HomeMy WebLinkAbout2024-05-07; City Council; ; Acceptance of Proposals and Award of Agreement to Michael Baker International, Inc. for Engineering Design and Construction Support Services for the Faraday Avenue ImprovCA Review GH
Meeting Date: May 7, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: John Kim, City Traffic Engineer
john.kim@carlsbadca.gov, 442-339-2757
Subject: Acceptance of Proposals and Award of Agreement to Michael Baker
International, Inc. for Engineering Design and Construction Support
Services for the Faraday Avenue Improvements Project
District: 2
Recommended Action
Adopt a resolution accepting proposals and awarding an agreement to Michael Baker
International, Inc. to provide engineering design and construction support services for the
Faraday Avenue Improvements project in an amount not to exceed $140,145.
Executive Summary
Pedestrian and bicycle activity is expected to increase along Faraday Avenue with the
anticipated completion of Veterans Memorial Park in 2026. Vehicles have been observed
travelling along Faraday at a higher speed than the posted speed limit of 40 mph. The goal of
this project is to reduce vehicle speeds and provide a more inviting environment for all modes
of travel along front of the new park.
The city has already prepared conceptual plans for proposed traffic calming and mobility
improvements on Faraday Avenue as part of the Faraday Avenue Improvements Project (Capital
Improvement Program, Project No. 6099). The award of this agreement would prepare
complete design and construction packages for the proposed Faraday Avenue improvements.
Staff have selected the engineering consultant Michael Baker International, Inc. as the most
qualified of the firms that submitted proposals on the project. The proposed agreement with
Michael Baker International, Inc. is $140,145.
The agreement requires the City Council’s approval under Carlsbad Municipal Code Section
3.28.060, Procurement of professional services and services, subsection (D)(5) because the
value of the proposed agreement exceeds $100,000 per year.
May 7, 2024 Item #4 Page 1 of 28
Explanation & Analysis
Faraday Avenue improvements
The Veterans Memorial Park Master Plan was approved by the City Council On July 26, 2022.
Veterans Memorial Park is to be located on 93.7 acres just east of the intersection of Faraday
Avenue and Cannon Road. The access to the park will be along Faraday.
Faraday is classified as an employment/transit connector street in Mobility Element of the city’s
General Plan, the part that covers transportation. The existing speed limit is posted at 40 mph,
while it is noted that vehicles have been observed travelling at a higher speed.
The design contract for the park does not include off-site improvements. The traffic study for
the park provided preliminary recommendations for access to the park along Faraday. With
access to the future Veterans Memorial Park being provided on Faraday Avenue, staff
anticipate that pedestrian and bicycle activity on this roadway will increase. The expected
increase in pedestrian and bicycle activity, with the existing speeds higher than the posted 40
mph that have been observed, prompted this project to explore the addition of traffic calming
along the project frontage.
In a previous phase of this project, the city prepared conceptual plans for the proposed traffic
calming and mobility improvements, as shown in Exhibit 2. These conceptual plans were
reviewed by city staff, including the Fire Department. Staff plan to present the conceptual
design plans to the Traffic Safety & Mobility Commission for its review and comments before
beginning work on this agreement.
This agreement is to prepare complete design and construction packages for the proposed
improvements along the future Veterans Memorial Park frontage on Faraday.
Bidding, proposed agreement
•Staff posted a request for proposals for design of the project on Jan. 18, 2024.
•The city received two proposals on Feb. 13, 2024.
•A selection panel of city staff evaluated and ranked the proposals based on best-value
criteria, in keeping with Carlsbad Municipal Code Section 3.28.060.
•The selection panel ranked Michael Baker International, Inc. as the most qualified firm
and negotiated a scope of work with an associated fee not to exceed $140,145.
May 7, 2024 Item #4 Page 2 of 28
The agreement will be in effect for two years. The City Manager may amend the agreement to
extend the term for up to one additional one-year period.
Fiscal Analysis
Sufficient funding for the project has been appropriated from the General Capital Construction
fund. The available funds and estimated costs for the project are summarized below:
Faraday Avenue Improvements Project
Capital Improvement Program Project No. 6099
Total appropriation to date $275,000
Total expenditures and encumbrances to date -$62,990
Total available funding $212,010
Professional services agreement -$140,145
Remaining balance $71,865
Additional appropriation needed $0
Next Steps
As noted above, staff plan to present the conceptual design plans to the Traffic Safety &
Mobility Commission for review and comments prior to beginning work on the complete design
and construction packages within coming months.
