HomeMy WebLinkAboutBlack Diamond Paving LLC; 2025-08-20; PWM26-3893TRANPWM26-3893TRAN
LIONSHEAD AVENUE WESTBOUND ASPHALT
REPLACEMENT; CONTRACT NO. 6013 Page 1 City Attorney Approved 6/5/24
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
LIONSHEAD AVENUE WESTBOUND ASPHALT REPLACEMENT
This contract is made on the ______________ day of _________________________, 2025 (“Contract”),
by the City of Carlsbad, California, a municipal corporation ("City") and Black Diamond Paving, LLC, a
limited liability corporation whose principal place of business is 2348 Meyers Ave, Escondido, CA, 92029
("Contractor").
City and Contractor agree as follows:
DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the
project described by these Contract Documents (hereinafter called "Project").
PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment,
and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in
this Contract.
CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract,
Contractor's Proposal, the Plans and Specifications, the General Provisions, as contained in the Standard
Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1
General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and
changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are
incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions
in the Contractor’s proposal.
LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad
Ordinances governing labor.
GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project
in accordance with directions and subject to inspection approval and acceptance by:
Anthony Griffin
(City Project Manager)
PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203.
PREVAILING WAGE RATES. Any construction, alteration, demolition, repair, and maintenance work,
including work performed during design and preconstruction such as inspection and land surveying work,
cumulatively exceeding $1,000 and performed under this Contract 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 Sections 1770, 1773 and 1773.1 of
the California Labor Code. Consistent with the requirement of Section 1773.2 of the California Labor code,
a current copy of applicable wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/.
Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed
by him or her in the execution of the Contract. Contractor and any subcontractors shall comply with
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Section 1776 of the California Labor Code, which requires keeping accurate payroll records, verifying and
certifying payroll records, and making them available for inspection. Contractor shall require any
subcontractors to comply with Labor Code Section 1776.
DIR REGISTRATION. California Labor Code Section 1725.5 requires the Contractor and any subcontractor
or subconsultant performing any public work under this Contract 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 Contract, Contractor must furnish the City with the
subcontractor or subconsultant's current DIR registration number.
CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATION. 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.
CALIFORNIA AIR RESOURCES BOARD (CARB) IN-USE OFF-ROAD DIESEL FUELED FLEETS REGULATION.
Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet
regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations
section 2449 et seq. throughout the term of the Project. More information about the requirements and
Contractor’s required certification is provided in Exhibit C.
CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System.
This project may utilize the Owner’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. The 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 Engineer approves otherwise, the 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. The Contractor is responsible for attaining
their own Procore support, as needed, either through the online training or reaching out to the Procore
support team. It will be the responsibility of the Contractor to regularly check Procore and review updated
documents as they are added. There will be no cost to the Contractor for use of Procore.
It is recommended that the Contractor provide mobile access for Windows, iOS located at
https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices
located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App
installed to at least one on-site individual to provide real-time access to current posted drawings,
specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient
observations or punch list items. Providing mobile access will improve communication, efficiency, and
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REPLACEMENT; CONTRACT NO. 6013 Page 3 City Attorney Approved 6/5/24
Jaron Srain
productivity for all parties. The use of Procore for project management does not relieve the contractor of
any other requirements as may be specified in the contract documents.
FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted
as part of the contract process as set forth in this Contract and not in anticipation of litigation or in
conjunction with litigation.
Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act,
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 the information.
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining
to false claims are incorporated herein by reference.
Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an
administrative debarment proceeding wherein the contractor may be prevented from further bidding on
public contracts for a period of up to five (5) years and that debarment by another jurisdiction is grounds
for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract
bidding.
Signature: ___________________________________
Print Name: ___________________________________
REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of
Commercial General Liability and Property Damage Insurance and a Certificate of Workers’ Compensation
Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates
shall indicate coverage during the period of the contract and must be furnished to the City prior to the
start of work. The minimum limits of liability insurance are to be placed with California admitted insurers
that 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.
