Loading...
HomeMy WebLinkAboutRatify Corrected Agreements for Landscape Maintenance Area (LMA) Numbers 1 2 4 6 7 16 17 18 and 19CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: RATIFY THE CORRECTED AGREEMENTS FOR LANDSCAPE MAINTENANCE AREA 1, 2, 4, 6, 7, 16, 17, 18, AND 19 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: June 23, 2011 CONTENTS: Agreements Payment Bonds Performance Bonds Recommendation By Minute Motion, ratify the corrected agreements for Landscape Maintenance Area 1, 2, 4, 6, 7, 16, 17, 18, and 19. Funds are available in the General Fund Account No. 110-4614-453-3370, Repair/Maintenance Medians, 110-4610-453-3320, R/M Landscape Services, 110-4611- 453-3320, R/M Landscape Services, 241-4195-495-3321, Desert Willow R/M Extras, and their respective Landscape and Lighting Assessment District Accounts. Background At the City Council Meeting of May 26, 2011, the contracts for Landscape Maintenance Areas (LMAs) 1, 2, 4, 6, 7, 16, 17, 18, and 19 were awarded to the contractors as listed below. On Friday, June 3, 2011, the City Clerk sent the contract documents to the awarded contractors. On June 8, 2011, one of the contractors noticed an inconsistency in the agreement and brought it to the attention of City staff. Staff immediately reviewed all of the agreements and realized that a clerical error had been made. However, during the review, staff also found that on the staff reports the term of the contracts was not clearly stated and the amounts were only for the first year of the two-year contract term. In previous years, the term for landscape maintenance contracts has been for one year. In this bidding cycle, in order to preserve the expected cost savings due to the adjusted scope of services, the contracts . were awarded for a two-year term. Therefore, corrected agreements reflecting the two-year term amounts need to be distributed accordingly. Staff Report Ratify the Corrected Agreements for LMAs June 23, 2011 Page 2 of 2 The following chart clarifies the term, the yearly amount, and the total contract amount for each LMA. LMA Company Contract Term Yearly Amount Contract Amount 1 Merchants Landscape Company 2 years $ 90,000 $180,000 2 Pinnacle Landscape Company 2 years $ 68,160 $136,320 4 Pinnacle Landscape Company 2 years $ 67,980 $135,960 6 Mariposa Landscapes 2 years $ 66,744 $133,488 7 Pinnacle Landscape Company 2 years $ 68,160 $136,320 16 Merchants Landscape Company 2 years $105,000 $210,000 17 Merchants Landscape Company 2 years $156,000 $312,000 18 Merchants Landscape Company 2 years $ 68,000 $136,800 19 All Seasons Landscape and Design 2 years $ 38,052 $ 76,104 Fiscal Analysis This is an on -going maintenance activity with no fiscal impact beyond the awarded contract amounts. , Prepared By: H. penc r Kni Lands ape Manager Paul S. Gibson, Director of Finance M. Wohlmuth, City Manager Depargxfift)gead: Mark Gre nwood, P.E. Director df Public Works CITY COUNCIL ACYION APPROVED V/ DENIED RECEIVED OTITER. MFETIISG DATE AYES: NOES: ABSENT: 41 DL ABSTAIN: - L Lf?L VERIFIED BY: _.)L1KJ� Original on File with City Clerk s Ofriee Contract No. C30760 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 01, 2011-2012 PROJECT NO.901-11, CONTRACT NO. C30760 AGREEMENT This AGREEMENT is made and entered into this 23�d day of June 2011 , by and between City of Palm Desert, California, hereafter called "Owner" "City" or "Agent" and Merchants Landscape Services, Inc. , hereinafter called "Contractor." WITNESSETH: WHEREAS, on April 29, 2011 , City invited bids for landscape maintenance services for City -maintained properties known as Landscape Maintenance Area No. 1 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, 2011, through June 30, 2013, 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 of One Hundred Eighty Thousand Dollars ($) 180,000 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 furnish 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. Contract No. C30760 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. 0 ; 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. Contract No. C30760 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. 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: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 To Contractor: Merchants Landscape Services, Inc. 1510 S. Lyon Street Santa Ana. CA 92705 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 A Municipal Corporation JEAN M. BENSON, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY MERCHANTS LANDSCAPE SERVICES, INC. Contractor APPROVED AS TO CONTENT: MARK GREENWOOD, P .E. DIRECTOR OF PUBLIC WORKS Contract No. C30760 CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } On , 20 , before me, a Notary Public, personally appeared , 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. WITNESS my hand and official seal. Signature CITY NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } (Seal) On , 20 , before me, a Notary Public, personally appeared , 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. WITNESS my hand and official seal. Signature (Seal) Contract No. C30760 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 01, 2011-2012 PROJECT NO. 901-11, CONTRACT NO. C30760 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has