HomeMy WebLinkAbout2026-07-28; City Council; Resolution 2026-160Exhibit 1
RESOLUTION NO. 2026-160 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH DUDEK FOR ADDITIONAL ENGINEERING
DESIGN AND ENVIRONMENTAL PERMITTING SERVICES FOR THE MERWIN
DRIVE STORM DRAIN IMPROVEMENT PROJECT, INCREASING THE NOT-TO-
EXCEED AMOUNT TO $575,467 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 design and construct the Merwin Storm Drain Improvement
Project, Capital Improvement Program, or CIP, Project No. 6608, or Project; and
WHEREAS, on Sept. 14, 2021, the City Council adopted Resolution No. 2021-206, authorizing a
professional services agreement, or Agreement, with Dudek to provide engineering design and
environmental permitting support services for the Project, in an amount not to exceed $299,597; and
WHEREAS, on Dec. 27, 2023, Amendment No. 1 to the Agreement was executed to revise the
scope of services for an additional fee of $70,000; and
WHEREAS, on Sept. 9, 2024, Amendment No. 2 to the Agreement was executed to extend the
term for a period of one year and to revise the indemnification obligation; and
WHEREAS, on Sept. 9, 2025, Amendment No. 3 to the Agreement was executed to extend the
term for a period of one year; and
WHEREAS, the term of Agreement currently ends on Sept. 13, 2026; and
WHEREAS, to complete the Project, the parties desire to amend the scope of work for additional
engineering design and environmental permitting support services, for an additional amount of
$205,870 for a total agreement not-to-exceed amount of $575,467, and to extend the term by two
years until Sept. 12, 2028; and
WHEREAS, staff request that the City Manager be authorized to extend the term for an
additional one-year extension to Sept. 12, 2029, if necessary; 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. 4 to the Agreement.
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.
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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. 4 to the Professional Services Agreement with Dudek for
additional engineering design and environmental permitting services for the Merwin
Drive Storm Drain Improvements Project, CIP Project No. 6608, to increase the not-to-
exceed amount to $575,467 and extend the term of the agreement to Sept. 12, 2028, as
described in Attachment A, is hereby approved, and the Mayor is hereby authorized and
directed to execute said Amendment.
4.That the City Manager is authorized to execute an additional one-year extension to
extend the term of the agreement to Sept. 12, 2029, if necessary.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 28th day of July, 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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City Attorney Approved Version 4/16/2026
1
AMENDMENT NO. 4 TO EXTEND AND AMEND AGREEMENT FOR
MERWIN DRIVE STORM DRAIN IMPROVEMENTS
DUDEK
This Amendment No. 4 is entered into and effective as of the _______ day of
___________________________, 2026, extending and amending the agreement dated
September 14, 2021 (the “Agreement”), by and between the City of Carlsbad, California, a
municipal corporation (“City”), and Dudek, a California corporation (“Contractor”) (collectively,
the “Parties”) for engineering design and environmental permitting.
RECITALS
A.The Agreement had an initial term of three years as reflected in Section 3 (Term)
of the Agreement, with the City Manager having authority to amend the Agreement to extend it
for three (3) additional one (1) year periods or parts thereof; and
B.On December 27, 2023, the Parties executed Amendment No. 1 to the Agreement
to include civil engineering design and environmental assessment and permitting services; and
C.On September 9, 2024, the Parties executed Amendment No. 2 to the Agreement
to extend the Agreement for a period of one (1) year and to amend the indemnification obligation
in the Agreement; and
D.On September 9, 2025, the Parties executed Amendment No. 3 to the Agreement
to extend the Agreement for a period of one (1) year.
E.The Parties desire to amend the Agreement’s scope of work to include additional
engineering design and environmental permitting services; and
F.The Parties now desire to extend the Agreement for a period of two (2) years plus
an optional one-year (1-year) extension; 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:
1.That the Agreement, as may have been amended from time to time, is hereby
extended for a period of two (2) years ending on September 13, 2028.
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Attachment A
PSA22-1595TRAN
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July
29th
PSA22-1595TRAN
City Attorney Approved Version 4/16/2026
2
2. That the City Manager may amend the Agreement to extend it for one (1)
additional one (1) year period or part thereof, such extension terminating, at the latest, on
September 12, 2029. An extension, if any, will be based upon a satisfactory review of Contractor’s
performance, City needs, and appropriation of funds by the City Council. In case of such
extension, the Parties will prepare a written amendment indicating the effective date and length
of the extended Agreement.
3. 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 two hundred five thousand eight hundred seventy dollars
($205,870). 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.
