HomeMy WebLinkAboutC38710 2019 Palm Tree Pruning 931-19cc
CONTRACT NO. C38710
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: March 28, 2019
PREPARED BY: Randy Chavez, Landscape Supervisor
REQUEST: Award Contract No.C38710 for the 2019 Citywide Palm Tree Pruning
to Reliable Tree Works Inc. in the total amount of the base bid of
$148,120.00 plus $29,624.00 contingency (Project No. 931-19).
Recommendation
By Minute Motion, the City Council and the Housing Authority Board:
1. Award Contract No. C38710 for the 2019 Citywide Palm Tree Pruning
to Reliable Tree Works Inc. of Coachella, California, in the total amount
of the base bid of $148,120.00 (City $134,200.00 and Housing Authority
$13,920.00);
2. Authorize the Director of Finance to set aside an additional 20 percent
contingency in the total amount of $29,624.00 (City $26,840.00 and
Housing Authority $2,784.00);
3. Authorize the City Manager/Executive Director or designee to review
and approve written requests for the use of the contingency for
unforeseen conditions, per Section 3.30.170 Section A of Ordinance No.
1335;
4. Authorize the Mayor/Chairperson to execute the agreement; and
5. Authorize the Mayor/Chairperson to execute the Notice of Completion
upon satisfactory completion of said work.
Funds are available for the portion of the contract relative to the City and Assessment
Districts in Parks and Recreation Accounts 1104610-4332001, 1104611-4332001,
1104610-4337100, Repair/Maintenance Medians Account No. 1104614-4337001, Desert
Willow Account No. 4414195-4332000, and Assessment District Fund 200 accounts; and
for the Housing Authority, funds are set aside in the 2018-2019 and proposed 2019-2020
Housing Authority operating budgets.
March 28, 2019 - Staff Report
Award 2019 Citywide Palm Tree Pruning Contract No. C38710 to Reliable Tree Works
(Project No. 931-19)
Page 2 of 2
Commission Recommendation
The Housing Commission will review this recommendation at its regular meeting of March
13, 2019. Upon request, a verbal report will be provided at the Housing Authority's regular
meeting of March 28, 2019.
Strategic Plan Obiective
Annual palm tree pruning is an ongoing maintenance activity and, as such, does not directly
contribute to the objectives of the Strategic Plan.
Background
The Citywide Palm Tree Pruning project includes City of Palm Desert and Housing Authority
properties. The subject project was advertised in the local media requesting sealed bids. On
March 12, 2019, sealed bids were opened and read aloud. The following bids were received:
CONTRACTOR LOCATION AMOUNT
Reliable Tree Works Inc. Coachella, California $148,120.00
West Coast Arborists Anaheim, California $181,447/00
Mariposa Landscapes, Inc. Irwindale, California $211,022.00
Fiscal Analvsis
There is no fiscal impact aside from the contract amount and any necessary change orders.
LEGAL REVIEW
N/A
Robert W. Hargreaves
City Attorney/
Authority Counsel
CONTRACTOR:
ATTACHMENTS:
DEPT. REVIEW
/4
Tom Garcia, P.E.
Director of Public Works
Reliable Tree Works
48-522 Camino Real
Coachella, CA 92236
FINANCIAL CITY MANAGER
REVIEW
-ra�f
ea5A Moore Lauri Aylaian
Director of Finance City Manager/
Executive Director
Agreement
Contractor's Bid with Bidder's Bond
Contract No. C38710
AGREEMENT
THIS AGREEMENT is made and entered into this 28th day of March, 2019, by and
between City of Palm Desert, California, hereafter called "CITY" and Reliable Tree Works,
Inc. hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. 2019 CITYWIDE PALM TREE PRUNING, PROJECT NO. 931-19; CONTRACT
NO. C38710; in strict accordance with the Contract Documents identified below,
CITY has accepted said Bid.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and found
it to be correct, has ascertained that its Subcontractors are properly licensed and
possess the requisite skill and forces, has examined the site and Contract in
accordance with the Contract Documents for the money set forth in its Bid to be
paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
Contract Documents: The entire contract consists of the following: (a) The
Agreement, (b) The Notice Inviting Bids, (c) The Instruction to Bidders, (d) The
Contractor's Bid, (e) Public Works Contractor DIR Registration Certification, (f)
Noncollusion Declaration, (g) The Bidder's Bond, (h) Performance Bond, (i) The
Payment Bond, 0) General Specifications, (k) The Special Provisions, (1) The
Standard Specifications as modified in other portions of the Contract Documents,
(m) The Plans, (n) Any Change Orders issued, (o) Any additional or supplemental
specifications, notices, instructions and drawings issued in accordance with the
provisions of the Contract Documents (p) The Determination of Prevailing Wage
Rates for Public Works, (r) Addenda No.(s) -0-. All of said Documents presently
in existence are by this reference incorporated herein as if here set forth in full and
upon the proper issuance of their documents they shall likewise be deemed
incorporated.
