HomeMy WebLinkAbout1998-06-16; City Council; 14721; 1998 Growth Management Traffic Monitoring Program5 CI m ‘/ OF CARLSBAD -AGENDA tdLL
4B# /q;?af TITLE- .
UlTG. 6116198
IEPT. ENG
RECOMMENDED ACTION:
1998 GROWTH MANAGEMENT PLAN
TRAFFIC MONITORING PROGRAM CITY ATTY. CE .
CITY MGRD
Adopt Resolution No. % c 1% 5 approving the consultant agreement for the 1998 Growth
Management Plan Traffic Monitoring Program.
ITEM EXPLANATION:
The City of Carlsbad Growth Management Plan requires that the performance standard for
circulation be met at all times as growth occurs. The standard states that “No road segment or
intersection in the Zone nor any Circulation Element road segment or intersection out of the zone
which is impacted by development in the Zone shall be projected to exceed a Service Level C
during off-peak hours, nor Service Level D during peak hours. Impacted is defined by 20 percent or
more of the traffic generated by the Local Facilities Management zone using the road segment or
intersection.”
On April 8, 1998, staff sent Request for Qualifications to seven (7) consulting traffic engineering firms to provide services for the 1998 Growth Management Plan Traffic Monitoring Program. A total of three (3) Qualification Statements were returned by interested consultants. A selection
committee of City staff in the Engineering Department met to review the submitted Qualification Statements. Based upon prior experience and other factors, the committee unanimously selected Valley Research & Planning Associates as the most qualified consulting traffic engineering firm to perform the work elements of the 1998 Growth Management Plan Traffic Monitoring Program.
Staff is recommending that the agreement with Valley Research & Planning Associates be approved to permit the consultant to obtain traffic data for the 1998 Growth Management Plan Traffic Monitoring Report. Counts will be obtained in 1998 during the summer months of July and August. Traffic volumes will continue to be monitored through subsequent monitoring programs as each individual development project is approved in Carlsbad.
ENVIRONMENTAL:
This monitoring program is a planning study with no environmental review required and is exempt
under CEQA regulations.
FISCAL IMPACT:
The cost of services under the consultant agreement with Valley Research & Planning Associates is $47,464. Funding for the Growth Management Plan Traftic Monitoring Program (Project Account No. 310-820-I 840-3316) has been included and will be appropriated with the 1998-99 Capital Improvement Program Budget.
EXHIBITS:
1.
2.
Traffic Count Locations.
Resolution No. ?b M I 8 S approving the consultant agreement for the 1998 Growth Management Plan Traffic Monitoring Program.
3. Consultant agreement with Valley Research & Planning Associates.
1 COCATlON MAP
C/r/ OF OCEANSIDE
SAN MARCOS
\ ENCINUAS
LEGEND: --
. INTERSECTION COUNTS
n MID-BLOCK COUNTS
PROJECT NAME: TRAFFIC MONITORING PROGRAM EXHIBIT
1998 GROWTH MANAGEMENT TRAFFIC COUNT LOCATIONS 1
- - G * ‘t-ttys~~ ?
\ ,
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
28
27
28
RESOLUTION NO. 98-185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE CONSULTANT
AGREEMENT FOR THE 1998 GROWTH MANAGEMENT PLAN
TRAFFIC MONITORING PROGRAM.
WHEREAS, the Engineering Department of the City of Carlsbad solicited Request for
Qualifications from consulting traffic engineering firms to perform the traffic monitoring program
of the Growth Management Plan; and
WHEREAS, the firm of Valley Research & Planning Associates was selected as the most
qualified to perform the work; and
WHEREAS, the City Council of the City of Carlsbad hereby finds it necessary, desirable,
and in the public interest to award the consultant agreement to Valley Research & Planning
Associates to provide services for said project; and
WHEREAS, the City of Carlsbad has previously collected Traffic Impact Fees to fund said
project; and
WHEREAS, funding for the Growth Management Plan Traffic Monitoring Program has
been included and will be appropriated with the 1998-99 Capital Improvement Program Budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the consultant fee of $47,464 will be charged to the Growth Management
Plan
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Traffic Monitoring Program (Project Account No. 31 0-820-l 840-33 1 6).
t 4
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
- 4.
3. That the consultant agreement with Valley Research & Planning Associates is
hereby approved and the Mayor and the City Clerk are hereby authorized and directed to
execute said agreement. Following the Mayor’s signature of said agreement, the City Clerk is
further authorized and directed to forward a copy of said agreement and this resolution to
Valley Research & Planning Associates, attention: Georgiena Vivian, Vice President, 9683 Tierra
Grande Street, Suite 205, San Diego, California, 92121-1522.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
(SEAL)
held on the 16 day of June , 1998 by the following vote, to wit:
AYES: c ouncil Members Lewis, Finnila, Nygaard, Hall & Kulchin
NOES: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk I
,
AGREEMENT FOR THE
1998 GROWTH MANAGEMENT PLAN
TRAFFIC MONITORING PROGRAM
THIS AGREEMENT is made and entered into as of the 16 (sixteenth) day of
June , 19x, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City”, and VALLEY RESEARCH & PLANNING
ASSOCIATES, hereinafter referred to as “Contractor.”
