HomeMy WebLinkAboutDiamond D Construction 2020-06-22 COO No. 1920-263
CITY OF UKIAH
Mendocino County,California
AGREEMENT
FOR
THOMAS PLAZA IMPROVEMENT PROJECT
Specification No.20-06
THIS AGREEMENT, made this 22 day of June 2o 20 , by and between the City of
Ukiah, Mendocino County, California, hereinafter called the C4 and Diamond D Construction,LLC hereinafter
caII ed the Contractor,
WITNESSETH:
WHEREAS,the City has caused to be prepared in accordancewith law,specifications,drawings and other contract
documents for the work herein described and shown and has approved and adopted these contract documents,
specifications and drawings and has caused to be published in the manner and for the time required by law a notice
to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and
WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal
accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid pdoe for the construction
of the proposed work in accordance with the terms of this contract and
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the
proposals submitted and as a result has determined and declared the Contractor to be the lowest and beat regular
responsible bidder for the work and for the sums named in the proposal,
NOW,THEREFORE,THIS AGREEMENT WITNESSETH:
That the Contractor shall provide all necessary machinery,tools,apparatus and other means of construction:shall
furnish all materials,superintendence,overhead,expenses,all labor and expenses of whatever nature necessary
for completion of the work in conformity with the Special Provisions and other contract documents hereto attached
and according to such instructions as may be given by the Engineer.The Contractor shall complete the work within
TWENTY-FIVE DAYS (25)calendar days. Contract days shall be counted starting with the 10th day following
receipt of notice that the contract has been executed by the City. Contractor,at his or her option,may in work
prior to start of counting contract days, however, in no event shall the Contractor start work without giving
notification to the Engineer at least 72 hours prior to the start of work,without obtaining an encroachment permit
from the City,or out having submitted certificates of insurance that have been accepted and approved by the
Engineer
THOMAS PLAZA IMPROVEMENT PROJECT 49 Spec.No.20-06
Article 11. Contract Pricea.
That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor,for complete
performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full
compensation for all material and appliances necessary to the work, for all labor and use oftools and other
implements necessary to execute the work contemplated in this contract for III or damage arising out of the
nature of the work or from the action of the elements,or from any unforeseen obstructions or difficulties which may
be encountered in the prosecution of the work; for all risks of every description connected therewith; for all
expenses of the work,as herein specified;for all liability and other insurance,for all overhead and other expenses
incident to the work,all according to the Contract Drawings,the Special Provisions,the Details,the instructions and
the requirements of the City.
6adg Ill. Labor Discriminglign.
Attention is directed to Section 1735 of the Labor Code,which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race,
color,national origin or ancestry,or religion of such persons and every contradorfbr publicworks violating
this section is subject to all the penalties imposed for a violation of this chapter."
In connection with the performance of work under this contract,the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for employment
use of race,color,religion,ancestry,or national origin.The Contractor will take affirmative action
to ensure that applicants are employed and that employees are treated during employment without
regard to their race,color,religion,ancestry,or national origin.Such action shall include,but not be
limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training,including apprenticeship.The Contractor agrees to post in conspicuous places,available to
employees and applicants for employment, notices to be provided by the awarding authority setting
forth the provisions of this it Employment Practice section.
(b) The Contractor will send to each labor union or representative of workers with which he or she has a
coI lective bargaining agreement or other contract or understanding,a notice,to be provided by the
awarding authority, advising the said labor union or workees representative of the Contractors
commitments under this section,to employees and applicants for employment.
(c) The Contractor will permit access to his or her records of employment,employment advertisements,
application forms and other pertinent data and records by the Fair Employment Practices
Commission,City of Ukiah or any other appropriate agency of the State of California designated by
the awarding authority, for the purposes of investigation to ascertain compliance with the Fair
Employment Practices section of this contract.
(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair
Employment Practices Act shall be regarded by the awarding authority as a basis fordetermining the
Contractor to be not a "responsible bidder" as to future contracts for is such Contractor may
submit bids,for revoking the Contractor's pre-qualification rating,If any and for refusing to establish,
reestablish or renew a pre-qualification rating for the Contractor.
The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment
Practices Act to have occurred upon that it has investigated and determined that the Contractor has
THOMAS PLAZA IMPROVEMENT PROJECT so Spec.No.20-06
violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426
or obtained an injunction under Labor Code Section 1429.
Upon receipt of such written notice from the Fair Employment Practices Commission,the City shall
notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority
within a stated period that the violation has been corrected,his or her pre-qualification rating will be
revoked at the expiration of such period.
