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Home My WebLink AboutC31520 Landscape Maintenace Area (LMA) 1 - TruGreen LandCare 901-12Contract No. C31520 PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C31520 FOR LANDSCAPE MAINTENANCE AREA NO. 1 TO TRUGREEN LANDCARE OF RIVERSIDE, CALIFORNIA, FOR A TWO-YEAR CONTRACT IN THE AMOUNT OF $153,576, PLUS AN AMOUNT NOT TO EXCEED 20 PERCENT OF CONTRACT AMOUNT, OR $30,715.20, FOR EXTRA REPAIR WORK AND SERVICES (PROJECT NO. 901-12) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: TruGreen LandCare 1616 Marlborough Ave, Bldg S Riverside, CA 92507 DATE: May 24, 2012 CONTENTS: Proposal Agreement Payment Bond Performance Bond Vicinity Map Recommendation By Minute Motion: 1. Award Contract No. C31520 for Landscape Maintenance Area No. 1 to TruGreen LandCare of Riverside, California, for a two-year contract in the amount of $153,576; 2. Include extra repair work and services in an amount not to exceed 20 percent of contract amount, or $30,715.20; and 3. Authorize the Mayor to execute the contract. Funds are available in the General Fund Account No. 110-4614-453-3370, Repair/Maintenance Medians, and Assessment District Account No. 276-4374-433-3320, Haystack Drainage Channel. Background On March 28, 2012, the City Clerk advertised and called for bids for Landscape Maintenance Area No. 1. Bids were opened and read aloud on Wednesday, April 25, 2012, at 2:00 p.m. with the following results: Contract No. C31520 Staff Report Award Landscape Maintenance Area No. 1 May 24, 2012 Page 2 of 2 Contractor Location Price 1 TruGreen LandCare Riverside, CA $153,576.00 2 Pinnacle Landscape Company Santa Ana, CA $178,542.72 3 Kirkpatrick Landscaping Services Indio, CA $234,000.00 4 Mariposa Landscapes Irwindale, CA $272,544.00 5 Parkwood Land Maintenance Van Nuys, CA $304,968.00 6 Excel Landscape Corona, CA $313,104.00 7 Vintage Associates Bermuda Dunes, CA $322,800.00 Staff reviewed the bid documents of the lowest bidder, TruGreen LandCare, and determined that the minimal bid requirements have been met. However, staff is concerned that the contract was underbid, since the scope of work for the new contract was notably increased, and this bid is 14.7 percent less than the current contract price. Nevertheless, staff is committed to working with TruGreen to successfully execute the contract specifications. Extra repair work and services covers unquantifiable activities necessary for landscape maintenance, which are not part of the landscape maintenance contract. This repair work and services includes, but is not limited to, repair and replacement of irrigation equipment; repair, maintenance and replacement of lighting equipment; emergency tree work; replacement of trees and shrubs; pest control; and accident and vandalism repair and replacement. Fiscal Analysis This is an on -going maintenance activity with no fiscal impact beyond the contract amount. Prepared By: H. enc Kniglit, ndscape Manager PAd S. Gibson, Director of Finance M. Wohlmuth, City Manager Departyhgnt,Head: Mark r enwood, .E. Direc or of Public M6 CITY AMON APPROVED DENWID RECEIVED OTHER MEET G Al -.f ' " , AYES; NOES: ABSENT: ABSTAIN: VERIFIED BY: Original on File with City erk's Office CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 1, 2012-2013 PROJECT NO.901-12, CONTRACT NO. C31520 SECTION 1: CONTRACT DOCUMENTS CONTRACTOR'S PROPOSAL SUBMISSION FORMS TOTAL BID AMOUNT AND ATTESTATION OF BIDDER TO: City of Palm Desert ("CITY") 73510 FRED WARING DRIVE PALM DESERT, CA 92260 The undersigned declares that he/she has carefully examined the Bid Tennis and Conditions, the General Terms and Conditions, the Specific Terms and Conditions, and the Attachments accompanying the Notice Inviting Sealed Bids; that he/she is thoroughly familiar with the contents thereof, and is authorized to represent the bidding firm and propose services to City of Palm Desert. It is understood that the price shown hereon includes all routine and seasonal maintenance described in the specifications. The costs of any work shown or required in the Specifications, but not specifically identified as a Contract Pay Item are included in the Contract Pay Items, and no additional compensation shall be due Contractor by virtue of Contractor's compliance with the Specifications. TOTAL TWO-YEAR CONTRACT AMOUNT OF BASE BID IN FIGURES $ 153.5-1le _ nn TOTAL TWO-YEAR CONTRACT AMOUNT OF BASE BID IN WORDS �. 