HomeMy WebLinkAbout2025-09-23; City Council; 04; Accept bids, award construction contract, deny a bid protest and authorize execution of an agreement for construction management and inspection services for the CitywideCA Review TL
Meeting Date: Sept. 23, 2025
To: Mayor / President and City Council / Board Members
From: Geoff Patnoe, City Manager / Executive Manager
Staff Contact: Kyle James, SCADA Supervisor
kyle.james@carlsbadca.gov, 442-339-5247
Stephanie Harrison, Utilities Technical Services Manager
stephanie.harrison@carlsbadca.gov, 442-339-2310
Subject: Accept bids, award construction contract, deny a bid protest and
authorize execution of an agreement for construction management and
inspection services for the Citywide Electrical Control Panel Replacement
Project for Water and Wastewater Facilities
Districts: All
Recommended Actions
1)Adopt a City Council resolution accepting the bids and awarding a construction contract to
Technical Systems, Inc. for the Citywide Electrical Control Panel Replacement Project for
Water and Wastewater Facilities in an amount not to exceed $3,755,700.
2)Adopt a Carlsbad Municipal Water District Board of Directors resolution authorizing the use
of an amount not to exceed $2,028,078 from the water replacement fund and an amount
not to exceed $826,254 from the recycled water replacement fund for the district’s portion
of the construction contract with Technical Systems, Inc. for the Citywide Electrical Control
Panel Replacement Project for Water and Wastewater Facilities.
3)Adopt a City Council resolution denying a bid protest and authorizing the execution of a
professional services agreement with Rockwell Construction Services, LLC to provide
construction management and inspection services for the Citywide Electrical Control Panel
Replacement Project for Water and Wastewater Facilities in an amount not to exceed
$1,128,620.
4)Adopt a Carlsbad Municipal Water District Board resolution authorizing the use of an
amount not to exceed $609,455 from the water replacement fund and an amount not to
exceed $248,297 from the recycled water replacement fund for the district’s portion of a
professional services agreement with Rockwell Construction Services, LLC to provide
construction management and inspection services for the Citywide Electrical Control Panel
Replacement Project for Water and Wastewater Facilities.
Sept. 23, 2025 Item #4 Page 1 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
Executive Summary
The Carlsbad Municipal Water District and the City of Carlsbad remotely monitor and control
their water and wastewater infrastructure using a supervisory control and data acquisition
system, referred to as SCADA.
In 2019, the Carlsbad Municipal Water District Board and the City Council approved the
Supervisory Control and Data Acquisition Master Plan, which proposed replacing the SCADA
systems used to remotely monitor and control water and wastewater infrastructure because
the systems have exceeded their life expectancy and lack modern functionality.
The first phase of the project, which included the software, network and security planning,
design and development, as well as the design of new electrical control panels, is substantially
complete. Staff are prepared to move into the second phase, which consists of fabricating and
installing new electrical control panels at 54 water and wastewater sites citywide, as shown in
Exhibit 5, and connecting them to the SCADA system developed in the first phase.
The city contracted with an engineering design firm to develop plans, specifications and
contract documents necessary to complete the second phase. When the completion of the
second phase ends, the systems integrator selected for the first phase will progressively and
seamlessly integrate the equipment furnished and installed by the construction contractor into
the virtualized SCADA environment established in the first phase, resulting in the substantial
completion of the SCADA system replacement.
Staff have reviewed the bids received for the construction work and have determined that
Technical Systems, Inc. is the lowest responsive and responsible bidder with a bid in an amount
not to exceed $3,755,700.
Staff have also reviewed the proposals received for construction management and inspection
services and recommend the execution of a professional services agreement with Rockwell
Construction Services, LLC in an amount not to exceed $1,128,620.
Carlsbad Municipal Code Sections 3.28.080(C) and 3.28.080(I)(6), which cover purchasing in
construction contracts, require the City Council’s approval for all formally bid contracts when
the value exceeds $220,000, as this project does. The City Council’s approval of the professional
services agreement procurement is required under Municipal Code section 3.28.060(D)(5),
because the value of the consulting work is greater than $100,000.
Staff recommend that the City Council award a construction contract to Technical Systems, Inc.
for the Citywide Electrical Control Panel Replacement Project for Water and Wastewater
Facilities in an amount not to exceed $3,755,700, authorize the execution of a professional
services agreement with Rockwell Construction Services, LLC for construction management and
inspection services in an amount not to exceed $1,128,620 and deny one bid protest, detailed
below. The project will improve both the city’s wastewater system and the CMWD’s water and
recycled water systems.
