Pink, Inc/Rondo Drainage 00SECTION 1300
AGREEMENT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to
as "City," and Pink ,Inc., herein referred to as, "Contractor."
WITNE5SETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for
Project No. 98-11-A, Calle Rondo Channel Landscape Improvements, in the City of La Quinta, California pursuant
to the Invitation to Bid, dated June 20, 2000, the project Specifications, and Contractor's Bid, dated July 14, 2000, all
of which documents shall be considered a part hereof as though fully set herein.
Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications,
or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that
order of precedence. The time frames for construction work shall be in accordance with those specified in the
Contractor's Bid.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are,
as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the City Engineer
4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have
all work completed within 30 Consecutive Calendar Days from the date of Notification to Proceed.
5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the
City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration of Forty Nine
Thousand, Four Hundred and Eighty Eight Dollars and Zero Cents ( $49,488.00 ). All payments shall be subject
to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in
the Specifications.
6. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety
satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor.
7. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false,
fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member
thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits,
claims, damages, costs, judgements and expenses (including attorney's fees and costs of litigation) which in whole or
in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any
injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation,
professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the
performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including
death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade
secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or
corporations, Contractor and its employees or agents, and members of the general public).
8. Except as otherwise required, Contractor shall concurrently with the execution of this contract,
furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications.
This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon
shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional
Agreement 1300-1
written notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence of having
in effect, and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or
otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of
California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract
shall constitute a material breach of this Contract.
9. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed
in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein
mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work
at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one
calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California.
10. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the
right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed,
color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the
California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding
by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in
any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00
liquidated damages for each such breach committed under this contract.
11. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days
duration, that apprentices will be employed without discrimination in an approved program in a ratio established in
the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors
who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to
other penalties provided by law.
12. This Contract shall not be assignable by Contractor without the written consent of City. .
13. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed
completed.
14. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation
is an officer or employee of the City except to the extent permitted by law.
15. Contractor certifies that it is the holder of any necessary California State Contractor's License and
authorized to undertake the above work.
16. The City, or its authorized auditors or representatives, shall have access to and the right to audit and
reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to
which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under
the Contract or for other purposes relating to the Contract.
17. The Contractor shall maintain and preserve all such records for a period of at least three years after
termination of the contract.
18. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall,
upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred
in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the
City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.
19. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents,
each of which is by this reference made a part hereof.
Agreement 1300-2
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.
Dated:
ATTEST:
al�t� -(2� 4
J e S.,jAreek, City Clerk
APPROVED AS TO FORM:
n� N ��- -
Cit A orney
Dated: O �•G+G O
Dated: tL t L-2,,,-a1)
"CITY"
CITY OF LA QUINTA,
a California municipal corporation
(�& (a am- j
Dated: $ -/ g. a000
Dated: - 'Y�
"CONTRACTOR"
(If corporation, affix seal)
Agreement 1300-3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of e ri �, 't'� ss.
On 4 h • /'7 a a before me, RILLIA R, CRAY, NOTARY PUBLIC
Date I _ Name and Title of Officer (e.cy, "Jane Doe, Notary Public")
personally appeared � 'eR 4 I't -P
OFFICIAL SEAL
: RILLIA R. CRAY
cc NOTARY PUBLIC•CALIFORNIA�
ON DIEGO COUNTY
SA
°`'�•'' MY COMM. EXP. JULY 25, 2002
❑ personally known to me
,PQroved to me on the basis of satisfactory
evidence
to be the person whose name( is/94
subscribed to the within instrument and
acknowledged to me th t h�she/tP4 executed
the same in h her/thX authorized
capacity), and that by F�/her/thgf
signatur fit) on the instrument the person(, or
the entity upon behalf of which the personal
acted, executed the instrument.
WITNESS my hand and official seal.
0. &04�
Place Notary Seal Above Signature of Rotary Public
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 Docume
Title or Type of Document: /%-e'r 1h
Document Date: D / rNumber of Pages:
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer
Signer's Name:
.❑ InV.
