HomeMy WebLinkAboutA8492 - BARKSHIRE LASER LEVELING, INCRecording Requested By:
City of Palm Springs
When Recorded Mail To:
Name Anthony J. Mejia, City Clerk
Street
Address 3200 E. Tahquitz Canyon Way
City 8 State Palm Springs, CA 92262
NOTICE IS HEREBY GIVEN THAT:
07/08/2020 04:03 PM Fee: $ 0.00
Page 1 of 2
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
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:
Barkshire Laser Leveling, Inc. PO Box 986, San Juan Capistrano, CA 92693-0986
4. This notice is given for (check one):
0 Completion of the work of improvement as a whole.
0 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 26th day of March 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 19-35, laser Leveling of Ballfields
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:
8 softball fields in Demuth Park
9. The street address of said property is:
4200 E. Mesquite Ave, Palm Springs, CA 92264
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 of Califor t t foregoing is true and correct.
Date: By:
Signature of Owner or Owner's Authorized Agent
Marcus Fuller, Assistant City Manager/City Engineer
City of Palm Springs
Page 1 of 2
*2%
VERIFICATION
1, Marcus Fuller , state: I am the Assistant City Manager/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 I ug ?DZ& (date), at Palm Springs (city), CA (State).
Signature o Owner or Owner's Authorized Agent
Marcus Fuller, Assistant City Manager/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 MAIER
Notary Public - California
Z a
San Luis Obispo CountyiZCommission # 2165677
MY Comm. Ex Tres Sep 24, 2020
STATE OF CALIFO NIA n
COUNTY OF��CISti,
On k vfv, 3 v , 0.4-02-0 (date), before
me, 1-, F.
eA , Notary Public (name and title of
officer) personally appeared-lf— 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 se .
Page 2 of 2 Signature
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this A day of 6� , 20Lo, by and between
the City of Palm Springs, a chart 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 Barkshire Laser Leveling, Inc., 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:
LASER LEVELING OF BALLFIELDS
CITY PROJECT NO. 19-35
The Work comprises the surveying of eight(8) existing ballfields, in the City of Palm Springs, ,.
using laser controlled machinery to level infield and turf for proper drainage. Infield
preparations will include using a tractor to rip, till and mix with an approved fired clay infield
mix, raising or lowering of existing base anchors, and leveling of existing batters and
catchers boxes. Turf preparation will include mowing down to a minimum of% inch, use of
renothatcher for dethatching and topdressing, use of laser controlled machinery to find high
points and establish topography of each field, lip removal and topdressing material to be
spread onto the outfields.
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.
LASER LEVELING OF BALLFIELDS AGREEMENT FORM
CITY PROJECT NO. 19-35 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 Fifty Two Thousand Nine Hundred Dollars ($52.900).
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.
LASER LEVELING OF BALLFIELDS AGREEMENT FORM
CITY PROJECT NO.19-35 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 asset 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,
attor_ney'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,
indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free
LASER LEVELING OF BALLFIELDS AGREEMENT FORM
CITY PROJECT NO.19-35 - PAGE 3
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 shalt 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 affect 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
LASER LEVELING OF BALLFIELDS AGREEMENT FORM
CITY PROJECT NO.19-35 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
2-13-20
By
David H. Read
City Manager Agreement No.
ATTEST:
APPROVED BY Cr COUNCIL
By -A A&�
Anthony ejia,
Ci
APPROVED AS TO FORM:
By
Affrey S. Wallinger,
City Attorney
RECOMMENDED•
Marcus L. Fuller, P.E., P.L.S.
Assistant City Manager/City Engineer
LASER LEVELING OF BALLFIELDS AGREEMENT FORM
CiTY'PROJECT NO.1935 PAGE 5
CONTRACTOR
By:
Barkshire Laser Leveling, Inc.
R / any Name
Y.B . S.^/ E y �—L
Signatu (no • Signature, (notarized)
Name:Bill Berkshire Name: Betty M Mallory
Title:President Title:VP/Secretary
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 harms of the Agreement.) terms of the Agreement.)