Once the agreement is approved by the City Council and is fully executed, staff will issue a
purchase order to Michael Baker International, Inc. and a notice to proceed with the
engineering design and construction support services for the project. Staff plan to return to the
City Council for approval of the plans, specifications and contract documents; authorization to
bid for the construction project and authorization of additional appropriations in early 2025.
Staff anticipate construction of the project will begin in spring 2025 and be completed in spring
2026.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project
within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change or a reasonably foreseeable indirect physical change in the environment.
As the design for the Faraday Avenue Improvements Project is finalized, the project will be
subject to environmental review in keeping with the CEQA Guidelines.
Exhibits
1.City Council resolution
2.Faraday Avenue improvements conceptual plans
May 7, 2024 Item #4 Page 3 of 28
RESOLUTION NO. 2024-090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING PROPOSALS AND AWARDING AN AGREEMENT TO
MICHAEL BAKER INTERNATIONAL, INC. TO PROVIDE ENGINEERING DESIGN
AND CONSTRUCTION SUPPORT SERVICES FOR THE FARADAY AVENUE
IMPROVEMENTS PROJECT IN AN AMOUNT NOT TO EXCEED $140,145
WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary,
desirable and in the public interest to develop traffic calming plan s on Faraday Avenue along the
frontage of the future Veterans Memorial Park as part of Capital Improvement Program, or CIP, Project
No. 6099, Faraday Avenue Improvements Project, or Project; and
WHEREAS, on Jan. 18, 2024, staff posted a Request for Proposals, or RFP, to complete the
engineering design and provide construction support services for the Project; and
WHEREAS, on Feb. 13, 2024, staff received two proposals in response to the RFP; and
WHEREAS, during a subsequent review of the proposals based on best-value criteria consistent
with Carlsbad Municipal Code, or CMC, Sections 3.28.050{D){2) and 3.28.060, staff ranked Michael
Baker International, Inc. as the most qualified consultant for engineering design and construction
support services for the Project; and
WHEREAS, staff and Michael Baker International, Inc. negotiated the scope of work and
associated fee in an amount not to exceed $140,145 to provide engineering design and construction
support services for the Project over an initial two-year term with one additional one-year extension
as authorized by the City Manager; and
WHEREAS, the Project is financed by the General Capital Construction Fund, and sufficient
funding is available in the Faraday Avenue Improvements Project, CIP Project No. 6099; and
WHEREAS, CMC Section 3.28.060(D)(S) requires the City Council to award procurement of
services and professional services for which the value exceeds $100,000; therefore, the Agreement
with Michael Baker International, Inc. is subject to this requirement; and
WHEREAS, the action to award an agreement with Michael Baker International, Inc. is not a
project within the within the meaning of the California Environmental Quality Act under California
Public Resources Code Section 21065 in that it has no potential to cause either a direct physical chan ge
or a reasonably foreseeable indirect physical change in the environment. This contract will be used to
May 7, 2024 Item #4 Page 4 of 28
Exhibit 1
prepare a design for the road project, and it the proposed project will be reviewed for the appropriate
review consistent with the California Environmental Quality Act Guidelines.
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 best-value proposal of $140,145 submitted by Michael Baker International, Inc.
for engineering design and construction support services for the Project is accepted, and
the Mayor is authorized and directed to execute the agreement (Attachment A).
3. That the City Manager is authorized to amend the Agreement to extend the term for
one (1) additional one (1) year period or parts thereof.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 7th day of May, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
May 7, 2024 Item #4 Page 5 of 28
DocuSign Envelope ID: E7ECAED2-59CC-4A12-9075-6987CFC78F15
PSA24-2398TRAN
AGREEMENT FOR FARADAY AVENUE TRAFFIC CALMING & MOBILITY IMPROVEMENTS SERVICES
MICHAEL BAKER INTERNATIONAL, INC.
THIS AGREEMENT is made and entered into as of the ]th day of tvt� 2024, by and between the City of Carlsbad, California, a municipal
corporation "City") and Michael Baker International, Inc., a Pennsylvania corporation ("Contractor").
