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Home My WebLink AboutC29490 - LMA2 (902-10) Contract No. C29490 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C29490 FOR LANDSCAPE MAINTENANCE AREA NO. 2 TO PINNACLE LANDSCAPE COMPANY, INC., OF SANTA ANA, CALIFORNIA, IN THE AMOUNT OF $79,596, AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT, NOT TO EXCEED 20°to OF THE CONTRACT AMOUNT OR $15,919 (PROJECT NO. 902-1 Q) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Pinnacle Landscape Company, Inc. 2200 S. Fairview Street Santa Ana, CA 92704 DATE: May 27, 2010 CONTENTS: Proposal Agreement Payment Bond Performance Bond Vicinity Map Recommendation By Minute Motion: 1. Award Contract No. C29490 for Landscape Maintenance Area No. 2 to Pinnacle Landscape Company, Inc., of Santa Ana, California, in the amount of$79,596; 2. Include repair work and services at the specified contract amount, not to exceed 20% of the contract amount or$15,919; and 3. Authorize the Mayor to execute the contract. Funds are available in the General Fund Account No. 110-4614-453-3370, Repair/Maintenance Medians. Contract No. C29490 Staff Report- Award Landscape Maintenance Area No. 2 May 27, 2010 Page 2 of 3 Backaround On April 21, 2010, the City Clerk advertised and called for bids for Landscape Maintenance Area No. 2. Bids were opened and read aloud on Friday, May 7, 2010, at 2:15 p.m. with the following results: Contractor Location Price 1 Pinnacle Landscape Santa Ana, CA $79,596 2 Kirkpatrick Landscaping Indio, CA $86,964 3 Merchants Landscape Palm Springs, CA $101,496 4 Sierra Landscape Co., Inc. Palm Desert, CA $110,808 5 Vintage Associates Indio, CA $116,400 Staff reviewed the bid documents of the lowest bidder, Pinnacle Landscape Company, and found that their references did not clearly indicate their experience with desert landscapes. Based on this review and the concerns members of the local landscape maintenance community expressed, a meeting including the City Manager, John Wohlmuth, the Director of Public Works, Mark Greenwood, P.E., the Landscape Manager, H. Spencer Knight, the Vice President of Operations of Pinnacle Landscape, David Lowe, and the Desert Account Manager, Rob Archer, was held. At the meeting, Pinnacle Landscape presented additional information regarding their desert landscape experience. As a result, staff determined that Pinnacle Landscape Company met the minimum contract requirements. Repair work and services covers unquantifiable activities necessary for landscape maintenance, which are not part of the landscape maintenance contract. This repair work and services includes, but is not limited to, repair and replacement of irrigation equipment; repair, maintenance and replacement of lighting equipment; emergency tree work; replacement of trees and shrubs; pest control; and accident and vandalism repair and replacement. Therefore, staff recommends that, by Minute Motion, award Contract No. C29490 for Landscape Maintenance Area No. 2 to Pinnacle Landscape Company, Inc., of Santa Ana, California, in the amount of $79,596, include extra work and services at the specified contract amount, not to exceed 20% of the contract amount or $15,919, and authorize the Mayor to execute the agreement. G:IPubWwkslStaNReports120101May 27109 Award Contract to Pinnacle P902-101Award C29490 to Pinnacle P902-10.doc Contract No. C29490 Staff Report- Award Landscape Maintenance Area No. 2 May 27, 2010 Page 3 of 3 Fiscal Analvsis This is an on-going maintenance activity with no fiscal impact beyond the contract amount. Prepared By: Depart ad: 1 H. pen� r ight Mark Green ood, P.E. LanClsca�e Manager Director of Public Works CiTY COUNCIL�A�TION AI'1'ROVED DF,NTED Paul S. Gibson, Finance Director IZECEIVt;D OTHER M[?[;TiNG DATE - d Appr��l: ��rS: ' 7 -�. ' NOI;S: , AI3�I%,;�1T: � - :C A I��TAIN: Jo n . Wohlmuth, City Manager ��'��tT�►�?[� t3v:_ � f�i-iginal on File with City rk's Office /bg G:IPubWorkslStaff Reports120101May 27109 Award Contract ro Pinrracle P902-101Award C29490[o K�kpatrick P902-10.doc i� �F �.�►S .. � ''� a., . �'�.�,. ��..�1 . � r�f i k�: r! 1 « :/ . `�.,�;,�.i--;ir City af Palm Desert Contract Documents and Speciflcations #or LANDSCAPE MAINTENANCE AREA 2 Project No. �2-10 Conb~a►ct No. C29490 APPRO�i/ED BY ,r � � - NARK ENWIJOD,P.E. DI�CTOR F PUBLIC 73-510 FRED WARIN�i DF�VE PAUN DESERT,CALIFORNIA 92260 aPRi� zo�o ti..►.�-�� I .U�li''� -�' � �..� N�� - �6 �.S � ��i✓ �/ --�--__. LANDSCAPE MAINTENANCE AREA t�0. 