HomeMy WebLinkAboutC36720 - 2018 Citywide Palm Tree Pruning 931-18 CONTRACT NO. C36720
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: March 22, 2018
PREPARED BY: Randy Chavez, Landscape Supervisor
REQUEST: Award Contract No. C36720 for the 2018 Citywide Palm Tree
Pruning to Reliable Tree Works, Inc., of Coachella, California, in the
total amount of the base bid of $129,185.00 plus $25,837
contingency (Project No. 931-18).
Recommendation
By Minute Motion, the City Council and the Housing Authority Board,
1. Award Contract No. C36720 for the 2018 Citywide Palm Tree Pruning
to Reliable Tree Works, Inc., of Coachella, California, in the total amount
of the base bid of $129,185.00 (City$116,060.00 and Housing Authority
$13,125.00);
2. Authorize the Director of Finance to set aside an additional 20 percent
contingency in the total amount of $25,837.00; (City $23,212.00 and
Housing Authority $2,625.00);
3. Authorize the City Manager/Executive Director or designee to review
and approve written requests for the use of the contingency amount of
$25,837.00 for unforeseen conditions;
4. Authorize the Mayor/Chairman to execute the agreement; and
5. Authorize the Mayor 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 1 1 0461 0-4332001, 1 1 0461 1-4332001,
1 1 0461 0-43371 00, Repair/Maintenance Medians Account No. 1 1 0461 4-4337001, Desert
Willow Account No. 4414195-4332000, and Assessment District Fund 200 accounts; and
for the Housing Authority, funds are set aside in the 2017-2018 and proposed 2018-2019
Housing Authority operating budgets.
March 22, 2018 - Staff Report
Award Contract No. C36720 to Reliable Tree Works, Inc.
Page 2 of 2
Commission Recommendation
The Housing Commission will review this recommendation at its regular meeting of March
14, 2018. Upon request, a verbal report will be provided at the Authority's regular meeting
of March 22, 2018.
Strategic Plan Objective
Annual palm tree pruning is an on-going maintenance activity and, as such, does not directly
contribute to the objectives of the Strategic Plan.
Background
The Citywide Palm Tree Pruning project includes the City of Palm Desert, Desert Willow, and
Housing Authority properties. The subject program was advertised in the local media
requesting sealed bids. On March 6, 2018, sealed bids were opened and read aloud. The
following bids were received:
CONTRACTOR LOCATION AMOUNT
Reliable Tree Works Inc. Coachella, California $129,185.00
Mariposa Landscape Inc. Irwindale, California $199,314.00
West Coast Arborists Inc. Anaheim, California $232,533.00
Fiscal Analysis
There is no fiscal impact aside from the contract amount and any necessary change orders.
LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER
REVIEW
I r
cld kR. on, RE.
'1"1"'4 4-4-e-- C.4::_ /L-4444-11,
Robert W. Hargreaves Independ t I rim et Moore Lauri Aylaian
City Attorney Director of Public Works Director of Finance City Manager
CONTRACTOR: Reliable Tree Works, Inc.
48-522 Camino Real
Coachella, California 92236
ATTACHMENTS: Agreement
Performance Bond
Payment Bond
Contractor's Bid
CONTRACT NO. C36720
AGREEMENT
THIS AGREEMENT is made and entered into this 22 day of March, 2018, 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. 2018 CITYWIDE PALM TREE PRUNING, PROJECT NO. 931-18; CONTRACT
NO. C36720; 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:
1. 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, (j) General Specifications, (k) The Special Provisions, (I) 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. C36720
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. C36720
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
I 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: ATTEST BY:
(Signature to be notarized)
TITLE: TITLE:
CITY:
BY: ATTEST BY:
TITLE: Mayor of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
TIMOTHY R. JONASSON, P.E. ROBERT W. HARGREAVES
INDEPENDENT INTERIM DIRECTOR OF CITY ATTORNEY
PUBLIC WORKS
CONTRACT NO. C36720
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. C36720
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:
2018 CITYWIDE PALM TREE PRUNING
PROJECT NO. 931-18
CONTRACT NO. C36720
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 Twenty-nine Thousand One Hundred Eighty-five Dollars ($128,185.00),
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. C36720
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:
(Signature must be notarized) (Signature must be notarized)
INSURANCE COMPANY and/or AGENT
Name:
Address:
City/State/Zip Code:
Telephone No.:
