HomeMy WebLinkAboutTucker Sadler Architects Inc; 2026-07-27; PSA27-4131FACPSA27-4131FAC
General Counsel Approved Version 4/16/2026
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AGREEMENT FOR CARLSBAD MUNICIPAL WATER DISTRICT BUILDING RENOVATION
DESIGN SERVICES; PROJECT NO. 5063
TUCKER SADLER ARCHITECTS, INC.
THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day
of ___________________, 2026, by and between the Carlsbad Municipal Water District, a Public
Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of
Carlsbad, California (“CMWD”), and Tucker Sadler Architects, Inc., a California corporation
(“Contractor”).
RECITALS
A. CMWD requires the professional services of a consultant that is experienced in
professional architectural and engineering design services.
B. Contractor has the necessary experience in providing professional design services
and advice related to professional architectural and engineering design services.
C. Contractor has submitted a proposal to CMWD and has affirmed its willingness
and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
in this Agreement, CMWD and Contractor agree as follows:
1. SCOPE OF WORK
CMWD retains Contractor to perform, and Contractor agrees to render, those services
(“Services”) that are defined in attached Exhibit “A”, which is incorporated by this reference in
accordance with this Agreement’s terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill
customarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California area and will use reasonable diligence and best judgment while
exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective from the date first above written to July 20, 2027.
The Executive Manager or designee may amend the Agreement to extend it for one (1) additional
one (1) year period or part of a year. Extensions will be based upon a satisfactory review of
Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of
Directors. The parties will prepare a written amendment indicating the effective date and length
of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
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5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term shall
not exceed forty-eight thousand three hundred thirty-five dollars ($48,335). No other
compensation for the Services will be allowed except for items covered by subsequent
amendments to this Agreement. If CMWD elects to extend the Agreement, the amount shall not
exceed twenty-five thousand dollars ($25,000.00) per Agreement year. Payment terms are Net
30 unless otherwise provided in Exhibit “A” or agreed to in writing by the parties. CMWD reserves
the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or
Services specified in Exhibit “A.”
Incremental payments, if applicable, should be made as outlined in attached Exhibit “A.”
6. PUBLIC WORKS
6.1 Prevailing Wage Rates. Any construction, alteration, demolition, repair, and maintenance
work, including work performed during design and preconstruction such as inspection and land
surveying work, cumulatively exceeding $1,000 and performed under this Agreement constitute
“public works” under California Labor Code section 1720 et seq. and are subject to state
prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker
needed to execute the contract, shall be those as determined by the Director of Industrial
Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant
to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file
in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing
rates of wages to all such workers employed by Contractor in the execution of the Agreement.
Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code,
which generally requires keeping accurate payroll records, verifying and certifying payroll
records, and making them available for inspection. Contractor shall require any subcontractors
to comply with Section 1776.
6.2 DIR Registration. California Labor Code section 1725.5 requires Contractor and any
subcontractor or subconsultant performing any public work under this Agreement to be currently
registered with the California Department of Industrial Relations (DIR), as specified in Labor Code
section 1725.5. Labor Code section 1771.1 provides that a contractor or
subcontractor/subconsultant shall not be qualified to engage in the performance of any contract
for public work, unless currently registered and qualified to perform public work pursuant
to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or
subconsultant under this Agreement, Contractor must furnish City with the subcontractor or
subconsultant's current DIR registration number.
7. CONSTRUCTION MANAGEMENT SOFTWARE
Procore Project Management and Collaboration System. This project may utilize CMWD’s
Procore (www.procore.com) online project management and document control platform. The
intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and
maintain a healthy team dynamic by improving information flow, reducing non-productive
activities, reducing rework and decreasing turnaround times. Contractor is required to create a
free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to
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become familiar with the system. Unless the City of Carlsbad City Engineer approves otherwise,
Contractor shall process all project documents through Procore because this platform will be
used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained
with Procore, Contractor and applicable team members shall complete a free training
certification course located at http://learn.procore.com/procore-certification-subcontractor.