State of o State of
County of n ss County of 'so
On -1-4 DLs+Yf 7b\aKC On 3 0
before me, : � o o r before me, % (Z
personally appeared?,0N appeared L? AO
who proved to me on the basis of satisfactory who proved to me on the sis of satisfactoryv
evidence to be the personN whose name(s)is/af4 evidence to be the personKwhose names)isles
subscribed to the within instrument and subscribed to the within instrument and
acknowledged to me that he/she"executed the acknowledged to me thatiae/she/they.executed the
same in his/haFAheira authorized capacity(iss); and same in4"IherAhei[authorized capacity(ies), and
that by his/hefRtaeir signatures(&, on the instrument that by Mis/her/9%ir 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. persor4fsj 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 haA,aofffilAciaea WITNESS and and fficial s I.
Notary Sign e Notary Signatu •
Notary Seal: Notary Seal:
MIKE LEE m IKEIKE LE� m
m
eCOMM ..2165"NI0=0MM21W92
. nM..,2965192 pNOTARY PUW IGCALIFORA 1 PUBLIGCALIFORNIA mORANGECOUMIANGEcoUNfY WaMy Term ExP•Ocraber t7,2020 E><p.October 17,2020
LASER LEVELING OF BALLFILLDS AGREEMENT FORM
CITY PROJECT NO.19-M PAGES
Premium will be adjusted
Bond No.:CE 1215111 00183 based on final contract price
Premium:$1,587.00
PERFORMANCE BOND—PUBLIC WORKS
KNOW ALL MEN BY THESE PRESENTS,
WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of
Riverside, California, as Obligee, (hereinafter referred to as the "City7, has awarded to the
undersigned Contractor, (hereinafter referred to as the "Contractor"), an agreement for the work
described as follows:
LASER LEVELING OF BALLFIELDS
CITY PROJECT NO. 19-35
(hereinafter referred.to as the"Public Work"); and
WHEREAS,the work to be performed by the Contractor is more particularly set forth in that certain
Agreement (Construction Contract) for the said Public Work awarded,to the Contractor and
approved by the City for the Project hereinabove named,(hereinafter referred to as,the"ContracYj,
which Contract is incorporated herein by this reference; and
WHEREAS,the Contractor is required by said Contract to perform the terms thereof,and to provide
a bond both for the performance and guaranty thereof.
NOW,THEREFORE,we,the undersigned Contractor, as Principal, and:
Philadelphia Indemnity Insurance Company
a corporation organized and existing under the laws of the State of Pennsylvania , and duly
authorized to transact business under the laws of the State of California, as Surety, are held and
firmly bound unto the City in the sum of Fifty two thousand nine hundred and 00/100ths
Dollars ($ 52,900.00 ), 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 become null and void; otherwise it shall be and remain in full force and effect.
The said Surety,forvalue 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.
LASER LEVELING OF'BALLFIELDS PERFORMANCE BOND
CITY PROJECT NO.19.35 AGREEMENT AND BONDS-PAGE 8
DECEMBER 2019
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 24th day of February , Zp20,
CONTRACTOR: Barkshire Laser Leveling,Inc.
Check one:_individual,_partnership, X corporation
(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: Barks ' Laser eveling,Inc. SURETY: Philadelphia Indemnity Insurance Company
By: �By Q
-
signature signature
(NOTARIZED) (NOTARIZED)
Print Name and Titlle:/ Print Name and Title:
Cyndi Beilman,Attorney-in-Fact
B y:z&
signature
(NOTARIZED)
Print Name and Title: s ATTrl.r H F
�.I7C
G � 1 �...��, 6-,< <�L Cyr q.E.(rl, .
„f id'ed tJe`1 LI~t l le IUPI; r_
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.
LASER LEVELING OF BALLFIELDS PERFORMANCE BOND
CITY PROJECT NO.19-35 AGREEMENT AND BONDS-PAGE 9
DECEMBER 2019
5
CALIFORNIA ALL- PURPOSE
OSE
II CERTIFICATE OF 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 0/I.F04 C }
On WW 2 ?p7,,� before me, �f PAGsfs lOdr�lG NOrA/�y PdSU,G
( ere Insert name antl Glle ul ate a icer
personally appeared ydiLLIAm' QA2KSla1►Zv /I v,/ ZEm/ M- A,*UZ L&l
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
Ihe/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.
