HomeMy WebLinkAboutA8532 - YELLOW JACKET DRILLING SERVICES, LLCRecording Requested By:
City of Palm Springs
When Recorded Mail To:
Name Anthony J. Melia, City Clerk
Street
Address 3200 E. Tahquitz Canyon Way
City & State Palm Springs, CA 92262
NOTICE IS HEREBY GIVEN THAT:
/D-*,
2020-0572727
11/17/2020 10:48 AM Fee: $ 0.00
Page 1 of 2
Recorded in Official Records
County of Riverside 1
Peter Aldana ���
Assessor -County Clerk -Recorder
111191REAW1IkN'ik"Iff11111
SPACE ABOVE THIS LINE FOR RECORDERS USE
NOTICE OF COMPLETION
(CA Civil Code §§ 8180-8190, 8100-8118, 9200-9208)
The undersigned is an owner of an interest of estate in the hereinafter described real property, the nature of which interest or estate is:
Fee
(e.g. fee, leasehold, joint tenancy, etc.)
2. The full name and address of the undersigned owner or reputed owner and of all co -owners or reputed co -owners are:
Name Street and No. City State
City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262
3. The name and address of the direct contractor for the work of improvement as a whole is:
Yellow Jacket Drilling Services, LLC, 3922 E University Dr., Suite 1, Phoenix, AZ 85034
4. This notice is given for (check one):
0 Completion of the work of improvement as a whole.
❑ Completion of a contract for a particular portion of the work of improvement (per CA Civ. Code § 8186).
5. If this notice is given only of completion of a contract for a particular portion of the work of improvement (as provided in CA Civ. Code
§ 8186), the name and address of the direct contractor under that contract is:
Not Applicable
6. The name and address of the construction lender, if any, is:
Not Applicable
7. On the 2nd day of July 20 20 , there was completed upon the herein described property a work of improvement as a
whole (or a particular portion of the work of improvement as provided in CA Civ. Code § 8186) a general description of the work provided:
City Project 19-32 Airport Environmental Boring and Drilling
8. The real property herein referred to is situated in the City of Palm Springs , County of Riverside
State of California, and is described as follows:
Palm Springs International Airport
9. The street address of said property is:
3400 E Tahquitz Canyon Way, Palm Springs, CA 92262
10. If this Notice of Completion is signed by the owner's successor in interest, the name and address of the successor's transferor is:
Not applicable
I certify (or declare) under penalty of perjury under the laws of the State o_f Caaliffoornia that the foregoing is true and correct.
Date: 57 — 2,0 kj By: �Z
Signature of Owner or Owner's Authorized Agent
Joel Montalvo/City Engineer
City of Palm Springs
Page 1 of 2
VERIFICATION
I, Joel Montalvo , state: I am the City Engineer — ("Owner', "President",
"Authorized Agent", "Partner", etc.) of the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the
contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on g —�� �o� (date), at Palm Springs
(City), CA (State).
Signature of Owner or Owner's Authorized Agen
Joel Montalvo/City Engineer
City of Palm Springs
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.
JOHN PAUL MAIEA
Notary Public - California
San Luis Obispo County ZZ
Commission #r 2165677
My Comm. Ex ires Sep 24, 2020
STATE OF CALIFORNIA
COUNTY OF Ufa J--Z
On (date), before
me, I , Notary Public (name and title of
officer) personally appeared vh 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 PURJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and official seal.
Page 2 of 2 Signature
AGREEMENT
(CONSTRUCTION,y�CONTRACT)
THIS AGREEMENT made this Q 11 day of 09" , 2020 by and between
the City of Palm Springs, a charter city, organized and existing in the County of Riverside,
under and by virtue of the laws of the State of California, hereinafter designated as the City,
and Yellow Jacket Drilling Services, LLC, an Arizona limited liability company.
hereinafter designated as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1 -- THE WORK
For and in consideration of the payments and agreements to be made and performed by
City, Contractor agrees to furnish all materials and perform all work required to complete
the Work as specified in the Contract Documents, and as generally indicated under the Bid
Schedule(s)for the Project entitled:
AIRPORT ENVIRONMENTAL BORING AND DRILLING
CITY PROJECT NO. 19-32
The Work comprises conducting environmental boring and drilling on the airport property,
located at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm
Springs, California, to install three (3) groundwater monitoring wells and advance up to
thirteen (13) soil borings at discrete locations around the airport property to facilitate the
collection of soil samples.
ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the
Notice to Proceed by the City, and the Work shall be fully completed within the time
specified in the Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and
that the City will suffer financial loss if the Work is not completed within the time specified
in Article 2, herein, plus any extensions thereof allowed in accordance with applicable
provisions of the Standard Specifications, as modified herein. They also recognize the
delays, expense, and difficulties involved in proving in a legal proceeding the actual loss
suffered by the City if the Work is not completed on time. Accordingly, instead of requiring
any such proof, the City and the Contractor agree that as liquidated damages or delay(but
not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the
Special Provisions for each calendar day that expires after the time specified in Article 2,
herein. In executing the Agreement, the Contractor acknowledges it has reviewed the
provisions of the Standard Specifications, as modified herein, related to liquidated
damages, and has made itself aware of the actual loss incurred by the City due to the
inability to complete the Work within the time specified in the Notice to Proceed.
AIRPORT ENVIRONMENTAL BORING AND DRILLING
CITY PROJECT NO.19-32 AGREEMENT FORM
AGREEMENT AND BONDS-PAGE 1
Termination Prior to Expiration of Term. City may terminate this Agreement for its
convenience at any time, without cause, in whole or in part, upon giving Contractor written
notice, pursuant to Section 6-8 of the Special Provisions. Where termination is due to the
fault of Contractor and constitutes an immediate danger to health, safety, and general
welfare, the period of notice shall be such shorter time as may be determined by the City.
Upon such notice, City shall pay Contractor for Services performed through the date of
termination in accordance with the Contract Documents. Upon receipt of such notice,
Contractor shall immediately cease all work under this Agreement, unless stated otherwise
in the notice or by written authorization of the Contract Officer. After such notice, Contractor
shall have no further claims against the City under this Agreement. Upon termination of
the Agreement under this section, Contractor shall submit to the City an invoice for work
and services performed prior to the date of termination.
ARTICLE 3 -- CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the
Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid
Proposal! and Bid Schedule(s), and any duly authorized Construction Contract Change
Orders approved by the City. The amount of the initial contract award in accordance with
the Contractor's Bid Proposal is One Hundred Forty-Two Thousand Four Hundred
Dollars and Zero Cents ($142,400.00).
Contractor agrees to receive and accept the prices set forth herein, as full compensation
for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said
compensation shall cover all expenses, losses, damages, and consequences arising out
of the nature of the Work during its progress or prior to its acceptance including those for
well and faithfully completing the Work and the whole thereof in the manner and time
specified in the Contract Documents; and, also including those arising from actions of the
elements, unforeseen difficulties or obstructions encountered in the prosecution of the
Work, suspension of discontinuance of the Work, and all other unknowns or risks of any
description connected with the Work.
ARTICLE 4--THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
prevailing rate of per diem wages as determined by the Director of the California
Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of
Subcontractors, Local Business Preference Program — Good Faith Efforts, Non-
Discrimination Certification, Non-Collusion Declaration, Bidder's General Information, Bid
Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance
Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings,Addenda
issued during bidding (if any), and all Construction Contract Change Orders and Work
Change' Directives which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto.
AIRPORT ENVIRONMENTAL BORING AND DRILLING
CITY PROJECT NO.19-32 AGREEMENT FORM
AGREEMENT AND BONDS-PAGE 2
ARTICLE 5 -- MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by
the City, the Contractor agrees to furnish all materials and perform all work required for the
above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract
Documents.
City hereby agrees to employ, and does hereby employ, Contractor to provide the
materials, complete the Work, and fulfill the obligations according to the terms and
conditions herein contained and referred to, for the Contract Price herein identified, and
hereby contracts to pay the same at the time, in the manner, and upon the conditions set
forth in the Contract Documents.
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and
Labor Code requirements specified in the Contract Documents, including the requirement
to furnish electronic certified payroll records directly to the Labor Commissioner (via the
Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per
diem wages as determined by the Director of the Department of Industrial Relations of the
State of California.
ARTICLE 6 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard
Specifications as amended by the Special Provisions. Applications for Payment will be
processed by the City Engineer as provided in the Contract Documents.
ARTICLE 7 -- NOTICES
Whenever any provision of the Contract Documents requires the giving of a written Notice
between the parties, it shall be deemed to have been validly given if delivered in person to
the individual or to a member of the firm or to an officer of the corporation for whom it is
intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the
last business address known to the giver of the Notice.
ARTICLE 8 -- INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the City, and all of its officers and
agents from any claims, demands, or causes of action, including related expenses,
attorney's fees, and costs, based on, arising out of, or in any way related to the Work
undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of
Section 7-15 "Indemnification," of the Special Provisions, which are hereby referenced and
made a part hereof.
