue - Pio Pico Drive to Adams Street Yarrow Drive - Just south of Palomar Airport Road INTERSECTION APPROACH COUNTS (20) June. July. August (when school is out) Carlsbad Boulevard at State Street September or October (when affected school(s) is/are in session) El Camino Real at Chestnut Avenue El Camino Real at Kelly Drive At least five weeks after Faraday extension opens El Camino Real at Faraday Avenue El Camino Real at Palomar Airport Road Anytime Carlsbad Village Drive at Harding Street Carlsbad Village Drive at 1-5 Southbound Ramps El Camino Real at Aviara Parkway/Alga Road El Camino Real at Cannon Road El Camino Real at Carlsbad Village Drive El Camino Real at College Boulevard El Camino Real at Jackspar Drive/Rancho Carlsbad Drive El Camino Real at La Costa Avenue El Camino Real at Plaza Drive Palomar Airport Road at Avenida Encinas Palomar Airport Road at College Boulevard/Aviara Parkway Palomar Airport Road at El Fuerte Street Palomar Airport Road at Loker Avenue West/Innovation Way Palomar Airport Road at Melrose Drive Palomar Airport Road at Palomar Oaks Way Traffic Data Service Southwest P.O. Box1544 Lakeside, CA 92040 USA City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 RECEIVED MAY 31 2007 ENGINEERING DEPARTMENT Quotation Quote Number: 2007 Carlsbad counts Quote Date: May 31,2007 Page: Customer ID Carlsbad Good Thru 6/30/07 Payment Terms Net Due Sales Rep Qty. 160 74 Item DVC48 AVC48 Description Directional Volume Count - 48 Hours Approach Volume Count- 48 Hours (20 locations, 6x3 legs & 14 x4 legs) We hereby accept this quote and authorize you to proceed with the work. n We will pay by check. G Visa Q MasterCard Q Amex Each 100.00 90.00 Extension 16,000.00 6,660.00 Total 22,660.00 Account Number Exp. Date Security Code Traffic Data Service Southwest To: City of Carlsbad Subject: Price Guide Effective: 4/1/2007 The following prices are for services provided within the San Diego County area. 24-Hour Machine Counts Approach Volume Count $65.00 ea Charge for each additional day $25.00 ea Directional Volume Count $75.00 ea Charge for each additional day $25.00 ea Directional Volume/Classification/Speed Study $100.00 ea Charge for each additional day $35.00 ea 2-Hour Radar Speed Study Charge for both directions from one location (2hr Study) $150.00 ea 2-Hour Intersection Turning Movement Count with Peak Hour (Standard 4 approach legs, signalized or stop controlled ) One Peak Period $128.58 ea Two Peak Periods $160.58 ea Three Peak Periods $240.86 ea • Add $35.95 per hour to Base Price For Each Additional Person per Location • Add $25 per Peak Period/per classification for Classification by Group (i.e. Autos & Trucks) Special Studies - Quoted on an as needed basis Standard Report Formats: Machine Counts - PDF Intersection Turning Movement Counts - PDF (Special formatting will be quoted on a per job basis) Special Report Formatting Initial Template Design $50.00 Hr Data import into template (quoted on a per location basis at time of request and design of template). Labor Per Hour Technician Assistant $35.95 ea Technician $68.75 ea Analytical Assistant $77.50 ea Traffic Analyst $93.75 ea Expert Witness $93.75 ea Intersection Lane Configuration Drawings (Min. $75/Day) $25.00 ea Prices subject to change with 30 day notice P.O. Box 1544 - Lakeside, CA 92040 (619) 390- 8495 fax (619) 390-8427 - Email: mparish@tdssw.com WAIVER REQUEST FORM - PROFESSIONAL LIABILITY FACTORS IN SUPPORT OF REQUEST TO MODIFY PROFESSIONAL LIABILITY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement(s). o Requested by: BOB JOHNSON, PW ENGINEERING, TRANSPORTATION DIVISION <»1 (Name and Department) The proposed modification(s) to the insurance requirement(s) for 2007 Traffic Volume Counts is: (Name of contract) a Coverage in the amount of: $ a FACTOR(S) IN SUPPORT OF MODIFICATIONS) (check those that apply) a Category Assumption(s) NA: Category assumptions are not applicable, [explain] Q Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product. [Explain] Q Significance of Contractor: Contractor has unique skills and there are few if any alternatives. [explain: include number of candidates RFP sent to and number responded if applicable] Q Contractor's work-product is recommendations only; no design or other work-product for which there is no in-house expertise, [explain]: a Professional Liability coverage is not available to this contractor or would increase the cost of the contract by ^ [explain]. ly Other (e.g. explain why exposures minimal, how exposures covered in another policy, exposure control mechanisms, and any other information pertinent to your request): Consultant will only provide traffic counts per the attached Exhibit A. No professional advice or consultation will be given or solicited for the work performed under this agreement. Approved by Risk Manager for this contract only: (Signature) (Date)