Contractor is responsible for attaining their own Procore support, as needed, either through the
online training or reaching out to the Procore support team. It will be the responsibility of
Contractor to regularly check Procore and review updated documents as they are added. There
will be no cost to the Contractor for use of Procore.
It is recommended that Contractor provide mobile access for Windows, iOS located at
https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android
devices located at https://play.google.com/store/apps/details?id=com.procore.activities with
the Procore App installed to at least one on-site individual to provide real-time access to current
posted drawings, specifications, requests for information, submittals, schedules, change orders,
project documents, as well as any deficient observations or punch list items. Providing mobile
access will improve communication, efficiency, and productivity for all parties. The use of Procore
for project management does not relieve Contractor of any other requirements as may be
specified in this Agreement.
8. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will
be under the control of CMWD only as to the result to be accomplished but will consult with
CMWD as necessary. The persons used by Contractor to provide services under this Agreement
will not be considered employees of CMWD for any purposes.
The payment made to Contractor pursuant to this Agreement will be the full and complete
compensation to which Contractor is entitled. CMWD will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not
be required to pay any workers' compensation insurance or unemployment contributions on
behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD
and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social
security, overtime payment, unemployment payment or workers' compensation payment which
CMWD may be required to make on behalf of Contractor or any agent, employee, or
subcontractor of Contractor for work done under this Agreement. At CMWD’s election, CMWD
may deduct the indemnification amount from any balance owing to Contractor.
9. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of
CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to
CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly
or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of
persons directly employed by Contractor. Nothing contained in this Agreement will create any
contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be
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responsible for payment of subcontractors. Contractor will bind every subcontractor and every
subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work
unless specifically noted to the contrary in the subcontract and approved in writing by CMWD.
10. OTHER CONTRACTORS
CMWD reserves the right to employ other Contractors in connection with the Services.
11. INDEMNIFICATION
Contractor agrees to defend (with counsel approved by CMWD), indemnify and hold harmless
CMWD and the City of Carlsbad and its officers, elected and appointed officials, employees and
volunteers from and against all claims, damages, losses and expenses including attorney’s fees
arising out of the performance of the work described in this Agreement caused by any willful
misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s
performance as a “design professional” (as that term is defined under California Civil Code
Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8,
which is fully incorporated in this Agreement, Contractor’s indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of
competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not
exceed the Contractor’s proportionate percentage of fault.
The parties expressly agree that any payment, attorney’s fee, costs or expense CMWD or the City
of Carlsbad incurs or makes to or on behalf of an injured employee under CMWD’s self-
administered workers’ compensation is included as a loss, expense or cost for the purposes of
this section, and that this section will survive the expiration or early termination of this
Agreement.
12. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor’s
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than “A-:VII”; OR with a surplus
line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating
in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
12.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits
indicated below, unless the Risk Manager or Executive Manager approves a lower amount. These
minimum amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. CMWD, its officers, agents and employees
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make no representation that the limits of the insurance specified to be carried by Contractor
pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any
required insurance coverage is inadequate, Contractor will obtain such additional insurance
coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available
to the named insured shall also be available and applicable to CMWD as an additional insured.
12.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an
“occurrence” basis, including personal and advertising injury, with limits no less than $2,000,000
per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
12.1.2 Automobile Liability (If the use of an automobile is involved for Contractor's
work for CMWD). $2,000,000 combined single-limit per accident for bodily injury and property
damage.
12.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation
limits as required by the California Labor Code. Workers' Compensation will not be required if
Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this.
12.1.4 Professional Liability. Errors and omissions liability appropriate to
Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be
maintained for a period of five years following the date of completion of the work.
12.2. Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
12.2.1 CMWD will be named as an additional insured on Commercial General
Liability which shall provide primary coverage to CMWD.
12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability,
which will be written as claims-made coverage.
12.2.3 If Contractor maintains higher limits than the minimums shown above,
CMWD requires and will be entitled to coverage for the higher limits maintained by Contractor.