Staff also recommend that the CMWD Board authorize the use of an amount not to exceed
$2,028,078 from the water replacement fund and an amount not to exceed $826,254 from the
recycled water replacement fund for the CMWD’s portion of the construction contract with
Technical Systems, Inc., and authorize the use of an amount not to exceed $609,455 from the
Sept. 23, 2025 Item #4 Page 2 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
water replacement fund and an amount not to exceed $248,297 from the recycled water
replacement fund for the CMWD’s portion of a professional services agreement with Rockwell
Construction Services, LLC to provide construction management and inspection services for the
construction project.
Explanation & Analysis
Construction contract
On May 20, 2025, the City Council and the CMWD Board adopted Resolution Nos. 2025-111 and
1769, respectively, adopting the project’s plans, specifications and contract documents and
authorizing advertising the project for construction bids. The project was then advertised using
the city’s formal bidding procedures.
Due to the specific performance requirements of the proposed work, staff conducted a bidder
pre-qualification process pursuant to Public Contract Code Section 20101, resulting in four
prospective bidders submitting Statements of Qualifications. Staff formally evaluated the
submissions, and two bidders were deemed qualified to submit proposals for this project.
On Aug. 12, 2025, two bids were received for construction of the project. Staff completed a
review of the bid documents and determined that the lowest responsive and responsible bidder
was Technical Systems, Inc. with a bid in an amount not to exceed $3,755,700.
Technical Systems, Inc., was found to be responsive because its bid met the requirements of
the bidding documents and is responsible because it submitted a statement of qualifications
which was evaluated prior to the proposal that shows its capability and qualifications to
perform the specified work.
Construction management and inspection agreement
Staff published a request for proposals for construction management and inspection consulting
services for the project on July 8, 2025. Four proposals were received on Aug. 6, 2025, but only
two were deemed responsive and were reviewed by a selection committee comprised of city
staff. The proposals were evaluated in accordance with Carlsbad Municipal Code Section
3.28.060(A) and the criteria provided in the request for proposals.
Based on the ranking of the proposals by the selection committee, staff recommend that the
City Council execute a professional services agreement with Rockwell Construction Services, LLC
in an amount not to exceed $1,128,620. The City Manager can extend the agreement for two
additional one-year periods, as needed.
Bid protest
On Aug. 11, 2025, staff received a bid protest from Arma Group, Inc. regarding its
disqualification from the Citywide Electrical Control Panel Replacement Project. Staff have
reviewed the protest and recommend denying the bid protest because the bidder did not have
an active Department of Industrial Relations registration number at the time of bid submission,
as required by California Labor Code Section 1725.5.
Staff recommend that the City Council deny a bid protest from Arma Group, Inc. and award an
agreement to Rockwell Construction Services, LLC.
Sept. 23, 2025 Item #4 Page 3 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
Fiscal Analysis
This project is budgeted in Capital Improvement Program Project Nos. 5542-1, 5542-2, and
5542-3, which are funded by the sewer replacement, water replacement and recycled water
replacement funds, respectively. There is sufficient funding available to complete this phase of
the project.
A summary of the estimated costs and available funds for each funding source is shown in the
tables below:
SCADA Improvements Project
Capital Improvement Program Project No. 5542-1 – Sewer
Total appropriations to date $4,684,898
Total expenditures and encumbrances to date -$950,451
Total available funds $3,734,447
Electrical control panels – Wastewater lift stations
Construction cost – Technical Services, Inc. -$901,368
Construction contingency (20%) -$180,000
Construction management, inspection, and testing – Rockwell Construction
Services, LLC -$270,868
Engineering and administration (estimated) -$38,000
Total estimated construction costs -$1,390,236
Remaining balance $2,344,211
SCADA Improvements Project
Capital Improvement Program Project No. 5542-2 – Water
Total appropriations to date $10,077,600
Total expenditures and encumbrances to date -$2,991,953
Total available funds $7,085,647
Electrical control panels – Water sites
Construction cost – Technical Services, Inc. -$2,028,078
Construction contingency (20%) -$406,000
Construction management, inspection, and testing – Rockwell Construction
Services, LLC -$609,455
Engineering and administration (estimated) -$81,000
Total estimated construction costs -$3,124,533
Remaining balance $3,961,114
Sept. 23, 2025 Item #4 Page 4 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
SCADA Improvements Project
Capital Improvement Program Project No. 5542-3 – Recycled Water
Total appropriations to date $2,394,400
Total expenditures and encumbrances to date -$661,605
Total available funds $1,732,795
Electrical control panels – Recycled water sites
Construction cost – Technical Services, Inc. -$826,254
Construction contingency (20%) -$165,000
Construction management, inspection, and testing – Rockwell Construction
Services, LLC -$248,297
Engineering and administration (estimated) -$33,000
Total estimated construction costs -$1,272,551
Remaining balance $460,244
Carlsbad Municipal Code Section 3.28.040(C)(5) authorizes the City Manager to approve change
orders in an amount equal to the contingency set at the time of a project is awarded. For this
project, that amount is $751,000.
