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HomeMy WebLinkAboutRockwell Construction Services LLC; 2022-04-25; PSA22-1817UTILPSA22-1817UTIL General Counsel Approved Version 6/12/18 1 AGREEMENT FOR TECHNICAL SERVICES FOR THE WATER/RECYCLED WATER SCADA IMPLEMENTATION ROCKWELL CONSTRUCTION SERVICES, LLC THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2022, by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and Rockwell Construction Services, LLC, a limited liability corporation, ("Contractor"). RECITALS A. CMWD requires the professional services of a consultant that is experienced in providing guidance related to the technical aspects of SCADA implementation. B. Contractor has the necessary experience in providing professional services and advice related to providing guidance related to the technical aspects of SCADA implementation. C. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "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 for a period of one (1) year from the date first above written. The Executive Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be twenty-nine thousand nine hundred and twenty dollars ($29,920). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". DocuSign Envelope ID: 4C98CB1C-BDBC-42BD-8493-FB2D7035E981 April 25th PSA22-1817UTIL General Counsel Approved Version 6/12/18 2 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD’s election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 8. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad, their officers, 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 herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under their self- administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. 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 DocuSign Envelope ID: 4C98CB1C-BDBC-42BD-8493-FB2D7035E981 PSA22-1817UTIL General Counsel Approved Version 6/12/18 3 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. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & 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. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for CMWD). $2,000,000 combined single limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to CMWD's satisfaction, a declaration stating this. 10.1.4 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. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. DocuSign Envelope ID: 4C98CB1C-BDBC-42BD-8493-FB2D7035E981 PSA22-1817UTIL General Counsel Approved Version 6/12/18 4 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. CMWD reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. 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. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD For Contractor Name Stephanie Harrison Name Thomas Klein Title Utilities Asset Manager Title Project Manager Carlsbad Municipal Water District Address 31480 Justin Place Address 5950 El Camino Real Valley Center, CA 92082 Carlsbad, CA 92008 Phone (760) 715-3082 Phone (760)603-7310 E-mail thomas.klein@rockwell-cs.com 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. DocuSign Envelope ID: 4C98CB1C-BDBC-42BD-8493-FB2D7035E981 PSA22-1817UTIL General Counsel Approved Version 6/12/18 5 16. 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. The Contractor shall report investments or interests in all categories. Yes ☒ No ☐ 17. 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. 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 that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the services, the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. DocuSign Envelope ID: 4C98CB1C-BDBC-42BD-8493-FB2D7035E981 PSA22-1817UTIL General Counsel Approved Version 6/12/18 6 Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code 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 CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 23. JURISDICTION AND VENUE 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. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 25. 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. DocuSign Envelope ID: 4C98CB1C-BDBC-42BD-8493-FB2D7035E981 PSA22-1817UTIL General Counsel Approved Version 6/12/18 7 26. 