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HomeMy WebLinkAboutDiamond D Construction 2019-07-18SHORT FORM CONSTRUCTION CONTRACT #1920093
EV CHARGING STATION PROJECT
This Agreement is made and entered on July 18, 2019, in Ukiah,
California, by and between Diamond D Construction, LLC, a CA Limited
Liability Company ("Contractor") and the City of Ukiah ("City"), a
general law municipal corporation.
RECITALS:
1. The plans and specifications for this work ("the Work")
are contained in Exhibit A - Bid Specification, which is attached
hereto and incorporated herein by this reference.
2. Contractor is properly licensed and qualified to perform
the work.
3. Whenever this Agreement calls for City approval or
notification, the approval or notification must be signed by the
City Manager or his or her designee.
AGREEMENT:
Wherefore, in consideration of the foregoing facts and the
terms and conditions as further stated herein, the parties hereby
agree as follows.
1. PERFORMANCE OF THE WORK
Contractor will perform the Work as further provided herein.
1.1 Time of Performance. Contractor shall commence the Work
when receiving a formal Notice to Proceed, and shall complete the
Work by no later than August 16, 2019.
1.1.1. ❑ [check if applicable] It is agreed by the parties to
the contract that time is of the essence and that, in case all
the work is not completed before or upon the expiration of the
time limit as set forth, damage, other than those cost items
identified in section 1.1.2, will be sustained by the City and
that it is and will be impracticable to determine the actual
amount of damage by reason of such delay; and it is therefore
agreed that, subject to Sections 1.13-1.14, below, the
Contractor will pay to the City the sum of five hundred dollars
Short Form Construction Contract
July 18, 2019
($500.00) per day for each and every calendar day's delay beyond
the time prescribed.
1.1.2 ❑ [check if applicable] In case the work called for
under this contract is not completed within the time limit
stipulated herein, the City shall have the right as provided
hereinabove, to extend the time of completion thereof. If the
time limit be so extended, the City shall have the right to
charge to the Contractor and to deduct from the final payment
for the work the actual cost to the City of engineering,
inspection, superintendence and other overhead expenses which
are directly chargeable to the contract and which accrue during
the period of such extension, except that the cost of final
unavoidable delays shall not be included in such charges.
1.2 Construction of Contract Documents. Contractor will
perform the Work in compliance with the plans and specifications
set forth in the attached Exhibit A. If there is any inconsistency
or conflict between the plans and the specifications, the
specifications will prevail. If there is any inconsistency between
the plans and the specifications and this agreement, the terms of
this Agreement shall prevail, unless expressly stated otherwise in
a particular specification.
1.3 Contractor furnished items. Contractor will furnish all
necessary labor, materials, tools, equipment, and transportation
necessary to perform the Work.
1.4 New SB 854 requirements
1.4.1 No contractor or subcontractor may be listed on a
bid proposal for a public works project (submitted on or after
March 1, 2015) unless registered with the Department of
Industrial Relations pursuant to Labor Code section 1725.5 [with
limited exceptions from this requirement for bid purposes only
under Labor Code section 1771.1(a)].
1.4.2 No contractor or subcontractor may be awarded a
contract for public work on a public works project (awarded on
or after April 1, 2015) unless registered with the Department of
Industrial Relations pursuant to Labor Code section 1725.5.
1.4.3 This project is subject to compliance monitoring
and enforcement by the Department of Industrial Relations.
1.4.4 The Labor Commissioner through the Division of
Labor Standards Enforcement (DLSE) may at any time require
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July 18, 2019
2
contractors and subcontractors to furnish electronic certified
payroll records directly to DLSE. Commencing with contracts
awarded or after April 1, 2015, all contractors and
subcontractors must furnish electronic certified payroll records
directly to the DLSE.
1.4.5 The Prime Contractor is required to post job
notices at the job site as prescribed by regulations (currently,
8 CCR §16451(d).)
1.5 Use of Employees.
1.5.1. Contractor and any subcontractors shall pay
all mechanics and laborers employed by them to work upon the site
of the work unconditionally and without subsequent deductions or
rebate on any account the full amounts due at the time of payment
at wage rates not less than those contained in the applicable
prevailing wage determination, regardless of any contractual
relationship which may be alleged to exist between the Contractor
and subcontractors and such laborers and mechanics.
1.5.2. Contractor shall comply with the California
Labor Code Section 1775. In accordance with said Section 1775,
Contractor shall forfeit as a penalty to the City, $50.00 for each
calendar day or portion thereof, for each workman paid less than
the stipulated prevailing rates for such work or craft in which
such workman is employed for any work done under the Contract by
him or her or by any subcontractor under him or her in violation
of the provisions of the Labor Code and in particular, Labor Code
Sections 1770 to 1780, inclusive. In addition to said penalty and
pursuant to Section 1775, the difference between such stipulated
prevailing wage rates and the amount paid to each workman for each
calendar day or portion thereof for which each workman was paid
less than the stipulated prevailing wage rate shall be paid to
each workman by the Contractor.
1.5.3. Pursuant to the provision of Section 1770 of
the Labor Code of the State of California, City has ascertained
the general prevailing rate of wages (which rate includes employer
payments for health and welfare, vacation, pension and similar
purposes) applicable to the work to be done, for straight time
work. The holiday wage rate listed shall be applicable to all
holidays recognized in the collective bargaining agreement of the
particular craft, classification, or type of workers concerned.
Copies of the General Prevailing Wage Determination are on file in
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July 18, 2019
3
the office of the City Engineer and are available to the Contractor
on request. The Contractor shall post the wage determination at
the site of work in a prominent place where the workers can easily
see it.
1.5.4. City will not recognize any claim for
additional compensation because the Contractor has paid any rate in
excess of the prevailing wage rate obtained from the City Engineer.
The possibility of wage increases is one of the elements to be
considered by the Contractor in determining his or her bid and will
not in any circumstances be considered as the basis for a claim
against the City.
1.5.5. Travel and Subsistence Payments.
Contractor shall make travel and subsistence payments to
each worker needed to execute the work in accordance with the
requirements in Section 1773.8 of the Labor Code (Chapter 880,
Statutes of 1968).
1.5.6. Apprentices.
Attention is directed to the provisions in Sections
1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the
California Labor Code concerning the employment of apprentices
by the Contractor or any subcontractor under him. Contractor and
any subcontractor under him or her shall comply with the
requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards,
wage schedules and other requirements may be obtained from the
Director of Industrial Relations, ex officio the Administrator
of Apprenticeship, San Francisco, California, or from the
Division of Apprenticeship Standards and its branch offices.
Copies of Labor Code Sections 1771 (requiring prevailing wages),
1775 (imposing penalties, including a $50 per day, per worker
forfeiture, for failure to pay prevailing wages), 1776 (requiring
contractor to maintain available for inspection certified payroll
records), 1777.5 (requiring certain apprenticeship programs), 1813
(imposing penalties for failure to make records available for
inspection) and 1815 (requiring time and 11 for overtime) are
available at the Department of Industrial Relations website at
http://www.dir.ca.gov/
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4
1.6 CITY Inspector. CITY may designate an architect, engineer,
other design professional or other inspector ("Inspector") to
supervise and/or inspect Contractor's performance of the Work. The
Inspector shall have no authority to change the Work, the
compensation for performing the Work or the time for completing the
Work without City's prior written approval. City shall notify the
Contractor in writing, if it designates an Inspector.
1.7 Site Conditions. Contractor acknowledges that it has
inspected the work site and any improvements involving the Work and
satisfied itself as to the conditions which can affect the Work or
its cost. Contractor has not relied on any representation by CITY
or its officers or employees as to the condition of the site or the
houses or any condition that might affect the cost of performing
this Agreement.
1.8 New Products Required. All equipment, materials or
fixtures furnished by Contractor under this Agreement shall be new
and of the most suitable grade for the intended purpose, unless
otherwise specifically provided.