Next Steps
Once the City Council accepts the bids and award the construction contract to Technical
Systems, Inc., staff will issue a purchase order, schedule a pre-construction meeting and issue a
notice to proceed with the construction of the project.
Also, once the agreement with Rockwell Construction Services, LLC is approved by the City
Council and is fully executed, staff will issue a purchase order and a notice to proceed for the
construction management and inspection services for the project.
Construction is expected to commence in late 2025 with a duration of about three years and an
estimated completion of December 2028.
Environmental Evaluation
The proposed action for construction to replace electrical control panels at existing water and
wastewater facilities is categorically exempt from environmental review under the California
Environmental Quality Act, or CEQA, Guidelines Section 15301 because it involves the
maintenance, repair or minor alteration of existing facilities with negligible or no expansion of
the existing or former use. No exceptions to the categorical exemption as set forth in CEQA
Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070(C) apply.
Exhibits
1. City Council resolution – construction contract
2. CMWD Board resolution – construction contract
3. City Council resolution – professional services agreement
4. CMWD Board resolution – professional services agreement
5. Location map
Sept. 23, 2025 Item #4 Page 5 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
Exhibit 1
RESOLUTION NO. 2025-209
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING THE BIDS AND AWARDING A CONSTRUCTION
CONTRACT TO TECHNICAL SYSTEMS, INC. FOR THE CITYWIDE ELECTRICAL
CONTROL PANEL REPLACEMENT PROJECT FOR WATER AND WASTEWATER
FACILITIES IN AN AMOUNT NOT TO EXCEED $3,755,700
WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary,
desirable and in the public interest to replace the water and wastewater Supervisory Control and Data
Acquisition, or SCADA, system, Capital Improvement Program, or CIP, Project Nos. 5542-1, 5542-2 and
5542-3, or Project; and
WHEREAS, the first phase of the SCADA replacement, which included the software, network
and security planning, design and development, as well as the design of new electrical control panels,
is substantially complete; and
WHEREAS, staff are prepared to move into the second phase, which consists of fabricating and
installing new electrical control panels at 54 water and wastewater sites citywide and connecting them
to the SCADA system developed in the first phase; and
WHEREAS, the city contracted with Partners in Control, Inc. DBA Enterprise Automation, Inc.,
an engineering design firm to develop plans, specifications and contract documents necessary to
complete the Project; and
WHEREAS, on May 20, 2025, the City Council adopted Resolution No. 2025-111, adopting the
plans, specifications and contract documents for the Project prepared by Partners in Control, Inc. DBA
Enterprise Automation, Inc. and authorizing the City Clerk to advertise the construction documents for
bidding; and
WHEREAS, due to the specific performance requirements of the proposed work, staff
conducted a bidder pre-qualification process and out of four respondents, two firms were identified as
being qualified to submit bids; and
WHEREAS, Technical Systems, Inc. submitted the lowest responsive and responsible bid to
construct the Project, in an amount of $3,755,700; and
WHEREAS, Carlsbad Municipal Code, or CMC, sections 3.28.080(C) and 3.28.080(I)(6) require
the City Council to award all formally bid contracts when the value exceeds $220,000, and therefore,
the Project is subject to this requirement; and
Sept. 23, 2025 Item #4 Page 6 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
WHEREAS, CMC section 3.28.040(C)(5) authorizes the City Manager or designee to approve
change orders in an amount equal to the contingency set at the time of Project award, which is
$751,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2. That the City Council has determined that the proposed action to replace electrical
control panels at existing water and wastewater facilities is categorically exempt from
environmental review under California Environmental Quality Act, or CEQA, Guidelines
Section 15301 because it involves the maintenance, repair or minor alteration of existing
facilities with negligible or no expansion of the existing or former use. No exceptions to
the categorical exemption as set forth in CEQA Guidelines Section 15300.2 or CMC
Section 19.04.070(C) apply.
3.That the lowest responsible and responsive bid of $3,755,700 submitted by Technical
Systems, Inc. for construction of the Citywide Electrical Control Panel Replacement
Project for Water and Wastewater Facilities is accepted, and the Mayor is hereby
authorized to execute a contract for the project.
4.That the City Manager or designee is authorized to sign all other documents necessary
for regulatory compliance, to extend funding opportunities, or to otherwise implement
and finalize the Project, subject to the review and approval as to form by the Office of
the City Attorney.