RECITALS
City requires the services of a traffic engineering Contractor to provide the
necessary traffic counting, intersection and roadway mid-block capacity calculations
and report writing services for preparation of the 1998 Growth Management Plan
Traffic Monitoring Program; 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 complete the 1998 Growth Management Plan Traffic Monitoring
Program in accordance with the provisions of its proposal to the City of Carlsbad, dated
May 26, 1998 and attached hereto as Exhibit “A”.
rev. 1 O/22/97
2. CITY OBLIGATIONS
The City shall provide all relevant data at its disposal relative to the proposed
study and assist in coordination and obtaining additional data from other agencies to
allow the expeditious completion of the scope of services outlined in Exhibit “A”.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City and be completed within one hundred eighty (180)
days of that date. Extensions of time may be granted if requested by the Contractor
and agreed to in writing by the Public Works Director. The Public Works Director 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 sewices to be performed shall be $47,464. No
other compensation for services will be allowed except those items covered by
supplemental agreements per Paragraph 8, “Changes in Work.” The City reserves the
right to withhold a ten percent (10%) retention until the project has been accepted by
the City. -
Incremental payments, if applicable, should be made as outlined in attached
Exhibit “A.”
rev. 1 O/22/97
-
5. DURATION OF CONTRACT
This agreement shall extend for a period of one hundred eighty (180) days from
date thereof. The contract may be extended by the City Manager for four (4) additional
one (1) year periods or parts thereof, based upon a review of satisfactory performance
and the City’s needs. The parties shall prepare extensions in writing indicating effective
date and length of the extended contract.
8. 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 fourteen (14) days of completion and approval of the draft 1998 Growth
Management Plan Traffic Monitoring Program, the Contractor shall deliver to the City
the following item:
0 Ten (10) final report copies, bound in a three-ring binder of the
1998 Growth Management Plan Traffic Monitoring Program.
0 One (1) original unbound copy of the 1998 Growth Management
Plan Traffic Monitoring Program.
8. CHANGES 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
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
rev. 1 O/22/97
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.
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
rev. 1 O/22/97
h
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the Public Works Director.
The Public Works Director 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.
12. DISPUTES
If a dispute should arise regarding the performance of work under this
agreement, the following procedure shall be used to resolve any question of fact or
interpretation not otherwise settled by agreement between parties. Such questions, if
they become identified as a part of a dispute among persons operating under the
provisions of this contract, shall be reduced to writing by the principal of the Contractor
or the Public works Director. A copy of such documented dispute shall be forwarded to
rev. 1 O/22/97
both parties involved along with recommended methods of resolution which would be of
benefit to both parties. The Public Works Director or principal receiving the letter shall
reply to the letter along with a recommended method of resolution within ten (10) days.
If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining
the dispute shall be forwarded to the City Council for their resolution through the Office
of the City Manager. The City Council may then opt to consider the directed solution to
the problem. In such cases, the action of the City Council shall be binding upon the
parties involved, although nothing in this procedure shall prohibit the parties seeking
remedies available to them at law.
13. 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 not 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 sea., 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
rev. 1 O/22/97
6
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 for the City of Carlsbad to disqualify the Contractor
from the selection process. ’ . (Initial) L4L
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.
13 * l (Initial)
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 his/her employees or subcontractors. The
City shall not be required to pay any workers’ compensation insurance or
unemployment contributions on behalf of the Contractor or his/her 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
rev. 1 O/22/97
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 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 his/her records.
rev. 1 O/22/97
. .
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
City. The Contractor shall bind every subcontractor and every subcontractor of a
rev. 10122197
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
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
rev. 1 O/22/97
10
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
25. CONFLICT OF INTEREST
The Contractor shall file a conflict of interest statement with the City Clerk in
accordance with the requirements of the City’s conflict of interest code incorporating
Fair Political Practices Commission Regulation 18700 as it defines A consultant. The
disclosure category shall be categories A, B, C-l and C-2 (Investment and Real
Property), 0, E, F, H-l and H-3 (Personal Income), H-2 (Business Entity Income),
and G (Business Position).
26. INSURANCE
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’sKey Rating of not less than “A-Y and shall meet the City’s policy for
insurance as stated in Resolution No. 91-403.
rev. 10122197
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 $1,000,000 per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
rev. 1 O/22/97
12
1. The City shall be named as an additional insured on all policies
excluding Workers’ Compensation 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. 1 O/22/97
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 Traffic Engineer
Name Robert T. Johnson, Jr., P.E.
Address 2075 Las Palmas Drive
Carlsbad, CA 92008
For Contractor: Title President
Name Leonard Vivian
Address 9683 Tierra Grande Street, Suite 205
San Dieao. CA 92126
Architect/License Number:
Architect/License Number:
2%. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, e.mbody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
14
rev. 10122197
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.
Executed by Contractor this 1 s4 dayof r- ,19cf@.
