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HomeMy WebLinkAbout2002-06-11; City Council; 16785; 2002 GMP Traffic Monitoring ProgramCITY OF CARLSBAD -AGENDA BILL / TITLE: D&T. HD.' >fl T5 2002 GROWTH MANAGEMENT PLAN TRAFFIC MONITORING PROGRAM AND CITY ATTY. APPROPRIATION OF FUNDS CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2002-171 approving the consultant agreement for the 2002 Growth Management Plan Traffic Monitoring Program and appropriation of funds. 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 March 4, 2002, staff sent Request for Qualifications to seven (7) consulting traffic engineering firms to provide services for the 2002 Growth Management Plan Traffic Monitoring Program. A total of two (2) Statements of Qualification were returned by interested consultants. A selection committee of City staff in the Engineering Department met to review the submitted Statements of Qualification. Based upon prior experience and other factors, the committee unanimously recommends Rick Engineering Company as the most qualified consulting traffic engineering firm to perform the work elements of the 2002 Growth Management Plan Traffic Monitoring Program. the consultant to obtain traffic data for the 2002 Growth Management Plan Traffic Monitoring Report. Staff is recommending that the agreement with Rick Engineering Company be approved to permit Traffic counts will be obtained in 2002 during the summer months of July and August. Traffic volumes will continue to be monitored through subsequent monitoring programs. Based on the terms of the agreement, the City Manager may authorize four (4) one-year extensions based upon a review of the Contractor's performance. 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 recommended 14-month consultant agreement with Rick Engineering Company is $61,415. This is a Traffic Impact Fee program and staff is requesting an appropriation of $65,000 for the cost of these services. EXHIBITS: 1. Resolution No. 2002-171 approving the consultant agreement for the 2002 Growth Management Plan Traffic Monitoring Program and appropriation of funds. 2. Consultant agreement with Rick Engineering Company 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 20 RESOLUTION NO. 2002-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE CONSULTANT TRAFFIC MONITORING PROGRAM. AGREEMENT FOR.THE 2002 GROWTH MANAGEMENT PLAN WHEREAS, the Engineering Department of the City of Carlsbad solicited Request for 2ualifications from consulting traffic engineering firms to perform the traffic monitoring program of he Growth Management Plan; and WHEREAS, the Engineering Department of the City of Carlsbad recommends the firm of tick Engineering Company as the most qualified to perform the work; and WHEREAS, the City Council of the City of Carlsbad hereby finds it necessary, desirable, Ind in the public interest to award the consultant agreement to Rick Engineering Company to lrovide services for said project; and WHEREAS, the City of Carlsbad has previously collected Traffic Impact Fees to fund said lroject; and WHEREAS, funding for the Growth Management Plan Traffic Monitoring Program has leen included and will be appropriated with the 2002-03 Capital Improvement Program Budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, ialifornia. as follows: 1. That the above recitations are true and correct. 2. That the Finance Director is authorized to appropriate $65,000 from the Traffic npact Fee account for the 2002 Growth Management Plan Traffic Monitoring Program. 7 7 'I 7 7 I 'I 7 I 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16. 17 18 19 20 21 22 23 24 25 26 21 28 3. That the consultant agreement with Rick Engineering Company is hereby approved and the City Manager is hereby authorized and directed to execute said agreement. 4. That based upon the terms of the Agreement, the City Manager is authorized to extend the agreement for four (4) additional one-year periods in an amount not-to-exceed $70,000 per year. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the day of JUNE , 2002 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None n I I ATTEST: LOxfWfdE M. WOOD, City Clerk 3 AGREEMENT FOR ENGINEERING SERVICES 2002 TRAFFIC MONITORING PROGRAM RICK ENGINEERING COMPANY THIS AGREEMENT is made and entered into as of the l3d 20&, by and between the CITY OF CARLSBAD, a municipal day of RICK ENGINEERING ,COMPANY, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of an engineering Contractor that is B. Contractor has the necessary experience in providing professional C. Selection of Contractor is expected to achieve the desired results in an D. Contractor has submitted a proposal to City and has affirmed its experienced in traffic engineering. services and advice related to traffic engineering. expedited fashion. 