1.9 Compliance with Laws. The Contractor shall give all
notices and comply with all applicable laws, ordinances, codes,
rules and regulations. The Contractor shall secure and pay for all
permits, fees, and licenses necessary for the proper execution and
completion of the work.
1.10 Protection of Site and Improvements. The Contractor
shall preserve and protect the site, grounds and any involved
improvements and shall not alter or damage any portion thereof,
except as is absolutely necessary in order to perform the Work. The
Contractor shall repair or replace, as directed by CITY, any
property that it damages, looses or destroys in violation of this
paragraph. Contractor shall assume full responsibility for
maintaining the safety of the worksite in compliance with all
applicable state and federal worker safety and protection laws and
shall maintain the worksite in compliance with all such laws.
1.11 Inspection of Work. The Contractor shall ensure that
the Work is available for inspection by CITY or its Inspector at
all reasonable times and that no work is covered up or rendered
incapable of inspection without prior notice to CITY or its
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5
Inspector and a reasonable opportunity for inspection. The presence
or absence of an CITY inspector or the conduct of an inspection by
CITY or its Inspector shall not relieve the Contractor from any
contract requirement or compliance with Exhibit A.
1.12 Title. The Contractor warrants that it conveys full and
complete title, free of all liens and encumbrances, to all materials,
supplies, fixtures and equipment furnished to CITY under this
Agreement and agrees to fully defend and indemnify CITY, its
officers and employees, and the houses and homebuyers included in
the Work from and against any claim, lien, charge, debt, cost,
expense or liability arising from a breach of said warranty.
1.13 Warranties. In addition to any other warranties in this
contract, the Contractor warrants that the Work conforms to the
contract requirements and is free of any defect in equipment,
material or workmanship for a period of one year from the date of
final acceptance of the Work by CITY. If CITY accepts any part of
the Work before final acceptance of the entire Work, the warranty
shall continue for the period of one year from the date of such
partial acceptance. The Contractor shall remedy, at the Contractor's
expense, any failure to conform, or any defect. [Initial if
following sentence applies / / /_/] CITY shall retain of the
Contract Amount to secure the Contractor's warranty and shall remit
the unused portion of that amount at the end of the warranty period.
The time limit of this warranty shall not apply to any latent defects,
or gross negligence or fraud on the part of the Contractor.
1.14. Extension of Time.
Should any delays occur which the City may consider unavoidable, as
herein defined, the Contractor shall, pursuant to his or her
application, be allowed an extension of time proportional to said
delay or delays, beyond the time herein set forth, in which to
complete this contract; and liquidated damages for delay shall not
be charged against the Contractor by the City during an extension
of time granted because of unavoidable delay or delays.
Any claim by Contractor for a time extension based on unavoidable
delays shall be based on written notice delivered to the City within
15 days of the occurrence of the event giving rise to the claim.
Failure to file said written notice within the time specified shall
constitute a waiver of said claim. Notice of the full extent of the
claim and all supporting data must be delivered to the City within
45 days of the occurrence unless the City specifies in writing a
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July 18, 2019
6
longer period. All claims for a time extension must be approved by
the City and incorporated into a written change order.
1.15. Unfavorable Weather and Other Conditions.
During unfavorable weather and other conditions, the Contractor
shall pursue only such portions of the work as shall not be damaged
thereby. No portions of the work whose satisfactory quality or
efficiency will be affected by any unfavorable conditions shall be
constructed while these conditions remain, unless, by special means
or precautions approved by the City, the Contractor shall be able
to overcome them.
The Contractor shall be granted a time extension of one day for each
unfavorable weather day that prevents him or her from placing
concrete forms or placing and finishing concrete or asphalt concrete.
Such unfavorable weather day is defined as a rain day where
precipitation prevents the contractor from performing the work more
than four (4) continuous hours within the authorized work period or
a temperature day where the ambient temperature is below that
specified for the placement of materials associated with the
controlling work item for more than four (4) continuous work hours
of the authorized work period.
1.16. Saturday, Sunday, Holiday and Night Work.
No work shall be done between the hours of 6 p.m. and 7 a.m., nor
on Saturdays, Sundays or legal holidays except such work as is
necessary for the proper care and protection of work already
performed, or except in cases of absolute necessity and in any case
only with the permission of the City.
It is understood, however, that night work may be established as a
regular procedure by the Contractor if he or she first obtains the
written permission of the City and that such permission may be
revoked at any time by the City if the Contractor fails to maintain
at night adequate force and equipment for reasonable prosecution
and to justify inspection of the work.
1.17. Hours of Labor.
Eight (8) hours of labor shall constitute a legal day's work and
the Contractor or any subcontractor shall not require or permit more
than eight hours of labor in a day from any person employed by him
or her in the performance of the work under this contract, unless
paying compensation for all hours worked in excess of eight (8)
hours per day at not less than 1 times the basic rate of pay.
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July 18, 2019
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The Contractor shall forfeit to the City, as a penalty, the sum of
twenty-five dollars ($25.00) for each workman employed in the
execution of the contract by him or her or by any subcontractor,
for each calendar day during which such laborer, workman, or
mechanic is required or permitted to labor more than eight hours in
violation of the provisions of Section 1810 to 1816, inclusive,
(Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the
State of California and any acts amendatory thereof.
2. CONTRACT PRICE
CITY shall pay the Contractor for performance of this Agreement
time and materials with a total not to exceed amount of $42,936.96.
3. PAYMENT OF CONTRACT PRICE
3.1 City shall pay any invoice for completed work, and approved
by the City, within thirty (30) days of its receipt by City. All
payments under this contract shall be made upon the presentation of
certificates in writing from the City and shall show that the work
covered by the payments has been done and the payments thereof are
due in accordance with this contract.
4. INDEMNIFICATION AND INSURANCE.
4.1 Indemnification. The Contractor shall do all of the work
and furnish all labor, materials, tools and appliances, except as
otherwise herein expressly stipulated, necessary or proper for
performing and completing the work herein required in the manner
and within the time herein specified. The mention of any specific
duty or liability imposed upon the Contractor shall not be construed
as a limitation or restriction of any general liability or duty
imposed upon the Contractor by this contract, said reference to any
specific duty or liability being made herein merely for the purpose
of explanation.
The right of general supervision by the City shall not make the
Contractor an agent of the City and the liability of the Contractor
for all damages to persons or to public or private property, arising
from the Contractor's execution of the work, shall not be lessened
because of such general supervision.
Until the completion and final acceptance by the City of all the
work under and implied by this contract, the work shall be under
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8
the Contractor's responsible care and charge. The Contractor shall
rebuild, repair, restore and make good all injuries, damages, re -
erections and repairs, occasioned or rendered necessary by causes
of any nature whatsoever, excepting only acts of God and none other,
to all or any portions of the work, except as otherwise stipulated.
To the fullest extent permitted by law, Contractor shall indemnify
and hold harmless the City and its officers, directors, agents, and
employees from and against all claims, damages, losses and expenses
including but not limited to attorneys' fees, costs of suit, expert
witness fees and expenses and fees and costs of any necessary private
investigators arising out of or resulting from the performance of
the work, provided that any such claim, damage, loss or expense (1)
is attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property, other than the work
itself, including the loss of use resulting therefrom and (2) is
caused in whole or in part by any act or omission of the Contractor,
any subcontractor, or anyone directly or indirectly employed by any
of them, or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party
indemnified hereunder, or by the negligence or omission of a party
indemnified herein.
In any and all claims against the City or any of its agents or
employees by any employee of the Contractor, any subcontractor,
anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable, the indemnification
obligation shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or
for the Contractor or any subcontractor under workers' or workmen's
compensation acts, disability benefit acts, or other employee
benefit acts. The obligation to indemnify shall extend to and
include acts of the indemnified party which may be negligent or
omissions which may cause negligence.
The City shall have the right to estimate the amount of such damage
and to cause the City to pay the same and the amount so paid for
such damage shall be deducted from the money due the Contractor
under this contract; or the whole or so much of the money due or to
become due the Contractor under this contract as may be considered
necessary by the City, shall be retained by the City until such
suits or claims for damages shall have been settled or otherwise
disposed of and satisfactory evidence to that effect furnished to
the City.