!dt /
am Corporate Officer — Title(s): . �� 5
Top of thumb here
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
FILIAL GGFoTf1BjT PRICE
SECTION 1310
BOND# 1404257 FAECOM PERFORMANCE SM PREMIUM: $11,113.00
I aM IN 2 ORIGINALS
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quints, a mautiei* corporation, he=a for designated the City, has, on August 1,2000,
awarded to PhtRk, bw-, hereutaffier designated as the Principal, a Contract for Cart Rondo Drainage Chauud
Landwqw Isprovemeau, project "41-A, and
WHEREAS, said Prinei* is required under the terms of said Contract to furnish a bond for the faithful
performance of said Contract:
NOW, SORE, we, the principal, and SURETY COMPANY OF 1IIC PACIFIC , as Surety, are
hem and &mty bound utto the City in ft jt* anal fall amount of Forty Nine 72"n8d, Farr Hundred sad EigbO
Eigdt Donets and Zwe Ceps (S +9AM-00) lawful money of the United States, >hr the payment of which sum well
and truly to be made, we bind ourselves, our heirs, c7cMAO", administrators, and awacuors, ld 3` may,
firmly by these Pub.
THE CONDPPION OF THIS OBLIGATION 1S SUCH, that if said Principal, bis or its baits, e7oeMWM
a�imatrators, momtats, or assigns, shall in all things stand to and abide by, and well and ttuiy keep and faithfully
pefftm the CDVeOV^ aonddioffi, and agreements in the said Contf3a and any ahem 00 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
a000rdiag to their trot intent and me ww., and shall indemnify and save harmless, the City, its officers and agents
as therein stipulated then this obligation shall bewme mull and void; otherwise it shall be and remain in full force and
virtue.
It is admowledged that the Contract provides for one-year gi►azantee mod, dtong Which time this bond
remains in fall farce and effort.
And the said Surety, for value teceived, hereby stipulates and agrees that no change, extension of tithe,
alteration, or addition to the terms of the Contract or to the work to be performed tbartaader or the moons
a000mpaaying the same shall, in any way, affect its obligations on this bond. and it does hereby waive notice of any
such chop, exftnsioa of time, alteration, or addition to the terms of the Contract or to the work Or to the
spelfimWm, Said Surety hereby waives the provmons of Sections 2919 and 2845 of the Civil Code of the State of
California.
t�
Fda t lw aromam Now
_ BOND# W04257 _.
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this
LOTH day of AHMI..W , 2000, the name and corporate seal of each corporate party
being hereto affixed and these presents duly signed by its undersigned representative, pumuant to authority of its
governing body.
PINK, INC.
a
(Seal)
Signature for Principal
VII
Title of Signatory
SURETY COMPANY OF THE PACIFIC
Surety
(Sea)
Signature f Surety
GEORGE PEATE, ATTORNEY -IN -FACT
Title of Signatory
6345 BALBOA BLVD. BLDG. 2. ENCINO, CA 91316
Address of Surety
(818)609-9232
Phone # of Surety
GEORGE PEATE
Contact Person For Surety
FmIt W Performance Bond 1300-5
CAI IFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On AUG 1 0 2000 before me, STACEY L. GARCIA NOTARY PUBLIC
NAME, TITLE OF OFFICER
DATE
GEORGE PEATE
personally appeared
NAME(S) OF SIGNER(S)
® personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) 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
,. Srac�v c���(p signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
Z Notcsy Public -, Cafifornici
Z Los Angeles County executed the instrument.
MyC.omm. Bq*m Am 14,2004 `
WITNESS my hand and official seal.
r
SIG AT OF NOTAR
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
DESCRIPTION OF ATTACHED
CAPACITY CLAIMED BY SIGNER DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
X ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SURETY COMPANY
OF THE PACIFIC
BOND# M104257
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
SURETY COMPANY of the PACIFIC
S _
CP
6345 BALBOA BOULEVARD, BUILDING 2, SUITE 325, ENCINO, CALIFORNIA 91316-1517
REPLY TO: POST OFFICE BOX 10289, VAN NUYS, CALIFORNIA 91410-0289
Since 1969 PHONE: (818) 609-9232
POWER OF ATTORNEY
NOTICE: 1. This Power of Attorney is void if altered or if any portion is erased.