RECITALS
A.City requires the professional services of a consultant that is experienced in traffic calming
and mobility improvements.
B.Contractor has the necessary experience in providing professional services and advice
related to Faraday Avenue traffic calming and mobility improvements project.
C.Contractor has submitted a proposal to City under Request for Proposals No. RFP24-
2367TRAN and has affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein,
City and Contractor agree as follows:
1.SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that
are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this
Agreement's terms and conditions.
2.STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan
Southern California area and will use reasonable diligence and best judgment while exercising its
professional skill and expertise.
3.TERM
The term of this Agreement will be effective for a period of two (2) year(s) from the date first above
written. The City Manager may amend the Agreement to extend it for one (1) additional one (1) year(s)or
parts thereof. 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.
5.COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term shall not exceed
one hundred forty thousand one hundred forty-five dollars ($140,145). 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".
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Attachment A
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6.PUBLIC WORKS
6.1 Prevailing Wage Rates. Any construction, alteration, demolition, repair, and maintenance work,
including work performed during design and preconstruction such as inspection and land surveying work,
cumulatively exceeding $1,000 and performed under this Agreement constitute “public works” under
California Labor Code section 1720 et seq. and are subject to state prevailing wage laws. The general
prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those
as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of
the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of
applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the
said specified prevailing rates of wages to all such workers employed by him or her in the execution of the
Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor
Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records,
and making them available for inspection. Contractor shall require any subcontractors to comply with
Section 1776.
6.2 DIR Registration. California Labor Code section 1725.5 requires the Contractor and any
subcontractor or subconsultant performing any public work under this Agreement to be currently
registered with the California Department of Industrial Relations (DIR), as specified in Labor Code section
1725.5. Labor Code section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be
qualified to engage in the performance of any contract for public work, unless currently registered and
qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of
public work by any subcontractor or subconsultant under this Agreement, Contractor must furnish City
with the subcontractor or subconsultant's current DIR registration number.
7.CONSTRUCTION MANAGEMENT SOFTWARE
Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore
(www.procore.com) online project management and document control platform. The intent of utilizing
Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team
dynamic by improving information flow, reducing non-productive activities, reducing rework and
decreasing turnaround times. The Contractor is required to create a free web-based Procore user
account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system.
Unless the Engineer approves otherwise, the Contractor shall process all project documents through
Procore because this platform will be used to submit, track, distribute and collaborate on project. If
unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall
complete a free training certification course located at http://learn.procore.com/procore-certification-
subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either
through the online training or reaching out to the Procore support team. It will be the responsibility of the
Contractor to regularly check Procore and review updated documents as they are added. There will be no
cost to the Contractor for use of Procore.
It is recommended that the Contractor provide mobile access for Windows, iOS located at
https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices
located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App
installed to at least one on-site individual to provide real-time access to current posted drawings,
specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient
observations or punch list items. Providing mobile access will improve communication, efficiency, and
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productivity for all parties. The use of Procore for project management does not relieve the contractor of
any other requirements as may be specified in the contract documents.
8. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit
of Contractor's independent calling, and not as an employee of City. Contractor will be under control of
City only as to the result to be accomplished, but will consult with City as necessary. The persons used by
Contractor to provide services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete compensation
to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of
Contractor or its agents, employees or subcontractors. City will not be required to pay any workers'
compensation insurance or unemployment contributions on behalf of Contractor or its employees or
subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers' compensation
payment which City may be required to make on behalf of Contractor or any agent, employee, or
subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct
the indemnification amount from any balance owing to Contractor.
9. 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.
10. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
11. INDEMNIFICATION
Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City
and its officers, elected and appointed officials, employees and volunteers from and against all claims,
damages, losses and expenses including attorney’s fees arising out of the performance of the work
described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable.
The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or
on behalf of an injured employee under the City’s self-administered workers’ compensation is included as
a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or
early termination of this Agreement.
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12. 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-:VII"; OR with a surplus line insurer on the State of California’s List of
Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”;
OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC)
latest quarterly listings report.
12.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits
indicated below, unless Risk Manager 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.
The full limits available to the named insured shall also be available and applicable to the City as an
additional insured.
12.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis,
including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general
aggregate limit applies, either the general aggregate limit shall apply separately to this project/location
or the general aggregate limit shall be twice the required occurrence limit.