(a) The Contractor agrees that should the City determine that the Contractor has not compiled with the
Fair Employment Practices section of this Contract,then pursuant to Labor Code Section 1735 and
1775 the Contractor shall,as a penalty to the City,forfeit for each calendar day or portion thereof,for
each person who was denied employment as a result of such non-compliance,the penalties provided
in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the
Contractor.The City may deduct any such damages from any monies due the Contractor.
(f) Nothing contained in this it Employment Practices section shall be construed in any manner of
fashion so as to prevent the City or the State of California from pursuing any other remedies that may
be available at law.
(g) Prior to awarding the Contract,the Contractor shall cerfity to the awarding authority that he or she has
or will meet the following standards for affirmative compliance,which shall be evaluated in each case
by the awarding authority:
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all
supervisors,foremen and other personnel officers in writing of the content of the anti-discrimination
clause and their responsibilities under it.
(2) The Contractor shall provide evidence. as required by the City, that he or she has notified all
sources of employees' referrals (including unions, employment agencies, advertisements,
Department of Employment)of the content of the anti-discrimination clause.
(3) The Contractor shall file a basic compliance report, as required by the City. Willfully false
statements made in such reports shall be punishable as provided by law.The compliance report shall
aI so spell out the sources of the work for and who has the responsibility for determining whom to
hire,or whether or not to hire.
(4) Personally,or through his or her representatives,the Contractor shall,through negotiations with
the unions with whom he or she has agreements.attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training.
b. Otherwise implement an affirmative anti-discrimination program in terms of the unions'
specific areas of skill and geography to the end that qualified minority workers will be available
and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals,
firms or organizations during the period of its pre-qualification.
(h) The Contractor will include the provisions of the foregoing paragraphs I through 5 in every first tier
subcontract so that such provisions will be binding upon each such subcontractor.
(i) The"Fair Employment Practices Certification" must be completed and signed prior to the time of
submitting the bid.
THOMAS PLAZA IMPROVEMENT PROJECT 51 Spec.No.20-06
ArticleIV. Parts of the Contract.
That the completen the followingdocuments, I of which shallr i
agreement.
1. Notice to Bidders
2. Wage Rates
3. General Conditions
Technical4. Specifications
5. Proposal
6. Fair Employment Practices Certification
7. Agreement
8. ContractBonds
9. Contract DraWngs and Construction Details
Standard10. r s
1. Indemnification Agreement
IN WITNESS ,this contractin cut in duplicate andi ving caused their names
be signed hori f their duly authorized office thisof
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
Y
city (OF UK, "H
Attest: d . ,.,
CITY CLERK,CITY OF UKIAH
C)
Attest:
Title:
The foregoing contractis approved as to form and legality i ,2020
46
�. ,.°.
CITY
® CITY OF UKIAH
THOMAS PLAZA IMPROVEMENT T 52 Spec.No.
This Indemnification Agreement is made and entered in Ukiah,California,on June 22 20M_, by
and between the City of Ukiah(Ukiah)and Diamond D 922-structiOn,_LLC (Contractor).
Contractor is
performing work as per Spec No.20-06,Tbornas Plaza Improvement Project
for Ukiah.
As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect
Ukiah from damage or damage claims which arise from Its performance of the work.
Accordingly, Contractor agrees as follows:
1. Indemnifleation. Contractor shall indemnify and hold harmless Ukiah and its officers,agents,and employees
from and against any claim,loss,or damage,including the legal and other costs of defending against any claim of
damage or loss which arises out of the Contractor's negligent or wrongful performance under the work order
attached hereto,except for claims, losses,or damages resulting from the sole and exclusive negligence or other
wrongful conduct of Ukiah or its officers,agents and employees.
CONTRACTOR
BY:
TITLE:
THOMAS PLAZA IMPROVEMENT PROJECT 53 Spec.No.2D-06
Premium Subject to Adjustment
Based on Final ContractIBond . 100502904
Mendocino County,California
PRESENTS.KNOW ALL MEN BY THESE
That we the undersigned,
.tea
Diamondon b Diamond n, l rin
AS PRINCIPAL,and
SpecialtyInsurance
AS SURETY,
are heldr ,hereinafter called Vie'CIV, i l sum of
HundredOne nty Thmmand Nine Hundred F t A ($120,946.20
for the paymentI ind ourselves,our ! it ,jointly
severally.