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4.2 Insurance. Contractor shall procure and maintain for the
duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his
or her agents, representatives, employees or subcontractors.
4.2.1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial Liability
Coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
3. Worker's Compensation insurance as required by the
State of California and Employer's Liability Insurance.
4.2.2. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for
bodily injury, personal injury, and property damage. If
Commercial General Liability Insurance or other form with
a general aggregate limit is used, either the general
aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per
for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per
for bodily injury and property damage.
accident
accident
4.2.3. Deductibles and Self-insured Retentions
Any deductibles or self-insured retentions must be
declared to and approved by the City. At the option of
the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects
the City, its officers, officials, employees and
volunteers; or the Contractor shall provide a financial
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July 18, 2019
10
guarantee satisfactory to the City guaranteeing payment
of losses and related investigations, claim
administration and defense expenses.
4.2.4. Other Insurance Provisions
The general liability and automobile liability policies
are to contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials, employees, and
volunteers are to be covered as insureds with respect to
liability arising out of automobiles owned, leased, hired
or borrowed by or on behalf of the contractor; and with
respect to liability arising out of work or operations
performed by or on behalf of the Contractor including
materials, parts or equipment furnished in connection
with such work or operations. General liability coverage
can be provided in the form of an endorsement to the
Contractor's insurance, or as a separate owner's policy.
2. For any claims related to this project, the
Contractor's insurance coverage shall be primary
insurance as respects the City, its officers, officials,
employees, volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials,
employees, or volunteers, shall be excess of the
Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall
be endorsed to state that coverage shall not be canceled
by either party, except after thirty (30) days' prior
written notice by certified mail, return receipt
requested, has been given to the City.
4.2.5. Acceptability of Insurers
Insurance is to be placed with admitted California
insurers with an A.M. Best's rating of no less than A -
for financial strength, aa for long-term credit rating
and AMB -1 for short-term credit rating.
4.2.6. Verification of Coverage
Contractor shall furnish the City with original
certificates and amendatory endorsements effecting
coverage required by this clause. The endorsements shall
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July 18, 2019
11
be on forms provided by the City or on other than the
City's forms, provided those endorsements or policies
conform to the requirements. All certificates and
endorsements are to be received within 15 days from
written notice of contract award, and the work shall not
commence until the certificates and endorsements have
been approved by the City. The City reserves the right to
require complete certified copies of all required
insurance policies, including endorsements effecting the
coverage required by these Special Provisions at any time.
4.2.7. Subcontractors
Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages
for subcontractors shall be subject to all of the
requirements stated herein.
5. TERMINATION.
This Agreement may only be terminated by City: 1) for breach
of the agreement; 2) because funds are no longer available to pay
Contractor for services provided under this Agreement; or 3) City
has abandoned and does not wish to complete the project for which
Contractor was retained. City shall notify Contractor of any
alleged breach of the agreement and of the action required to cure
the breach. If Contractor fails to cure the breach within the time
specified in the notice, the contract shall be terminated as of that
time. If terminated for lack of funds or abandonment of the project,
the contract shall terminate on the date notice of termination is
given to Contractor. City shall pay the Contractor only for services
performed and expenses incurred as of the effective termination date,
unless terminated because the Contractor has failed to
satisfactorily cure a breach after notice in which event City shall:
a. retain any amounts earned under the Contract but not yet
paid by City;
b. take possession of all material and fixtures on the job
site;
c. have the right to complete the Work and recover from
Contractor any increased cost to complete the Work above the amounts
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July 18, 2019
12
that would have been paid to Contractor hereunder, together with
any other damages suffered by City as a result of said breach.
6. MODIFICATION OF AGREEMENT.
City may, from time to time, request changes in the Work, the
time to complete the work or the compensation to be paid for the
Work. Such changes must be incorporated in written amendments to
this Agreement. To be effective, all such changes as referred to
in this section must be agreed upon in writing by both parties to
this agreement.
7. ASSIGNMENT.
The Contractor shall not assign any interest in this Agreement,
and shall not transfer any interest in the same (whether by
assignment or novation), without the prior written consent of City.
8. APPLICATION OF LAWS.
The parties hereby agree that all applicable Federal, State
and local rules, regulations and guidelines not written into this
Agreement shall hereby prevail during the period of this Agreement.
9. INDEPENDENT CONTRACTOR.
It is the express intention of the parties hereto that Con-
tractor is an independent contractor and not an employee, joint
venturer, or partner of City for any purpose whatsoever. City shall
have no right to, and shall not control the manner or prescribe the
method of accomplishing those services contracted to and performed
by Contractor under this Agreement, and the general public and all
governmental agencies regulating such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate
authority in City have been inserted solely to achieve compliance
with federal and state laws, rules, regulations, and interpretations
thereof. No such provisions and no other provisions of this
Agreement shall be interpreted or construed as creating or
establishing the relationship of employer and employee between
Contractor and City.
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July 18, 2019
13
Contractor shall pay all estimated and actual federal and state
income and self-employment taxes that are due the state and federal
government and shall furnish and pay worker's compensation insurance,
unemployment insurance and any other benefits required by law for
himself and his employees, if any. Contractor agrees to indemnify
and hold City and its officers, agents and employees harmless from
and against any claims or demands by federal, state or local
government agencies for any such taxes or benefits due but not paid
by Contractor, including the legal costs associated with defending
against any audit, claim, demand or law suit.
Contractor warrants and represents that it is a properly
licensed for the work performed under this Agreement with a sub-
stantial investment in its business and that it maintains its own
offices and staff which it will use in performing under this
Agreement.
10. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance
with the laws of the State of California and any legal action
concerning the agreement must be filed and litigated in the proper
court in Mendocino County, each party consenting to jurisdiction
and venue of California state courts in Mendocino County.
11. SEVERABILITY.
If any provision of the Agreement is held by a court of com-
petent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions shall nevertheless continue in full force and
effect without being impaired or invalidated in any way.
12. INTEGRATION.
This Agreement, including the exhibits attached hereto,
contains the entire agreement among the parties and supersedes all
prior and contemporaneous oral and written agreements,
understandings, and representations among the parties. No
amendments to this Agreement shall be binding unless executed in
writing by all of the parties.
13. WAIVER.
No waiver of any of the provisions of this Agreement shall be
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July 18, 2019
14
deemed, or shall constitute a waiver of any other provision, nor
shall any waiver constitute a continuing waiver. No waiver shall
be binding unless executed in writing by the party making the waiver.
14. NOTICES.
Whenever notice, payment or other communication is required or
permitted under this Agreement, it shall be deemed to have been
given when personally delivered, emailed, telefaxed or deposited in
the United States mail with proper first class postage affixed
thereto and addressed as follows:
CONTRACTOR CITY
Diamond D Construction, LLC City of Ukiah
650 Blue Oak Dr. 300 Seminary Ave.
Ukiah, CA 95482 Ukiah, CA. 95482
Email: id,C.on54-►-U,ej•tor)V0 d -lank. Email: mwilliamson@cityofukiah.com
FAX: p4A tOYv-) FAX: 707-313-3831
Service by telefax shall bear a notation of the date and place of
transmission and the facsimile telephone number to which transmitted.
Either party may change the address to which notices must be sent
by providing notice of that change as provided in this paragraph.
15. PARAGRAPH HEADINGS.
The paragraph headings contained herein are for convenience
and reference only and are not intended to define or limit the scope
of this agreement.
16. EXECUTION OF AGREEMENT.
This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties. Alternatively,
this Agreement may be executed and delivered by facsimile or other
electronic transmission, and in more than one counterpart, each of
which shall be deemed an original, and all of which together shall
constitute one and the same instrument. When executed using either
alternative, the executed agreement shall be deemed an original
admissible as evidence in any administrative or judicial
proceeding to prove the terms and content of this Agreement.