1unl1rr�1 - -1,,,ld u �hrc� --l�ous��y� hunar�l �� Six Undersigned hereby acknowledges receipt of the number of Addendums circled (you MUST circle a number) 0 1 Z 3 4 5 C31520 SECTION 1, CONTRACT DOCUMENTS Page 8 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 1, 2012-2013 PROJECT NO.901-12, CONTRACT NO. C31520 SECTION l: CONTRACT DOCUMENTS CONTRACTOR'S PROPOSAL SUBMISSION FORMS NOTARY ACKNOWLEDGMENT FOR TOTAL BID AMOUNT AND ATTESTATION OF BIDDER IN WITNESS WHEREOF, CONTRACTOR executed this proposal as of date set forth in Section 1, Contract Documents, on Page 8. State of California ) County of fi U y.O 'L�1 ) OnY�t? before me, �. personally appearedUtz — l� C_k_ whn proved to me on the basis of satisfactory evidence to be the person(A whose name(�)Are subscribed to the within instrument and acknowledged to me th he! he/they executed the same i hi er/their authorized capacityjjes)and b is her/their signaturen the instrument the person( r the entity upon behalf of which the perso 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. Nww---- 0_!14m J. UNKLATE�COMM. # 1878694 NOTARY PUBLIC -CALIFORNIA �ilVERSIJE COUNTY Comm. Expl. Jan. 31, 2014 .,.. n wrMMaan�rw,��tevatvar (Seal) C31520 SECTION 1, CONTRACT DOCUMENTS Page 9 FTIRUGREEN LandCare DESIGNATION OF REPRESENTATIVE I, Letha W. Sanders, Vice President & Secretary of TruGreen LandCare L.L.C., the general partner of TRUGREEN LANDCARE, a California general partnership ("Company"), with full power and authority, do hereby authorize and direct Patrick McCay, Branch Manager, TruGreen LandCare, 1616 Marlborough, Bldg. S, Riverside, California 92507 to represent the Company to execute any and all bid documents, related contracts and documents to effectuate the terms of the contracts entered into on behalf of the Company with the City of Palm Desert, Riverside County, California for the Landscape Maintenance Areas 1, 9, 16, 17 and 18. This Designation of Representative expires at midnight on April 25, 2013. TRUGREEN LANDCARE, a California general Partnership By: TruGreen LandCare L.L.C., Its: tner C_,4 a W. fanders Vice Pre dent & Secretary 3%At Dated: April 25, 2012 •'� 5 • e:# V CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 1, 2012-2013 PROJECT NO.901-12, CONTRACT NO. C31520 SECTION 1: CONTRACT DOCUMENTS CONTRACTOR'S PROPOSAL SUBMISSION FORMS CONTRACTOR'S PROPOSAL BY BID LOCATION For each item, the averaged one -month maintenance cost shall be indicated and the total of these costs shall be extended for the term of the contract. ITEM DESCRIPTION PRICE TOTAL (MONTHLY) CONTRACT PRICE (24 MONTHS 1. Highway 111 Medians and Parkway s 2, ow. 00 $ q� 2D0, 00 2. Palm Desert Community Center at $ 00. Od $ q(6O.Ob 45480 Portola Avenue 3. Palm Desert Historical Fire Station at $ 365,00 $ '4132.0. 60 72861 ElPaseo 4. Highway 74 Medians and Parkway $ it 36 .. 06 $ 31, 5. Charger Sculpture on Hwy 74 between $ $ (. 00 $ 3 .00 El Paseo and Highway 111 6. Portola Avenue Median between $ 300.00 $ �� ,Z00.00 Chicory and Fairway Drive 7. Former Palm Desert Police Substation on $ ,Z,°j5.00 $ (ol 0. northwest corner of Highway 111 and Monterey Avenue/Hwy 74 8. Mesa View Fire Station, Mesa View Drive west of $ 3:f5.Oa $ 91 060.00 Portola Avenue 9. Smoketree Natural Area 10. Haystack Drainage Channel 11. Santa Rosa and San Jacinto National Monument $ 3i5.0 $ TOTAL $4,3gq.00 $15315'R4•00 (contract total must match total on Page 8) C31520 SECTION 1, CONTRACT DOCUMENTS pair 10 1 1 $ MV 31$ CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 1, 2012-2013 PROJECT NO.901-12, CONTRACT NO. C31520 SECTION 1: CONTRACT DOCUMENTS CONTRACTOR'S PROPOSAL SUBMISSION FORMS WORK EXPERIENCE AND TECHNICAL ABILITY OF THE BIDDER This project is located in a desert with extreme environmental conditions. Desert plant material