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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 Docusign Envelope ID: E74B3AFD-FAE7-40D4-810A-2072665A82BE Sept. 23, 2025 Item #4 Page 16 of 33 Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7 PSA26-3930CMI City Attorney Approved Version 6/20/2025 Page 3 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 Docusign Envelope ID: E74B3AFD-FAE7-40D4-810A-2072665A82BE Sept. 23, 2025 Item #4 Page 17 of 33 Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7 PSA26-3930CMI City Attorney Approved Version 6/20/2025 Page 4 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. Docusign Envelope ID: E74B3AFD-FAE7-40D4-810A-2072665A82BE Sept. 23, 2025 Item #4 Page 18 of 33 Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7 PSA26-3930CMI City Attorney Approved Version 6/20/2025 Page 5 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. Docusign Envelope ID: E74B3AFD-FAE7-40D4-810A-2072665A82BE Sept. 23, 2025 Item #4 Page 19 of 33 Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7 PSA26-3930CMI City Attorney Approved Version 6/20/2025 Page 6 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. Docusign Envelope ID: E74B3AFD-FAE7-40D4-810A-2072665A82BE jim.hudson@rockwell-cs.com 760 715-3082James E. Hudson Sept. 23, 2025 Item #4 Page 20 of 33 Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7 PSA26-3930CMI City Attorney Approved Version 6/20/2025 Page 7 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. Docusign Envelope ID: E74B3AFD-FAE7-40D4-810A-2072665A82BE Sept. 23, 2025 Item #4 Page 21 of 33 Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7 PSA26-3930CMI City Attorney Approved Version 6/20/2025 Page 8 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. Docusign Envelope ID: E74B3AFD-FAE7-40D4-810A-2072665A82BE Sept. 23, 2025 Item #4 Page 22 of 33 Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7 PSA26-3930CMI City Attorney Approved Version 6/20/2025 Page 9 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 Docusign Envelope ID: E74B3AFD-FAE7-40D4-810A-2072665A82BE Sept. 23, 2025 Item #4 Page 23 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 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" Docusign Envelope ID: E74B3AFD-FAE7-40D4-810A-2072665A82BE Sept. 23, 2025 Item #4 Page 24 of 33 Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7 Ci t y o f C a r l s b a d Pr o p o s a l t o P r o v i d e C M a n d I n s p e c t i o n S e r v i c e s f o r C i t y w i d e E l e c t r i c a l C o n t r o l P a n e l R e p l a c e m e n t P r o j e c t f o r W a t e r a n d W a s t e w a t e r F a c i l i t i e s Co s t F i l e Pr o p o s e d F e e f o r S e r v i c e s (R e v i s i o n 1 , 8 / 1 7 / 2 5 ) Fo l l o w i n g i s a n o v e r v i e w o f S i t e C a t e g o r i e s . Wa s t e w a t e r L i f t S t a t i o n s Th i s c a t e g o r y i n c l u d e s a l l ( 9 ) L i f t S t a t i o n s . Ta s k 1 – C o n s t r u c t i o n S e r v i c e s t o i n c l u d e t h e ( 9 ) f o l l o w i n g s i t e s : 3 a , B a t i q u i t o s L i f t S t a t i o n - 3b , C a n n o n L i f t S t a t i o n - 3 c , E l F u e r t e L i f t S t a t i o n - 3d , F o x e s L a n d i n g L i f t S t a t i o