4. With this Amendment, the total Agreement amount shall not exceed five hundred
seventy-five thousand four hundred sixty-seven dollars ($575,467).
5. Contractor will complete all work described in Exhibit “A” by September 13, 2028.
6. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
7. 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.
8. 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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PSA22-1595TRAN
City Attorney Approved Version 4/16/2026
3
CONTRACTOR
DUDEK, a California corporation
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: By:
(sign here)
KEITH BLACKBURN, Mayor
Joe Monaco, President
(print name/title) ATTEST:
SHERRY FREISINGER, City Clerk
By:
By:
(sign here)
Assistant City Clerk
Amy M. Paul, 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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PSA22-1595TRAN
City Attorney Approved Version 4/16/2026
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EXHIBIT “A”
SCOPE OF SERVICES AND FEE (AMENDED)
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Merwin Drive Storm Drain Improvement – New Alternative Alignment 1
Merwin Drive Storm Drain Improvements –
New Alternative Alignment
At the request of the City, Dudek is requested to evaluate the feasibility and prepare design plans to reroute the proposed
storm drain to connect to the storm drain system located in Ashberry Street. Dudek will perform additional drainage
calculations for the existing storm drain system including analysis of system impacts on Ashberry Street and will
incorporate revised storm drain changes based on the construction of the Cannon Road pump station facility. Dudek will
also provide additional support to respond to comments in the Planning Division Early Assessment Memorandum that
include preparing a FEMA floodplain impact memorandum documenting that the project is not located within the FEMA
mapped floodplain. In addition, the project timeline has extended and this amendment includes project management
time for the additional time. The following scope items are needed to complete the construction documents.
Task 1 Project Management
Dudek will provide project management tasks including project progress reports and invoices and other project
and subconsultant coordination task. It is assumed that there will be twelve (12) months of project management
time.
Task 2 Feasibility Analysis
Dudek will perform a feasibility analysis to evaluate the alternative to connect the proposed storm drain system to
the storm drain system in Ashberry Street. The proposed project would enter the Ashberry storm drain system at
the storm drain manhole located in the parkway of Cannon Road that is approximately 160 feet east of the
Cannon Road and Frost Avenue intersection.
•Dudek will perform an analysis to evaluate the Ashberry-Frost-Merwin storm drain system in WSPG for the
10-year and 100-year storm events. Using the Drainage Report for Kelly Ranch Village E (Village E report)
analysis, Dudek will estimate the 10-year storm event flow rate for various inputs into the storm drain
system and then update the WSPG model with those flow rates to evaluate the capacity of the existing
storm drain system. As part of this analysis, Dudek will review the flood depth in the roadway using
Mannings equation to determine the depth of flow within the street for the flows that are outside the
capacity of the existing storm drain system in Ashberry. Dudek will also evaluate upsizing the existing inlet
in the Ashberry cul-de-sac. Dudek will update the Merwin Drive storm drain plan and profile to evaluate
the utilities that may be impacted by the new alignment. Dudek will also evaluate changes to the plan and
profile by reducing the cover for east inlet storm drain lateral on Merwin Drive to six inches and reducing
the pipe size to 18 inches. Dudek will evaluate the extent of ponding that will occur within Merwin Drive
with the proposed condition for the 100-year storm event. Dudek will design the storm drain system to
convey the 10-year storm event peak flow rate in the pipe and maintain the 100-year storm event peak
flow rate within the right-of-way. Dudek will provide exhibits and email summary of the results.
•Dudek will update the Ashberry WSPG model to include the proposed Merwin storm drain system
extension. As part of this analysis, Dudek will update the hydrology from the Village E report using the AES
software. Dudek will use the inlet level flow rate calculations from the Village E report and route the flows
using the AES through the various pipes and confluences to provide flow rates and time of concentration
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Merwin Drive Storm Drain Improvement – New Alternative Alignment 2
for the critical locations along the Ashberry-Frost-Merwin storm drain system. The updated hydrology
analysis will be performed for the 10-year and 100-year storm events. Using the updated hydrology
results, the WSPG model for the Ashberry-Frost-Merwin storm drain system will be updated for both storm
events in the proposed condition. Dudek will then evaluate the maximum capacity for the portion of the
storm drain system located in Ashberry Road as well as estimate the portion of the flows over capacity
that will be conveyed within Ashberry Road. Dudek will provide exhibits and email summary of the results.