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 CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad ROCKWELL CONSTRUCTION SERVICES, LLC, a limited liability corporation By: By: (sign here) Vicki V. Quiram, General Manager, as authorized by the Executive Manager James Eric Hudson, Managing Member (print name/title) By: (sign here) (print name/title) If required by CMWD, 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: CELIA A. BREWER, General Counsel By: _____________________________ Assistant General Counsel DocuSign Envelope ID: 4C98CB1C-BDBC-42BD-8493-FB2D7035E981 PSA22-1817UTIL General Counsel Approved Version 6/12/18 8 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: 4C98CB1C-BDBC-42BD-8493-FB2D7035E981 Rockwell Construction Services, LLC 31480 Justin Place │ Valley Center, California 92082 │760-715-3082 April 6, 2022 Stephanie Harrison Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 Subject: Proposal to Provide Professional Services for Technical Support of the SCADA Water Replacement Project Stephanie, Rockwell Construction Services (RCS) is pleased to offer a Proposal to Provide Professional Services to the City/Carlsbad Municipal Water District (CMWD) for Technical Support of the SCADA Water Replacement Project. Scope of Work Estimated Labor Services – The RCS services being proposed herein are to provide Technical Support Services to the City/CMWD for services related to the Design, Pre-Qualification, Bid, and As-Needed portions of the SCADA Water Replacement Project. Following is a summary of Estimated Labor Services to cover the various SCADA Water Replacement Project elements. 1.SCADA Water Design a.Provide technical guidance on SCADA Water Design documents as prepared by Brown and Caldwell to assist City/CMWD achieve goals of effort. Guidance foranticipated tasks are as follows. i.Prepare for and attend Design Meetings.ii.Prepare for and attend Design Workshops.iii.Review and provide comments on Design Documents as related tocompatibility, consistency, and constructability. Anticipated designdocuments are as follows.1.90% Design.2.Draft 100% (Final) Design. Proposed Hours for Task 1 Services = 40 Hours 2.Assistance During SCADA Systems Integrator (SI) Pre-Qualification a.Prepare for and attend SI RFQ Development Meetings. b.Assist with SI Pre-Qualification RFQ Response Evaluation. c.Assist with SI Pre-Qualification Short List Selection. Proposed Hours for Task 2 Services = 24 Hours EXHIBIT "A" DocuSign Envelope ID: 4C98CB1C-BDBC-42BD-8493-FB2D7035E981 Carlsbad Municipal Water District Proposal to Provide Professional Services for Design Support of the SCADA Water Replacement Project Page 2 of 4 3. Assistance During Bid Process a. Assistance During Bid Process. Proposed Hours for Task 3 Services = 24 Hours 4. As-Needed Services a. Provide As-Needed Support services related to SCADA Water Replacement Project, as requested by the City/CMWD. Proposed Hours for Task 4 Services = 80 Hours 5. Project Management a. Project Management. Proposed Hours for Task 5 Services = 8 Hours Estimated Costs The proposed estimated costs will be billed per the attached RCS Rate Schedule. The Total Estimated Costs to provide professional services as enumerated in the Scope of Work above is $29,920 (176 hours @ $170 per hour). For purposes of this proposal, reasonable assumptions have been made for the tasks addressed herein, and the services will be provided on a time and materials basis, up to the Total Estimated Costs. Expenditures will be monitored and communicated to the City/CMWD staff. RCS will not exceed the Total Estimated Costs without written consent from the City/CMWD. ESTIMATED COSTS Task 1: SCADA Water Design = 40 Hours Task 2: Assistance During SI Pre-Qual = 24 Hours Task 3: Assistance During Bid Process = 24 Hours Task 4: As-Needed Services = 80 Hours Task 5: Project Management = 8 Hours Total Estimated Hours = 176 Hours Total Estimated Costs (176 Hours @ $170 per Hour) = $29,920 DocuSign Envelope ID: 4C98CB1C-BDBC-42BD-8493-FB2D7035E981 ~ ••• Carlsbad Municipal Water District Proposal to Provide Professional Services for Design Support of the SCADA Water Replacement Project Page 3 of 4 Stephanie, RCS looks forward to the opportunity to further discuss this proposal with the City/CMWD. Please contact me if you have any questions. Regards, Thomas M. Klein ROCKWELL Construction Services, LLC (760) 470-1576 thomas.klein.rcs@gmail.com DocuSign Envelope ID: 4C98CB1C-BDBC-42BD-8493-FB2D7035E981 ~ ••• Carlsbad Municipal Water District Proposal to Provide Professional Services for Design Support of the SCADA Water Replacement Project Page 4 of 4 Rockwell Construction Services, LLC RATE SCHEDULE (April 2022) City/Carlsbad Municipal Water District Professional Services for the SCADA Water Replacement Project TASK HOURLY RATE Standard Professional Services $170 (Office and Field Activities) 1. Overnight per diem expenses are $175 per night.1 2. Any site visit that is over a 100 mi (round trip) from San Marcos, CA will be billed based on a 2 hour minimum. 1 3. Drive/travel time not included in the 2-hour minimum above, will be billed at an hourly rate of $85. 4. The above rates are all inclusive and include overhead. 5. Should any miscellaneous out of pocket expenses be incurred, the cost will be passed through without mark-up. Project materials will be billed at cost plus 15% mark-up. Billing will be monthly, Net 30 days. 6. Rates are valid through the 1st year of the Agreement. Rates are subject to change upon agreement amendment/extension. 