HomeMy WebLinkAbout2026-04-28; City Council; 02; Amendment No. 5 to the Agreement with GHD Inc. for Additional Construction Support Services for the Beach Access Repairs and Upgrades from Pine Avenue to Tamarack AvenueCA Review TL
Meeting Date: April 28, 2026
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Tom Frank, Transportation Director/City Engineer
tom.frank@carlsbadca.gov, 442-339-2766
Subject: Amendment No. 5 to the Agreement with GHD Inc. for Additional
Construction Support Services for the Beach Access Repairs and
Upgrades from Pine Avenue to Tamarack Avenue Project
District: 1
Recommended Action
Adopt a resolution approving Amendment No. 5 to the professional services agreement with
GHD Inc., for additional construction support services for the Beach Access Repairs and
Upgrades from Pine Avenue to Tamarack Avenue Project, increasing the not-to-exceed amount
by $77,250 and extending the term by two years.
Executive Summary
The Beach Access Repairs and Upgrades from Pine Avenue to Tamarack Avenue Project is in
construction as part of the city’s Capital Improvement Program Project No. 3896. The project
will make necessary repairs and upgrades to the five beach access stairways, the elevated
upper sidewalk, hand railings, guardrails and lighting on the west side of Carlsbad Boulevard
between Pine Avenue and Tamarack Avenue. These are heavily used access routes to the beach
that attract thousands of residents and visitors year-round.
The City Council authorized a professional services agreement with GHD Inc., the project’s
engineer of record, in January 2018. The agreement has been amended four times and is set to
expire on May 9, 2026.
To address field conditions encountered during construction, staff requested that GHD Inc.
provide additional construction support services to design the upper platform at Cherry
Avenue, retrofit the Cherry Avenue stairway platform supports and modify an existing drainage
inlet on Carlsbad Boulevard.
Staff are requesting an amendment to the agreement with GHD Inc. to supplement the scope of
work, increase the not-to-exceed amount by $77,250 and extend the term for an additional two
years until May 8, 2028.
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Sufficient funding is available in the project’s account to cover the additional cost needed for
this amendment. Approval of the proposed fifth amendment exceeds the City Manager’s
authority under Carlsbad Municipal Code Section 3.28.040(D)(3) and requires the City Council’s
approval.
Explanation & Analysis
Most of the upper and lower sidewalks, along with the sea wall and stairways along the west
side of Carlsbad Boulevard between Pine Avenue and Tamarack Avenue, were built between
1986 and 1988. There are four elevated stairways within the project area, and one on-grade
stairway near Tamarack Avenue. The Cherry Avenue stairway and top platform pre-date the
larger 1980s project and are estimated to have been built over 60 years ago.
The city issued the notice to proceed for construction of the Beach Access Repairs and
Upgrades from Pine Avenue to Tamarack Avenue Project on Oct. 27, 2025.
During demolition of the Cherry Avenue upper foundation and platform supports, the
contractor found unforeseen field conditions that required GHD Inc., as the engineer of record,
to perform design services to rework the upper foundation wall and reinforce the platform
supports. Amendment No. 5 adds this scope, along with design modifications to an existing
storm drain inlet, to GHD’s agreement and extends the term for two years.
Construction has been phased over 20 months to minimize the associated impacts along
Carlsbad Boulevard and Tamarack State Beach during the summer season from Memorial Day
through Labor Day. But due to the sequence of construction, the Cherry Avenue platform
supports will not be ready in time for the stairway’s structural supports and rails to be installed
before the summer moratorium.
The contractor will therefore focus on completing the upper sidewalk and railings between
Maple Avenue and Tamarack Avenue and the Hemlock Avenue beach access stairs by Memorial
Day. The contractor will then remove the construction equipment and materials from the site
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until after Labor Day, when it will return to immediately complete the Cherry Avenue beach
access stairs and start demolition on the Maple Avenue location. Once the Cherry Avenue
beach access is open, the Sycamore Avenue beach access will be closed for demolition and
construction.
Agreement timeline
Jan. 9, 2018 The City Council authorized execution of a professional
services agreement with GHD Inc. in an amount not to
exceed $500,000 to provide engineering and environmental
analysis for the project.