Prevailing Wages. Contractor agrees to fully comply with all applicable federal and state
labor laws including, without limitation California Labor Code Section 1720, et seq., and
1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.
("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of
prevailing wages under California law, and Contractor hereby agrees to defend,
AIRPORT ENVIRONMENTAL BORING AND DRILLING
CITY PROJECT NO. 19-32 AGREEMENT FORM
AGREEMENT AND BONDS-PAGE 3
indemnify, and hold the City, its officials, officers, employees, agents and volunteers,free
and harmless from any claim or liability arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws.
ARTICLE 9 -- NON-DISCRIMINATION
In connection with its performance under this Agreement, Contractor shall not discriminate
against any employee or applicant for employment because of actual or perceived race,
religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin,
immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation,
gender identity, gender expression; physical or mental disability,or medical condition (each
a "prohibited basis"). Contractor shall ensure that applicants are employed, and that
employees are treated during their employment, without regard to any prohibited basis. As
a condition precedent to City's lawful capacity to enter this Agreement, and in executing
this Agreement, Contractor certifies that its actions and omissions hereunder shall not
incorporate any discrimination arising from or related to any prohibited basis in any
Contractor activity, including but not 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;
and further, that Contractor is in full compliance with the provisions of Palm Springs
Municipal Code Section 7.09.040, including without limitation the provision of benefits,
relating to non-discrimination in city contracting.
ARTICLE 10 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the
Special Provisions will have the meanings indicated in said Standard Specifications and
the Special Provisions. No assignment by a party hereto of any rights under or interests in
the Contract Documents will be binding on another party hereto without the written consent
of the party sought to be bound; and specifically, but without limitation, monies that may
become due and monies that are due may not be assigned without such consent (except
to-the extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment, no assignment will release
or discharge the assignor from any duty or responsibility under the Contract Documents.
The City and the Contractor each binds itself, its partners, successors, assigns, and legal
representatives, to the other party hereto, its partners, successors, assigns, and legal
representatives, in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
SIGNATURES ON NEXT PAGE
AIRPORT ENVIRONMENTAL BORING AND DRILLING
CITY PROJECT NO.19-32 AGREEMENT FORM
AGREEMENT AND BONDS-PAGE 4
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
CITY OF PALM SPRINGS, APPROVED BY THE CITY COUNCIL:
CALIFORNIA Date q�3-1 I''Z102.0
B h532,
David H
City Manager Agreement No.
ATTEST:
APPADVEb ByC"COUNCIL
By 1zo 0
Anthony J. M j MMC
ty Clerk
APPROVED AS TO FORM:
ByC_ : 2 zf/I
� Jftey S. 011inger,
City Attorney
RECOMMEND
Marcus L. Fuller, P.E., P.L.S.
Assistant City Manager/City Engineer
AIRPORT ENVIRONMENTAL BORING AND DRILLING
CITY PROJECT NO.19-32 AGREEMENT FORM
AGREEMENT AND BONDS-PAGE 5
CONTRACTOR
By: Yellow Jacket Drilling Services, LLC, an Arizona limited liability company
Firm/Company Name
By: By:
Signature(notarized) Signature(notarized)
Name: Richard LeBlanc Name:
Title: :Operations Manager Title:
— - 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.
(This Agreement must be signed in the above (This Agreement must be signed in the above space
space by one having authority to bind the by one having authority to bind the Contractor to the
Contractor to the terms of the Agreement.) terms of the Agreement.)
State of Arizona ) State of 1
County of Maricopa )as County of )ss
On 03-30-2020 On
before me, JoAnne Sites before me,
personally appeared Richard LeBlanc personally appeared
who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory
evidence to be the person(s)whose name(s)is/are evidence to be the person(s)whose name(s)is/are
subscribed to the within instrument and subscribed to the within instrument and
acknowledged to me that he/she/they executed the acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and same in his/her/their authorized capacity(ies), and
that by his/her/their signatures(s)on the instrument that by his/her/their signatures(s)on the instrument
the person(s),or the entity upon behalf of which the the person(s),or the entity upon behalf of which the
person(s)acted, executed the instrument. person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing laws of the State of California that the foregoing
paragraph is true and correct. paragraph is true and correct.
WITNESS my hand and official s I.V WITNESS my hand and official.seal.