2. Contractor shall commence the work within ten (10) calendar days after the date
of the Notice to Proceed and will do all things necessary to construct the work
generally described in Recital No. 1 in accordance with the Contract Documents
and will complete said work within 90 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
Contract No. C38710
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents and
employees, and the Engineer harmless from:
a. Any and all liability, claims, damages, losses or injuries to any person or
other entity, including injury to Contractor's employees, and all claims which
arise from or are connected with the negligent performance of or failure to
perform the work or other obligations of this Agreement, or which are
caused or which are claimed to be caused by the negligent or intentional
acts or omissions of Contractor, its subcontractors, its agents or employees,
and, all expenses of investigating and defending against same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material -men, laborers, or any other person,
firm or corporation furnishing or supplying work, services, materials or
supplies in connection with the performance of the Agreement.
C. Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are
made part of this Agreement as set forth in Agreement paragraph 1, above.
d. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard
Specifications and is hereby amended to substitute the "City of Palm
Desert" in place of "Agency." Liquidated damages shall be $250 dollars
per calendar day of delay.
4. Should any litigation or arbitration be commenced between the parties concerning
the works of improvements as referenced herein, the prevailing party in any such
litigation, being the CITY or the Contractor, should be entitled to a reasonable sum
for attorney's fees incurred in any such litigation relating to this Contract.
5. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Bid as accepted by CITY, subject to such additions and deductions
as may be made pursuant to the Contact Documents and applicable law.
Satisfactory Performance: The prime Contractor agrees to pay each
Subcontractor under this prime contract for satisfactory performance of its contract
no later than 10 days from the receipt of each payment the prime Contractor
receives from City of Palm Desert. Any delay or postponement of payment from
the above referenced time frame may occur only for good cause following written
approval of the City of Palm Desert.
Release of Retention: The prime Contractor agrees further to release retention
payments to each Subcontractor within 30 days after the Subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the above
Contract No. C38710
referenced time frame may occur only for good cause following written approval of
the City of Palm Desert.
7. Execution of the Agreement by the parties constitutes their agreement to abide by
all applicable provisions of the California Labor Code; constitutes contractor's
certification that he is aware of the provisions of said Code and will comply with
them; and further constitutes Contractor's certification as follows:
"I am aware of the provisions of Section 3700 of the California Labor Code which
requires every employer to be insured against liability for worker's compensation
or to undertake self-insurance in accordance with the provisions of that Code, and
will comply with such provisions before commencing the performance of the work
of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
CONTRACTOR:
BY:
TITLE:
CITY:
BY:
(Signature to be notarized)
TITLE: Mavor of Palm Desert, CA
APPROVED AS TO CONTENT:
TOM GARCIA, P.E.