April 21, 2020 The City Council approved Amendment No. 1. The term of
the agreement was extended for an additional three-year
period, and the scope of services were amended to include
additional design improvements requiring additional studies
and analysis, and environmental analysis. The additional fees
were not to exceed $220,000 and the agreement term was
extended to May 8, 2023.
June 14, 2021 The agreement was amended a second time to include
services for a topographical survey along Carlsbad Boulevard
in an amount not to exceed $6,000.
Jan. 31, 2022 A third amendment in an amount not to exceed $99,855
added services to prepare visual simulations to develop the
plans, revise the project description to include additional
design features and revised technical studies, and add the
requirement for an additional 65%-completed design to be
submitted to the city. Amendment No. 3 increased the total
agreement not-to-exceed amount to $825,855.
May 9, 2023 The City Council approved a fourth amendment in an amount
not to exceed $189,935, which added services for additional
engineering design and environmental permitting and
extended the term by three years, until May 9, 2026.
The proposed Amendment No. 5 will provide additional funding in an amount not to exceed
$77,250 for GHD to provide additional construction support services for a new total agreement
amount not to exceed $1,093,040 and extend the term by two years until May 8, 2028.
Construction is anticipated to be completed by May 2027, and extending this agreement to
May 2028 would provide time for the consultant to perform the post-construction tasks needed
to close out the project.
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Fiscal Analysis
Sufficient funds are available in the budget for Capital Improvement Program Project No. 3896
budget to fund the additional construction services included in Amendment No. 5 to the
professional services agreement with GHD Inc.
Estimated costs and available funds
Beach Access Repairs and Upgrades from Pine Avenue to Tamarack Avenue
Capital Improvement Program Project No. 3896
Total appropriation to date $13,511,750
Total expenditures and encumbrances to date -$12,851,180
Total available funding $660,570
Additional project costs
Amendment No. 5 with GHD Inc. -$77,250
Remaining balance $583,320
Additional appropriation needed $0
Next Steps
Upon the City Council’s approval, staff will process Amendment No. 5 to the agreement, and
GHD Inc. will complete the additional construction services provided for in the amendment.
Construction will continue until Memorial Day 2026, and then the contractor will demobilize
until after Labor Day. The remaining construction work is targeted for completion by Memorial
Day 2027.
Environmental Evaluation
The proposed action is not a “project” as defined by the California Environmental Quality Act,
or CEQA, Section 21065 and CEQA Guidelines Section 15378(a) and does not require
environmental review under CEQA Guidelines Section 15060(c)(2) because the action is limited
to the amendment of a professional services agreement. The action has no potential to cause
either a direct physical change in the environment or a reasonably foreseeable indirect physical
change in the environment.
Exhibit
1.City Council resolution
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Exhibit 1
RESOLUTION NO. 2026-079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AMENDMENT NO. 5 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH GHD INC., FOR ADDITIONAL CONSTRUCTION
SUPPORT SERVICES FOR THE BEACH ACCESS REPAIRS AND UPGRADES FROM
PINE AVENUE TO TAMARACK AVENUE PROJECT, INCREASING THE NOT-TO-
EXCEED AMOUNT BY $77,250 AND EXTENDING THE TERM BY TWO YEARS
WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary,
desirable and in the public interest to make repairs and upgrades to stairways, sidewalks, handrails and
improve existing pathways to the beach area; and
WHEREAS, on Jan. 9, 2018, the City Council adopted Resolution No. 2018-002, authorizing GHD
Inc. to provide engineering and design services for the Beach Access Repairs and Upgrades from Pine
Avenue to Tamarack Avenue, Capital Improvement Program, or CIP, Project No. 3896, or Project, in an
amount not to exceed $500,000; and
WHEREAS, on April 21, 2020, the City Council adopted Resolution No. 2020-066, approving
Amendment No. 1 to the Agreement to revise the scope of services for an additional fee of $220,000
and extend the term of the Agreement by three years; and
WHEREAS, on June 14, 2021, Amendment No. 2 to the Agreement was executed to revise the
scope of services for an additional fee of $6,000; and
WHEREAS, on Jan. 31, 2022, Amendment No. 3 to the Agreement was executed to revise the
scope of services for an additional fee of $99,855; and
WHEREAS, on May 9, 2023, the City Council adopted Resolution No. 2023-119, approving
Amendment No. 4 to the Agreement to revise the scope of services for an additional fee of $189,935
and to extend the term of the Agreement by three years; and
WHEREAS, the term of Agreement currently ends on May 9, 2026; and
WHEREAS, to complete the Project, the parties desire to amend the scope of work for additional
construction support services, for an additional amount of $77,250 for a total agreement not-to-exceed
amount of $1,093,040, and to extend the term by two years until May 8, 2028; and
WHEREAS, sufficient funding from the General Capital Construction and Infrastructure
Replacement funds is available in the project account to cover the additional fee associated with
Amendment No. 5 to the Agreement.
