Exhibit 1
RESOLUTION NO. 2026-166
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
CALIFORNIA, AUTHORIZING AMENDMENT NO. 5 TO THE AGREEMENT WITH GLENN A. RICK ENGINEERING & DEVELOPMENT CO. TO EXTEND THE TERM
OF THE AGREEMENT TO UPDATE THE DRAINAGE MASTER PLAN AND
CONDUCT A NEXUS STUDY AND FEE UPDATE AND AUTHORIZING
ADDITIONAL APPROPRIATION IN AN AMOUNT NOT TO EXCEED $28,000 W
HEREAS, on Sept. 17, 2019, the City Council adopted Resolution No. 2019-177, authorizing an agreement with Glenn A. Rick Engineering & Development Co. to update the Drainage Master Plan, as part of Capital Improvement Program, or CIP, Project No. 6623; and WHEREAS, the term of the agreement was for three years with the City Manager authorized to extend two additional one-year terms; and
WHEREAS, the City Manager extended the agreement twice, which would have expired on Sept. 16, 2024; and
WHEREAS, on Sept. 10, 2024, the City Council adopted Resolution No. 2024- 211, approving a time extension until Sept. 16, 2025, to complete the update of the Drainage Master Plan and for the City Manager to be authorized to extend the agreement an additional one -year period and to amend the agreement up to an additional $100,000, as needed to complete the project; and WHEREAS, the agreement with Glenn A. Rick Engineering & Development Co. to update the Drainage Master Plan expires on Sept. 16, 2026; and
WHEREAS, the Drainage Master Plan Update still requires additional technical analyses, a nexus study and fee update to complete this project; and
WHEREAS, staff negotiated a fee with Glenn A. Rick Engineering & Development Co. to perform additional technical analyses, a drainage facilities fee nexus study and an update to the planned local drainage area, or PLDA, fees for the Drainage Master Plan Update in an amount not to exceed $75,670; and
WHEREAS, City Council authorization is required to amend an agreement that exceeds the City Manager’s authority as delegated in the agreement under Carlsbad Municipal Code Section 3.28.040 (C)(8).
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.
Sept. 1, 2026
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2. That the City Council has determined that the proposed action is not a “project” as defined by 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 amending a professional service s agreement to update the Drainage Master Plan and conduct a fee nexus study . 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 Mayor is authorized and directed to execute the Amendment to the Agreement with Glenn A. Rick Engineering & Development Co. for the Drainage Master Plan Update Project to extend the agreement until Sept. 16, 2027, with a one-year additional extension authorized until Sept. 16, 2028, if needed, in an amount not to exceed $75,670 , which is attached hereto as Attachment A.
4. That the City Manager or designee is authorized to provide additional appropriation in an amount not to exceed $28,000 to Capital Improvement Program Project No. 6623.
5. Th at the City Manager is authorized to extend the agreement an additional one-year period or part thereof, such extension terminating, at the latest, on Sept. 16, 2028, and amend the agreement as needed to complete the project.
PASSED, APPROVED AND ADOPTED a t a Regular Meeting of the City Council of the City of Carlsbad on the 1st day of September, 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)
Sept. 1, 2026
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PSA20-855TRAN
City Attorney Approved Version 4/16/2026
1 AMENDMENT NO. 5 TO EXTEND AND AMEND AGREEMENT FOR
CARLSBAD DRAINAGE MASTER PLAN UPDATE
GLENN A. RICK ENGINEERING & DEVELOPMENT CO. dba RICK ENGINEERING COMPANY This Amendment No. 5 is entered into and effective as of the _______ day of ___________________________, 202 6, extending and amending the agreement dated September 17, 2019 (the “Agreement”), by and between the City of Carlsbad, California, a municipal corporation ( “City”), and Glenn A. Rick Engineering & Development Co., a California corporation d.b.a. Rick Engineering Company (“Contractor”) (collectively, the “Parties”) for civil engineering services.