2. This Power of Attorney is void unless the seal is readable.
KNOW ALL MEN BY THESE PRESENTS:
That, SURETY COMPANY OF THE PACIFIC, by Montgomery Erwin its Chairman/President, in pursuance of authority
granted by Resolution of its Board of Directors at a meeting called and held on the 23rd day of January, 1969, which said Resolution
has not been amended or rescinded and of which the following is a true, full and complete copy:
"RESOLVED: That the President or any Vice -President may from time to time appoint Attorneys -in -Fact to
represent and act for and on behalf of the Company, and either the President or any Vice -President, the Board of
Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of
Attorney given him or her; and be it further
"RESOLVED: That the Attorneys -in -Fact may be given full power to execute for and in the name of and on behalf
of the Company any and all bonds and undertakings as the business of the Company may require, and any such
bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed
by the President and sealed and attested by the Secretary. "
does hereby nominate, constitute and appoint GEORGE PEATE, of ENCINO, California, its true and lawful Attorney -in -Fact, to
make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed: Any and all bonds and undertakings not to
exceed One Million Five Hundred Thousand Dollars ($1,500,000.00).
IN WITNESS WHEREOF the said Chairman/President has hereunto subscribed his name and affixed the corporate seal of
the said SURETY COMPANY OF THE PACIFIC, this 6th day of August A.D., 1997.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
SURETY COMPANY OF THE PACIFIC
By �-�
Montgomery Erwin, Chairman/President
On this 6th day of August A.D., 1997, before the subscriber, a Notary Public of the State of California, in and for the
County of Los Angeles, duly commissioned and qualified, came the above named Montgomery Erwin, Chairman/President, of
SURETY COMPANY OF THE PACIFIC, to me personally known to be the individual and officer described in and who executed
the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he
is the said officer of the Corporation aforesaid, and that the seal affixed to the nrecedine instrument is the rnmnrntP 4ZP21 of ►hP 4z.,;14
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of S'�,I ��,� �' ss.
On AM!
n�dbefore me, RILLIA R. CRAY, NOTARY PUBLIC
` i� ,
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared YW0Q/!%! SIC "'c//% 8 .1 d ,9 ?
Name(s) of Sioner(s)
-------------------
` OFFICIAL SEAL
RILLIA R. CRAY
NOTARY PUBLIC•CALIFORNIAg
or COMM. NO. 1190476
SAN COUNTY
MY COMMIEGE P� ULLY 25, 2002
❑ ersonally known to me
proved to me on the basis of satisfactory
evidence
to be the perso) whose name is�
subscribed to the within instrument and
acknowledged to me that/she/thV-executed
the same in IYs/her/tXr authorized
capacity/s), and that by hX/her/they
signatur ( on the instrument the person(KI or
the entit)( upon behalf of which the perso50
acted, executed the instrument.
WIT SS my hand and offic' I sea
Place Notary Seal Above Signature of Notary Public
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: r ,! �l�tY '��'(��//!Z K C.o A�"""7
Document Date: BV1 K I a V
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
Number of Pages:
❑ Individual
�porate Officer — Title(s): (/ , /Pews Top of thumb here
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: �!' �i lie CIF
'
0 1999 National Notary Association - 9350 be Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
SECTION 1320�c �a urcu, r Eu
BOND# M104257 PAYMENT BOND PREMIUM: INCLUDED
EXECUTED IN 2 ORIGINALS
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on August 1,
2000, awarded to Pink, Inc., hereinafter designated as the Principal, a Contract for Calle Rondo Drainage Channel
Landscape Improvements, Project 98-11-A, and
WHEREAS, said principal is required to furnish a bond in connection and with said Contract, providing that
if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used
in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any
kind, the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and SURETY COMPANY OF T IF PACTFTC , as Surety,
are held and firmly bound unto the City in the just and full amount of Forty Nine Thousand, Four Hundred and
Eighty Eight Dollars and Zero Cents ( S49,488.00 ) lawful money of the United States, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors,
administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon,
for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for
amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or
to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect
to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount heremabove set
forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be
fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section
3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit
brought upon this bond
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications
accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any
change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications.
Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
1300-6
Payment Bond
BOND# M104257
IN WITNESS WHMEOF, the Principal and Surety have executed this instrument under their
seals this ],OTF4_ day of AUGUST 2000, the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to
authority of its governing body.
PINK. INC.