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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 City Council has determined that the proposed action is not a “project” as
defined by the California Environmental Quality Act, or CEQA, Section 21065 and CEQA
Guidelines Section 15378(a) and does not require environmental review under CEQA
Guidelines Section 15060(c)(2) because the action is limited to the amendment of a
professional services agreement. The action has no potential to cause either a direct
physical change in the environment or a reasonably foreseeable indirect physical change
in the environment.
3. That the Amendment No. 5 to the Professional Services Agreement with GHD, Inc. for
additional construction support services for the Beach Access Repairs and Upgrades
from Pine Avenue to Tamarack Avenue Project, as described in Attachment A, is hereby
approved, and the Mayor is hereby authorized and directed to execute said
Amendment.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 28th day of April, 2026, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
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AMENDMENT NO. 5 TO EXTEND AND AMEND AGREEMENT FOR
BEACH ACCESS REPAIRS ALONG CARLSBAD BOULEVARD FROM PINE AVENUE TO TAMARACK AVENUE
GHD INC.
This Amendment No. 5 is entered into and effective as of the ___________ day of
___________________________, 2026, extending and amending the agreement dated January 10, 2018,
(the “Agreement”) by and between the City of Carlsbad, California, a municipal corporation (“City”), and
GHD Inc., a California corporation (“Contractor”) (collectively, the “Parties”) for Additional Construction
Support Services.
RECITALS
A.On April 24, 2020, the Parties executed Amendment No. 1 to the Agreement to extend
the term of the Agreement for an additional three (3) years, to amend and supplement the Scope of Work
to include widening the elevated upper sidewalk, and to increase the total amount paid for Services by
two hundred twenty thousand dollars ($220,000), for an amended not to exceed amount of seven hundred
twenty thousand dollars ($720,000); and
B.On June 14, 2021, the Parties executed Amendment No. 2 to the Agreement to amend
and supplement the Scope of Work for additional survey services along Carlsbad Boulevard, and to
increase the total amount paid for Services by six thousand dollars ($6,000), for an amended not to exceed
amount of seven hundred twenty-six thousand dollars ($726,000); and
C.On January 31, 2022, the Parties executed Amendment No. 3 to the Agreement to amend
and supplement the Scope of Work to include additional visual simulations of the proposed
improvements, additional design services for converting the existing guard rail to illuminated non-traffic
rated bollards, and additional biological mapping and CEQA services; and to increase the total amount
paid for Services by ninety-nine thousand eight hundred fifty-five dollars ($99,855), for an amended not
to exceed amount of eight hundred twenty-five thousand eight hundred fifty-five dollars ($825,855); and
D.On May 10, 2023, the Parties executed Amendment No. 4 to the Agreement to extend the
term of the Agreement for an additional three (3) years, to amend and supplement the Scope of Work to
include final engineering, environmental, permitting, and construction support for the completion of the
project, and to increase the not-to-exceed amount by one-hundred eighty-nine thousand nine hundred
thirty-five dollars ($189,935), for an amended not to exceed amount of one million fifteen thousand seven
hundred and ninety dollars ($1,015,790).
E.The Parties desire to amend the Agreement’s scope of work to provide additional
construction support; and
F.The Parties now desire to extend the Agreement for a period of two (2) years; and
G.The Parties have negotiated and agreed to a supplemental scope of work and fee
schedule, which is attached to and incorporated in by this reference as Exhibit “A”, Scope of Services and
Fee (Amended).