n - 3 e , H o m e P l a n t L i f t S t a t i o n - 3f , Kn o t s L a n e L i f t S t a t i o n - 3g , P o i n s e t t i a L i f t S t a t i o n - 3 h , S a n d S h e l l L i f t S t a t i o n - 3i , T e r r a m a r L i f t S t a t i o n . La r g e r P o t a b l e a n d R e c l a i m e d W a t e r S i t e s i n c l u d i n g P u m p S t a t i o n s Th e s i t e s l i s t e d a n d p r i c e d f o r t h i s c a t e g o r y a r e t h e r e m a i n d e r o f t h e P o t a b l e a n d R e c l a i m e d W a t e r S i t e s . T h e I / O c o u n t s r a n g e f r o m 3 2 u p t o 9 5 . T h e f i v e P S ' s , B r e s s i P o t a b l e P S , C a l a v e r a P o t a b l e P S , B r e s s i Re c l a i m e d P S , C a l a v e r a R e c l a i m e d P S a n d t h e C W R F P S a r e i n c l u d e d i n t h i s c a t e g o r y . Ta s k 1 – C o n s t r u c t i o n S e r v i c e s t o i n c l u d e t h e ( 8 ) f o l l o w i n g s i t e s : 1 b , B r e s s s i P o t a b l e P S - 1c , C a l a v e r a P o t a b l e P S - 2 a , B r e s s i R e c l a i m e d P S - 2c , C l a v e r a R e c l a i m e d P S - 2 d , C W R F P S - (1 e a - L a r g e I / O ) 1 q , Ma e r k l e L o w e r C h l o r i n e S t a t i o n (2 e a - M i s c . S i t e s ) 2 e , D S i t e - 2 i , L a k e C a l a v e r a . Sm a l l e r S i t e s ( 1 t o 2 0 I / O P o i n t s ) Th e s i t e s l i s t e d a n d p r i c e d f o r t h i s c a t e g o r y a r e a l l P o t a b l e W a t e r o r R e c l a i m e d W a t e r f a c i l i t i e s . T h e y a r e t h e s m a l l e s t a n d t h e s i m p l e s t o f t h e v a r i o u s f a c i l i t i e s . T h e y a l l t y p i c a l l y h a v e l o w I / O c o u n t s a n d w i l l b e ta k e t h e l e a s t a m o u n t o f t i m e t o m a n a g e , i n s t a l l , t e s t a n d c l o s e - o u t . T h i s c a t e g o r y c o v e r s 3 7 s i t e s . P u m p S t a t i o n s a r e n o t i n c l u d e d s i n c e t h e y ( w i t h 1 e x c e p t i o n ) h a v e a h i g h e r I / O c o u n t a n d r e q u i r e m o r e e f f o r t t o ma n a g e , i n s t a l l a n d t e s t . Ta s k 1 – C o n s t r u c t i o n S e r v i c e s t o i n c l u d e t h e ( 3 7 ) f o l l o w i n g s i t e s : 1 a , A y e r s P R S - 1d , C W A # 2 - 1e , C W A # 3 - 1F , C W A # 4 - 1 g , C W A # 6 - 1h , E l l e r y R e s e r v o i r - 1i , E l m R e s e r v o i r - 1j , E l m T A P P R S - 1k , H a y m a r In t e r t i e - 1l , L a C o s t a H i R e s e r v o i r - 1m , L a g u n a / K e l l y P R S - 1n , M a e r k l e C o n t r o l - 1o , M a e r k l e H y d r o E l e c t r i c - 1p , M a e r k l e L a k e - 1r , M a e r k l e U p p e r C h l o r i n e S t a t i o n - 1s , M a y C o m p a n y P R S - 1t , P a l o m a r W e s t PR S - 1u , P o i n s e t t i a 6 1 P R S - 1v , P o i n t D P R S S o u t h - 1w , Q u a r r y C r e e k E a s t P R S - 1x , Q u a r r y C r e e k W e s t P R S - 1y , R a n c h o C a r l s b a d P R S - 1z R o b e r t s o n R a n c h - P R S - 1 a a , S a n t e F e 2 R e s e r v o i r - 1b b , S k y l i n e Re s e r v o i r - 1 c c , T a n g l e w o o d P R S - 1d d , T A P 4 S t a t i o n - 1e e , T A P R e s e r v o i r - 1f f , U p p e r E l F u e r t e P R S - 1g g , Z o d i a c P R S - 2b , C R e s e r v o i r - 2f , E n c i n a R e c l a i m e d P R S - 2 g , F a r a d a y R e c l a i m P R S - 2 h , L a C o s t a Re c l a i m e d P R S - 2 j, M a h r R e s e r v o i r - 2k , M e l r o s e & C o r i n t h a M e t e r - 2l , Q u a r r y C r e e k R e c l a i m e d P R S . Pa g e 1 o f 3 PS A 2 6 - 3 9 3 0 C M I Ex h i b i t " A " ( c o n t . ) Do c u s i g n E n v e l o p e I D : E 7 4 B 3 A F D - F A E 7 - 4 0 D 4 - 8 1 0 A - 2 0 7 2 6 6 5 A 8 2 B E Sept. 23, 2025 Item #4 Page 25 of 33 Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7 Ci t y o f C a r l s b a d Pr o p o s a l t o P r o v i d e C M a n d I n s p e c t i o n S e r v i c e s f o r C i t y w i d e E l e c t r i c a l C o n t r o l P a n e l R e p l a c e m e n t P r o j e c t f o r W a t e r a n d W a s t e w a t e r F a c i l i t i e s Co s t F i l e Pr o p o s e d F e e f o r S e r v i c e s (R e v i s i o n 1 , 8 / 1 7 / 2 5 ) RC S S t a n d a r d H o u r l y R a t e s f o r C M S u p p o r t S e r v i c e s l i s t e d b e l o w = $ 2 0 5 / h o u r . A d m i n i s t r a t i v e / c l e r i c a l r a t e s a r e l i s t e d b e l o w a t $ 1 7 5 / h o u r . Ta s k Ta s k D e s c r i p t i o n Ta s k H o u r s Sm a l l e r S i t e s (1 - 2 0 I / O Po i n t s ) Ta s k H o u r s La r g e r Si t e s (3 2 - 9 5 I / O Po i n t s ) Ta s k H o u r s Wa s t e w a t e r Li f t S t a t i o n s Ta s k H o u r s To t a l Ta s k Ra t e Ta s k Fe e Ta s k Fe e Su b t o t a l s Ta s k 1 – C o n s t r u c t i o n S e r v i c e s 1. 1 - C o n t r a c t A d m i n s t r a t i o n / Ma n a g e m e n t Re v i e w a n d P r o c e s s C h a n g e O r d e r s / C l a i m s . C o o r d i n a t e a n d C o n d u c t p r o j e c t ne g o t i a t i o n s , c o n t r a c t i n t e r p r e t a t i o n a n d e n f o r c e m e n t - B) P r e p a r e r e p o r t s , l e t t e r s a n d m e m o r a n d a , c o n d u c t m e e t i n g s , c o o r d i n a t e te s t i n g a n d s p e c i a l t y i n s p e c t i o n s e r v i c e s , r e v i e w d a i l y i n s p e c t i o n n o t e s , id e n t i f y a n d r e s o l v e n o n c o n f o r m i n g i t e m s , n o t i f y t h e C i t y o f s i g i n f i c a n t pr o b l e m s a n d d i s c r e p a n c i e s , i n t e r p r e t d r a w i n g s , s p e c s . a n d r e f e r e n c e st a n d a r d s , m o n i t o r c o n s t r u c t i o n a c t i v i t i e s a n d s c h e d u l e s , r e s o l v e co n s t r u c t a b l i t y p r o b l e m s , c o o r d i n a t e c o n n e c t i o n s a n d o p e r a t i o n s , p r e p a r e ch a n g e o r d e r s , r e v i e w a n d n o t i f y t h e c o n t r a c t o r o f s p e c i a l i n s p e c t i o n a n d t e s t re s u l t s , i n v e s t i g a t e c l a i m s , p e r f o r m i n s p e c t i o n s t o u n d e r s t a n d f i e l d co n d i t i o n s , r e v i e w t h e C o n t r a c t o r ' s r e c o r d d r a w i n g s p e r i o d i c a l l y a n d co n c u r r e n t l y w i t h t h e C o n t r a c t o r ' s p r o g r e s s p a y m e n t s a n d p r e p a r e p r o j e c t pu n c h l i s t s , e t c . 10 0 72 81 25 3 $2 0 5 $5 1 , 8 6 5 1. 