DIRECTOR OF PUBLIC WORKS
ATTEST BY:
TITLE:
ATTEST BY:
TITLE: Citv Clerk of Palm Desert, CA
APPROVED AS TO FORM:
ROBERT W. HARGREAVES
CITY ATTORNEY
Contract No. C38710
CONTRACTOR ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
County of )
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. C38710
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert
has awarded to Reliable Tree Works, Inc. hereinafter designated as the "Principal", a
contract for:
2019 CITYWIDE PALM TREE PRUNING
PROJECT NO. 931-19
CONTRACT NO. C38710
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 the City of Palm Desert hereinafter called the City, in the penal sum of
One Hundred Fortv-Eight Thousand, One Hundred and Twentv and no/00 Dollars
($148,120.00), 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 bounded
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 the 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 the 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 any wise
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 the 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. C38710
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
(Signature must be notarized) (Signature must be notarized)
INSURANCE COMPANY and/or AGENT
Name:
Address:
City/State/Zip Code:
Telephone No.:
Contract No. C38710
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
SURETY ACKNOWLEDGEMENT
State of California )
County of )
On before me, ,
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. C38710
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
PRINCIPAL ACKNOWLEDGEMENT
State of California
County of
On before me, ,
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 Califomia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Contract No. C38710
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Reliable Tree Works, Inc. (hereinafter designated as the
"CONTRACTOR"), an agreement dated March 28, 2019. described as follows: 2019
CITYWIDE PALM TREE PRUNING, PROJECT NO. 931-19, CONTRACT NO. C38710
(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 9100 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 the City of Palm Desert and to any and all
persons, companies or corporations entitled to file stop payment notices under Section
9100 of the California Civil Code, in the sum of One Hundred Fortv-Eight Thousand,
One Hundred and Twentv and no/00 Dollars ($148,120.00) said sum being not less
than one hundred percent (100%) of the total amount payable by the said Obligee under
the terms of the 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 9100 et seq. 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 the 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 payment
notices under Section 9100 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Contract No. C38710
The Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the said Contract or to the work to
be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the
Specifications.
No final settlement between the Obligee and the CONTRACTOR hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
CONTRACTOR and Surety agree that if the 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 Principal/Contractor)
(Signature)
(Signature to be Notarized)
(Typed Name and Title)
SURETY:
(Typed Name of Surety)
(Signature of Attorney -in -Fact)
(Signature to be Notarized)
(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.
Name:
Address:
City/State/Zip Code:
Telephone No.:
Name:
Address:
City/State/Zip Code:
Telephone No.:
Contract No. C38710
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
PRINCIPAL/CONTRACTOR ACKNOWLEDGEMENT
State of California
County of
On before me,
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. C38710
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of
On
SURETY ACKNOWLEDGEMENT
before me,
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 Califomia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
CONTRACT NO. C38170
CONTRACTOR'S BID
�Opw
C - CONTRACTOR'S BID
2019 CITYWIDE PALM TREE PRUNING
PROJECT NO.931-19
CONTRACT NO. C38170
TO: CITY OF PALM DESERT, 'CITY'
DATE: o f`(' h3i A�
BIDDER: �.l L�-lE� I� I �� � C. "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, 2019 CITYWIDE PALM TREE PRUNING,
PROJECT NO.931-19; CONTRACT NO. C38170; hereby proposes to construct the work
in accordance wish the Contract Documents, including Addenda No(s). Q for the amount
stated in this Bid.
By submitting this Bid, CONTRACTOR agrees with CITY:
1. That unless withdrawn in person by CONTRACTOR or some person authorized in
writing by CONTRACTOR before the time specified in the Notice Inviting Bids for
the public opening of bids, this Bid constitutes an irrevocable offer for 60 calendar
days after that date.
2. The CITY has the right to reject any or all Bids and to waive any irregularities or
informalities contained in a Bid.
3. That the contract shall be awarded only by the governing body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
CITY shall obtain all necessary signatures of the governing body, at which time the
contract shall be deemed awarded.
4. To submit to CITY such information as CITY may require to determine the Bidder's
financial standing experience and to perform the work.
5. That the accompanying certified or cashier's check or Bid Bond constitutes a
guarantee that if awarded the contract, CONTRACTOR will execute the
Agreement and deliver the required bonds and certificates of insurance within 10
days after notice of award. If CONTRACTOR fails to execute and deliver said
documents, the check or bond is to be charged with the costs of the resultant
damages to CITY, including but not limited to publication costs, the difference in
money between the amount bid and the amount in excess of the bid which costs
CITY to do or cause to be done the work involved, lease and rental costs; additional
salaries and overhead, increased interest and costs of funding the project, attorney
expense, additional engineering and architectural expense and cost of maintaining
Page C-1
20, Mandatory Pre -Construction Conference. The Contractor is advised that a
mandatory "Pre -Construction Conference" will be conducted following the
execution of the contract documents* and prior to the issuance of the "Notice to
Proceed". The Contractor and appropriate sub -contractors shall be in attendance.
Page B-5
or construction alternate facilities occasioned by the failure to execute and deliver
said documents.