5.That the award of this contract is contingent upon Technical Systems, Inc. executing the
required contract and submitting the required bonds and insurance policies, as
described in the contract, within 20 calendar days after adoption of this Resolution. The
City Manager may grant reasonable extensions of time to execute the contract and
assemble the required bonds and insurance policies.
Sept. 23, 2025 Item #4 Page 7 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
PASSED, APPROVED AND ADOPTED at a Joint Meeting of the City Council and the
Carlsbad Municipal Water District Board of Directors of the City of Carlsbad on the 23rd day of
September, 2025, 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. 23, 2025 Item #4 Page 8 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
Exhibit 2
RESOLUTION NO. 1782
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT, AUTHORIZING THE USE OF AN AMOUNT NOT
TO EXCEED $2,028,078 FROM THE WATER REPLACEMENT FUND AND AN
AMOUNT NOT TO EXCEED $826,254 FROM THE RECYCLED WATER
REPLACEMENT FUND FOR THE DISTRICT’S PORTION OF THE CONSTRUCTION
CONTRACT WITH TECHNICAL SYSTEMS, INC. FOR THE CITYWIDE ELECTRICAL
CONTROL PANEL REPLACEMENT PROJECT FOR WATER AND WASTEWATER
FACILITIES
WHEREAS, the Carlsbad Municipal Water District, or CMWD, Board of Directors of the City of
Carlsbad, California has determined that it is necessary, desirable and in the public interest to replace
the water and wastewater Supervisory Control and Data Acquisition, or SCADA, system, Capital
Improvement Program, or CIP, Project Nos. 5542-1, 5542-2 and 5542-3, or Project; and
WHEREAS, the first phase of the SCADA replacement, which included the software, network
and security planning, design, and development, as well as the design of new electrical control panels,
is substantially complete; and
WHEREAS, staff are prepared to move into the second phase, which consists of fabricating and
installing new electrical control panels at 54 water and wastewater sites citywide and connecting them
to the SCADA system developed in the first phase; and
WHEREAS, the city contracted with Partners in Control, Inc. DBA Enterprise Automation, Inc.,
an engineering design firm to develop plans, specifications, and contract documents necessary to
complete the Project; and
WHEREAS, on May 20, 2025, the CMWD Board adopted Resolution No. 1769, adopting the
plans, specifications and contract documents for the Project prepared by Partners in Control, Inc. DBA
Enterprise Automation, Inc. and authorizing the City Clerk to advertise the construction documents for
bidding; and
WHEREAS, due to the specific performance requirements of the proposed work, staff
conducted a bidder pre-qualification process and out of four respondents, two firms were identified as
being qualified to submit bids; and
WHEREAS, Technical Systems, Inc. submitted the lowest responsive and responsible bid to
construct the project, in an amount of $3,755,700; and
Sept. 23, 2025 Item #4 Page 9 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
WHEREAS, the City Council of the City of Carlsbad has authorized and directed the City Manager
to award a contract to Technical Systems, Inc. to provide construction services for the Project in an
amount not to exceed $3,755,700; and
WHEREAS, the CMWD’s pro-rata share of the costs for the water and recycled water portions
of construction services of the Project are $2,028,078 and $826,254, respectively; and
WHEREAS, there are sufficient funds available in CIP Project Nos. 5542-2 and 5542-3, water and
recycled water replacement funds, respectively.
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of the City
of Carlsbad, California, as follows:
1.That the above recitations are true and correct.
2. That the CMWD Board has determined that the proposed action to replace electrical
control panels at existing water and wastewater facilities is categorically exempt from
environmental review under California Environmental Quality Act, or CEQA, Guidelines
Section 15301 because it involves the maintenance, repair or minor alteration of existing
facilities with negligible or no expansion of the existing or former use. No exceptions to
the categorical exemption as set forth in CEQA Guidelines Section 15300.2 or Carlsbad
Municipal Code Section 19.04.070(C) apply.
3. That the CMWD’s water replacement fund will pay $2,028,078 and the recycled water
replacement fund will pay $826,254 of the total contract of $3,755,700 to Technical
Services, Inc. for the portion of the Project related to construction services for the
electrical control panel replacements for water and recycled water facilities.
4.That the Executive Manager or designee is authorized to sign all other documents
necessary for regulatory compliance, to extend funding opportunities, or to otherwise
implement and finalize the project, subject to the review and approval as to form by the
Office of the General Counsel.
