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HomeMy WebLinkAboutC34920 - 2016 Citywide Tree Pruning 932-16Contract No. C34920 CITY OF PALM DESERT/PALM DESERT HOUSING AUTHORITY STAFF REPORT REQUEST: AWARD CONTRACT NO. C34920 FOR THE 2016 CITYWIDE TREE PRUNING PROGRAM TO LIBERTY LANDSCAPING, INC., OF RIVERSIDE, CALIFORNIA, IN THE AMOUNT OF $273,478.90 (PROJECT NO. 932-16) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works Janet M. Moore, Director of Housing CONTRACTOR: Liberty Landscaping, Inc. 5212 El Rivino Road Riverside, CA 92509 DATE: February 25, 2016 CONTENTS: Agreement and Bonds Contractor's Bid Recommendation By Minute Motion, the City Council and the Housing Authority Board: 1. Waive minor bid irregularity; 2. Award Contract No. C34920 for the 2016 Citywide Tree Pruning Program to Liberty Landscaping, Inc., of Riverside, California, in the total amount of $273,478.90 (City $235,281.95 and Housing Authority $38,196.95); 3. Authorize the Director of Finance to set aside an additional 10 percent contingency in the total amount of $27,347.89 (City $23,528.19 and Housing Authority $3,819.70); 4. Appropriate $150,619.86 ($136,927.15 for base contract plus $13,692.71 for contingency) from Unobligated General Funds to Account Nos. 1104614- 4337001 ($128,217.87), 1104610-4332001 ($22,401.99); and 5. 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. C34920 to Liberty Landscaping, Inc. Page 2 of 2 February 25, 2016 Backqround The Citywide Tree Pruning 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 2:30 p.m., sealed bids were opened and read aloud and the following bids were received: Contractor Location Price Liberty Landscaping, Inc. Riverside, CA $ 273,478.90 West Coast Arborists, Inc. Anaheim, CA $ 303,056.00 Mariposa Landscape, Inc. Irwindale, CA $ 457,450.00 Upon reviewing the bid submitted by the apparent low bidder, Liberty Landscaping, a minor irregularity was found. Liberty states that the unit cost per tree is $93.85, which equates to $273,478.90. However, Liberty rounded the bid amount to $273,479.00, which is a variance of $0.10. Section 12 of the Instruction to Bidders in the Contract Documents states that, "In case of discrepancy between the item price and the total set forth for the item, the item price shall prevail." The City Attorney has also indicated that the error is minor and may be waived. Fiscal Analysis 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. Prepared by: Randy Chavez, Landscape Supervisor Jan . Moore, Director of Housing Q Johy(M. Wohlmuth Ciyj Manager/Executive Director Department ead: Mark Greenwood, P.E. Direct f Public Works Paul S. Gibson, Director of Finance CONTRACT NO. C34920 AGREEMENT THIS AGREEMENT is made and entered into this 251h day of February, 2016, by and between City of Palm Desert, California, hereafter called "CITY" and Liberty Landscaping, Inc., hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY Project, 1. 2016 CITYWIDE TREE PRUNING, PROJECT 932-16; CONTRACT C34920; 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 75 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. CONTRACT NO. C34920 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. C34920 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. LIBERTY LANDSCAPING, INC.: Signature to be notarized 19114:1 CITY OF PALM DESERT: TITLE: Mayor of Palm Desert, CA APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS ATTEST BY: TITLE: ATTEST BY: TITLE: City Clerk of Palm Desert, CA APPROVED AS TO FORM: ROBERT W. HARGREAVES CITY ATTORNEY CONTRACT NO. C34920 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. C34920 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Liberty Landscaping, Inc., hereinafter designated as the "Principal", a contract for: 2016 CITYWIDE TREE PRUNING PROJECT 932-16 CONTRACT C34920 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, Liberty Landscaping, Inc., 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 Two Hundred Seventy-three Thousand Four Hundred Seventy-eight and 90/100 Dollars ($273,478.90), 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. C34920 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. C34920 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. C34920 