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15
WHEREFORE, the parties have entered this Agreement on the date
first written above.
CONTRACTOR 0 G,n/usi a � ' `'"" CITY i UKIA
(��( yZAj,v
BY : W► i Li./✓.�.�LMlAli/ A. r
..ge Sangiacomo
ity Manager
By
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California Contractor's License Number 1027104 [Number or N/A]
Short Form Construction Contract
July 18, 2019
16
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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
INSR
TYPE OF INSURANCE
ADDL SUBR
INSR WVD
POLICY NUMBER
POLICY EFF POLICY EXP
(MMIDDMfYY) (MM/DD/YYYY)
UMITS
714-455-7156
GENERAL LIABILITY
INSURER(S) AFFORDING COVERAGE
INSURER A : West Congress - Certain Underwriters at Lloyd's
NAIC #
INSUREDINSURER
Diamond D Construction
650 Blue Oak Drive
Ukiah CA 95482
EACH OCCURRENCE
$ 1,000,000
INSURER C : Great American
X I COMMERCIAL
GENERAL LIABILITY
[ X
OCCUR
INSURER E :
INSURER F
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
$ 100,000
$ 5,000
CLAIMS -MADE
A
X
WCIS-CEL-0003464-01
4/24/2019 4/24/2020
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 2,000,000
GEN'L AGGREGATE
X POLICY
LIMIT
JEcOT-
7 LOC
$
AUTOMOBILE LIABILITY
(Ea accdentSINGLE LIMIT
$ 1,000,000
BODILY INJURY (Per person)
$
B
ANY AUTO
ALL OWNED
X
SCHEDULED
06233627-2
6/20/2019 6/20/2020
BODILY INJURY (Per accident)
$
AUTOS
—
AUTOS
NON -OWNED
PROPERTY DAMAGE
(Per accident)
$
HIRED AUTOS
AUTOS
UMBRELLA LIAB
X
OCCUR
EACH OCCURRENCE
$ 5,000,000
A
X ! EXCESS LIAB
DED 1 RETENTION
$
CLAIMS -MADE
WCIS-CEL-0003465-01
4/24/2019
4/24/2020
AGGREGATE
$ 5,000,000
$
WORKERS COMPENSATION
WC STATU-
TORY LIMITS
OTH-
ER
AND EMPLOYERS' LIABILITY YIN
E.L. EACH ACCIDENT
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
in NH)
NIA .
E.L. DISEASE - EA EMPLOYEE
$
(Mandatory
If yes, describe under
DESCRIPTION OF OPERATIONS below
1
E.L. DISEASE - POLICY LIMIT
$
C
INLAND MARINE EQUIP FLOATER
IMP E241026 01 00
08/18/2018 08/18/2019
EQUIP FLOATER: $210,986
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Certificate holder is listed as additional insured.
A� 0
®CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDD/YYYY)
7/18/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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).
PRODUCER
Accessible Insurance Services
PO Box 2846
Newport Beach CA 92663
CONTACT Steve Kuzmyak
NAME:
PHONE 949-706-4736 {AIC, No): AX
(A/C, No, Ext):
714-455-7156
EDDRESS: stevekuzmyak@gmail.com
INSURER(S) AFFORDING COVERAGE
INSURER A : West Congress - Certain Underwriters at Lloyd's
NAIC #
INSUREDINSURER
Diamond D Construction
650 Blue Oak Drive
Ukiah CA 95482
8 : Progressive
INSURER C : Great American
INSURER D :
INSURER E :
INSURER F
t..ER I Irn..A1c fVLIJcr\
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
—...------------
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
/cV7a04‘ A 11 ...I.►c . na
ACORD 25 (2010/05)
The ACORD name and logo are registered marks of ACORD
•
COVtKAtaCD
THIS
INDICATED.
CERTIFICATE
EXCLUSIONS
INSR
V cm
IS TO CERTIFY THAT THE POLICIES
NOTWITHSTANDING ANY REQUIREMENT,
MAY BE ISSUED OR MAY PERTAIN,
AND CONDITIONS OF SUCH
TYPE OF INSURANCE
1 rr,Vll
OF INSURANCE
POLICIES.
INNSSRL
r G
THE
WVVDR
nVmo�”..
LISTED BELOW HAVE BEEN ISSUED TO
TERM OR CONDITION OF ANY CONTRACT
INSURANCE AFFORDED BY THE POLICIES
LIMITS SHOWN MAY HAVE BEEN REDUCED BY
FF
YYY)
POLICY NUMBER IA sDDY/YE
THE INSURED
OR OTHER DOCUMENT
DESCRIBED
PAID CLAIMS
POUCY EXP
1NJDDIYYYY1
______ _ _
NAMED ABOVE FOR THE POLICY PERIOD
WITH RESPECT TO WHICH THIS
HEREIN IS SUBJECT TO ALL THE TERMS,
UMTS
I.TR
LT
GENERAL UABILITY
INSURER A: State National Insurance Company, Inc
12831
INSURED
South East Employee Leasing Services, Inc.
(LCF) Diamond D Construction LLC
2739 US Highway 19 North
Holiday, FL 34691
INSURERS :
EACH OCCURRENCE
$
INSURER D :
LIABILITY
INSURER E :
INSURER F :
DAMAGE TO RENTED
PREMISES (Ea oxurenoo)
$
COMMERCIAL GENERAL
I I OCCUR
MED EXP (Any one person)
$
CLAIMS -MADE
PERSONAL & ADV INJURY
$
PER'
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
$
$
GEN'L AGGREGATE LIMIT APPLIES
n POLICY n PRO- n LOC
$
AUTOMOBILE LJAaIt.Ti'Y
(Ea aBWheen SINGLE LIMIT
—
BODILY INJURY (Per person)
$
ANY AUTO
ALL OWNED
—
SCHEDULED
BODILY INJURY (Per accident)
$
AUTOS
HIRED AUTOS
_....
AUTOS
NON -OWNED
AUTOS
PROPERTY DAMAGE
(Per accident)_
$
$
UMBRELLA UAB
EACH OCCURRENCE
$
EXCESS UAB
1
OCCUR
CLAIMS MADE
AGGREGATE
$
DED RETENTION$
$
A
WORKERS COMPENSATION
AND EMPLOYERS' WeEITY
YI ^ N(
❑
CWC71949-1129 1/1/2019
1/1/2020
``
X..I WCA 78- I -1 T -
--
El EACH ACCIDENT
--.
$1,000,000
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? U
N / A
Et DISEASE - EA EMPLOYEE
$ $1,000,00
(Mandatory in NH)
If yea describe under
DESCRIPTION OF OPERATIONS below
EL OiSEASE -POLICY LIMIT
.
$ $1,000,000
DESCRtPT1ON OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space le required)
(California Operations Only) Coverage is extended to leased employees as approved and assigned by South East Employee Leasing Services, Inc. but not
subcontractors or nonleased employees of: Diamond D Construction LLC
Project Name:
ISSUE 07-18-19 (AR)
ACISPRD CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDDnYYY)
7/18/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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).
PRODUCER
Plymouth Insurance Agency, Inc.
2739 US Highway 19 North
Holiday, FL 34691
CONTACT
PItoNE 1-800-966-5562 FAX
IA/C. No. Extl: (AIC. No):
EMAIL
ADDRESS.
INSURERS) AFFORDING COVERAGE
NAIC N
INSURER A: State National Insurance Company, Inc
12831
INSURED
South East Employee Leasing Services, Inc.
(LCF) Diamond D Construction LLC
2739 US Highway 19 North
Holiday, FL 34691
INSURERS :
INSURER C
INSURER D :
INSURER E :
INSURER F :
(..CK1IruI.A1CnlJL.0 r
CITY OF UKIAH
300 SEMINARY AVENUE6Arot
UKIAH, CA 95482
•----.••-•.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
A Cao•
wTrnu wu .14.1.e..r.s.vu1
ACORD 25 (2010/05)
The ACORD name and logo are registered marks of ACORD
EXHIBIT A
:Bfrb may be gmiled,fifixe.a. or harvideliiIered..iothe contact informotfOnlisleet
herein, and by tbesspedifieddeadlirie, or the bidswill be rejected
n, L LL
Oak,0 r.
k a)n CA .cF342._
BIDS.:ARE REOPEST:ED FOR TIIE FOLLOWING ITEMS:
Submitted by:
(Company Name
& Address)
Line.
item
2.