CONTRACT NO. C36720
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. C36720
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. C36720
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 22, 2018, described as follows: 2018
CITYWIDE PALM TREE PRUNING, PROJECT NO. 931-18, CONTRACT NO. C36720
(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 Twenty-nine Thousand
One Hundred Eighty-five Dollars ($128,185.00), 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. C36720
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: SURETY:
(Typed Name of Principal/Contractor) (Typed Name of Surety)
By: By:
(Signature) (Signature of Attorney-in-Fact)
(Signature to be Notarized) (Signature to be Notarized)
(Typed Name and Title) (Typed Name of Attorney-in-Fact)
The rate of premium on this bond is $ per thousand
The total amount of premium charged: $
(the above must be filled in by corporate surety)
IMPORTANT: Surety companies executing bonds must possess a certificate of authority
from the California 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:
Surety Agent or Representative for service of
process in California if different than Surety
Name: Name:
Address: Address:
City/State/Zip Code: City/State/Zip Code:
Telephone No.: Telephone No.:
CONTRACT NO. C36720
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. C36720
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. C36720
C -- CONTRACTOR'S BID
2018 CITYWIDE PALM TREE PRUNING
PROJECT NO. 931-18
CONTRACT NO. C36720
TO: CITY OF PALM DESERT, "CITY"
DATE: L)3 r7 - f
BIDDER: --"Li/ 4�f_ Ile L')UQ S -�1OC• "CONTRACTOR"
•
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, 2018 CITYWIDE PALM TREE PRUNING,
PROJECT NO.931-18;CONTRACT NO. C36720;hereby proposes to construct the work
in accordance with 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
CONTRACT NO. C36720
•
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 ' UNIT
NO. ITEM DESCRIPTION, UNITS, QUANTITY ;COST TOTAL
1 City Palm Tree Pruning EA 3,316 $ 35 . $11 i/DLO
2 Housing Authority Palm Tree Pruning EA 375 $ 35(' $ /3 I ZS
• TOTAL BID;PRICE( lc
_$ f °2 -, 1$s.
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
compliance with the Plans and Specifications.
q. 0
TOTAL AMOUNT BASE BID IN FIGURES $ /2 J//5,)
TOTAL AMOUNT BASE BID IN WO DS OAVg. t1NC 4y j'VIUt
`-OrtatS,t DiveYuiwitiid r IF-roe
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on Page
C-1:
CONTRACTOR
t.
By: ; _..".--'.:77 `-- l'
ignature
Title: '-j/ra5 //1A
Page C-2
CONTRACT NO. C36720
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 I&UK1t. 1
On I--jan.CJl(j* 0618 before me, (SSA (• `C'!
personally appeared tc.kr I-Ie.rrc ra
, who proved to me on the basis of
satisfactory evidence to be the persori(e)-whose name a)1s/a&ersubscribed to the within
instrument and acknowledged to me that hetshe/they executed the same in his/ber/their
authorized capacity(ias), and that by his/lyer/their signature(s)-on the instrument the
persons or the entity upon behalf of which the person)-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.
i C011�N 02187403
l ti L NOTARY PUBLICIDE•CALIFORNIA
ImmiftwommlowtteCimphich21126%wpormiftwwwwwmAl
Signat C1446 (Seal)
Page C-3
CONTRACT NO. C36720
D — INFORMATION REQUIRED OF BIDDER
TO ACCOMPANY BID
The bidder is required to supply the following information. Additional sheets may be
attached if necessary. Additional information may be required of the successfulbidder.
jj (( '
(1) Company Name EL1191 /£ ' tDog-ks C.
i� Go� Ga• 9113U
(2) Address S2�-R"� Z �iNlfuo e
(3) Telephone No. C7t ) 51 9Yf3
(4) Type of Firm (Individual, Partnership o(Corporatio C69' i*' 7os)
(5) Corporation organized under the laws of the State of ef}lif-o/titiI4-
(6) Contractor's License No./76:2 /}Exp. Date C�31—17
( ) c-b1�N�'iT I�on?i/t0 ISA#& Exp. Wt-9FsG2-/� 12/1T
7 ISA Certified Arborist Na
(8) Department of Industrial Relations Contractor Registration number: 7
(9) Email Address of Contractor's DIR Contact Z144:414.' .R4.tr t 3TauC ��A � Chin
(10) DIR Classifications --fQE SEZu1Ge
(11) Have you or any of your sub-contractors been debarred: Yes 0 No gl
If yes, provide additional information on a separate sheet.
(12) Number of years'experience as a tree pruning Contractor r22 yegiz S
(13) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation: (Use separate sheet if ne ssary.) •
07. e itro4 CF0
(14) List at least three similar projects (on-going or recently completed):
_ ..
1. *45 ./p3o •t0!7o
pL3po ao u � ..
7C0a (iL co 2. 15 -ram - a�/./DZoe o� o� s s s.