(Seal) kPrincipal n
Signature for Principal nr
L-10
of Signatory
SURETY COMPANY OF THE PAT T
Surety
(Seal)
Signature fo urety
GEORGE PEATE, AMRNEY-IN-FACT
Title of Signatory
6345 BALBOA BLVD. BLDG. 2 ENC,T_NO. A 91�16
Address of Surety
(818)609-9232
Phone # of Surety
GEORGE P ATE
Contact Person For Surety
Payment Bond 1300-7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On AUG 10 2000 before me, STACEY L. GARCIA, NOTARY PUBLIC
DATE NAME, TITLE OF OFFICER
personally appeared GEORGE PEATE
NAME(S) OF SIGNER(S)
® personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) 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
a 4TACEY L GA, signature(s) on the instrument the person(s), or the
Commis!aontf 1264119
Notay, pcu;c.. Carfc)rruci entity upon behalf of which the person(s) acted,
Lw Angeles County' - executed the instrument.
►vly Comm. 6gbes Jun 14, 2DN
WITNESS my hand and official seal.
SI A RE OF NOT Y
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S)
■
■
■
TITLE(S)
❑ LIMITED
❑ GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SURETY COMPANY
OF THE PACIFIC
DESCRIPTION OF ATTACHED
DOCUMENT
BOMf W04257
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
RRETY COMPANY of the PACIFIC
SO 6345 BALBOA BOULEVARD, BUILDING 2, SUITE 325 E NCINO, CALIFORNIA 91316-1517
REPLY TO: POST OFFICE BOX 10289, VAN NUYS, CALIFORNIA 91410-0289
PHONE: (818) 609-9232
Since 1969 POWER OF ArfORNEY
NOTICE: 1. This Power of Attorney is void if altered or if any portion is erased.
2. This Power of Attorney is void unless the seal is readable.
KNOW ALL MEN BY THESE PRESENTS:
That, SURETY COMPANY OF THE PACIFIC, by Montgomery Erwin its Chairman/President, in pursuance of authority
granted by Resolution of its Board of Directors at a meeting called and held on the 23rd day of January, 1969, which said Resolution
has not been amended or rescinded and of which the following is a true, full and complete copy:
"RESOLVED: That the President or any Vice -President may from time to time appoint Attorneys -in -Fact to
represent and act for and on behalf of the Company, and either the President or any Vice -President, the Board of
Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of
Attorney given him or her; and be it further
"RESOLVED: That the Attorneys -in -Fact may be given full power to execute for and in the name of and on behalf
of the Company any and all bonds and undertakings as the business of the Company may require, and any such
bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed
by the President and sealed and attested by the Secretary."
does hereby nominate, constitute and appoint GEORGE PEATE, of ENCINO, California, its true and lawful Attorney -in -Fact, to
make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed: Any and all bonds and undertakings not to
exceed One Million Five Hundred Thousand Dollars ($1,500,000.00).
IN WITNESS WHEREOF the said Chairman/President has hereunto subscribed his name and affixed the corporate seal of
the said SURETY COMPANY OF THE PACIFIC, this 6th day of August A.D., 1997.
SURETY COMPANY OF THE PACIFIC
By
�-�.---STATE OF CALIFORNIA Montgomery Erwin, Chairman/President
)
COUNTY OF LOS ANGELES )ss
n- ♦h;. l.A+ A.•.. ,.F A•...—. A r% Inn-7 L..0 -- •L- -._L--mot_- _ ter_._-_ It _Lr]_ _� .>__ n.___ _c �_,•r_ __ _ _ _ _ � � .•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 5z p q
r ss.
�/ RILLIA R. CRAY, NOTARY PUBLIC
On tt 7 000 )before me,
91 Date I Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared c A n 'Q 01& /% at, y ge Z
Name(s) of Signer(s)
• OFFICIAL SEAL
• RILLIA R. CRAY
• NOTARY PUBLIC-CALIFORNIAg
COMM. NO. 1190476
MYSAN DIEGO COUNTY
COMM. EXP. JULY 25, 2002
❑ ersonally known to me
proved to me on the basis of satisfactory
Kdence
to be the personA whose name44 is/ard
subscribed to the within instrument and
acknowledged to me that ICE/she/thWexecuted
the same in Vs/her/thpf authorized
capacity(, and that by k4her/thef
signature3A on the instrument the person(, or
the enti y upon behalf of which the person
acted, executed the instrument.