Sept. 23, 2025 Item #4 Page 10 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
PASSED, APPROVED AND ADOPTED at a Joint Meeting of the Carlsbad Municipal Water
District Board of Directors and the City Council of the City of Carlsbad on the 23rd day of September,
2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, President
______________________________________
SHERRY FREISINGER, Secretary
(SEAL)
Sept. 23, 2025 Item #4 Page 11 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
Exhibit 3
RESOLUTION NO. 2025-210 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DENYING A BID PROTEST AND AUTHORIZING THE EXECUTION
OF A PROFESSIONAL SERVICES AGREEMENT WITH ROCKWELL
CONSTRUCTION SERVICES, LLC TO PROVIDE CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES FOR THE CITYWIDE ELECTRICAL
CONTROL PANEL REPLACEMENT PROJECT FOR WATER AND WASTEWATER
FACILITIES IN AN AMOUNT NOT TO EXCEED $1,128,620
WHEREAS, the City Council of the City of Carlsbad, California has determined that it is necessary,
desirable and in the public interest to hire a firm experienced in construction management and
inspection services for the Citywide Electrical Control Panel Replacement Project for Water and
Wastewater Facilities, Capital Improvement Program, or CIP, Project Nos. 5542-1, 5542-2 and 5542-3,
or Project; and
WHEREAS, on July 8, 2025, staff posted a Request for Proposals, or RFP, for solicitation to
provide construction management and inspection services for the Project; and
WHEREAS, on Aug. 6, 2025, staff received four proposals in response to the RFP but only two
were deemed responsive; and
WHEREAS, upon review of the proposals based on best-value criteria consistent with Carlsbad
Municipal Code, or CMC, sections 3.28.050(D)(2) and 3.28.060(A) and criteria provided in the RFP, staff
ranked Rockwell Construction Services, LLC as the most qualified consultant to provide construction
management and inspection services for the Project; and
WHEREAS, staff and Rockwell Construction Services, LLC negotiated the scope of work and the
associated fee in an amount not to exceed $1,128,620 to provide construction management and
inspection services over an initial two-year term with two additional one-year extensions and no other
compensation for services will be allowed except for items covered by the subsequent amendments;
and
WHEREAS, CMC Section 3.28.040(D)(1) requires the City Council to approve professional
services agreements when the value exceeds $100,000, so the agreement with Rockwell Construction
Services, LLC is subject to this requirement; and
WHEREAS, on Aug. 11, 2025, Arma Group, Inc. submitted a bid protest regarding their expired
Department of Industrial Relations, or DIR, registration number; and
Sept. 23, 2025 Item #4 Page 12 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
WHEREAS, staff investigated Arma Group, Inc.’s bid protest and found it to be unsubstantiated
because the bidder did not have an active DIR registration number at the time of bid submission, as
required by California Labor Code Section 1725.5.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Council has determined that the proposed action to award a professional
services agreement for construction management and inspection services for the
project to replace electrical control panels at existing water and wastewater facilities is
categorically exempt from environmental review under California Environmental
Quality Act, or CEQA, Guidelines Section 15301 because it involves the maintenance,
repair or minor alteration of existing facilities with negligible or no expansion of the
existing or former use. No exceptions to the categorical exemption as set forth in CEQA
Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070(C) apply.
3. That the Mayor is authorized and directed to execute the professional services
agreement with Rockwell Construction Services, LLC in an amount not to exceed
$1,128,620 for construction management and inspection services for the Citywide
Electrical Control Panel Replacement Project for Water and Wastewater Facilities, CIP
Project Nos. 5542-1, 5542-2 and 5542-3, which is attached hereto as Attachment A.
4. That the City Council denies the bid protest of Arma Group, Inc.
5. That the City Manager is authorized to amend the Agreement’s initial two-year term to
extend the term for two (2) additional one (1)-year periods or parts thereof.
6. That the City Manager or designee is authorized to sign all other documents necessary
to finalize, implement and comply with the Agreement in Attachment A, subject to the
approval as to form by the City Attorney.
Sept. 23, 2025 Item #4 Page 13 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
PASSED, APPROVED AND ADOPTED at a Joint Meeting of the City Council and the
Carlsbad Municipal Water District Board of Directors of the City of Carlsbad on the 23rd day of
September, 2025, 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. 23, 2025 Item #4 Page 14 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
City Attorney Approved Version 6/20/2025
Page 1
AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE CITYWIDE
ELECTRICAL CONTROL PANEL REPLACEMENT PROJECT FOR WATER & WASTEWATER FACILITIES,
PROJECT NO. 5542-B
ROCKWELL CONSTRUCTION SERVICES, LLC
THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day of
_________________________, 2025, by and between the City of Carlsbad, California, a municipal
corporation (“City”) and Rockwell Construction Services, LLC, a California limited liability company
(“Contractor”).
RECITALS
A.City requires the professional services of a consultant that is experienced in construction
management as well as electrical inspection services of Supervisory Control and Data Acquisition (SCADA)
system installations.
