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Home My WebLink AboutDownstream Services Inc; 2026-01-07; PWM26-3989TRANPWM26-3989TRAN KELLY DR CHANNEL CLEANING CONT. NO. 66061 Page 1 City Attorney Approved 6/5/24 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT KELLY DR CHANNEL CLEANING; CONT. NO. 66061 This contract is made on the ______________ day of _________________________, 2026 (“Contract”), by the City of Carlsbad, California, a municipal corporation (“City”) and Downstream Services, Inc., a California corporation, whose principal place of business is 2855 Progress Place, 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: Dmitry Johnson (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, installation, 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 Docusign Envelope ID: 4A81B80F-800D-4BD8-8432-7675DD059D3F January7th PWM26-3989TRAN KELLY DR CHANNEL CLEANING CONT. NO. 66061 Page 2 City Attorney Approved 6/5/24 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 D. 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 Docusign Envelope ID: 4A81B80F-800D-4BD8-8432-7675DD059D3F Docusign Envelope ID: 4A81B80F-800D-4BD8-8432-7675DD059D3F PWM26-3989TRAN KELLY DR CHANNEL CLEANING CONT. NO. 66061 Page 4 City Attorney Approved 6/5/24 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 commencing work. CONTRACTOR’S INFORMATION. Downstream Services, Inc. 2855 Progress Place (name of Contractor) 807953 (street address) Escondido, CA, 92029 (Contractor’s license number) A, C-31, HAZ 9/30/2026 (city/state/zip) 760-270-1300 (license class. and exp. date) 1000004632 6/20/2026 (telephone no.) AaronS@downstreamservices.com (DIR registration number and exp. date) (e-mail address) Docusign Envelope ID: 4A81B80F-800D-4BD8-8432-7675DD059D3F Docusign Envelope ID: 4A81B80F-800D-4BD8-8432-7675DD059D3F Docusign Envelope ID: 4A81B80F-800D-4BD8-8432-7675DD059D3F PWM26-3989TRAN KELLY DR CHANNEL CLEANING CONT. NO. 66061 Page 7 City Attorney Approved 6/5/24 EXHIBIT B KELLY DR CHANNEL CLEANING The Contractor shall clean approximately 200 linear feet of open concrete-trapezoid channel and 100 linear feet of the downstream box culvert located nearest the intersection of Park Dr and Kelly Dr. Work includes removal of all vegetation and all sediment within the channel/box culvert. The Contractor shall haul away and dispose of all removed material at a city determined location. Contractor shall obtain a ROW permit and maintain appropriate traffic control and work site cleanliness. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 2 Hourly Rates – 4 to 6 Inch Bypass Trailer with Vacuum Assist Pump $1,574 2 400 Hourly Rates – 4 to 6 Inch Discharge Hose ($1.00/if daily) $400 3 32 Hourly Rates – Backhoe, Mini Excavator, Skid Steer, Wheel Loader $7,232 4 32 Hourly Rates – Camel Jet/Vacuum Combo Truck $9,920 5 64 Hourly Rates – Laborer $9,856 6 8 Hourly Rates – Pumper Truck 4,000 Gallon $1,912 7 8 Hourly Rates – Water Truck 2,000 Gallon $1,784 8 1 Misc. Items with Sales Tax $11,080 9 1 Misc Items without Sales Tax $672 10 1 Sales Tax $858.70 11 1 ROW Permit $700 TOTAL* $45,988.70 *Includes taxes, fees, expenses and all other costs. Docusign Envelope ID: 4A81B80F-800D-4BD8-8432-7675DD059D3F Docusign Envelope ID: 4A81B80F-800D-4BD8-8432-7675DD059D3F Docusign Envelope ID: 4A81B80F-800D-4BD8-8432-7675DD059D3F Docusign Envelope ID: 4A81B80F-800D-4BD8-8432-7675DD059D3F Docusign Envelope ID: 4A81B80F-800D-4BD8-8432-7675DD059D3F Docusign Envelope ID: 4A81B80F-800D-4BD8-8432-7675DD059D3F PWM26-3989TRAN KELLY DR CHANNEL CLEANING CONT. NO. 66061 Page 10 City Attorney Approved 6/5/24 EXHIBIT D 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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