HomeMy WebLinkAboutUrban Corps of San Diego County; 2026-08-07; PWM27-4121TRANPWM27-4121TRAN
BROW DITCH CLEANING Page 1 City Attorney Approved 4/16/2026
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
BROW DITCH CLEANING – EL CAMINO REAL – CHESTNUT AVE TO TAMARACK AVE
This contract is made on the ______________ day of _________________________, 2026
(“Contract”), by the City of Carlsbad, California, a municipal corporation (“City”) and Urban Corps
of San Diego County, a California non-profit corporation, whose principal place of business is PO
Box 80156, San Diego, California, 92138 (“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. City shall withhold retention as required by Public Contract Code Section 9203.
PREVAILING WAGE RATES. [INTENTIONALLY OMITTED]
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
Docusign Envelope ID: BBD194EE-E274-8C1C-80DF-0C9BAB3D5D31
August7th
PWM27-4121TRAN
BROW DITCH CLEANING Page 2 City Attorney Approved 4/16/2026
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 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 productivity for all parties. The use of Procore for project
Docusign Envelope ID: BBD194EE-E274-8C1C-80DF-0C9BAB3D5D31
PWM27-4121TRAN
BROW DITCH CLEANING Page 3 City Attorney Approved 4/16/2026
Rhody Soria
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 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 City to disqualify the Contractor or subcontractor from participating in
contract bidding.
Signature: ___________________________________
Print Name: ___________________________________
REQUIRED INSURANCE. The successful contractor shall provide to City, 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 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.
Docusign Envelope ID: BBD194EE-E274-8C1C-80DF-0C9BAB3D5D31
PWM27-4121TRAN
BROW DITCH CLEANING Page 4 City Attorney Approved 4/16/2026
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.
The above policies shall have non-cancellation clauses providing that 30 days written notice shall
be given to City prior to such cancellation.
The policies shall name City as an additional insured. The full limits available to the named insured
shall also be available and applicable to 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 City), indemnify, and hold
harmless City, the City of Carlsbad, 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 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 sixty (60) working days after receipt of
Notice to Proceed.
Docusign Envelope ID: BBD194EE-E274-8C1C-80DF-0C9BAB3D5D31
PWM27-4121TRAN
BROW DITCH CLEANING Page 5 City Attorney Approved 4/16/2026
CONTRACTOR’S INFORMATION.
Urban Corps of San Diego County PO Box 80156
(name of Contractor)
972059
(street address)
San Diego, CA, 92138
(Contractor’s license number)
B, C49, C27; April 30, 2028
(city/state/zip)
619-629-0985
(license class. and exp. date)
2000015860; June 30, 2027
(telephone no.)
Yolanda.maeder@urbancorps.org
(DIR registration number and exp. date) (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]
Docusign Envelope ID: BBD194EE-E274-8C1C-80DF-0C9BAB3D5D31
PWM27-4121TRAN
BROW DITCH CLEANING Page 6 City Attorney Approved 4/16/2026
CONTRACTOR
URBAN CORPS OF SAN DIEGO COUNTY, a
California non-profit corporation,
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: By:
(sign here)
Rhody Soria, Chief Executive Officer
PAZ GOMEZ, Deputy City Manager, Public
Works, as authorized by the City Manager
(print name, title)
By:
(sign here)
ATTEST:
SHERRY FREISINGER, City Clerk
By:
or
or
Otherwise
Docusign Envelope ID: BBD194EE-E274-8C1C-80DF-0C9BAB3D5D31
PWM27-4121TRAN
BROW DITCH CLEANING Page 7 City Attorney Approved 4/16/2026
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.
Docusign Envelope ID: BBD194EE-E274-8C1C-80DF-0C9BAB3D5D31
PWM27-4121TRAN
BROW DITCH CLEANING Page 8 City Attorney Approved 4/16/2026
EXHIBIT B
BROW DITCH CLEANING – EL CAMINO REAL – CHESTNUT AVE TO TAMARACK AVE
Contractor shall provide: Two (2) supervisors, eight (8) corps members. Total workforce shall be
onsite for five (5) days, working forty (40) hours within that period. Contractor shall supply all
necessary manual tools, including but not limited to shovels, rakes, picks, and any other
equipment needed to complete the excavation and loading work of material removed from the
concrete brow ditch. Contractor shall manually excavate and remove sediment, debris, and
vegetation material from the brow ditch, and place all removed material directly into City-
provided trucks for transport and disposal. Contractor shall ensure safe and efficient work
practices throughout the duration of the project and maintain clear access and a clean work area
at the end of each day.
JOB QUOTATION
ITEM
NO. UNIT QTY DESCRIPTION PRICE
1 5
Days
80
Hrs. Labor – 2 supervisors – 8 hours per day $3,840.00
2 5
Days
320
Hrs. Labor – 8 Corpsmembers – 8 hours per day $12,160.00
3 5
Days Vehicle Cost per day $175 (2 vehicles) $1,750.00
TOTAL* $17,750.00
*Includes taxes, fees, expenses and all other costs.
Docusign Envelope ID: BBD194EE-E274-8C1C-80DF-0C9BAB3D5D31
PWM27-4121TRAN
BROW DITCH CLEANING Page 9 City Attorney Approved 4/16/2026
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.
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 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 City.
Docusign Envelope ID: BBD194EE-E274-8C1C-80DF-0C9BAB3D5D31
PWM27-4121TRAN
BROW DITCH CLEANING Page 10 City Attorney Approved 4/16/2026
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: Urban Corps of San Diego County
Signature:
Name: Rhody Soria
Title: Chief Executive Officer
Date:
Docusign Envelope ID: BBD194EE-E274-8C1C-80DF-0C9BAB3D5D31
8/6/2026
X
Docusign Envelope ID: BBD194EE-E274-8C1C-80DF-0C9BAB3D5D31
Docusign Envelope ID: BBD194EE-E274-8C1C-80DF-0C9BAB3D5D31