It is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum,' -are estimates and the final payment will be based upon the actual work
-performed, subject to such adjustment and alterations as elsewhere provided herein.
%ITEM ':: ':UNI`i
J- :•4: vV. r.F" �_�.f _},_i�. '.:'1 •1. '. .. �'�i • <3 fir•.. ''f ,'�>h�/.. •'. �-�4 "•f:Y'-.rt1• •!�'���,
,'NO: ors ITEM'�DESCRIRTIQN;;.I� Y = :�=r `� =-i vUNITS : QUANTI iY
;TOTAL':
•C•,1" ".1 `+ _ ;�: .S :7'_t" _i 4}j,'•'`1 �r :°i� •: K, .'-i..i _li{'4'•-i j4.G .-.' _ .,>. - ��"
:i-t•s %.i,� ` ;�i : .:'s t_; ,r:µ .'f••' y: °1;.: -'�' y: •� '"r ti ' k.• f ' ..F .. _
:Y .� �� .._r'�... ..':'••'ter.-'i.;-.r '•1.;' H: 'arc: -''.r. 'ia_;.'•'r: Y-✓..� .tY'„r+• Ir.a �•`.{`�•i.�Fi..
.. .i. .,.,, .. .� .. Jam'. .w• .. - 1.:-P._. . .Y-l':._:'{_.'•:v .. _ .. �.1d':J.`. -�
1 City Palm Tree Pruning EA 3,355
2 Housing Authority Palm Tree Pruning EA f 348 j $ c.6� $ �31 ���
-_�;;�: :•; r . - ::;:�:��::� .;,~::� f p:,r.a OTALl�BlrT'PRICEy+ $ do
f��, Y', `��•v : � tr'��, �a � _ �'as �:N r3" •Y^ My-'-��4..� L�^ �F.E `� J)'-'�,Y.��+a'i � r} i
The costs of any work. shown or required in the Exhibits and Specifications, but not
specifically identified as a Pay Item are included in the related Pay Item(s), and no
additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
corr1pliae2M 4"S y specifications. C�
MGM 'MAT)
TOiAµi�i�S' S $ T 9 A
at
C:e.-6,l2RSC7tjrc*A'^"th y Joi ei��!TOTAL''A]VUUW—•SAS E'BID`TN•'WORDS 191i) re- -i -oo
DU ♦v r
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on Page
C-1:
CONTRACTOR
nature
Title:
Page C-2
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the- document, to which this certificate is attached, and not the
tnrthfulness, accuracy, or validity of that document
State of California
County of kixrsiJe,
On before me,�,Q .00t�
personally appeared MCA 9 (LI"� —
P�.iGb�PT!`t+rl f �C�,l�f� , who proved to me on the basis of
satisfactory evidence to be the persoakowhose name(a)-Waalsubscribed 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 histher/their signature(a) on the instrument -the
person(s), or the entity upon behalf of which the person(s) 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.
Signat Ce (�-
Page C-3
1[4b:TMyM1C *wows
(Seal)
Bond No. 64550I96
G --- BIDDER'S BONA
To Accompany Bid
KNOW ALL MEN BY THESE PRESENTS,
That we, Re Gable Tree 1A'orks, Inc. as principal,
and WESTERN SURETY COWANY as surety, are held and
firmly bound unto the City of Palm Desert.ln-the.sum of $ `0 OFAt40 T BPM of bid)
to be paid to the said City or its certain attorney, its successors and assigns; for which
payment, vvOl and truly to be made, we bind -ourselves, our heirs, executors and
administrators, successors or assigns, }dintiy and severally, firmly by these presents.
THE COND)TION OF THIS OBLIGATION IS SUCH that if the certain: bid of -the above
bounden principal to per<orin certain work described as follows:
2019 CITYWIDE PALM THEE PRUNING
PROJECT NO, 931-19; CONTRAGT NO. 038170
The general items of work to be bone hereunder consist of pruning palm trees and dated
is accepted by the City of Palm Desert, and if
the above bounden pfrncipal Reliable Tree WorkLlw shall - duly
enter into and execute a contmcl for such construction, and shall execute and deliver the
Performance Bond and Payment Bond and insurance cert#icates as required by said
contract► then this obligation shall become dull and void; otherwise it small be and remain
in full force and effect,
Should It -become necessary for the City to insiittrte a lawsuit, or any other Isgal
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 patty,
IN WITNESS WHEREOF, we hereunto sat our 1--lands and Seals this 12T1I day of
March 20 19,
Reliable Tree Works, Inc.