2 - R e p o r t s a n d C o m m u n i c a t i o n s B) C o o r d i n a t e p u b l i c i n q u i r i e s a n d p r o v i d e e n d o f d a y r e p o r t s . C ) M a i n t a i n all c o r r e s p o n d e n c e i n P r o c o r e . T h i s i n c l u d e s t h e m o n t h l y r e p o r t s . 20 0 72 81 35 3 $2 0 5 $7 2 , 3 6 5 1. 3 - P h o t o D o c u m e n t a t i o n Re v i e w t h e C o n t r a c t o r ' s v i d e o o f p r e c o n s t r u c t i o n s i t e c o n d i t i o n s p r i o r t o co n s t r u c t i o n t o c o n f i r m c l e a r e x i s t i n g c o n d i t i o n s i n a f f e c t e d w o r k a r e a s a r e sh o w . P r o v i d e m o r e v i d e o s o r p i c t u r e s a s n e e d e d . D e v e l o p a n d m a i n t a i n a da i l y p h o t o g r a p h l o g . 20 0 58 65 32 3 $2 0 5 $6 6 , 2 1 5 1. 4 - C o n s t r u c t i o n P r o g r e s s M e e t i n g s Sc h e d u l e a n d c o n d u c t bi - w e e k l y o r a s - n e e d e d p r o g r e s s m e e t i n g s . P r o v i d e ag e n d a a n d m e e t i n g m i n u t e s . L U M P S U M i n c l u d e d i n s m a l l e r s i t e s . 31 2 0 0 31 2 $2 0 5 $6 3 , 9 6 0 1. 5 - S h o p D r a w i n g s a n d S u b m i t t a l Re v i e w s Fo r m a l r e v i e w a n d a p p r o v a l a r e t h e r e s p o n s i b i l i t y o f t h e C i t y ' s t e a m . C M i s re s p o n s i b l e f o r p r o v i d i n g c u r s o r y r e v i e w f o r g e n e r a l c o m p l i a n c e w i t h co n s t r u c t i o n d o c u m e n t s . G e n e r a l p r o v i s i o n s s u b m i t t a l s t o b e r e v i e w e d a n d pr o c e s s e d b y t h e C M . R e v i e w a n d c o o r d i n a t i o n o f t h e C o n t r a c t o r ' s Co n s t r u c t i o n S c h e d u l e s u b m i t t a l i s t h e r e s p o n s i b i l i t y o f t h e C M . 20 0 11 9 97 41 6 $2 0 5 $8 5 , 2 8 0 1. 6 - P l a n s a n d S p e c i f i c a t i o n s In t e r p r e t a t i o n CM t o r e v i e w a n d r e s p o n d t o C o n t r a c t o r R F I ' s i f o f a g e n e r a l n a t u r e . T e c h n i c a l RF I ' s s h a l l b e s u b m i t t e d t o t h e C i t y o r d e s i g n t e a m f o r r e s p o n s e . R F I l o g t o b e ma i n t a i n e d i n P r o c o r e . 13 3 54 65 25 2 $2 0 5 $5 1 , 6 6 0 Pa g e 2 o f 3 PS A 2 6 - 3 9 3 0 C M I Ex h i b i t " A " ( c o n t . ) Do c u s i g n E n v e l o p e I D : E 7 4 B 3 A F D - F A E 7 - 4 0 D 4 - 8 1 0 A - 2 0 7 2 6 6 5 A 8 2 B E Sept. 23, 2025 Item #4 Page 26 of 33 Docusign Envelope ID: F1774EF5-7E5B-4FC5-9717-238AA95422A7 Ci t y o f C a r l s b a d Pr o p o s a l t o P r o v i d e C M a n d I n s p e c t i o n S e r v i c e s f o r C i t y w i d e E l e c t r i c a l C o n t r o l P a n e l R e p l a c e m e n t P r o j e c t f o r W a t e r a n d W a s t e w a t e r F a c i l i t i e s Co s t F i l e Pr o p o s e d F e e f o r S e r v i c e s (R e v i s i o n 1 , 8 / 1 7 / 2 5 ) Ta s k Ta s k D e s c r i p t i o n Ta s k H o u r s Sm a l l e r S i t e s (1 - 2 0 I / O Po i n t s ) Ta s k H o u r s La r g e r Si t e s (3 2 - 9 5 I / O Po i n t s ) Ta s k H o u r s Wa s t e w a t e r Li f t S t a t i o n s Ta s k H o u r s To t a l Ta s k Ra t e Ta s k Fe e Ta s k Fe e Su b t o t a l s 1. 