12.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for
City). $2,000,000 combined single-limit per accident for bodily injury and property damage.
12.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor has no
employees and provides, to City's satisfaction, a declaration stating this.
12.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession
with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years
following the date of completion of the work.
12.2 Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
12.2.1 The City will be named as an additional insured on Commercial General Liability which
shall provide primary coverage to the City.
12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be
written as claims-made coverage.
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12.2.3 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.
12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
12.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach or may purchase replacement
insurance or pay the premiums that are due on existing policies in order to maintain the required
coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and
City may collect these payments from Contractor or deduct the amount paid from any sums due
Contractor under this Agreement.
12.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete
and certified copies of any or all required insurance policies and endorsements.
13. 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.
14. 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.
15. 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.
16. 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.
17. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on behalf
of City and on behalf of Contractor under this Agreement are:
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For City For Contractor
Name Nick Gorman Name Ryan Zellers
Title Associate Engineer Title Project Manager
Department Public Works Address 5050 Avenida Encinas #260
City of Carlsbad Carlsbad, CA 92008
Address 1635 Faraday Ave Phone No. 858-810-1432
Carlsbad, CA 92008 Email ryan.zellers@mbakerintl.com
Phone No. 442-339-2793
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.
18. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or
interests as required in the City of Carlsbad Conflict of Interest Code.
Yes ☐ No ☒
If yes, list the contact information below for all individuals required to file:
Name Email Phone Number
19. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which
in any manner affect those employed by Contractor, or in any way affect the performance of the Services
by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and
regulations and will be responsible for the compliance of Contractor's services with all applicable laws,
ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will
comply with those requirements, including, but not limited to, verifying the eligibility for employment of
all agents, employees, subcontractors and consultants whose services are required by this Agreement.
20. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS
Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package
delivery vehicles operated in California may be subject to the California Air Resources Board (CARB)
Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce
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emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage
at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.
21. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
22. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will be used
to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties.
Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A
copy of such documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative receiving the letter
will reply to the letter along with a recommended method of resolution within ten (10) business days. If
the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will
be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended
by each party and may then opt to direct a solution to the problem. In such cases, the action of the City
Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the
parties from seeking remedies available to them at law.
23. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate
this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City
decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City
may terminate this Agreement upon written notice to Contractor. Upon notification of termination,
Contractor has five (5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based upon the work
product delivered to City and of the percentage of work that Contractor has performed which is usable
and of worth to City in having the Agreement completed. Based upon that finding City will determine the
final payment of the Agreement.
City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor
may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of
termination of this Agreement by either party 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.
24. 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.
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25. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be
asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of
litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to
City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor
acknowledges that California Government Code sections 12650 et seq., 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.
26. JURISDICTION 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.
27. 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 nor 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.
28. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along with
the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the
Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be
amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may
be executed in counterparts.
29. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor
each represent and warrant that they have the legal power, right and actual authority to bind Contractor
to the terms and conditions of this Agreement.
[signatures on following page]
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PSA24-2398TRAN
City Attorney Approved Version 12/22/2023
Page 9
Executed by Contractor this___________ day of _______________________, 2024.
CONTRACTOR CITY OF CARLSBAD, a municipal corporation of
the State of California MICHAEL BAKER INTERNATIONAL, INC, a
Pennsylvania corporation
By: By:
(sign here)
KEITH BLACKBURN, Mayor
Dawn Wilson, Vice President
(print name/title)
ATTEST:
By: SHERRY FREISINGER, City Clerk
(sign here) By:
Timothy Thiele, Assistant Secretary Deputy City Clerk
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a
corporation, Agreement must be signed by one corporate officer from each of the following two groups.
Group A Group B
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
BY: _____________________________
Assistant City Attorney
DocuSign Envelope ID: E7ECAED2-59CC-4A12-9075-6987CFC78F15
22nd March
May 7, 2024 Item #4 Page 14 of 28
PSA24-2398TRAN
City Attorney Approved Version 12/22/2023
Page 10
EXHIBIT A
SCOPE OF SERVICES AND FEE
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1MICHAEL BAKER INTERNATIONAL ▬ CITY OF CARLSBAD ▬ FARADAY AVENUE TRAFFIC CALMING AND MOBILITY IMPROVEMENTS
WORK Scope of
A PLAN TO SUCCEED! The Michael Baker project team will utilize the experience and City
feedback on the Veteran’s Park traffic calming conceptual alternatives in order to deliver a
successful project that meets the City’s safety goals for multi-modal users. Additionally, design guidance
and lessons learned from previous City of Carlsbad projects, including the City-wide Emergency Bike
Striping Project, Annual Street Resurfacing projects, and the Tamarack Avenue Traffic Calming project
will be vital for a seamless project delivery.