•Dudek will evaluate the extent of the ponding that will occur within Ashberry Street with the proposed
condition for the 100-year storm event. Dudek initially performed this evaluation assuming the overflow
pipe from the plans does not exist before it was field verified. Dudek will then perform a detention basin
analysis in Hydraulic Toolbox program using the 12-inch overflow pipe from the plans to estimate the
maximum water surface elevation on the surface in Ashberry Street cul-de-sac. Dudek will perform an
additional analysis to evaluate the size of an additional overflow that reduces the flooding to the right-of-
way. Dudek will provide exhibits and email summary of the results.
Task 3 Construction Documents.
The construction documents will be updated to connect the proposed storm drain system to the storm drain system
located in Ashberry Road. The revised storm drain alignment will connect into the storm drain system at the existing
storm drain cleanout located in the parkway along Cannon Road. The Ashberry Road overflow pipe design will be included
in the updated construction documents.
3.1 Update Drainage Report
Dudek will update the drainage report based on the revised design to connect the proposed storm drain to the new
connection point. The report will include the analysis of the Ashberry Road overflow pipe. The report will summarize
and update the relevant analyses from Task 2 for documentation in the drainage report. It is assumed that there
will be one round of comments on the draft report that will be addressed for the final report.
Deliverables: Updated Drainage Report (electronic copy)
3.2 Update Geotechnical Report
Group Delta will perform a geotechnical review of the construction documents, attend design meetings, and update
the geotechnical report on an as-needed basis to incorporate the recent changes to the storm drain alignment.
Deliverables: Updated Geotechnical Report (electronic copy)
3.2 Utility Conflict Coordination
It is estimated that the proposed alignment will increase the number of utility conflicts that will require coordination
with the other utility agencies. Currently it is estimated there may be four electrical/communication line conflicts,
three gas line conflicts, one water service conflict, and two water line conflicts will need to be coordinated with their
respective agencies including exhibits to coordinate relocations. It is assumed that no profiles will be required to
address these conflicts on the design plans.
3.3 100-Percent Design Submittal
Dudek will update the 100-percent Design Drawings submittal to revise the pipeline alignment to the new
connection point. This will include evaluating the design based on new pothole information for the existing utilities
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Merwin Drive Storm Drain Improvement – New Alternative Alignment 3
in Cannon Road at the new crossing. It is assumed the following sheets will need updates: title sheet, legend
sheet, pothole and demo plan sheet, staging plan, three storm drain plan and profile sheets, resurfacing and
striping plan, and additional planting and irrigation plan sheets for the new crossing. Additional sheets will be
prepared at the Ashberry Road overflow pipe for the proposed pipe and planting and irrigation. The specifications
will be reviewed and updated as needed and an updated cost estimate will be prepared.
Deliverables: 100% Design Plans, Specification and Cost Estimate (electronic copy)
3.4 Final Design Submittal
Dudek will update the design drawings, specification and cost estimate based on City comments on the 100-
percent design submittal. It is assumed that there will be one round of comments and there will be no significant
changes in the alignment of the project. The drawings and specifications shall be stamped and signed by a
professional engineer of the appropriate engineering discipline, as well as landscape architect registered in the
State of California.
Deliverables: Final Design Plans, Specification and Cost Estimate (electronic copy)
3.5 Landscape and Irrigation Plans
This scope includes revisions to the existing plans, as needed, to address Parks Department comments and any
design changes resulting from the storm drain redesign. Dudek will update the 100-percent landscape demolition,
planting, and irrigation sheets for the pocket park area at the terminus of Merwin Drive, as well as provide new
landscape demolition, planting, and irrigation sheets for additional, in-kind landscape replacement areas at the
proposed storm sewer connection along Cannon Road near Millay Court and for the proposed sewer line overflow
near the Ashberry Road cul-de-sac. Landscape replacement plans were substantially developed under the
previous contract; however, comments from the Parks Department have not yet been received. These updates will
be limited to the areas directly affected by the revised alignment and will support in-kind replacement of disturbed
landscaping consistent with the surrounding landscape areas.
This scope assumes that habitat restoration plans will not be required. It is further assumed that the existing
sheets for the pocket park area along Merwin Drive will require only minor revisions in response to Parks
Department comments or storm drain design updates, and that a full redesign of existing sheets is not included.
For new in-kind landscape replacement areas at the proposed storm sewer connection along Cannon Road near
Millay Court and for the proposed sewer line overflow near the Ashberry Road cul-de-sac, it is assumed that up to
six additional plan sheets will be required to document proposed landscape demolition, planting, and irrigation
needs. A single round of review is assumed following preparation of the revised and new landscape plan sheets.
