HomeMy WebLinkAboutDiamond D Construction 2023-08-03 COU N0. 2324-085
SHORT FORM CONSTRUCTION CONTRACT
This Agreement is made and entered on August 3i,1, 2023, in
Ukiah, California, by and between Diamond D Construction Company, a
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, which is att ched hereto and
incorporated herein by this reference.
2 . Cont-actor 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 in a reasonable amount of time. '
1 . 1 . 1 . 0 (check. it aE)pilcabla] 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, bel w, the
Contractor will pay to the City the sum of five 7undred dollars
($500 . 00) per day for each and every calendar d y' s delay beyond
the time prescribed.
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1 .1 .2 n [creek if app.!,-5me] 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 Tabor, 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 I, 2015) unless registered with the Department ❑l
Industrial Relations pursuant t❑ Labor Code section 1725 . 5.
1 .4 . 3 This project is subject to compliance monitoring
and enforcement by the Department of Industriai Relations.
1. 4 . 4 The Labor Commissioner through the Division of
Labor Standards Enforcement (DLSE) may at any time require
contractors and subcontractors to furnish electronic certified
payroll records directly to DLSE_ Commencing with contracts
awarded or after April 1, 2015, all contractors and
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subcontractors must furnish electronic certified payroll records
directly to the DLSE.
1 .4 . 5 The Prime Contractor is required to past 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 apon 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 t❑ the City, $50 . 00 for each
calendar day or portion thereof, for each workman paid less than
the stipulated prevailing rates fir 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 t❑ 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 Lhe
particular craft, classification, or type of workers concerned.
Copies of the General Prevailing Wage Determination are on file in
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
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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 --he 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 884,
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 sha7.1 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 ❑fficio 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 '� for overtime) are
available at the Department of Industrial Relations website at
http://www.dir_, ovl
1. 5 CITY Inspector. CITY may designate an architect, engineer,
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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 t❑ t_he Condition of tle 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. T:ne 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 ❑rder to perform the Work. The
Contractor sha12 repair or replace, as directed by CITY, any
property that it damages. looses ❑r 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 TnspecL.or at
all reasonable times and that no work is covered up or rendered
incapable of inspection without prior notice to CITY or its
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
COU 2324085
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 -n 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 park. of
the Work before final acceptance of the entire Work, the warranty
shall continue for the period of one year from the date ❑f such
partial acceptance. The Contractor shall remedy, at the Contractor' s
expense, any failure to conform, or any defect. [initial if
following sentence applies 1 1 1 i] CITY shall retain % of the
Contract Amount to secure the Contractor' s warranty and shall remit
the unused portion ❑f that amount at the end of the warranty period..
The time limit ❑f this warranty shall not apply to any latent defects,
or gross negligence or fraud on the part ❑f 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 -o 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
longer period. All claims for a time extension must be approved by
the City and incorporated into a written change order.
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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 rot 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 he 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 1-, times the basic rate of pay.
The Contractor shall forfeit zo 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,
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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 181-, .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 $35, 422.
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. Al].
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 ail 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
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
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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 cr expense (1)
is attributable to bodily injury, sickness, disease ar death, or to
injury to or destruction of tangible property, other than the work
itself, including the loss o4 use resulting therefrom and (2) is
caused in whole or in part by any ac- or omission of t1--e. Contractor,
any subcontractor, or anyone direct-y 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 -jayable 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. s❑ paid for
such damage shall be deducted from the mor_ey 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.
4.2 Insurance. Contractor shall procure and maintain for the
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duration of the contract insurance against claims for injuries to
persons or damages to property which may arise frpm or in connection
with the performance of the eork 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 Compensaticn 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 Liabilit : $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 accident
for bodily injury and property damage.
3. Employer' s-Liability: $1, 000, 000 per accident
for bodily injury and property damage.
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 o-r self---insured retentions as respects
the City, its officers, officials, employees and
volunteers; or the Contractor shall provid,s a financial
guarantee satisfactory to the City guaranteeing payment
of losses and related investigations, claim
administration and deferkse expenses.