I
NICOLAS LOVRIC it
WITNESS my hand and official seal. U ) COMM.#=2582 60
ORANGE COUNTY
x My Comm.Expires Sept 25,2021 �
Notary Public Signature. (Notary Public Seal)
INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL
_ rhu forum eamphee ndth current California smnoes regarding notary wording and.
DESCRIPTION OF THE ATTACHED DOCUMENT fneeded:'should hceompleted and attached to the document.Acknowledgments
from other-states mat,he conildcled.1h,dnetantents heing:sew to that stale so long
as the warding does nor.,equire the Califrn Wa nomry to violate Ctalifornia nota'y
p!e�,lrce fray))- P"mwc. haw.
(Title or description of attached document) WOIZ kS , Some and County infornation must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
Date of notarization must be the date that die signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
• The artery public must print his or her name as it appears within his or her
Number of Pages_Document Date commission followed by a contain and then your title(notary public).
• Print the nante(s) of document signer(s) who personally appear at tits time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect fauns(i.e.
❑ Individual (s) he/sheAkey-is late)or circling the correct linters.Failure to correctly indicate this
information may lead to rejection ofdocument recording.
❑ Corporate Officer a The notary, seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
(Title) sul'licicnt area permits,mhcrwisc complete a different acknowledgment form.
j ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) _ acknowledgment is not misused or attached to a different document.
Other indicate title or type of attached document,number of pages and date.
❑ Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer}indicate tire title(i.e.CIAO,CFO,Secretary).
20t5 Versirin^her'v.Nol ryGl ssoq',cco,1GGSi3 3risL4 a Securely uuach this document to thesigned document with a staple.
PERFORMANCE BOND—PUBLIC WORKS
(CONTINUED)
The rate of premium on this bond is$ 30.00 per thousand.
The total amount of premium charged: $ 1,587.00
(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) Philadelphia Indemnity Insurance Company
2601 Market Place,Ste.300,Harrisburg,PA 17110
(Name and Address of Agent or Surety Associates of Southem California
Representative for service of
process in California if 5360 Jackson Drive,#208,La Mesa,CA 91942
different from above)
(Telephone Number of Surety and 717-540-2837(surety)
Agent or Representative for
service of process in California) 619-Sol-1899(agent)
LASER LEVELING OF BALLFIELDS PERFORMANCE BOND
CITY PROJECT NO.19-35 AGREEMENT AND BONDS-PAGE 10
DECEMBER2019
PERFORMANCE BOND—PUBLIC WORKS
(CONTINUED)
ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verges 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 San Diego
On February 24,2020 before me, Pam Davis,Notary Public
Date Name,Title of Officer
personally appeared Cyndi Beilman
NAME(S)OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within
instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies),and that by
his/her/their signatures(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 identified herein,that the foregoing paragraph is true and
correct.
Witnessm hand and official seal.
1X.v..v'MAMMMMMMryyyyyryyyyAl..
PAM DAVIS�
COMM.#2165394 m
NOTARYPUBLIC•CALIFORNIA El
Signature of Notary w SAN DIEGO COUNTY
..b'A Commission Expires Oct.20,2020
ATTENTION NOTARY: Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of
this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages_DATE of DOCUMENT
DESCRIBED AT RIGHT:
Signer(s)Other Than Named Above
LASER LEVELING OF BALLFIELDS PERFORMANCE BOND
CITY PROJECT NO.19-35 AGREEMENT AND BONDS-PAGE 11
DECEMBER 2019
2059
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza,Suite 100
Bala Cynwyd,PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint Cvndi Be'Iman Anne Wright and Dana Michaelis of Surety Associates of Southern
California Insurance Services.Its true and lawful Attorney-in-fact with full authority to execute on Its behalf bonds,undertakings,recognizances and other contracts
of Indemnity and writings obligatory in the nature thereof,Issued in the course of its business and to bind the Company thereby,in an amount not to exceed
$50,000,000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14"of November,2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company:(1)Appoint Attomey(s)in Fact and authorize the Attomey(s)in Fact to execute
on behalf of the Company bonds and undertakings, contracts of indemnity and other
writings obligatory in the nature thereof and to attach the seal of the Company thereto;and
(2)to remove,at any time,any such Attomey-in-Fact and revoke the authority given. And,
be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile,and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to
which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27ru DAY OF OCTOBER,2017.
