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HomeMy WebLinkAboutDiamond Design LLC; 2026-07-01; PR-MPW-26014PDocusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD 1st 26July Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT BALLFIELD WARNING TRACKS PROJECT; CONT. NO. PR-MPW-26014P This contract is made on the ______ day of __________ ___, 20_ ("Contract"), by the City of Carlsbad, California, a municipal corporation (11City11 ) and Diamond Design LLC, a California limited liability corporation whose principal place of business is 11956 Bernardo Plaza Dr. #5191 San Diego, CA 92128 (11Contractor11). 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 11Project11 ). 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 Temujin Matsubara (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 BALLFIELD WARNING TRACKS PROJECT CONT. NO. PR-MPW-26014P Page 1 City Attorney Approved 5/6/2026 Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD Tracking#: 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 prevaillng 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 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 welght 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 requlrements 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 thelr own Procore BALLFIELD WARNING TRACKS PROJECT CONT. NO. PR-MPW-26014P Page 2 City Attorney Approved 5/6/2026 Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD Tracking#: OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners {NAie) latest quarterly listings report. Commercial General Liability Insurance written on an 11occurrence" 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 auto11 and cannot be limited in any manner. 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. BALLFIELD WARNING TRACKS PROJECT CONT. NO. PR-MPW-26014P Page 4 City Attorney Approved 5/6/2026 Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD Tracking#: 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 sixty (60) working days after receipt of Notice to Proceed. BALLFIELD WARNING TRACKS PROJECT CONT. NO. PR-MPW-26014P Page 5 City Attorney Approved 5/6/2026 Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD CONTRACTOR'S INFORMATION. Diamond Designs LLC (name of Contractor) 1025791 (Contractor's license number) C27 -Landscaping/ 4/30/2027 (license class. and exp. date) 1000048391 / 6/30/2027 (DIR registration number/exp. date) Tracking#: 11956 Bernardo Plaza Dr. #519 (street address) San Diego, CA 92029 (city/state/zip) 858-688-1701 (telephone no.) mosborne1@san.rr.com (e-mail address) 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. [signatures on following page] BALLFIELD WARNING TRACKS PROJECT CONT. NO. PR-MPW-26014P Page 6 City Attorney Approved 5/6/2026 Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD CONTRACTOR Diamond Designs LLC, a Cal· ornia limited liability com By: Michael Osborne, Manager (print name/title) By: (sign here) (print name/title) Tracking#: CITY OF CARLSBAD, a municipal corporation of the State of California By: Kyle Lancaster Parks & Recreation Director ATTEST: SHERRY FREISINGER, City Clerk Deputy/ 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 Chairman, President, or Vice-President Group B 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: ti~ vtf>IA,S Deputy/ Assistant City Attorney BALLFIELD WARNING TRACKS PROJECT CONT. NO. PR-MPW-26014P Page 7 City Attorney Approved 5/6/2026 Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD Tracking#: 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 Total % Subcontracted: ------- DIR Registration No. & Expiration Date License No., Classification The Contractor must perform no less than 50% of the work with its own forces. %of Total Contract BALLFIELD WARNING TRACKS PROJECT CONT. NO. PR-MPW-26014P Page 8 City Attorney Approved 5/6/2026 Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD Tracking#: EXHIBIT B SCOPE OF WORK AND COSTS Scope of Work Summary Contractor will remove and replace ballfield warning track material at Alga Norte Community Park, Aviara Community Park and Poinsettia Community Park. Work includes re-establishing edges, re-grading the base, installing new infield mix and hauling away all debris. Alga Norte Community Park Warning Track • Remove 1.5" existing warning track mix o 23 yards • Re-establish warning track edge of grass line • Hand removal of material along mow curb • Grade and scarify sub-base to provide binding • Install 25 tons of infield Angels Mix/DG o ¼" DG minus plus Angels Mix • Spread material with tractor • Fine tune with screen drag and hand raking • Water down material once grade is established for compaction • Haul away and dispose of all spoils Location Total: $9,090.57 Aviara Community Park Warning Track • Remove 1.5" existing warning track mix o 20 yards removal • Re-establish warning track edge of grass line • Hand removal of material along mow curb • Grade and scarify sub-base to provide binding • Install 25 tons of infield Angels Mix/DG o ¼" DG minus plus Angels Mix • Spread material with tractor • Fine tune with screen drag and hand raking • Water down material once grade is established for compaction • Haul away and dispose of all spoils Location Total: $9,090.57 Poinsettia Community Park, Field 1 Warning Track • Remove 1.5" existing warning track mix o 23 yards • Re-establish warning track edge of grass line BALLFIELD WARNING TRACKS PROJECT CONT. NO. PR-MPW-26014P Page 9 City Attorney Approved 5/6/2026 Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD • Hand removal of material along mow curb • Grade and scarify sub-base to provide binding • Install 25 tons of infield Angels Mix/DG o ¼" DG minus plus Angels Mix • Spread material with tractor • Fine tune with screen drag and hand raking • Water down material once grade is established for compaction • Haul away and dispose of all spoils Poinsettia Community Park, Field 2 Warning Track • Remove 1.5" existing warning track mix o 20 yards • Re-establish warning track edge of grass line • Hand removal of material along mow curb • Grade and scarify sub-base to provide binding • Install 25 tons of infield Angels Mix/DG o ¼" DG minus plus Angels Mix • Spread material with tractor • Fine tune with screen drag and hand raking • Water down material once grade is established for compaction • Haul away and dispose of all spoils Poinsettia Community Park, Field 3 Warning Track • Remove 1.5" existing warning track mix o 20 yards • Re-establish warning track edge of grass line • Hand removal of material along mow curb • Grade and scarify sub-base to provide binding • Install 25 tons of infield Angels Mix/DG o ¼" DG minus plus Angels Mix • Spread material with tractor • Fine tune with screen drag and hand raking • Water down material once grade is established for compaction • Haul away and dispose of all spoils Location Total: $28,095.34 Labor & Materials Bond: $2,313.00 Total Project Cost: $48,589.48* Tracking#: *Includes labor and materials bond, prevailing wage, taxes, fees, expenses and all other costs. BALLFIELD WARNING TRACKS PROJECT CONT. NO. PR-MPW-26014P Page 10 City Attorney Approved 5/6/2026 Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD Tracking#: Exemption: • All irrigation sprinklers, laterals, mainline, etc. will be marked out with paint/flags, removed, relocated and repaired by the landscape contractor under the direction of the city inspector. BALLFIELD WARNING TRACKS PROJECT CONT. NO. PR-MPW-26014P Page 11 City Attorney Approved 5/6/2026 Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD Tracking#: EXHIBIT C Bond No. : CE12823700020 LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Diamond Designs LLC (hereinafter designated as the "Principal"), a Contract for: BALLFIELD WARNING TRACKS PROJECT CONTRACT NO. PR-MPW-26014P in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Diamond Designs LLC, as Principal, (hereinafter designated as the "Contractor"), and Philadelphi~_I_1~de!1?Pity_lnsuranc~Cg~p!,E2:'. _____________ _ as Surety, are held firmly bound unto thc.1 City of Carlsbad in the sum of forty-eight thousand five hundred eighty-nine dollars and forty-eight cents ($48,589.48), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payrrH1nt well and truly to be made we bind ourselves, our heirs, executors and administrators, succ0ssors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contrac1or and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. BALLFIELD WARNING TRACKS PROJECT CONT. NO. PR-MPW-26014P Page 12 City Attorney Approved 5/6/2026 Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD Tracking It: Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on t his bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that Contractor is an individual, it is agr ed that the death of any such Contractor shall not exonerate th e Surety from Its obligations under thi s bond. This labor and material s bond may be approved as to form by the City Attorney for the City in counterpart, and t he counterparts shall all constitute a ingle, original Instrument. SIGNED AND SEALED, this 26th day of __ J_u_n_e _________ , 2026. ( ) Philadelphia Indemnity Insurance Company _____ ____.