RECITALS
A. The Agreement had an initial term of three (3) years as reflected in Section 3 (Term) of the Agreement, with the City Manager having authority to amend the Agreement to extend it for two (2) additional one (1) year period or parts thereof; and B. On September 28, 2022, the Parties executed Amendment No. 1 to the Agreement to include revised Draft DMP and Final DMP and to extend the Agreement for a period of one (1) year; and
C. On March 21, 2023, the Parties executed Amendment No. 2 to the Agreement to include revised feasibility analysis of Basin BJ considering the inclusion of a multi -family residential housing project and to extend the Agreement for a period of one (1) year; and D. On September 11, 2024, the Parties executed Amendment No. 3 to the Agreement to extend the Agreement for a period of one (1) year and amend the indemnification obligation in the Agreement; and
E. On May 22, 2025, the Parties executed Amendment No. 4 to the Agreement to include additional project management, meetings, and coordination, and revise near -final Drainage Master Plan to Final Drainage Master Plan and to extend the Agreement for a period of one (1) year; and
F. The Parties desire to a mend the Agreement’s scope of work to include supplemental analyses to support the preparation of a formal Drainage Facilities Nexus Study and updated Planned Local Drainage Area (PLDA) fee program; and G. The Parties now desire to extend the Agreement for a period of one (1) year plus an optional one-year (1-year) extension; and
H. 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).
Docusign Envelope ID: F7272237-93D5-8889-8317-2BC5772408FD Attachment A
Sept. 1, 2026
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2nd
PSA20-855TRAN
City Attorney Approved Version 4/16/2026
2 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 one (1) year ending on September 16, 2027.
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 16, 2028. 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 seventy-five thousand six hundred seventy dollars ($75,670) .
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 one million one hundred fifty-one thousand four hundred thirty dollars ($1,151,430).
5. Contractor will complete all work described in Exhibit “A” by September 16, 2027.
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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City Attorney Approved Version 4/16/2026
3 CONTRACTOR
GLENN A. RICK ENGINEERING &
DEVELOPMENT CO, a California
corporation dba Rick Engineering Company
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: By:
(sign here) KEITH BLACKBURN, Mayor
Brendan Hastie, Associate Principal &
Assistant Vice President
(print name/title) ATTEST:
SHERRY FREISINGER, City Clerk
By:
By:
(sign here) Assistant City Clerk
(print name/title)
If required by City, p roper 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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PSA20-855TRAN
City Attorney Approved Version 4/16/2026
4 EXHIBIT “A”
SCOPE OF SERVICES AND FEE (AMENDED)
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ne 4, 2026
Mariel Cairns, PE
Principal Engineer, Transportation
1635 Faraday Avenue
Carlsbad, California 92008
SUBJECT: SCOPE OF WORK FOR DRAINAGE FACILITIES NEXUS STUDY, PLDA FEE
UPDATE, AND DRAINAGE MASTER PLAN AMENDMENT
Dear Mariel:
RICK Engineering Company (RICK) is pleased to continue its support of the City following completion of the Drainage Master Plan (DMP) Update. As part of the City’s ongoing efforts to maintain an equitable and legally defensible Planned Local Drainage Area (PLDA) fee program, the City has requested supplemental analyses to support preparation of an updated Drainage Facilities Nexus Study and associated PLDA fee revisions.
The recently completed DMP provides a comprehensive assessment of the City’s drainage infrastructure, recommended capital improvement projects, planning-level cost estimates, and fee program framework to support both near-term and long-term infrastructure planning and implementation.
Following completion of the DMP, the City requested supplemental analyses to support preparation of a formal Drainage Facilities Nexus Study and updated PLDA fee program. This effort will build upon the technical analyses, recommendations, and associated fiscal and fee analysis completed as part of the DMP Update. The supplemental work will focus on compiling basin-specific drainage deficiency information, developing growth allocation assumptions, reincorporating selected previously identified capital improvement projects, and providing the technical information necessary to establish the relationship between future development, drainage infrastructure improvements, and updated PLDA fee recommendations.
This scope assumes the use of existing drainage models, GIS data, planning documents, DMP web application information, and technical analyses previously developed as part of the DMP Update. The scope does not include development of new hydrologic or hydraulic models, comprehensive reevaluation of the City's drainage system, redesign of recommended improvements, additional field investigations, or design-level engineering.