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. C34920 A- PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Liberty Landscaping, Inc., (hereinafter designated as the "CONTRACTOR"), an agreement dated February 25, 2016, described as follows: 2016 CITYWIDE TREE PRUNING, PROJECT 932-16; CONTRACT C34920 (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, Liberty Landscaping, Inc., 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 Two Hundred Seventy-three Thousand Four Hundred Seventy-eight and 90/100 Dollars ($273,478.90), 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. C34920 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 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. Ahy claiimk widi; ft 4tdnd n ¢��a3c7hii§$adFttf:+��� :At , 'I Surety Agent or Representative for service of process in California if different than Surety Name: Name: ! Address: Address: City/State/Zip Code: Telephone No.: City/State/Zip Code: Telephone No.: CONTRACT NO. C34920 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. C34920 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 TREE PRUNING PROJECT NO. 932-16 CONTRACT NO. C34920 TO: CITY OF PALM DESERT, "CITY" DATE: �P. ire BIDDER: �,.�be��U 1.ranc�ScA.r�c� �r,�. "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, 2016 CITYWIDE TREE PRUNING, PROJECT 932-16; CONTRACT C34920; hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). Ja 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 75 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. City Tree Pruning $ n5, z82 -1) q3.IB5 2 Housing Authority Tree Pruning EA 407 $q3 B,5 $ 3S, 1q-1 TOTAL BID PRICE $ 2--13' H-1 q ' 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 $ D 13, 4hia.00 TOTAL AMOUNT BASE BID IN WORDS TI,tir) --Hun 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: �r�5 Q-A - 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 ) County of ) Subscribed and sworn to (or affirmed) before me on this day of (month), (year), by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary Page C-3 (Seal of Notary) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I 'A notar y public or other officer completing this certificate verifies only the Identity of the individual who signed the l idocument to which this certificate is attached_ and not the truthfulness, accuracy, or validity of that document STATE OF CALIFORNIA County of Riverside } I On January 28, 2.016 before me, Susan C. Monteon — _ . Notary Public. Date Insert Name of Nota,y exactly as it appears on the official seal I personally appeared _Alejandro Casillas — i Names) of Stgnerts� i 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 I executed the same in his/her/their authorized capacity(Ies), and that by his/her/their signature(s) on the instrument the SUSAN C. MONTEON person(s), or the entity upon behalf of which the person(s) �- COMM. #2033248 acted, executed the instrument �+ • Notefy 8lpE�C0Nomlle I certify under PENALTY OF PERJURY under the laws of Mr Comm. UP. ALLY 13. 2017 the State of California that the foregoing paragraph is true and correct Witness my hand and official seal. ' Signature Place Notary Seal Above gnature of Notary Public Susan C. Monteon OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document i Description of Attached Document I i Title or Type of Document ,I Document Date _ _ Number of Pages _ Signer(s) Other Than Named Above - I Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name - Individual ❑ Individual Corporate Officer - Title(s) ❑ Corporate Officer - Title(s): _—_.----__-- _-_- - __ I Partner !Limited t-, General ❑ Partner ; ^ Limited L7 General i J Attorney in Fact 111111hTA2=410111111111 ❑ Attorney in Fact RIGHT THUMBPRINT1 ^Trustee "thffnb ❑Trustee • I ;Guardian or Conservator ❑Guardian or Conservator Top of thumb here I Other ❑ Other Signer is Representing Signer is Representing i I I I ' 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 Namey ber-�%_3 k c�c�►c J► � Ine- (2) Address 5212 GI R,%vinn VI%A. RivPc-�irlf- ('.A �12 Shq (3) Telephone No. (g511 (pR� - Non (4) Type of Firm (Individual, Partnership or Corporation) G0t-?nt-0AA(-1 , (5) Corporation organized under the laws of the State of S,QI'� f ntr►� (6) Contractor's License No. '15% 11 Exp. Date / 2.016 (7) Department of Industrial Relations Contractor Registration number: Ibbbt)n97101 (8) Email Address for DIR Contact tj►�r 1t1�-pu (9) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: �1�Sar��rn �►s�11o►s �Qc,P,��� 52.11 E1 Rivino '9d J ;very►df- 1 f,:G- 40 N � CAS tb C.aS�11asT .O�St �t'�:r 5212 �� Pity�rn �Cl . i�tiyP.cs�dP � C� (10) Number of years' experience as a Contractor in construction work 2 (11) List at least three similar projects completed recently: Contract Amount 1. �J 21 bd0 O° 2. JOy �-y n .m 195 ,639,. 