QUANTITY
272
132
164
1
VN1T OF
MEASURE
SF
EA
_ SF
SF
LS
LS
LS
SIGNATURE:. LQJf
PRINT NAME
0.
DESCRIPTION
PAGE 1 OF 33
REQUEST FOR RID
1320 AIRPORT ROAD
UKIAH,. CALIFORNIA 95482
P: (707) 467-5777; F: (707).313-3831
DATE: 6/25/2019
REQ. NO. 32819
RIDS WILL RE RECEIVED UNTIL
1:30 p.m, July 10, 2019
AT TILE OFFICEOF T1.1E.BUYER 11
1320 AIRPORT Rp.. CITY cift11:1A1:1
BY: Mary Willimnson
Email: mwilliamson@dityofukith:eom
ALL BIDS SHALL BE F.O.B. UKIAH, CA.
UNIT PRICE
EXTENDED PRICE
All labor, equipment and materials for the installation of a
pedestrian walkway thru the park, a wheel chair accessible van
parking space, lower one of the two EV Charger foundations
and add an ADA accessible ramp from the parking space to the
new walkway in the parking lot and park on North Oak Street
between Westatandley Street and West Perkins Street in Ukiah,
.(Dt
3(01-
519.o0
31b10
Concrete sidewalk
ADA Ramp with Bottom:and Top Landing
perrOtipn and leveling anew parking I�ation_
APP!YMI21.10.t PnCI:N..'?.'ff *Ong . . .
Lanascupe removal and replacement
Mobilization and Demolition 5,7
Safely: re-LOcate Monumentto new Location p' back of Exittiqj Location.'
L
34S
iq
PHONE:b t-5-1 qb5.- 449U1
DATE:
TOTAL:
14-"Liet-1
l'aypierit Terms:
LEAD TIME ARO.:
N30.
. conn-t-i-ucct, t,r0
TERMS:'
1. LOCAL PREF ERENGE.t Local Vendors shall be given --an •allowance or five percent (5%),. up to. a 'maximum allowance ot 52,500, On any Isktlor
• suppcies..eqUipmerit.aridlor-materials per Ukiah City Code Section 152/.0.4. A Leoal Vendor is defined aione.vihich,11 conducts busineSsin an
office or other business premiSes•with.a physical 1ocation in Mendatino•(.,ounty, 2) holds a valid business license itsuedbyMendcicirici.Cpunty.
or one of the cities in Mendocino -County forthat business location., and 3) has.conducted business in compliance with'1) and 2) for not ieSt than
six (6) months prior to requesting the.preterence,. The City shalt receive satisfactory 'or* that a business qualities as •a local vendor betioreit
may receive Inc Iocal preference. In the eventinit.tnere is a tie bid, where one bidder is !Doe', the.other ts net, and the bid is equal in price.anci
quality hip award Shaligo to the Local Vendor.
2. Rightis:resen.red to reject any and
Right is reserved to accept.separate Reins uniess .specitically denied.by.bidder.
4. Right reserved.to relect.a bid ironi any bidder Who-tiaS previously tailea.ta pedorm adequately tor the. -City. of Ukiah:
5. In (AbE OF OEFAULT, the pity.ot Ukiah may procure the itemsluoted on trom.other sources and hold the'orieinal bidder liable:tor any increased
costs.,
6. •Thepnce, terms delivery point, ancf.cleiivery date may individually or couectively be the basis pt.tne awarding ot tne bid7 In .
aubmitting:the bid bidderagrees that the bid .shall remain open and may not be revoked or Withdrawn tor Litlxleys tiorrithabid due date unless
a different time period is speOitted in RFB.
8,
rees to .achrf„ren tri jig thg: .accoitanceis conimunicated.tO thetidderl,vithin'thetime sPecifiarl in.nuniber 7 above.
s.
Exhibit A
REQUEST FOR BID
City of Ukiah
EV CHARGING STATION PROJECT
Specification No. E32819
June 25, 2019
Bid Due Date
1:30 p.m. July 10, 2019
City of Ukiah EV Charging Station Project
I. Introduction
City of Ukiah is seeking bids from qualified Contractors for all labor, equipment and materials for the
installation of a pedestrian walkway, a wheel chair accessible van parking space, lower one of two EV
charger foundations and add an ADA accessible ramp from the parking space to the new walkway in Ukiah,
CA 95482.
II. Bid Procedure
PLEASE TAKE NOTICE: This request for Bid (RFB) is issued as an open market purchase under Section
1522 of the Ukiah City Code. This is not a formal or informal bid under the provisions of state law
governing RFB's for Public Projects. The procedures governing open market purchases are at the discretion
of the Purchasing Officer to use modern communications, including the telephone, e-mail and the Internet,
to obtain the lowest possible price, consistent with the City's needs. The Purchasing Officer does use City
bitter's list when soliciting bids. You may contact the Purchasing Officer if you would like to be placed on
the City's bidder list.
III. Contact Person
The City has designated Mary Williamson, Buyer II, as the contact person for questions related to the work
requested. Questions are to be submitted in writing, and can be done so by fax at (707) 313-3831, or by e-
mail at mwi11iamson;cr'citvofukiah.cnm.
IV. Examination of the Site
The Contractor should familiarize himself with the local conditions of the project sites, and shall be
responsible for having acquired full knowledge of the job and all problems affecting it. Failure to do so
will in no way relieve him/her of the responsibility for performing any of the work or operations required
as part of this contract.
V. Bid Submittal Instructions
Bids can be submitted in hardcopy, fax, or by email. Bids are due on or before 1:30 PM, July 10, 2019
to:
City of Ukiah Purchasing Department
Attn: Mary Williamson
1320 Airport Road
Phone: (707) 467-5777, Fax: (707) 313-3831
Email: mw iIIiamson!(7citvofukiah.cont
It will be the sole responsibility of the bidders to have their bids delivered to the City before the closing
hour and date. Late bids will not be considered and will be returned unopened to the sender. The City will
not be responsible for any cost incurred by the Contractor in preparation of their bid response.
VL Scope of Work
Work requested shall, in general, consist of all labor, equipment and materials for the installation of a
pedestrian walkway thru the park, a wheel chair accessible van parking space, lower one of the two EV
Charger foundations and add an ADA accessible ramp from the parking space to the new walkway in the
parking lot and park on North Oak Street between West Standley Street and West Perkins Street in Ukiah,
California. (See Attachment A, Pages 1-5)
2
City of Ukiah EV Charging Station Project
Note:. The electrical portion.ofthe.projectlistedbeiow has been completed.
1. Powerpole. installation
2. Meter panel installatiOn.
3. Secondary box and conduit
4. 2 x 2' charger foundations.
WOrkschedule shouldbe based:on working Monday flirt] Thursday, 7:00 am. through.4t00
City holidays.
Contractorwill be: responsible, in accordance with Construction:Safety :Orders.of:the Div ision.afindustrial
Safety,. State of California, to ensure the least possible.obstructionto traffic and inconvenience tathe general
public, and adequate. protection ofpersons and property in thevicinity:Ofthe work.
Work to be completed milater than: . August 16,2019
VII. Estimated Quantities on Request for.Bid Form.
The prel irri inary estimate of the .quantities of work to be done and materials to be furnished showninthe.
proposal:are approXiMateonly, beinggiven as a.basis for: the comparison of bids,. The City of.I.Jkfah does
not -expressly or by itnplication.agree that the :actual 'ainount.of worlewill correspond therewith, but reserves
the rightto increase or 'decrease the amount of any class or portion work.or to omit :portions of the work
that.may be deemed. necessary or expedient by the City.