CONTRACTOR:
VALLEY RESEARCH 81 PLANNING
Leonard Vivian, President
(print name/title) ATTEST:
By: (sign here)
(print name/title) City Clerk
(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 City Attorney
rev. 1 O/22/97
15
CALIEORNIA
ALL-PURPOSE
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF
On & /-qF before me , ’ DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC”
personally appeared, h@wwt
m (or proved to me on the basis of satisfactory evidence) to be the personCsf . . . . . . . . . ._. . . . . . . . . . ~. . whOSe name(o) is/we Subscribed to the bWhin InStrUtIIent and aCKnOWledged to me that he&bfW
they executed the same in his/huthorized capacity(&sj, and that by his/m
signaturewon the instrument the person(a), or the entity upon behalf of which the person#acted,
executed the instrument.
Comm. %1143361
NOTARY PUBLIC SIGNATURE
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE
* Jun-04-98 09:OZA Valley Resrch Plng Assoc 2092711269
9
PARTNERSHIP AGREEMENT
BATE: MARCH 29, 1993
PARTIES: Leonard Vivian
Georgfena IN. IViVian
RECSTALS: --
1. The parties have been associated together in general
partnership since December, 1992, and are all of the partners of
such general partnership.
2. The parties have been conducting the business of such
general partnership pursuant to an oral agreement.
3. The parties desire to reduce their oral agreement to
writing.
BOREEMENt:
By this Partnership Agreement the parties confirm their
prior oral agreement that they are associated together in general
partnership pursuant to the Uniform Partnership Act of the State of
California-and that their relationship as partners is as follows:
1. The parties have been associated together in general
partnership since December, 1992, and are all of the partners of
such general partnership.
P-02
1
. .lun-04-98 09:OZA Valley Resrch Ping Assoc 2092711269
.
AGREEWENT:
By this Partnership Agreement the parties are associated
together in general partnership pursuant to the Uniform Partnership
Act of the State of California and agree that their relationship as
partners shall be as follows:
ARTICLE I
NAME AND PLACB OF BUSINESS .-,,..-r
The partnership shall transact business under the firm
name of Valley Research and Planning Associates and shall have its
principal office at 4068 West Menlo, Fresno, California 93722.
ARTICLE II B _C.
PARTNERSHIP BUSINESS --
The partnership shall engage in the business of
Transportation Planning and Traffic Engineering/Modeling and such
other business as the partners from time to time shall mutually
determine.
ARTICLE III
TERM
The partnership shall have no Fixed term and shall
continue until terminated in accordance with this Agreement.
P-03
2
Jun-04-98 09:OZA Valley Resrch Plng Assoc 2092711269 -' I 7
P-04
ARTICLE I_V
-L
The capital of the partnership is set forth in the
existing books and records of the partnership.
The capital is owned by the partners as follows:
First Party: Leonard Vivian
Second Party: Georgiena M. Vivian
ARTICLE V -.-
PROFITS OR LOSS_85 --. -
A. The net profits or net losses of the partnership
shall be credited or charged to the partners in the following
ratios:
First Party: 5..% thereof; and
Second Party: 4999 thereof.
B. The net profit or net loss of the partnership shall
be determined in accordance With generally accepted accounting
principles as soon as practicable after the close of the accounting
year. There shall bc included in the determination of the net
profit or net loss gain or loss on the sale of capital assets. The
amount of any compensation for services paid to either partner
pursuant to this Agreement pursuant to any collateral agreement
shall be considered a deductible expense in determining net profit
or net loss of the partnership.
c. Upon the written request of either partner, tha books
of account of the partnership shall be audited at the expense of -
3
Jun-04-98 09:OZA Valley Resrch Plng Assoc 2092711269
the partnership after the close of any annual accounting period to
which such request relates, and financial statements of the
' business of the partnership for such accounting period shall be
prepared and delivered to each of the partners.
ARTICLE VI
MANAGEMENT. SERVICES AND COI'IPENIATION
A. Each partner shall provide input into in the
management of the partnership, and each partner shall use his or
her best efforts to the end that the business of the partnership
shall be conducted in the most efficient manner practicable.
Leonard Vivian shall have final authority on management actions.
-YIx
MANAGEMENT, SERVICES AND COMPENSA'L'IO~
A. Leonard Vivian shall act as general manager in charge
of the partnership business, and each partner shall use his or her
best efforts to the end that the business of the partnership shall
be conducted in the most efficient manner practicable.
B. The partners shall continue to perform their existing
duties and services on behalf of the partnership and such other
duties and services as the partners may from time to time mutually
determine. ,
C. Until mutual agreement of the partners to. the
contrary no partner shall receive a salary.
P-05
Jun-04-98 09:03A Valley Resrch Plng Assoc 2092711269
D. Leonard Vivian shall act as Tax Matters Partner of
the partnership for purposes of Section 6231 of the Internal
Revenue Code of 1954, as amended from time to time.
, gR0
BAWK IgCCOtJWT
The partnership funds shall be kept on deposit under the
partnership name in the Educational Employees Credit Union (EECU),
or in such other bank of banks as the partners shall mutually
determine. Funds kept on deposit shall be disbursed upon checks
signed by either one of the partners, or by such other person or
persons as the partners shall mutually determine. Until the
partners shall otherwise mutually agree, funds kept on deposit
shall be disbursed upon checks signed by any two (2) of the
following named persons: Leonard Vivian, Georgiena M. Vivian
m
INTERE3T OF EACH PARTNER IN THE PARTNERSBIP: DISSOLUTTOW AND WINDJNG UP
A. In the absence of any agreement between the partners
to the contrary, and subject to the articles below, in the event of
the dissolution of the partnership the partnership assets shall be
applied in the following order:
P-06
1. debts of the partnership, other than to
partners;
Jun-04-98 09:03A Valley Resrch Plng Assoc 2092711269
2. amounts owed to partners, including unpaid
salaries and the credit balances in their respective Drawing
Accounts;
3. the capital contributions of the partners
as refloctod in their respective Capital Accounts.
