HomeMy WebLinkAboutC34910 - 2016 Citywide Palm Tree Pruning 931-16Contract No. C34910
CITY OF PALM DESERT/PALM DESERT HOUSING AUTHORITY
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C34910 FOR THE 2016 CITYWIDE
PALM TREE PRUNING TO RELIABLE TREE CARE OF
COACHELLA, CALIFORNIA, IN THE AMOUNT OF $92,250
(PROJECT NO. 931-16)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
Janet M. Moore, Director of Housing
CONTRACTOR: Reliable Tree Care
48-522 Camino Real
Coachella, CA 92236
DATE: February 25, 2016
CONTENTS: Agreement and Bonds
Contractor's Bid
Recommendation
By Minute Motion, the City Council and the Housing Authority Board:
1. Award Contract No. C34910 for the 2016 Citywide Palm Tree Pruning
to Reliable Tree Care of Coachella, California, in the total amount of
$92,250 (City $83,350, and Housing Authority $8,900);
2. Authorize the Director of Finance to set aside an additional 10 percent
contingency in the total amount of $9,225 (City $8,335, and Housing
Authority $890),
3. Authorize the Mayor/Chairman to execute the agreement.
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 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 2015-16 and proposed 2016-17
Housing Authority operating budgets.
Commission Recommendation
The Housing Commission reviewed the recommendation at its regular meeting of
February 10, 2016. Staff will provide a verbal report upon request.
Staff Report
Award Contract No. C34910 for 2016 Citywide Palm Tree Pruning
Page 2 of 2
February 25, 2016
Background
The Citywide Palm Tree Pruning project includes both the City of Palm Desert and
Housing Authority properties. The subject program was advertised in the local media
requesting sealed bids. On February 2, 2016, at 10:00 a.m., sealed bids were opened
and read aloud and the following bids were received:
Contractor
Reliable Tree Care
Liberty Landscaping, Inc.
Mariposa Landscape, Inc.
West Coast Arborist, Inc.
Fiscal Analvsis
Location Price
Coachella, CA $ 92,250
Riverside, CA $135,977
Irwindale, CA $243,410
Anaheim, CA $253,412
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,
1104610-4337101, Repair/Maintenance Medians Account 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 2015-16 and proposed 2016-17
Housing Authority operating budgets.
Prepared b
Ran Chavez, Landscape Supervisor
Ja M. Moore, ;ire)ct`®rofHousing
AppT-Qval:
Wldlwa
J9rh� M. Wohlmuth
0itJ Manager/Executive Director
Depart ent ea
Mark Greenwood, P.E.
DquIS.
of Public Works
Gibson, Director of Finance
CONTRACT NO. C34910
AGREEMENT
THIS AGREEMENT is made and entered into this 25th day of February, 2016, by
and between City of Palm Desert, California, hereafter called "CITY" and Reliable Tree
Care, hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. 2016 CITYWIDE PALM TREE PRUNING, PROJECT 931-16; CONTRACT
C34910; 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) The Bidder's Bond; (f) The Performance Bond; (g) The
Payment Bond; (h) The General Specifications; (i) The Special Provisions; 0)
The Standard Specifications as modified in other portions of the Contract
Documents; (k) Exhibits; (1) Addenda Nos. 0 ; (m) The Determination of
Prevailing Wage Rates for Public Works; (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. 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. C34910
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 $500
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.
CONTRACT NO. C34910
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
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.
RELIABLE TREE CARE:
10-YA
Signature to be notarized
TITLE:
CITY OF PALM DESERT:
TITLE: Mavor of Palm Desert, CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, 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. C34910
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 )
) ss.
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. C34910
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Reliable Tree Care hereinafter designated as the "Principal", a contract for:
2016 CITYWIDE PALM TREE PRUNING
PROJECT NO. 931-16
CONTRACT NO. C34910
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, Reliable Tree Care, 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 Ninety-two Thousand
Two Hundred Fifty and 00/100 Dollars ($92,250.00), 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. C34910
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on this day of 20
SURETY
M.
PRINCIPAL
1-0
(Signature must be notarized) (Signature must be notarized)
INSURANCE COMPANY and/or AGENT
Name:
Address:
City/State/Zip Code:
Telephone No.:
CONTRACT NO. C34910
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 )
) ss.
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. C34910
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 )
) ss.
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. C34910
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 Care (hereinafter designated as the
"CONTRACTOR"), an agreement dated February 25, 2016, described as follows: 2016
CITYWIDE PALM TREE PRUNING, PROJECT NO. 931-16, CONTRACT NO. C34910
(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, Reliable Tree Care, 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 Ninety-two Thousand Two Hundred Fifty and
00/100 Dollars ($92,250.00), 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.
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
CONTRACT NO. C34910
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
PRINCIPAL/CONTRACTOR:
(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.