2 PROJECT NO.902-70,COI�ITRACT NO.C29490 CONTRACT+OR'S PROPOSAL TOTAL BID AMOUNT AND ATt'ESTATIOM OF B�DER TO: CITY CLERK City of Palm Desert 73510 FRED WARING DRIVE PALM DESERT,CA 9Z280 The undersigned dectares that he/she has care#uNy examined the Bid Tem�s and Condi�ons, the Ge�erai Tertns and Conditlons, and the Specific Temts and Conditions ac:oomparryirig the invltatbn to Bid; that t�elahe is thor�t�ghly famiiia�with the contents thereof. artd �authorized to t�epresent the bidding flnr� �d �opose servk:es to City of Palm Deaert. It is u�erstiood that the pric:e shown hereon indtbes aH �+nutine and seasonai mai�rtenance descrlbed in the specificatbns. For each item, the averaged one-rrar�h maintenance co� shaN be indicated and the total of these oosts shaN be exter�ded for the term of the�ct. ?tie costs of �y work siwwt� or requined in the Spedflce�ons, but not speciflcaily id�if`�ed as s Pay item are induded in the Pay items, and ra addiHonai compensation sha�be due Contracto�by virtue of C.orrtractot's c�mpliance with the Speclflcatbns. TOTAL ANNUAt AMOUNT 6ASE BID IN FIGURES;�� S 9G� �v TOTAL ANNUAL AMOUNT BASE BID IN WORDS S f V E N T�,J1�N E "I�0�SA �� . '� N,, � � r-:� r"� � l �0 L �A �.5 �� NA� r� � �N � A �� AN � company i�J 3�� r,�1wf� � !rl svi�,. �-S� , adaress c�l�� tj 73� �SLL- r'l�y � �3�-1-1�(12-- Tel�hone ' Fax ,,_.' - � � (�b�.� l Yb�� t�S,1'�X SS /!,��'P�.B�'t'��- 8id P�e�ed 8y �, Tide �--, �. - 5 -- ID s uate �� CONTRACTOR'S PRI�POSAI CONTINUED ON NEXT PA�3E LAt�8CAPE MAIHRENANCE AREA NO.2 PROJECT NC�.902-10.CONTRACT AiO.C28490 coan�►cror�s�toPosa� CONTiiAiCTOR'8 PR01�O�AL BY BD LOCATfON ITEAA DESCRIPTION PR�E PRICE �� u�u �. A�ey Ave�e rr�d�ar�s and p�er a��IOO a �a ,G� 2. Frea wari�oriv�e media�ns ana parkway $ 3. $ !Y �, 3. Town Cenbe�'Way tnedia� S �00, D 0 s �yQ � 00 4. Ca�ic Street mediaris �lo0d� 04 � 7a00, GY� s. hlov�ey I.ar�e East medians $ /000�QD S 1� U v Q'� 6. Porbola Av�enue medien and parkMra�y $ /�► Q(� ; f�,dQ► 0 C� �. via cmta med�n ��ad, 0 4 $ 2 yo v s. �.,��,��y s �oo� oo a 2 0 , 9. Eldorado Drt�e medlen �50�, p Cj S 10. Washlr�on Stnee�t medians S i . �00, 00 Qd, pO ��. 74833 Jani Drhre(old Corpor�tiort Yardj s ��o►oo = 0 , 6 O 12. Co�oration Yard a /�0,0 D ; (� 13. Magnesia Fal�Driv�e medi�s�d parkvvay � ; 350, 00 , 14. 5an Pabio Avenue medians S 2 pa,�� :�. ' 15. Town Cenber Wey Fins Ste�on S S 200� DO 2c1� � 16. Porbola Fire S�tion t $ 2ao•�o � , 6 D Tora.c�rn�n�o��r.) s s. b 3oa � sy�.�o �9 LANDSCAPE MAMlTENANCE AREA NO.2 PROJECT NO.902-10,CON7RACT NO.C28480 CONTRACTOR'S PROPOSAL EXTRA WORK PRICIN�3 SCHEDULE LA60R Additlonai Laborer s ��l�� Additlonal lnige�or t '�5�cX� �hour Additbnaf S�ervisor S U s . �v �hour IRRIGA710N PARTS wiil be paid at a 15�116 mark-up. PLANT MATERIAL t�PLACEA�NT lMless atherwise desaibed, repk�Oement pteM ma�eriai wilt be whatever �is normel snd a�amary fix Uts C8y of Pa�m Dese�t. 1-Gallon Shrub Insta�ed $ �� bC� 5-Gatto�shn,b t�stalied S 2�,� � 15-GBN�Shrub t�talled $ �� . O t� 15-Gaibn Tree Ins�elied` g g d � Ot> 24'-8ox Tree Instalied' � 2-S U � O u 30'-Box Tree Instalied" $ ?S� , 4� 9s•-eox Tree�nstaaed' s � 6 a, D O Nob:Anytl�p c�x 36"box sf�e wNl ba paid at ttM conb�adwl hourt�l rab ior t�bor,and r�at oost pN�s s 15%nwrk-up. •Int�udes ttte foibwing:�gging of hde.setting of tree� b�dcf�Nn9,��9-��9(� needed).and secu►ing witlt cinch ties TURF MAINTENANCE A�'stlo11,M9CFi811iCal COre l.sbor do Equlpmerit S r b�o oer 1,000�q fl Aie181ja1�D66P 1j118 L.ebM 8t EQUipR19M � +'d S �1��00 Sq� Hybrid 8ermude(sod oNY).ir�aqed � 3 � �U oer sq ft Overseeding (seed applic�alFon onty): l�or 8 Equipment S , o� uer 1,Q00�q R Mowin�: Labor S Equipment � � �7i oer 1,000�q R P►t Gt��s�saetion.adc�tionet walc may be pefd tor usirp the oontrect�l hanly rste for�bor. a�materiels�oost p�s a 1596 maiic-�. Page 10 u�roscr►�Maart�w�cE a�o►No.s coNn�►cr No.c�o,�Ecr no.�o�-�o corr�acTor�s P�a. WORK EXPERIENCE AND TECHNICAL ABILITY OF 71�IE BIDDER Thls prnJect is bcated in a desert with extreme emrir�nnmentai conditbns. Desert plant ma�erial is tl�ore very speaa�ed� nature. in add�ion,the Ci1y of Pakn Desert has adopfied nafival�tic piruning methods that mu�st be foibw�ed by its I�dscape mairiteruartoe cwnh�c6ors. To be cansidered queitAed �o pertorm th� oa�t�act, oontrac�rs must have adequate experient�e pertorm�g a wide range of landscape m�iMenance activities that irx�ude the c�e of desert and desert-adapted pia� materials. Sudi leveis of experiertce and ski� are typfc;aNy gained by pertonni� oontraduai (12-morrth minkrxxn) lar�dst;ape ma�tenanca for a pubtic agency, for 3 of the iast 5 years, amd perfam�ed M �reas adjacent to stneets and parkways. The bidder is required to state aU vw�1c of a similar character to the wodc desa�ibed in the proposed c�o�ract� that he has perfom�ed � the last three years. In the spaoe bebw, prcvide refer+ences with a oontad person, address. and phone rwmber for rre�ification of s�d wo�1c. 6idders may att�ch additbnai pages ta provide the iMaRnatbn requMed by this portbn of the proposal� if necessary. REFERENCES Contract Compietion AmOuitt Class of Wak Date _ CoMaet Pe�son i $ �1tk1U �.1N��N�� C v[P�h+r ��GY1�A��wn�e J2.a.. S��t v� euwkss�arne a��5 AP�o� /� �.