is therefore very specialized in nature. In addition, the City of Palm Desert has adopted naturalistic pruning methods that must be followed by its landscape maintenance contractors. To be considered qualified to perform this contract, contractors must have adequate experience performing a wide range of landscape maintenance activities that include the care of desert and desert -adapted plant materials. Such levels of experience and skill are typically gained by performing contractual (12-month minimum) landscape maintenance for a public agency, for 3 of the last 5 years, and performed in areas adjacent to streets and parkways. The bidder is required to state all work of a similar character to the work described in the proposed contract, that he has performed in the last three years. In the space below, provide references with a contact person, address, and phone number for verification of said work. Bidders may attach additional pages to provide the information required by this portion of the proposal, if necessary. REFERENCES Contract Completion Amount Class of Work Date Contact Person Name See, e, U n Business Name i �t J Address Phone — — Name Business Name Address Phone Name Business Name —_- Address Ptwne CITY OF PALM DESERT C31520 SECTION 1, CONTRACT DOCUMENTS Page 11 Coachella Valley Clients for TruGreen LandCare Hyatt Grand Champions Resort, Villas and Spa 44-600 Indian Wells Lane, Indian Wells, CA 92210 Sixto Ramirez 760-674-4055 Contract $309,600.00 Marriot's Desert Springs Villas 1091 Pinehurst Lane, Palm Desert, CA 92260 Glenn Knorr 760-799-1218 Contract $537,600.00 Temple Sinai 73251 Hovley Lane West, Palm Desert, CA 92260 Toni Knorr 760-989-1207 Contract $33,600.00 Rancho Mirage Mobile Home Park 69975 Frank Sinatra Drive, Rancho Mirage, CA 92270 Scott Steiner 760-328-7664 Contract $129,888.00 Casa Victoria Senior Apartments 34445 Corregidor Drive, Cathedral City, CA 92234 Karen Archer 760-360-9015 Contract $ 21,852.00 Vista Serena Senior Apartments 1201 East Vista Chino Road, Palm Springs, CA 92262 Karen Archer 760-360-9015 Contract $ 22,872.00 Vista del Monte Senior Apartments 1207 East Vista Chino Road, Palm Springs, CA 92262 Karen Archer 760-360-9015 Contract $ 18,972.00 The Saguaro Palm Springs 1800 East Palm Canyon Drive, Palm Springs, CA 92264 Chase Banks Nationwide Verizon Nationwide LANDSCAPE MAINTENANCE AREA NO. 1, 2012-2013 PROJECT NO.901-12, CONTRACT NO. C31520 SECTION 1: CONTRACT DOCUMENTS CONTRACTOR'S PROPOSAL SUBMISSION FORMS FINANCIAL STANDING OF THE BIDDER AND STATEMENT OF RESOURCES FOR EXECUTION OF THE CONTRACT The City Council of the City of Palm Desert reserves the right to reject bids from firms that do not demonstrate adequate financial standing to execute the terms of the contract. Due to the location, size/extent and maintenance requirements of the maintenance area, bidder is required to state how it will provide the necessary maintenance and services in the specifications. State the estimated manpower your company will use each week to fulfill the contract. Include supervision, irrigation and general labor sub -categories. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may also be required by CITY. C31520 SECTION 1, CONTRACT DOCUMENTS page 12 Statement of Resources for Execution of the Contract Through successful acquisition of many of the top landscape and tree companies across the United States, TruGreen LandCare has emerged as the largest and best provider of commercial, residential and government landscape services in America today. In 1998, TruGreen ChemLawn acquired several premier landscape companies throughout the United States forming its Landscape Division. With the acquisition of LandCare USA in 1999, this division became a separate entity within ServiceMaster known as TruGreen LandCare. As the national leader in comprehensive landscaping, our approach of having local branches across the country to offer specialized care with increased awareness on customer service and increasing the industry standards. Our premier team includes landscape specialist, certified arborist, water technicians and certified