awarded to Merchants Landscape Services. Inc. (hereinafter designated as "Principal"), a contract for: LANDSCAPE MAINTENANCE AREA 1 PROJECT NO. 901-11 CONTRACT NO. C30760 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 One Hundred Eighty Thousand Dollars ($ 180,000 ), 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. Contract No. C30760 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 M INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER PRINCIPAL BY: Contract No. C30760 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 01, 2011-2012 PROJECT NO. 901-11, CONTRACT NO. C30760 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Merchants Landscape Services. Inc. (hereinafter designated as "Contractor"), an agreement dated and described as follows: LANDSCAPE MAINTENANCE AREA NO. 1 PROJECT NO. 901-11, CONTRACT NO. C30760, (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 One Hundred Eighty Thousand Dollars ($ 180,000 ), 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. Contract No. C30760 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: (Typed Name of Contractor) By: (Signature) (Typed Name and Title) The rate of premium on this bond is $ SURETY: By: The total amount of premium charged: $ (the above must be filled in by corporate surety). (Typed Name of Surety) (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) per thousand. 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, 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) Contract No. C30770 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO. 902-11, CONTRACT NO. C30770 AGREEMENT This AGREEMENT is made and entered into this 23rd day of June 2011 , by and between City of Palm Desert, California, hereafter called "Owner" "City" or "Agent" and Pinnacle Landscape Company , hereinafter called "Contractor." WITNESSETH: WHEREAS, on April 29, 2011 , 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, 2011, through June 30, 2013, 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 One Hundred Thirty -Six Thousand Three Hundred Twenty Dollars ($) 136,320 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 furnish 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. Contract No. C30770 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. 0 ; 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. Contract No. C30770 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. 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 92260 Pinnacle Landscape Company 2200 Fairview Street Santa Ana. CA 92704 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 COMPANY A Municipal Corporation Contractor JEAN M. BENSON, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY APPROVED AS TO CONTENT: MARK GREENWOOD, P .E. DIRECTOR OF PUBLIC WORKS Contract No. C30770 CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } ) SS County of Riverside } On , 20 , before me, a Notary Public, personally appeared , 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. WITNESS my hand and official seal. Signature CITY NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } (Seal) On , 20 , before me, a Notary Public, personally appeared , 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. WITNESS my hand and official seal. Signature (Seal) Contract No. C30770 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO. 902-11, CONTRACT NO. C30770 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has awarded to Pinnacle Landscape Company (hereinafter designated as "Principal"), a contract for: LANDSCAPE MAINTENANCE AREA 2 PROJECT NO. 902-11 CONTRACT NO. C30770 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 One Hundred Thirty -Six Thousand Three Hundred Twenty Dollars ($136,320), 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. Contract No. C30770 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 M INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER PRINCIPAL M Contract No. C30770 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 2, 2011-2012 PROJECT NO.902-11, CONTRACT NO. C30770 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 Company (hereinafter designated as "Contractor"), an agreement dated and described as follows: LANDSCAPE MAINTENANCE AREA NO. 2 PROJECT NO. 902-11, CONTRACT NO. C30770, (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 One Hundred Thirtv-Six Thousand Three Hundred Twenty Dollars ($136,320), 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. Contract No. C30770 The Surety, for value receive of time, alteration or additio performed thereunder or the affect its obligations on this b extension of time, alteration Specifications. d , hereby stipulates and agrees that no change, extension n to the terms of said Contract or to the work to be Specifications accompanying the same shall in any way ond, and it does hereby waive notice of any such change, or addition to the terms of the Contract or to the 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 PRINCIPAUContractor: (Typed Name of Contractor) By: (Signature) (Typed Name and Title) The rate of premium on this bond is $. SURETY: M The total amount of premium charged: $ (the above must be filled in by corporate surety). (Typed Name of Surety) (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) per thousand. 