p,µgp'1TY/q."^.,
_ P
(Seal)
Robert D.O'Leary Jr.,President&CEO
Philadelphia Indemnity Insurance Company
On this 27"day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly swom said that
he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the
Corporate seal of said Company;that the said Corporate Seat and his signature
/V(were
�duly affixed. �
NOiIAl40f.LL O (maQJ
�„ „•?,a,�o u"�•� Notary Public:.
M O,nM �ISI
residing at Bala Cvnwvd PA
(Notary Seat)
My commission expires: September 25,2021
I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of
Directors and the Power of Attorney issued pursuant thereto on the 27' day of October,2017 are true and correct and are still in full force and effect.1 do further certify
that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President
of PHILADELPHIA INDEMNITY INSURANCE COMPANY.
In Testimony.N'hereof I have subscribed my name and affixed the facsimile seal of each Company this 24th day of February 120 90_.
Zg2� E Edward Sayagq Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
p••tip„
M
b �
1?mium will be adjusted
Bond No.CE 115111 00or based on final contract price
Premium included in performance bond
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:
LASER LEVELING OF BALLFIELDS
CITY PROJECT NO. 19-35
(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:
Philadelphia Indemnity Insurance Company a corporation
organized and existing under the laws of the State of Pennsylvania , 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
Fifty two thousand nine hundred and 00/100ths Dollars ($ 52.900.00 ),
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 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 specified 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.
LASER LEVELING OF BALLFIELDS PAYMENT BOND
CITY PROJECT NO.1935 AGREEMENT AND BONDS-PAGE 12
DECEMBER 2019
Pr G
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 maybe 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 attorneys fees incurred, with or
without suit, in addition to the above sum.
SIGNED AND SEALED, this 24th day-of February 20 2Q
CONTRACTOR: Barkshire Laser Leveling,Inc.
Check one:_individual;_partnership, x corporation
(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: Bark shire ser ve g,In . By Philadelphia Indemnity Insurance Company
signatur signature ? �,
(NOTARIZED) (NOTARIZED)
Print Name and Title: Print Name and Title:
Cyndi Beilman,Attorney-in-Fact
signature
(NOTARIZED)
Print Name and Title. 1- p �j
e�++ 0 Ind �lArU V7�eGt�lc�
rr:F: ATT1�:CHED�j J-_ -ATTACHED
LASER LEVELING OF BALLFIELDS PAYMENT BOND
CITY PROJECT NO.19.35 AGREEMENT AND BONDS-PAGE 13
DECEMBER2019
r> �
j CALIFORNIA ALL- PURPOSE
I
CERTIFICATE OF ACKNOWLEDGMENT
i 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 OmAk }
On LOA 2 . ZO7o before me, 1U1[DLA-S COVIC NoTOAq nu4-fc-
(Here insert name aria laeo Tire r iocr
personally appeared wat,14e Tn7y M. Ms/ko�y,
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.
NICOLAS LOVRIG X
0 a
COMM.#2212582WITNESSm`y�'and an official seal. NOTARY PUBLIC-CALIFORNIA
rx ORANGE COUNTY
My Comm.( Expires Sept. 5,2021
Notary Public Signature (Notary Public Seal) ,
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
T1a form rmnplies with current Cnlilmnla,Rafates regarding notmy wording and.