horticulturists distinguish us from other companies. Our employees have decades of experience in the business and carry the highest certifications in the industry. Safety training, state-of-the-art equipment and two leading research and development facilities give us the resources we need to deliver horticulturally based, environmentally sound products and methods for the latest in landscape management. Our local branches have been providing comprehensive landscape management programs to Municipalities over 25 years. TruGreen LandCare specializes in serving large cities and our current portfolio includes the cities of Rancho Cucamonga, Oceanside, Moreno Valley, Santa Monica, Covina, and various contracts with County of Los Angeles. We are a quality -oriented company that offers full service for your complete landscape needs. By formulating a Pro - Active Maintenance Plan, directed by knowledgeable supervision, I feel we can provide the City of Palm Desert with a highly detailed maintenance and water management program at a competitive price. Some of the benefits you will receive by using the services of TruGreen LandCare are: • An experienced staff of employees that will be dedicated to your city • Area Manager with extensive experience in Landscape Maintenance • Strong emphasis on a Complete Water Management Program • Excellent communication and strong management of personnel • 24 hours, 7 days a week emergency service • Specialized departments to assist onsite crews: o Arbor Care Division with 4 Arborists and over 30 certified tree workers o Pest Control Department o Customer Service Department o Degreed Ornamental Horticulturists Manpower — Landscape Maintenance Area NO 01 2012-2013 1 — Area Manager 1 — Supervisor — 40 hrs p/week 1 — Irrigator — 20 hrs p/week 1 — Laborer — 40 hrs p/week CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 1, 2012-2013 PROJECT NO.901-12, CONTRACT NO. C31520 SECTION 1: CONTRACT DOCUMENTS CONTRACTOR'S PROPOSAL SUBMISSION FORMS BIDDER INFORMATION The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Physical Address (2) Mailing Addre (3) Telephone No. (4) Type of Firm (Individual, Partnership or Corporation) (5) Corporation organized under the laws of the State of (6) City of Palm Desert Business License No. (7) C-27 Contractor's License No. Exp. Date —4uj�-- (8) List the names and addresses of all OWNERs of the firm or names and titles of all officers of the corporation: ;� Y hYP�i'1 a,ndl►aYQ, LL.C. ` //��gjj,8 I ,i'1P nV, ?A1Yi1 VMj (9) Number of years experience as a Contractor +jh (yqu I a r)5 (10) Number of years experience with municipal landscape maintenance contracts 30 4 (11) California State Pest Control Applicators License (QAL) for chemical applications category B License Number) and N� e of Licensed Personnel: �1AAR11 Imo. AAIAr IrAl-91 (12) Local Office Address: Phone: (_95)) (As - L ggl� C31520 SECTION 1, CONTRACT DOCUMENTS page 13 (13) Emergency Contact Person Name and Phone (14) List the names and addresses of each subcontractor who will perform work related to this contract and indicate what portion of the work will be done by each subcontractor. (If more than one subcontractor, please check the box below and list all subcontractors on a separate sheet.) ❑ See Subcontractor List on Separate Sheet Subcontractor's Name: None, License Number: Address: Telephone: Work to be performed: (1 S) L' the name of th per on who inspected the site of the proposed work for your firm — (16) This bid was prepared by: Name (print) Signature f.AWLl Telephone i -ID (17) Contact person: lt}'fiC� MC� Name (print) Telephone Contractor hereby swears under penalty of perjury that the information provided is true and con eet fd Title: Bnr ,x %tnm v Contractor C31520 SECTION 1, CONTRACT DOCUMENTS paw i4 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 1, 2012-2013 PROJECT NO.901-12, CONTRACT NO. C31520 SECTION 1: CONTRACT DOCUMENTS CONTRACTOR'S PROPOSAL SUBMISSION FORMS NONCOLLUSION DECLARATION To Be Executed by Bidder and Submitted with Bid The undersigned declares: Iamthe--Cl►A 1mama of-Iru6rePn WII &rl the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. J declare under penalty of perjury under the laws of the St to of California that the foregoing is true andi, rrect and that this declaration is executed on , 2012, at e C.ja r'tY State Signature ?