� ��'re d � `�y�'3,�ry-� � � ��. 2 S 3 5�,��,� �1t N�n1.At.K_�___. �v 2�G-rs�" �tvDl� FAS!��o.� �41�� 5vE �IErUNDG� �ssw� 8a-aa� ►J v�y �r� �a� ��3�ra- ��.� � 3 s a so,�� Nva,�t�A��g C,�rr�,� I��w�ae�� N��e.Q�s � �� 'L. A� JRA f`1°i,�. 6ntin�sill�rt �r� � jJ.� j'��/yt:;�J A'�1 t�, AddRss 1��{� ��—�..��.5.—_ Pha�e Page 11 County of 0►ange B�d 405 6l 1(90 � � Counry of Orailge,OC Comn�unfly Resources/OC Parks BID:405-611190 La►rdscape Mciateriance Service at Carbon Canyon Regional Park COMPANY PROFILE& REFERENCES References Submit the company names,addresses,telephone numbers,contact names,and brief contract descriptions of at least three clients for whom work was provided for on projects of similar size and scope. Company Name� City oJLaguna Nigirel Telephone Number: (949)362 4349 Contact Name:Jerry Sollom _ �___ J __ _, _ _ Address:17791 La Pa; Road,Laguna Niguel, CA 92677 Brief Contract Description:Northern Neighborhood Purks for tiie City of Lagun�Nigiir!—Park orainteirance,tirrf managernent,irrigadon niasagement,integrated pest control,jaciliry maintenance,to�- lots,slope mai�:tenance,Fu!!Service Caitract Company Name: Ciry ojOrange Telephone Number: (714) 744 5596 Contact Name:Hox+ard Morris or Dave Stratton Address:300 E Cl:apnian Ave�rue,Orange, CA 92866 Brief Contract Description: Various Locations jor tfie City of Orange—Public Area a�rd Park n�aintenance, turjmanagen:ent,irrigation managesteut,integrnted pest control,facility mainte�rance,slope maintenance, Fu!/Service Contract Company Name: Be!Air Crest HOA Telephone Number: (31 D)4713755 Contact Name:Rick Cole Address: 11701 Be!Air Crest Road,Los Angeles,CA 90077 � v Brief Cantract Description:High-e�rd HomeOwners Associntion,Con�nion Area:�ttaintenance,Negkborhood Porks,Facilities, Clubhouse, Turf Management,Irri�ation Manage►nent,Integrated Pest Control, Tree Services,S/ope malntenance,Londscape Renovations,Fu!/Service Contract Co�rnty oj'Orange Page 11 of 24 FF 611190 Apr 20,2010 6:46'23 AM PDT p.13 . _ , , . . . - tit. . ,: t::;. , _ „� . , �',. . i _ .. n��s�exr aFp�ssicm�xECU�.anon � �� c�arst�G�x�c+r�o.pltocR.�.� � t _,.:.� . -. . �f.:i 1 �..�.� QOALff18D APPISCATOl,t LtC�'�E . �,...C DAIY OF LS4U5 �'ALID THRQUGH , i2i�li�oa8 • 2��ii2ao9 � � @AL 36814 8C RtCHARD a fAOLFiRTH ; _ 6�30 DOROTHEA 80AD � � � � u4RDA I�CtRHTS CS 9063� � a �i1��c��t.i g Y��+V�k�. __- _ __-.�_-_ : - � . j �u�.�c. �n,. . � t , Z or o _ „ r u►�E' . � � �' . �� ►� �ca�� _ LANDSCAPE MAINTENANCE AREA NO.2 PROJECT AIO.902-10,CONTRACT N4.C29490 CONTRACTOR'S PROPOSAL FlNANCIAL STANDINQ OF THE B�DER The City CouncN of the City of Pah�n Desert �the ci�t fiu rejec:t bids irom fMns that do not demonstrete adequabe �na�dai stand�g �o execube the terms of the oo�t�ad. �e fio the bcatbn, size/extent and mairitenance requireme�s of the matnte�ance area, bidder is required �o state how it wfN provide the necessary maintenance anci servic:es m tne spectlications. state tne es�ma�ed manpo�r� your c�mpanr w�� use each week fi�fuHiN the aontraCt. Inc�ude st�erv�sion� irrig�ion and ge�e�al labor sub- cafiego�ies. ��£ v l� �cJl�`�cmG � S �ays P�•� t��t) �PQ � 6.;S��-� �E�r� � ia2, �a;��,� lii� �xs Ati � � ��s�s . �<<�yn� l ��vAG �� I� �n� p� l•vcEG ('e�.w G�%� f�� rN�'J .�1-T' � �'�'G�-f�/ `� '�1� S„�.l1 l�� )�x'i��v,.ir/�� n-c-t�� L .� '.. A financial stafiement or other infoRnatlon and references suftidently c�mpnehensiv�e to permit an appraisal of your currerrt fin�dal oonditlon may also be required by CITY. Page 12 LAND�APE MAINTENANCE AREA NQ.2 PROJECT NO.902•10,CONTRACT NO.C28490 CONTRACTOR'S PROPOSAL BIDDER INFORMATION The bidde�'is required to supply the foilow�ng ktfomtatbn.Additional sheets may be attached if necessary. c�� Pny�iaaere� .3��00 ��w�� 2 Svik ��o rA�w.�s.�� cA 92z�� (2) MaiUng Address 2?..c)t� S .�A�[.v< < �.s � �-(�/a A r 1� �R 9Z� ac� (3) Telephone No. ��'�f 73 '"552.� (4) 'TYpe of Finn(indivWual. Partrierst�p or Corporatbn) ��..-P, (5) Corporadon organized w�der the laws of tt�e State ofi '�v (8) Cont�ctor's Lic�'tse No. �d 3 r�7 t() �p. Date`f�'>o-20� (7) Ust tl�e names and addresses of ab OWNERs of the flRn or names and tltles of ail officers of the corporatbn: G A��_� (_'� �-�s,�� -n �c� — ca, �,�o�,��e�a co�m� y�--y�A�� (9) Nurr�ber of years experienoe with rrwnidQal landscape mak�tenance t,orrtrads ?�� - \�F A QS (10) I.S.A.Certifified Arbo�t t�,�mber�'"3�56A Exp. Date �-3�-2�1I (11) N�nber af ISA Certifled Tree Workers wt#h the orgartizatbn �`� (12) LocslO(flc:e ndd�ss: 3ylao �AT�-way c�cL `S� I� I�d lA�-►� ��s�� rp y2Z !I Pnone: �1roc� � y 13—S Szc_ (13) Emergency Corrtact Persat Name: 1'�� -1,��.