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein,
City and Contractor agree as follows:
Attachment A
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April
30th
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1.That the Agreement, as may have been amended from time to time, is hereby extended
for a period of one (1) year ending on May 8, 2028.
2.In addition to those Services contained in the Agreement, as may have been amended
from time to time, Contractor will provide those services described in Exhibit “A”. City will pay Contractor
for all work associated with those services described in Exhibit “A” on a time and materials basis not-to-
exceed seventy-seven thousand two hundred fifty dollars ($77,250). Contractor will provide City, on a
monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related
activities and costs for approval by City.
3.With this Amendment, the total Agreement amount shall not exceed one million ninety-
three thousand forty dollars ($1,093,040).
4.Contractor will complete all work described in Exhibit “A” by May 8, 2028.
5.All other provisions of the Agreement, as may have been amended from time to time, will
remain in full force and effect.
6.All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this Amendment.
7.The individuals executing this Amendment 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 Amendment.
[signatures on following page]
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CONTRACTOR
GHD INC., a California corporation
CITY OF CARLSBAD, a municipal corporation of
the State of California
By: By:
(sign here) KEITH BLACKBURN, Mayor
Jeremy Svehla,
Business Group Leader & Vice President
(print name/title) ATTEST:
SHERRY FREISINGER, City Clerk
By:
By:
Assistant City Clerk (sign here)
Lindsay Ray, Assistant Secretary
(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,
President, or
Vice-President
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
BY: _____________________________
Assistant City Attorney
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EXHIBIT “A”
SCOPE OF SERVICES AND FEE (AMENDED)
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Beach Access Repair Project – GHD Addendum 5 Scope
Jan 23, 2026
The City has requested that GHD provide the following proposed additional tasks to assist
with reconstructing on grade upper platform at Cherry Ave, retrofitting the Cherry Ave
stairway elevated platform support piles, and modifying the existing drainage inlet.
GHD is providing engineering services in support of the rehabilitation of the existing beach
access structures on the coastal bluff along Carlsbad Boulevard, from Pine Avenue to
Tamarack Avenue. These structures include the stairways from the top of the bluff (or
“upper sidewalk”) down to the beach constructed as part of the “Carlsbad Boulevard
Promenade” project in 1988. The stairway system at Cherry Avenue was built prior to the
1988 project, with no as-built record drawings available.
The Cherry Avenue upper platform had seen multiple temporary repairs occurring over
time to prevent the loss of soil and foundation material under and around the platform.
The historic loss of soil around the upper platform had been exacerbated by significant
storm events such as the recent 2023-2024 rainy season and the previous year’s rainy
season when a state of emergency was declared by the State. At risk of overturning, the
upper platform was demolished by the Contractor. The City requested that GHD design a
new reinforced concrete foundation for the upper Cherry Avenue stairway platform with
foundation support piers and adequately buried wing walls and slope stabilization
measures to account for future erosion.
The Cherry Avenue middle and lower platform support piles were exposed by the
Contractor. With no as-built record drawings available for the reinforced concrete
foundations, GHD will utilize field measurements and observations to update Sheet S-10
to better reflect the field conditions. GHD will also analyze the existing structure capacity
and design a retrofit of the foundation to support the new elevated platforms.
The existing drainage inlet at the top of the Cherry Ave stairway receives storm water from
both Carlsbad Blvd and the upper sidewalk. The inlet drains to the beach and the existing
piping and outlet cannot be upsized without considerable permitting effort and disturbance
to the slope. The City requested that GHD redesign the inlet to prevent future overflowing.
Due to the limited existing drainpipe size, an additional storm drain drop inlet is
recommended along Carlsbad Blvd to capture flow from the street and direct it to the
adjacent 30-inch RCP storm drainpipe.
TASK 1 CHERRY AVE UPPER PLATFORM RECONSTRUCTION
1.1 GEOTECHNICAL ANALYSIS AND RECOMMENDATIONS
ENGEO will provide design recommendations for the reconstruction of the Cherry Avenue
stairway upper platform. Efforts will include:
Perform a site inspection to assess the current condition of the bluff and extent of
erosion. The site inspection will be performed by a licensed geotechnical engineer
and engineering geologist.