WHEREAS,the Principal has enteredInto in Contract with the City, .
a copy of which Is rt hereof,
NOW,THEREFORE,the condition i Is If the Principal shall In it respects fully
Contractand all dulyauthodzad modifications thereof,during Its In I term
be granted and during provides, r! l I shall fully satisfy all
claims, i f the work under the Contract and shall fully Indemnify for all
expenses which it may Incur by reason of such claims, Including Its attorneys fees and court costs,and if the
Principal shall make full payment to all persons supplyinglabor, services. materials, i In the
prosecuflon of the work under the Contra4 In ish such persons shall have a direct
hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payableresult
perfermance of the II as payment of gasolineI motorfuells taxes Inthe performance of the
Contract and all motor vehicleit for commercial motor vehicles used In connection
performance of the Contract,then this obligationII be void;otherwise,' II remain in full force
modificationr extension ofthe term thereof, In any
way release the Principalr the Surety from liability to the Surety of any such modificaton,
extension,or forbearance Is r .
aforesaidIN WITNESS WHEREOF,the i I and SuretyInstrument it seals
I J
I :
'SEAL)
I al I)
660 Blue Oak r.
(BusinessAddress)
Ukiah,CA 9M82
/ )
THOMAS PLAZA IMPROVEMENT PROJECT 64 Spec.No.2046
Diamondn n LLC dbe Diamond D Engineering
(SEAL)
cra l alp 1)
650 Blue Oak Dr.
(Business )
Ukiah,CA 95482
(City/State/Zip )
ATTEST® Diamond D Construction LLC dba Diamond D Enginsedng
rporate i
I) Affix
Corporate
650 Blue Oak r. SeaI
(Business )
Ukiah,
CA 95482
I / t / )
Specialtyinsurance Company
p Affix
Corporate
Seal
625 The i
(Business Address)
Orange,CA 92868
i )
The rate of premiumon this i r thousand.
totalThe amount of premiumr Is l 7.
00
(The above Is In )® r of Attorney of person signingr nmust be
(CERTIFICATE
1p that l
r f or n p Principal In foregoing e that
who signed n behalf of the Principal,was then
of I l that I know his signature,and that his
signaturer t genuine;and that saidl B sealed,and attestedfor and in behalf of said
corporation the its governingm
THOMAS PLAZA IMPROVEMENT PROJECT 65 ire No,2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
o is or other this certificate °n only t° o the individual signed
document o which is certificate` attached, t the truthfulness, curacy® r validity of that document.
Statef California )
County of Orange
On,, Angela K.Kim,Notary Public
_ . before rne� e. — -....................m
Mere Insert Name and Title of the officer
personally appeared Freddy Anvan
° .......
Name(s)of Signer(s)
o proved to me on the basisof satisfactory evidence to be the n(s) whose name(s) is/are
subscribed to the within instrument and acknowledgedto me that he/she/they executed the same i
his/her/their authorize c city(les)a and that by his/her/their signature(s)on the instrument the person(s),
or the entity upon behalf of which the n( )acted, executedthe instrument.
I certify under PENALTY OF PERJURY under the laws
of the ate of California that the foregoing r
is true and correct.
WITNESSy hand d official seal.
ANGRAKAIM
Q.DuangeCounwy Signature
MWErar%upr 1=MWZ1 ZJ02 J�
Place Notary Seal Above OPTIONAL
Though this section Is optional, completing this Information can deter alteration of the documentor
fraudulent reattachment of this to an unintended ocu t.
Description f Attached Docum
Titley f Document. k 0a Ll DocumentDate: °,°.°,
Number of Signer(s) Other Than Named Above: ......... .,.,,.
Capacity(ies)Claimed by Signer(s)
Signer'sName: Freddy AnvadSignees
Corporate Officer— Title(s)s 1 1 Corporate Officer Titles):
1 i Partner _.. C Limited R I General El Partner — i:.I Limited I",General
Individual Y-1 Attorney In Fact A_l Individual {_i Attorney in Fact
I i Trustee i I Guardian or Conservator p:!Trustee I.°.i Guardian or Conservator
Other ,..... „ F,l Other:
Signer pre ntin _ � Signer Is Representing:
a
e r ntin
14020 National Notary Association°www.NationaiNotary.org® a S NOTARY(1® 7 I e # 7
TOK10MARINE
HCC
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That, U.S. SPECIALTY INSURANCE COMPANY(the"Company"),a corporation duly organized and existing under the 11aws of to State of
Taxes.and having its principal office In Houston,Harris County.Texas,does by them presents make,constitute and appoint,
FREDDY ANVARI
Its true and lawful Aftorney-in-fact.with full power and authority hereby conferred in its name,place and stood,to execute,acknowledge and
deliver bond number 1005029M issued in the course of Re business and to bind the Company thereby,in an
amount not to exceed
_,Q___ 0-_0j
Said appointment Is miie-under and by authority of the following resolutions of the Board of Directors of U.S.Specialty Insurance Company.