- PI,oAe: �.t��--- �{7� �.�.� r Page �3 (14) List the names and addressss o� each st�oonfi'at�or who wilii pe�form work related to this contract and indkate what po�tion of the w�i1c wNl be done by each subcontr�. (If rrwt�e f!'rert one subconbrac�. please chec�t the box bebw and list aN subc:ontrat:tots on a seperate sheet.) ❑ See Subco�ntrac�r Ltst on Separat+�Sheet subcor�ractors Nan,e: License Number: l4ddress: Teiephone: Woric to be perfom�ed: (15) List the n�e of the person who ins�p�t�ed the site of the proposed w�ork for your firm ��LvV'��¢-� (1 �t c�t�� (16) This bid was prepared by: Name(print) �� 2n.�(,��-� Signature �Q----' Telephone '?co o--�-i��—5 S2� (17) Contacc:t person: �h�— R-� T��j '� �,�,-�-/'I3 '"� 5 Z Cont�actor hereby swears under penalty of perjury that the�ormatlon provided is true and c�mect. By. Title: � , _ ` ��.��--- Si�ature Contractor Pege t4 LANDSCAPE MAINTENANCE AREA NO.2 PROJECT NO.90210,CONTRACT NO.C29490 CONTRACTOR'S PROP08AL AFFIDAVIT OF NON-COLLU3ION TO BL EXEC[JTED BY BIDDER AND SUBMiTTED W1TH BID 3TATE OF CALIFORNIA) ) SS COUNTY OF RiVERS1DE) 7 ��r.,baing first duly aworn,deposes end says that he/�e ia of the pecty maldng t�foregoing 6id;that the bid is not madc in the intcrest of, ar on beh� any uudisclosod Pa�son, partnershiP, c�mpany, association, organizadon, or corporation; that tbe bid is genuine and neidier colluaivc nor s3�sm; that tlu biddes has not direcNy or ind'mectly induced or soticitai any other bidder to put in a felae or shem bid and has not dirxxly or indirocdy colludod,conapired,counived,or agrad with aay bidder or anyone else ta put in a sham bid, ar that anyane shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agaeanent, +commwricatioq ar coaferanca with anyoae ta fix the bid price of the bidder or any ather 4ridder,or to fix eny overhe�d,profit, or a�st elemettt of the bid prico,or of�at of any other biddea�,or ta securo aay advaata�e against the public body awacding tbe oontract of anyone interested in the proposed cbnt�ct; that all stateanents contained in the bid are trae; and, finther, that the bidder has not, directly or indirectly, submitted his or her bid price, or any breakdown thereo� or the cantents thereof, or diwlgal inf tion or data relarive thar�o, or paid, and a+ill not pay, any fce to any �rP�'�� 'P� �P�Y� association, organizanon, bid dqx�itorY. or to eny manber or agmt effectuate a oollusive or sham bid. gy; � i eture(Cont�actor) Tit �nhactor) dnrat CertlBcate State of Califomia ) County of �ra-�,4� ) S 'bod and sworn t�(or affinned)b�fore me on ' day (��), .��QllL (r��,by_ �.� �� prov�ed me on the is of satis:f�ory evi ce to be the persor�who ap�e�rod be�ore me. Signahu�e of N (Seal of Notary) � �unu�.sr.�� P�ge 1S co�nd�Non�tes�ylo NW�ry PuMie•CNNomi� df811Qf ri0ltilly + Comm. ba Jun 16.2013 BOND� 20-SUR-206823 Premium: Included LANDSCAPE MAINTENANCE AREA NO.2 PROJECT NO.902-'!0,CONTRACT NO. C�9490 CONTRACTOR'S PROPOSAL BtD BOND KNOW ALL MEN BY THESE PRESENTS, Pinnacle Aoldings Group, Inc. That we� dba Pinnacle Landscape Company as Principal, a� American Safety Casualty Insurance Company � aS $Ui�2�t, are held and flrmly bound unto City of Palm Desert(Owner) in the sum of$ 8,24�.60 {10% of Principal's bid), to be paid to the said Owner or its certain attomey, its successors and assi8ns;for which payment, well and truly to be made,we bind oursetves, our heirs, executors and administrators, successors or assigns, join�y and severalty� flrmly by #hese presents. THE CONDITI�N OF THlS OBLIGATION IS SUCH, that if the certain proposal of the above bounden Principal to perfonn certain work descrlbed as follows: LANDSCAPE MAINTENANCE AREA 2: The general items of work to be done hereunder consist of, but are not limited to: tandscape, imgation, har�dscape, and hardscape maintenance and dated M�y >> 2010 is accepted by City of Palm Desert, and if the above bounden Principal Pinna�le Holdin�s Grouv, * shali duly enter into and execute a contract for such construction, and shali execute and deliver the Performance Bond and Payment Bond and insurance certiflcates as required by said contract� then this obligation shall become null and void; othervvise it shall be and remain in full force and effect. Shou� it become necessary for City to institute a lawsuit� or any other tegal proceeding to enforce the terms and oonditions of this bond, then afl costs of said proceeding, Inciuding attomey's fees, shall be awarded to the prevaiGng party. * Inc. dba Pinnacle Landscape Company (Remalnder of thls page has interrtTonady been lelt blank. S1grletwe Wodcs are ca�ttalrted on the next Pegel Page 19 IN WITNESS WHEREOF.We hereunto set our Hands and Seals thts sth day of_ May _20 1� ConVactor's Name: Pinnacl Holding roup, Inc. dba Pinnacle Landscape Company Contracto�s Signature: Title: v Address: 2200 South Fairview Drive, Santa Ana, CA 92704 Telephone: 714-4 34-7 4 7 2 Surety's Name: �►erican Safety Casualty Insuran ompany Surety's Slgnatur+e: � Tltl@: Anthony F. Angelicola, Attorney-in-Fact Add�eSS' 23901 Calabasas Road, Suite 1085, Calabasas, CA 913U2 Telephone: eis-s�i-ioso Pege 20 NtlAIBER �...