Commercial General Liability 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.
Property damage insurance in an amount of not less than……..$2,000,000
Automobile Liability Insurance in the amount of $2,000,000 combined single limit per accident for bodily
injury and property damage. In addition, the auto policy must cover any vehicle used in the performance
of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or
non-scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot
be limited in any manner.
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The above policies shall have non-cancellation clauses providing that 30 days written notice shall be given
to the City prior to such cancellation.
The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named
insured shall also be available and applicable to the City as an additional insured.
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.
BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City
of Carlsbad Business License for the duration of the contract.
INDEMNITY. Contractor agrees to defend (with counsel approved by the City), indemnify, and hold
harmless the City and its officers, elected and appointed officials, employees and volunteers from and
against all claims, loss, damage, injury and liability of every kind, nature and description, directly or
indirectly arising from or in connection with the performance of the Contract or work; or from any failure
or alleged failure of Contractor to comply with any applicable law, rules or regulations including those
related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever
the same may be caused, resulting directly or indirectly from the nature of the work covered by the
Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the
City. The expenses of defense include all costs and expenses including attorneys’ fees for litigation,
arbitration, or other dispute resolution method.
THIRD PARTY RIGHTS. Nothing in this Agreement should be construed to give any rights or benefits to
any party other than the City and Contractor.
JURISDICTION AND VENUE. This Agreement shall be interpreted in accordance with the laws of the State
of California. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this Contract is San Diego County, California.
Start Work: Contractor agrees to start within thirty (30) working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within thirty (30) working days after commencement.
CONTRACTOR’S INFORMATION.
Black Diamond Paving, LLC 2348 Meyers Ave
(name of Contractor)
717849
(street address)
Escondido, CA, 92029
(Contractor’s license number)
A-General Engineering 1/31/2027
(city/state/zip)
760-294-4944
(license class. and exp. date)
1000008843 6/30/2028
(telephone no.)
jtatman@blackdiamondpaving.com
(DIR registration number and exp. date) (e-mail address)
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AUTHORITY. The individuals executing this Contract 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 Contract.
CONTRACTOR
BLACK DIAMOND PAVING, LLC,
a limited liability corporation
CITY OF CARLSBAD, a municipal corporation of
the State of California
By: By:
(sign here)
Jaron Srain, President
PAZ GOMEZ, Deputy City Manager, Public Works,
as authorized by the City Manager
(print name, title)
By: ATTEST:
SHERRY FREISINGER, City Clerk
(sign here)
Lisa Alvarez, CFO By:
(print name, title) Assistant City Clerk
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a
corporation, Contract must be signed by one corporate officer from each of the following two groups:
Group A Group B
Chairman,
President, or
Vice-President
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
BY: _____________________________
Assistant City Attorney
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EXHIBIT A
LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR
Set forth below is the full name and location of the place of business of each subcontractor whom the
Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the
total bid, and the portion of the Project which will be done by each subcontractor for each subcontract.
NOTE: The Contractor understands that if it fails to specify a subcontractor for any portion of the Project
to be performed under the contract in excess of one-half of one percent of the bid, the contractor
shall be deemed to have agreed to perform such portion, and that the Contractor shall not be
permitted to sublet or subcontract that portion of the work, except in cases of public emergency
or necessity, and then only after a finding, reduced in writing as a public record of the Awarding
Authority, setting forth the facts constituting the emergency or necessity in accordance with the
provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the
California Public Contract Code).
If no subcontractors are to be employed on the project, enter the word "NONE."
SUBCONTRACTORS
Type of Work
to be
Subcontracted
Business Name and Address DIR Registration No.
& Expiration Date
License No.,
Classification
& Expiration
Date
% of
Total
Contract
NONE
Total % Subcontracted: 0%
The Contractor must perform no less than 50% of the work with its own forces.