Deliverables: 100% Design and Final Design Landscape and Irrigation Plans (electronic copy)
Task 4 – Permitting and Environmental Processing
Based on the current project understanding, Dudek anticipates that the project will continue to qualify for a Categorical
Exemption under Class 2 (Replacement or Reconstruction) pursuant to CEQA Guidelines Section 15302. The project
consists of the replacement and reconfiguration of existing storm drain infrastructure to restore and improve conveyance
of existing stormwater flows within the same drainage service area.
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Merwin Drive Storm Drain Improvement – New Alternative Alignment 4
In the event the City, as Lead Agency, determines that the project does not qualify for a Categorical Exemption, Dudek
assumes that CEQA compliance would proceed through preparation of an Initial Study/Mitigated Negative Declaration
(IS/MND). Preparation of the IS/MND, if required, would be provided under a separate or revised scope and fee.
4.1 Categorical Exemption Update
Dudek will update the previously prepared Notice of Exemption (NOE) and supporting documentation to reflect the
revised project alignment and connection point. Dudek assumes the project continues to qualify for a Class 2
Categorical Exemption (CEQA Guidelines §15302(c)), which applies to the replacement or reconstruction of
existing utility systems involving negligible or no expansion of capacity.
The revised alignment reconfigures the storm drain system, including modifications to pipe alignment, connection
points, and associated infrastructure. The project would continue to serve the same drainage basin and would not
expand the drainage service area or introduce new sources of runoff. Any changes to pipe size, configuration, or
hydraulic characteristics are assumed to be limited to meeting current engineering standards, improving system
performance, and restoring reliable conveyance of existing flows, and are not intended to facilitate new
development or increase stormwater flows beyond those generated by the existing service area.
This task includes updates to the NOE and supporting documentation, including revisions to the project
description, figures, exemption justification, and analysis of exceptions to categorical exemptions pursuant to
CEQA Guidelines Section 15300.2, as applicable to the revised project configuration and updated technical
studies. Dudek will also address outstanding City comments related to the environmental documentation.
This task includes project management and administration, coordination with the City and project team, internal
quality control, and participation in project meetings. Dudek will assist with preparation, noticing, and filing of the
NOE.
Deliverables: Draft and Final updated NOE and supporting Categorical Exemption documentation (electronic copy)
4.2 Biological Resources Memorandum Update
Dudek biologists will conduct a survey to identify vegetation communities and land cover within the proposed
project disturbance area, and an approximate 100-foot buffer (study area), to identify the potential for any
sensitive biological resources on site. The survey area will include the total proposed disturbance area for the
proposed storm drain. Based on information provided, we do not predict significant impacts to biological
resources and should any potential suitable conditions for sensitive species exist those areas would be avoided by
the City. A formal jurisdictional delineation is not included in this scope of work; however, the study area will be
evaluated for the potential to support jurisdictional waters regulated under the federal Clean Water Act, California
Fish and Game code, and Porter-Cologne Water Quality Act. The results of the survey will be incorporated into the
existing letter for submission to the City, and in support of the exemption finding. It is assumed that the survey,
including travel time, will be completed within one (1) day and that no significant impacts or mitigation will be
required. This scope of work does not include any focused surveys.
Deliverable: Draft and Final Biological Resources Letter Report (electronic copy)
4.3 Cultural Resources Memorandum Update
Dudek will update the 2025 Cultural Resources Survey Report for the Merwin Drive Storm Drain Improvement
Project to include the New Alternative Alignment. The updated cultural resources report will document the
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Merwin Drive Storm Drain Improvement – New Alternative Alignment 5
previous results of the CHRIS records search, provide the updated project description, and updated maps. The
report will discuss the potential for project construction to impact cultural resources, pursuant to CEQA and
Carlsbad regulations.
As the majority of the project site is located on developed parcels and a previous survey was conducted for the
previous project alignment; a pedestrian survey is not necessary.
Additionally, Dudek will complete a paleontological resources desktop review. Dudek's qualified paleontologist will
complete a records search at the San Diego Natural History Museum to determine the location of any previously
recorded fossil discoveries. The records search will also provide information necessary to develop paleontological
sensitivity determinations for the project area. Dudek will prepare a paleontological resources letter report that
will include all necessary information, including records search results, , and initial paleontological sensitivity
determinations, and provide recommendations for future management considerations or treatment.
Deliverables: Draft and Final Cultural/Paleontological Resources Memorandums (electronic copy)
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July 28, 2026 Item #3 Page 15 of 16
Docusign Envelope ID: 5B1A34AF-0D63-8E53-81FC-4C85FE129280