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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 cornered 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 beha__f of the Con trac-�.or including
materials, parts or equ-pment furnished in connection
with such work or operations. General liability coverage
can be provided in the form of an endorremerit 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, volun'teers . Any insurance or self-insurance
maintained by the C"`ty, its officers, officials,
employees, or volunteers, shall be excess of the
Contractor's insurance and shall not contribute with it.
3 . Each insurances 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, as for long-term credit rat :nci
and AMS-1 for short-term credit .rating_
4 .2.6. Verification of Coverage
Contractor shall it1rrij sh the Ci Ly w i_th original
certificates and amendatory endorsements effecting
coverage required by this clause. The endorsements shall
be on forms provided by the City or on other than the
City' s forms, provided 1-.hose endorsements or policies
conform to the require.=meats. All certificates and
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endorsements are to be received within 15 days from
written notice of contract award, and the work shall not
commence until the certificates and endo-sements 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 sha=_1 furnish separate certificates
and endorsements four each subcontractor. All coverages
for subcontractors shall. be subject to all of the
requirements statecf 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 ander this Agreemen--; 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 regUired 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 --,f funs or abandonment o= the project.,
the contract shall terminate an thf� 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 becauso the Contract:or 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 ccmplt,�te the Work and recover from
Contractor any increased cost to complete the Work above the amounts
that would have been paid to Contractor hereunder, together with
any other damages suffered by City as a resu-. t of said breach.
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6. MODIFICATION OF AGREEMENT.
City may, from time to time, request changes in the Work, the
time to complete the work cox 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 uporL in writing by bo;h parties to
this agreement.
7. ASSIGNMENT.
The Contractor shall not assign any interest in this Agreement,
and shall not transfer anv interest in -he same (whether by
assignment or novation) , with:ait 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 preva_l during the period of this Agreement.
9. INDEPENDENT CONTRACTOR.
It is the express intension of the parties hereto that Con-
tractor is an independent contractor and not an em-)loyee, joint
venturer, or partner of City for any purpose whatsoeve_-. 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 his Agreement that resE,rve 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 emp=.oyee between
Contractor and City.
Contractor shall pay all. estimated and actual federal and state
income and self-employment tares that are due the state and federal
government and shall furnish and pay worker' s compensation insurance,
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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 far any Kich ta:;es or benefits- dUE� but not paid
by Contractor, including the legal costs associated with defending
against any audit, claim, demand _r law suit.
Contractor warrants and reorasents that it is a properly
licensed for the work performed under this Agreement with a sub-
stantial investment in its businesE and that it maintains its own
offices and staff which it will use in performing under this
Agreement.
10. GOVERNING 1AW.
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 court3 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 ne,.,ertheless continue in full force and
effect without being impaired or in-Talidated in any way.
12. INTEGRATION.
.
This Agreement, including the exhibits attached hereto,
contains the entire agreement among the parties and supersedes all
l
prior and contemporaneous ora 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
deemed, or shall constitute a waiver of any other provision, nor
shall any waiver constitute a cont:.nuing waiver. No waiver shall
be binding unless executed in writing by the party making the waiver.
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14. NOTICES.
Whenever notice, payment or other communication 2s required or
permitted under this Agreement, -t shall be deemed to have been
given when personally delivered, emailed, telefaxed or deposited in
the United States mail with proper first clays postage affixed
thereto and addressed as follows:
i
CONTRACTOR CITY
Diamond D Construction, LLC City of Ukiah
650 Blue Oak Dr 300 Seminary Ave.
Ukiah, CA 95482 Ukiah, CA. 95482
Service by telefax shall bear a n.-Dt:ation 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 HFADINGS.
The paragraph headings contai -ied herein are for convenience
and reference only and are not inten3ed 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 signat%_r.e 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 if! any administrative or judicial
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proceeding to prove the terms and content of this Agreement .
WHEREFORE, the parties have entered this Agreement on the date
first written above.