Any available insurance proceeds in excess of the specified minimum limits of insurance and
coverage will be available to CMWD.
12.2.4 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD
sent by certified mail pursuant to the Notice provisions of this Agreement.
12.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD.
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12.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then CMWD will have the option to declare Contractor in breach or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by CMWD to obtain or
maintain insurance and CMWD may collect these payments from Contractor or deduct the
amount paid from any sums due Contractor under this Agreement.
12.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and endorsements.
13. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
14. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of
CMWD during normal business hours to examine, audit, and make transcripts or copies of records
and any other documents created pursuant to this Agreement. Contractor will allow inspection
of all work, data, documents, proceedings, and activities related to the Agreement for a period
of four (4) years from the date of final payment under this Agreement.
15. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1)
copy of the work product for Contractor’s records.
16. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in CMWD and
Contractor relinquishes all claims to the copyrights in favor of CMWD.
17. NOTICES
The name of the persons who are authorized to give written notices or to receive written notice
on behalf of CMWD and on behalf of Contractor under this Agreement.
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For CMWD For Contractor
Name Si Phan Name Arturo Castro
Title Associate Engineer Title President & Secretary
Department Fleet & Facilities Address 1747 Hancock St., Suite. A
Carlsbad Municipal Water
District
18.CONFLICT OF INTEREST
☐☒
Name Email Phone Number
19.GENERAL COMPLIANCE WITH LAWS
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20. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS
Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty
package delivery vehicles operated in California may be subject to the California Air Resources
Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to
requirements to reduce emissions of air pollutants. For more information, please visit the CARB
Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-
clean-fleets.
21. DISCRIMINATION, HARASSMENT, AND RETALIATION PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination, harassment and retaliation.
22. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or CMWD will reduce such questions, and
their respective views, to writing. A copy of such documented dispute will be forwarded to both
parties involved along with recommended methods of resolution, which would be of benefit to
both parties. The representative receiving the letter will reply to the letter along with a
recommended method of resolution within ten (10) business days. If the resolution thus obtained
is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the
Executive Manager. The Executive Manager will consider the facts and solutions recommended
by each party and may then opt to direct a solution to the problem. In such cases, the action of
the Executive Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
23. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If CMWD decides to abandon or indefinitely postpone the work or services
contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to
Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any
documents owned by CMWD and all work in progress to CMWD address contained in this
Agreement. CMWD will make a determination of fact based upon the work product delivered to
CMWD and of the percentage of work that Contractor has performed which is usable and of
worth to CMWD in having the Agreement completed. Based upon that finding CMWD will
determine the final payment of the Agreement.
CMWD may terminate this Agreement by tendering thirty (30) days written notice to Contractor.
Contractor may terminate this Agreement by tendering thirty (30) days written notice to CMWD.
In the event of termination of this Agreement by either party and upon request of CMWD,
Contractor will assemble the work product and put it in order for proper filing and closing and
deliver it to CMWD. Contractor will be paid for work performed to the termination date;
however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will
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make the final determination as to the portions of tasks completed and the compensation to be
made.
24. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or
violation of this warranty, CMWD will have the right to annul this Agreement without liability, or,
in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the
full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
25. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD
must be asserted as part of the agreement process as set forth in this Agreement and not in
anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false
claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to
criminal prosecution. Contractor acknowledges that California Government Code Section 12650
et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a
person knowingly submits a false claim to a public entity. These provisions include false claims
made with deliberate ignorance of the false information or in reckless disregard of the truth or
falsity of information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that
the filing of a false claim may subject Contractor to an administrative debarment proceeding as
the result of which Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to five (5) years. Contractor acknowledges debarment by another
jurisdiction is grounds for CMWD to terminate this Agreement.
26. JURISDICTION AND VENUE
This Agreement shall be interpreted in accordance with the laws of the State of California without
regard to, or application of, choice of law rules or principles. Any action at law or in equity brought
by either of the parties for the purpose of enforcing a right or rights provided for by this
Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of
California, and the parties waive all provisions of law providing for a change of venue in these
proceedings to any other county.
27. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon CMWD and
Contractor and their respective successors. Neither this Agreement nor any part of it nor any
monies due or to become due under it may be assigned by Contractor without the prior consent
of CMWD, which shall not be unreasonably withheld.
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28. THIRD PARTY RIGHTS
Nothing in this Agreement should be construed to give any rights or benefits to any party other
than the City and Contractor.
29. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it,
along with the purchase order for this Agreement and its provisions, embody the entire
Agreement and understanding between the parties relating to the subject matter of it. In case of
conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor
any of its provisions may be amended, modified, waived or discharged except in a writing signed
by both parties. This Agreement may be executed in counterparts.
30. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
31. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue
in full force and effect.
[signatures on following page]
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CONTRACTOR CARLSBAD MUNICIPAL WATER DISTRICT, a
Public Agency organized under the Municipal
Water Act of 1911, and a Subsidiary District
of the City of Carlsbad
TUCKER SADLER ARCHITECTS, INC., a
California corporation
By: By:
(sign here) Paz Gomez, Deputy City Manager,
Public Works, as authorized by the
Executive Manager
,
Group A Group B
or
or
Otherwise
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EXHIBIT A
SCOPE OF SERVICES AND FEE
In accordance with Tucker Sadler’s proposal dated May 28, 2026 (Exhibit B), Consultant shall
furnish mapping; geotechnical surveying, investigation, and reporting; and structural engineering
analysis and reporting for the existing warehouse building located at the Carlsbad Municipal
Water District facility, 5950 El Camino Real, Carlsbad, California 92008.
TASK GROUP TIME & MATERIALS
Task 1a - Geotechnical floor level survey (NOVA) $7,200
Task 1b - Structural Engineering: Evaluation of the settlement
observed with the existing foundation (KPFF) $2,500
Task 2 - Structural Engineering: (KPFF)
•Site visit & coordination for As-built/Mapping of the existing
warehouse building
•Evaluation of the existing mezzanine
$11,500
Task 3 - Point Cloud/As-built/Mapping of the existing warehouse
building (PPM) $2,950
Task 4 - Geotechnical investigation and report - as-needed (NOVA) $23,600
Coordination by Tucker Sadler Architects $585
TOTAL (Not-to-Exceed) $48,335
Docusign Envelope ID: 0BE1DECD-B478-8504-80B6-76D0971AFD73
1747 Hancock Street, Suite A
San Diego, CA 92101
619-236-1662
tuckersadler.com
Architectural
Proposal
Additional Service #1 – As-Builts & Structural Review
Foundation and Mezzanine
Rev. May 28, 2026
City of Carlsbad –
Building and Warehouse
PSA27-4131FAC;
Exhibit "B"
Docusign Envelope ID: 0BE1DECD-B478-8504-80B6-76D0971AFD73
Tucker Sadler Architects, Inc.
1747 Hancock Street, Suite A, San Diego, CA 92101
5/28/2026 City of Carlsbad | 2
Si Phan, MSCE, PMP, EIT, QSD/P, CPESC, CESSWI
City of Carlsbad
Facilities Engineering Division
Public Works, Fleet & Facilities Department
1635 Faraday
Carlsbad, CA 92008
RE: CMWD Renovation - As Builts & Structural Review
Dear Mr. Phan,
Tucker Sadler Architects, Inc (“Architect”) is pleased to offer our Add-Service Proposal (“Add-Service”) to
provide architectural services to the City of Carlsbad (“Client”) in connection with the ongoing Task 1:
Renovation of the existing Carlsbad Municipal Water District Facility (“Agreement”). Our design team is
honored and excited to work with you on this Project.
Project Description
Foundation (Office): The southwest foundation was identified in the 2023 Facility Condition Assessment
as sinking. The structural team and a Geotech engineer will conduct a site visit/floor level survey (at the
same time as the As-Builts) and coordinate with each other to confirm the condition of the foundation.