DESCRIPTION OF THE ATTACHED DOCUMENT if needed..should be completed and anached to the docmnern.Acknowledgments
Ji'oil,other%fates rangy he cornplelcallor docoalcias being rent to that state so long
as the retailing does nol require[lie California lately to violate Cal Jm'nia notai v
P+Ve16k1r #t/012Kr law.
(Title or description of attached document) • State and County information must be the State and County where the document
! I signer(s)personally appeared before the notary public for acknowledgment.
Datc of notarization must be the dale that the signer(s)personally appeared which
(Tile or description of attached document continued) must also be[lie same date the acknowledgment is completed.
! • The notary public must print his or her name as it appears within his or her
Number of Pages_Document Date commission followed by a comma and then your title(notary public).
• Print the marvels) of document signer(s) who personally appear at the time of
inotarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms.by crossing off incorrect forms(i.e.
he/she/they,-is Aare)or circling the correct forms.Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer . The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-scat if a
(Title) sullicient area permits,otherwise complete different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact , Additional information is not required but could help to ensure this
p Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate
title or type of attached document,number of pages and date.
❑ Indicate the capacity claimed by the signer. If the claimed capacity is a
• corporate officer,indicate the title(i.e.CFO,CFO,Secretary).
2015 Meriion:^iwm.No:eryClesses.corn 80G-U3-98U5 Securely attach this document to the signed document with a staple.
PAYMENT BOND—PUBLIC WORKS
(CONTINUED)
The rate of premium on this bond is$ 30.00 per thousand.
The total amount of premium charged: $ $1,587.00
(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) Philadelphia Indemnity Insurance Company
2601 Market Place,Ste.300,Harrisburg,PA 17110
(Name and Address of Agent or Surety Associates of Southern Califomia
Representative for service of
process in California if 5360 Jackson Drive#208,La Mesa,CA 91942
different from above)
(Telephone Number of Surety and 717-540-2837(surety)
Agent or Representative for
service of process in California) 619-501-1899(agent)
LASER LEVELING OF BALLFIELDS PAYMENT BOND
CITY PROJECT NO.19.35 AGREEMENT AND BONDS-PAGE 14
DECEMBER2019
PAYMENT BOND—PUBLIC WORKS
(CONTINUED)
ALL-PURPOSE 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 San Diego
On February 24,2020 before me, Pam Davis,Notary Public
Date Name,Title of Officer
personally appeared Cvndi Beilman
NAME(S)OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by
his/her/their signatures(s) on the instrument the persan(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 identified herein,that the foregoing paragraph is true and
correct.
Witness, r hand and official seal.
VK wv��V
0comirL%lon
PAM DAVIS
COMM.#2165394NOTARY PUBLIC•CAUFORNIA
Signature of Notary w SAN DIEGO COUNTY Expires Oct 20,2020
ATTENTION NOTARY: Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of
this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages_DATE of DOCUMENT
DESCRIBED AT RIGHT:
Signer(s)Other Than Named Above
LASER LEVELING OF BALLFIELDS WARRANTY BOND'
CITY PROJECT NO.19-35 AGREEMENT AND BONDS-PAGE 15
DECEMBER2019
2060
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza,Suite 100
Bala Cynwyd,PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company(,a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint Cyndi Beilman,Anne Wright and Dana Michaelis of Surety Associates of Southern
California Insurance Services.Its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts
of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed
$50,000.00o.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the W of November,2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company:(1)Appoint Attomey(s)in Fact and authorize the Attomey(s)in Fact to execute
on behalf of the Company bonds and undertakings, contracts of indemnity and other
writings obligatory in the nature thereof and to attach the seal of the Company thereto;and
(2)to remove,at anytime,any such Attomey-in-Fact and revoke the authority given. And,
be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile,and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to
which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27"DAY OF OCTOBER,2017.
....QEunrriNw,
zsz� m
s� n
ti•.-.. ..;ate.`• 17;�.h-!l1-�-✓`';r
(Seal) 'w.. ...„1",.
Robert D.O'Leary Jr.,President&CEO
Philadelphia Indemnity Insurance Company
On this 27ih day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that
he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the
Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed.