3. LA 1500 00 Class of Work 90.1m t"Tree -aM,,�►nj iagle�n Tree. Tcttr,�.an Tic'e�,Tci��n� ?0.IT+n I Tie, Trim(--;%rn Date Completed Name, Address & Telephone No. of Owner d C-bb-or- v eso*,� Apao t"nka o,cA 2ota5 Collett Ave . San 2A15 (9041)880- IRib Duren 0 � Vr'o c- SV��-j 7-p1 S 3 510 FFb►lcGdWo►K �c-. Random G1-vo�vCg SemDr' ta..ds 21Ex�M, Q1 Se�}Gt�+bGr' untvus' l' mia�0.t�rsi�C 34ol Watkins Dr. Ri\e-rslft ,C;% 2p�Fj 41e21 CgCFt�g21-'2.451 Ar,c1rGW �e�ah,('_R�Q.Su�t,.-c�endcn+ Page D-1 (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 registration number may result in the bid being rejected as non -responsive. Subcontractor's Name: W / A License Number: DIR Contractor Registration No. Business Address: Telephone: DIR Email Address Work Description: Percent of Work: Subcontractor's Name: Al I A License Number: DIR Contractor Registration No. Business Address: Telephone: DIR Email Address Work Description: Percent of Work: Subcontractor's Name: I J IA License Number: DIR Contractor Registration No. Business Address: Telephone: DIR Email Address Work Description: Percent of Work: (12) List the name of the person who inspected the site of the proposed work for your firm 1+e:AY% C,. 11c-ak� IS A Cer ►�� }� ��+ (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 true and correct. By: Title: Ir-e5it m� Si ature Contractor Page D-2 E — NONCOLLUSION DECLARATION To be Executed by Bidder and Submitted with Bid The undersigned declares: I am the (4ket,.�.kcb Uc <.\\c s of �.:�hQr��--a+�dsc.4p ,��. 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 7�LX-44I ?8 20� at 7,_ ;,W 0�111� City By: 4-G Signature Title: ? cc-s 1. CONTRACTOR l P VV4 X' fvt c.- State Page E-1 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 Riverside On January 28, 2016 before me, Date personally appeared Alejandro Casillas "CUSA I C. MONTEvsWRIVER8IDE COU!!iY �' IA,V Comm, III* DULY 13, 2017 Place Notary Seal Above Susan C. Monteon , Notary Public, Insert Name of Notary exactly as it appears on the offc3al seal Name(s) of Signer(s) 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 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 C i A,g.a,.,eof Notary Public Susan C. Monteon OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: — Document Date Number of Pages I Signer(s) Other Than Named Above- Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual r' Corporate Officer — Title(s): ❑ Partner i Limited ❑ General Attorney in Fact BPRIJIT ❑ Trustee ❑ Guardian or Conservator Top of thumb here ' Other Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing 1 I I I I F - BIDDER'S BOND To Accompany Bid KNOW ALL MEN BY THESE PRESENTS, That we, Liberty Landscaping, Inc as principal, and Developers Surety and Indemnity Company as surety, are held and firmly bound unto the City of Palm Desert in the sum of S Ten Percent of bid (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 TREE PRUNING. PROJECT 932-16. CONTRACT C34920 The general items of work to be done hereunder consist of pruning hardwood trees and dated February 2, 2016 is accepted by the City of Palm Desert. and if the above bounden principal Liberty Landscaping, 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 attorney's fees. shall be awarded to the prevailing party. IN WITNESS WHEREOF, we hereunto set our Hands and Seals this 28th day of January 2016 Contractor's Name: Liberty Landscaping, Inc Contractor's Signature L� — - ,Signature to be notarized) Title Alejandro Casillas, President Address 5212 El Rivino Road, Riverside, CA 92509 Telephone _ 951-683-2999 Page F-1 Surety's Name: , D velooers Surety and Indemnity Company Surety's SignatureeeLJ�LL��ti-r-- (S�gnature to be notarized) Title Janelle L. Tuo?en,attorney-in-fact Address 