Perform an engineering analysis calculating the expected loading on proposed
improvements by use of stability analysis or traditional earth pressure theory to
provide additional restraint to stabilize the bluff.
TRAN1651; Exhibit A (cont.)
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Amend ENGEO geotechnical report to incorporate slope observations and
engineering analysis and providing recommendations to reconstruct the platform.
This task will also include GHD coordination efforts related to the bluff stabilization design.
Deliverable:
- Stamped and signed addendum to ENGEO geotechnical report
1.2 UPPER PLATFORM STRUCTURAL DESIGN
GHD will design a new reinforced concrete foundation for the upper Cherry Avenue
stairway platform with foundation support piers and adequately buried wing walls and
slope stabilization measures to account for future erosion. A draft revised Sheet S-05 for
contractor estimating purposes and City review will be produced within 2 weeks of NTP
from the City. Final stamped and signed drawings with structural analysis calculations will
be produced within 4 weeks of NTP. Project specifications will be updated as needed.
Deliverables:
- Draft and final revised Sheet S-05 submitted as an electronic pdf file
- Stamped and signed structural calculations for platform foundation
Assumptions:
- City review comments received within one week of draft submittal
TASK 2 CHERRY AVE PLATFORM SUPPORT PILE RETROFIT
2.1 PLATFORM SUPPORT PILE RETROFIT
There were no as-built record drawings available for the reinforced concrete foundations
for the Cherry Ave stairway. The stairway was constructed prior to the other three (3)
elevated stairways on site. GHD will utilize field measurements and observations to
update Sheet S-10 to better reflect the field conditions. GHD will analyze the existing
structure capacity and design a retrofit of the foundation to support the new elevated
platforms. A draft revised Sheet S-10 for contractor estimating purposes and City review
will be produced within 2 weeks of NTP from the City. Final stamped and signed drawings
with structural analysis calculations will be produced within 4 weeks of NTP. Project
specifications will be updated as needed.
ENGEO will also provide additional geotechnical support to assist with this effort including
analysis / recommendations for the two existing concrete support pile retrofit.
Deliverables:
- Draft and final revised Sheet S-10 submitted as an electronic pdf file
- Stamped and signed structural calculations for platform foundation
Assumptions:
- City review comments received within one week of draft submittal
TRAN1651; Exhibit A (cont.)
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TASK 3 CHERRY AVE ADDITIONAL STORM DRAIN INLET
3.1 ADDITIONAL STORM DRAIN INLET
The existing drainage inlet at the top of the Cherry Ave stairway receives storm water from
both Carlsbad Blvd and the upper sidewalk. The inlet drains to the beach and the existing
piping and outlet cannot be upsized without considerable permitting effort and disturbance
to the slope. As an alternative, an additional storm drain drop inlet is recommended to
capture the flow from the street and direct it into the adjacent 30-inch RCP storm drainpipe
(see image below). GHD will run a hydraulic analysis of the existing system and area
drainage to size the drop inlet and verify the capacity of the system meets City criteria.
Deliverables:
-Draft and final revised Sheets C-16 and C-18 submitted as an electronic pdf file
-Stamped and signed hydraulic calculations for new drop inlet and piping
TRAN1651; Exhibit A (cont.)
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Task
Task Description
Senior Technical Director -
A01 (Principal Engineer)
Senior Technical Director -
A03 (Senior Engineering
Lead)
Technical Director 1 - A04
(Senior Engineer / Manager)
Technical Director 2 - A05
(Senior Engineer)
Senior Professional 1 - A06
(Project Engineer)
Senior Professional 2 - A07
(Project Engineer)
Professional 1 - A08
(Staff Engineer)
Professional 3 - A10
(Staff Engineer)
Design Technician 1 - B06
(CAD Designer)
Project Support 5 - D09
(Admin Support)
Total GHD Hours
GHD Labor COSTS
KTUA
(Landscape Architecture)
OCMI
(Cost Estimating)
ENGEO
(Geotechnical
Engineering)
Total Fee
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April 28, 2026 Item #2 Page 14 of 14
Docusign Envelope ID: E1225620-09A0-45A1-9049-51072ACB876E