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EXHIBIT B
LIONSHEAD AVENUE WESTBOUND ASPHALT REPLACEMENT
The Contractor shall repair and replace approximately 648 square feet of asphalt that has sunk due to
poor compaction located on Lionshead Ave across the westbound side the of the roadway between 3207-
3209 Lionshead Avenue.
Contractor’s work includes but not limited to: calling for utility location, traffic control, saw cutting or cold
milling and removal of existing asphalt, installing class 2 base and compacting (to Greenbook Standards),
application of SS1H tack coat to all vertical surfaces, pave road at 6” using standard Greenbook
specifications in 3” lifts.
Before any work can start contractor shall obtain for a right-of-way permit, traffic control plan, and post
message boards about the upcoming traffic delays 2 weeks prior to project start. Contractor is responsible
to obtain a water meter from Carlsbad Municipal Water District if any city water is needed during the
project. Any road cleanup from debris left after project must be cleaned up by the contractor before
leaving the project site. All subcontractors must be added to the contract in exhibit A prior to execution
of the contract. All work shall be performed in accordance with the City of Carlsbad’s Engineering
Standards, latest edition, the 2024 Standard Specifications for Public Works Construction (Greenbook),
2018 Caltrans Standard Plans and Caltrans Specifications and California Manual on Uniform Traffic Control
Devices.
JOB QUOTATION
ITEM NO. UNIT QTY DESCRIPTION PRICE
1 SF 648 Asphalt Repair $15,772.00
2 LS 1 ROW Permit $570.00
TOTAL* $16,342.00
*Includes taxes, fees, expenses and all other costs.
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EXHIBT B
(CONTINUED)
SITE IMAGES
LIONSHEAD AVENUE WESTBOUND ASPHALT REPLACEMENT
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EXHIBIT C
In-Use Off-Road Diesel-Fueled Fleet Regulation Requirements
CARB implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations that apply
broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of
equipment used in California. More information about the requirements can be found at
https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation
Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet
regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations
section 2449 et seq. throughout the term of the Project.
The City is a “Public Works Awarding Body,” as that term is defined under Title 13 California Code of
Regulations Section 2449(c)(46). Accordingly, the Contractor must submit, with their pre-award contract
documents, valid Certificates of Reported Compliance (CRC) for the Contractor’s fleet, and for the fleets of
any listed subcontractors (including any applicable leased equipment or vehicles). Failure to provide a
valid CRC, will limit the city’s ability to proceed with awarding this Contract.
Contractor has an on-going obligation for term of this Agreement to provide copies of Contractor’s, as
well as all listed subcontractors, most recent CRC issued by CARB.
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection
and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet
including, without limitation, CRC, fuel/refueling records, maintenance records, emissions records, and
any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation
upon two (2) calendar days’ notice from the City.
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EXHIBIT C (CONT.)
IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTIFICATION
Contractor hereby acknowledges that they have reviewed the CARB’s policies, rules and regulations and are
familiar with the requirements of In-Use Off-Road Diesel-Fueled Fleet Regulation. Contractor hereby
certifies, subject to the penalty of perjury, that the option checked below relating to the Contractor’s fleet,
and/or that of their subcontractor(s) (“Fleet”) is true and correct:
☐The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of
Reported Compliance have been attached hereto.
☐The Fleet is exempt from the Regulation under Section 2449.1(f)(2), and a signed description of
the subject vehicles, and reasoning for exemption has been attached hereto.
☐Contractor and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as
defined in the Regulation pursuant to Section 2449.1(f)(3).Contractor shall keep detailed records
describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that
shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids).
☐The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4)
because this Project has been deemed an “emergency”, as that term is defined in Section 2449(c)(18).
Contractor shall only operate the exempted vehicles in the emergency situation and records of the
exempted vehicles must be maintained, pursuant to Section 2449(i)(4).
☐The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is
attached to this certification.
Name of Contractor: Black Diamond Paving, LLC
Signature:
Name: Jaron Srain
Title: President
Date:
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