Mezzanine (Warehouse): The mezzanine must also be assessed for its structural capacity before it can
be redesigned as occupiable space. Architectural finishes or other elements may also need to be
demolished or removed during the as-built scanning. The Structural engineer can review the results and
then generate an evaluation report.
As-Builts of Existing Buildings: The 1990 record drawings that you provided are very helpful, but they
don’t reflect the past 35 years of ad-hoc alterations. Many rooms have been rearranged. As noted, we
believe a point-cloud scanning team would be the most cost-effective and least invasive solution. They
would send a small team to scan the facility and provide 3D digital and photography documentation for
your records and our usage moving forward.
Geotech Investigation and Report (If Needed): If the site visit/floor level survey confirms sinking, NOVA
will perform a geotechnical investigation consisting of borings and test pits in the vicinity of the
southwest footing to assess the soils conditions of the site and immediately below the footings.
Scope of Work
Task 1. Foundation (Office) Site Visit and Floor Level Survey
1. Geotechnical Floor Level Survey:
i. Will generate contours of floor elevation
ii. Will reveal areas of displacement/sinking
2. Structural Settlement Evaluation:
i. Site review for visible structural damage
PSA27-4131FAC;
Exhibit "B"
Docusign Envelope ID: 0BE1DECD-B478-8504-80B6-76D0971AFD73
Tucker Sadler Architects, Inc.
1747 Hancock Street, Suite A, San Diego, CA 92101
5/28/2026 City of Carlsbad | 3
Task 2. Mezzanine (Warehouse) As-Built and Structural Evaluation
1. As-built Support:
i. Structural engineer will oversee the point-cloud scan team during mezzanine
scanning
2. Structural Evaluation
i. After determining the mezzanine structure, Structural will calculate the load
capacity and share in a report
Task 3. As-Built Documentation
1. Point Cloud:
ii. Mobile scanner team will photograph/scan both buildings
iii. Design team will share photograph and point cloud files with City
Task 4. Geotech Investigation and Report (As-Needed)
1. Geotechnical Investigation and Report
i. Up to (2) Borings to depths of up to 20 feet below ground surface (bgs)
ii. Geotechnical Report
Fee Proposal
Additional services will be performed on the basis noted below for a total of $24,735.00. Add-Service #1
Scope of Work is described above (see attached Architect Fee Breakdown and Consultant Proposals). If
needed, Task 4 will be performed for an additional $23,600.
Task Description Fee Value
Task 1a (Geotech - NOVA) – Hourly, Not-to-Exceed per Attached Rate Schedule $ 7,200
Task 1b (Structural - KPFF) - Hourly, Not-to-Exceed per Attached Rate Schedule $ 2,500
Task 2 (Structural - KPFF) – Lump Sum Fee $ 11,500
Task 3 (Point Cloud - PPM) – Lump Sum Fee $ 2,950
Hourly, Not-to-Exceed per Attached Rate
Schedule $585
Total $ 24,735
Task 4 (As-Needed, Geotech – NOVA) - Hourly, Not-to-Exceed per Attached
Rate Schedule $23,600
Exclusions From Design Fee
•Reimbursables
•Design of Structural or Earth reinforcement
•Cost Estimation
PSA27-4131FAC;
Exhibit "B"
Docusign Envelope ID: 0BE1DECD-B478-8504-80B6-76D0971AFD73
David Wachtel May 28, 2026
Tucker Sadler
1747 Hancock Street, Ste. A
San Diego, CA 92101
Subject: Revised Proposal for a Geotechnical Distress Evaluation
Costa Real Municipal Water District Operations Center
5950 El Camino Real, Carlsbad, California
Dear David:
In response to your request, NOVA Services, Inc. (NOVA) has prepared this service request to perform
a phased geotechnical distress evaluation for the apparent sinking footing in the southwestern part of the
building. This revised proposal supersedes NOVA’s January 16, 2026 proposal and removes Phase 2
design development support from the scope and fee.