17771 Cowan, Suite 100, Irvine, CA 92614 Telephone 800-782-1546 ! A Notary Public or other officer completing this certificate verifies only the /denhty of the individual who signed the docurent. to which this certificate 1s attached. and not the truthfulness. accuracy, or validity of that document Contractor Acknowledgment State of California t S5 SEE ATTACHED ACKNOWLEDGMENT 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 Page F-2 (Seal) A Notary Public or other, officer complebrng this certificate verifies only the identity of the Individual who signed the document. to which this certificate is attached. and riot the truthfulness accuracy or validity of that document Surety Acknowledgment State of California ) 5S SEE ATTACHED ACKNOWLEDGMENT 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 Page F-3 (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the I document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA • County of Riverside i On January 28. 2016 before me, Susan C. Monteon . Notary Public Date Insert Name of Notary exactly as it appears on the official seal I personally appeared Janelle L. Tuominen Nar^e(s) of Signer(s) who proved to me on the basis of satisfactory evidence to 7 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 ., SUSAN C. MONTEON person(s), or the entity upon behalf of which the person(s) acted, executed the instrument COMM. #t2033248 6 Now PM1>CWW" � I certify under PENALTY OF PERJURY under the laws of MVER81DE000NTY Mr WIM EW JULY 13, 21717 the State of California that the foregoing paragraph Is true and correct I Witness my4had and official seal Si naturePlace Notary Seal Above re of Notary Publ c Susan C. Monteon j OPTIONAL j Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document i Description of Attached Document j Title or Type of Document. Document Date _ Number of Pages Signer(s) Other Than Named Above 'I _ Capacity(ies) Claimed by Signer(s) Signer s Name I individual Corporate Officer Title(s) Partner D Limited Li General Attorney In Fact RIGHT THUIVIBPRIN;�, i :! Trustee j Guardian or Conservator Top of thumb here 7 Other Signer Is Representing I I - I Signer s Name - Individual ❑ Corporate Officer --- Titles) ❑ Partner : 1 Limited n General ❑ Attorney to Fact ❑ Trustee OF ❑ Guardian or Conservator i Top of thumb here 0 Other - Signer is Representing CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT f 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 r STATE OF CALIFORNIA k County of Riverside On January 28, 201_6_ — Dare before me susan. C. M_onteon __ _ . Notary Public Insert Name of 'Votary exactly as it appears on the official seal personally appeared — _ Alejandro Casillas SUSAN C. MONTEON COMM. #2033248 y d1 Notary Pubho-CaYforl W RIVERSIDE COUNTY %PMV Comm, Exp. JULY 13, 2017 Place Notary Seal Above Name(s) of Signer(s) 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 persorl 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, hrid and official seal Signature )-AI,,, C �_`�_t- Signature of Notary Public Susan C. on eon OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. j Description of Attached Document Title or Type of Document I I Document Date Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer(s) Signer's Name i Individual r_ Corporate Officer — Title(s) [ Partner [--Limited ❑ General `j Attorney in Fact RIGHT THUMBPRIN Trustee OF V Guardian or Conservator Top of thumb here Other Signer is Representing i • Number of Pages. —_ — Signer's Name ❑ Individual ❑ Corporate Officer -- Title(s). ❑ Partner !_1 Limiteo E1 General ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here I LJ Other Signer is Representing I POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CAL:FCRNJA L ' �:, 19723 ---1-!i%_ C_,­ -,t3 3?--: I I "_Susan C M.ontecn. Jane!le L T_jornmer, jointy or seve(al y­ rr _x IF. I ri; f - I C' -od Cr:"-,:!!I J: .3 2'. 7 !1-1 RI C C -r ac r r. i i c� -2 (1,17 Z 3. 1 *u.r av i :u L) C ':PE C:­.:i7 .et- r ["'77. '.Vt '71 -1 7i7­ a f i J 3' ;`X t:3.Lf :r.E-- he,^:." ,'iS c'!0 cr.'j.;. !rz: j - 01 '•c' Z,' It L':- L: :rr� S J­':u �3 0: 57. :'.f! "C:,c I 61 C ----------- I, -1 51 'e. "ec: Ti- ANTONIO ALNTPWEZ� COW 0 2033&% llii NOTAR(PUBIX CAUFOPIM X ORANGE COUNTY vApK"A_W 9,2017 71 -._1