'Be N Rasolv*4 that the President any Vice-Preeldent,any Assistant Vice-Prosident 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 Attomay(s)-in-Fact to represent and act for and
on behalf of the Company subject to the following provisions:
ANornsy4n-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 all consents fort release of retained percentages and/or final estimates on engineering and construction contracts, and any and all
notices and 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~ad by the Corporate Secretary.
Be N ResoNed,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile,and any power of attorney or cortificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undartaking to which it' attached."Adopted by unanimous written consent in lieu
of meeting on September 111,2011.
The Attomey-In-Fact named above may be 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 Aftmey4n-Fact Is or is not an appointed agent of the Company.
IN WITNESS WHEREOF.U.S.Specialty Insurance�nsny has caused its seal to be affixed hereto and executed by its Senior Vice President
on this 18th day of December 2017. 0�989
'ins
f li ia U.S.SPECIASLSU ACE COMPANY
State o Caforn
County of Los Angeles By. V Ord
Adam S.P in,jSenior Vice Proesiderd
On this 151 day of June,2018,before me,Sonia 0.Carrejo,a notary public,personally appeared Adam S. Pessin,Senior Vice President of
U.S.Specialty Insurance Company,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same In his authorized capacity,and tot by his signature on the instrument
ual who signed the document to whl
the person,or the entity upon behalf of which the person acted,executed the instrument.
I ceffly under PENALTY OF PERJURY under the Ism of the State of CALIFORNIA that the foregoing paragraph Is true and correct.
la i
;Z L =
WITNESS my hand and offi I seal. W"0 Comm
Signature (seal)
1.Klo 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 16M above, are true and correct transcripts thereof and that neither f
the said Power o
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 26th dayof June 2020
Bond No. 10.0,5029M ..............
5
. 1 Vb
Agency No9223
NCOSZZ PoAusslcoemla
visit imhec.com/surety for more Information
Premium ]u t
Based on Final Contract Price CITY OF UKIAHo.100502904
Mendocino , California
Premium on
PRESENTS,MAIMLANIIARQU210- Performance Bond
KNOW ALL MEN BY THESE
That we the undersigned,
s Diamond D Engineering and
®AS PRINCIPAL,
I 1 AS SURETY,
are holdr called the'City"in the penal sum of
One Hundmd TwentV Thousand Nineu 1 II
for the payment of which sum bindr heirs, ,administrators,and successors,jointly
severally.
PrincipalWHEREAS,the has enteredInto a certaint with the City, Jun
a copy f which is hereto attached and made a part hereof,
NOW,THEREFORE,the condition of this obligation t If the Principal shall In all respects fully
Contract and all duly authorized modificationsri i l term and any extensions
be granted and during any guaranty period for which the Contract provides,andPrincipal shall fully satisfy all
arisingt of the prosecution of the work under the Contract and shall fully Indemnify the Cityr all
expenses which it may Incur by reason of such claims, including fees and court costs,and If the
Principal shall make full payment to all persons supplying labor, services, materials, or equipmentIn the
prosecution of the work under the Contract, In is II have a direct right of action
hereupon; and If the Principal shall pay or cause to be paidII sales and use taxes payableresult f the
performance of the Contract as well as payment of gasoline f In the performance of the
Contractli motor vehicle fees required for commercial motor vehiclesIn n i
performance of the Contract,then this obligation shall be void; ,It shall remain In II force and effect.No
modification n r extension of the term thereof,nor any forbearance on the pan ofthe City shah In
way release the Principal or the Surety from liability r. Notice to the Suretyf any such ,
extension,or forbearance Is herebyI .
aforesaidIN WITNESS WHEREOF,the ri i t and Suretyi Instrument and affixed theit seals
hereto,this dun ,
In the presence of.
0 AA*�%M I
( )
ii I
650 I r.
(Business Address)
(City/Sta )
THOMAS PLAZA IMPROVEMENT PROJECT 6
M1
ConstructionDiamond D LLC dba DiamondEngineering
L)
( i ) (
650 u r.
(Business
Ukiah,CA 95482
( il )
ATTEST: Diamond D ConstructionI ri
rporate
I)
Corporate Affix
Seal
650 Blue Oak Dr.
(BusinessAddress)
Ukiah,
(City/State/Zip Co )
acialty Insuran Company
f ;
Freddy� .