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 Deriod of fourteen (14) months from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof in an amount not to exceed seventy thousand dollars ($70,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 1 City Attorney Approved Version #04.01.02 5. COMPENSATION The total fee oavable for the Services to be Derformed during the initial Agreement term ~~~ will be sixty one thousand four hundred fifteen dolh ($61,415). 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". 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 agees 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. City Attorney Appmved Version ~Y04.01.02 2 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 in whole or in part 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. 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. IO. 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. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coveraaes 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. 3 City Attorney Approved Version #04.01.02 10.1.3 Workers' ComDensation and EmDlover's Liabilitv. 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 Liabilitv. 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: 10.2.1 The City will be named as an additional insured on General 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability. 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 Providina 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 Coveraae. 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. 4 City Attorney Approved Version W.01.02 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. 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 Citv: For Contractor: Title DeDutv Citv Enqineer. TransD. Name Jerrv Van Ert Department Enaineerina Title Vice President City of Carlsbad Address 5260 Friars Road Address 1635 Faradav Avenue San Dieao. CA 921 10 Carlsbad. CA 92008 Phone No. (619) 291-0707 Phone No. (760) 602-2752 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. 5 City Attorney Approved Version #04.01.02 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 Contractofs 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. 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 disoute should arise reaardina the Derformance of the Services the followina I ., - 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 (IO) 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 6 City Attorney Approved Version #04.01.02 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. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to Citv must be asserted as Dart of the Agreement process as set forth in this Agreement ani 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 piosecution. Contractor acknowledges that California Government Code sections 12650 etsea., 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. 7 City Attorney Approved Version iW4.01.02 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 bv it. alona with the purchase order for this Agreement and its provisions, embody the &tire Agreement and understanding betweenthe 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. Ill Ill Ill Ill Ill Ill Ill Ill 111 a City Attorney Approved Version W4.01.02 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 bindcontractor to the terms and conditions of this Agreement: CONTRACTOR CITY OF CARLSBAD, a municipal RICK ENGINEERING COMPANY, a California corporation "By: \ ' (sigd here) Jerrv Van ErWice President corporation of the State of California q'."