Phase 1A. NOVA will perform a site visit and floor-level surveys of the existing building at the Costa Real
Municipal Water District Operations Center. An engineer or a geologist will perform the site visit. Floor
level surveys will be performed using a water manometer. The purpose of our work will be to evaluate
relative floor elevations across the building. The results of the surveys will be presented in floor plans
showing contours of relative floor elevations. NOVA will perform the outlined site visit and floor level
surveys for a not-to-exceed fee of $7,200.
Phase 1B. NOVA will perform a geotechnical investigation consisting of borings and test pits in the vicinity
of the southwest footing to assess the soil conditions of the site and immediately below the footings. This
scope of work would include:
•Reviewing relevant geologic maps and other readily available literature pertinent to the
geotechnical conditions at the site.
•Marking the investigation locations in accordance with Underground Service Alert (USA)
requirements.
•Hiring a private utility locator to mark potential subsurface conflicts at the investigation location.
•Drilling up to two geotechnical borings to depths of up to 20 feet below the ground surface (bgs),
or refusal if shallower, using a track-mounted limited-access drill rig. A NOVA geologist will log
the borings and obtain samples for examination and laboratory testing.
•Excavating two exploratory test pits to a depth of about 5 feet bgs with a mini excavator. The test
pits will be used to evaluate the condition of the footings and the bearing soils in the southwestern
part of the building.
•Performing laboratory tests on selected soil samples.
•Performing a seismic velocity survey at the site to develop seismic design parameters that will
conform to the 2025 California Building Code.
PSA27-4131FAC;
Exhibit "B"EXHIBIT 1 - GEOTECH PROPOSALDocusign Envelope ID: 0BE1DECD-B478-8504-80B6-76D0971AFD73
•Preparing a report that includes a subsurface investigation map, boring logs, and laboratory test
results. We will submit an electronic copy of the report. The report will provide applicable
conclusions and geotechnical recommendations applicable to the distress conditions.
We will provide the outlined geotechnical investigation scope of work for a not-to-exceed fee of $23,600.
LIMITATIONS AND EXCLUSIONS (Deleted)
PSA27-4131FAC;
Exhibit "B"EXHIBIT 1 - GEOTECH PROPOSALDocusign Envelope ID: 0BE1DECD-B478-8504-80B6-76D0971AFD73
SCHEDULE
We will begin our investigation as soon as notice to proceed is received. We will mark the
investigation locations and notify USA. USA requires 48-hour notice before drilling can start. We will also
hire a private utility locator. We anticipate that the fieldwork can be completed within two weeks of the
notice to proceed. Laboratory testing and the final report can be completed within five to six weeks
of completing the fieldwork.
FEE ESTIMATE
Table 1 below presents a breakdown of the fee. The fee is based on our attached 2026 Schedule of
Fees and the understanding that this project is subject to prevailing wage law.
The cost of our services may exceed this estimate if unanticipated conditions are encountered that
would warrant additional investigation or analysis, or if the proposed plans are changed from our
previously stated understanding of the project.
Table 1. Fee Estimate
FEE ITEM COST
Phase 1A. Floor Level Survey – T&M, Not to Exceed $ 7,200.00
Phase 4. Geotechnical Investigation and Report – T&M, Not to Exceed $ 23,600.00
Total Contract Amount: $ 30,800.00
BILLING SCHEDULE
All fee items in Table 1 are not-to-exceed amounts that will be billed on a time-and-materials basis.
AUTHORIZATION
This proposal is valid for 90 days. NOVA will accept authorization to proceed upon approval of this
proposal and receipt of the Professional Services Agreement signed by an officer of your firm. In turn, we
will send you a fully executed copy for your records.
PSA27-4131FAC;
Exhibit "B"EXHIBIT 1 - GEOTECH PROPOSALDocusign Envelope ID: 0BE1DECD-B478-8504-80B6-76D0971AFD73
CLOSURE
NOVA appreciates the opportunity to prepare this proposal, and we look forward to working with you on
this project. If you have any questions, please contact us at 619.791.4379.