(Corporate 4n-F
®� I
625 ® g
(Business Address)
Orange,CA 92888
( / )
PremiumIncluded
The rate of premiumI Is .
Premium Included
The total amount of premiumcharges Is
(The above Is ll r Company).(Power for Surety Company must be
attached).
PRINCIPAL)(CERTIFICATE AS TO CORPORATE
I,— rtffy that l am the
cr f9 J'ZooGrp�oran�nam�ed �cse Principal In the olng
who signed the si f the Principal, n
said corporation; t I know hissignature,and
signature thereto ui that saidsigned,sealed,and attested to forrl In behalf of said
authoritycorporation by f Its governing body.
Affix Corporate Seal
THOMAS PLAZA IMPROVEMENT PROJECT57 Spm No. 6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
public or other officer i this to verifies only the identity of the individual who signed the
document to which this certificate t c t the truthfulness,accuracy,or validity of that document.
State of CaliforniaCounty of Orange
n... fo
o e, Angela_.. `.. ....,,, Notary,�....,.._ pc
Date Here Insert Name and Title of the Officer
personally appeared FreddyAvari
m,,M
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/herAheir authorized capacity0es),and that by his/herAheir signature(s)on the instrument the person(s),
or the entityupon behalf of which the person(s)acted,executedthe instrument.
I certify under L J under the laws
of thot alio i that the foregoing ra
Is true andt.
ANGE 11 11
WITNESSa omci I f.
a 8��ro�o�Orao•aP�uleCou.ntra�ao•rlua
Y
'Ao
V m
conlucugswu n#21 918 Signature,____
My Caawaa I H i atU tPublic
Place Notary%al Above
Thoughthis con is optional, completing this information eter afteration of the documentor
fraudulent nt of this form to an unintended ocu
Description f Attached
Title or y f Document: . Bond# . ..,. . C , ,m,,. .� cu t ate: .°,°
Number of Pages: m Signer(s) Other Than Named Above;
Oapecitypes) Claimed by Signer(s)
Signer's a em .F,.. A d Signers a
d:.l Corporate Officer ®Th s 1 Corporate Officer
.
� eO P ffi er . T'itle(s) ..... ......... .... .
1 ll Partner— f I Limited I;I General II Partner— Fool Limited 1.;:.1 General
I'..#'Individual 91 Attorney in Fact i,l Individual I I Attorney in Fact
!.I Trustee I I Guardian or Conservator i'I"trustee l"„I Guardian or Conservator
I'J�Other:, ... . . .,.
.... .. �,i ®then; . . .
Signer Is Re rent�n . . .m. Signer Is Representing: _.. .
9 p ..t� 9
14 National Notary Associationwww.NationaiNotery.org ® 1 a (1® - 7 ®6 ltem#5907
�10MAKINE
HCC
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That,U.S.SPECIALTY INSURANCE COMPANY(the'Company"),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 presentis make.constitute and appoint,
FREDDY ANVARI
its bus and lawful Aftorney4n-fact,with full power and authority hereby conferred in its name,place and stead.to execute,admovAmige and
deliver bond number 100502904 Issued in the course of Re business end to bind the Company thereby,in an
amount not to exceed— TWO hn 100 L_ $200.000.00 1.
Sold appointment is made under and by authority of the following resolutions of the Board of Directors of U.S.Specialty Insurance CompaWy:
'Be ft Resolvect 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)4n-Fact to represent and act for and
on behalf of the Company subject to the following provisions:
AiNomey4n-Fad may be given full power and authority for and In the name of arid an behalf of Me Company,to execute. acknowledge and
deliver,any and all bonds,recognizences.contracts,agreements or Indemnity and other conditional or obligatory undertakings,Including any
and all oonsents for the release of retained percentages andfor final estimates on engineering and construction contracts,and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such
Aftcmey4n-Fact shall be binding upon the Company as If signed by to President and sealed and effected by the Corporate Secretary.
Be N Resolifed,that the signature of any authorized officer and seed of the Company heretofore or hereafter affixed to any power of aftomey or
any certificate relating therelot 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 any bond or undertaking to which it is attached.'Adopted by unanimous written consent In Neu
of meeting on September 11%2011.
The Attomey-in-Faot named above may be 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 not an appointed agent of the Company.
IN WITNESS WHEREOF,U.S.Specialty I nsurance 4��Mny has caused its seal to be affixed hereto and executed by i t
ts Senior Vice Presiden
on this 18th day of December 2017.