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, 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) Contract No. C30630 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 4, 2011-2012 PROJECT NO. 904-11, CONTRACT NO. C30630 AGREEMENT This AGREEMENT is made and entered into this 23rd day of June 2011 , by and between City of Palm Desert, California, hereafter called "Owner" "City" or "Agent" and Pinnacle Landscape Company hereinafter called "Contractor." WITNESSETH: WHEREAS, on April 29, 2011 , City invited bids for landscape maintenance services for City -maintained properties known as Landscape Maintenance Area No. 4 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, 2011, through June 30, 2013, 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 One Hundred Thirty -Five Thousand Nine Hundred Sixty Dollars ($) 135,960 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 furnish 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. Contract No. C30630 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. 0 ; 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. Contract No. C30630 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. 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: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 To Contractor: Pinnacle Landscape Company 2200 Fairview Street Santa Ana. CA 92704 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 COMPANY A Municipal Corporation Contractor JEAN M. BENSON, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: APPROVED AS TO CONTENT: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY MARK GREENWOOD, P .E. DIRECTOR OF PUBLIC WORKS Contract No. C30630 CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } On , 20 , before me, a Notary Public, personally appeared 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. WITNESS my hand and official seal. Signature CITY NOTARY ACKNOWLEDGMENT State of California } )SS County of Riverside } (Seal) On , 20 , before me, a Notary Public, personally appeared , 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. WITNESS my hand and official seal. Signature (Seal) Contract No. C30630 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 4, 2011-2012 PROJECT NO. 904-11, CONTRACT NO. C30630 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has awarded to Pinnacle Landscape Company (hereinafter designated as "Principal"), a contract for: LANDSCAPE MAINTENANCE AREA 4 PROJECT NO. 904-11 CONTRACT NO. C30630 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 One Hundred Thirty -Five Thousand Nine Hundred Sixty Dollars ($135,960), 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. Contract No. C30630 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 M. INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER PRINCIPAL AN Contract No. C30630 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 4, 2011-2012 PROJECT NO. 904-11, CONTRACT NO. C30630 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 Company (hereinafter designated as "Contractor"), an agreement dated and described as follows: LANDSCAPE MAINTENANCE AREA NO. 4 PROJECT NO. 904-11, CONTRACT NO. C30630, (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 One Hundred Thirty -Five Thousand Nine Hundred Sixty Dollars 135 960 , 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. Contract No. C30630 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: (Typed Name of Contractor) By: (Signature) (Typed Name and Title) The rate of premium on this bond is $ SURETY: M The total amount of premium charged: $ (the above must be filled in by corporate surety). (Typed Name of Surety) (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) per thousand. 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, 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) Contract No. C30780 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 06, 2011-2012 PROJECT NO. 906-11, CONTRACT NO. C30780 AGREEMENT This AGREEMENT is made and entered into this 23rd day of June 2011, by and between City of Palm Desert, California, hereafter called "Owner' "City" or "Agent" and Mariposa Landscape, Inc. , hereinafter called "Contractor." WITNESSETH: WHEREAS, on April 29, 2011, City invited bids for landscape maintenance services for City -maintained properties known as Landscape Maintenance Area No. 6 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, 2011, through June 30, 2013, 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 One Hundred Thirty -Three Thousand Four Hundred Eighty -Eight Dollars ($) 133,488 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 furnish 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. Contract No. C30780 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. 0 ; 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. Contract No. C30780 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. 