-+ IC& Et ATTEST: (print namehitle) "By: : , ./ / /' i/ ' J~.. '+< (sign here) Robert LeaerEecretary (mint namekitle) If requiied 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 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: //Deputy City Attorney 9 City Attorney Approved Version W4.01.02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT &&onally known to me - OR -0 proved to me on the basis of satisfactory evidence to be the pem(s) and acknowledged to me that he/she/they executed the whose name(s) Ware subscribed to the within instrument same in hislherltheir authorized capacity(ies), and that by hislherltheir signatrire(s) on the instrument the pemn(s). or the entity upon behalf of which the penon(s) acted, executed the instrument. Though Um intomtion below is not resuired by law. it haudumi mv8l and reemdnmni of !his Iwm 10 ano!her dmnnent Description of Attached Document Tde or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer@) 0 Individual 0 Corporate Officer 0 Partner - 0 Limited 0 General Title(s): 0 Altomey-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: pi% I I Signer Is Representing: Ll Signets Name: 0 Individual 0 Corporate Officer Tlle(s): 0 Partner - 0 Limited 0 General [7 Attomev-in-Fact 0 Tnrstee' 0 Guardian or Conservator 0 Other: I I Signer Is Representing I I I EXHIBIT “A SCOPE OF WORK AND FEE FOR THE 2002 GROWTH MANAGEMENT PLAN TRAFFIC MONITORING PROGRAM Rick Engineering Company is pleased to submit this scope of work for traffic engineering services for the above referenced project. This scope was prepared based on your revised intersection and mid-block locations list and request for cost proposal dated April 29,2002. The following provides a description of the services to be provided. Scow of Work Task 1 - Proiect Orientation Rick Engineering Company will attend a project orientation with the City of Carlsbad to initiate the project. The proposed date for this meeting will occur in the last week of June 2002. Mr. Thornton will prepare an overall project schedule (Task 2) and traffic count schedule (Task 3) based on his nine years of extensive involvement in previous traffic monitoring programs. The schedule will be submitted to the City a minimum of two (2) days prior to the orientation meeting for approval at this meeting. Task 2 -Overall Proiect Time Schedule An overall project schedule will be prepared by Rick Engineering Company and submitted to the City for review at the orientation meeting. This schedule will be developed based on-going and upcoming construction projects within the City of Carlsbad. Key milestones such as completion of analysis, draft copy submittal and final draft submittal dates will be highlighted. Task 3 - Traffic Count Time Schedule A schedule for the traffic counts will be submitted to the City for approval at the orientation meeting. A tabular and graphical schedule will be developed for the intersections to be counted. Items such as number of staff. location and count dates will be identified. A tabular and graphical schedule will also be developed for the mid-block locations to be counted. Items such as street location, number of equipment and layout method will be identified. These schedules will take into account on-going and upcoming construction projects within the City of Carlsbad. Task 4 - Intersection and Mid-Block Count Data Collection This task includes the data collection at 54 intersections and 28 mid-block locations requested by the City of Carlsbad. These locations are specified in the attached Exhibits 1 and 2. Safety is of the utmost importance in the collection of traffic count data. Rick Engineering Company 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: 1 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. Any problems or questions with the counts will be discussed between the City and Rick Engineering Company. Recounts will be conducted according to the following conditions: . Under the proposed scope of work, Rick Engineering Company will conduct street segment recounts at no additional charge and up to eight peak hour intersection recounts (either AM or PM peak hour, as appropriate) based on traffic incidents. If additional intersection recounts are needed based on traffic incidents, Rick Engineering Company will be available to conduct such counts at the rate of $500 per peak hour intersection count. 1 Recounts related to discrepancies in pedestrian counts will only be conducted when there is a discrepancy of greater than 10 pedestrians in the peak hour on any given crosswalk and when there is a reason to believe that the count is not representative of typical conditions. If a pedestrian count is in question and needs to be recounted, only pedestrian movements will be recounted, not the entire intersection. 