Contmctol's Name:
Contractor's Signature: �;R'e
ri� �j � ,� ' nature to be noiaec�
Title: 1A(`�
Address: 48522 Camino Real , Coachella, CA 92236
Telephone: (e1W) 9(3R — 0 LZA
Page C-1
Surety's Name:
Surety's Signature: X
Title: S (,k C "
HIM
Address: ��Q � ,(a,CSY_1 _�J1- �te- . NCl O 1
Telephone: (0zol
.O '{-%-~lZQS
A notary public or other officer complefiny ft certificate verifies only the identity of the
indlwdual who shined the document, to which this cerfificate is ettachied, and not the
truthfulness, accuracy, or validity oil that document.
Contractor Acknowledgment
State of California
County of (A U
0
K)6"v ✓
�rso,ra�a#ix ap eared _ ASS(`, �. �{Q.,QKQ C� -a (� M L ,
lLri'tGAIM- 4� .�..rr.� . , who proved to me on the basis of
satisfactory evidence to be the person(4 whose name04 islWt subscribed to the within
Instrumant and acimowiedged to me that he/shalthey executed the same In hislher/thstr
authorized capacity(]es), and that by his/herMeir signature(s) on the Instrument the
person(s), or the entity upon behalf, of which the person(s) acted, wxecuted the instrument.
before me,
f certify under PENALTY OF PERJURY under the laws of tine Stato of California that the
foregoing paragraph Is true and correct.
WITNESS my hand and official seal.
Signat e
Page G-2
9 WOW
COWN
CM e"r mo11 t+
(Sea])
A notary public or other officer compleirny this certificate verges only the Identity of the
Indfvldual- who sighed the document, to -which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
Surety Acknowledgment
State of California }
Riverside
County of 1
1 I.
On 'before the, .L��'tC�-�1 . IV6.1' �'U.(yi cC
personally appeared TRACT LYNNE MARTIN
, who proved to me on -the basis of
satisfactory evidence to be the person(s) whose narna(a) Vare subscribed to the veithin
instrument and acknowledged to me that helshelthey executed the same In his/her/their
authorized capacltypes), and that by hlslher/their signature(s) on the instrument the
persons}, orthe entity upon: behalf of which the persons) acted, executed the Instrument.
l certify under PENALTY OF PERJURY under the im%s of the State of California that the
foregoing paragraph is true and correct.
A.
WITNESS my hand and official seat. � 1COMM. 0218
NoraRvpueuc • cwFORNw
RMKRSME COIM;r
WWWWWW
r
Signatur G (Seal)
Page 0-3
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 64550196
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws
of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make,
constitute and appoint TRACI LYNNE MARTT.N
its true and lawful attarney(s)-in-fact, with frill power and authority hereby conferred, to execute, ackn wledge and deliver for and on its
behalf as Surety, bonds for.
Principal: Reliable Tree Works, Inc.
Obligee: City of Palm Desert
Amount: $1, 000, 000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the
corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorneys) -in -fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds; policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
If Bond No. 64550196 is not issued on or before midnight of June 10, 2019 all
authority conferred in this Power of Attorney shall expire and terminate.
OP
' Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its
i•be.a�rptl this 12th d� of March 2019
WESSUUR`E COMPANY
/.
1JSOXITI KPFA Paul VT�/-tvic-President
tlttttt��:tAtu
On this ---- 12th day of Ma,rc}h , in the year 2019 , before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SLIR�ETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation.
i J. MOHR r
/NOfAAIf PUBLIC S� Notary Public -South Dakota
i Sou-m DAKOTA i
+Whh�Syti40titi4Wbtitihtio►ti1�M t
My Commission Expires June 23, 2021
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certiiyr that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in force.
In testimony whereof; I have hereunto set my hand and seal of Western Surety Company this 12th day of
March 2019
WEST ft SURE COMPANY
Paul T. /�/'tvi-President
To validate bond authenticity, go to www.cnasuretv.com > Owner/Obligee Services > Validate Bond Coverage.