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: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert; CA 92260 To Contractor: Mariposa Landscape, Inc. 15529 Arrow Highway Irwindale, CA 91706 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 MARIPOSA LANDSCAPE, INC. A Municipal Corporation Contractor JEAN M. BENSON, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY APPROVED AS TO CONTENT: MARK GREENWOOD, P .E. DIRECTOR OF PUBLIC WORKS Contract No. C30780 CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } On , 20 , before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence name(s) is/are subscribed to the within instrument and he/she/they executed the same in his/her/their authorize t d I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CITY NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } (Seal) On , 20 , before me, a Notary Public, personally appeared , 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. WITNESS my hand and official seal. Signature (Seal) Contract No. C30780 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 06, 2011-2012 PROJECT NO. 906-11, CONTRACT NO. C30780 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has awarded to Mariposa Landscape, Inc. (hereinafter designated as "Principal"), a contract for: LANDSCAPE MAINTENANCE AREA 6 PROJECT NO. 906-11 CONTRACT NO. C30780 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 One Hundred Thirty -Three Thousand Four Hundred Eighty -Eight Dollars ($ 133,488 ), 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. Contract No. C30780 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 M. INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER PRINCIPAL BY: Contract No. C30780 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 06, 2011-2012 PROJECT NO. 906-11, CONTRACT NO. C30780 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Mariposa Landscape, Inc. (hereinafter designated as "Contractor"), an agreement dated and described as follows: LANDSCAPE MAINTENANCE AREA NO. 6 PROJECT NO. 906-11, CONTRACT NO. C30780 (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 One Hundred Thirty -Three Thousand Four Hundred Eighty -Eight Dollars ($ 133,488 ),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. Contract No. C30780 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: (Typed Name of Contractor) By: (Signature) (Typed Name and Title) The rate of premium on this bond is $ SURETY: go The total amount of premium charged: $ (the above must be filled in by corporate surety). (Typed Name of Surety) (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) per thousand. 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, 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) Contract No. C30790 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 07, 2011-2012 PROJECT NO. 907-11, CONTRACT NO. C30790 AGREEMENT This AGREEMENT is made and entered into this 23rd day of June 2011 , by and between City of Palm Desert, California, hereafter called "Owner" "City" or "Agent" and Pinnacle Landscape Company hereinafter called "Contractor." WITNESSETH: WHEREAS, on April 29, 2011 , City invited bids for landscape maintenance services for City -maintained properties known as Landscape Maintenance Area No. 7 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, 2011, through June 30, 2013, 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 One Hundred Thirty -Six Thousand Three Hundred Twenty Dollars ($) 136,320 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 furnish 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. Contract No. C30790 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. 0 ; 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. Contract No. C30790 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. 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: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 To Contractor: Pinnacle Landscape Company 2200 Fairview Street Santa Ana. CA 92704 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 COMPANY A Municipal Corporation Contractor JEAN M. BENSON, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY APPROVED AS TO CONTENT: MARK GREENWOOD, P .E. DIRECTOR OF PUBLIC WORKS Contract No. C30790 CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } On , 20 , before me, a Notary Public, personally appeared , 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. WITNESS my hand and official seal. Signature CITY NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } (Seal) On , 20 , before me, a Notary Public, personally appeared , 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. WITNESS my hand and official seal. Signature (Seal) Contract No. C30790 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 07, 2011-2012 PROJECT NO. 907-11, CONTRACT NO. C30790 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has awarded to Pinnacle Landscape Company (hereinafter designated as "Principal"), a contract for: LANDSCAPE MAINTENANCE AREA 7 PROJECT NO. 907-11 CONTRACT NO. C30790 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 One Hundred Thirty -Six Thousand Three Hundred Twenty Dollars ($ 136,320 ), 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. Contract No. C30790 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 Contract No. C30790 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 07,2011-2012 PROJECT NO. 907-11, CONTRACT NO. C30790 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 Company (hereinafter designated as "Contractor"), an agreement dated and described as follows: LANDSCAPE MAINTENANCE AREA NO. 7 PROJECT NO. 907-11, CONTRACT NO. C30790, (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 One Hundred Thirty -Six Thousand Three Hundred Twenty Dollars ($ 136,320 ), 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. Contract No. C30790 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 PRINCIPAUContractor: (Typed Name of Contractor) SURETY: By: By: (Signature) (Typed Name and Title) The rate of premium on this bond is $, The total amount of premium charged: $ (the above must be filled in by corporate surety). (Typed Name of Surety) (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) per thousand. 