The Unit prices. for the.various Construction. Items on the -Request forBid form include all costs associated
with this specification and all attachments, and represent thetotal„.complete, in-place cost for each:specific
Construction Item in accordance with the Construction Documents, including all elements, work
'compOnentS,:accessories, :and connections,. shown in applicable details or required to yield a complete,
sound and functional . component or 'system appropriate for its intended function, whether or not such is
specifically described or 'listed in any description of measurement.or payment. The total amount of the
Construction items:.on the Request for Bid form shall represent the total and complete. cost of' the fully
functional Project. All'worknotspetifically listed On theRequeSt for Bid sheet .but required to complete
the work. of the. various construction items and the cost of such:shail :be cons idered.as rieluded throughout
the various. unit prioeSindicated.
Upon award of -contract the Contractor shall furnish. to. the City a cost breakdown for each coritract lump.
sum item within IQworking days after the contract has been approved, The cost break -down shall. be
approved by the City, in writing, before any partial payments for the items of work will. be. made. The
approved tostbreak-down will be used to determine partialTaytheritS during the:progress .oftlie: work and.
the basis of calculating the adjustment of compensation: for the items(s) of work due to the changes
ordered by the City. When. an ordered change increases.or decreases the: quantitiesof: an approved 'cost
break -down, the adjustment in the compensation will be determined in the same manner .specified for
increases j4 decreases. the .quantity of a contract item of work in .accordance with increases .and
decreases in the quaritity..of acontract item of walc in accordance with the Contractor bid.. price. Additions.
or deletions in theguarititrofWoricasset forth inthese specifications and accOmpanyingdravvingsfof lump -
Sum items may be ordered by the City -after the Contract price has been adjusted: accordingly to 'the
satisfaction of both: the Contractor and the City -of :Ukiah,. and they have. been. accepted in writing by the
City.
3
City of Ukiah EV Charging Station Project
VII. Measurement and Payment
Measurement — Measured by the units of measure identified on the Request for Bid form. The unit prices
submitted shall include full compensation for furnishing all labor, materials, tools, equipment and
incidentals, and doing all the work involved as described by the project scope and plans, and no additional
compensation will be allowed therefore.
VIII. Terms
The payment terms will be Net 30 days after receipt of invoice, after the project has been successfully
completed and approved.
The City reserves the right to award to the lowest, responsible bidder. The City also reserves the right to
waive any irregularities and technicalities and request rebids should it be deemed in its best interests to do
so. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the
awarding of the bid. In addition, the City reserves the right to make the selection of specific parts of a bid,
or multiple proposals that will best meet the needs of the City as defined in this RFB. In addition, the City
reserves the right to reject any or all bids. The awarded contractor will enter a "Short Form Construction
Contract", sample attached as Attachment 13.
IX. Addenda
If it becomes necessary to revise any part of this Request for Bid (RFB) after it has been issued, the
City will issue an addendum to the RFB containing the revision. All addenda will be posted on the City's
website at \\ \\ ‘,1 .: l t l fukiah.conv'purchas in_ with the rest of the RFB documents. Anyone who intends to
submit a bid in response to the RFB must check the website frequently for any posted addenda. Anyone
submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda.
X. Bidder Qualifications
The City will satisfy itself that the potential contractors are reputable firms with a proven track
record and a proven product. Contractors are asked to provide the information requested under Work
Performance History Capability. References are to be those who you have performed similar scope of work
as asked for in this RFB. References are to include the contact name and phone number. A minimum of
three references are requested.
XI. Insurance Requirements
Bidder's attention is directed to the insurance requirements — see attached detailed insurance
requirements (two pages) Attachment C. Contractors shall furnish to the City, upon award of contract,
certificates of insurance covering full liability under Worker's Compensation laws of the State of California,
Comprehensive General Liability and Business Auto Insurance with policy limits of not less than
$1,000,000 naming the City as an additional insured party.
It is highly recommended that contractors confer with their respective insurance carriers or brokers
to determine in advance of bid submission the availability of insurance certificates and endorsements as
prescribed and provided herein. If an apparent awarded contractor fails to comply with the insurance
requirements, that contractor may be disqualified from award of the contract. If you have questions
regarding the City's requirements, please contact the City's Risk Manager at 707-463-6287.
4
City of Ukiah EV Charging Station Project
XII. License and Additional Requirements
1) Compliance with Laws and Regulations: All materials, parts and equipment furnished pursuant to
these specifications shall be in compliance with the laws and regulations of the State of California and
OSHA. The contractor shall, if requested by the City, supply certification and evidence of such compliance.
2) Legal Requirements and Permits: The contractor agrees to fully comply with all local, City, State
and Federal laws, regulations and ordinances governing performance of contractual services required, and
it will be the responsibility of the contractor to obtain any and all necessary licenses, permits or clearances,
including the actual cost of licenses.
3) License Requirements: Bidder/Contractor must possess a current State of California contractor's
license and a City of Ukiah business license. (For information business license, please contact
Kathy Norris, City of Ukiah Finance Department at 707463-6202.)
a) The Contractor shall possess a valid State of California Class A or Class C-8 license. Bidder shall
provide proof of possession of the proper licenses and certificates of registration necessary to perform
the work. Employees actually performing the tasks shall provide proof of proper certificates of
registration for same.
b) The bidder shall keep in force a City of Ukiah business license for the extent of the project.
c) Where subcontractors/jobbers are used, bidder shall provide the City with proof of proper
licenses, certificates and proof of insurance for work performed.
4) Notice to Bidders — Contractor Reeistration and Prevailing Wages — If the work bid exceeds
$15,000, no contractor or subcontractor may be listed on a bid proposal for a public works project
unless registered with the Department of Industrial Relations pursuant to Labor Code section
1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code
section 1771. 1(a)]. No contractor or subcontractor may be awarded a contract for public work on
a public works project unless registered with the Department of Industrial Relations pursuant to
Labor Code section 1725.5. If meeting or exceeding the dollar threshold of $15,000, the project
is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Each laborer or mechanic of Contractor or any subcontractor engaged in work on the project
under this contract shall be paid, pursuant to provisions of Section 1770, including amendments
thereof, of the Labor Code of the State of California, the Director of the Department of Industrial
Relations, State of California, has ascertained the general prevailing rate of wages for straight
time, overtime Saturdays, Sundays and Holidays including employer payment for health and
welfare, vacation, pension and similar purposes, copies of the General Prevailing Wage
Determination (applicable to the work), for the locality in which the work is to be done can be
reviewed at Website: dir.ca.aov/dlsr/pwd/northern.html .
The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at
any time require contractor and subcontractors to furnish electronic certified payroll records
directly to DLSE. All contractors and subcontractors must furnish electronic certified payroll
records directly to the DLSE.
5
City of Ukiah EV Charging Station Project
INDEMNIFY AND HOLD HARMLESS AGREEMENT
Contractor agrees to accept ail responsibility for loss ordamage to any person or entity, and to
defend, indemnity, hold harmless and release the City, its officers, agents and employees, from and against
any and all actions, claims, damages, disabilities, or costs of litigation that may be asserted by any person
or entity, arising out of or in connection with the negligent or willful misconduct inthe performance by
contractor hereunder, whether or not there is concurrent, passive or active negligence on the part of the
City, but excluding liability due to the soleactive negligence or willful misconduct of the. City. This
indemnification obligation is not limited in any way by any limitation on the amount or type of damages or
compensation payable to or for Contractor or its agents under Workmen's Compensation acts, disability
benefits acts or other employee's benefits acts.
Contractor shall be liable to the City for any loss or damage to City property arising from
or in connection with Contractor performance hereunder. The undersigned acknowledges that this
document, together with the resulting purchase order issued by the City, the executed. Short Form
Construction Contract, the insurance requirements for contractors, and the Contractor Statement Regarding
insurance coverage comprise a written agreement between the Contractor and the City binding on both
parties.