~-----SEAL ____________ (SEAi.) (Surety) Karen Wentling, Attorney In Paci (SEAL AND NOTARIAL ACKNOWLEDGEM ENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM : CINDIE K. McMAHON City Attorney By: fit,\,\ /Jibl,\;$ Deputy/ Assistant City Attorney BALLFIELD WARNING TRACKS PROJECT CONT. NO. PR-MPW-26014P Page 13 City Attorney Approved 5/6/2026 Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD PIIILADF:LPHIA INDEMNITY INSURANCE COMPANY One Bala Pluza, Suite I 00 Bula Cynwyd, PA 19004-0950 Power of Attorney KNOW AJ,L PERSONS BY TIIESE PRESENTS: 11mt PHILADELPHIA INDEMNITY INSlJRANCE COMPANY (the Company), a corporntion organized and existing under the laws of the Commonwealth of Pennsylvania, docs hereby constitute and appoint Nathnn i\'llller, Snndrn llartt£11, Mir belle Bennett, Brandy Prinz, Heidi It. Brutlw, Tabbatha Kepner, Chris Pu11kc or Karen Wentling of Philadelphia Indemnity Insurance Company, its trnc and lawful Allor•rny-in-fact with lull authority lo execute on its hchulf bonds, undertakings, recognizances, consents of surety and other contracts of indemnity und writings obi igutory in the 1rnture thereof, issued in the course of its business and to bind the Company thereby, in an amount not lo exceed $50,000,000, This Power of Attorney is granted und is signed and scaled by facsimile under and by the authority of the following Resolution adopted hy the Bourd of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'1, of'Novemhcr 2016. RESOLVIW: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (I) Appoint Attorney(s) in Fuel and authorize the Attomcy(s) in Fact to execute on behulf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in t he nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any lime, any such Attomcy-in-Fnct and revoke the authority given. And, he it FlJRTlmR RESOLVlm: Thal the signatures of such officers and the seal of the Company may be affixed to any such Power or Attorney or certificate relating thereto by facsimile, an<l any such Power of Attorney so executed anti ce•iillcd by lacsimilc signatures and facsimile seal shall be valid and binding upon the Company in the foture with respect lo any bond or undertaking to which it is attached. IN TESTIMONY WI IEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO RE SIGNED AND ITS CORPORATE SEAL TO RE AFFIXED BY ITS AlJTIIORIZED OFFICE TIIIS 21'1 DAY OF AUGUST 2025. wAA1 (Seal) Philadelphia Indemnity Insurance Company On this 21 '' duy of August, 2025, he fore me came the individual who executed the preceding instrnment, lo me personally known, and heing by me duly sworn said that he is the therein described and authorized officer or the 1'1111 ,ADELPIIIA INDliMNITY INSURANCE COMPANY: that the seal a111xet.l tn said instrument is the Corporate seal of said Compuny; that the said Corporate Seal and his signnturc were duly a nixed. C~mtner.wt.tll4 of ~NW/1'1'.H\IJ , Uol,n)I itA! Po\UlA lARt. -tloi,ry Publl< IJJJ'"ll&i'J!tlt,Y(O<JII\) My(o1nmlnll'.fnftp!t1HO<:l1XHH l!i, WU Cllmrr,IU\M Ut1mbu 1111lU,6 NotUI)' Public: residing at: My commission expires: BalaCynwyd October I 5, 2026 I, Angelique Cooper, Corpomte Secretary of PIIILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby ccrtily that the foregoing resolution oi'the Board oJ" Directors and the Power of Attorney issued pursuant thereto on the 21" dny of August, 2025 arc true and correct and arc still in foll force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the llthlehcd Power of Attorney lhc duly elected T'r<'sidcnt of l'HILADELPIIIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and urt1xcd the facsimile seal of each Company this 26th duy of_,J"'u"'n"'c ______ ..c2:..c(~l2"'6. Angelique Cooper. Corpornlc Secretary PIIILADJ~LPHIA INDEMNITY INSURANCE COMPANY Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD CALIFORNIA ALL-PURPOSE ACKNOWL&DQMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of <Xilil~ Pennsylvania County of Dauphin On June 26, 2026 before me, Date Michelle L. Bennetl Here lnserl Name and Title of the Officer personally appeared __J(aren Wentling ____________________ _ Name(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized oapaclty(ies), and that by his/her/their slgnature(s) on the Instrument the person(s), or tile entity upon behalf of whicl1 the person(s) acted, executed the Instrument. Commonwealth of Pennsylvania• Notary Seal Michelle L. Bennett, Notary Public Dauphin County My commission expires December 11, 2020 Commission numb11r 1161587 Mcmbor. Ponnsylvenla Association of Notaries Plt1ce Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature GO; w ;w!J2if tj.1}Ulcf t·. Signature of Notary Public ----------------OPTIONAL ---------------- Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: __________________________ _ Document Date: __________________ Number of Pages: _____ _ Signer(s) Ot11er Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Narno: ___________ _ Signer's Name: ___________ _ O Corporate