Notary Signatu r��j 1 Notary Signature:
Nota Seal: VTTFF�i CC Notary Seal:
JO ANNE SITES
s, Notary Public-State olAruona
PINALCOUNTY
My commission Expires
March 23.2021
AIRP RT-ENViR8NMENT*I:"B6RI NG
CITY PROJECT NO. 19-32 AGREEMENT FORM
AGREEMENT AND BONDS—PAGE 6
PERFORMANCE BOND—PUBLIC WORKS
KNOW ALL MEN BY THESE PRESENTS,
WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of
Riverside, California, as Obligee, (hereinafter referred to as the "City"), has awarded to the
undersigned Contractor, (hereinafter referred to as the "Contractor"), an agreement for the work
described as follows:
AIRPORT ENVIRONMENTAL BORING AND DRILLING
CITY PROJECT NO. 19-32
(hereinafter referred to as the"Public Work'); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain
Agreement (Construction Contract) for the said Public Work awarded to the Contractor and
approved by the City for the Project hereinabove named, (hereinafter referred to as the"Contract"),
which Contract is incorporated herein by this reference; and
WHEREAS,the Contractor is required by said Contract to perform the terms thereof,and to provide
a bond both for the performance and guaranty thereof.
NOW, THEREFORE,we, the undersigned Contractor, as Principal, and:
Nationwide Mutual Insurance Company
a corporation organized and existing under the laws of the State of Ohio and duly
authorized to transact business under the laws of the State of California, as Surety, are held and
firmly bound unto the City in the sum of One Hundred Forty Two Thousand Four Hundred
Dollars ($ 142,400.00 ), said sum being not less than 100 percent of the total amount
payable by the City under the terms to the said Contract, for which amount well and truly to be
made,we bind ourselves, our heirs, executors, administrators, successors,and assigns,jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,that if the bounden 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 said Contract and any
alteration thereof made as therein provided, on his or its parts,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 the one year guarantee of all materials and workmanship; and indemnify and
save harmless the City, its officers and agents, as stipulated in said Contract, then this obligation
shall became null and void; otherwise it shall be and remain in full force and effect.
The said Surety,for value received, hereby stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the
Specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration of addition to the terms
of the Contract, or to the Public Work or to the Specifications.
No final settlement between the City and the Contractor shall abridge the right of any beneficiary
hereunder, whose claim may be unsatisfied.
AIRPORT ENVIRONMENTAL BORING AND DRILLING PERFORMANCE BOND
CITY PROJECT NO.19-32 AGREEMENT AND BONDS-PAGE 6
JANUARY 2020 -
I s
PERFORMANCE BOND—PUBLIC WORKS
(CONTINUED)
Contractor and Surety agree that if the City is required to engage the services of an attorney in
connection with enforcement of the bond, each shall pay City's reasonable attorney's fees incurred,
with or without suit, in addition to the above sum.
SIGNED AND SEALED, this 3rd day of April 2020.
CONTRACTOR: Yellow jacket Drilling Services,LLC
Check one:_individual,_partnership,_corporation X limited liability company
(This Performance Bond must be signed by representatives and/or officers having appropriate
authority to bind the Contractor and Surety to the terms of the Performance Bond.)
CONTRACTOR: SURETY:
By: By
sign ture signature
y (NOTARIZED) (NOTARIZED)
Print Name and Title: Print Name and Title:
Richard LeBlanc.Principal Managing Member Ioseph Rosales.Attomev-in-fact
By.
signature -
(NOTARIZED)
Print Name and Title:
By submitting this Performance Bond, the Contractor and Surety acknowledge the provisions of the
Contract Documents with regard to Section 6.4 "Default by the Contractor", as further amended by
the Special Provisions.
AIRPORT ENVIRONMENTAL BORING AND DRILLING PERFORMANCE BOND
CITY PROJECT NO.19-32 AGREEMENT AND BONDS-PAGE 9
JANUARY2020
PERFORMANCE BOND—PUBLIC WORKS
(CONTINUED) -
The rate of premium on this bond is $ 25.00 per thousand on 1 st$100,000 8 $15.00 per
thousand on next$400,000.