WIT ES S my� hand and off' se
Place Notary Seal Above Signature of Notary FRiblic
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
Title or Type of Document: _
Q- i
Document Date: C� �y ��
Signer(s) Other Than Named Above:
K/r3dA
Number of Pages:
Capacity(ies) Claimed by Signer
Sign ame: : • -
Individual V. Ff ev • Top of thumb here
Corporate Officer — Title(s):
El Partner — ❑ Limited El General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
SECTION 1330
WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the
Contractor shall sign and file with the City the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to
be insured against liability for workers' compensation or to undertake self-insurance in accordance
with the provisions of that code, and I will comply with such provisions before commencing the
performance of the work of this contract."
Signature
itle
F11,012-002)
Date
Workers' Compensation Insurance 1300-8
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CONTRACT: Cabe Rondo Channel
Landscape Improvements
CONTRACTOR: Pink, Inc.
P.O. Boa 1012
Palm Desert, Ca. 92261-1012
CONTRACT CHANGE ORDER NO. 1
Sheet 1 of 2
PROJECT NO. 98-11-A
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Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the
following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform
to the terms, general conditions, and special provisions of the original Contract.
DESCRIPTION OF CHANGE
Additional price to install overseeded Bermuda 328 Sod at S.055/sf, in lieu of non-overseeded Bermuda 328 Sod. Price S 1,925.00
Additional labor and material to install weed preventative fabric at $.10/sf, under Decomposed Granite areas Price $ 459.00
Total Price S 2.384.00
Previous Contract Amount Through Change Order No. 0 $ 49,488.00
Add This Change Order $ 2.384.00
Revised Contract Total $ 51,872.00
By reason of this contract change order the time of completion is adjusted as follows: -20- days added to contract time, due to delayed delivery of
Rye overseeded sod.The revised contract completion date shall be: 10/24/00
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Submitted
Approved 1
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we
will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the
above specified uwrk. and crept as full payment the amount shown above, which includes all diet and indirect overhead ezpenses for any
delays.
Accepted By:
Contractor:
Title:
Date:
TIPWDEP1APR07ECT9, NotsM11ACabeRondoI.andspe\CCOI.wpd
- 4-00 02:52P pink -lnc
PINK, INC.
tendscape • Maintenance • Golf Course ConatTuction
License * 693492
Date: 4 October 2000
To: Leonard St. Sauver
From: Mike Hernandez
RE, Calle Rondo material changes
As you are aware, the price for overseeded sod is slightly higher that for regular 328 Bermuda.. I
am proposing a price increase to 35 '/, cents per square foot for Bermuda 328, overseeded with
perennial rye grass. This would bring Alternative Bid # 1 to S I2,425.00
The City has requested weed fabric. I estimate the area when the weed fabric to be installed at
4500 square feet. At 4 cents per square foot for installation, labor would be 5180.00. 1 estimate
materials to cost $279.00. Total for labor and materials for weed fabric installation would be
$459.00. �. /o 'Z- /SF
If you have any questions about either of these proposed changes, please give me a call. Once
you have approved there, please advise me in writing as soon as possible.
P.O. Hox 1012 • PSI= Desert, CA 92261-1012
760-340-0995 - Fax (900) 994-NEE
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CONTRACT:
CONTRACTOR:
Calle Rondo Channel
Landscape Improvements
Pink, Inc.
P.O. Bog 1012
Palm Desert, Ca. 92261-1012
Sheet 1 of 1
PROJECT NO. 98-11-A
CONTRACT CHANGE ORDER NO. 2
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the
following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform
to the terms, general conditions, and special provisions of the original Contract.
******************************************************************************************
DESCRIPTION OF CHANGE
Liquidated Damages for failing to complete the project before the time limit expiration date of October 28,2000, project was not
substantially completed until October 30,2000. As set forth in Section 6.5 of the General Conditions of the Project Specifications,
Liquidated Damages assessed equals $ 300.00 per day @ 2 days. Price $ ( 600.00 )
Total Price $ ( 600.00 )
previous Contract Amount Through Change Order No. 1 $ 51,872.00
Add This Change Order J______L600.001
Revised Contract Total $ 51,272.00
By reason of this contract change order the time of completion has not changed.
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Submitted By
Approved By
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we
will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the
above specified work, and by accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any
delays. r
Accepted By:
Contractor:
Title:
Date: —LLP
TAPWDEMVR0JECT9\98Not5\9811A CaUe Rondo Landspe\CCO 2.wpd