9 All recounts necessary because of any errors created by Rick Engineering Company will be recounted as soon as possible at no additional cost to the City. Certain procedures will be followed to ensure an accurate count program. The locations and dates of counts will be approved in advance and will not be changed without approval from the City. Rick Engineering Company will be using a pool of individuals familiar with traffic counting procedures used in past City of Carlsbad Traffic Monitoring Programs as well as other traffic and parking data collection efforts based on there association with Mr. Thomton. Additionally, Rick Engineering Company proposes that at all 1-5 ramps, a minimum of two persons be stationed to count each ramp terminal intersection. A minimum of four persons will be scheduled to count the intersection of Palomar Airport Road and El Camino Real. Other locations will be counted using one, two, or three persons, depending on the level of traffic. QUALITY CONTROL MEASURES The following are quality control measures proposed to be implemented during the data collection process to ensure accurate results: - Field verification of count personnel during count days. -Ensure appropriate staffing is located at each intersection per the developed schedule. -Ensure staffing is correctly recording associated turning movements. -Ensure count equipment is working properly. Field verification of mid-block tube counts -Ensure tube location is properly placed per the developed schedule. -Ensure count equipment is working properly. 1 Monitor traffic conditions within the vicinity of the traffic count area -Identify traffic conditions that may interfere with the traffic data being collected (traffic accidents, traffic diversion, street closures,'etc.). Checking validity of intersection and mid-block counts by comparing data to counts done in the year past. Checking validity of counts at closely spaced intersections utilizing an in-house developed spreadsheet program. Task 5 - Perform Level of Service Calculations For each intersection mid-block count, Rick Engineering will perform level of service calculations. The calculations will be conducted using methods used in the 2001 Growth Management Plan Traffic Monitoring Program. (ICU) method, as specified by the City. Signalized intersection capacity analysis will be performed using the Intersection Capacity Utilization 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. Intersection and mid-block roadway segment analysis will be performed utilizing pre-designed spreadsheet programs. Level of service calculations will be compared to analysis results in years past to check for validity. Task 6 - Draft Rmort Two copies of the Draft Report will be submitted to the City for review and comment by September 24, 2002. The report will be prepared to be consistent with previous Annual Reports for the Growth Management Plan Traffic Monitoring Program. Allow thirty 130) days for City review. With the aid of Rick Engineering Company's Creative Services Division appropriate quality color graphics can easily be incorporated into the Traffic Monitoring Report. Task 7 -Final Reuort One (1) copy of the Final Draft Report will be submitted to the City for review and comment within three (3) weeks following receipt of City's draft comments. EXHIBIT I REQUESTED INTERSECTION COUNT LOCATIONS IN 2002 2. 1. 3. 4. 5. 6. 7. 8. IO. 9. 11. 12. 13. 14. 15. 16. 18. 17. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. College Boulevard and Faraday Avenue El Camino Real and Plaza Drive El Camino Real and Marron Road, El Camino Real and Hosp Way El Camino Real and Carlsbad Village Drive El Camino Real and Cannon Road 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 Dove Lane 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 College Boulevard Palomar Airport Road and Armada DrivelCostco entrance Palomar Airport Road and Camino Vida Roble Palomar Airport Road and El Fuerte Street Carlsbad Boulevard and Carlsbad Village Drive Palomar Airport Road and Melrose Drive Carlsbad Boulevard and Tamarack Avenue Carlsbad Boulevard and Cannon Road Carlsbad Boulevard and Poinsettia Lane Rancho Santa Fe Road and Melrose Drive Rancho Santa Fe Road and La Costa Meadows Drive Rancho Santa Fe Road and Questhaven Road Rancho Santa Fe Road and La Costa Avenue Carlsbad Village Drive and State Street Rancho Santa Fe Road and Olivenhain RoadlCamino Alvaro Carlsbad Village Drive and Harding Street Poinsettia Lane and Aviara Parkway Poinsettia Lane and Batiquitos