Any claims: under this bdndma - be addressed.to u A `. � `:=
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. C34910
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 )
) ss.
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. C34910
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 )
) ss.
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)
C - CONTRACTOR'S BID
2016 CITYWIDE PALM TREE PRUNING
PROJECT NO. 931-16
CONTRACT NO. C34910
TO: CITY OF PALM DESERT, "CITY"
DATE:
BIDDER: j�Z�� LLB "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, 2016 CITYWIDE PALM TREE PRUNING,
PROJECT 931-16; CONTRACT C34910; hereby proposes to construct the work in
accordance with the Contract Documents, including Addenda No(s). for the amount
stated in this Bid.
By submitting this Bid, CONTRACTOR agrees with CITY:
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
Page C-1
cost of maintaining 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,
+TEM f
NO. i ITEM DESCRIP710N
UNITS ; QUANTITY
-N_ -
1 City Palm Tree Pruning EA
Housing Authority Palm Tree EA
2 Pruning
3,334
UNIT
COST
S v :S�
�c
355 �� � CJ[] ��pd
TOTAL BID PRICE $
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.
TOTAL AMOUNT BASE BID IN FIGURES $
TOTAL AMOUNT BASE 81D IN WORDSj► J -400
a
THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY
SIGNATURES TO FOLLOW
Page C-2
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on
Page C-1:
By:
Signature
Title: ____C2W 17jjr1L
CONTRACTOR
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 )
Countyof
Subscribed and sworn to (or affirmed) before me on this 2 1 day of
(month), �LD 16 (year), by C44,00 Jut ►G i+AEl
proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
Signature of Notary qu4llc"�'
Page C-3
� CHADD DD MICHAEI.
Commission 8 2013484
i 4 "" Notary PUDIIC - California z
z ''r Riverside County
My COMM. Expires Apr 16. 2017
(Seal of Notary)
D — INFORMATION REQUIRED OF BIDDER
TO ACCOMPANY BID
The bidder is required to supply the following information. Additional sheets may be
attached if necessary. (1) Company Name tll$ /J,�
(2) Address Z A,0, ftiu �L
(3) Telephone No. (7&d� 95�91-- 7/ea
(4) Type of Firm lndividua Partnership or Corporation)
(5) Corporation organized under the laws of the State of
(6) Contractor's License No. 9/S7ys Exp. Date 0S/3/1 I
(7) Department of Industrial Relations Contractor Registration number:
(8) Email Address for DIR Contact--?-A4PJ:Zi�-P
(9) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
(10) Number of years' experience as a Contractor in construction work S
(11) List at least three similar projects completed recently:
Contract Amount Class of Work Date Completed
1
1
i
1
i
Page D-1
Name, Address &
Telephone No. of Owner,
Cc y o P P#ih �4&�
(7 40) ,3 y/- - 1)61 /
(�GL) Zoo 2z6S
oLe+ Dann /Les Z A f � • S
(11) Pursuant to California Public Contracting Code, Section 4100 et. Seq., the
following list gives the name business address, and 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. Failure to include the
subcontractor's DIR revistration number may result in the bid beinq
reiected as non -responsive.
Subcontractor's Name:
License Number: DIR Contractor Registration No.
Business Address:
Telephone: DIR Email Address
Work Description: Percent of Work:
Subcontractor's Name:
License Number: DIR Contractor Registration No.
Business Address:
Telephone: DIR Email Address
Work Description: Percent of Work:
Subcontractor's Name:
License Number: DIR Contractor Registration No.
Business Address:
Telephone: DIR Email Address
Work Description: Percent of Work:
(12) List the me Qf the her w�Inspected the site of the proposed work for your
firm KD m TA v
(13) 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.
(14) Contractor hereby swears under penalty of perjury that the information provided
here is a nd correct.
By:
Si nature Contractor
Page D-2
E — NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
lam the QW ) i; 2 of 2rZA& :h0the
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
20 ! at e411 'J�iA-
+
City/
B / 1/
State
Y•
Signature
Title: (7W tif/1-
CONTRACTOR
Page E-9
Bond No. BB2000716
Bid Date: 02:0212016
F — BIDDER'S BOND
To Accompany Bid
KNOW ALL MEN BY THESE PRESENTS,
That we, Cristobal Romcro dba Reliable Trec Carc as principal,
and American Contractors Indemnity Company as surety, are held and
firmly bound unto the City of Palm Desert in the sum of $ 10-500.00 (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.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the certain bid of the above
bounden principal to perform certain work described as follows:
2016 CITYWIDE PALM TREE PRUNING, PROJECT 931-16; CONTRACT C34910.
The general items of work to be done hereunder consist of pruning hardwood trees and
dated is accepted by the City of Palm Desert, and if
the above bounden principal Cristobal Romero dba Reliable Tree Care 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 attorney's fees, shall be awarded to the prevailing party.
