HomeMy WebLinkAboutDiamond D Construction 2022-05-12 COU 2122-232
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
GOBBI STREET UNDERGROUND COMMUNICATIONS REWORK
Specification No.22-03
THIS AGREEMENT,made this 12th day of May ,20-22�,by and between the City of Ukiah,
Mendocino County,California, hereinafter called the City and Diamond D Construction LLC hereinafter called the
Contractor,
WITNESSETH:
WHEREAS,the City has caused to be prepared in accordance with 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 price 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 best regular
responsible bidder for the work and for the sums named in the proposal,
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
Article 1. Work to be Done and Contract Days Allowed.
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(20)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 begin 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
without having submitted certificates of insurance that have been accepted and approved by the Engineer
Gobbi Street Underground Communications Rework 4�J Spec.No.22-03
Article II. Contract Prices.
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 of tools and other
implements necessary to execute the work contemplated in this contract;for all loss 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.
Article III. tabor Discrimination.
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 contractor for public works 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
because 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 Fair Employment Practice section.
(b) The Contractor will send to each labor union or representative of workers with which he or she has a
collective bargaining agreement or other contract or understanding, a notice,to be provided by the
awarding authority, advising the said labor union or worker's representative of the Contractor's
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 for determining the
Contractor to be not a "responsible bidder" as to future contracts for which 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
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.
Gobbi Street Underground Communications Rework 50 Spec.No.22-03
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.
(e) The Contractor agrees that should the City determine that the Contractor has not complied 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 Fair 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 certify 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
also spell out the sources of the work force 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 1 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.
Gobbi Street Underground Communications Rework 51 Spec.No.22-03
Article IV. Parts of the Contract.
That the complete contract consists of the following documents, all of which shall be considered a part of this
agreement.
1. Notice to Bidders
2. Wage Rates
3. General Conditions
4. Technical Specifications
5. Proposal
6. Fair Employment Practices Certification
7. Agreement
8. Contract Bonds
9. Contract Drawings and Construction Details
10. Standard Drawings
11. Indemnification Agreement
IN WITNESS WHEREOF,this contract being executed in duplicate and the parties having caused their names to
be signed by authority of their duly authorized office this 'Z&day of AAAM 20-�Z.
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By:
C AN ITY F UKIA .
i'
Attest:
ary CLERK' , CITY OF UKIAH
By:
C TRACT
Attest:
Title: C
The foregoing contract is approved as to fwq and legality this lZb _day of , 20 ZZ
}
CITY AAORKEY, Cl O KiA
Gobbi Street Underground Communications Rework 52 Spec.No.22-03
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California,on May 12 , 20 22 , by
and between the City of Ukiah(Ukiah)and Diamond D Construction.11C (Contractor).
Contractor is
Rerforming work in support of the Gobbi Street Underground Communications Rework,Spec 22 03
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. Indemnification. 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:
Gobbi Street Underground Communications Rework 53 Spec.No.22-03
Reproduction of Insurance Services Office. Inc. Form
INSURER: COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: FORM CG 20 10 11 85(MODIFIED)
ENDORSEMENT NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY
ADDITIONAL INSURED ----- OWNERS, LESSEES OR
CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person(s) Location(s)of Covered Operations
or Organization(s)
City of Ukiah, its officers, officials,
employees and volunteers
300 Seminary Avenue
Ukiah, CA 95482
If no entry appears above, information required to complete this endorsement will be shown in
Declarations as applicable to this endorsement.
Section 11 WHO IS AN INSURED is amended to include as an additional insured the person(s)or organization(s)shown in the
Schedule,but only with respect to liability for"bodily injury","property damage",or"personal and advertising injury"arising out of"your
work"performed for that insured.
Modifications to ISO form CG20 10 1185:
The insured scheduled above includes the insured's elected or appointed officers, officials, employees and volunteers.
This insurance shall be primary as respects the insured shown in the schedule above, or if excess, shall stand in an
unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any
other insurance maintained by the Insured scheduled above shall be in excess of this insurance and shall not be called
upon to contribute with it.
The insurance afforded by this policy shall not be canceled except after thirty(30)days prior written notice by certified
mail, return receipt requested, has been given to the City.
Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case
where an agreement to indemnify the additional insured would be invalid under Subdivision (b)of Section 2782 of the
Civil Code.
Sign t e-Auth ri ed Representative
Address
f ,10 6 a1Lt CA q24 K,
Cyr)Q5La &�l
Pho�Number
CG 20 10 11 85 Insurance Services Office, Inc. For Modified
Premium Subject to Adjustment
Based on Final Contract Price CITY OF UKIAH
Mendocino County, California
PERFORMANCE BOND
BOND No.100657877
Premium:$2,100.00
KNOW ALL PERSONS BY THESE PREESNTS:
THAT WHEREAS,the City of Ukiah,organized and operating under the laws of the State of California,(hereinafter
referred to as the "City") has awarded to Desmond D Construction LLC dba Diamond D Engineering, (hereinafter referred to as the
"Contractor")an agreement for Contract No, SPecification#22-03(hereinafter referred to as the"Project").