B. Any gain or loss on disposition of partnership
properties in the process of liquidation shall be credited or
charged to the partners in the proportion of their interest in
profit or loss. Any property distributed in kind in the
liquidation shall be valued and treated as though the property were
sold and the cash proceeds were distributed. The difference.
between the value of property distributed in kind and its book
value shall be treated (for partnership purposes but not for income
tax purposes) as a gain or loss on sale of the property and shall
be credited or charged to the partners in the proportion of their
interests in profits and losses.
C. Should either partner have a debit balance in his or
her Drawing Account or his or her Capital Account, whether by
reason of -losses in liquidating partnership assets or otherwise,
said debit balance shall represent a liability from him or her to
the partnership, which liability is to be paid in cash within
thirty (30) days after written demand by the other partner.
P-07 .-
I .Jun-04-98 09:03A Valley Resrch Plng Assoc 2092711269
ARTICLE X -- .-.s-
WITHDRAWAL OF A PARTNER
Either partner desiring to withdraw from the partnership
or cause the voluntary dissolution of the partnership shall give
written notice to the other partner of his or her intention to
withdraw from the partnership or cause a voluntary dissolution of
the partner ship not less than three (3) .months prior to the date
of such intended withdrawal or dissolution. The written notice
shall specify the date of intended withdrawal or dissolution and
such date of intended withdrawal or dissolution, except by mutual
consent of both partners, may not be other than December 31st of
any year.
P-08
Jun-04-98 09:03A Valley Resrch Plng Assoc 2092711269 P-09
.
ARTICLE XI
PEATH OF A PARTNER
A. In the event a partner dies, the deceased partner's
partnership interest may be purchased by the surviving partner
pursuant to a buy and sell agreement between the partners, if such
an agreement is made, or pursuant to an agrccmcnt between the
surviving partner and the estate or successors of the dcccased
partner, if such an agreement is made.
B. In the event that a partnsr dies and such partner's
partnership interest is not thereupon purchased by the surviving
partner, the doccascd partner's personal reprasentative and the
surviving partner may mutually agree to continue the partnership.
In such event the partnership shall not be dissolved by the death
of such partner and the partnership shall continue with the estate
of the deceased partner, the trustee of any testamentary trust
created under such deceased partner's Will, and the deceased
partner's surviving spouse, as to such spouse's community property
interest in such partnership interest (if any), as their interests
appear, as-partners in place of the deceased partner.
C. In the event that a partner dies and such partner's
partnership interest is not thereupon purchased by the surviving
partner, and in such event if the surviving partner and the
deceased partner's personal representative, assignee or
distributee, as the case may be, do not agree to continue the
partnership, then the partnership shall not terminate upon such -
a
. Jun-04-98 09:03A Valley Resrch Plng Assoc 2092711269 P.10
death but shall continue for the period from the date of death
until, and shall terminate upon, the first to occur. of the
following two dates:
1. the date which is the close of the first
full partnership accounting year following the year in which
such death occurs;
2. the date of the termination of the deceased
partner's partnership interest as a result of a mutual
agreement between the deceased partner's personal
representative and the surviving partner.
During such period the surviving partner shall have exclusive
possession of the partnership assets and shall continue to operate
the business as a going concern free and clear of any control by
the deceased partner's personal representative and, after deduction
of reasonable salaries or allowances for the services performed for
and on behalf of the partnership by the surviving partner or those
acting on his or her behalf, all net income and losses shall be
divided between the surviving partner and the estate of the
deceased partner in the same proportions specified in the article
above entitled "Profits or Losses." The surviving partner shall in
no event be liable for any lo sses in excess of the proportions of
the partnership losses agreed by him or her to be borne under this
Partnership Agreement. The surviving partner shall render a full
and true account to the deceased partner's personal representative
setting forth in sufficient detail the assets and liabilities of
9
Jun-04-98 09:04A Valley Resrch Plng Assoc 2092711269 P-11
the business as at the date of death of the deceased partner. The
surviving partner shall, in addition, render from time to time upon
request to such representative a monthly account of the operations
of the business. The books, records and accounts of the
partnership during such period shall be kept by the surviving
partner at the place of business and may at all reasonable times be
inspected and copies thereof made by such representative.
ARTICLE XIT
RESTRICTION3 ON POWER
m AUTHORITY OF THE PARTNERS
No partner, without written consent of the other partner,
shall:
1. do any act which would make it itipossible to
carry on in a reasonable efficient manner the ordinary
business of the partnership;
2. possess partnership property, or assign his or
her rights in any property of the partnership for other than
partnership purposes;
3. admit any person as a partner;
4. confess a judgament against the partnership;
5. sell his or her interest in the partnership or
borrow money on the security of his or her interest in the
partnership or suffer his or her interest in the partnership
to be charged for his or her separate debts (any such
attempted sale, transfer or assignment of a partner's
10
’ Jun-04-98 09:04A Valley Resrch Plng Assoc 2092711269 -
partnership interest shall be void); or
6. do any other act in contravention of this
Agreement of the laws of the State of California applicable to
this partnership.