REAL VALUE
PROJECT UNDERSTANDING
The City of Carlsbad is prioritizing safety for all users of City roadways and the future construction of Veteran’s
Memorial Park provides an exciting opportunity to implement traffic calming safety improvements on Faraday
Avenue with the expected increase of pedestrians and bicycles on the corridor. Michael Baker has been at
the forefront of assisting the City with the design of city-wide traffic calming and safety improvements and are
committed to continuing the partnership with the City creating safer streets for citizens to embrace alternative
modes of transportation.
Michael Baker has worked with the City to develop conceptual design alternatives for the ultimate Veteran’s Park
driveway entrances as well at the intersection of Faraday Ave and Whitman Way. In the conceptual design phase,
we worked with the City’s Traffic and Mobility Division to identify project goals while highlighting potential
concerns and impacts from other City stakeholders, including stormwater, emergency services, and parks &
recreation. Additionally, we will work alongside the City’s Traffic and Mobility Division and the Communication
and Engagement Department to implement the preferred alternative most beneficial to the community. Michael
Baker will review the potential stakeholder concerns which include:
•Providing adequate lines of sight while minimizing parking loss on Faraday Avenue•Ensuring access to the proposed project driveways•Reducing speeds while minimizing impacts to emergency response vehicles•Minimizing drainage impacts resulting from the traffic calming improvements•Providing cost-effective solutions to project constraints
For drainage impacts resulting from new curb popouts and raised crosswalks, Michael Baker will analyze
hydrology at each location to determine if underground storm-drain system improvements are required, or if a
more cost-effective approach such as steel drainage tubes or a grated sidewalk culvert in the existing flowline
can be utilized. These cost-saving solutions will be reviewed with the existing/proposed flooded width of
the roadway to ensure compliance with the City’s drainage engineering standards as well as review with the
proposed improvements to minimize any impacts to pedestrians and cyclists.
In the early project stages, Michael Baker will work with the City to clearly define the preferred alternative
for each driveway and intersection as shown in the RFP and select the design elements to be included on the
improvement plans. Following the hydrology analysis and findings, the design elements will be further refined to
adhere to the City’s guidelines while meeting project objectives.
SCOPE OF WORK AND APPROACH
The scope of work and approach outlined on the following pages describes Michael Baker’s approach to
completing the tasks outlined in the Scope of Work provided by the City and outlined in the RFP.
Geoffrey Retemeyer, PE, TE, Michael Baker’s Project Manager, will act as the primary point of contact to the City.
His role will be to ensure fluid communication between the City and the Michael Baker team as well as handle
day to day logistics and coordination of the project including monitoring the schedule, plan development and
analysis oversight, and budget monitoring. He will be supported by staff experienced and proficient in civil,
traffic and drainage design. Mr. Retemeyer will be responsible for providing monthly project invoices which
include progress reports on the project to the City’s Project Manager.
TASK 1: PROJECT MANAGEMENT
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2MICHAEL BAKER INTERNATIONAL ▬ CITY OF CARLSBAD ▬ FARADAY AVENUE TRAFFIC CALMING AND MOBILITY IMPROVEMENTS
To keep the City informed of our progress, outstanding items and data or review needs, Michael Baker will maintain
an ongoing action item list. We will review this list during check-in meetings along with a summary of the tasks
underway from the scope of work and any budget issues. We will send monthly project invoices which include
progress reports to the City’s Project Manager.
Project Kickoff Meeting. The project kick-off meeting between the Michael Baker team and City stakeholders
will be used to discuss project objectives, design considerations, project schedule milestones, and any other
special requirements the City may request. At the kick-off meeting, the design elements for the traffic calming
alternatives for each driveway and intersection will be reviewed to establish a seamless and defined work-flow plan
to final design. Michael Baker will prepare the kick-off meeting agenda as well as any exhibits or required meeting
materials. Following the meeting, Michael Baker will provide meeting minutes with a list of action items. We also
recommend that a field visit be conducted following the project kick off with the Michael Baker and City teams.