7b6 - .183ti _� /
3. -boa' j, t 3
4114**, �
lS"bi�c� j2-3/_?a r saNso�!7 ►fib- 902-767V
Page D-1
CONTRACT NO. C36720
(15) Pursuant to California 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
to include the subcontractor's DIR registration number may result in the bid
peina relected as non-responsive.e.
Subcontractor's Name: PO/1 `
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 me of th person from your firm who inspected the site of the proposed
work: t . VOnftra-0
(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
CONTRACT NO. C36720
(18) Contractor hereby swears under penalty of perjury that this information provided
is true and correct.
By: ati Title: 4/466c4g E,Z
Contractor's Signature
Page D-3
CONTRACT NO. C36720
E—PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.11, 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
http://www.dir.ca.gov/Public-Works.html for additional information.
No bid will be accepted nor any contract entered into without proof of the Contractor's
and Subcontractor's current registration with the Department of Industrial Relations to
perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor
Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the
Department of Industrial Relations.
NAME OF BIDDER: rtl#tl/iC t►uL wopic 111)C.
DIR REGISTRATION NUMBER: t 000054.OS7
DIR REGISTRATION NUMBER EXPIRATION DATE: ()!p-30- .201
DIR CERTIFIED PAYROLL EMAIL ADDRESS: "� �J 1 1
[ll4.i R !1uQ.toots LNGeysit;L con U aC INC ef5Cx11iczotu l u8
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 1725.5 and 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: ( ,b4) IC u)ol `5 Tiu C.•
Signature:
Printed;me: { 0509R E0-11 -
Title: Q 4cC,CL& Dated: 03—OS~/
Page E-1
•
CONTRACT NO. C36720
F — NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
I am the 'f re ji4 o fL of ?th4 k '/IlJfLü2(JSJ/7(_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.
I 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 •
171� S , 20ft, at _Tr xk , GAI4ietvY?'
City State
CONTRACTOR
By: (2,f
ignature
Title: 41AS uge A.
Page F-1
CONTRACT NO. C36720
G—BIDDER'S BOND
To Accompany Bid
KNOW ALL MEN BY THESE PRESENTS,
That we, Reliable Tree Works,inc. as principal,
and Philadelphia Indemnity insurance Company as surety, are held and
firmly bound unto the City of Palm Desert in the sum of$Ten Percent of the'(10% of bid)
to be paid to the said City or its certain attorney, its successors and assigns; for which
payment, well and truly to be made, we bind ourselves, our heirs, executors and
administrators,successors or assigns,jointly and severally,firmly by these presents.
*total bid amount.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the certain bid of the above
bounden principal to perform certain work described as follows:
2018 CITYWIDE PALM TREE PRUNING
PROJECT NO. 931-18; CONTRACT NO. C36720.
The general items of work to be done hereunder consist of pruning palm trees and dated
March 6,2018 is accepted by the City of Palm Desert, and if
the above bounden principal Reliable Tree Works,Inc. shall duly
enter Into and execute a contract for such construction,and shall execute and deliver the
Performance Bond and Payment Bond and Insurance certificates as required by said
contract,then this obligation shall become null and void; otherwise it shall be and remain
in full force and effect.
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 attomey's fees, shall be awarded to the prevailing party.
IN WITNESS WHEREOF,we hereunto set our Hands and Seals this 5th day of
March 2018 .
Contractor's Name: Reliable Tr a Works, .
Contractor's Signature: f-...A( --
(Signature to be notarized)
Title:17 SU, e_A
Address: 46522 Camino Real,Coachella,CA 92236
Telephone: 760.848.9483
Page G-1
CONTRACT NO. C36720
Surety's Name: Philadelphia Indemnity In .e ompany
Surety's Signature: •_
to be notarized)
Title: Steven A.Swartz,Attorney-in-fact
Address: One Bala Plaza Suite 100,Bala Cynwyd,PA 19004-1403
Telephone: 610.227.1438
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.
Contractor Acknowledgment -. Sf ajia c
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(iies), 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)
Page G-2
CONTRACT NO. C36720
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 Acknowledgment 15-61 e cu4# ck e d
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/shelthey 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)
Page G-3
CONTRACT NO. C3672O
".mini•..nnt.a.\sole 111rEf a a.ttLU 1.11 a1n\m'a a 1'J1111J iT1".mtf a 1nmt".URA\m'f as.:At,a l i1n1\mn11.S.f.11 aJ 0111\m1ni a anA1.R111t1\m,a■RRt.1►.1 rt%"6If a1RRt la.\
California All-Purpose Certificate of Acknowledgment
s 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 Orange s.s.
On March 5, 2018 before me, Sheree Michel Parsons,Notary Public
' personally appeared Steven A. Swartz
/a.