B.Contractor has the necessary experience in providing professional services and advice
related to construction management as well as electrical inspection services of Supervisory Control and
Data Acquisition (SCADA) system installations.
C.Contractor has submitted a proposal to City under RFP26-3890CMI 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, City and Contractor agree as follows:
1.SCOPE OF WORK
City 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 two (2) years from the date first above written. The City
Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts of a
year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and
appropriation of funds by the City Council. 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.
5.COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term shall not exceed
one million one hundred twenty-eight thousand six hundred twenty dollars ($1,128,620). No other
compensation for the Services will be allowed except for items covered by subsequent amendments to
Docusign Envelope ID: E74B3AFD-FAE7-40D4-810A-2072665A82BE Attachment A
PSA26-3930CMI
Sept. 23, 2025 Item #4 Page 15 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
September
24th
PSA26-3930CMI
City Attorney Approved Version 6/20/2025
Page 2
this Agreement. Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in
writing. City reserves the right to withhold a ten percent (10%) retention until City 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, installation, 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 the City’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 become familiar with the system. Unless the 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 obtaining Contractor’s 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 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
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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 City. Contractor will be under the control
of City only as to the result to be accomplished, but will consult with City as necessary. The persons used
by Contractor to provide services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to this Agreement will be the full and complete compensation
to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of
Contractor or its agents, employees or subcontractors. City 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 City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers' compensation
payment which City may be required to make on behalf of Contractor or any agent, employee, or
subcontractor of Contractor for work done under this Agreement. At the City’s election, City 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 City. If
Contractor subcontracts any of the Services, Contractor will be fully responsible to City 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 City. Contractor will be 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 City.
10. OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Services.
11. INDEMNIFICATION
Contractor agrees to defend (with counsel approved by City), indemnify, and hold harmless City and its
officers, elected and appointed officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorneys fees arising out of the performance of the work described in this
Agreement caused by any willful misconduct or negligent act or omission of 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
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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 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 Contractor’s proportionate percentage of
fault.
The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or
on behalf of an injured employee under City’s self-administered workers’ compensation program 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 Coverage and Limits. Contractor will maintain the types of coverages and minimum limits
indicated below, unless Risk Manager or City 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. City, its officers, agents and employees 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 City 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
City). $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 City'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.
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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 City will be named as an additional insured on Commercial General Liability which shall
provide primary coverage to City.
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, City 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 City.
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 City sent by certified mail pursuant
to the Notice provisions of this Agreement.
12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement,
Contractor will furnish certificates of insurance and endorsements to City.
12.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages,
then City 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 City to obtain or maintain insurance and City 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. City reserves the right to require, at any time, 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 City 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 City. 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 City. Contractor will have the right to make one (1) copy of the work product for Contractor’s
records.
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16. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor
relinquishes all claims to the copyrights in favor of City.
17. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on behalf
of City and on behalf of Contractor under this Agreement are:
For City For Contractor
Name Eric Martinez Name Jim Hudson
Title Municipal Projects Manager Title President
Department CM&I Address 31480 Justin Place
City of Carlsbad Valley Center, CA 92082
Address 1635 Faraday Ave. Phone No. 760-715-3082
Carlsbad, CA 92008 Email jim.hudson@rockwell-cs.com
Phone No. 760-450-4359
Each party will notify the other immediately of any changes of address that would require any notice or
delivery to be directed to another address.
18. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. Contractor shall report investments or
interests as required in the City of Carlsbad Conflict of Interest Code.
Yes ☒ No ☐
If yes, list the contact information below for all individuals required to file:
Name Email Phone Number
19. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which
in any manner affect those employed by Contractor, or in any way affect the performance of the Services
by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and
regulations and will be responsible for the compliance of Contractor's services with all applicable laws,
ordinances and regulations.
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jim.hudson@rockwell-cs.com 760 715-3082James E. Hudson
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Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will
comply with those requirements, including, but not limited to, verifying the eligibility for employment of
all agents, employees, subcontractors and consultants whose services are required by this Agreement.
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 City 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 City Manager. The City 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 City
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 Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this
Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides
to abandon or indefinitely postpone the work or services contemplated by this Agreement, City 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 City and all work in progress to City address
contained in this Agreement. City will make a determination of fact based upon the work product
delivered to City and of the percentage of work that Contractor has performed which is usable and of
worth to City in having the Agreement completed. Based upon that finding City will determine the final
payment of the Agreement.
City 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 City. In the event of
termination of this Agreement by either party and upon request of City, Contractor will assemble the work
product and put it in order for proper filing and closing and deliver it to City. 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. City will make the final determination as to the portions of tasks completed and
the compensation to be made.