The undersigned declares they are familiar with the items specified and have carefully read the
RFB.speciftcationlrequirements, checked allof the figures stated on the specifications and accepts full
responsibility for any error or omission in the preparation of this bid.
This bid is submitted by, (check one)
Individual Owner Partnership j( Corporation Other
Legal Name of Bidder' ;(1Yiond (bn5kYuc-k;o'n r LLL 7► W ►NN)6nti rvzj
Address of Bidder (,)(51 %wk.C'a.k. O Y, L &1- (l 22• -
Tax ID.# S1- [a 1fo(.4(2
Phone Number tc-5-1S -1 1-6:S4 Fax Number
op%
California State Contractor's License #: \DZ� 1t4 Expiration Dater -7 S 1- ZbZ
By: Gu.") VAS
Signature
Print or Type Name:
Date -'t
_ \Air \ L 3c l CGS
Title
City of Ukiah
EV Charging Station Project
WORK PERFORMANCE DATA
Provide the name, locations and a narrative statement on the work performed.
HISTORY AND CAPABILITY WORK PERFORMED
1. COMPANY NAME 13
CONTACT:'\ .A.n \,)cu \
ADDRESS: .ls`.2- &'eC�. Vcop\o,v' ,
PHONE en)QOD- 111-6
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City of Ukiah EV Charging Station Project
LIST OF PROPOSED SUBCONTRACTORS
In compliance with theprovisions of Sections 4100-4108 of the'. California Public Contract
Code and any amendments thereof, each bidder shall set forth. (a) the name and location of
'the p1ae of business of eachsubcontractor who will perform work or labor or render service
in or about the construction site or a subcontractor licensed by the State .of California :who,
under subcontract to the prime contractor, specially fabricates and installs a portionof the
workor improvement according to detailed drawingscontained in the plans and specifications.
in an amount in excess of 'one-half of 1 percent of the total bid and (b) the California
Contractor License Number.for each: subcontractor, and (c) the portion of the work to be done
by each .subcontractor.(See General Conditions Section 1-09.) Includewith the name of
each sub- contractor :their .Department of .Industrial Relations Public Works Contractor
Registration Number.
SIgiCONTRACTOR
NAME
II Iry c,..r•
SUBCONTRACTOR
LICENSE NUMBER
-
SUBCONTRACTOR
DIR REGISTRATION
AMBER
SUBCONTRACTO.R
BUSINF.S.S
ADDRESS
DESCRIPTION
.OFWORK.
City of Ukiah EV Charging Station Project
BIDDER/CONTRACTOR STATEMENT
REGARDING INSURANCE COVERAGE
(Submit with Bid)
PROPOSER/CONTRACTOR HEREBY CERTIFIES that he/she has reviewed andunderstandsthe insurance
coverage requirements specified in the Request for Bid for:
EV CHARGING STATION PROJECT
Should we/I be awarded the contract we/I certify that we/I can meet the specified requirements forinsurance,
including insurance coverage of the :subcontractors, and agree to name the City of Ukiah as Additional Insured for
the work specified. And we/I will comply with the provisions of Section 3700 of the Labor Code, which require every
employer to be: insured against liability for worker's compensation or to undertake self-insurance in accordance with
the provisions of that code, before commencing the performance of the work specified.
O l! arr 6r C\ DCpr A-ra.c_i on 1 L.L.C_
Please Print (Person, Firm, or Corporation)
LAAALQ 0, AK) tilA5
Signature OfAuthori - s -presentative
CLt
Please Pl4nt (Name & Title of Authorized Representative)
Date PhoneNumber
9
CHARGING STATION
t
ii1
O
0.
a
.4;1A4'IIAIJYTA
talAROPY•,TION
M1U Construction Jell canlp)y WAR =tl,.
2036 California Badding and/orRafdential Code
2016 California elect:realCode
2016 California Plumbing Cade
2016 Californlo Mechanical Code
20/6 California Green Building Standards
Gaya( Ukiah Zoning Codes
as amended bylaw! ordinance
CHARGING STATION
TYOICAL DETAIL 36' ELEOW
$LUB&EJ IW POLE
01 PTOPER 0UAON6AIT
PULLBOX INSTALLATION
LOCATION OVEh0VIE W
ber
INSTALLATION
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DETAIL PAGE
LOCATION OVERVIEW
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CHARGING STATION
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ELECRIC ONLY
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ALIA-NNW-I SIGN
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EV CHARGER CODE SPECIFICATIONS
CBC CODE REFERENCES
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RI IMP/ 0001INC /./11
WI Erbil ”11-11. HOWL! NM
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CBC CODE REFERENCES
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PURCHASING DEPARTMENT
1320 Airport Road, Ukiah CA 95482 ">
(707) 467-5777 a City of Ukiah
t
mwilliamson@acityofukiah.com
SPEC. E32819 — EV CHARGING STATION PROJECT
Addendum No. 1
July 2, 2019
The following is Addendum No. 1 to SPEC. NO. E32819 — EV CHARGING STATION PROJECT.
This Addendum is hereby made, part of the Contract Documents to the same extent as though it were originally
included therein.
1. Material and Labor Bond: If the lowest responsive, responsible Bidder'sbid exceeds $25,000, then once
the bid is awarded, the awarded Bidder will be required to provide a Material and Labor Bond. Please see
Exhibit 1 for a sample form.
2. The following are questions asked,and their corresponding answers:
Q1: Are there liquidated damages for this project?
Al: No, there are no liquidated damages for this project.
All other terms and conditions remain in full force and effect.
Mary. Williamson
Buyer 11
U(Al,
sv 1 VI
Page 1 of 8
City of Ukiah
Agenda Item No,: 7
MEETING DATE/TIME: 7117/2019
PEAK ITEM No: CQU-744-2017
AGENDA SUMMARY ., s :PO ' T
SUBJECT: Award a Contract for Specification#E3281 9 - EV Charging Station Project to Diamond D
Constructio ,, LLC of Ukiah, CA in the amount of $42,936.96, and Approve Corresponding Budget Amendment.
(UD)
DEPARTMEF T: Electric Utility
PREPARED BY Diann Lucchetti
ATTACHMENTS:
Attachment 1- Bid Results EV Charging Station
Attachment 2 - Diamond D Bid
Summary: Council will consider approving a contract in the amount of $42,936.96 for Specification *E32819,
EV Charging Station Project to Diamond D Construction, LLC, Ukiah, CA and approve a corresponding budget
amendment.
Background The Electric Utility Department is in the process of installing four ChargePoint EV Charges on
North Oak Street between West Standiey Street and West Perkins Street. During the initial inspection process,
it was noted that additional work was needed to meet ADA requirements. This project will consist of all labor,
equipment and materials for the installation of a wheelchair accessible van parking space, an ADA accessible
ramp, and walkway in the parking lot, This work is needed to complete the EV Charging Station Project and
meet the ADA requirements.
RECOMMENDED ACTION: Award a Contract to Diamond D Construction, LLC in the amount of $42,936.96 and
Approve a Corttesponding Budget Amendment. (EUD)
BUDGET AMEN
DMENT REQUIRED: Yes
CURRENT BUD ETAMOUNT: Electric Capital 80026400.80230.18168: $0
PROPOSED BU ET AMOUNT: Electric Capital 80026400.80230.18168: $48,000
FINANCING S RCE: FY19-20; #800 Electric Fund
PREVIOUS CO TRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Mary Horger, Procurement Manager and Mary VVi IIiamson, Buyer
Approved:
1
`heck A License - License Detail Page 1 of
Contractor's License Detail for License # 1027104
DESCLAIMER: A. license status check provides information taken from the CSLB license
information, you should be awareof the following limitations.
CSLB compEaint.disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure. a link
link or to obtain complaint and/or legal action information.
Per B&P 7071:17 ,.only construction related civil judgmentsreported to the OSLO are disclosed.
Arbitrations are not listed unless the contractor:fails to comply with the terms of the arbitration.
Due to workload, there may be relevant information that has not yet been entered onto the. Board's license database.