-M-ri cK .Printed Name C31520 SECTION 1, CONTRACT DOCUMENTS page 15 C.[1`YP OF PAi.M PERT r�c�rx�r� - t��+rt�,a�r�►� SyrrWN a: CONTRACrDOCUMSM. 1. w! wl 1 kM i yy i'M b y 4 I! f ■ 9 I i :1 I W15TIN12 7td we,, i as Pti d as Sw ty, ale hdd and $majy bMO&Mto City ofPahn fft() in the s ' Of S Ten Percent of Total Amount Bid_ (t Of rinc#W's bid t0 be p4id to dw solid. Owed r or ObUift SMXMY, its guoms= and Saigm; fiw which parbal, WeE Md Wy to be M de, we bW o=vdva, our Wr4 =gym wd stun uisia�6t s,z=awn cw assigns, �mfly and s iy, .y by thm promft TruGreen LandCare, a California General Partnership ce � fb' � +� w is #' # iYr; Pr .� a a r YY►:: 1 �.a IAND6CAM MAMENAI CE AMA 1: Tha Spawal ikus of w+aik to be hmowder c of but Arita not Hntited to: 1 m in i fim hodwape, and. h IUwww8n &W dgM April 25, 2012 is upp* by pity of Palm Nam% and if Ow eibnvc br mko P '(See Below _ sbaU dull► at= iutD: a dd cascute u mdraa for Mich waWoctivl, Wd SUU mecute the Pftfh 1 nd PqMeW Bmd mid kwaram catficIbo as raqwred by:uaa+d coubull, idm t on sW become nvU wd void; o&crwist it A& bo a >amaick in M kne wd tfiba Y1 i :Yt,l1,: f.:.4 1'. 9Y 1'..a fPi. ! 1 :r Jk Y!tr:, -. F'tirw. Yltl' fl ^I ,.t, b y 1e.:y{ iY 1 'ta".{ uc Y 0.1 1 1q/a.; 1 T:S O 4 bA : P; Y 1 1 1 ;fP 1:51{ = A.:.:. 1 Y— `.I i =1 ' TruGreen LandCare, a California General Partnership IN WITNESS WHEMF, We hagwrito gat ourjimxis ad Seab this 24th 2 Y of 1�- CUntMCW*,S NUMV TruGreen LandCare, a California General Partnership Heather Win, Attorney -in -Fact 1616 Marlborough Ave., Bldg S, Riverside, CA 92507 Tseph (951)_688-6880 # Liberty Mutual In SU 's si C ' Tides Paul Boucher, Attorney -in -Fact AMP = 790 The City Drive South, Suite 200, Los Angeles, CA 92868 (714)634-5714 Los Angeles i April 24, 2012 Mister Dawn Wright, NotarX Public aU oucher who promd totm an of adMactury to be the PMOOS) Mme Mn*) WOO VAOXYMOI W ft ttalptist 11111IMNilEW4 OW ar krOMOdW to ma #W NAWAOW croar cube d the Sam In ht&MOAfttr auuxrtwd copec*#We WW that by ttilalber>"lhatr a%inskolv(an ttte Vollruarw t to perms, or the w ift urm boW of whlth to pwaoin(acted. executed the kahumart t undar PE+tlY TY OF Pt R.t JRY under droll lam Of V* StAft of C,ttgaft Batt the kV pomarWh is Vw and atwy+ & Wift+tM my !rand sod offseal. ,�. MiSTY DAWN WRIGHT w ' COS4lfA. #1898716 m bti 64��" � ;�j tuflsrynU331iCCakiOt�le� � tr35+MJLVE$ LY24,Y Jilw■rw' '' �' Convn. gip• JUI.Y 24. 201+4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I ............ a�',�\, �'' �X-er d, ,S,• , ev' e� `:•r er• v� ea �- e7 STATE OF CALIFORNIA County of LOS ANGELES On APRIL 24, 2012 before me, MISTY DAWN WRIGHT, NOTARY PUBLIC ....................................................— iiate Here Insert Name and Title of the Officer personally appeared _HEATHER WIN •- fi;`':! c ur a forsr HT � � yF��/(a1�L,�-.0 lr/3/(i�r,O�t-ri?�i! S: Y..� 7` �QC.�i.'Y+ CJ WS i.Ml=[r•% cex n. 4.,;t11m Zrk Place Notary Seal Above Name(a of e n Sig < .,..,_... r(s) who proved to me on the basis of satisfactory evidence to be the person() whose name(M) isM subscribed to the within instrument and acknowledged to me that jWshe/` executed the same in M/her/i�r authorized capacity(''M�), and that by MherAM signaturep on the instrumentMe person*, or the entity upon behalf of which the personlM acted, executed the instrument. 