Officer -Title(s): ______ _ D Corporate Officer -Tltle(s): _____ _ Cl Partner -0 Limited General D Partner -D Limited D General O Individual Attorney In Fact [] Individual D Attorney In Fact O Trustee Cl Guardian or Conservator D Trustee O Guardian or Conservator D Other: _____________ _ D Other: ____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2015 National Notary Association• www.NatlonalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item 115907 Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD Tracking#: 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 .a rb.ca .gov/ our-work/progra ms/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. BALLFIELD WARNING TRACKS PROJECT CONT. NO. PR-MPW-26014P Page 14 City Attorney Approved 5/6/2026 Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD Tracking#: EXHIBIT D (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 co rrect: ~ The Fleet is subject to the requirements of the Regulation, and the appropriate tertificate(s) of Reported Compliance have been attached hereto. □ The Fleet is exempt from the Regulation under Section 2449.l(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 Rl00 renewable diesel fuel as defined in the Regulation pursuant to Section 2449.l(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. \ 1 "I,..,. ~ u.,,c Name of Contrac or: , u,,}J';., .......... ----~~---------- Signature: __,,._..:...,_l4-~..,_ ______________ _ Name: ~t Grl:Af l, ~~ e Title: Al lwJHD' N~ ~~,L BALLFIELD WARNING TRACKS PROJECT CONT. NO. PR-MPW-26014P Page 15 City Attorney Approved 5/6/2026 Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD D>.. I CA LIFORNIA Calenclars f ~ AIR RESOURCES BOARD I DOORS Home I Message Center I Other Tools J I e-ROAR 11 RD Affirmation I Hi Michael, = I Owner Information j I Vehicle & Engine j I VDECS j I Compliance Snapshot J I Engine Repower j I Low-Use JI Agricultural j I Vehicle Funding j I Non Standard Engine j I Non Diesel Engine j I Long-Term Rental ) I Tier Phase-out Delay ) DOORS ID: 264662 Company Name: DIAMOND DESIGNS LLC Fleet Type: Off-Road Diesel DOORS Disclaimer Fleet Compliance Snapshot As of Today (January 5, 2026) v I Refresh Fleet Data J Your fleet, as currently reported, has met the off-road regulation performance requirements through the January 1, 2029 compliance date. Since your fleet has 500 horsepower or less, it qualifies for the optional compliance schedule. Under this provision, your fleet has met the off-road regulation performance requirements through the January 1, 2029 compliance date. See the Compliance Summary table below for details. The Tier Phase Out and Renewable Diesel requirements may also apply to your fleet. ~This determination is based on the make up or your CURRENT fleet in DOORS, which includes age and horsepower of engines, retrofits (if any), vehicles sold (credits, if any), exempt vehicles such as Low-Use (if any), subfleets (if any), and other credits (if any). Current Fleet Statistics Fleet Size: Small Number of Vehicles: In Fleet Average: 1 Low-Use: 0 Exempt Not Low-Use: 2 Vehicles in Funding Contracts: 0 Vehicles in Fleet: 3 Horsepower (in fleet average): 65 Total Fleet Horsepower: 187 First Compliance Date: January 1, 2019 ... Total family horsepower is the sum of the horsepower of any parent company, subsidiary, or other fleet related to the current fleet. Click the "Show Fleet Family" option button on the reporting home page for more information. Fleet Target and Average Emission Rates (g/bhp-hr) January 1, Year 2019 2020 2021 2022 2023 2024 2025 2026 2027 Target 6.5 6.2 5.8 5.4 5.0 4.6 4.2 3.8 3.4 Average 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Beyond 2028, Fleet Target Rates will no longer decrease each year, but will still be recalculated using the final year target values to account for changes in fleet composition. Requirements Your Current Fleet Average: 3.0 2028 3.0 3.0 To be in compliance each year, the fleet average must be lower than or equal to the fleet target, OR the fleet must meet the required BACT amount. For more information, please see the FAQs on Fleet Average and BACT. Compliance Summary Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD Compliance Date Begin Credit Credit Use/Expired End Credit In Compliance? Compliance Method BACT Requirement 2019-01-01 0 0 0 yes Optional Comp. Schd. na 2020-01-01 0 0 0 yes Optional Comp. Schd. na 2021-01-01 0 0 0 yes Optional Comp. Schd. na 2022-01-01 0 0 0 yes Optional Comp. Schd. na 2023-01-01 0 0 0 yes Optional Comp. Schd. na 2024-01-01 0 0 0 yes Optional Comp. Schd. na 2025-01-01 0 0 0 yes Optional Comp. Schd. na 2026-01-01 0 0 0 yes Optional Comp. Schd. na 2027-01-01 0 0 0 yes Optional Comp. Schd. na 2028-01-01· 0 0 