1 Items such as per diem and travel, would only apply for services provided at a location over 100 miles (round trip) from San Marcos, CA. DocuSign Envelope ID: 4C98CB1C-BDBC-42BD-8493-FB2D7035E981 ~ ••• INSR ADDLSUBRLTRINSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Ohio Security Insurance Company American Fire and Casualty Company Hiscox Insurance Company Inc 2/28/2022 Edgewood Partners Ins Center 3633 Inland Empire Blvd. #640 Lic #0B29370 (909) 919-7880 Ontario, CA 91764 Certificate Department 925-244-7700 925-901-0671 EPICcerts@epicbrokers.com Rockwell Construction Services, LLC 31480 Justin Place Valley Center, CA 92082 24082 24066 10200 A X X X BLS2359381377 01/01/2022 01/01/2023 1,000,000 300,000 15,000 1,000,000 2,000,000 2,000,000 A X X X BAS2359381377 01/01/2022 01/01/2023 1,000,000 B X X X 0 EAS2359381377 01/01/2022 01/01/2023 4,000,000 4,000,000 A XWS259381377 01/01/2022 01/01/2023 X 1,000,000 1,000,000 1,000,000 C Professional Liab 873287 03/02/2022 03/02/2023 $2,000,000 Each Claim $4,000,000 Aggregate City of Carlsbad/CMWD is named Additional Insured with respect to General Liability. Waiver of Subrogation applies to Workers Compensation. 30 day notice of cancellation, 10 day for non-payment of premium. City of Carlsbad/CMWD c/o EXGIS Insurance Compliance Services P.O. Box 4668-ECM#35050 New York, NY 10163-4668 1 of 1 #S3133009/M3132934 ROCKCONSTClient#: 100633 IMUN1 DocuSign Envelope ID: 4C98CB1C-BDBC-42BD-8493-FB2D7035E981 I I f--D □ f-- f-- f-- Fl n n f-- f--- f--- f--- f--H I I I I I □ I 4584of59381377002952280BLANKET 31480 JUSTIN PL VALLEY CENTER, CA 92082 Any location(S) where you have agreed in a written contract, agreement or permit POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGEPART CG 20 10 04 13 Insurance Services Office, Inc., 2012 Page 1 of 2 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily in- jury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing oper- ations for the additional insured(s) at the lo- cation(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2.If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following addi- tional exclusions apply: This insurance does not apply to "bodily in- jury" or" property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. DocuSign Envelope ID: 4C98CB1C-BDBC-42BD-8493-FB2D7035E981 -----==== iiiiiiiii,i; - -- © 4684ofCG 20 10 04 13Insurance Services Office, Inc., 2012Page 2 of 2 C.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. DocuSign Envelope ID: 4C98CB1C-BDBC-42BD-8493-FB2D7035E981 © 4784of59381377002952280BLANKET 31480 JUSTIN PL VALLEY CENTER, CA 92082 Consulting work Any Location(s) where you have agreed in a written contract, agreement or permit POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGEPART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGEPART CG 20 37 04 13 Insurance Services Office, Inc., 2012 Page 1 of 1 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily in- jury" or "property damage" caused, in whole or in part, by "your work" at the location des- ignated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-com- pleted operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2.If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. DocuSign Envelope ID: 4C98CB1C-BDBC-42BD-8493-FB2D7035E981 -----==== iiiiiiiii,i; - -- © 4484ofCOMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGEPART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGEPART CG 20 01 04 13 Insurance Services Office, Inc., 2012 Page 1 of 1 The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance avail- able to an additional insured under your poli- cy provided that: (1)The additional insured is a Named In- sured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribu- tion from any other insurance available to the additional insured. DocuSign Envelope ID: 4C98CB1C-BDBC-42BD-8493-FB2D7035E981 © 6060of250.00 Where required by contact or written agreement prior to loss and allowed by law. 0006 01/01/2022 XWS (23) 59 38 13 77 ROCKWELL CONSTRUCTION SERVICES - LLC Ohio Security Insurance Company 19291 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 79 (Ed. 01-13) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA WC 99 06 79 (Ed. 01-13) 2013Liberty Mutual Insurance Includes copyrighted material of WCIRB,with its permission. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement is $. Schedule Person or Organization Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Endorsement No. Policy Effective Premium State Policy No. Insured Insurance Company Countersigned by ___________________ DocuSign Envelope ID: 4C98CB1C-BDBC-42BD-8493-FB2D7035E981 ©