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HomeMy WebLinkAbout2026-04-28; City Council; Resolution 2026-079Exhibit 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. April 28, 2026 Item #2 Page 5 of 14 Docusign Envelope ID: E1225620-09A0-45A1-9049-51072ACB876E 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) April 28, 2026 Item #2 Page 6 of 14 Docusign Envelope ID: E1225620-09A0-45A1-9049-51072ACB876E TRAN1651 City Attorney Approved Version 5/30/2025 1 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 Docusign Envelope ID: 52986081-A134-4D28-84D1-D137A4D172E4 April 28, 2026 Item #2 Page 7 of 14 Docusign Envelope ID: E1225620-09A0-45A1-9049-51072ACB876E April 30th TRAN1651 City Attorney Approved Version 5/30/2025 2 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] Docusign Envelope ID: 52986081-A134-4D28-84D1-D137A4D172E4 April 28, 2026 Item #2 Page 8 of 14 Docusign Envelope ID: E1225620-09A0-45A1-9049-51072ACB876E TRAN1651 City Attorney Approved Version 5/30/2025 3 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 Docusign Envelope ID: 52986081-A134-4D28-84D1-D137A4D172E4 April 28, 2026 Item #2 Page 9 of 14 Docusign Envelope ID: E1225620-09A0-45A1-9049-51072ACB876E TRAN1651 City Attorney Approved Version 5/30/2025 4 EXHIBIT “A” SCOPE OF SERVICES AND FEE (AMENDED) Docusign Envelope ID: 52986081-A134-4D28-84D1-D137A4D172E4 April 28, 2026 Item #2 Page 10 of 14 Docusign Envelope ID: E1225620-09A0-45A1-9049-51072ACB876E 1 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.) Docusign Envelope ID: 52986081-A134-4D28-84D1-D137A4D172E4 April 28, 2026 Item #2 Page 11 of 14 Docusign Envelope ID: E1225620-09A0-45A1-9049-51072ACB876E 2 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.) Docusign Envelope ID: 52986081-A134-4D28-84D1-D137A4D172E4 April 28, 2026 Item #2 Page 12 of 14 Docusign Envelope ID: E1225620-09A0-45A1-9049-51072ACB876E 3 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.) Docusign Envelope ID: 52986081-A134-4D28-84D1-D137A4D172E4 April 28, 2026 Item #2 Page 13 of 14 Docusign Envelope ID: E1225620-09A0-45A1-9049-51072ACB876E 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 31 0 2 6 0 2 4 0 2 2 5 2 1 0 1 9 0 1 8 0 1 3 5 1 8 5 1 3 0 /H R / H R / H R / H R / H R / H R / H R / H R / H R / H R In c l u d i n g 0 . 0 % M a r k u p Ta s k 6 Sit e V i s i t s / M e e t i n g s / Ge n e r a l S u p p o r t $ - $ - $ - $ - $ - Re v i e w C o n t r a c t o r S h o p Dr a w i n g s / S u b m i t t a l s $ - $ - $ - $ - $ - Re s p o n d t o R F I s $ - $ - $ - $ - $ - Wa l k - t h r u a n d C h e c k l i s t fo r E a c h P h a s e $ - $ - $ - $ - $ - Ch e r r y P l a t f o r m D e s i g n / Blu f f S o i l S t a b i l i z a t i o n 2 4 2 0 40 20 86 $ 1 7 , 7 6 0 $ - $ - $ 1 9 , 0 6 0 $ 3 6 , 8 2 0 Ch e r r y E x i s t P i l e R e t r o f i t 2 4 2 0 40 20 86 $ 1 7 , 7 6 0 $ - $ - $ 1 3 , 8 1 5 $ 3 1 , 5 7 5 Ch e r r y A d d S t o r m D r a i n 1 2 4 16 20 43 $ 8 , 5 3 0 $ - $ - $ - $ 8 , 5 3 0 Re c o r d D r a w i n g s $ - $ - $ - $ - $ - Su b t o t a l 5 1 0 4 4 96 60 2 1 5 $ 4 4 , 0 5 0 $ - $ - $ 3 2 , 8 7 5 $ 7 6 , 9 2 5 Ta s k 7 C O N S T R U C T I O N M O N I T O R I N G Re v i s e D r a f t M M R P / Co m p l i a n c e V e r i f i c a t i o n $ - $ - $ - $ - $ - Su b t o t a l $ - $ - $ - $ - $ - Ta s k 8 Re i m b u r s a b l e E x p e n s e s $ 3 2 5 $ - $ - $ - $ 3 2 5 Su b t o t a l $ 3 2 5 $ - $ - $ - $ 3 2 5 5 1 0 4 4 96 60 21 5 $ 4 4 , 3 7 5 $3 2 , 8 7 5 $ 7 7 , 2 5 0 Su b c o n s u l t a n t s CO N S T R U C T I O N S U P P O R T S E R V I C E S RE I M B U R S A B L E EX P E N S E S To t a l C o s t - T a s k s 1 t h r u 8 GH D - C o m p e n s a t i o n a n d F e e S c h e d u l e (Ad d e n d u m 5 ) Da t e : 1 / 2 3 / 2 0 2 6 CI T Y O F C A R L S B A D - B E A C H A C C E S S R E P A I R S A L O N G C A R L S B A D B L V D TR A N 1 6 5 1 ; E x h i b i t A ( c o n t . ) Do c u s i g n E n v e l o p e I D : 5 2 9 8 6 0 8 1 - A 1 3 4 - 4 D 2 8 - 8 4 D 1 - D 1 3 7 A 4 D 1 7 2 E 4 April 28, 2026 Item #2 Page 14 of 14 Docusign Envelope ID: E1225620-09A0-45A1-9049-51072ACB876E