7 - C o n s t r u c t i o n a n d I n s p e c t i o n Se r v i c e s Pr o v i d e f u l l o r p a r t t i m e i n s p e c t i o n , a s n e e d e d , t o e n s u r e a l l w o r k i s i n co m p l i a n c e . P r o v i d e D a i l y R e p o r t s . C o o r d i n a t e a n d i n s p e c t m a t e r i a l de l i v e r i e s . M a t e r i a l t i c k e t s a r e t o b e l o g g e d i n t o P r o c o r e . S i t e t o h a v e d a i l y in s p e c t i o n w h e n C o n t r a c t o r o n s i t e . D a i l y i n s p e c t i o n d o e s n o t h a v e t o b e fu l l t i m e . I n c l u d e s t h e t i m e f o r c u t - o v e r s . 53 3 23 4 19 5 96 2 $2 0 5 $1 9 7 , 2 1 0 1. 8 - P r o g r e s s P a y m e n t s Tr a c k a n d a p p r o v e p r o g r e s s p a y m e n t s . L U M P S U M i n c l u d e d i n s m a l l e r s i t e s . 17 3 0 0 17 3 $2 0 5 $3 5 , 4 6 5 1. 9 - C o n t r a c t o r s C l a i m s a n d C h a n g e Or d e r s Co o r d i n a t e a n d T r a c k a l l C h a n g e O r d e r s a n d C l a i m s . A s s i s t t h e C i t y w i t h id e n t i f y i n g a n d n e g o t i a t i n g a c c e p t a b l e c o s t s . I n c l u d e P r o c o r e c o o r d i n a t i o n an d t r a c k i n g . 67 40 65 17 2 $2 0 5 $3 5 , 2 6 0 1, 9 1 8 64 9 64 9 3, 2 1 6 $6 5 9 , 2 8 0 Ta s k 2 – S p e c i a l I n s p e c t i o n s a n d T e s t i n g S e r v i c e s 2. 1 St a r t - u p , T e s t i n g , a n d C o m m i s s i o n i n g . 26 6 27 0 26 0 79 6 $2 0 5 $1 6 3 , 1 8 0 2. 1 Se c o n d M a n f o r T e s t i n g . 80 60 40 18 0 $2 0 5 $3 6 , 9 0 0 2. 2 P a n e l F A T ' s . 10 0 32 24 15 6 $2 0 5 $3 1 , 9 8 0 2. 2 St a r t - u p , T e s t i n g , a n d C o m m i s s i o n i n g ( O v e r t i m e a t 1 . 5 ) A d j u s t e d r a t e . 80 32 54 16 6 $1 0 2 . 5 0 $1 7 , 0 1 5 2. 2 Se c o n d M a n O T . 20 8 32 60 $1 0 2 . 5 0 $6 , 1 5 0 54 6 40 2 41 0 13 5 8 $2 5 5 , 2 2 5 Ta s k 3 – P r o j e c t C l o s e o u t 3. 1 Pr e p a r e d e t a i l e d p u n c h l i s t s a n d t r a c k u s i n g P r o c o r e . C o n f i r m a l l w o r k i s co m p l e t e a n d f i n a l i z e p r o j e c t . 26 6 60 97 42 3 $2 0 5 $8 6 , 7 1 5 26 6 60 97 42 3 $8 6 , 7 1 5 Ta s k 4 – A d m i n i s t r a t i v e / C l e r i c a l 4. 1 Ad m i n i s t r a t i v e / C l e r i c a l . L U M P S U M i n c l u d e d i n s m a l l e r s i t e s . 72 8 0 0 72 8 $1 7 5 $1 2 7 , 4 0 0 72 8 0 0 72 8 $1 2 7 , 4 0 0 To t a l H o u r s = 3, 4 5 8 1, 1 1 1 1, 1 5 6 5, 7 2 5 TO T A L F E E N O T - T O - E X C E E D = $1 , 1 2 8 , 6 2 0 Pa g e 3 o f 3 PS A 2 6 - 3 9 3 0 C M I Ex h i b i t " A " ( c o n t . ) Do c u s i g n E n v e l o p e I D : E 7 4 B 3 A F D - F A E 7 - 4 0 D 4 - 8 1 0 A - 2 0 7 2 6 6 5 A 8 2 B E 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 AVECOSTALA B L V D C A R L S B A D RD ALGA PALOMAR AIRPOR T RD EL CAMI N O RE A L RA N C H O SAN T A F E RD POINSE T T I A LANE AL I C A N T E RD EL FU E R T E OLIVENHAIN RD. M E L R O S E D R . FARADAY COLLEG E BL V D PA S E O DEL NO R T E AVE A V E N I D A E N C I N A S CANNON RD MO N R O E ST CARLS B A D VILLAGE D R MARRON TAMAR A C K AVE RD LAKECALAVERA LAGOO N AGUA HEDION D A LAGO O N BATIQUITOS LAGOON A V I A R A PKWY POINSETT I A LANE PROJECT NAME PROJECT EXHIBIT 5NUMBER PROJECT SITE REHABILITATION PONTO SEWER MANHOLE 5503-17 1 PROJECT SITE PROJECT 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