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 Signature of Notary Pbblic MISTY DAWN WRIGHT OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _BI.Q.BOND.................................. Document Date:_APRIL 24, 2012 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ITUbpof thumb here ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact OF SIGNER ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9360 Do Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NOonalNotaryorg Item k5907 Reorder: Call Toll -Free 1-800.876-6827 �z POWER OF ATTORNEY TruGreen LandCare L.L.C. ("TruGreen"), a Delaware Limited Liability Company, with its principal place of business located at 9416 Doctor Perry Road, Ijamsville, Maryland 21754, and a Federal Employer Identification Number of 36-4313318, hereby constitutes and appoints, jointly and severally, the employees of Lockton Insurance Brokers LLC ("Lockton' identified below, as its true and lawful attorney -in -fact, to execute all surety bonds with a face amount of up to $1,000,000 issued on behalf of TruGreen or any of TruGreen's direct and/or indirect subsidiaries as set forth herein. EMPLOYEE LOCATION Paul Boucher Lockton Insurance Brokers LLC-Los Angeles Jaiuna Monroe Lockton Insurance Brokers LLC-Irvine Jeremy Yeung Lockton Insurance Brokers LLC-Los Angeles Alan M. Weiss Lockton Insurance Brokers LLC-Los Angeles Richard A. Roderick Lockton Insurance Brokers LLC-Los Angeles Heather Win Lockton Insurance Brokers LLC-Los Angeles Misty Wright Lockton Insurance Brokers LLC-Los Angeles Debra J. Scarborough Lockton Insurance Brokers LLC-Kansas City Christy M. McCart Lockton Insurance Brokers LLC-Kansas City This Power of Attorney shall become effective upon the signing of this document and shall remain in effect until terminated by either party upon ten (10) days' written notice. This Power of Attorney shall include the following direct and indirect subsidiaries of TruGreen and any and all direct and/or indirect subsidiaries that are acquired or formed by TruGreen after the execution of this Power of Attorney. SUBSIDIARIES TruGreen LandCare, a California General Partnership TruGreen LandCare of Nevada L.L.C. TruGreen LandCare of Alabama L.L.C. Minnesota Lawn Maintenance, Inc. FEDERAL EMPLOYER IDENTIPICXIION NUMBER 36-4313318 36-4345959 36-4345958 41-1766873 IN WITNESS WHEREOF, the individual signing below affirms his/her authority to sign this Power Of Attorney on behalf of TruGreen LandCare L.L.C. and to grant the powers contained herein. Dated this (o th day of October, 20,1E _ TruGreen�,andCare L.C. By: Mac McIlvricd, President & CEO (Signature to be notarised) STATE OF MARYLAND) COUNTY OF FREDERICK) On this 6 t-� day of October, 2011, before me, the undersigned Notary Public for said State and County, personally appeared MAC MCILVRIED, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence) and who, upon oath, acknowledged himself to be the President and CEO of TRUGREEN LANDCARE L.L.C., the within named bargainor, a Delaware Limited Liability Company, and that he as such President and CEO, being authorized so to do, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal�G?iYLG' Notary Public My Commission Expires:_ Zc` o� -NANCY POPE SEAL. Notary Public Frederick Co., MD y'F e�i.v My Comm. Exps. Aug. 4, 2015 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 2969280 O O. .o Y N d 3 16.� vy CM d> �O � �fA O i ai O 00 0)d t EE L 0 �d Z This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint PAUL BOUCHER, JANINA MONROE, THOMAS G. MCCALL, JEREMY YEUNG, ALL OF THE CITY OF LOS ANGELES, STATEOF CALIFORNIA.... ................................................................ ........ ................................................... ............................................................................................................................................................................................... each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND 00/100****`"*******************«* **++ *************** DOLLARS ($ 50,0 .000.00*******-**** ******** ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 21 st day of June 2010 LIBERTY MUTUAL INSURANCE COMPANY w � �j Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OFMONTGOMERY On this 21 st day of June 2010 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH first above written. 