WHEREAS,the work to be performed by the Contractor is more particularly set forth in the Contract for the Project
dated May 12,2022 , (hereinafter referred to,together with all attachments and exhibits thereto,as
'Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a
bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we,Diamond D Construction LLC dba Diamond D Engineertng the undersigned Contractor and
U.S.Specialty Insurance Company as Surety,a corporation organized and duly authorized to transact business under
the laws of the State of California, are held firmly bound until the City in the sum of
One Hundred Sixteen Thousand Six Hundred Forty Nine and 001100 ($ 116,649.00 ),forwhich amount well and truly to be made,we bind
ourselves, our heirs,executors and administrators, successors and assigns,jointly and severally,firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Contractor, his or its heirs, executors,
administrators,successors or assigns, shall in all things stand to and abide by,and well and truly keep and perform
the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein
provided, on its part,to be kept and performed at the time and in the manner therein specified, and in all respects
according to their intent and meaning; and shall faithfully fulfill ail obligations; and shall indemnify and save
harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract
Documents,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be
included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by the City in
enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents,unless otherwise provided for in
the Contract Documents,the above obligation shall hold good for a period of one(1)year after the acceptance of
the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and
replacements and totally protect the City from loss or damage resulting from or caused by defective materials or
faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor
remains, Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract
Documents, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the
Surety shall remedy the default pursuant to the Contract Documents, or shalt promptly, at the City's option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract
Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the
Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder,
arrange for a contract between such bidder, the Surety and the City, and make available as work
progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract
Gobbi Street Underground Communications Rework 54 Spec.No.22-03
price,including other costs and damages for which Surety maybe liable.The term"balance of the contract
price"as used in this paragraph shall mean the total amount payable to Contractor by the City under the
Contract and any modification thereto,less any amount previously paid by the City to the Contractor and
any other set offs pursuant to the Contract Documents,
iii. Permit the City to complete the Project in any manner consistent with California law and make
available as work progresses sufficient funds to pay the cost of completion of the Project,less the balance
of the contract price,including other costs and damages for which Surety may be liable.The term"balance
of the contract price"as used in this paragraph shall mean the total amount payable to Contractor by the
City under the Contract and any modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs by the City pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety
in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for
completion of the Project if the City,when declaring the Contractor in default,notifies Surety of the City's objection
to Contractors further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect
its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Gobbi Street Underground communications Rework 55 Spec,No.22-03
IN WITNESS WHEREOF,we have hereunto set our hands and seals this 19th day of May
2022.
(Corporate Seal) Diamond D Construction LLC dba Diamond D Engineering
Contractor/Principal l
sy awVyt�tJ
Title
(Corporate Seal) U.S.Specialty Insurance Company
Surety
By
—. Attomey-in-Fact _
(Attach Attorney-in Fact Certificate) Title Freddy Anvarl,Attorney-in-Fact
The rate of premium on this bond is $18.00 per thousand.The total amount of premium charges is
$ 2,100.00
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) U.S. Specialty Insurance Company
1 MacArthur Pl.,Suite 550
Santa Ana,California 92707
(Name and Address of Agent or Accessible Insurance Services
Representative for service of process in PO Box 2848
California, if different from above) Newport Beach,CA 92659
(Telephone number of Surety and Agent Agent:949-706-4726 Surety: 714-740-7004
or Representative for service of process in California)
Gobbi Street Underground Communications Rework 56 Spec.No.22-03
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of Orange )
On _05 � a�-�--- before me, K. Ho_, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared __- _. Freddy Anvari
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person() whose name() is/am
subscribed to the within instrument and acknowledged to me that he/sue/flWq executed the same in
his/het/W&authorized capacity(WA), and that by his/FWt+X*signature($)on the instrument the person(mo,
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.
WITNESS my hand and o icial seal.
K.H4
Notary PLblic•C iforriia
Si P
i
orar e Co�'A #_ nature' r g
can^iss on u�2 0� Signature'of tary Public
My Comr Exoren Nov 7,122
22
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: -&wp- 0 l DOG S'j 87 . Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Freddy Anvari Signer's Name:
❑Corporate Officer — Title(s): Ll Corporate Officer — Title(s):
Ef Partner — ❑ Limited F1 General ❑Partner — 1 Limited [ , General
Individual X1 Attorney in Fact C1 Individual ❑Attorney in Fact
f 1 Trustee [1 Guardian or Conservator L1 Trustee Cl Guardian or Conservator
I J Other: Cl Other:
Signer Is Representing: Signer Is Representing:
U2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
TOKIO AAARI N E
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 presents make,constitute and appoint,
FREDDY ANVARI
its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name, place and stead,to execute,acknowledge
and deliver bond number 100657877 issued in the course of its business and to bind the Company thereby,
in an amount not to exceed Two hundred thousand and 00/100
( $200,000.00 ^). Said appointment is made under and 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-Fact to represent and
act for and on behalf of the Company subject to the following provisions:
Afforney-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, reoognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings,
including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,
and any and all notices and documents canceling orterminating 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 any certificate 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 any bond or undertaking to which it is attached."Adopted by unanimous
written consent in lieu of meeting on September 181.2011.