Bi-Weekly Project Meetings. Bi-weekly project meetings will be key to ensuring the project stays on schedule.
These meetings will be used for various purposes throughout the project’s duration. Michael Baker will be
responsible for meeting agendas, materials and meeting notes. To keep the City informed of our progress,
outstanding items and data or review needs, Michael Baker will maintain an ongoing action item list. We will review
this list during check-in meetings along with a summary of the tasks underway from the scope of work and any
budget issues.
Task 1 Deliverables:
2.1 Existing Conditions Review
Michael Baker will coordinate with the City and utility agencies to obtain as-built plans and asset maps for all existing
street and utility improvements within the project limits. The existing underground utilities and appurtenances will
be implemented into a base file to be used and reference with the ultimate design improvements.
Additionally, Michael Baker will perform a site visit to verify existing improvements, site topography, potential utility
conflicts and project constraints that may impact design. Following existing condition review, Michael Baker will
present any findings to the City that may impact the design objectives.
Task 1 Deliverables:
•Documentation of all field data collected and field notes/observations from site visit.
2.2 Topographic Survey
As outlined in the RFP, CADD files of the existing topography and mapping boundary are to be provided. It is
anticipated the supplemental field survey will be required for the intersection of Faraday Avenue and Whitman
Way for the proposed traffic calming improvements. It is also anticipated the existing underground storm drain
infrastructure in the vicinity of the traffic calming improvement will require survey. Michael Baker shall prepare a
topographic map of the supplementary areas at the project site at a scale of 1”=20’ with one foot contour intervals.
The work shall include:
•Preparation of a work plan
•Field surveying services at 25-ft intervals including all existing surface (and underground as specified)
improvements
•Office analysis and processing of all collected GPS and ground survey data.
•Coordination and review of the topographic and boundary survey files received from the City for the onsite
Veterans Memorial Park improvements to ensure conformance with the same basis of bearings and benchmark
control.
Horizontal and vertical control will be established at the site sufficient to support future design, construction staking,
or mapping. Unless otherwise directed by the Client, the basis of horizontal control will be NAD83 (Epoch 1991.35)
California Coordinate System, Zone VI (CCS 83). Coordinates will be expressed as ground values in terms of the U.S.
survey foot. Coordinates will be based on published values from the City of Carlsbad Survey Control Network per
Record of Survey 17271.
•Meeting agendas, materials, and meeting notes•Concept development and analysis oversight •Budget and schedule monitoring
TASK 2: DATA COLLECTION
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3MICHAEL BAKER INTERNATIONAL ▬ CITY OF CARLSBAD ▬ FARADAY AVENUE TRAFFIC CALMING AND MOBILITY IMPROVEMENTS
SCOPE
Vertical control will be provided in terms of the National Geodetic Vertical Datum of 1929 (NGVD 29), based locally
upon published benchmark values from the City of Carlsbad Survey Control Network per Record of Survey 17271.
Establishment of control shall be performed using current GPS and conventional methods and shall be post-
processed in a least-squares network adjustment for evaluation and to provide a unified local control net. Semi-
permanent control points shall be set at the site for future construction of the facility and clearly identified in the
deliverable.
Task 2.2 Deliverables:
•Topographic survey CADD file for final deliverables including planimetrics, surface building and contours.
2.3 Right-of-way Verification and Control
Michael Baker will review the recorded maps and surveys in the vicinity of the project and verify the right-of-way
boundary file received from the City. Following preliminary review, it is anticipated adjustments will be required at
the intersection of Faraday Avenue and Whitman Way. Additionally, Michael Baker will survey centerline monuments
in the vicinity of the proposed improvements to verify the position of the right-of-way lines received from the City.
Task 2.3 Deliverables:
•Boundary CADD file for final deliverables with updated right-of-way and center lines
3.1 Hydrology and Hydraulics Analysis
Michael Baker will prepare a hydrology and hydraulics analysis report for the existing and proposed conditions.