4 OF CERTIFICATE subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year LOMMOfv'wEA la OF PENNSYLVANIA Notarial s„m t By Terem R38',Mla, Nowry P.,Wc RyrtEouph Trep., Mortlgarna,y Goun!y My cw&� M.Mh 26N18 Ter sa Pastella, Notary Public INa &" Pa!vt V'w A G N.Wi- I, the undersigned, Assistan-Secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY I�ER , I have hereunto subscribed my name and affixed the corporate seal of the said company, this day of By Davi M. Carey, Ass' t Secretary R � wH N N W E E 00 aM 64 N C 3� of aM H to w � O E k 001 al d� EN =� '_ 15 `O r r MD M - k :1 i riff REQUESTED REVISIONS To CITY OF PALM DESERT - REQUEST FOR BIDS LANDSCAPE MAINTENANCE AREA NO. PROJECT NO. 90 i'-►; i CONTRACT NO. TruGreen LandCare respectfully request the following provisions of the Post -Award Contract Documents Agreement and Specifications be modified as follows: Modify HOLD HARMLESS AND INDEMNIFICATION of the Agreement to read as follows: Contractor agrees to defend, indemnify, and hold harmless City of Palm Desert and its officials, employees, 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, but only to the extent caused by the nestlioence of Contractor. The Contractor shall thoroughly investigate any and all claims and indemnify City and do whatever is necessary to protect City of Palm Desert and its officials, employees and agents as to any such claims, lawsuits, liabilities or damages. 2. Modify the first and second sentences in the TERMINATION of the Agreement to read as follows: 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 seven-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 seven M days specified in the notice, such shag constitute a breach of this Agreement and City may terminate this Agreement Immediately by written notice to Contractor to said effect. 3. Delete the first, second and third paragraphs in INDEMNIFICATION of the General Terms and Conditions and replace with the following: To the full extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and its employees, agents, and officials, from any liability, claims, suits, actions, arbitrations, proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by the City, court costs, interest, defense costs (including expert witness fees), and any other costs or expenses of any kind whatsoever incurred in relation to, as a consequence of, or arising out of, or in any way attributable in whole or in part to the performance of this Agreement, but only to the extent of Contractor's neallaence in connection therewith. The Contractor shall thoroughly investigate any and all claims and indemnify City and do whatever is necessary to protect City of Palm Desert and its officials, employees and agents as to any such claims, lawsuits, liabilities or damages. Without affecting the rights of the City under any provision of this Agreement or this section, Contractor shall not be required to indemnify and hold harmless the City as set forth above, for liability attributable to the extent caused by any indemnified party. 11VagC 4. Modify the INSURANCE of the General Terms and Conditions to include the following: • The above limits may be met through the addition of Umbrelia/Excess Policy Limits. The above -requested modifications will not impact the services to be provided by TruGreen LandCare under the resulting contract nor affect any contract costs, scheduling or other considerations, if awarded the work. The modifications to the hold harmlesslindemnification provisions are intended to be fair to both parties and to more evenly distribute the liability under the terms of the resulting contract. TRUGREEN LAN�DnC�►A,R,EE Q BY. TITLE:P�A+IL'�j.E1C- DATE:�� l� 2 1 P Contract No. C31520 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 1, 2012-2013 PROJECT NO.901-12, CONTRACT NO. C31520 CONTRACT DOCUMENTS AGREEMENT This AGREEMENT is made and entered into this 24th day of May 2012, by and between City of Palm Desert, California, hereafter called "Owner" "City" or "Agent" and TruGreen LandCare hereinafter called "Contractor." WITNESSETH: WHEREAS, on March 28, 2012 , 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; and WHEREAS, Contractor has re-examined its Bid Proposal and found it to be correct, 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, 2012, through June 30, 2014, 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 Fifty -Three Thousand Five