Z
State of California I t, U.S.SPECLA5LS7UCE COMPANY
County of Los Angeles s . By: fiL%A
............... Adam S.P in,ZSenior Vice President
0 lit
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,accuM,or valift of that document.
On this V'day of June,2018,before me,Sonia 0. Carrejo,a notary public,personally appeared Adam S.Peasin,Senior Vice President of
U.S.Specialty Insurance Company,who proved to me on the basis of sadefectDry evidence to be the person 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 Instrument
the person,or the entity upon behalf of which the person acted,executed the instrument.
I cardly,under PENALTY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph Is true and correct.
WITNESS my hand and official seal.. w
MA cmm
tl;�.="�Pd :wh..�*
Signature (seal)
1,VJo 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 bus and conrect transcripts thereof and that neither the sold 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 26th day of June 2020
Bond No ' Ot510111,I IN Insurn".
. 1 ..Agency No. 19223 Mo Lo, Ass! seffetary
HCOSUPIDAUSSM120N
visit tmhco.com/surety for more info tin
ACC)RDO CERTIFICATE OF LIABILITY INSURANCE
DATE(M D
06/30/2020
THIS CERTIFICATE IS ISSUED A OF INFORMATION ONLY AND CONFERS O RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE FFO Y THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING I E ( ), AUTHORIZED
REPRESENTATIVE ORPRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the olic (les)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 eno ement(s).
PRODUCER ME: Stove Kuzmyak
Accessible Insurance Services PRONE 949-706 4736 C N®e 71 55®7156
PO Box 2848 ADDRESS: stevokuzmyak@gmall.com
INS S AFFORDING COVERAGE NAIC 0
Newport Beach CA 92663 INSU R A e West Congress-Certain Underwriters at Lloyd's
INSURED INSURER B e Progressive
Diamond O Construction INSURER C e Kinsale insurance Company
650 Blue Oak Drive INSURER D: State Compensation insurance Fund
INSURER E
Ukiah CA 95482 INSURER F
COVERAGES CERTIFICATE NU E REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW 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 Y HAVE BEEN REDUCED BY PAID CLAIMS.
LTR E OF INSURANCE ADDL SUBR POLICY NUMBER MKDD EFF POLICY P LIMITS
GENERAL LIABILITY 1,000.000
EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY A� 1'6 100,000
PREMISES Ea occurrence) $
CLAIMS® DE 1XI OCCUR MED EXP(Any one person $ 5,000
A X X WCCNCGL000010301 6/26/2020 6/26/2021 PERSONAL&ADV INJURY $ 1.000,000
GENERAL AGGREGATE $ 2.000,000
GEN°L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $ 2.000,000
17 POLICY XPRO- LOG $
AUTOMOBILE LIABILITY COMBINED IN L LIMIT $ 1,000,000
Ea ascldent
ANY AUTO BODILY INJURY(Per person) $
® ALL OWNED SCHEDULED X X 06233627-3 7/1/2020 6/27/2021 BODILY INJURY(Per scddent) $
AUTOS AUTOS
NON-OWNED PROPER®accident)
$
HIREDAUTOS AUTOS
$
UMB L LIAB X OCCUR EACH OCCURRENCE $ 2,000,000
CEXCESS LIAR CLAIMS-MADE 0100113430-0 4/24/2020 4/23/2021 AGGREGATE $ 2,000,000
DED RETENTION$ $
WORKERS COMPENSATION STATU- OTH-
AND EMPLO RS' BILRY
® ANY PROPRIETOR/PARTNE ECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000
OFFICERIMEMBER CLUDED7 N N/A X 9258804-19 8/11/2019 8/11/2020
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under
DESCRIPTION OF,OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,W more space Is required)
The City,its officers,officials,employees and volunteers are to be covered as Additional Insured 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.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
E EXPIRA71ON DATE THEREOF, NOTICE WILL BE DELIVERED I
City of Ukiah ACCORDANCE WITH THE POLICY PROVISIONS.
Department of Electric Utility
AUTHORIZED REPRESENTATIVE
300 Seminary Avenue
Ukiah CA 95482-5400
CO ( 101 ) ®1 58® 1 C ATION. All rights reserved.
The ACORD name and logo are registered arks of ACORD
Date
WESTCO GRESS Branch
IJi�GJ►7 Branch Office:Detroit MI
Telephone:
submissions@westcongress.com
CA License#:OL83706
COMMERCIAL GENERAL LIABILITY BINDER
To: USG Insurance Services, Inc.-Irvine,CA
From: Scott Marvell-smarvell@westcongress.com Policy Number:WCCN-CGL-0000103-01
RE:Diamond D Construction LLC
(DBA)Diamond D Engineering
Thank you for the binder,we appreciate your business.
