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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 Short Form Construction Contract 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 Short Form Construction Contract 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/ Short Form Construction Contract July 18, 2019 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 Short Form Construction Contract July 18, 2019 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 Short Form Construction Contract 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. Short Form Construction Contract July 18, 2019 7 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 Short Form Construction Contract July 18, 2019 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. Short Form Construction Contract July 18, 2019 9 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 Short Form Construction Contract 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 Short Form Construction Contract 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 Short Form Construction Contract 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. Short Form Construction Contract 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 Short Form Construction Contract 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. Short Form Construction Contract July 18, 2019 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 S C California Contractor's License Number 1027104 [Number or N/A] Short Form Construction Contract July 18, 2019 16 • VVVEI[AtOEJ vu�1u w.-..�.. v......�... 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 2. COMPANY NAME: Gireen /Z 19k -t+ Q . CONTACT B rt'A.i ADDFiESSID _, . r. LL t^04\ PHONE: (M.9.631 -11-1 O 3. COMPANY NAME-. .) iN\IN C1�� CONTACT: C-t0a)Q ADDRESS PHONE:(1tfl) SZ1- (net 2._ 4, COMPANY NAME: Clov vciicd.52- Rea(1 CONTACT: Z\ AL ko - R 0(0 \?jai - SOLD 5. COMPANY NAME: CZ -St kk U31. 1 \ \-QJ( CONTACT (�401M ADDRESS: gW vaq L 14)dSpii? PHONE: Vi C 1) ? £)t -' k.(191:14 7 larti•in /5- idauxlik_. cD36e,L9,\i- vO.xAQ.kS c_xurb aAm8 CvA : ) 0, _iCN\ ktCOVN Leo r5 v ‘Vv -)0.61 v rJ Cj,stn., 1re tc r% 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 new 24' weed peter pc/kW Lamar rw Ow est Par, and Z•.11-5.04.44 north 1111C Now Pole to he 0245 2. 100., a am Ir,33 rtfoluSnpall Mw r.etcm1w 2W Pm of Me west 00C awl Is wean Pok 0266. S44 Mr North fore at the berapdarr pelt holt r 6050301*. 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'•• -^vr a Pm.m«nm...*.4 in leg Mee r. _ .. r... W..I4Imel...x....rr -..r. -y ....r.. CHARGING STATION RLILTRILDRpARTMENT Al vanes swum NAM of y n+-I�p�bray.A-! wN`. gyai1AN�im �ZSR�mn 2� m5PRtl 5§2 pmpz� �� iii p m r 15' z CHARGING STATION PROJECT ELECRIC ONLY SNOIIV.LS ONID wH7 2/7fL19 7708 1919.075 3.s G ALIA-NNW-I SIGN SIGN TO HE FASTENED TO WITN LS' OWE RIVETS GALVANQED 2' SOIARE SIGN POST WITN ING. HOLES OR KNOCKOUTS AT 7' O.G. LIG' CORNER DOLT AND NUT OR LB' SOLT AND NfT 14.FT1 rmAnf GALVANIZED 2-44. SQUARE ANCHOR p ST RIM 7/IG' 4404E5 OR KNY]CKOV15 AT —t SIGN SUPPORT DETAILS ir•- •4 ronon *no. "3 /We dWe VeW de ammo% !Miro MilFi7-3.7:.14.T:::••—...::741.•-1:-, ••••• "._-•=,..-77=••:=L•1=7:.."=;•••=7....•27:= • • kIsu'c - - -• • - • : •':,..====""••'••••• • . I _ . 11116=4;WSERC 744=-4170=4.