�.sdR.� POWER OF ATTORNEY �-S"a-�23 ��Ti�reSS�n�,d.e Amar;a.��i�a�ce(�pry M�m.de.a�a a�a�poi�.qa b�r d�e wue�.aoet.�e. Anthony F.Angelicola ir u�s od lnrlW�poissy�n-Ac�far it aud ilf afae.PLm.ad flmd b�xaa�te oa bdolf ot We nid�.u mayi bouas.�kh8 a�d oo�ls of siqety�hip mbe�nm ALL QBLNIB�B, p►+oriaee mu.o ema ar wdera�ki�«ocm.a ar�ip eo�eomed a�aer tdis,mmodq�,L�u axeea t�awo�e me soa ot **ONE JNILLION DOLLARS(a1,04A,4a61.00)*« 'lii�Parar dAmmry it�aed�rd ts�ed aod�e.led br li�dm�s imea snd by tlk an�orhy of 16e floparH�Rao�ia.�Jap�ed by t�e 8are of Dbeaoa of d�e Caa�pa�7 ar�4e�Wb dryr af 9ap1ea6eS 7�3. 1t�oLVBD.�c me Prafdeu ia ao�edoo wj1Yb�Seercury or.or A�Seaauy ary�dat�Maeeeys-�f�t ar t�eas«uh�lority ar deC�d a�ed io h i�mt.via�od.g ie�oiu�e fa acb at�tar md on bedif d ax Oo�p�oX ro a�o�.na aegre..od tffiz me w�or Ih��y m boah,aodeeml9np, ��d wrr�h�aDH�doe d�II�ard a�id o�s�ap remore aqr moh at�amsy-in-fia a ap�wd�svake�nl P��f p�ionstY apaled ta ]�8�.11Ra�.th�t�s�r L'oed.md�erdldq.�eoo�timoe.or�abG�do��YQ bs n60 pd b�n`rpa 1�s Qoiep�ny: (�w6ea d�ped by 16s htaid�t ar apr�9oalredd�t ad�Yaoed aod raikd fd a aed Oe�17+a4 Saae�ey a Meiriu�t Seue�rp ar Cu)wpm si�M bp tle Ae�daK or a�Vio►he�ddmt a SarN�ryr ot A�t 9eoase}e aod aa�ip�ed fer)�abd(1��xd Oe woq�ed�UY a drh aWiorited a1lan�e�rfa�t a�or t�whrn dnty e�eauk,d ad�sbd qf a wl 6a�6ed)1ry aee a maa uromry.i�6et ar s,�pon�nt b sd wWu tie limib d d�e�evideaee0 by�Ye pwev d�'Laed bl WO C�410 a�Pmm ar Pasoa� R�OI.VED F01"l�t,tat�s�Ome ataop�atl�otl�d dR�+e[aad qn eW ot tAe Co�may be t!l�ad by f�rils b tnY P�'��Y a caiMdoa tberoof faS6arhaoi 4e s�eoWia.ad aeiivay of a�y eoed,�dm�meo�ex�ar ah��eqr�p obii�of�e cxmp�cr ae s��cn��e ama sa!when�asoa st�t11 6av�e tlie N�lbioe�W�ae�a�a�oed. 1N VYfl1+�W�OF.M�orian Stbyr�r la�v�noe Ooppmy k�a aw�ed ib o!!�t wl b ba 6aa�b af9xed mi tYae piaeab to be�iy�od bq i!s Pmsideat� �pmled Dy ile�r iW igOtl�dqr uf Seplem6�]OQ�. . Alkrt � . ��C�a�q,�w� �• V{,1�M► ` k t ��.�*�Y �Oapim R G1Au.ReidpM 81'J17s0�►G�O�bGIA �00l1i'YQ!!� �,� 0��is Hi�dqr af Seplea�200a,Netate ms pasoaNl�r awe SlepheA R tlris,ro me I�orrs,wuo.6dqi iy ee 61Y sw��d depax atl ssp�t Oe ic 16e haideot af esaiam�Ww�ky Lwr.ros aoa�pog,We oeepoi.�fnn eeeoii,ea in aea�rii�er�aa�boa We a�ov.:�erl Ir��r seat oE i�e.�ia oapoeaio.K mu tbe sew �BhoN eo As�tli's�a�oe�t"s adi axponle seak�rt it�at ao a�oaed b�r adrr ddie Bwid dDlaoaaa da�if ootpoe�lior aud Yrt ba�hs�us�baqu Iry B�e aala a,��t�r. 4 . -� Q�.,.� �.� � � �� a � �t mienipe4 s�► ot Amaiam S�iqr o� �oe cmp�o�.n �o�o oocpootioo, Do lI�Y c�Ct1PY 1hC t6e tare,oi��e aa�ied Posa dAqasr�r�3�fi�taroe aod hs aot 6ees revoia�ad twtbamae tt�t�a RaoWaa af tt�e HaN oi DLeelo�s�set fath io tlie tdd Pbwrr d Aeoaoe�is noa ir ior0e. sl�ee,m�d�tmeaQ,a�e,n.,�od„sw,ate.o,d•, c�eau. Sth �j,d May ,2010 � 'L q�{,M�nlr�r t>RIG(ti,4LS Of THlS PUWfiR OF�17'7'ORh'F.Y.IRF,PRINTED K'ITH RED NU,4ft.'RIC�l.Nt,'.51BERS l>t1P1.IC:A 1 FS SNALt.H.6 4'F.TNt.'SAM,E FtJRCS ANf3 EFF6'C."T AS'.�N ORlC,1N.aL fiNl)"WfiEh'/SS{TED/N CO/VJi1NCTIO,N LY'J7'Bi ffi£C7R1G/h'3E. �ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �� c-��C'cl`�.M�r.f^CSClSM..;ti:=ti'�4`_. :.::.r:a�:.!.`:ti.=.-S".5",..'.S'..4.._......._.....'t��ti.-. ... . ,_. __ . _. t� ...,..._. _.. State of California Co. !y of San Francisco On �Y 5. 2010 before me, �ureen E. Schmidt,notary public Date �ie e�nsert Name and ice ol mr O�t ce � personally appeared _____ Anthonp F. Angelicola � Name(s)at Signer s) who proved to me on the bas�s of satisfactory evidence to be the person(s) whose name�,$) is/aae subscribed to the within instrument and acknowiedged to me that hef�q executed the same in hi�authorized capacity(�es�, and that by his9oeat�eir signature(s� on the instrument the person(s�, or the entity upon behalf of �'"" 1�AUREEN E.SCHMiDT� which the person(a)acted, executed the instrument. V NOTARYP'o C7CALIfORNIA� � - SAN FRANCISCO COUNTY� I certity under PENALTY OF PERJURY under the laws � ,m COAtM EkP RES FEB.",2ot2 of the State of Caiifomia that the foregoing paragraph is true and correct. WITNESS my hand and o�cial seai. Signature �� :'.1��" �+ �_._�_ _ Poaee Naary SQsI Above S:;rutvr ol Nuta�y P.,bNc OPTIONAL Though the information betow!s not required by law,if may prove valuable to persons rety�ng on!he document and could prevent traudulent removai a,Td�eattachment of this lom7 to another documernt Description of Attached Document Title orType of Documenh __ ____ a, , Document Date: Number of Pages. �_ ._ _ Signer(s)Other Than Named Above ____ __� , _ _ ___,_ Capacity(fes)Claimed t�y Signer(s) Signer's Name: _, ___ Signer's Name. ____ ��dividual Individual Corporate Officer--Title(s). Corporate Officer--Title(s): _ Partner— Limited General Partner— Limited General Aftorney in Fact Attorney in Fact � . Trustee Topo i rt ;cr ioco •hu•rb•�. Trustee Guardian or Conservator Guardian c�r Conservator ' Other: Other: �____—___.