Forth F530610.2017
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CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
i
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A notary public or other office completing this certificate verifies only the identoof r the individual
ndi idual who signed the I
document, to which this
=
certificate is attached, and not the truthfulness, accuracy,of that document.
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State of CALIFORNIA 0
County of RIVERSIDE
• 3
On March 8th, 2019 before me, Tesa A. Michael "Notary Public",
Personally appeared _Oscar Herrera, RMO, Reliable Tree Works Inc. _ Name (s) of Signer (s)
Who proved to me on the basis of satisfactory evidence to be the person (s) is/are subscribed to within
G
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 S • 'foregoing
paragraph is true and correct.
Commit V02- No
NOTARY PUBLIC • WORN A
UNlY
WITNESS my hand and seal R 0 11 ft2
• Commission F� bt[/dt 20. 202t
�lN•t%(lJ� . •
e of Notary Public (Notary Seal)
INSTRUCTIONS FOR CONTLETING THIS
DESCRIPTION of ATTACHED DOCUMENT
Non Collusion Declaration
A) Individual
B) Corporate Officer
C) Partner
D) Attorney -in -fact
E) Trustee
F) Guardian or Conservator
G) Other _Signer for blind individuals
FORWny acknowledgment completed In Califomia must contain verbiage
exactly as appears above in the notary section or a separate ackn awledgment
form must be properly completed and attached to drat document. The only
exception is if a document is to be recorded outside of Catifomia. In such
instances. Any alternative acknowledgment verbiage as may be printed on such a
document so long or the verbiage does not require the notary to do something that
is illegal far a notary in Caitfornia (i. e. certJgling the authorized capacity of the
signer). Please check the document carefully for proper notarial wording and
anaeh this form of requimd.
State and County information must be the State and County where the document signer(s)
personally appeared before the notary public for acknowledgment.
.Date of notarization must be the date that the signer(s) personally appeared which must also
be the same date the admwledgmem is completed
7`bc notary public must print his or her name as it appears within his or her commission
followed by a comma and then your title (notary public).
Print the name(s) of document signer(s) who personally appear at the time of notarization.
.Indicate the correct singular or plural forms by Crossing off incorrect forms (i.e. fle/sheitile j,
is /afe ) or circling the correct forms. Failure to correctly indicate this information may lead to
rejection of document recording.
The notary seal impression must be clear and photographically reproducible. (mprmion must
not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits,
otherwise complete a different acknowledgment form.
.Signature ofthe notary public must match the signature on bile with the office of the county
clerk
Additional information is not requited but could help to ens= this acknowledgment is not
misused or attached to a different document.
Indicate title or type of attached document, number of pages and daze.
Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,
indicate the title (i.e. CEO, CFO, and Secretary).
D — INFORMATION REQUIRED OF BIDDER
TO. ACCOMPANY BID
The bidder is required to supply the following information. Additional sheets may be
attached if necessary. Addit'onall inffojrmation 4we
mayybe required offthe successful bidder.
(1) Company Name f�{�1woek ,i . G
(2) Address qg--�v,2 oAww rwL
(3) Telephone No. 'Z� 9' %40 ,
(4) Type of Firm (individual, Partnership o(corporatioO eo/.A�/dJ�
(S) Corporation organized under the laws of the State of 4'll4Ae/4
(6) Contractor's License No. 7a; _WMIXA9SA
Date d 3/,D--9D2-D
7 ISA Certified Arborist Name l�l �# & Ex . R(� �p I,y� b�
(8) Department of Industrial Relations Contractor Registration number: I D19DAOSGoS"I
(9) Email Address of Contractors D I R Contact 1)00 t��P�bMAIJ �
(10) DIR Classifications --- n tZ Y alm NPe
(1 i) Have you or any of your sub -contractors been debarred: Yes ❑ No�
If yes, provide additional information on a separate sheet.
(12) . Number of years' experience as a tree pruning Contractoreons
(13) List the names and addresses of all owners of the firm or names and titles of all
officers of the rporat'on: (Use separat heet if necessary.} /?MD)
(14) • List at least three similar projects (on -going or recently completed):
t, u. ri H.^'�c..:;y.i i -rw� '• e,.S i�;: ^ic:E�;
R: y s.p -::� �:s;<=t:..