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, 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) Contract No. C30810 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 16, 2011-2012 PROJECT NO. 916-11, CONTRACT NO. C30810 AGREEMENT This AGREEMENT is made and entered into this 23rd day of June 2011 , by and between City of Palm Desert, California, hereafter called "Owner" "City" or "Agent" and Merchants Landscape Services, Inc., hereinafter called "Contractor." WITNESSETH: WHEREAS, on April 29, 2011 , City invited bids for landscape maintenance services for City -maintained properties known as Landscape Maintenance Area No. 16 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, 2011, through June 30, 2013, 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 Two Hundred Ten Thousand Dollars ($) 210,000 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 furnish 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. Contract No. C30810 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. 0 ; 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. Contract No. C30810 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. 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: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 To Contractor: Merchants Landscape Services, Inc. 1510 S. Lyon Street Santa Ana, CA 92705 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 A Municipal Corporation JEAN M. BENSON, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY MERCHANTS LANDSCAPE SERVICES, INC. Contractor APPROVED AS TO CONTENT: MARK GREENWOOD, P .E. DIRECTOR OF PUBLIC WORKS Contract No. C30810 CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } On , 20 , before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence name(s) is/are subscribed to the within instrument and he/she/they executed the same in his/her/their authorize his/her/their signature(s) on the instrument the person(s), which the person(s) acted, executed the instrument. a to be the person(s) whose acknowledged to me that I capacity(ies), and that by or the entity upon behalf of I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CITY NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } (Seal) On , 20 , before me, a Notary Public, personally appeared , 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. WITNESS my hand and official seal. Signature (Seal) Contract No. C30810 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 16, 2011-2012 PROJECT NO. 916-11, CONTRACT NO. C30810 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has awarded to Merchants Landscape Services, Inc. (hereinafter designated as "Principal"), a contract for: LANDSCAPE MAINTENANCE AREA 16 PROJECT NO. 916-11 CONTRACT NO. C30810 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 Two Hundred Ten Thousand Dollars ($210 000), 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. Contract No. C30810 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 BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER PRINCIPAL BY: Contract No. C30810 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 16, 2011-2012 PROJECT NO. 916-11, CONTRACT NO. C30810 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Merchants Landscape Services, Inc. (hereinafter designated as "Contractor"), an agreement dated and described as follows: LANDSCAPE MAINTENANCE AREA NO. 16 PROJECT NO. 916-11, CONTRACT NO. C30810, (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 Two Hundred Ten Thousand Dollars ($210,000), 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. Contract No. C30810 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: (Typed Name of Contractor) By: (Signature) (Typed Name and Title) The rate of premium on this bond is $ SURETY: M The total amount of premium charged: $ (the above must be filled in by corporate surety). (Typed Name of Surety) (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) per thousand. 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, 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) Contract No. C30820 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 17, 2011-2012 PROJECT NO. 917-11, CONTRACT NO. C30820 AGREEMENT This AGREEMENT is made and entered into this 23rd day of June 2011 , by and between City of Palm Desert, California, hereafter called "Owner" "City" or "Agent" and Merchants Landscape Services, Inc. hereinafter called "Contractor." WITNESSETH: WHEREAS, on April 29, 2011 , City invited bids for landscape maintenance services for City -maintained properties known as Landscape Maintenance Area No. 17 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, 2011, through June 30, 2013, 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 Three Hundred Twelve Thousand Dollars ($ 312,000 has 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 furnish 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. Contract No. C30820 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. Contract No. C30820 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. 