— _. Signer Is Representing: Signer Is Representing ___ .______..___.__ 'P200�Na�d+alNctaryAss��-a•��n•93..`-0D:s`t� Av- P.�-B.. . . �:�� w.,'.r,CA 913i3-2�402•wwwNat✓a�aitJa+.ru� rg tv� w';��v'� kF„�da� ,a.10:P e,.��iu��,%3'. ,; THIS IS TO CERTIFY THAT,Pur.sr�ant to the fnswance Code nJthe S►ate ojCaltfornlo, Amaricea Safety Casualty insutanee Company of Oklahoma ,or�anized ru�der t/K !mw of Oklahoma ,subject to its Articlrs qf Jncoiyoratlon��r ndierJuulwnenwl o.ganJzoduna!dacwnanrs,Lr herr6y authoriitd ro lranrnct withLt the St4te,.YLthjtCt l0 a!1 provlsions of t1+tr Ce►iiJicrtte,the jotlowing cia,s.re,v of rnRcrnnce; Fire, Merine, Surety� Liability� Workers' Compansation� 8oiler and Machinery, Burglery, and Autamobile at auch clasa�ea are now or tnuy harec¢tar be defirted in the lnamm�ce Laws aj ihe Sm�s of Califurnia. THfS CEQTIFICATE!s upreaaty condltiaud+rNon du hnldcr ku+cuf now�u�d he�rojtrr being!n fuJ!complienc�witb all,und�ot in violatinn af anX ojtl�e cthplltable luws anrJ Jawfti!requirrme��ts mcule undtr awJhortty af tlie luw.r of tha State nJCattfornia ar/nng os such laws ar raqutrarnents ars in e�`'ecl tuid npplftuble,rutd aa s�ucFi lnws und�eguiretncnts nvw a�,ar nwy hereafter br ch�tng'ad or Q,neiulerL INWITNE5SWHEREOF,effecN►ensoftise 'LOth �� Decentber 2007 ,f�,e hereunro ser my hand aul caus�d my o,�'icial seal to be t�ued this . 20th �yof Dacembez 2007 , Steve Poizner Inmrm�oe Coq�m[vfaner 8y � i . . S an .1. Stapp ,J;.- os Ji�a Ricliardson y�x Cbief Deputy NOTICE: ' Q�mHReatSoe w�ith the Seaarry of Smce must ba aeeompl'ubal u requlrcd by Uu Cnlitomin Corparnciom Code p�vmpUY rlta isuwee nf Idis Caiiliate a[Awhority.Failuro to Qo�o wW be u rialadoa oF I�uwntke Cak Saetion 701 v�1ll ee sn�uaU!or tevokfn=tAts(:atiflcate of AutbaJty punv�nt to du conventnls mnAe in tDe applieWion Uucehr�dm conJidonR Coattiqed ltaein. wa�roa �avee�� ' - - ---- .. .r�_ ..�.,._'fY7" - .. -'i`tY'71.�_. .. ._ ..' - - • 1J11i Alt 1 l�i�/1 r 1 V.�' l.l'1 iJ V 1,u11\vL ' � sA.iv F�vc�sco Amended Certi�cate of Authority THIS IS TO CERTIFY, That,pursuant to the Irisurance Code of the State of California, , Aniericaa Safety Casualty Insurance Cornpany of Oklahoma, organized under the taws of Oklahoma, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact w�thin this State, subject to all provisions of this Cert�cate, the fo�lowing classes of insurance: Fire,Mariue,Suret�►,Liabtlity,Warkers' Cvmpensation, Boiler and Mac6in�ery,Bnrglary,and Automobile as such classes are now or may hereu,�ii'er be de�»ed in the In.surance Laws of the State oJCalifornia. THIS CERTIFICATE is expressly conditioned upon the holder hereof»ow and hereafter betng in futl compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under quthority of the laws of the State oJCalifornia u.s tong as such laws or requfrements are in effect and applicable, and as such taws and requirements now are, or may herea,f�er be changed or arnended. IN WITNESS WHEREOF,e,,�'ective as of the lOth day of December,2007,I have hereunto set my hand and caused my o�'ficial seal to be a,�`'lxed this 20th day of December, 2001, Fee $11�.00 Steve Poizner l��ce Ca+un�ssionar Rec.No. Filed 8/7/07 By Swan J. Stapp for,llm RIcltandsvn Cbref Deputy Certfftcartion I, the undersigned Insurance Comnsissioner of ihe State of California, da hereby certify that I have compared the above cnpy of Certif cate ofAuthortty with the duplicate ojoriginal now on ftle irr my o,�ice, and that the same is a full, true,and correct transcript thereof, ond of the whole of said duplicate,and said Certificate of Aurhority is naw in full force and e�j`'ect. 1N WITNESS WHEREOF, 1 have hereunto set my ha�d and caused my o�Ccial seat to be a,�`'txed this 2Tth day vfJune, 2008 �p! �� l,. F! �`�, � � � City of Palm Desert ADDENDUM N0. 1 for �ANDSCAPE M/41NTENANCE AREA 2 Project No. 902-10 Contract No. CZ9490 lasued May 3, 2010 I�RTANT NOTE:/�CE�PT THIS YUST BE e�un�n��n /N C+OrUTRACT�R'S� . REE , P.E. DIRECTOR�PUBUC WORKS T3-�f10 FRED WARING DRNE PALM DE8ERT,CALIFORNIA 9� / 1 Y N�� C � �/'it'�w C�� S � �..��'.1.� �'`� /U�'� b--n-�—' � � � ; ..,-�.�'•..