--" ;-. IOPMR86•• Fit•••••••••:.7•••••••••••,`•-:=T.._ EV CHARGER CODE SPECIFICATIONS CBC CODE REFERENCES (11. MK. 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". '::•71-8 -2 --."- ''' ---.- -.- r..77 ""---77-",79, . • a., - ' ' • ' .4.- -;1.1- ",..,........ , ••:- = .......... 0= _.7.: ...,-,- r....r.::,., l', -,....,'..:-..1„-:-..:;:i * • _ .- ....,..= 4-74-4 - -...-_. ''' ..e• -.•-•,--.‘,..T.,,... .-,;•,7.7:7'..7..:- -• •,...tt-n-...=r..= -:-.-- .:•?..---.f.:--r. .7._-_-:...-. =pt... iiii.-ii..h--1.-.- -.7....4:::L-7,..:,i. ",..' ? • =a -A. 1: ---:: :•_-,r...-.., 4= •••••••••••••••• —.=•--,,,„,,, .4"-74.:i.?".-....,-, •27:".---,..."--1:..:V.-.: ..,E,..1r7:::11.„---1.1,',.. ::-.------•-••• =:•.1.',..T4,.......:- •• CBC CODE REFERENCES (11. MK. Mar has it MI.& USW?. ,10326I3 111 Sta6 ne4I17-51 *MY. le AM RI IMP/ 0001INC /./11 WI Erbil ”11-11. HOWL! NM 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 Registrations State of California Department of industrial Relations (htipsJ iiir.ca.gdvl} Page 1 of 2 Back to DIR» (https://www,dir.ca;gov/) Public Works Contractor Registration Search Enter at feast one criteria to display registered public works contractor(s) matching your selections. Note: Search results OAP display all of the public works•contractor registrations; both current and expired. Make sure a proper registration fiscal year is selected when performing a search. Input Label From Date:{mm/dd/yyyyl To Date;(mm/dd/yyyy) Diamond.D construction County City Mendocino. Ukiah Search Crafts (Select all that apply) ❑ Asbestos 0 Boilermaker Blacksmith o Bricklayer/Brick Tender. I:3 Carpen_ter ❑ Carpet; Linoleum, Resilient-Tle Layer '17 Cement Mason. ❑ Consultant 0 Driver (On(Off Hauling) (] Drywall Installer/ Lather/ Finisher a Electrical Utility ❑ Elettridian 0 Elevator Constructor 0 Field Surveyor ❑ General Buiiding • ❑ General Engineering ❑ Glazier ❑ Inspeitor/herd Sods, Material Tester ❑ iron Worker ❑ Laborer 0 Landscape ❑ Marble. Mason (Finisher ❑ .Operating Engineer ❑ Painter ❑ . Parking /Highway/Improvement ❑ Plasterer/Tender. {] `Plumber ❑ Roofing ❑.Sheet Metal Worker ❑ Stator Rewinder ❑ Teamster 0 Terraizo Worker/Finisher Registrations Search Results:. 1, found Print.PDFB apart TYLER LAWSON Detail: Registration Number: Status, CSLB Nurriber. Legal Entity Type: Marling Address: County: Craft: Email: DBA. Showing Page 1 of 1 Previous If ext Add all. to my list View Details 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. 6y Remove front My List 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 texxa3cecSS .e§ Y.f� cCi3 i>s{)bart-A".tx -meglex:c-1-xlr.M,x kf'.c.'C, -xg`,A C,X;Y"<Yc<sCiG4kemA;C.fx-..G bocetx-„corietv.rxxtt, Cr YYCxtCt c Ci 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: ;ir• XX' •(:C,vesC:2 (vCvX.•, ti eUCtrC`e.X..'lZICCX`Li7twe=4;<'..s ricA h`Q:rX4Wt7OCUW' %G"iVC—?.,VAX-X` XPCXX.CeXXX Gr ere 4v tiv y� t� 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 TOKIO_MARINE NCC _...... 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) sr 04CAaJo Aniettis 9 f Loni�iuten t t235e1i hy.Cova. Will, Apr 13; 1022' #'' :+w.ry Fax a 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 •`�� ttttsur3°C Agency No. 19223 4f '�� cg a` 1rnrrri o, • in�`` N' visit tmhcc.com/suretyfor more information Bond No. B52008491 July 2019. .. Kio Lo, Ass' . Secretary -tCCSZT POAUSSIC06/2078