IN WITNESS WHEREOF, we hereunto set our Hands and Seals this 22nd day
Of January 2016
Contractor's Name:
Contractor's Signature
Title:
Address: L/�SFZZ
Telephone: (76 U
Cristobal Roajpt dh1'Reliablc Tree Care
(Signature to be notarized)
R9,5;;-2iF-0
Page F-1
Surety's Name' American Contractors Indemnity Company
Surety's Signature: ��
(Signature to be notarized)
Title: Ted Lec, Attorney -in -Fact
Address: 625 The city Drivc South, Suite 130, Omngc, CA 92868
Telephone: (714) 740-7000
A Notary Public or other oft er 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
State of California )
County of R\ V >F R s r %9F ) ss.
On DO b before me, C H 15,0 / " t 16 ff 11 F_ L /UvlPR
personally appeared
C R 113M h P G RoM F Ro 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)
_ CHADD MICHAEL
Commission 8 2013484
Notary Puhl.c - California Z
Riverside County >
Page F_2 My Cor,m ! xp,;es Apr ; 6. 2017
CALIFORNIA ALL-PURPOSE ACKNOWL90GMENT CIVIL CODE § 1189
:cCe .rran�rtx�ancsccxszx: •. ,�cetce
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 01/22/2016
Date
personally appeared
Orange
before me, Angela K. Kim. Notary Public
Here Insert Name and Title of the Officer
Ted Lee
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personM whose naine(74 is/"
subscribed to the within instrument and acknowledged to me that he/§W/#X;F executed the same in
his11:►&/MXXauthorized capacityoW, and that by his/ wA9xdr signature(g) on the instrument the person(z),
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
t , ANGELA K. KIM p WITNESS my hand and official seal.
• Commission # 2012828 Q
Notary public - California z
Orange Count, >
vv Signature
Sl tune ary Public
xr<r.
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document. tfonde g$2000716 Document Date:
Number of Pages: _ Signer's) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Ted Lee _ Signer's Name:
Corporate Officer — Title(s):..Corporate Officer — Title(s):
Partner — I Limited i General Partner — l Limited 1`i General
Individual xJ Attorney in Fact Individual 1_1 Attorney in Fact
Trustee Guardian or Conservator Trustee Guardian or Conservator
1 Other: - - -------- -- - Other: - - - -
Signer Is Representing: -_ _ Signer Is Representing:
AMEEIGAN __IPIDF.WITY COMPANY
r<�cn.,..,,...,..r...,..r...�rn�.cvre�.a�su�sx.T:car, s�rc�.icsvz�:.cra. • •u.^czw•c,c�.uocc.sr�.^sxsc
02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item ff5907
'I HCC
KNOW ALL MEN BY THESE PRESENTS:
American Contractors Indemnity Company
601 S. Figueroa Street, Suitt 1600. Los AngeleS, Catifornia 90017
POWER OF ATTORNEY
That American Contractors Indemnity Company of the Slate of California, a California corporation, does hereby appoint,
TED LEE
its true and lawful Attomey-in-Fad, with full authority to execute on its behalf bond number DD2Qg0716 issued
in the course of its business and to bind the Company thereby, in an amount not to exceed
Three million and 00/100 f $3.000.000.00 1
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted by
the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 1" day of
September, 2011.
'Be if Resolved, that the President, any Vioe-President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and
is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)4n-Fact to represent and act for and
on behalf of the Company subject to the following provisions:
Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any
and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary
Be if Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney
or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be
valid and binding upon the Company with respect to any bond or undertaking to which it is attached.'
The Attomey-in-Fad named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this
bond and does not indicate whether the Attorney -in -Fact is or is not an appointed agent of the Company.
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President
on this 1" day of December 2014.
:r•
State of California AMERICAN CONTRACTORS INDEMNITY COMPANY
i W. ace+ 25.1Mo <_
County of Los Angeles SS: ByS. 'nC';x IFDRN��•Adam Pessin, President
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.
On this 1't day of December 2014, before me, Maria G. Rodriguez -Wong , a notary public, personally appeared Adam S. Pessin, President of
American Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature
on the instrument the person, 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.
MAMA G. WIGUEZ•WOme
WITNESS my hand and official seal. coetar6donis2049771
Not" Puke -fWwMa
Signature t� (seal) Loa AWas Ca"
-� ! Nr totem. L Mt do 20 2M 7
I, Michael Chalekson, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the
resolution adopted by the Board of Directors of said Company as set forth above, are true and tarred transcripts thereof and that neither the
said Power of Attorney nor the resolution have been revoked and they are now in full force and effect
IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of
Bond No. .,�"�c>oss
Agency No. 9007 ,im
'.'•
January 2016
MIchae hatekson, es�,stanl Secretary
HCCSU POAACiC 110015