The total amount of premium charged: $_3 136.00
(The above must be filled in by corporate surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from
the California Insurance Commissioner authorizing them to write surety insurance defined in
Section 105 of the California Insurance Code, and if the work or project is financed, in whole or
in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department's most
current list(Circular 570 as amended).THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) Nationwide Mutual Insurance Company
1100 Locust St.
Des Moines,IA 50391
(Name and Address of Agent or Hill&Usher Insurance
Representative for service of
process in California if 3033 N 44th SL,Ste.300
different from above)
Phoenix,AZ 85018
(Telephone Number of Surety and 866-387-0457
Agent or Representative for
service of process in California) 602-956-4220
AIRPORT ENVIRONMENTAL BORING AND DRILLING PERFORMANCE BOND
CITY PROJECT NO.19-32 AGREEMENT AND BONDS-PAGE 10
JANUARY 2020
PAYMENT BOND—PUBLIC WORKS
KNOW ALL MEN BY THESE PRESENTS,
WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of Riverside,
California, as Obligee, (hereinafter referred to as the "City'), has awarded to the undersigned Contractor,
(hereinafter referred to as the "Contractor'), an agreement for the work described as follows:
AIRPORT ENVIRONMENTAL BORING AND DRILLING
CITY PROJECT NO. 19-32
(hereinafter referred to as the"Public Work"); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain
Agreement(Construction Contract)for the said Public Work awarded to the Contractor and approved by
the City for the Project hereinabove named, (hereinafter referred to as the "Contract"), which Contract is
incorporated herein by this reference•, and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant
to Section 9550 of the California Civil Code.
NOW, THEREFORE,we, the undersigned Contractor, as Principal, and:
Nationwide Mutual Insurance Company a corporation
organized and existing under the laws of the State of Ohio , and duly authorized to transact
business under the laws of the State of California, as Surety, are held and firmly bound unto the City, and
to any and all persons, companies, or corporations entitled to file stop payment notices under Section
9100 of the California Civil Code, in the sum of
One Hundred Forty Two Thousand Four Hundred Dollars ($ 142,400 ),
said sum being not less than 100 percent of the total amount payable by the City under the terms to the
said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors,
administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or
other supplies,implements,machinery,or power used in, upon,for,or about the performance of the Public
Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills
or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with
respect to such work or labor, or for any amounts required to be deducted,withheld, and paid over to the
Employment Development Department from the wages of employees of paid Contractor and his
Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such
work and labor as required by the provisions of Sections 9550 through 9560 of the Civil Code, the Surety
or Sureties hereon will pay for the same in an amount not exceeding the sum specked in this bond,
otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that
this bond will inure to the benefit of any and all persons, companies, and corporations entitled to serve
stop payment notices under Section 9100 of the Civil Code, so as to give a right of action to them or their
assigns in any suit brought upon this bond.
AIRPORT ENVIRONMENTAL BORING AND DRILLING PAYMENT BOND
CITY PROJECT NO.19.32 AGREEMENTAND BONDS-PAGE 12
JANUARY 2020 "
( S
PAYMENT BOND—PUBLIC WORKS
(CONTINUED)
The Surety,for value received, hereby stipulates and agrees that no change,extension of time,alteration,
or additions to the terms of the said Contract or to the work to be performed thereunder or the
Specifications accompanying the same shall in any way affect its obligations 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 or to the work or to the Specifications.
No final settlement between the City and the Contractor hereunder shall abridge the right of any
beneficiary hereunder, whose claim may be unsatisfied.
Contractor and Surety, an admitted surety insurer, further agree that if the City or any entity or person
entitled to file stop payment notices is required to engage the services of an attorney in connection with
the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or
without suit, in addition to the above sum.
SIGNED AND SEALED, this 3rd day of April 2020.
CONTRACTOR: Yellow Jacket Drilling Services,LLC
Check one:_individual,_partnership,_corporation X limited liability company
(This Payment Bond must be signed by representatives and/or officers having appropriate authority to
bind the Contractor and Surety to the terms of the Payment Bond.)
EXECUTED FOR THE CONTRACTOR: EXECUTED FOR THE SURETY:
By: By
r;
signature, ' signature
(NOTARIZED) (NOTARIZED)
Print Name and-Title: Print Name and Title:
Richard LeBlanc,Principal Managing Member Joseph Rosales,Attorney-in-fact
By:
signature
(NOTARIZED)
Print Name and Title:
..'rz
AIRPORT ENVIRONMENTAL BORING AND DRILLING PAYMENT BOND
CITY PROJECT NO.10-32 AGREEMENT AND BONDS-PAGE 13
JANUARY 2020
� S
PAYMENT BOND—PUBLIC WORKS
(CONTINUED)
The rate of premium on this bond is $ 25.00 per thousand on 1st$100,000 &$15.00 per
thousand on next$400,000.