Drive Poinsettia Lane and Paseo Del Norte Tamarack Avenue and Carlsbad Village Drive Poinsettia Lane and Avenida Encinas Alga Road and Melrose Drive Alga Road and El Fuerte Street Jefferson Street and Marron Road Monroe Street and Marron Road I-5/Carlsbad Village Drive Southbound Ramp I-5/Carlsbad Village Drive Northbound Ramp I-5/Tamarack Avenue Southbound Ramp I-5Karnarack Avenue Northbound Ramp EXHIBIT 1 - CONTINUED REQUESTED INTERSECTION COUNT LOCATIONS IN 2002 47. I-5/Cannon Road Southbound Ramp 48. I-5/Cannon Road Northbound Ramp 49. I-5/Palomar Airport Road Southbound Ramp 50. I-5/Palomar Airport Road Northbound Ramp 51. I-5/Poinsettia Lane Southbound Ramp 52. I-5/Poinsettia Lane Northbound Ramp 53. WLa Costa Avenue Southbound Ramp 54. I-5/La Costa Avenue Northbound Ramp EXHIBIT 2 2. 1. 3. 4. 5. 6. 7. 8. 9. IO. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. REQUESTED MID-BLOCK COUNT LOCATIONS IN 2002 Palomar Airport Road between Paseo Del Norte and Armada Drive Palornar Airport Road between Yarrow Drive and El Camino Real Palornar Airport Road between El Carnino Real and El Fuerte Street Palomar Airport Road between Melrose Drive and Business Park 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'carnino Vida Roble and Cassia Road El Camino Real between Arena1 Road and Costa Del Mar Road El Camino Real between La Costa Avenue and Levante Street El Camino Real between Calle Barcelona and Levante Street Melrose Drive between Palomar Airport Road and Rancho Bravado Carlsbad Boulevard.between Mountain View Drive and State Street Carlsbad Boulevard between Cannon Road and Cerezo Drive Carlsbad Boulevard between Poinsettia Lane and Island Way Carlsbad Boulevard between Avenida Encinas and La Costa Avenue La Costa Avenue between Saxony Road and Piraeus Street La Costa Avenue between Cadencia Street and Romeria Street Rancho Santa Fe Road between Melrose Drive and La Costa Meadows Drive Rancho Santa Fe Road between Questhaven Road and Cadencia Street Rancho 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 La Portalada Drive Paseo Del Norte between Carnino Del Parque (north) and Palomar Airport Road Paseo Del Norte between Palornar Airport Road and Car Country Drive College Boulevard between Palornar Airport Road and Aston Avenue Alga Road between Corintia Street and El Fuerte Street Task 8 - Final Report Following City review of the Final Draft Report, Rick Engineering Company will meet with City staff to discuss the comments. Ten (IO) and one (1) unbound copy of the Final Report will be submitted to the City within three (3) weeks following receipt of City’s final draft comments. - Fee Our fee for the above-described work would be on a fixed-fee basis in the amount of $6 1,4 15.00. The basis for the calculation of this fee is shown in attached Exhibit 3. 1 -_ CERTIFICATE OF LIABILITY INSURANCE DATElYYlDMIl 05/06/02 PRODUCER OA99520 Caviqnac 6 ASSOClates 1-619-234-6848 THIS CERTIRCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1230 Columbia Street, Suite 850 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Dieqo, CA 92101 seffie" w. cavignac Rick Enalneerlnq Companv 5620 Friars Road INSURERS AFFORDING COVERAGE n INOURED -cA INSURERA United States Fidelitv 6 Guaranty & c M/ INSURER0 Desian Professionals Ins Co A- XV INSURER C cp INSURER D. San Diem, CA 92110 -. I COVERAGES I INSURER E THE POLICIES OF INSURANCE LISTED BELOWHAM BEEN ISSUEDTO THE INSURED NAMW ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITDN OF ANY CONTRACT OR OTHER DOCUMENT WlTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECTTOALLTHETERMS. EXCLUSIONS AND CONDITDNS OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TrPE OF ,NSUR.YCE I rnucv~~~am BK01023933 X 12 CLAIMS MADE OCCUR .COMMERCIAL GENEWl LIABIUTI X GENLAOGREGATEUMITAPPUESPER. Blanket Contractual Broad Form Ao~lies X - 7 POUCY n Ei n A AUTOWBILEUABIUTI LDt BA01023914 __ X ANYAUTO ALL OWNEDAUTOS SCHEDUEDAmOS X NONOWNEDAUTCS X HlREDAUTCS 01/01/02 BK01023933 01/01/02 I I IOrnER B Professional Liability PL700875 08/15/01 I I 01/01/03 I l,ooo,ooo MMElNWSlNGLELlMIT 1Eaud.ntI AUTOONLY -VIACCIDEW S I OTHERTW 1 AUTOONLY. 