N/A `
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)
' is/axe subscribed to the within instrument and acknowledged to me that he/sieeltkey executed 19
the same in his/bieritbek authorized capacity(ies), and that by his/tierAbeir signature(s)on the
instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the
instrument. r
I certify under PENALTY OF PERJURY under the laws __ ___
of the State of California that the foregoing paragraph is _�" '--
,•• SHEREE MICHEL PARSONS
true and correct. ~lit Notary Public-California ic
ta't ,-'3l! Orange County z s
WITNESS m an nd official seal. _V Commission #2160249
� �^ MI Comm Expires Jul 18,2020
OPTIONAL INFORMATION
Description of Attached Document ` .T. Additional l. . " "__ r
__.. Information ._ _ t
The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification
document titled/for the ur ose of Bid Bond
P P Proved to me on the basis of satisfactory evidence: ,
0 form(s)of identification ❑credible witness(es) r
s
containing 2 pages, and dated March 5, 2018 • Notarial event is detailed in notary journal on
The signer(s)capacity or authority is/are as: Page# Entry# c
F ❑ Individual(s) Notary contact:
El Attorney-infact
❑ Corporate Officer(s) Other
❑Additional Signer 0 Signer(s)Thumbprints(s)
i ❑ Guardian/Conservator
0 Partner•Limited/General c
0 Trustee(s)
❑ Other. r
representing: Philadelphia Indemnity Insurance Company
r
4 I/
S\. .,..,...,,.<l, .s..... ..o...r, . ..... ,1,,..q, ,er,.,,»et•n.•deR�, yT'.)..,. n..,." - j, .,.�.,,� ..\." "u,1 ... ...a.,........"" 1
• CONTRACT NO. C36720
• CALIFORNIA ALL-PURPOSE 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 Orange
On March 5,2018 before me, Debbie Mcoilllgan , Notary Public
personally appeared Oscar Herrera
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
- GENIE MCGilUOfiN true and correct.
Natant*Wilt-California`
0ran0a County WITNESS my hand and official seal.
\.t .% Commission 12184813
M Comm.Et Tres Oct 14.2020
Signature of Notary •
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 DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL Bid Bond
®CORPORATE OFFICER Title or Type of Document
2
❑ PARTNER(S) Number of Pages
❑ MEMBER of LLC
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR Date of Document
OTHER:
SIGNER IS REPRESENTING: Signer(s)other than named above
NAME OF PERSON(S)OR ENTITY(IES)
Reliable Tree Works,Inc.
•
• CONTRACT NO. C36720
11140
PIHI.ADF.LPIf1A INDEMNITY INSURANCE COMPANY
One Bala Plaza,Suite 100
Bala Cynwyd,PA 19004.0950
Power of Attorney
KNOW ALL PERSONS BY THFSF.PRFSENTS.That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and
existing under the laws of the Coumtonweahh of Pennsylvania,does hereby constitute and appoint Steven A.Swartz,Kelly Specht,Loris Mandel.and Nkld Swartz
Mkbael Herranen and Tbotnas C,Buckner of the City of San Clemente.Stet of California.of South Coast Surety, its true and lawful Attorney-in-fact with full
authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory is the nature thereof,issued in the course
of its business and to bind the Company thereby,in an amount not to exceed,j2S.000.040.OQ.
This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 146 of November,2016.
RESOLVED: That the Brian!of Directors hereby authorizes the President or any Vice President of the
Company: (I) Appoint Anorney(s) in Fact and authorize the Attorney(s) in Fact to
execute on behalf of the Company bonds and undertakings,contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the
authority given And,be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile,and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PIIILADELPIIIA INDEMNITY INSURANCE COMPANY IIAS CAUSED TillS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 2764 DAY OF OCTOBER,2017.
�• 1927 ^:
E: c.
. V • '.ale rC
(Seal) r•
Robert D.O'Leary Jr.,President&CEO
Philadelphia Indemnity Insurance Company
On this 276 day of October,2017,before me came the individual who executed the preceding instrument to me personally known.and being by me duly sworn said
that he is the therein described and authorized officer of the PIIILADELPIIIA INDEMNITY INSURANCE COMPANY.that the seal affixed to said instntment is
the Corporote seal of said Company;that the said Corporate Seal and his signature were duly affixed.
swit
nc..0 Notary Public: nr11 —�
r,c..�rwarr.a 41.1�.are
residing at: It Cyr.'.1.PA_
(Notary Seal)
My commission expires: epie 25,2021
1.Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of
Directors and this Power of Attorney issued pursuant thereto on this 27°day of October,2017 are true and correct and arc still in full force and effect.I do further
certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected
President of PHILADELPHIA INDEMNITY INSURANCE COMPANY.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this . day of 1t�.'t�t ,.e ,20 1 .
Edward Sayago,Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
Z-;