The total amount of premium charged: $ 3,136.00
(The above must be filled in by corporate surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from
the California Insurance Commissioner authorizing them to write surety insurance defined in
Section 105 of the California Insurance Code, and if the work or project is financed, in whole or
in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department's most
current list (Circular 570 as amended). THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) Nationwide Mutual Insurance Company
1100 Locust St
Des Moines,IA 50391
(Name and Address of Agent or Hill&Usher Insurance
Representative for service of
process in California if 3033 N 44th St.,Ste.300
different from above)
Phoenix,AZ 85018
(Telephone Number of Surety and 866-387-0457
Agent or Representative for
service of process in California) 602-956-4220
AIRPORT ENVIRONMENTAL BORING AND DRILLING
CITY PROJECT NO.19-32 PAYMENT BOND
JANUARY 2020 AGREEMENT AND BONDS-PAGE 14
f y
STATE OF ARIZONA )
ss.
COUNTY OF MARICOPA )
On this j4 day of i in the year 2020,before me, Brian Baker a
Notary Public in and for said state,personally appeared Joseph Rosales ,known to me to
be the person whose name is subscribed to the within instrument as the Attomey-In-Fact of the
(Surety)acknowledged to me that he subscribed the name of the Nationwide Mutual Insurance company
(Surety)thereto and his own name as Attomey-In-Fact.
BRIAN BAKER
NOTARY PUBl1C•ARQONA (� �
MARICOPACOUNTY I!iJnXll./
COMMISSION d 551SS2
MYCOMMISSION EXPIRES Notary Public in and for said State
SEPTEMSER 17,2=
(SEAL)
Commission expires: September 17,2022
NOTE:A copy of the Power-of-Attorney to local representatives of the bonding company must
be attached hereto.
BID BOND
-2-
r ;
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company,an Ohio corporation
hereinafter referred to severally as the"Company"and collectively as'the Companies'does hereby make,constitute and appoint:
RICHARD B. USHER, TAYLOR B. USHER, JOSEPH ROSALES
each in their individual capacity,its We and lawful attorney-In-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and
undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of
UNLIMITED
and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts
of said Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authodty of the following resolution duly adopted by the board of directors of the Company:
'RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attomeysin-fact of the Company,
and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings,
recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other
writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or
authority;provided•however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any
of said documents on behalf of the Company.'
'RESOLVED FURTHER,that such attomeys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the
Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided.however,that
said seal shall not be necessary for the validity of any such documents'
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all
approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of
the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or
stamped on any approved document,contract,instrument,or other papers of the Company.
IN WITNESS WHEREOF,the Company has caused this instrument
to be sealed and duly aaftested by the signature of its officer the 2F day of February,2019.
d *
Antonio C.Albanese,Vice President of Nationwide Mutual Insurance Company
��\,' ACKNOWLEDGMENT
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STATE OF NEW YORK.COUNTY OF NEW YORK:ss
On this 27"day of February.2019.before me came the above-named officer for the Company
o a.;SEAL;, aforesaid,to me personalty known to be the officer described in and who executed the preceding
' ` E""'°`• instrument,and he acknowledged the execution of the same,and being by me duly swom,deposes
1� ==� and says,that he is the officer of the Company aforesaid,that the seal affixed hereto is the
corporate seal of said Company,and the said corporate seal and his signature were duly affixed
and subscribed to said instrument by the authority and direction of said Company.
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CERTIFICATE
L Laura B.Guy,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued
by the Company;that the resolution included therein is a We and cored transcript from the minutes of the meetings of the boards of directors and the same has
not been revoked or amended in any manner,that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected
officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board
of directors;and the foregoing power of attorney is still in full force and effect.
IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of said Company this 3rd day of
April 2020
aA4,w 13- �-
BDJ 1(02-19)00 Assistant Secretary
STATE OF Arizona 1
COUNTYOF Maricopa J
On 04-09-2 220 before me, JoAnne Sites
(here insert name of notary)
personally appeared Richard LeBlanc
(name(s)of Signer(s))
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)islare
subscribed to the within instrument and admowledged to me that helshe/they executed the same in his/hedtheirauthorized
capadly(les),and that by hisihedtheir signatures)on the instrument the person(s), or the entity upon behalf of which the
person(s)acted,executed the instrument
WITNESS my hand and official seal.
JO ANNE SITES
Notary Public•Stale of Arizona
Signature (SEAL) Z PINALCOUNTY
My commission Expires
nne Sites c March 23,2 2 T
This area for Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
nTLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER'IS REPRESENTING:
NAME OF PERSON(S)OR ENTRY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
ID-1232(BOL)(REV.5109) ALL-PURPOSE ACKNOWLEDGEMENT