~~T'ICLE XIII
_EFE -FFAPPECTING BASIS ---
In the event of the death of either partner or of the
death of a spouse of either partner at a time when the partnership
shall not have already made the election provided in Section 754 of
the Internal Revenue Code, as amended, to adjust the basis of the
partnership property, the estate of such deceased partner or the
estate of such partner's deceased spouse, as the case may be, shall
be entitled to determine whether the partnership shall make such
election and the remaining partner shall abide by such
determination. In the event that such election is made by the
partnership, all partnership net income or net losses and all
components thereof and items with respect thereto, shall
nevertheless be computed a E between the partners in the same manner
as though said election had not been made and such election shall
be effective only for tax purposes as permitted by the Internal
Revonue Code, as amended, with respect to the interest as to which
such adjustment are to be made under such election and all
computations affected by such election shall be made only for tax
11
P-12
. Jun-04-98 09:04A Valley Resrch Plng Assoc 2092711269
purposes as permitted with respect to the share of each item of
partnership income and expense to which it relates.
P. 13
12
Jun-04-98 09:04A Valley Resrch Plng Assoc 2092711269
-
ARTfCtEXIV .-
AGREEl4ENT BINDING ON HEIRS, EXECUTORS ANQ ASSIGNS
This Agreement shall be binding upon and
the benefit OC the heirs, executors, administrators,
assigns of the parties.
IN WITNESS WHEREOF, t parties have
Agreement on the day and year fir t above wrktten.
shall inure to
successors and
executed this
P-14
13
-
AND PLANNING
ASSOCIATES
Transportation Phnhg l Traffic Engineering
lntelligcnt Transportation Systems l Etwirontnental Analysis l Air Quality Planning
May 26,1998
John Kim, Associate Engineer
City of Carlsbad Engineering Department
2075 Las Palmas Drive
Carlsbad, CA 92009
Re: 1998 Growth Management Plan Traffic Monitoring Program
Dear Mr. Kim:
Valley Research and Planning Associates (VRPA) has developed a scope of services and cost
estimate to complete the 1998 Growth Management Plan Traffic Monitoring Program. This
letter includes a summary of the scope of services and cost estimate, followed by more detailed
sections which describe the proposed staffing and a more detailed discussion of the scope of
work. Attachments are included which provide additional detail on certain a&e&s of the work.
SUMMARY
. VRPA will conduct a total of 49 intersection counts.’ The list of intersections is attached
to this letter as Exhibit 1. VRPA will conduct a total of 26 mid-block counts. The list of
mid-block count locations is attached as Exhibit 2.
. VRPA will analyze nine intersections usi,ng Highwsy Capacity Manual methodology in
addition to ICU methodology, This analysis will require field data collection by VRPA.
It will also be necessary for the City to provide VRPA with existing signal timing for
these intersections. The list of intersections to be analyzed using HCM methodology is
shown in Exhibit 1.’
. The turning movement diagrams produced for the Annual Report will be designed to
replicate the diagrams produced by TransCore in previous years. This is included in the
proposed cost.
. There will be a section or chapter of the Annual Report devoted to closely-spaced
intersections where peak hour queues from one intersection back up into adjacent
intersections. This part of the Annual Report will document the problem and describe
how levels of service are reported in such situations. No additional capacity calculations’
will be conducted for these situations. This is included in the proposed cost.
EXHIBIT “A”
.Southem California: 9683 lkra Grade Street l Suite 205 l San Diego, CA 92126 l 619-566-1766 l FAX 619-566-0243 l e-mail~asd@aol.com
-
Mr. John Kim
May 26,1998
Page Two
. VRPA will follow the performance criteria for traffic counts, link counts, turning
movement counts, traffic count reports, and the Annual Report which are specified in the
RPP. These performance criteria are listed in Exhibit 3.
. VRPA proposes to conduct the 1998 Growth Management Plan Traffic Monitoring
Program for a lump sum fee of $47,464.00. Invoices will be sent monthly, based on the
percentage of each task which has been completed. The fee was determined as indicated
in the fee determination table attached as Exhibit 4.
STAFFING
Ms. Georgiena Vivian will be the Responsible Officer and will assume management
responsibility for the successful completion of the project. Mr. Erik Ruehr will be project
manager and will be the day-to-day coordinator of project activities and the principal point of
contact with City staff. Mr. Ruehr will be assisted by members of VRPA’s San Diego office,
including Mr. Richard Chin, Mr. Jose Nunez, Mr. Jeffrey Stine, and Mr. Eric Horowitz. Other
VRPA staff members will assist as necessary.
SCOPE OF WORK
VRPA will attend a project orientation with the City ofCarlsbad to initiate the project. The
proposed date for this meeting is July 1. A schedule for the traffic counts will be submitted to
the City for approval at this meeting.