PSA20-855TRAN Amend No. 5
Exhibit "A"
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Docusign Envelope ID: F3AAD934-7F78-839B-8098-6FC11608C33A Mariel Cairns
June 4, 2026
Scope of Work
Tas
k 1 – Project Management, Meetings, and Coordination
RICK will provide project management, coordination, and administrative support throughout the preparation of the Nexus Study and supporting efforts. Activities will focus on maintaining schedule, budget, and quality objectives while facilitating communication between the City, RICK, EFS Engineering, and Intersecting Metrics (who will work directly with EFS).
The majority of technical work is anticipated to occur within the first three (3) months following Notice to Proceed. Additional coordination and support activities may continue for another three (3) months to accommodate City review, fee adoption, and final document completion.
This task assumes monthly meetings for up to three (3) months and up to three (3) additional meetings for draft review, final review, and a City Council meeting.
Deliverables
• Meeting agendas and summaries
• Monthly progress updates
• Project coordination
Task 2 – Drainage Facilities Nexus Study and PLDA Fee Update EFS Engineering, as a subconsultant to RICK Engineering Company (RICK), and supported by Intersecting Metrics, will prepare a Drainage Facilities Nexus Study and Planned Local Drainage Area (PLDA) Fee Update to establish a reasonable relationship between future development, drainage facility improvements, and associated drainage impact fees.
RICK will provide technical drainage information developed under Task 3 to support preparation of the Nexus Study. EFS Engineering and Intersecting Metrics will utilize basin deficiency inventories, growth allocation analyses, updated capital improvement project information, land use projections, demographic information, service population estimates, and available financial information to support development of revised PLDA fees.
The Nexus Study will build upon the findings, recommendations, and planning-level cost information developed as part of the recently completed Drainage Master Plan and the supplemental analyses completed under this scope of work.
Subtask 2.1 – Existing and Future Conditions Assessment Compile and review information necessary to support development of the Nexus Study and PLDA fee update, including:
• Existing and future drainage facility costs by basin
• Existing and future service population estimates (residents and employees) by basin • Regional Housing Needs Allocation (RHNA) growth projections • Applicable Growth Management Plan assumptions
• Land use categories subject to drainage fees
• Available PLDA fund balance information
PSA20-855TRAN Amend No. 5
Exhibit "A"
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Docusign Envelope ID: F3AAD934-7F78-839B-8098-6FC11608C33A Mariel Cairns
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Subtask 2.2 – Nexus Study and Fee Development
Pre
pare the technical and financial analyses necessary to support the Nexus Study and revised PLDA fee recommendations.
Activities may include:
• Development of basin-specific and citywide unit fee rates • Evaluation of residential fee scaling methodologies
• Preparation of preliminary fee calculations and fee summaries • Preparation of Draft and Final Nexus Study documents
• Coordination with City staff regarding study findings and fee recommendations o Coordination associated with the Nexus Study is assumed to occur within the meetings id
entified under Task 1.
Deliverables
• Existing and Future Conditions Technical Summary
• Preliminary Fee Summary Memorandum
• Draft Drainage Facilities Nexus Study and PLDA Fee Update • Final Drainage Facilities Nexus Study and PLDA Fee Update • Updated PLDA Fee Recommendations
Task 3 – Expanded Drainage Project Needs Assessment and Project Reincorporation RICK will utilize existing Drainage Master Plan (DMP) model results, deficiency inventories, GIS data, project information contained within the DMP web application, and other available technical information to support preparation of the Drainage Facilities Nexus Study and PLDA fee update.
This task will build upon previously completed DMP analyses by compiling basin-specific drainage deficiency information, developing planning-level growth allocation assumptions, and reincorporating selected drainage improvement projects previously identified in City-approved Drainage Master Plans.
This task is intended to leverage and refine existing technical information and does not include development of new hydrologic or hydraulic models, new drainage improvement concepts, or detailed project evaluations.
Subtask 3.1 – Global Deficiency Inventory and Growth Allocation Analysis Compile and organize drainage deficiencies by basin utilizing available DMP model results and supporting information.
For each identified deficient facility, the inventory may include:
• Asset ID
• Facility length
• Existing diameter or geometry
• Existing peak flow rate
• General Plan buildout peak flow rate
• General Plan required diameter or geometry
• Planning-level cost per linear foot for upsizing
• Estimated percentage attributable to future growth
PSA20-855TRAN Amend No. 5
Exhibit "A"
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Develop planning-level growth allocation percentages ut ilizing available existing and buildout
drainage analyses. Growth allocation estimates are intended solely to support preparation of the Nexus Study and associated fee calculations.