Respectfully submitted,
NOVA Services, Inc.
______________________ ____________________ Darius Mitchell Wail Mokhtar Senior Staff Geologist Regional Manager
Distribution: David Wachtel via email at dwachtel@tuckersadler.com
Attachments: General Terms and Conditions and Acceptance of Professional Services
NOVA 2026 Prevailing Wage Schedule of Fees
PSA27-4131FAC;
Exhibit "B"EXHIBIT 1 - GEOTECH PROPOSALDocusign Envelope ID: 0BE1DECD-B478-8504-80B6-76D0971AFD73
January 15, 2026
David Wachtel
Tucker Sadler
1747 Hancock Street, Suite A
San Diego, CA 92101
Re: Carlsbad Municipal Water District – Mezzanine Addition
Revised Proposal for Structural Engineering Services
KPFF Project No. 2500264
Dear Diane:
We are pleased to submit this revised proposal for structural engineering services required for the Carlsbad
Municipal Water District – Mezzanine Addition project. This revised proposal is based on our call on January 14,
2026, the updated information provided on December 4, 2025, and your email correspondence dated May 8,
2025, with the following supporting documents:
•CMWD Building.pdf
•CMWD Operations - Tier 1 FCA Report.pdf
•CMWD Warehouse Floor (1).pdf
•CMWD Warehouse Floor (2).pdf
•DWG 807-2; ; CRMWD (COSTA REAL MUNICIPAL WATER DISTRICT) OPERATIONS CENTER, 1989; 01-
40 (1).pdf
PROJECT DESCRIPTION
We understand that the project consists of a structural evaluation of the existing mezzanine inside the
building located at 5950 El Camino Del Real in Carlsbad, California. The intent of the investigation is to
determine the structural capacity of the mezzanine with respect to the proposed future renovation. We have
received as-built drawings for some portions of the complex, but no drawings are available for the mezzanine.
The southwest foundation was also noted to be “sinking” by the assessor report, triggering a structural
investigation.
DETAILED SCOPE OF WORK BREAKDOWN:
A1. AS-BUILTING PRODUCTION SUPPORT:
As-builting of the existing mezzanine structure is anticipated to be performed by a third-party scanning
(point cloud) consultant, who will provide 2D drawings (plans/elevations) and/or a 3D model for use by
the design team. The proposed hourly not-to-exceed (NTE) amount includes coordination and support
necessary to develop the anticipated deliverables. KPFF anticipates one (1) site visit with the as-builting
consultant to provide guidance as needed and observe existing conditions.
PSA27-4131FAC;
Exhibit "B"EXHIBIT 2 - STRUCTURAL PROPOSALDocusign Envelope ID: 0BE1DECD-B478-8504-80B6-76D0971AFD73
Carlsbad Municipal Water District – Mezzanine Addition
Diane Mueller, Tucker Sadler
January 15, 2026
Revised Proposal for Structural Engineering Services
KPFF Project No. 2500264
Page 2
A2. EXISTING MEZZANINE STRUCTURAL EVALUATION:
Once the as-builts are provided, KPFF will:
1. Perform calculations as needed to determine the capacity of structural elements.
2. Produce a written report of our findings including PDF plans as needed.
B. EXISTING FOUNDATION SETTLEMENT EVALUATION:
The assessment report for the existing building notes apparent settlement of the footing at the
southwest elevation. A geotechnical engineer will be required to assess soil conditions and potential
concerns. KPFF’s scope shall include:
1. One (1) site visit concurrent with Section A1 to observe existing conditions.
2. Documentation of observed structural damage.
ASSUMPTIONS
1. This structural review will be a visual observation of the existing building structure to verify the
existing structural systems exposed to view and provide our professional opinion. The opinions,
conclusions, and recommendations developed during this assessment are based on engineering
judgement constrained by the limited scope of the assessment and consistent with the professional
standard of care. No other representation (expressed or implied) and warranty or guarantee is
included or intended.