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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, City 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 City 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
City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor
acknowledges that California Government Code Sections 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 City seeks to recover penalties pursuant to the
False Claims Act, it is entitled to recover its litigation costs, including attorneys 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 City 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 City 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 City, which shall not be
unreasonably withheld.
28. THIRD PARTY RIGHTS
Nothing in this Agreement should be construed to give any rights or benefits to any party other than 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.
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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.
CONTRACTOR CITY OF CARLSBAD, a municipal corporation of
the State of California ROCKWELL CONSTRUCTION SERVICES, LLC, a
California limited liability company
By: By:
(sign here) Keith Blackburn, Mayor
James Eric Hudson, Managing Member
(print name/title)
ATTEST:
By: SHERRY FREISINGER, City Clerk
(sign here) By:
Deputy / Assistant City Clerk
(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, Secretary,
President, or Assistant Secretary,
Vice-President 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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City of Carlsbad
Proposal to Provide CM and Inspection Services for Citywide
Electrical Control Panel Replacement Project for Water and Wastewater Facilities
COST FILE – REVISION 1 (08/17/25)
REVISED PROPOSED FEE FOR SERVICES
Please note the following responses to the request from the City to negotiate and adjust our original proposal. It is important to note this proposal will be billed for hours worked only . Any unused budget
will not be billed. We always try to be realistic with our expected level of effort while at the same time
making sure we cover the level of effort that may be required. Our experience has shown that many
factors will affect our efforts. These factors range from the overall quality and efficiency of the chosen
Contractor to unexpected issues discovered during execution of the project. These factors are out of
our hands but we need to try and make sure we have them covered if possible. Please see our
adjustments below.
•Contingency – The Contingency line item has been removed. We are now aware of the apparent
low bid Contractor that will be awarded the contract. We have worked with this team several
times in the past and regard them as a very strong team. We are comfortable in removing our
contingency for this reason.
•Progress Meeting – Progress Meetings have been adjusted from weekly to bi-weekly and the
associated meeting cost has been reduced by one-half. We feel this is an appropriate request
from the City especially considering the strong Contractor team noted above.
•Administrative/Clerical – Task 4 has been added to include administrative/clerical hours and fee.
Hours and fee for Tasks 1 through 3 have been adjusted (reduced) as appropriate. RCS is a small
Company made up of individuals who have spent their careers involved with implementing these
types of projects. At RCS we all perform the same tasks, which is why we offer only one rate. We
have no clerical staff. It is our belief we would spend more time trying to dictate the technical
contents of a given document vs. doing it ourselves. Dictating and ensuring the details have all
been interpreted correctly adds another layer of effort. Our involvement on any project requires
extreme attention to an overwhelming amount of minutia. We must be 100% accurate. The
quality and reliability of the project demands it. With all this being said, and with the intent of
showing a good faith effort to work with the City we have cut our rates associated with our best
estimation of time associated with “clerical” tasks. It is important to note we will not hire clerical
staff to perform the required tasks for the reasons stated above. These tasks will still be
performed by one of the proposed individuals submitted in this proposal. We simply can’t afford
the additional time it would take to ensure the quality and accuracy we’ve built our reputation
on and this project demands.
PSA26-3930CMI Exhibit "A"
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Sept. 23, 2025 Item #4 Page 25 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
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Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
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Sept. 23, 2025 Item #4 Page 27 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
City of Carlsbad
Proposal to Provide CM and Inspection Services for Citywide
Electrical Control Panel Replacement Project for Water and Wastewater Facilities
RESPONSE APPENDIX 2 – REVISION 1 (08/17/25)
HOURLY RATE SCHEDULE
•Hourly Rate Schedule – The Hourly Rate Schedule has been adjusted to include an hourly rate for
the administrative/clerical task.
PSA26-3930CMI Exhibit "A" (cont.)
Docusign Envelope ID: E74B3AFD-FAE7-40D4-810A-2072665A82BE
Sept. 23, 2025 Item #4 Page 28 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
Rockwell Construction Services, LLC 31480 Justin Place │ Valley Center, California 92082 │760-715-3082
RATE SCHEDULE
City of Carlsbad CM and Inspection Services for Citywide Electrical Control Panel Replacement Project
for Water and Wastewater Facilities
TASK HOURLY RATE Standard Professional Services $205
(All Activities)
Administrative/Clerical $175 This Rate Sheet is effective beginning September 1, 2025, through August 31,
2027 (two year term with anticipated Notice to Proceed of September 2025).
1. All effort expended will be billed at the standard rate listed above.
2. Overtime work above 8 hours per day and between 8-12 hours will be charged at $307.50 per hour. There will not be any overtime work for the Administrative/Clerical task. 3. Any project that is over a 100 mi (round trip) from San Marcos, CA will be billed
based on a 4-hour minimum related to field activities. 4. The above rates are all inclusive and include overhead.