01/01/03 EACHOCCURRENCE 1S5.000.000 AGG I $ AGGREGATE IS 5,000,000 I 08/15/02 'Limits 2,000,000 I , I I I DEOCRIPTDN OF oPEwnounnmrnnwwemuwms ADDED BI ENDonsmwmPEau PROYISDWS 'Professional Liability - Claims Made Fom, AqQreqate Limit Policy. Defense Casts Included within Limit Of Liability. Certificate Holder is named add'l insured as resoects Gen. Liab. (attached1 6 Auto Liab. Coveraae -10 days NOC far non-DaVment of premium. lend't to follavl; *Waiver of submaation awlied to Gen. Liab. -5-0- Deductible applies to Gen. Liab. - Inde~endent Contractor5 2002 Traffic Monitorinq Program CERTIFICATE HOLDER 1 Y 1 ADD~NALYISURED: INOURER LETIER: A CANCELLATION CitV of Carlsbad Enqmeerinq Dept. Attn: Donna Harve 1635 Faraday Avenue Carlsbad, CA 92008 WRW REPRBWTATM 910UW~OFTnEABWEDESCRBEDPWCIEOBECUlCEUWBEFOREMEEXPlRIrrm DATETHEREOF.ME188~I~RERWI~~YULIO4blPYlmEII HOTICETOMEC~~TE~ER~W~~ELE~~~~~~~X~K WIIIl-mIKUWXPSNmX R- USA ,\'Ci $..,. I ACORDZ-S(~~V CSIGHTLER 626712 QACORD CORPORATION 1888 THIS ENDORSEMENTCHANGESTHEPOLICY. PLEASE READ ITCAREFULLY. This endment dies imurance pmvided under the following; LlABlLlTY COVERAGE PART. Schedule Name of Person or Organization: 1. SECTION II -WHO IS AN INSURED is amended to indude as an insured the person or organization shwn in the "your work" for that insured by or for you. Schedule. but only viith respect to liability arising out of 2. Wdh respect to 1. above the following addifional pmvisbn applies: SECTION IV. 5. mer Insurance is replaced by the following: 5. mer Insurance The insurance afforded by this Coverage Part is primary insurance and we will not seek contribution from any vald and collectible "other insurance" available to the insured unless the CLlBF 22 45 09 99 valid and collectible 'other insurance' is provided by a person or organization who is not shown in the schedule. Then we will share with Mat valid and collectible "other insurance" by the me" desdbed b?!u#. If all of the valid and collectible "other insurance' permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contnbdes equal amounk until it has paid its applicaMe limit of insurance or none of the loss remains, whichever comes first. if any of the vald and collecfible "other insurance' does not permit contribution by equal shares, we wil contribute by limk Under this method, earh Insurers share is trased on the ratio of its applicable limit of insurance to the toWapplicaMe limits of insurance of all insurers. policy Number: BKC102333 Transfer Of Rights Of Recovery Against Others WAIVER THIS ENOORSEMEKl CHANGES THE POLICY. KEASE Rw) [T CAREFULLY. This endorsement modifies insurance provided under the fdlowing: IX I LMILIPI COVERAGE PART I I BUSINESS AUTO COVERAGE PART (SECTION II) I I COMMERCW. UMBRELLA LIABILITY COVERAGE PART, Designated Person Or Organization: BLANKET WAIVER OF RIGHTS OF RECOVERY WHEN REQUIRED BY A WORK CONTRACT City of Carlsbad, its officials, employees and volunteers. Contract Number: Description of Project 2002 Iraffic Monitorin9 Proqram Location of Project: Carlsbad, CA We waive any right of recovery we may have against the person or organization designated in the Schedule because person or organization. The waiver applies only to the designated person or organizafion and the work yw pehn of payments we make for injury or damage arising out of must be under the contract and for the project and lxafion, work you perion under a contract with the designated designated in the Schedule. c CITY OF CWSBAD ENGINEERING DEPARTI%NT Am DONNA HARVEY 1635 FARASAY AVE CARLSBAD CA 92008 JOB: 2002 TRAFFIC HONITORING P ROGRAM L This IS to certify that we have issued a valid Workers' Compensation insurance policy in a fornl approved by the California Insurance Commbssloner to the employer named below for the policy period indicated. This pol~cy is not subject to cancellation by the Fund except upon adays'advance written notice to the employer. We will also give you days' advance notice should this pollcy be cancelled prlor to its normal expiration. Thls certificate of insurance is not an insurance pollcy and does not amend, extend or alter the coverage afforded by the policies listed hereln. Notwithstandlng any requlrement. term, or condition of any contract or other document with descrlbed hereln IS subject to all the terms. exclusions and conditions of such poiicles. respect to whlch this certlficate of insurance may be Issued or may pertain, the insurance afforded by the policles xx xx AUTHORCZEO R-4- REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT U2065 ENTITLED CERTIFICATE HOLDERS'NOTICE EFFECTIVE 01/01/02 IS ATPACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER r RICK ENGINEERING COMPANY 5620 FRIARS RD SAN DIEGO CA 92110