0 yes Optional Comp. Schd. na All existing BACT credits expire after the 1/1/2028 compliance date. 2029-01-01 0 0 0 yes Optional Comp. Schd. Recent Year Fleet Size Year 2018 2019 2020 2021 2022 2023 2024 2025 2026 Fleet Size Small Small Small Small Small Small Small Small Small Optional Compliance Schedule for Fleets with 500 HP or Less Compliance Fleet Percent of Fleet (by hp) Which Must Required Tier 2 Tier 2 or Higher In Compliance? Date Total HP Have a Tier 2 or Higher Engine or Higher Engine HP Engine HP in Fleet 2019-01-01 187 25% 187 X 25% = 47 187 yes 2022-01-01 187 50% 187x50%=94 187 yes 2026-01-01 187 75% 187 X 75% = 140 187 yes 2029-01-01 187 100% 187 X 100% = 187 187 yes -View Snapshot Calculation Detail -View Sold Vehicles With No Credit -The Early Credit FAQ provides an explanation or the early credits (which are credits 2449.1(b)13 -18). and shows example calculations. If you have questions about this page, please contact ARB at doors@arb.ca.gov or call 1(877) 59-DOORS. Back to Top I All ARB Contacts SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 rights to the certificate holder in lieu of such endorsement(s). 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. (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSR 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS AUTOSAUTOSNON-OWNEDHIRED AUTOS SCHEDULEDALL OWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-TORY LIMITSWC STATU- LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05)© 1988-2010 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD (05/06/2026) Utopia Management & Insurance Services, Inc. 4617 Ruffner St. San Diego CA 92111 Utopia Insurance 858-598-1111 insurance@utopiainsurance.com CA 92128-2538 Guard Insurance Company (42390)42390 Starstone Specialty Insurance Company 12831 State National Ins Co Inc.29424 Omaha National Insurance C X x NXT3TJPF97-01-GL 12/01/202512/01/2026 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 A X x DIAU797160 05/01/202605/01/2027 1,000,000 B X x 74904B250ALI 01/01/202601/01/2027 1,000,000 1,000,000 D Y X ONCC17014043-01 05/01/202605/01/2027 1,000,000 1,000,000 1,000,000 A Physical Damage DIAU797160 05/01/202605/01/2027 Deductibles - Named Peril: $500, Coll: $1,000 Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. 30 days notice of cancellation (except for 10 days for non-payment of premium) shall be provided to the Certificate Holder named herein City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta CA 92564 Diamond Designs, LLC. 11956 BERNARDO PLAZA DR unit: 519 SAN DIEGO Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD ACORD® I ~ I x ~ D [&] ~ ~ n n n x ~ X X X X ~ I I XI I I □ I COMMERCIAL GENERAL LIABILITY NXT-0084 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used with its permission Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ADDITIONAL INSURED PRIMARY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE I.SECTION II - WHO IS AN INSURED is amended to include the person or organization shown in the SCHEDULE, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1.In the performance of your ongoing operations; or 2.In connection with your premises owned by or rented to you. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, 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. II.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 applicable Limits of Insurance shown in the Declarations. III.Coverage provided to the additional insured shown in the SCHEDULE is afforded on i) a primary basis, ii) a noncontributory basis, or iii) a primary and noncontributory basis in accordance with the applicable written contract between you and the additional insured. All other terms and conditions of the policy remain unchanged. Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box947 Murrieta, CA 92564 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 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 Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by___________________________________________ WC 00 03 13 (Ed. 4-84) © 1983 National Council on Compensation Insurance. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 Diamond Designs, LLC.ONCC17014043-01 Omaha National Insurance Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD Docusign Envelope ID: E27B4AD1-96FA-8DAC-8103-5E8DE922CFCD POLICY NUMBER: ONCC17014043-01 WORKERS COMPENSATION WC 04 03 06 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: WC990006B(.1 P) WC040306 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 SCHEDULE Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products­ completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. WC 04 03 06 © Insurance Services Office, Inc., 2008 Page 1 of 1