Subtask 3.2 – Prior DMP Project Reincorporation
Coordinate with City staff to identify previously recommended drainage improvement projects from earlier City-approved Drainage Master Plans and the current Capital Improvement Program (CIP) for inclusion within the revised DMP.
No new engineering analysis, project development, project prioritization, or project cost estimating will be performed. Existing planning-level project cost estimates will be adjusted to current-year dollars utilizing an agreed-upon inflation factor based on the age of the available estimate.
Deliverables
• Basin-level summary tables documenting:
o Deficient pipe inventory
o Estimated improvement costs
o Growth-related costs
• B
asin fact sheets documenting deficiency distribution and estimated costs • DMP updates documenting the methodology used to develop the basin deficiency inventories and growth allocation assumptions
• Revised DMP CIP section summarizing reincorporated projects • Table of previously identified projects selected for reincorporation, including:
o Project name
o Project description
o Original planning-level cost estimate
o Inflation-adjusted planning-level cost estimate
o Source DMP or CIP reference
Ta
sk 4 – CEQA Updates
LSA will update the CEQA Addendum to the 2008 DMP Update EIR (EIR) to add approximately four additional project components that would be “unchanged” from the 2008 DMP Update. The current version of the Addendum evaluates new and updated project components; the additional components would be identified as a new category.
Consistent with the treatment of the new and updated project components, the Addendum will pull in the description of each added component from the EIR, summarize the analysis of impacts for each component that was provided in the EIR, and provide any necessary updates to the analysis presented in the EIR (this will include updating the identified underlying land use and zoning to reflect the City’s current General Plan, reviewing each component’s relation to the coastal zone and Local Coastal Program areas, and reviewing available biological resources occurrence information to determine whether any additional species or resources need to be identified as requiring further consideration).
No updated cultural resources records search is proposed at this time, as this was already conducted in support of the EIR and an updated search would be required prior to construction of the component.
Figures will be revised as applicable to incorporate additional project component locations.
PSA20-855TRAN Amend No. 5
Exhibit "A"
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The Addendum will also be revised to note that constru
ction of some components of the DMP are
anticipated to occur in combination with other projects, and that those other projects would be subject to further CEQA review.
Deliverables
• Revised CEQA Addendum addressing:
o New category of “unchanged” project components identified o Review of approximately 4 project components with respect to land use, coastal zone, an
d biological resources
o Updated information regarding implementation of some components as part of other pr
ojects (rather than as stand-alone improvements)
• Updated figures and appendices
• Up to two rounds of revision to address comments by the project team and City planning staff • Attendance at up to 4 virtual meetings
Task 5 – Revised Drainage Master Plan for Nexus Study
RICK will prepare a focused revision to the recently completed DMP documenting updates associated with the basin deficiency inventory, growth allocation analysis, revised CIP projects, Nexus Study findings, and updated PLDA fee recommendations.
This task is intended to compile and document the work completed under this scope and does not include comprehensive revisions to the DMP.
Subtask 5.1 – Revised DMP with Nexus Study Support
Compile and incorporate updates developed under Task 2 through 4 into a Draft and Final Revised DMP and Nexus Study for City review.
This task assumes:
• Up to twelve (12) hours of an engineer’s support for revisions and adoption Deliverables
• Draft DMP Amendment
• Final DMP Amendment
• Presentation materials
• Adoption support documentation
Assumptions and Limitations
• The scope assumes use of the recently approved 2026 Drainage Master Plan models, GIS data, planning documents, DMP web application information, and technical work products previously developed by RICK and the team.
• Development of new hydrologic or hydraulic models is not included. • Growth allocation percentages developed under this scope are intended solely for planning-level fee development purposes and shall not be considered design-level determinations.
• Basin deficiency inventories, growth allocation percentages, and planning-level cost information will be developed utilizing existing DMP analyses and available project information and are intended solely to support preparation of the Nexus Study and associated PSA20-855TRAN Amend No. 5
Exhibit "A"
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Docusign Envelope ID: F3AAD934-7F78-839B-8098-6FC11608C33A Mariel Cairns
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PLDA fee update.