An overall project schedule will be prepared by VRPA and submitted to the City for review at
the orientation meeting,
A schedule for the traffic counts will be submitted to the City for approval at the orientation
meeting. Preliminary schedules have been prepared as part of this proposal effort and are
included in the following chapter.
EXHIBIT "A"
Mr. John Kim
May 26,1998
Page Three
Task 4 - InterseAon and Mid-Block Count Data Collection
This task includes the collection of 49 intersection counts and 26 mid-block locations requested
by the City of Carlsbad. These locations are specified in Exhibits 1 and 2.
VRPA has carefully’reviewed the performance criteria for traffic counts included in the RFP and
our proposal is to meet the criteria, as stated, with no exceptions or modifications. These
performance criteria are shown in Exhibit 3.
Safety is of the utmost importance in the collection of traffic count data. VRPA will follow the
safety procedures developed during previous data collection projects, modified as necessary to
meet any special requirements of the City of Carlsbad. Safety procedures include the following:
. All personnel working in roadway areas will wear orange vests.
. Machine counts will be laid out and picked up by a minimum of two people.
. Machine counts will be laid out and picked up at off-peak times to minimize conflicting
traffic.
Mid-block counts will be faxed to City staffeach week during the data collection. Any problems
or questions with the counts will be discussed between the City and VRPA. Recounts will be
conducted as necessary.
. Task 5 - Perform Level of Service Calcu lationg
For each intersection and for each mid-block count, VRPA will perform level of service
calculations. The calculations will ,be as specified by the City of Carlsbad.
Mid-block capacity will be determined based on a one-direction maximum capacity of 1,800
vehicles per lane, per hour, in the peak period.
Signalized intersection capacity analysis will be performed using the Intersection Capacity
Utilization (ICU) method and by the Highway Capacitv Manua,l method for selected
intersections, as specified by the City. The intersection list also includes a two-way stop
unsignalized intersection and an all-way stop unsignalized intersection. At the two-way stop
intersection, delay will be measured directly and at the all-way stop intersection, delay will be
calculated using the methods of the &hwav Cauacitv Man& . The 1994 Q&way C pac’ty
A new version of the manual is exiecttd to Manual has been used in previous Annual Reports.
be published in 1998 and this version will be used at the option of the City.
EXHIBIT “A”
Mr. John Kim
May 26,1998
Page Four
One copy of the Draft Final Report will be submitted to the City for review and comment by
September 2 1, 1998. The report wili be prepared to be consistent with previous Annual Reports
for the Growth Management Plan Traffic Monitoring Program and using the performance criteria
for Annual Report shown in Exhibit 3.
Along with the Draft Final Report, VRPA will provide the City of Carlsbad with a copy of the
firm’s traffic count data manager software and a database of all counts conducted for the 1998
Growth Management Plan Traffic Monitoring Program The trafXic count manager program will
provide computer&d access to all of the counts with searching, sorting, and calculation
capabilities. The traffic count manager has been used by VRPA to manage and report data
collected from SMART roadside call boxes in Riverside and San Bernardino Counties. The
traffic count manager currently is operational for mid-block counts and VRPA is in the process
of upgrading the software for intersections counts. Because the program can be supplied at no
cost and the data can be transferred electronically, there will be no cost to the City to supply the
program and database as part of the pro&t.
. Task 7 - Final I&g&
Following City review of the Dr& Final Report, VRPA will meet with City staff to discuss the
comments. Ten (10) bound and 1 (one) unbound copy of the Final report will be submitted to the
City within 30 days following the receipt of comments form the City.
Thank you for the opportunity to submit this proposal. If you have any questions,. please contact
me at (619) 566-1766.
Sincerely,
VALLEY RESEARCH AND PLANNING ASSOCIATES.
Erik 0. Ruehr, P.E.
Director of Traffic Engineering
EXHIBIT "A"
EXHIBIT 1
REQUESTED INTERSECTION COUNT LOCATIONS IN 1998
*1. l 2. *3. 4.
65:
.;-
9:
*; y
12: l ;;* l 15:
Z:
ii:
;::
Z:
$2
9 28: 29.
E 32:
ii:
ii:
z- 39:
47:
1:. l 44: l 45.