Michael Baker will create hydrology maps based on existing tributary areas and perform drainage calculations
document the potential drainage impacts from the proposed curb bulb outs, median refuge islands, and raised
crosswalks. The report will also support the design of any additional drainage infrastructure required to meet the
City’s drainage and engineering standards. The existing and future flooded width will be analyzed to determine
if the proposed traffic calming improvements will cause flooding impacts to the travel lanes and areas outside the
public right-of-way.
Task 3.1 Deliverables:
•Hydrology and Hydraulics Report at the 60%, 90%, 100% and Final milestone submittals
3.2 Stormwater Quality Management Plan
Michael Baker will prepare a Stormwater Quality Management Plan (SWQMP) to analyze and document compliance
with the current version of the City of Carlsbad BMP design manual for the proposed improvements on Faraday
Avenue. It is anticipated the traffic calming project will qualify for a Priority Development Project Green Street
exemption and will not be subject to hydromodification requirements. It is assumed that infiltration BMPs will
be infeasible due to either poor infiltration or geotechnical hazards and that infiltration feasibility forms can be
completed based on soil information provided by the City from the Veteran’s Memorial Park onsite geotechnical
investigations. Proposed BMPs may include tree wells, biofiltration, and/or proprietary biofiltration.
Task 3.2 Deliverables:
•Green Street SWQMP Report at the 60%, 90%, 100% and Final milestone submittals
3.3 Improvement Plans
Michael Baker will prepare civil and traffic improvement plans for the proposed traffic calming infrastructure
on Faraday Avenue within the public right-of-way. The limits of improvements will be on Faraday Avenue from
Cannon Road to the eastern limits of the ultimate Veterans Memorial Park (approximately 3,000 linear feet). The
improvements are anticipated to include pavement rehabilitation, curb pop-outs, median improvements, raised
cross-walks, curb ramps, driveways, signing/striping, enhanced crosswalks with rectangular rapid flashing beacons
(RRFBs), and drainage infrastructure. If it is determined storm drain improvements are required following the
hydrology analysis, it is assumed improvements will be limited to the drainage infrastructure on Faraday Avenue and
no downstream improvements will be included.
TASK 3: ENGINEERING SERVICES
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4MICHAEL BAKER INTERNATIONAL ▬ CITY OF CARLSBAD ▬ FARADAY AVENUE TRAFFIC CALMING AND MOBILITY IMPROVEMENTS
SCOPE
The improvement plans are anticipated to include the following sheets:
•Title Sheet and General Notes (2 Sheets)
•Typical Sections (1 Sheet)
•Demolition Plans (2 Sheets – 20 Scale)
•Improvement Plan and Profiles (4 Sheets – 20 Scale)
•Construction Details (2 Sheets)
•Signing and Striping Plans and RRFB Details (3 Sheets – 40 Scale)
•Drainage Plans and Details (2 Sheets – 20 Scale)
If it is determined storm drain improvements are required following the hydrology analysis, it is assumed
improvements will be limited to the drainage infrastructure on Faraday Avenue and no downstream improvements
will be included. At the east driveway location, road widening is anticipated to accommodate the eastbound
left turn pocket, thru lane, and buffered bike lane. The proposed pavement section for the widening is assumed
to match existing pavement section of the roadway per Faraday Avenue as-builts or through pavement coring
investigation (see optional task 5.2). Per the exhibit provided in the RFP, the storage length of the left turn pocket is
assumed to be 200 feet.
Task 3.3 Deliverables:
•Improvement Plans at the 60%, 90%, 100% and Final milestone submittals
•Response to comments matrix for previous plan-check comments
3.4 Specifications
The specifications will detail technical information and construction methods, in a standard Green Book format or
using a city-supplied specification template. The bid schedule and specifications shall include all bid items from
the cost estimate. This assumes that the city will prepare front-end documents and Michael Baker will add the
specification and provisions for the improvements on the plans.
Task 3.4 Deliverables:
•Bid schedule (PDF and MS Word) at the 60%, 90%, 100% and Final milestone submittals
•Project Technical Specifications (PDF and MS Word) at the 90%, 100% and Final milestone submittals
3.5 Engineer’s Estimates
The engineer’s estimate will include all quantities and estimate of probable cost for construction. The estimate will
include bid item description, bid unit, unit price and total price for each bid item along with a project contingency.
The unit costs for each bid item will be based on the most current cost information from recent, similar project bids.