2. Although this structural assessment is believed to be an appropriate review of the existing structural
conditions for the intended purpose, the assessment does not constitute an exhaustive evaluation
of each and every existing structural system, assuming no quantitative testing or inspection will be
conducted as part of this assessment.
3. If the geotechnical engineer’s assessment and site observations (from Section B of the scope) identify
foundation settlement or structural deficiencies, an additional service will be provided to cover the
effort required to coordinate with the geotechnical engineer and address the structural concerns.
4. We assume that structural retrofit and/or strengthening of the existing structure is not required.
Should the structural assessment identify deficiencies requiring retrofit or strengthening, KPFF will
submit a change order to address the additional scope and associated effort.
5. We assume the scanning consultant will be responsible for producing the as-built documentation for
use by the design team. KPFF will review, mark up, and annotate the provided drawings as necessary
to communicate the findings of the structural assessment.
This fee is based on the defined deliverable of a report summarizing KPFF’s findings. Preparation of
documents for third-party review and/or permitting is not included in this fee.
PSA27-4131FAC;
Exhibit "B"EXHIBIT 2 - STRUCTURAL PROPOSALDocusign Envelope ID: 0BE1DECD-B478-8504-80B6-76D0971AFD73
Carlsbad Municipal Water District – Mezzanine Addition
Diane Mueller, Tucker Sadler
January 15, 2026
Revised Proposal for Structural Engineering Services
KPFF Project No. 2500264
Page 3
FEE
We propose to accomplish the scope of work as summarized below:
Scope Fee Type Budget
A1. AS-BUILTING PRODUCTION
A2. EXISTING MEZZANINE STRUCTURAL EVALUATION
B. EXISTING FOUNDATION SETTLEMENT EVALUATION
TERMS AND CONDITIONS (Deleted)
SUMMARY
Thank you very much for requesting this proposal from us. If this proposal is acceptable to you, please
return a signed copy to us prior to the start of work. Please feel free to contact us with any questions or
comments.
Sincerely,
Shane Noel, S.E.
Principal
Laith Quntar, P.E.
Project Manager
Attachments
PSA27-4131FAC;
Exhibit "B"EXHIBIT 2 - STRUCTURAL PROPOSALDocusign Envelope ID: 0BE1DECD-B478-8504-80B6-76D0971AFD73
3626 E. Pacific Coast Hwy, 2nd Floor | Long Beach, CA 90804 | AsBuiltDrawings.com
PROPOSAL
10218_SW 87403
Project Description
As-Built documentation for the property located at 5950 El Camino Real,
Carlsbad, CA 92008. Deliverables include: Point Cloud (.rcp), PDF Sheet
Set, imagery.
Date
Expiration Date
07 / 22 / 2026
09 / 20 / 2026
________________________________________________________________________________________________________________________________________________________________
As-Built Documentation
Point Cloud $2,800.00 1 $2,800.00
Point Cloud in Recap format (.rcp), including support files, gathered using mobile scanning equipment. Still Photos included.
*Complete roof data dependent upon safe access to entire roof area.
Subtotal $2,800.00
Travel Fee $150.00
Total $2,950.00
Product Price Quantity Total
Travel Expenses All travel time and expenses are included at no additional charge for this project.
PSA27-4131FAC;
Exhibit "B"EXHIBIT 3 - AS-BUILT PROPOSALDocusign Envelope ID: 0BE1DECD-B478-8504-80B6-76D0971AFD73
Docusign Envelope ID: 0BE1DECD-B478-8504-80B6-76D0971AFD73
Docusign Envelope ID: 0BE1DECD-B478-8504-80B6-76D0971AFD73
Docusign Envelope ID: 0BE1DECD-B478-8504-80B6-76D0971AFD73
Docusign Envelope ID: 0BE1DECD-B478-8504-80B6-76D0971AFD73
Docusign Envelope ID: 0BE1DECD-B478-8504-80B6-76D0971AFD73
Docusign Envelope ID: 0BE1DECD-B478-8504-80B6-76D0971AFD73