The Attorney-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 Attorney-in-Fact is or is not an appointed agent of the Company.
IN WITNESS WHEREOF, U.S. Specialty Insurance Company has caused its seal to be affixed hereto and executed by its Senior Vice
President on this 18th day of April,2022. 0.,x`i`i;;g;;;e�',,,,
State of California ;f `� 'a U.S.SPECIALTY I SURANCE COMPANY
Dui. Y a ;a 3 �
County of Los Angeles SS: =� s t; By: 24A
Adam S. Pass ,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 181h day of April,2022,before me,Sonia O.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 that by his signature on the
instrument the person,or the entity upon behalf of which the person 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.
WITNESS my hand and official seal.. :;10.
Mews Am t•CNAIDMle
cOM936im 1!]9870
Signature (seal) a",�r,*"W=,,m2i
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 19th day of May 2022
r
Bond No. 100657877
`�..�`�.Y 1nSu
a0 ...:o
Agency No. 19223 _NQi Kio t.o,AssisftWSecretary
s
Visit tmhec.com/surety for more information MCCSOZZPOAUSSIC W2022
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Premium Subject to Adjustment CITY OF UKIAH
Based on Final Contract Price Mendocino County, California
PAYMENT BOND
BOND No.100657877
Premium Included on Performance Bond
KNOWALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Ukiah ("City") has awarded to ("Contractor/Principal") a
contract (City Agreement No,Specification#22-03, dated May 12,2022 referred to as the
"Agreement") for the work described as . The Agreement is incorporated by this
reference into this Payment Bond("Bond"); and
WHEREAS, Contractor/Principal is required to furnish a bond in connection with the Agreement and pursuant to
California Civil Code section 9550;
NOW, THEREFORE, we Diamond D Construction LLC dba Diamond D Engineering the undersigned
Contractor/Principal,and U.S.Specialty insurance Company ("Surety"),a corporation organized and existing under the laws
of the State of Texas ,and duly authorized to transact business under the laws of the State of
California, as Surety, are held firmly bound until the City, and to any and all persons, companies, or corporations
entitled by law to file stop payment notices under California Civil Code Section 9100, or any person, company, or
corporation entitled to make a claim on this bond,in the sum of$ 116,649.00 ,for which payment
will and truly be made,we bind ourselves,our heirs,executors and administrators,successors and assigns,jointly
and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if Contractor/Principal,its heirs,executors,administrators,
successors,or assigns,or subcontractor, shall fail to pay any person or persons named in Civil Code section 9100:
or fail to pay for any materials, provisions, or other supplies, used in, upon,for, or about the performance of the
work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Code,with respect to work or labor thereon of any kind;or shall fail to deduct,withhold,
and pay over to the Employment Development Department, any amounts required to be deducted,withheld, and
paid over by Unemployment Insurance Code Section 13020 with respect to work and labor thereon of any kind,
then Surety will pay for the same, in an amount not exceeding the amount herein above set forth,and in the event
suit is brought upon this bond,also will pay such reasonable attomeys'fees as shall be fixed by the court,awarded
and taxed as provided in California Civil Code Section 9550, et seq.
It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the
obligation of the bond by any change,extension of time for performance,addition,alteration or modification in,to,or
of any contract,plans,or specifications,or agreement pertaining or relating to any scheme or work of improvement
herein above described;or pertaining or relating to the furnishing of labor,materials,or equipment therefor;nor by
any change or modification of any terms of payment or extension of time for payment pertaining or relating to any
scheme or work of improvement herein above described; nor by any rescissions or attempted rescission of the
contract,agreement or bond;nor by any conditions precedent or subsequent in the bond attempting to limit the right
of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond;nor
by any fraud practiced by any person other than the claimant seeking to recover on the bond;and that this bond be
construed most strongly against the Surety and in favor of all persons for whose benefit such bond is give; and
under no circumstances shall the Surety be released from liability to those for whose benefit such bond has been
given,by reason of any breach of contract between the Owner and ContractorlPrincipal or on the part of any oblige
named in such bond;that the sole condition of recovery shall be that the claimant is a person described in California
Civil Code section 9100, and who has not been paid the full amount of his or her claim; and that the Surety does
hereby waive notice of any such change, extension of time, addition,alteration or modification herein mentioned,
including but not limited to the provisions of section 2819 and 2845 of the California Civil Code.