HOiA11MtBVh r 11/ry,/r\/11.� ry%:11NjV)J
Notary Public:
NreomMssYwe.w. m.
residing at: Bala Cynwyd.PA
(Notary Seal)
My commission expires: September 25,2021
1,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the.foregoing resolution of the Board of
Directors and the Power of Attorney issued pursuant thereto on the 27"day of October,2017 are true and correct and are still in full force and effect.I do further certify
that Robert D..O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President
of PHILADELPHIA INDEMNITY INSURANCE COMPANY.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 24thday of February ,20 20!
4
it'_ 1927.7 m Edward Sayago,Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
v
BARJi'`>ll-��'[a1:�".` ti PO Box986 ESTIMATE
._ = CASERLEVELIIV.G:'..IIyC: ' San Juan Capistrano,CA92693-0986 DATE ESTIMATE...
(949)240-8779
(949)240-8769 fax 2/3/2020 3082
NAME/ADDRESS
City of Palm Springs Contractors License#757453 C27
Director of Parks&Recreation DIR 1000007321
ATTN:Cynthia Alvarado-Crawford
401 S PavilionWay
Palm Springs,CA 92264
P.O. NO. TERMS
Net 30
DESCRIPTION QTY COST 'TOTAL
Sportsfield Renovations 8 1,700.00 13,600.00
Laser level 8 skinned infields at Demuth Park for the City of Palm
Springs.A recommendation of 25 yards of Carona Clay Angels mix
per infield be brought in to assist with the leveling process.
Installation of 25 yards per field of stabilized infield mix brought in to 200 75.00 15.000.00
assist with the leveling process.
Renothatcher Operator/Equipment 1 2,600.00 2,500.00
Dethatching and lip removal on 8 fields at Demuth Park. Does not
include removal or disposal of material after renothatching:We can
topdress the material generated from renothatching onto the
outfields. Irrigation heads will need to be marked.Some of the fields
with larger lips you may want to remove heads so we can lower to
match new elevations.This does not include any irrigation work. �-
Rototilling infields prior to leveling at 8 fields at Demuth Park. 8 .1,700.00 13,600.00
Subcontractor will provide this service. If City elects to not rototill,
Barkshire will use standard practice of prepare by ripping only.
Adjust base anchors as needed to match laser leveled infields on 8 8 800.00 6.400.00
fields at Demuth Park.Subcontractor will provide this service.
Bond as per requirements of Contract. 1 1,800.00 1,800.00
All base pegs and irrigation fixtures must be marked. Not 0.00 0.00
responsible for damage to unmarked irrigation.
TOTAL
Phone# Fax# E-mail
949-240-8779 949-240-8769 info@bazkshireleveling.com www.bazkshireleveling.com
Page 1
A' al PO Box986 ESTIMATE
iFlq
--_^LAS.ER`CEY.ECIN.G; San Juan Capistrano, CA92693-0986 DATE ESTIMATE...
(949)240-8779
(949)240-8769 fax 2/3/2020 3082
NAME/ADDRESS
City of Palm Springs Contractors License#757453 C27_
Director of Parks&Recreation DIR 1000007321
ATTN:Cynthia Alvarado-Crawford
401 S PavilionWay
Palm Springs,CA 92264
P.O. NO. TERMS
Net 30
DESCRIPTION CITY COST TOTAL
The entire surface to be laser leveled will need to be watered heavily 0.00 0.00
prior to the project Proper moisture content is achieved when a knife
or screwdriver can be inserted easily to a depth of 2-3 inches. The
best procedure is to rough grade the infield and then bring in new
material to blend with the old.
The City will be responsible for access and directing material delivery
trucks onto fields.
Estimate includes all labor,equipment and mobilization fees. 0.00 0.00
Unless advised by customer,this project is bid at prevailing wage.
Please call with any questions regarding this estimate.
Sign below and fax back with approval and scheduling.
Signature
Date
TOTAL $62;900.00
Phone# Fax# E-mail
949-240-8779 949-240-8769 info@bazkA&cleveling.com www.bukshireleveling.com
Page 2