Effective Date: 06/26/2020 - 06/26/2021 Policy Term: 12 Months
Coverage Form: Occurrence Retroactive Date: Not Applicable
Company: Clear Blue Specialty Insurance Company
LIMITS:
Each Occurrence Limit: $1,000,000 Medical Payment Limit: $5,000
General Aggregate Limit: $2,000.000 Errors and Omissions Liability: Excluded
Personal$Advertising Injury Limit: $1,000,000 Employee Benefits Liability: $1,000,000
Products-Completed Operations Aggregate Limit: $2,000,000 mployee Benefits Aggregate Limit: $1,000,000
Damage To Premises Rented To You: $100,000 /Per Project/Location Aggregate: $2,000,000
Policy Aggregate Limit: $5,000,000
ADDITIONAL TERMS:
Insured Retention Type: Deductible—Per Occurrence
Insured Retention: $5,000
Minimum Earned at Inception: 25%
Minimum Earned at Audit: 100%
Defense Costs: OUTSIDE
Audit Period: ANNUAL
Processing Fee: $450
Inspection Fee: $0
CLASSIFICATION AND RATE:
ISO Class Code Rate Exposure Basis Exposure Risk Premium
91585 6.00000 J$1,000 of Gross Sales $2,250,000 $13,500.00
Total $13,500.00
PREMIUM:
Risk Premium: $13,500.00
Additional Coverage Premium: +CA Tax:
Fee: $33.75 ....................
TRIA Premium:Rejected ._..
Total Premium. $13,500 +Stamp+Broker Fee:$750.00
Total Policy Premium:$14,688.75
Subject to Binding:
SEE SUBJECTIVITIES NOTED BELOW
Favorable&Currently Valued 015-2020 GL Loss Runs due prior to binding
Review and acceptability of the risk subcontractor agreement plor to binding
Broker is responsible for all Surplus Lines filings and taxes as well as providing a completed Surplus Lines form(within 15 days of
binding)
COMMENTS:
Improperly insured subs will have a$20,000 SIR applied to losses that arise from their work(CGL 11001)
Premiums are Subject to Audit Adjustment
612612020 esCru°n...,.if„wo.0 pasau _,,Q uotmu im 10 17,go it
SCHEDULE OF FORMS
Policy Number:WCCN-CGL-0000103-01
Form Number Form Name
CG 0001 12/07 Commercial General Liability Coverage Form
CG 0068 05/09 Recording And Distribution Of Material Or Information In Violation Of Law Exclusion
CG 2147 12/07 Employment-Related Practices Exclusion
CG 2154 01/96 Exclusion-Designated Operations Covered By A Consolidated(Wrap-Up)Insurance Program
CG 2155 09/99 Total Pollution Exclusion With A Hostile Fire Exception
CG 216712/04 Fungi Or Bacteria Exclusion
CG 2279 04/13 Exclusion-Contractors—Professional Liability
CG 3167 12/04 Exclusion-Exterior Insulation And Finish Systems
WCIS CGL 1001 12/15 Exclusion-Aircraft,Aircraft Products And Aircraft Grounding
WCIS CGL 1010 12/15 Exclusion-Continuous Or Progressive Injury And Damage
WCIS CGL 1011 12/15 Cross Suits Endorsement
WCIS CGL 104012/15 Exclusion-Hazardous Materials
WCIS CGL 1046 01/18 Exclusion-New Residential Construction Work
WCIS CGL 1061 12/15 Exclusion-Specified State Or County Operations
WCIS CGL 1063 12/15 Exclusion-Terrorism
WCIS CGL 1071 10116 Exclusion-Radioactive Contamination,Chemical, Biological,Bio-Chemical and
Electromagnetic Weapons
WCIS CGL 107210/16 Exclusion-Cyber Attack
WCIS CGL 1073 10/16 Exclusion-Sanctions Limitation
WCIS CGL 1074 10/16 Exclusion-War
WCIS CGL 1075 10/16 Exclusion-Nuclear Energy Liability(Broad Form)
WCIS CGL 1107 04/20 Exclusion-Communicable Disease
WCIS CGL 2009 04/19 Warranty-Conditional Exception to the Exclusion-Subsidence
CG 2404 05/09 Waiver Of Transfer Of Rights Of Recovery Against Others To Us
WCIS CGL 4006 01/18 Custom Homes Amendment To The Exclusion-New Residential Construction Work
WCIS CGL 4008 01/18 Infrastructure Or Site Work Amendmnt To The Exclusion-New Residential Construction Work
WCIS CGL 402612/15 Primary And Non-Contributing Insurance
CG 0435 12/07 Employee Benefits Liability Coverage
CG 2010 07/04 V.Additional Insured-Owners,Lessees Or Contractors-Scheduled Person Or Organization
CG 2037 04/13 Additional Insured—Owners,Lessees Or Contractors—Completed Operations