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: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 To Contractor: Merchants Landscape Services, Inc. 1510 S. Lvon Street Santa Ana, CA 92705 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 A Municipal Corporation JEAN M. BENSON, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY MERCHANTS LANDSCAPE SERVICES, INC. Contractor APPROVED AS TO CONTENT: MARK GREENWOOD, P .E. DIRECTOR OF PUBLIC WORKS Contract No. C30820 CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } On , 20 , before me, a Notary Public, personally appeared , 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. WITNESS my hand and official seal. Signature CITY NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } (Seal) On , 20 , before me, a Notary Public, personally appeared , 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. WITNESS my hand and official seal. Signature (Seal) Contract No. C30820 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 17, 2011-2012 PROJECT NO. 917-11, CONTRACT NO. C30820 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has awarded to Merchants Landscape Services, Inc. (hereinafter designated as "Principal"), a contract for: LANDSCAPE MAINTENANCE AREA 17 PROJECT NO. 917-11 CONTRACT NO. C30820 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 Three Hundred Twelve Thousand Dollars ($ 312,000 ), 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. Contract No. C30820 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 Contract No. C30820 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 17, 2011-2012 PROJECT NO.917-11, CONTRACT NO. C30820 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Merchants Landscape Services, Inc. (hereinafter designated as "Contractor"), an agreement dated and described as follows: LANDSCAPE MAINTENANCE AREA NO. 17 PROJECT NO. 917-11, CONTRACT NO. C30820, (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 Three Hundred Twelve Thousand Dollars ($ 312,000 ), 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. Contract No. C30820 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: (Typed Name of Contractor) By: (Signature) (Typed Name and Title) The rate of premium on this bond is $ SURETY: 0 The total amount of premium charged: $ (the above must be filled in by corporate surety). (Typed Name of Surety) (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) per thousand. 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, 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) Contract No. C30830 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 18, 2011-2012 PROJECT NO. 918-11, CONTRACT NO. C30830 AGREEMENT This AGREEMENT is made and entered into this 23rd day of June 2011 , by and between City of Palm Desert, California, hereafter called "Owner" "City" or "Agent" and Merchants Landscape Services, Inc. hereinafter called "Contractor." WITNESSETH: WHEREAS, on April 29, 2011 , City invited bids for landscape maintenance services for City -maintained properties known as Landscape Maintenance Area No. 18 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, 2011, through June 30, 2013, 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 One Hundred Thirty -Six Thousand Eight Hundred ($) 136,800 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 furnish 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. Contract No. C30830 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. 0 ; 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. Contract No. C30830 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. 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: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 To Contractor: Merchants Landscape Services, Inc. 1510 S. Lvon Street Santa Ana, CA 92705 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 A Municipal Corporation JEAN M. BENSON, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY MERCHANTS LANDSCAPE SERVICES, INC. Contractor APPROVED AS TO CONTENT: MARK GREENWOOD, P .E. DIRECTOR OF PUBLIC WORKS Contract No. C30830 CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } )SS County of Riverside } On , 20 , before me, a Notary Public, personally appeared , 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. WITNESS my hand and official seal. Signature CITY NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } (Seal) On , 20 , before me, a Notary Public, personally appeared , 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. WITNESS my hand and official seal. Signature (Seal) Contract No. C30830 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 18, 2011-2012 PROJECT NO. 918-11, CONTRACT NO. C30830 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has