� . �� - tANDSCAPE MAfNTENANCE AREA N0.2 PROJECT NO.902-10 CONTRACT NO.C29�490 ADDENDUM N0. 1 This�ndum rosponds to a writben q�on submltted on April 30�2018. Qu�sNon: May the following language be added to the Perfarmanc�e Bond and the Paymerrt Bond? Coverage shaN be�in <date> and shall cease <date> . Cover�e may be extended for additi�onal pe�iods of one (9)year upon lssuance of a oor�inuatbn certiflc:ate by the Surety. However, neither nanrenernral by the Surety, nor the#aUure or inability of the Principal to flle a repiacemer►t bond in the event of ranrenewal,shali itseiF oonstitute a bss to the Obiigee recoverable under thls bond or any renewal or oorrtinuation thereof. Answer: The propased ianguage may be added to the Perfomnance 8orxt andJor to the Paymer�t Bond. Contract No. C29490 LANDSCAPE MAINTENANCE AREA NO. 2 CONTRACT NO. C29490, PROJECT NO. 902-10 CONTRACTOR'S PROPOSAL DOCUMENTS AGREEMENT This AGREEMENT is made and entered into this 27t" day of May 2010, by and between City of Palm Desert, California, hereafter called "Owner" "City" or "Agent" and Pinnacle Landscape Companv, Inc., hereinafter called "Contractor." WITNESSETH: WHEREAS, on A�ril 21, 2010, City invited bids for landscape maintenance services for City-maintained properties known as Landscape Maintenance Area No. 2 per specifications; and WHEREAS, pursuant to said invitation, Contractor submitted a proposal, which was accepted by City for said services. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: TERM. The term of this Agreement shall be from July 1, 2010, through June 30, 2011, or to such later date as may be agreed in writing between parties. This contract allows for an option of two one-year contract extensions based on Contractor's perFormance and mutual agreement. CITY'S OBLIGATIONS. For furnishing services, as specified in this Agreement, City will pay and Contractor shall receive in full compensation, therefore the total sum Seventy-Nine Thousand Five Hundred Ninety-Six Dollars 79 596 as set forth in the Contract Documents and adopted by City. CONTRACTOR'S OBLIGATION For, and in consideration of the payments and agreements hereinbefore mentioned to be made and perFormed by City, Contractor agrees with City to fumish the services and to do everything required by this Agreement and the Specific Terms and Conditions. HOLD HARMLESS AND INDEMNIFICATION. Contractor agrees to defend, indemnify, and hold harmless City of Palm Desert, its officials, officers, employees, representatives, and agents from and against all claims lawsuits, liabilities or damages of whatsoever nature arising out of our connection with, or relating in any manner to, any act or omission of Contractor, his agents, employees, and subcontractors and employees thereof in connection with, the perFormance or non- perFormance of this Agreement. The Contractor shall thoroughly investigate any and all claims and indemnify City and do whatever is necessary to protect City of Palm Desert, its official, officers, employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. Page 1 of 3 Contract No. C29490 AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by the Contractor and approved by the City Council of the City. TERMINATION. If, during the term of this Agreement, City determines that Contractor is not faithfully abiding by any term or condition contained herein, City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a three-day notice of time thereafter in which to perform said work or cure the deficiency. If Contractor fails to perform said work or cure the deficiency within the three (3) days specified in the notice, such shall constitute a breach of this Agreement and City may terminate this Agreement immediately by written notice to Contractor to said effect. Thereafter, except as otherwise set forth herein, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligation of Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received City's Notice of Termination, minus any offset from such payment representing City's damages from such breach. City reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its bid. The City Council may terminate the contract with 30 days written notice for any reason. INCORPORATED BY REFERENCE. The Notice Inviting Bids; Bid Terms and Conditions; Instructions to Bidders, General Terms and Conditions; Specific Terms and Conditions; Contractor's Proposal Submission Forms; Addendum Nos. 1 ; Change Orders; additional or supplemental specifications, drawing, maps or diagrams; and City- issued forms relating to this project, are hereby incorporated in and made a part of this Agreement. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. ANTI-DISCRIMINATION. In the performance of the terms of this Agreement, Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. AUDIT. City shall have the option of inspecting and/or auditing all records and other written material used by Contractor in preparing its statements to City as a condition precedent to any payment to Contractor. Page 2 of 3 Contract No. C29490 NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: To City: To Contractor: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92264 LITIGATION COSTS. In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. CITY OF PALM DESERT PINNACLE LANDSCAPE CO. A Municipal Corporation Contractor CINDY FINERTY, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: APPROVED AS TO CONTENT: RACHELLE D. KLASSEN, CITY CLERK MARK GREENWOOD, P .E. CITY OF PALM DESERT, CALIFORNIA DIRECTOR OF PUBLIC WORKS APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY Page 3 of 3 Contract No. C29490 LANDSCAPE MAINTENANCE AREA NO. 2 CONTRACT NO. C29490, PROJECT NO. 902-10 ATTACHMENT 5: PAYMENT BOND (REQUIRED WITH EXECUTED AGREEMENT) Payment Bond KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Pinnacle Landscape Companv. Inc., {hereinafter designated as "Contractor"), an agreement dated May 27, 2010 and described as follows: LANDSCAPE MAINTENANCE AREA 2, PROJECT NO. 902-10, CONTRACT NO. C29490, (hereinafter referred to as the "Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, we, , the undersigned Contractor, as Principal, and , a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of Seventy-Nine Thousand Five Hundred Ninety-Six Dollars ($79,596), said sum being not less than one hundred percent (100%) of the total amount payable by said Obligee under the terms of said Contract, for which payment 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 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 said Contractor and his or its subContractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of Contractor or his or its SubContractors, 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 notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Page 1 of 2 Contract No. C29490 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of 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 Specifications. No final settlement between Obligee and Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety agree that if Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAL/Contractor: SURETY: (Typed Name of Contractor) (Typed Name of Surety) By: By: (Signature) (Signature of Attorney-in-Fact) (Typed Name and Title) (Typed Name of Attorney-in-Fact) The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (the above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California lnsurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California lnsurance 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, address and telephone no. of Surety) (Name, address and telephone no. of agent or representative for service of process in California, if different from above) Page 2 of 2 Contract No. C29490 LANDSCAPE MAINTENANCE AREA NO. 2 CONTRACT NO. C29490, PROJECT NO. 902-10 ATTACHMENT 4: PERFORMANCE BOND (REQUIRED WITH EXECUTED AGREEMENT) Performance Bond KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has awarded to Pinnacle Landscape Companv, Inc., (hereinafter designated as "Principal"), a contract for: LANDSCAPE MAINTENANCE AREA 2 PROJECT NO. 902-10 CONTRACT NO. C29490 and WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract, NOW, THEREFORE, WE, the Principal, and , as Surety, are held and firmly bound unto City of Palm Desert, hereinafter called City, in the penal sum of Seventv-Nine Thousand Five Hundred Ninety-Six Dollars ($79,596), being 100% of the contract amount in lawful money of the United States of America, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for City to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. Page 1 of 2 Contract No. C29490 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of , 20 SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER Page 2 of 2 OINAH SHORE DR W LANDSCAPE AREA 2 'a w W �t�p�� 2 O' O f � GERALD FORD OR � w • ��q»mnvn o�� > a LEGENU o x ,NT6qs ��riaz 0 o TqTF aaim oesen aerce�s a " ��Yy, �cilyBounaary 'a eFR4NKSINATRADR tiNCH-4,5WFF[i �FR4NK SINATR4 DR pq I �9R�s4 R�� O � A a w w /� � �y GOUNTRY CLUB�R ' I GOUNTRY CLUB DR � f > < r o 0 HOVIEY LN W � Y O p I� � I � 0 K V i p � O w a HOVLEY LN E _� �W Q . _ � Q N I \� I HOVLEY LN E _ z �__�_`—— —� � � z I w �i MAGNESIA PALLS UR N a ; � _..__�. _._ _�� y F W � PARK VIEW OR W 0 w w � � � i > u P rc I� p a p CALIFORN�P 3 _ "_'z_—.�'_��u � �' FRED WARING OR FRED WARING DR i a � �� d w w 0 � I HWYtN EL PASEO �MOUNTAIN DR � O Q j FAIRWAV�R' i y GRAPEVINE ST Q J OI K LLI HAVSTAGKRD W 1 MESA VIEW D/j Pp0.TplP"P ^b � r