WCIS CGL 7002 11/17 Insured Retention Endorsement-Deductible
WCIS CGL 8001 12/15 Amendment Of Limits-Designated Construction Project(s)General Aggregate Limit
WCIS COND 9001 10/16 Common Policy Conditions
WCIS COND 9002 01/19 Fraudulent Claim Condition
WCIS CGL 10001 12/15 Basis Of Premium Endorsement
WCIS CGL 10002 05/18 Claim Notification
WCIS CGL 10003 12/15 WestCongress Service of Suit
WCIS CGL 10009 10/16 U.S.Terrorism Risk Insurance Act of 2002,As Amended,Not Purchased
WCIS CGL 11002 06/18 Amendment Of Premium Endorsement Minimum Earned Premium
WCIS CGL 11001 07/17 Amendment Of Premium-Special Conditions For Subcontractors Including Self Insured
Retention
WCIS END 001 12/15 Page 1 of 1
PR99RFXr1YF'
COMMERCIAL
Policy number: 06233627-3
Underwritten by
Progressive Specialty Insurance Co.
Insured
DIAMOND D CONSTRUCTION LLC
June 30,2020
Policy Period: 07/01/2020 — 06127/2021
Mailing Address
Progressive Specialty Insurance Co.
PO Bax 94739
Additionalinsured endorsement Cleve and,OH 44101
1-800444-"87
Name of Person or Organization For customer service,24 hours a day,
DOWBUILT 7 days a week
3248 171-1 ST
SAN WANSISCO CA 94110
The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy,but
this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of
that liability.We also agree with you that insurance provided by this endorsement will be primary for any power unit
specifically described on the Declarations Page.
Limit of Liability
Bodilly Injury each person/ each accident
Property Damage each accident
Combined Liability $1,000,000 each accident
All other terms,limits and provisions of this policy remain unchanged.
This endorsement applies to Policy Number: 233627®3
Issued to(Name of Insured): DIAMOND D CONSTRUCTION LLC
Effective date of endorsement 07/01/2020 Policy expiration date: 06/27/2021
Foup V!98 WIM)
NA CL
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
(Ed.4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right
against the person or organization named in the Schedule.(This agreement applies only to the extent that you perform work under a
written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described
in the Schedule.
The additional premium for this endoresement shall be 2% of the California workers'compensation premium otherwise due on
such remuneration.
Schedule
Person or Organization Job Description
CITY OF UKIAH
300 SEMINARY AVE
UKIAH, CA 95482
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective: 1/1/2019-IA/2020 Policy No. CWC71949-1129 Endorsement No
Insured:South East Emolovee Leasing Services.Inc.(LCF) Insurance Company State National Insurance Company,Inc.
Diamond D Construction LLC
Countersigned By: Q�
Access"131(III"1111111, SeiVilces
PO Box 28481 Newport Beach CA 92663
949-706-47361 FAX 714-455-7156
SteveKuzmyak@gmail.com
CA DO[ #OG77559
June 30, 2020
RE: Diamond D Construction LLC DBA Diamond D Engineering
City of Ukiah - Thomas Plaza Improvement Project
To Whom It May Concern:
Page 2 of the attached document is an Insurance Binder for the new General
Liability policy. An Insurance Binder is produced in lieu of an Insurance Policy.
An Insurance Binder states the limits and endorsements and exclusions of the
policy indicated by the policy number stated at the upper left corner of the binder.
Please find 4 "check marks" indicated on page 4 of the attached
document stating the policy has the following endorsements:
Waiver of Transfer of Rights of Recovery Against Other To Us
Primary And Non-Contributing Insurance
Additional Insured - Owners, Lessees Or Contractors - Scheduled Person or
Organization
* Additional Insured - Owners, Lessees Or Contractors - Completed Operations
A rush has been placed on the policy. As soon as the policy is received, the
aforesaid endorsements will be forwarded.
President,
Steve Kuzmyak