�, tv..Y.:a:Y`-•�i �".M.: �.�yf r :<:�� �r 1: - �� �.,, ..Sf �,Icn ..c a, s�• n.sf'S �•� Y"' :?--i ..5: ejrr'�+...• �.:f;;�'v" ;max:r ¢`,_,_ .G. �. ✓. 1,� ae S. ;�,yt ✓; �:•. ,.hT s .L'a".'S�c': ��• ..t�:. L`a t.+'" .-�L�: �' rr-, �i� �' �tu.�C :•72�:��'�" m!•' ���;-
' Coil race lmount ` :��Class_,af Work Date CompI ted� � 'Telephone No :gf�owndr;•-
7laD, - DD—Zl o�,
•
Page .D-1
(15) Pursuant to Califomia Public Contracting Code, Section 4100 et Seq., the following
list gives the name, business address, the DIR Public Works Contractor
Registration number, portion of work (description of work to be done) for each
subcontractor that will be used in the work if the bidder is awarded the Contract,
(Additional supporting data may be attached to this page. Each page shall be
sequentially numbered, and headed "Proposed Contractors" and shall be signed.)
The Bidder shall list all subcontractors Who will perform work or labor or render
service to the -prime contractor in excess of one-half of one percent of the prime's
bid. Notwithstanding the foregoing, if the work involves the construction of streets
and highways, then the Bidder shall list each subcontractor who will perform
work or labor .or render service to the Bidder in -or about the work in an amount
in excess of one-half of one percent or $10,000, whichever is greater. Failure
jo Include the subaontrector's-'DIR reaistration number may result in the
being rejected as non-resnonsiXg.
Subcontractor's Name:
License Number: DIR Contractor Registration No.
Business Address:
Telephone:
DIR email address: DIR Classifications:
Work Description: ' Percent of Work:
Subcontractor's Name:
License Number: DIR Contractor Registration No.
Business Address:
Telephone:
DIR email address: DIR Classifications:
Work Description: Percent of Work:
Subcontractor's Name:
License Number: DIR Contractor Registration No.
Business Address:
Telephone:
DIR email address: DIR Classifications:
Work Description: Percent of Work:
'(16) List the a of he p so from rfJan who i spected the site of the proposed
work: G >�2 v `¢lt• t211
� J
(17) A financial statement or other information and . references sufficiently
comprehensive to permit an appraisal of your current financial condition may be
required by the City.
Page D-2
E - PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 177-1.11, all contractors and subcontractors
that wish to bid on, be listed in a bid proposal or enter into a contract to perform public
work must be registered with the Department of Industrial Relations. See
httpJ/www.dir.ca.Qov/Public-Works.htmJ for additional information.
No bid will -be accented -nor anv contract entered into without vroof of the Contractor's
and Subcontractor's current registration with the Department of Industrial Relations to
perform public work.
Bidder herebv certifles that it is aware of the registration requirements set forth in Labor
Code sections 1725.5'and 1771.1 and is currentiv registered as a contractor with the
Department of Industrial Relations.
NAME OF BIDDER: Q
f���A I_r
�' (. , _J(S I IU C.
DIR REGISTRATION NUMBER: I DOUOS (-) ,15
DIR REGISTRATION NUMBER EXPIRATION DATE: /D&_ 3 D a0l
DIR CERTIFIED PAYROLL EMAIL ADDRESS:
(2�&Iqk -ka LV 0 RJ-__S lf'tuc' _� rg Nl,,;L
Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the
project.
2. Bidder shall include the requirements of Labor Code Sections 1725.5and 1771.1
in its contract with any and all subcontractors and ensure that all subcontractors
are registered at the time of the bid opening and maintain registration status for
the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may
result in the bid being deemed non -responsive.
4. Within five days of award, Contractor will provide to the City all Labor
Classifications that will be employed during the project, sorted by Contractor or
subcontractor.
Name of Firm: _� �/ TIL�X LUG //iJC.
Signature: Steed
Printed Name:
Title: /.' v C Dated: 0 3 -D� - /9
Page E-1
(18) Contractor hereby swears under penalty of perjury that this information provided
is true and correct.
By: .SF; Tale: f `-
ractoes Signature
Page D-3
F - NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
i am the Ego of -Pet ho Ycr6 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.
declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on
20 j!�, at J leao
city
CONTRACTOR
Title:
Page f-1
Q ure