awarded to Merchants Landscape Services, Inc. (hereinafter designated as "Principal"), a contract for: LANDSCAPE MAINTENANCE AREA 18 PROJECT NO. 918-11 CONTRACT NO. C30830 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 One Hundred Thirty -Six Thousand Eight Hundred Dollars ($ 136,800 ), 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. Contract No. C30830 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 Contract No. C30830 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 18, 2011-2012 PROJECT NO. 918-11, CONTRACT NO. C30830 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Merchants Landscape Services, Inc._ (hereinafter designated as "Contractor"), an agreement dated and described as follows: LANDSCAPE MAINTENANCE AREA NO. 18 PROJECT NO. 918-11, CONTRACT NO. C30830, (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 One Hundred Thirty -Six Thousand Eight Hundred Dollars ($ 136,800 ), 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. Contract No. C30830 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: (Typed Name of Contractor) By: (Signature) (Typed Name and Title) The rate of premium on this bond is $ SURETY: (Typed Name of Surety) By: (Signature of Attorney -in -Fact) The total amount of premium charged: $ (the above must be filled in by corporate surety). (Typed Name of Attorney -in -Fact) per thousand. 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, 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) Contract No. C30800 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 19, 2011-2012 PROJECT NO. 919-11, CONTRACT NO. C30800 AGREEMENT This AGREEMENT is made and entered into this 23rd day of June 2011 , by and between City of Palm Desert, California, hereafter called "Owner" "City" or "Agent" and All Seasons Landscape and Design, Inc. hereinafter called "Contractor." WITNESSETH: WHEREAS, on April 29, 2011 , City invited bids for landscape maintenance services for City -maintained properties known as Landscape Maintenance Area No. 19 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, 2011, through June 30, 2013, 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 of Seventy -Six Thousand One Hundred Four Dollars ($) 76,104 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 furnish 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. Contract No. C30800 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. 0 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. Contract No. C30800 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. 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: Office of the City Clerk City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 To Contractor: All Seasons Landscape & Design, Inc. 8701 Apple Tree Lane Cherry Valley, CA 92223 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 A Municipal Corporation JEAN M. BENSON, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY ALL SEASONS LANDSCAPE & DESIGN, INC. Contractor APPROVED AS TO CONTENT: MARK GREENWOOD, P .E. DIRECTOR OF PUBLIC WORKS Contract No. C30800 CONTRACTOR NOTARY ACKNOWLEDGMENT State of California } )SS County of Riverside } On , 20 , before me, a Notary Public, personally appeared , 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. WITNESS my hand and official seal. Signature CITY NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } (Seal) On , 20 , before me, a Notary Public, personally appeared , 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. WITNESS my hand and official seal. Signature (Seal) Contract No. C30800 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 19, 2011-2012 PROJECT NO. 919-11, CONTRACT NO. C30800 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has awarded to All Seasons Landscape & Design, Inc. (hereinafter designated as "Principal"), a contract for: LANDSCAPE MAINTENANCE AREA 19 PROJECT NO. 919-11 CONTRACT NO. C30800 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 Seventy -Six Thousand One -Hundred Four Dollars ($ 76,104 ), 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. Contract No. C30800 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 M INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER PRINCIPAL Contract No. C30800 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 19, 2011-2012 PROJECT NO. 919-11, CONTRACT NO. C30800 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to All Seasons Landscape & Design, Inc. (hereinafter designated as "Contractor"), an agreement dated and described as follows: LANDSCAPE MAINTENANCE AREA NO. 19 PROJECT NO. 919-11, CONTRACT NO. C30800, (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 -Six Thousand One -Hundred Four Dollars ($ 76,104 ), 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. Contract No. C30800 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: (Typed Name of Contractor) By: (Signature) (Typed Name and Title) The rate of premium on this bond is $ SURETY: Is The total amount of premium charged: $ (the above must be filled in by corporate surety). (Typed Name of Surety) (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) per thousand. 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, 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)