• Rei
ncorporated CIP projects will be based on previously completed planning studies, DMPs, and available City CIP information. RICK will not independently verify the technical basis, design assumptions, or original planning-level cost estimates associated with those projects. • Preparation of supplemental CEQA documentation, environmental studies, technical environmental analyses, permitting support, design plans, specifications, or construction documents is not included.
• One (1) review cycle is assumed for draft deliverables. • Project coordination is assumed to occur through a maximum of eight (8) meetings. • Task 5 assumes attendance at one (1) staff workshop and one (1) City Council meeting. • Additional services resulting from changes in project direction, significant revisions to completed deliverables, additional meetings, additional review cycles, or requests beyond the scope described herein may require additional authorization.
Fee
Our
fee for the above-described services will be provided on a time-and-materials basis in accordance with our current Schedule of Hourly Rates for a total not-to-exceed fee of $75,670 without prior written authorization from the City.
Task Fee
Task 1 – Project Management, Meetings, and Coordination (RICK) $8,260 Task 2 – Drainage Facilities Nexus Study and PLDA Fee Update (EFS / Intersecting Metrics) $29,500 Task 3 – Expanded Drainage Project Needs Assessment and Project Reincorporation (RICK) $15,260 Task 4 – CEQA Updates (LSA) $16,500
Task 5 – Revised Drainage Master Plan, Nexus Study, and Adoption Support $6,150 Total NTE Fee $75,670
Sch
edule
The
majority of technical work is anticipated to be completed within approximately twelve (12) weeks following Notice to Proceed. Project coordination, review support, CEQA coordination, and fee adoption activities may extend the overall project duration up to six (6) months. Schedule assumes timely review and comment by City staff and completion of one review cycle for draft deliverables.
PSA20-855TRAN Amend No. 5
Exhibit "A"
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Cost Allocation
Drainage Facilities Nexus Study,
PLDA Fee Update, And Drainage Master Plan Amendment
Labor Classification
Principal
Associate
Principal Water
Resources Designer
Associate Water
Resources Designer
Associate GIS Project
Manager
RICK Total Cost
EFS Engineering, Inc.
LSA
Sub-Consultant Total
Cost
Total Cost
Task Billing Rates 290.00 $ 250.00 $ 170.00 $ 150.00 $ 175.00 $ Task 1: Project Management, Meetings, and
Coordination - $ - $ - $
Project Management, Meetings and
Coordination (3-6 months & 6 meetings)
6 22 6 8,260$ - $ 8,260$
Sub-Total 6 22 6 - - 8,260$ - - - $ 8,260$ Task 2: Drainage Facilities Nexus Study and
PLDA Fee Update - $ - $ - $
Existing and Future Conditions
Assessment - $ 11,500 11,500 $ 11,500$
Nexus Analysis and Fee Development - $ 18,000 18,000 $ 18,000$ Sub-Total - - - - - - $ 29,500 - 29,500$ Task 3: Expanded Drainage Project Needs
Assessment and Project Reincorporation
- $ - $ - $
Global Deficiency Inventory and Growth
Allocation Analysis 1 4 12 40 8 10,730$ - $ 10,730$ Prior DMP Project Reincorporation 1 4 12 8 4,530$ - $ 4,530$ Sub-Total 2 8 24 48 8 15,260$ - - - $ 15,260$ Task 4: CEQA Updates - $ - $ - $
CEQA Updates 4 1,000$ 15,500 15,500 $ 16,500$ Sub-Total - 4 - - - 1,000$ - 15,500 15,500 $ 16,500$ Task 5: Revised Drainage Master Plan for
Nexus Study - $ - $ - $
Revised DMP with Nexus Study Support 1 6 8 20 6,150$ - $ 6,150$ Sub-Total 1 6 8 20 - 6,150$ - - - $ 6,150$ Reimbursable Expenses - $ - $ - $
Total Hours 9 40 38 68 8
Total Cost 2,610 $ 10,000 $ 6,460 $ 10,200$ 1,400 $ 30,670$ 29,500$ 15,500$ 15,500 $ 75,670$ RICK ENGINEERING Sub-Consultant Cost
PSA20-855TRAN Amend No. 5
Exhibit "A"
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