CONTRACTOR CITY OF UKIAJ�
By - By: '
Sage Sangiacomo
City Manager
California Contractor' s License Number [Number or NIA]
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EXHIBIT A
Page 1 of 1
Customer Info: Contractor Submittloe Bid:
City Of Ukiah Diamond r Construction,LLC
650 Blue Oak Dr..
Ukiah,CA 95482
Lic. 1027104
Job Location: dd.co struwt o-n outlook.com
Landfill Site 707-953-4484
Vichy Springs Rd
Ukiah CA Date Submitted:
7/12/2023
Work to be performed:
Diamond D Construction,LLC will provide all labor and material necessary to perform the following
work.
We will repair the slip out on the slope of the landslide her shaving the dirt back up the hill,and bringing
some new dirt down from the top. The material will be moisture conditioned and tracked walked in.
Once the repair is made we will install straw wattles on tho slope,and spray hydroseed an the
exposed dirt.
Total $35,422.00
Payment Terms:
All payments will be made within 21 days of the invoice Being sent to the customer,
After 21 days an additional 1.5%of the amount invoiced will be added to the total amount owed
and every month after until amount is paid in ful-.
This bid price is good for 60 days. If a signed acceptance is not received within 60 days
Diamond D reserves the right to withdraw the bid,
By signing below I accept the price and the conditions of this bid.
Signature: � J Dame: Sep 13, 2023
Premium subject to adjustment
based on final contract price.
CITY OF UKIAH
Mendocino County,California
PERFORMANCE BOND
BOND No.100782769
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 Diamond D Construction.LLC dba Diamond D Fngineerin (hereinafter
referred to as the'Contractor )an agreement for Contract No. 'seed—iPU-Qf'-' (hereinafter referred to as the
'Project"). •Repair the slip out on the slope of the landslide at Landfill Site located at Vichy Springs Rd, Ukiah,CA per bid
submitted on 711212023.
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract for the
Project dated July 12,2023 ,(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 Engineering, 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
Th15y Five Thousand Four Hundred Twenty Two and 001100 Dollars ($35.422.00 ), for which 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 all 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 shall promptly, at the CRy'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
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 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 Contractor's 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]
IN WITNESS WHEREOF,we have hereunto set our hands and seals this 28th day of July ,2023.
(Corporate Seal) Diamond D Construction, LLC dba Diamond D Engineering
Contractor/Principal
By
Title
(Corporate Seal) U.S. Specialty Insurance Company
Surety
By
Attomey-in-Fact
(Attach Attomey-in Fact Certificate) Title Freddy Anvad,Attomey-in-Fact
The rate of premium on this bond is $18.00 per thousand.The total amount of premium charges
is$638.00
(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,CA 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 92859
(Telephone number of Surety and Agent Surety:714-740-7004/Agent:949-706-4726
or Representative for service of process in California)
ACKNOWLEDGMENT
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.
State of California
County of Orange I
JUL 2 8 7023
On before me, Angela Kim, Notary Public
(insert name and title of the officer)
personally appeared Freddy Anvari
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/herltheir authorized capacity(les), 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 Kit
WITNESS my hand and official seal. voury Public•California
orange County
Commission 7 23577a1
y Comm.Expires May 15,2025
Signature (Seal)
TOKIOMARINE
H C C
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 100782769 , issued in the course of its business and to bind the Company thereby,
In an amount not to exceed CFne hundred thousand and 001100 f $100,000.00_- ).
Said appointment is made under and by authority of the following resolutions of the Board of Directors of U. S. Specially 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 Attomey(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 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 18t,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.pau„sed its seal to be affixed hereto and executed by its Senior Vice
President on this 181,day of April,2022,
U.S.SPECIALTY I SURANCE COMPANY
Adam S. Pess ,Senior Vice President
L
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which
his certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Los Angeles
On this Wh 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.. ,,,,SWA0.C`�;00
LW Ansel"County
Seat Commlulan 0 MUM
SignatureM (seal) 'My Comm.EspresApr 23,2026
I, Kio Lo, Assistant Secretary of 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 and affixed the seals of said gompanies at Los Angeles, California this
28th day of July2023 Any mfi nd� �,,
Bond No. 100782769
Agency No. 19223 n: ICo t o,A t Secretary
Visit tmhcc.com?surety for more informaEion" +...*,,:*' HCC50ZZP0AU5S1C07.g073
Premium subject to adjustment
based on final contract price. Premium included in Performance Bond.