4;:
4498:
El Camino Real and Plaza Drive El Camino Real and Marron Road El Camino Real and Hasp Way El Camino Real and Carlsbad Village Drive El Camino Real and Tamarack Avenue El Camino Real and College Boulevard El Camino Real and Faraday Avenue El Camino Real and Palomar Airport Road El Camino Real and Camino Vida Roble El Camino Real and Alga Road/Aviara Parkway El Camino Real and La Costa Avenue El Camino Real and Levante Street Palomar Airport Road and Avenida Encinas Palomar Airport Road and Paseo Del Norte Palomar Airport Road and Armada Drive/Costco entrance Palomar Airport Road and College Boulevard Palomar Airport Road and Camino Vida Roble Palomar Airport Road and El Fuerte Street Carlsbad Boulevard and Carlsbad Village Drive Carlsbad Boulevard and Tamarack Avenue Carlsbad Boulevard and Cannon Road Carlsbad Boulevard and Poinsettia Lane Ranch0 Santa Fe Road and Melrose Drive Ranch0 Santa Fe Road and La Costa Meadows Drive Ranch0 Santa Fe Road and Questhaven Road Ranch0 Santa Fe Road and La Costa Avenue Ranch0 Santa Fe Road and Olivenhain Road/Camino Alvaro Carlsbad Village Drive and State Street Carlsbad Village Drive and Roosevelt Street Carlsbad Village Drive and Madison Street Carlsbad Village Drive and Jefferson Street Catlsbad Village Drive and Harding Street Poinsettia Lane and Batiquitos Drive Poinsettia Lane and Paseo Del Notte Poinsettia Lane and Avenida En&as Tamarack Avenue and Cartsbad Village Drive
Aviara Parkway and Manzanita Street
Alga Road and El Fuerte Street Monroe Street and Marron Road I-5Karlsbad Village Drive Southbound Ramp IdKarlsbad Village Drive Northbound Ramp I-9Tamarack Avenue Southbound Ramp Ibflamarack Avenue Northbound Ramp I-5/Palomar Airport Road Southbound Ramp I-5/Palomar Airport Road Northbound Ramp I-5/Poinsettia Lane Southbound Ramp I-5/Poinsettia Lane Northbound Ramp I-5/La Costa Avenue Southbound Ramp I-5/La Costa Avenue Northbound Ramp
l lCU and HCM analysis methods to be used at these intersections.
EXHIBIT “A”
1. 2. 3. 4.
ii:
;:
9.
10.
11. 12. 13. 14. 15.
:;:
18. 19.
;t
22: 23. 24. 25. 26.
EXHIBIT 2
REQUESTED MID-BLOCK COUNT LOCATIONS IN 1998
Palomar Airport Road between Paseo Del Norte and Armada Drive Palomar Airport Road between Yarrow Drive and El Camino Real Palomar Airport Road between El Camino Real and El Fuerte Street Palomar Airport Road east of Melrose Drive El Camino Real between Marron Road and Plaza Drive
El Camino Real between Kelly Drive and Tamarack Avenue
El Camino Real between Faraday Avenue and Palomar Airport Road El Camino Real between Camino Vida Roble and Alga Road El Camino Real between Alga Road and La Costa Avenue
El Camino Real between La Costa Avenue and Levante Street
El Camino Real between Levante Street and Olivenhain Road Carlsbad Boulevard between Mountain View Drive and State Street Carlsbad Boulevard between Cannon Road and Cerezo Drive Carlsbad Boulevard between Poinsettia Lane and Palomar Airport Road Carlsbad Boulevard between La Costa Avenue and Poinsettia Lane La Costa Avenue between Cadencia Street and Romeria Street
Ranch0 Santa Fe Road between Melrose Drive and La Costa Meadows Drive
Ranch0 Santa Fe Road between Questhaven Road and Cadencia Street Ranch0 Santa Fe Road between Olivenhain Road and Avenida La Posta
Carlsbad Village Drive between Victoria Avenue and Pontiac Drive
Poinsettia Lane between Paseo Del Norte and Batiquitos Drive
Tamarack Avenue between El Camino Real and Portalada Drive Paseo Del Norte between Camino Del Parque (north) and Palomar Airport Road Paseo Del Norte between Palomar Airport Road and Car Country Drive College Boulevard between Palomar Airport Road and Aston Avenue Alga Road between El Camino Real and El Fuetie Street
EXHIBIT "A"
h
EXHIBIT 3
III. PERFORMANCE CRITERIA FOR TRAFFIC COUNTS
A. General Performance Criteria for All Counts
1. Solid-state traffic counters (or approved equal) shall be placed in such a manner
as to provide the most accurate and reliable indication of the true volume of traffic as practical. Placement shall include, but not be limited to, setting the counters as far as possible from public street intersections, private driveways on
other locations where traffic could cross the counter hose(s) other than at right
angles.
2. All traffic counts shall be obtained for a consecutive 48-hour period Tuesday through Thursday, only. Counts shall be obtained on non-holidays and only during non-adverse weather conditions and shall consist of a complete and continuous 48-hour period (with 15 minute intervals). No interruptions in time during the 48-hour period will be permitted. The schedule for counts must be approved by the City of Carlsbad.
3. City staff will review the master schedule submitted for dates and locations of traffic counts on a weekly basis. In the event that counts scheduled for the following week will be adversely affected by such events as construction or detours, or result in unusable data for any reason, the Consultant will be contacted and the scheduled count postponed. A different count location will
then be substituted for the affected week and arrangements made to obtain the
postponed count at a later date.
4. A review of all data collected will be performed by the City staff. If, in the opinion of the Traffic Engineer, invalid, inconsistent or unusable traffic data has been submitted, the Consultant will be required to recount the intersection or link at no additional cost to the City.
5. All traffic lanes on a particular link of a multi-lane roadway shall be counted
simultaneously; one counter for each direction of travel.
6. All traffic counts shall be obtained in July or August.
B. Performance Criteria for Link Counts
1. All link count locations for one particular roadway shall be counted simultaneously.
2. Traffic wunters for vehicles traveling in opposite directions shall be placed in the same general vicinity of each other for the roadway link count location.
C. Performance Criteria for Turning Movement Counts
1. Due to heavy entering volumes, two persons minimum are required at the intersection. Some locations will require three individuals to perform the counts.