Any notice to Surety may be given in the manner spaded in the Agreement and delivered or transmitted to Surety
as follows:
*Gobbi Street Underground Communications Rework—Specification No.22-03
Gobbi Street Underground Communications Rework 57 Spec.No.22-03
Attn:U.S.Specialty Insurance Company
Address: 1 MacArthur PI., Suite 550
City/State/Zip: Santa Ana,California 92707
Phone: 714-740-7000
Fax: 714-740-9058
Email: FAnvari@tmhcc.com
IN WITNESS WHEREO,two identical counterparts of this Bond,each of which shall for all purposes be deemed an
original thereof, have been duly executed by Contractor/Principal and Surety above named, on the 19thday of
May 202Z .
Diamond D Construction LLC dba Diamond D I"Ong
Contractor/Principal
By J_a�� —
ontr o s Representative
&50 Me_ clbl%k -Dr
Contractor/Principal's Address
Uri aln CA- OK? 2-
City,State,Zip
U.S.S ecial. Insurance Company (SEAL)
Surety
By Freddy Anvari,Attomey-in-Fact
ety's Representati
1 MacArthur PI., Suite 550
Surety's Address
Santa Ana,California 92707
City,State,Zip
714-740-7004
Telephone Number
NOTE:Signatures of those executing for Surety must be properly acknowledged,The bond must be accompanied
by a properly acknowledged Power of Attorney from the Surety authorizing its agent to bind it to this bond.A copy
of such Power of Attorney must be in file with the City.
Gobbi Street Underground Communications Rework 58 Spec.No.22-03
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary pubic or other officer completing this certificate verifies only the Identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of Oran e )
On L2j lrV/ 94L before me, K. Ho, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared _ _._Freddy 6pyari
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(x) whose name(A is/am
subscribed to the within instrument and acknowledged to me that he/skw/tf V executed the same in
his/hee/t*k authorized capacity(I)OX), and that by his/bH(/X*k signature(o on the instrument the person(*,
or the entity upon behalf of which the person(a) 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,
WITNESS my hand and.official seal.
K.HO
�Y4 Notary PubYc-Ca.1fornia
Orange County
' COC11r15"'Or' 262i41 Signature
- - -
My Comm,Expires Noy 71 2422y Signa rl oi Alotary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: n"O) No, W065_7 V-1 Document Date:
Number of Pages: _ Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Freddy Anvari Signer's Name:
L.Corporate Officer — Title(s): _ CI Corporate Officer — Title(s):
EI Partner — ❑ Limited ❑General ❑ Partner — . 1 Limited 0 General
❑ Individual X]Attorney in Fact ❑ Individual ❑Attorney in Fact
0 Trustee I-1 Guardian or Conservator CI Trustee n Guardian or Conservator
Iwl Other: Cl Other: _
Signer Is Representing: Signer Is Representing:
uo�c^4�as�^4w�^4.�^s-c.- _ . ^c�csv�-=�•s�ax�rs�.^uc^�=��crs�c^�,^��v^�c^�:`wa�4^a_u�=�ss=:t��:c^�a�ats!za�c
02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item ff5907
TOKIO MARI N E
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 presents make,constitute and appoint,
FREDDY ANVAR!
its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name, place and stead,to execute,acknowledge
and deliver bond number 100657877 issued in the course of its business and to bind the Company thereby,
in an amount not to exceed Two hundred thousand and 00/100 _
( $2001000.00 ). Said appointment is made under and 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 Aktorney(s)-in-Fact to 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 all consents for the 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 Attomey-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 any certificate 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 any bond or undertaking to which it is attached.'Adopted by unanimous
written consent in lieu of meeting on September 1a'.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 Attorney-in-Fact is or is not an appointed agent of the Company.
IN WITNESS WHEREOF, U.S. Specialty Insurance Company has caused its seal to be affixed hereto and executed by its Senior Vice
President on this 181h day of April,2022. ``�p•``y jp,pa��0,,��
State of California =y `� + U.S.SPECIALTY I SURANCE COMPANY
b=
=via r a iy E
County of Los Angeles SS: Ste':. S By: VIP
Adam S.Pess' ,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 180,day of April,2022,before me,Sonia O.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 that by his signature on the
instrument the person,or the entity upon behalf of which the person 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.
WITNESS my hand and official seal.. soma CAMW
LM
Notary Pu6Nr•Csllforn V
AnIM
Signature (seal) twnmadw 82 98i16
*., mmGOMAV1).2016
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 19th day of May 2022
Bond No. 100657877
Agency No. 19223 3-
C6, „ om Klo t.o,Assis&dSecretary
S ;t
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