CITY OF UKIAH
Mendocino County,California
PAYMENT BOND
BOND No. 100782769
KNOW ALL PERSONS BY THESE PRESENTS.-
WHEREAS, the City of Ukiah ("City") has awarded to Diamond D Construction,LLC dba Diamond D E.n ineating
("Contractor/Principal") a contract (City Agreement No. dated 07112=23
referred to as the 'Agreement") for the work described as
Repair the slip a_t on the slope or the landslide at Landfill Site located at why Spring:Rd,Ukiah,CA per bid submitted on 7112l2023 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
$35,422.00(Thirty Five Thousand Four Hundred Twenty Two and 001100 Dollars) ,for which payment will and truly
be made, we bind ourselves, our heirs, executors and adm'nistrators, 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 attorneys'fees as
shall be fixed by the court,awarded and taxed as provided in California Civil Code Section 9550,at 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 specified in the Agreement and delivered or transmitted to
Surety as follows:
Attn:U.S.Specialty Insurance Company
Address:I MacArthur PI.,Suite 550
City/StatelZip:Santa Ana, CA 92707
Phone:714-740-7004
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 the28thday of
July ,2023 .
Diamond D Construction,LLC dba Diamond D EngineeringSEAL)
Contractor/Principal It
By
Contractor's Representative
650 Blue Oak Dr.
Contractor/Principal's Address
Ukiah, CA 95482
City,State,Zip
U.S.Specialty Insurance Company SEAL)
Su ety
B Freddy Anvari,Attomey-in-Fact
Y
Surety's Representaf
1 MacArthur PI., Suite 550
Surety's Address
Santa Ana,CA 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 Attomey 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.
ACKNOWLEDGMENT
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.
State of California
County of Orange
On JUL 2 S 2023 Angela Kim Notary Public
before me, 9 ry _
(insert name and title of the officer)
personally appeared Freddy Anvari
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 KfM
WITNESS my hand and official seal. NotaryPubflt-California
*., my
Orange CountyCommission#2357781 Comm,fwres May 15,2025
Signature (Seal)
q TOKIOMAR{NE
r 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 lawfu'Attorney-in-fact,with full power and authority hereby conferred in its name, place and stead,to execute,acknowledge
and deliver bond number 100782769 , issued In the course of its business and to bind the Company thereby,
in an amount not to exceed ne un re ousand and 00/100 ( $100,000.00 ).
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 Attomey(s)-in-Fact to represent and
act for and on behalf of the Company subject to the following provisions:
Attomey-in-Pact 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 Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate
Secretary.
Be ft Resolved, that the signature of any authorized officer and seat 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 1Ii,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 hp.s,c4used its seal to be affixed hereto and executed by its Senior Vice
President on this 181"day of April,2022. ,• ,,�"'$".';��+�,'•.;
`y U.S.SPECIALTY I SURANCE COMPANY
aximm
Adam S.Pessi ,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.
State of California
County of Los Angeles
On this 18"'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.
S
WITNESS my hand and official seal. tlolary PtAliry Rbl r"a`�D
� c•California
- Las Ani"County
Signature (seal) t Missio�►'13870
r,rCcmm.rspite W 23.2026
I, Kio Lo, Assistant Secretary of .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 and affixed the seals of said Companies at Los Angeles, California this
28th day of July 2023 ,�";ti�>S'; •.,
Bond No. 100782769
Agency No, 19223 c Klo Lo,As t Secretary
Vislt tmhcc.conVsurety for more information%"+��y*sss���1`'`'`` HCCSOZZPOAussic0712023