PSA26-3930CMI Exhibit "A" (cont.)
Docusign Envelope ID: E74B3AFD-FAE7-40D4-810A-2072665A82BE
Sept. 23, 2025 Item #4 Page 29 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
Exhibit 4
RESOLUTION NO. 1783 .
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT, AUTHORIZING THE USE OF AN AMOUNT NOT
TO EXCEED $609,455 FROM THE WATER REPLACEMENT FUND AND AN
AMOUNT NOT TO EXCEED $248,297 FROM THE RECYCLED WATER
REPLACEMENT FUND FOR THE DISTRICT’S PORTION OF A PROFESSIONAL
SERVICES AGREEMENT WITH ROCKWELL CONSTRUCTION SERVICES, LLC TO
PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR
THE CITYWIDE ELECTRICAL CONTROL PANEL REPLACEMENT PROJECT FOR
WATER AND WASTEWATER FACILITES
WHEREAS, the Carlsbad Municipal Water District, or CMWD, Board of Directors of the City of
Carlsbad, California has determined that that it is necessary, desirable and in the public interest to hire
a firm experienced in construction management and inspection services for the Citywide Electrical
Control Panel Replacement Project for Water and Wastewater Facilities, Capital Improvement
Program, or CIP, Project Nos. 5542-1, 5542-2 and 5542-3, or Project; and
WHEREAS, on July 8, 2025, staff posted a Request for Proposals, or RFP, for solicitation to
provide construction management and inspection services for the Project; and
WHEREAS, on Aug. 6, 2025, staff received four proposals in response to the RFP but only two
were deemed responsive; and
WHEREAS, upon review of the proposals based on best-value criteria consistent with Carlsbad
Municipal Code, or CMC, sections 3.28.050(D)(2) and 3.28.060(A) and criteria provided in the RFP, staff
ranked Rockwell Construction Services, LLC as the most qualified consultant to provide construction
management and inspection services for the Project; and
WHEREAS, staff and Rockwell Construction Services, LLC negotiated the scope of work and the
associated fee in an amount not to exceed $1,128,620 to provide construction management and
inspection services over an initial two-year term with two additional one-year extensions. No other
compensation for services will be allowed except for items covered by the subsequent amendments;
and
WHEREAS, the City Council of the City of Carlsbad has authorized and directed the City Manager
to execute an agreement with Rockwell Construction Services, LLC to provide construction
management and inspection services for the Project in an amount not to exceed $1,128,620; and
Sept. 23, 2025 Item #4 Page 30 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
WHEREAS, the CMWD’s pro-rata share of the costs for the water and recycled water portions
of construction management and inspection services of the Project is $609,455 and $248,297,
respectively; and
WHEREAS, there are sufficient funds available in CIP Project Nos. 5542-2 and 5542-3, water and
recycled water replacement funds, respectively.
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of the City
of Carlsbad, California, as follows:
1.That the above recitations are true and correct.
2.That the CMWD Board has determined that the proposed action to award a professional
services agreement for construction management and inspection services for the
project to replace electrical control panels at existing water and wastewater facilities is
categorically exempt from environmental review under California Environmental
Quality Act, or CEQA, Guidelines Section 15301 because it involves the maintenance,
repair or minor alteration of existing facilities with negligible or no expansion of the
existing or former use. No exceptions to the categorical exemption as set forth in CEQA
Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070(C) apply.
3. That the CMWD’s water replacement fund will pay $609,455 and the recycled water
replacement fund will pay $248,297 of the total contract of $1,128,620 to Rockwell
Construction Services, LLC for the portion of the project related to construction
management and inspection services for water and recycled water facilities.
4.That the Executive Manager or designee is authorized to sign all other documents
necessary for regulatory compliance, to extend funding opportunities, or to otherwise
implement and finalize the project, subject to review and approval as to form by the
Office of the General Counsel.
Sept. 23, 2025 Item #4 Page 31 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
PASSED, APPROVED AND ADOPTED at a Joint Meeting of the Carlsbad Municipal Water
District Board of Directors and the City Council of the City of Carlsbad on the 23rd day of September,
2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, President
______________________________________
SHERRY FREISINGER, Secretary
(SEAL)
Sept. 23, 2025 Item #4 Page 32 of 33
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7
LOCATION MAP
VICINITY MAP
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Exhibit 5
Sept. 23, 2025 Item #4 Page 33 of 33
CITYWIDE ELECTRICAL CONTROL PANEL REPLACEMENT
FOR WATER AND WASTEWATER FACILITIES 5542-1,2,3
Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7