Task 3.5 Deliverables:
•Engineer’s Estimate at the 60%, 90%, 100% and Final milestone submittals
4.1 Bid Support
During the bid phase of the project, Michael Baker International will respond to bidder questions related to the
project plans and prepare bid addendums as required. Michael Baker will attend pre-bid meetings and provide
additional bid support as requested by the City.
Task 4.1 Deliverables:
•Written responses to questions from bidders and improvement plan and specification addendums as required.
4.2 Construction Support
During the construction phase of the project Michael Baker will support the project Construction Manager as
requested by the City. Support tasks are anticipated to include attending the pre-construction meetings, respond
to requests for information, submittal reviews, and attend contractor progress meetings as requested by the City.
TASK 4: BID AND CONSTRUCTION SUPPORT SERVICES
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5MICHAEL BAKER INTERNATIONAL ▬ CITY OF CARLSBAD ▬ FARADAY AVENUE TRAFFIC CALMING AND MOBILITY IMPROVEMENTS
As the level of construction support efforts are unknown at this time, the assumed budgeted hours are four (4) hours per weeks for a three (3) month construction period. Additional support can be provided on an hourly basis depending on project needs.
Task 4.2 Deliverables:
•Written responses to RFIs, submittals and other construction support documentation as needed.
4.3 Project Closeout
Michael Baker will assist the City with closing out the project. All red-line plan changes will be incorporated into as-built plans for review and approval by the City Inspector and City Engineer. All appropriate supporting documents and files will be provided to the City per their request.
Task 4.3 Deliverables:
•Final signal as-built plans and electronic copies of all project files.
The following services may be required to support the design and are listed as optional tasks in the fee schedule. Budget for these tasks were developed based on assumptions following the review of the RFP and traffic calming improvement exhibits. Inclusion and budget for these tasks are subject to change following design milestones and coordination with the City’s project manager.
5.1 – Potholing
Should underground drainage improvements be required and crossing are anticipated with existing utilities, this
optional task is recommended to be used. Additionally, this task can be used to investigate the existing pavement
section if required. Potholes will be proposed at potential conflicts with storm drain crossings with subsurface
utilities and/or locations where potential road widening is anticipated. Michael Baker will work with AirX Utility
Surveyors to prepare traffic control plans, obtain City permit, back-fill the potholes as required and submit a pothole
report. For estimating purposes, a total of four (4) potholes are budgeted for this task. Michael Baker will coordinate
with the City’s project manager and obtain approval prior to beginning this task.
Assumptions and Exclusions
▬Environmental support, permitting, or documentation is not included in this scope of work.
▬It is assumed all work will be occurring in the City of Carlsbad Public Right-of-way and no property easements or
acquisitions will be required.
▬If required, coordination with NCTD is assumed to be performed by the City.
▬The boundary survey provided by the City for the onsite Veteran’s Memorial Park is assumed to be used for this
design.
▬Traffic Control Plans are assumed to be prepared by the contractor and are excluded from this scope of work.
▬Monument preservation (pre/post corner records) is assumed to be completed by the contractor and is excluded
from this scope of work.
▬If required, dry utility relocations and design is assumed to be performed by the asset owner and is not included
in this scope of work.
▬Any median improvements are assumed to implement hardscape (matching existing color and patterns) and
landscape and irrigation plans will not be required.
▬If required, it is assumed street light relocations can be included on the civil improvement plans and will not
require photometric analysis or SDG&E coordination.
▬All other items not explicitly outlined in the above scope of work.
Should the project improvement require any of the exclusions listed above, Michael Baker can coordinate with the City project manager to provide additional consulting services.
TASK 5: OPTIONAL SERVICES
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May 7, 2024 Item #4 Page 25 of 28
PBMW
MW
PB
50
5
0
A
v
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A
K
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T
L
.
C
O
M
LE
G
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N
D
May 7, 2024 Item #4 Page 26 of 28
Exhibit 2
PB
MW
MW
PB
PB PB
PB
50
5
0
A
v
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a
E
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c
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May 7, 2024 Item #4 Page 27 of 28
PB
MW
IR
R
MW
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PB
PB
PB
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EM
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PB
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PB
PB
MW
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.
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LE
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N
D
May 7, 2024 Item #4 Page 28 of 28