2. Intersections shall be counted from 6:00 a.m. to 9:00 a.m. and again from
3:30 p.m. to 6:30 p.m. on the same day. The 60-minute “peak” for the a.m. and p.m. time period will be determined from these counts to be used in the level of service calculation.
EXHIBIT “A”
EXHIBIT 3
3. Turning movement counts shall be collected at 15 minute intervals for each three-hour period and shall consist of the left-turn volume, through movement volume and the right-turn volume for each leg of the intersection during the time period under study. The number of pedestrians crossing each leg of the intersection shall be recorded in addition to any unusual events that may have occurred at the intersection during the time that counts were obtained. The number of U-turns occurring shall also be tabulated. Bicycles shall be counted
as vehicles.
4. In the event the intersection count data is flawed for any reason, it shall be recounted at no additional cost to the City. Intersections requiring recount shall
be immediately brought to the attention of staff.
IV. PERFORMANCE CRITERIA FOR WEEKLY TRAFFIC COUNT REPORTS
1. Mid-block counts obtained shall be faxed to staff each week during the data collection period. Staff will review the counts and discuss with the engineer any wncerns or unusual volumes indicated to determine if a recount is necessary.
V. PERFORMANCE CRITERIA FOR ANNUAL REPORT
1. An annual report shall be prepared and signed by a Registered Traffic Engineer in the State of California and submitted to the City of Carlsbad within thirty (30) days of receiving comments on the draft report. The title page of each report shall be signed and sealed by the Registered Traffic Engineer. Each report shall have an original seal and signature.
2. Reports shall be submitted in a standard 3-ring notebook type binder on 8-l/2” x 11” paper pm-punched and inserted in the binder. No data shall have been either partially or totally obscured, removed or eradicated as a result of the
paper having been hole punched.
3. The report cover shall have presentation quality wlor graphics and incorporate the following title: Growth Management Plan
City of Carlsbad, California
1998 Traffic Monitoring Program
The spine of the report shall have matching title and graphics.
4. The report shall provide all intersection and link calculations for capacities and
levels of service based upon traffic counts obtained at designated locations in accordance with criteria attached as Exhibit 3. Data for each intersection and mid-block count shall be tabbed and numbered to correspond to the intersection and mid-block location map.
5. For mid-block locations, volumes obtained shall be indicated for each day by 15-minute intervals, hourly total, and daily totals by direction. The percent split, peak hour, peak hour volume, and peak hour factor shall also be indicated.
A 24-hour bar chart plot of the hourly volume for each day shall be provided. An
ADT trend analysis shall be provided for each mid-block location having prior data. Data obtained in the past will be provided to the selected consultant.
EXHIBIT "A"
h
EXHIBIT 3
6. The report shall include a report summary of all findings, including table and graphic summaries of roadway segment levels of service and intersection levels of service. The graphic summaries shall incorporate wlor to distinguish different levels of service. The report summary shall identify all roadway segments and
intersection locations which are found to be operationally deficient (LOS D or worse) and discuss the potential causes and any possible mitigation measures.
7. Technical comments, calculations, data and analyses shall be logically arranged for intersection calculations and link calculations and be provided in separate, tabulated sections of the report. Provide information and data in an Appendix, as appropriate. All calculations and data must be provided to support the analyses and conclusions reached in the report.
8.
9.
A Table of Contents shall be provided.
A title page shall be included in the front of each binder indicating the year that the annual report represents and signed by the Registered Traffic Engineer.
10. Ten (10) bound copies and one (1) unbound original copy of the final approved Annual Report shall be submitted.
EXHIBIT "A"
I
I
i : e
, i 4
! T 1 i
1
d I
11 3
I
s 5 i
c 1 i
i
z
9 5 5
Lli
.
EXHIBIT “A”
June 13,9998
Valley Research & Planning Associates
Georgiena Vivian, Vice President
9683 Tierra Grande Street, Suite 205
San Diego, CA 921.21-1522
RE: 1998 GROWTH MANAGEMENT PLAN TRAFFIC MONITORING PROGRAM
Enclosed for your reference are copies of Council Agenda Bill 14,721 and Resolution
No. 98-185 which were approved by the Carlsbad City Council on June 16,1998.
Also enclosed is an original and fully executed consultant agreement with your
company.
If you have questions regarding the scope of your work under this contract please
contact John T. Kim, Engineering Department, at (760) 438-l 161 extension 4500.
In accordance with Section 25 of the agreement, you are required to file a Conflict of
Interest Statement with the City Clerk of the City of Carlsbad. Anyone in the company
who is working on this City project must file Form 700, Statement of Economic Interests, and must report all Disclosure Categories which included 1,2,3, and 4.
Your CornDIeted Assumina Office Statement is due in the Citv Clerk’s Office no
later than ZOO Dm. on July 16.1998.
If you have any questions about the Form 700 please call Sherrie Worrell, Deputy City
Clerk, at (760) 434-2808.
.;y>/ .,-g -74 3 -._ &,C. -~&L-L-- -.t- -D -_,. b LL’ L ‘y I --$F’: :. pi jcz
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad. California 92008-1989 - (760) 434-2808