Business Information
DIAMOND D CONSTRUCTION LLC
dba DIAMOND D ENGINEERING
650 BLUE OAK DRIVE
UKIAH, CA 95482
Business Phone Number:(707) 953-4484
Entity Ltd Liability
Issue Date 05/22/2017
Expire Date 05/31/2021
License Status
database. Before relying on this
for complaint disclosure will appear below. Click on the
iThis license is current and active.
All information below should be reviewed.
Classifications
k - GENERAL ENGINEERING CONTRACTOR
Bonding Information
Contractor's Bond
[This license filed a Contractor's Bond with HUDSON INSURANCE COMPANY.
Bond Number: 30025180
Bond Amount: $15,000
[Effective Date:'044/2412018
'Contractor's Bond History
LLC EMPLOYEE/WORKER BOND
Ifhis license filed a LLC Eriployee/Worker Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY.
Bond Number: 100346991
Bond Amount: $100,000
Effective Date: 04/24/2017
J
Bond of Qualifying individual
The qualifying individual WILLIAM EMMETT LAWSON 11 certified that he/she owns 10 percent or more of the voting
Stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.
!Effective. Date: 05/22/2017
Workers' Compensation
ttps://w w2:cslb.ca.gov/OnlineServices/CheckLicensell/LicenseDetail,.aspx?LicNum=1027104
7/10/201
:heck A License - License Detail Page 2 of
Policy Number:CWC719491129
Effective Date: 01/01/2019
xpire Date: 01/01/2020
iWorkers' Compensation History
Liability Insurance Information
this license has liability insurance with LLOYD'S OF`LOND.ON
policy. Number: WCISceL000a464o1
Amount:.$1,000,00Q
ftective.pate;.04i240,919.
xpiration Date:. 04/24/2020
lability Insurance History
Other
Personnel listed on this license (current or disassociated) are listed on other licenses.
ttps://www2.cslb:ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=1027104 7/10/201
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Diamond.D construction
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Mendocino. Ukiah
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1000054462
Active
1027104
LLC
650 BLUE OAK DRIVE
UKIAH
CA 95482
Mendocino
Driver (On/Orr Hauling);General Engineering;Latiorer;Qperating...
dd. constru ctio nebutl oo k.co m;
Name
DTAMOND` D CONSTRUCTION,. LLC
Diamond 0 Engineering
My List (3)i.
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Registration History
£tfectwe Oate Expiration Date.
7.11/2019 6/30/2020
8/20/2018 .6/3012019
12/14/2017 6/30/2018
https://cadir.secure.force.com/ContractorSearch?inputSearch=Diainond D construction&co... 7/10/2019
TOKIO MARINE
HCC -
Surety Group
625 The City Drive South. Suite 205, Orange, CA 92868
T: 714-740-7000; F: 714-740-9058
BID BOND
Bond Number: BB2008491
Bid Date: 07110/2019
KNOW ALL PERSONS BY THESE PRESENTS:
That we, Diamond D Construction LLC dba Diamond D Engineering
called Principal), as Principal, and U.S. Specialty Insurance Company
(hereinafter
, a corporation organized and existing under the laws of Texas
(hereinafter called Surety) as Surety, are held and firmly bound unto
City of Ukiah
(hereinafter called Obligee) as Obligee, in the penal sum of
Ten percent ( 10 %) of amount bid not to exceed
Six Thousand Six Hundred and 00/100 Dollars ($ 6,600.00 ) for the
payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to
submit a proposal to the Obligee on a contract for
EV Charging Station Project Specification No. E32819
NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as
may be specified, enter into the contract in writing, then this obligation shall be void. If the Principal shall fail to do
so, then the undersigned shall pay the obligee the damages which the obligee may suffer by reason of such failure
up to and not exceeding the penal sum of the bond.
Signed and sealed this 2nd day of
July 2019 .
Principal:
Diamond D Construction LLC dba Diamond D Engineering
By: f/lvr���
Surety:
By:
U.S. Specialty Insurance CorDpanv
Freddy Anvari
Attorney -In -Fact
HCCSZZA_BIDBOND 1/2017
Page 1 of 1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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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 riot the truthfulness, accuracy, or validity of that document.
State of California
Courly of Orange )
On ' ICI Cj before me, ---
Date
personally appeared
Angela K. Kim, Notary Public
Here Insert Name and Title of the Officer
Freddy Anvari
Name(s) of Signer(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 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
ANGELA K KIM
Notary Public - Cabforria
Orange County
Commissian x 219091$ _ r
My Comm. Expires Apr 11. 2021 `■
Place Notary Seal Above
WITNESS my hand and official seal.
Signature
OPTIONAL
Public
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 Documet t
Title or Type of Document: Aondn I ,14.1_4!)4-1( tibDocument Date: ., ...._ .
Number of Pages: . Signer(s) Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Freddy Anvari
I Corporate Officer - Title(s):
! Partner - ! ; Limited ? General
1 Individual x l Attorney in Fact
I Trustee ; ; Guardian or Conservator
Other:
Signer Is Representing: , .. ' t t:.. 1 _f
Signer's Name:
Corporate Officer - Title(s): _
11 Partner - i? Limited i t General
I Individual I Attorney in Fact
Trustee 1 Guardian or Conservator
I::1 Other:
Signer Is Representing:
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02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
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POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS;
That, U.S. SPECIALTY INSURANCE COMPANY (the "Campany),'a corporation duly organized and existing under the laws of the State of
Texas,and having its principal office. in Houston, Harris County, Texas, does by these presents make, constitute and appoint,
FREDDY ANVARI
its true and lawful Attorney-in-fact, with fullpower and authority hereby conferred in its name, place and stead, to execute, acknowledge and
deliver bond number BB2008491 issued in the course of its business and to bind the Company thereby:, in an
amount not to exceed One hundredthousand and 001100 ( $1.00;000.00 ).
Said appointment•is Made under .arid by authority of the following resolutions of the Board of Directors: of U. S. Specialty Insurance Company:
"Be it Resolved that the President,. any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and.
is hereby vested with full power and: authority to appoint any one or more suitable persons as Attorney(s)-in-Factto represent and act for and
on behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the. Company, to execute, acknowledge and
deliver, any and all bonds, recognizances; contracts, agreements or indemnity and other conditional or obligatory undertakings, including any
and allconsents for the releaseof retained percentages and/or final estimates on engineering and construction contracts, and any and: all
noticesand documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary,
Be. it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
anycertificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to anybond or undertaking to which it is attached." Adopted by unanimous written consent in lieu
of meeting on September 1st;: 2011.
The Attorney -in -Fact named above. maybe an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond
and does: not indicate whether the Attorney -in -Fact is or is notan appointed agent of the Company.
IN WITNESS WHEREOF, U.S. Specialty Insurance Company has causedits seal to be affixed hereto and executed byit's .Senior Vice President
on this 18th day of December'2017:
State of California
County of Los. Angeles
By:
U.S. SPECIALNSUANCE COMPANY
Adam S. Pe in, Senior Vice President
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.
On this 1St day. of June, 2018,.before me, Sonia Q. Carrejo, a notary public, personally appeared Adam S. Pessin, Senior Vice President of
U.S. Specialty Insurance Company; who proved tome on the basis of satisfactory evidence to be theperson whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized capacity,: and that by his signature on the instrurnent
the person, or the entity upon behalf of which the person acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of .the State of CALIFORNIA that the foregoing paragraph le:true and correct.
WITNESS rny'hand and official seal.,
Signature
(seal)
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Aniettis 9 f
Loni�iuten t t235e1i
hy.Cova. Will, Apr 13; 1022'
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I, Kio Lo, Assistant Secretary of U.S. Specialty Insurance Company, do hereby certify that the Power of Attorney and the resolution adopted
by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of
Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of
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Agency No. 19223 4f '�� cg a`
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visit tmhcc.com/suretyfor more information
Bond No. B52008491
July 2019. ..
Kio Lo, Ass' . Secretary
-tCCSZT POAUSSIC06/2078