Hundred Seventy -Six Dollars ($153,576) 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 and its officials, employees, 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 and its officials, employees, and agents as to any such claims, lawsuits, liabilities or damages. C31520 SECTION 1, CONTRACT DOCUMENTS Page 1 Contract No. C31520 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; Attachments; Exhibits; Addendum Nos. 1 ; Change Orders; additional or supplemental specifications, drawing, maps or diagrams; and City - issued forms relating to this project, are hereby incorporated in and made a part of this Agreement. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. ANTI -DISCRIMINATION. In the performance of the terms of this Agreement, Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. AUDIT. City shall have the option of inspecting and/or auditing all records and other written material used by Contractor in preparing its statements to City as a condition precedent to any payment to Contractor. C31520 SECTION 1, CONTRACT DOCUMENTS Page 2 Contract No. C31520 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 -5 10 Fred Waring Drive Palm Desert, CA 92260 To Contractor: TruGreen LandCare 1616 Marlborough Ave., Bldg S Riverside. CA 92507 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 ROBERT A. SPIEGEL, 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 TRUGREEN LANDCARE Contractor APPROVED AS TO CONTENT: MARK GREENWOOD, P .E. DIRECTOR OF PUBLIC WORKS C31520 SECTION 1, CONTRACT DOCUMENTS Page 3 Contract No. C31520 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) C31520 SECTION 1, CONTRACT DOCUMENTS Page 4 Contract No. C31.520 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 1, 2012-2013 PROJECT NO.901-12, CONTRACT NO. C31520 CONTRACT DOCUMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas City of Palm Desert has awarded to TruGreen LandCare (hereinafter designated as "Principal"), a contract for: LANDSCAPE MAINTENANCE AREA 1 PROJECT NO.901-12 CONTRACT NO. C31520 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 Fifty - Three Thousand Five Hundred Seventy Six Dollars ($153,576), 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 officials, employees, 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. C31520 SECTION 1, CONTRACT DOCUMENTS Page 6 Contract No. C31520 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 C31520 SECTION 1, CONTRACT DOCUMENTS Page 6 Contract No. C31520 CITY OF PALM DESERT LANDSCAPE MAINTENANCE AREA NO. 19 2012-2013 PROJECT NO.901-12, CONTRACT NO. C31520 CONTRACT DOCUMENTS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to TruGreen LandCarc (hereinafter designated as "Contractor"), an agreement dated and described as follows: LANDSCAPE MAINTENANCE AREA NO. 1 PROJECT NO. 901-12, CONTRACT NO. C31520, (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 Fifty -Three Thousand Five Hundred Seventy -Six Dollars ($153,576), 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. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, C31520 SECTION 1, CONTRACT DOCUMENTS Page 7 Contract No. C31520 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 , 20 PRINCIPAL/Contractor: (Typed Name of Contractor) By: (Signature) (Typed Name and Title) SURETY: (Typed Name of Surety) I0 (Signature of Attorney -in -Fact) day of (Typed Name of Attorney -in -Fact) The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (the above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California 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) C31520 SECTION 1, CONTRACT DOCUMENTS Page 8 i PAKn VIC" .... ¢ J dD� rM a a N FRED WARING DR 4 4 JO FRED WARING DR C C 4 Z 2 Q y h W > W C 3 DE ANZA WAY p SAN GORGONIO WAY ALESSANDRO DR _ TkX °ASEO EL PASEO Jy EL PASEO C A v 1 PITAHAygST V ��DR W O �g FAIRWAY OR y� C O < / Q a v toGRAPEVI NE ST O / BURSERA WAY Q Z O IK 4 HA YSTAQD MESA VIEW DR /+/- 1,390,390 SQ FT This number is an estimate and the city makes no statement as to the accuracy the number. Field verify. J� PORTO1-PQ' "REVISED" LANDSCAPE AREA 1 LEGEND - LMA 1 Palm Desert Parcels City Boundary NI