Loading...
HomeMy WebLinkAboutC34130 - 2015 Citywide Tree Pruning 932-15Contract No. C34130 CITY OF PALM DESERT/PALM DESERT HOUSING AUTHORITY STAFF REPORT REQUEST: AWARD CONTRACT NO. C34130 FOR THE 2015 CITYWIDE TREE PRUNING PROGRAM TO LIBERTY LANDSCAPING, INC., OF RIVERSIDE, CALIFORNIA, IN THE AMOUNT OF $195,639.38 (PROJECT NO. 932-15) 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: April 9, 2015 CONTENTS: Agreement Performance Bond Payment Bond Proposal Recommendation By Minute Motion, the City Council and the Housing Authority Board: 1. Waive minor bid irregularity; 2. Award Contract No. C34130 for the 2015 Citywide Tree Pruning Program to Liberty Landscaping, Inc., of Riverside, California, in the total amount of $195,639.38 (City $145,538.56 and Housing Authority $50,100.82); 3. Authorize the Director of Finance to set aside an additional 10% contingency in the total amount of $19,563.94 (City $14,553.86 and Housing Authority $5,010.08); 4. Appropriate $101,077.42 ($91,888.56 for base contract plus $9,188.86 for contingency) from Unobligated General Funds to Account Nos. 110-4614-453-3370 ($55,592.58), 110-4610-453-3320 ($22,237.03), 110-4611-453-3320 ($18,193.94), and 441-4195-695-3320 ($5,053.87); 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 110-4610-453-3320, 110-4611-453-3320, 110-4610-453-3371, Repair/Maintenance Medians Account 110-4614-453-3370, Desert Willow Account No. 441-4195- 495-3320, and Assessment District Fund 200 accounts; and for the Housing Authority, funds are set aside in the 2014-15 and proposed 2015-16 Housing Authority operating budgets. Staff Report Award Contract No. C34130 to Liberty Landscaping, Inc. Page 2of2 April 9, 2015 Commission Recommendation The Housing Commission reviewed the recommendation at its regular meeting of April 8, 2015. Staff will provide a verbal report upon request. Background This year's Citywide Tree Pruning Program includes both the City of Palm Desert and Housing Authority properties. The subject program was advertised in the local media requesting sealed bids. On Friday, March 27, 2015, at 10:00 a.m., sealed bids were opened and read aloud, with the following bids received: Contractor location Price Liberty Landscaping, Inc. Riverside, CA $ 195,639.38 West Coast Arborists, Inc. Anaheim, CA $ 286,795.00 Upon reviewing the bid submitted by the apparent low bidder, Liberty Landscaping, irregularities were found. The Bidder's Bond, which requires 10 percent of the bid amount, does not contain the actual amount but rather lists "10% of amount bid." In addition, the Contractor's signature on the Bidder's Bond is not notarized. The City Attorney indicated that the errors are minor and that the irregularities 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 110-4610-453-3320, 110-4611-453-3320, 110-4610-453-3371, Repair/Maintenance Medians Account 110-4614-453-3370, and Assessment District Fund 200 accounts; and for the Housing Authority, funds are set aside in the 2014-15 and proposed 2015-16 Housing Authority operating budgets. n Prepared by: Randy Chavez, L5eMscape Supervisor Janet N# Moore, D ector 9f Housing M. i M. Wohlmuth Manager/Executive Director R - .. 14TiI I60=4 a Mark Gr Yu0b od,P.E. Direc flic Works i Paul S. Gibson, Director of Finance Contract No. C34130 AGREEMENT THIS AGREEMENT is made and entered into this 9th day of A ril, 2015, 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, 2015 CITYWIDE TREE PRUNING, PROJECT 932-15; CONTRACT C34130; in strict accordance with the Contract Documents identified below, CITY has accepted said Bid. 2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and found it to be correct, has ascertained that its Subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Bid to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Bid; (e) 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. 1 ; (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 60 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. Contract No. C34130 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. C34130 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. CONTRACTOR: LIBERTY LANDSCAPING, INC. Signature to be notarized TITLE: CITY: 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: DAVID J. ERWIN CITY ATTORNEY 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 persons) 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) 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: 2015 CITYWIDE TREE PRUNING, PROJECT 932-15; CONTRACT C34130; 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 One Hundred Ninety-five Thousand Six Hundred Thirty-nine and 38/100 Dollars ($195,639.38), 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. 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 BY: Name: Address: City/State/Zip Code: Telephone No.: PRINCIPAL INSURANCE COMPANY and/or AGENT 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) 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 personally appeared before me, , who proved to me on t satisfactory evidence to be the person(s) whose name(s) is/are subscribed instrument and acknowledged to me that he/she/they executed the same in he basis of to the within 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) 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 April 9, 2015, described as follows: 2015 CITYWIDE TREE PRUNING, PROJECT 932-15; CONTRACT C34130 , (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 One Hundred Ninety-five Thousand Six Hundred Thirty-nine and 38/100 Dollars ($195,639.38)„ 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 3181 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 performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between the Obligee and the CONTRACTOR hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. CONTRACTOR and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAUCONTRACTOR: (Typed Name of Principal/Contractor) (Signature) (Signature to be Notarized) (Typed Name and Title) SURETY: (Typed Name of Surety) (Signature of Attorney -in -Fact) (Signature to be Notarized) (Typed Name of Attorney -in -Fact) The rate of premium on this bond is $ The total amount of premium charged: $ (the above must be filled in by corporate surety) perthousand 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. ?'. Okaal Agent or Representative for service of process in California if different than Surety Surety Name: Name: Address: Address: City/State/Zip Code: City/State/Zip Code: Telephone No.: Telephone No.: 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. PRINCIPAUCONTRACTOR ACKNOWLEDGEMENT State of California County of On personally appeared satisfactory evidence to be the instrument and acknowledged authorized capacity(ies), and person(s), or the entity upo instrument. ) ss. before me, , who proved to me on the basis of person(s) whose name(s) is/are subscribed to the within to me that he/she/they executed the same in his/her/their that by his/her/their signature(s) on the instrument the n behalf of which the person(s) acted, executed the 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) A Notary Public or other officer completing this certificate verities 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 personally appeared before me, , 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 2015 CITYWIDE TREE PRUNING PROJECT NO.932-15 CONTRACT NO. C34130 TO: CITY OF PALM DESERT, "CITY" BIDDER: I.Ikef'4--1 ] AY1 EC'"1V%r.Tv1r.. "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, 2015 CITYWIDE TREE PRUNING, PROJECT 932-15; CONTRACT C34130; hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). __1___ 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 cashiers check or Bid Bond constitutes a guarantee that 0 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 falls 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. 1 City Tree Pruning EA 1,904 $ 39 $ Iglgg• 2 City Tree Crown Reduction EA 20 $ j 45. $ 3, Q 80• 3 Housing Authority Tree Pruning EA 478 $ `�� ,' $ 35,558- 4 Housing Authority Tree Crown Reduction EA 61 ' TOTAL BID PRICE $19 5, 09 3 8 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 $ M Jr1�3c�3$ TOTAL AMOUNT BASE BID IN WORDS bnt 6&ALrea 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: Signatu Title: si Au+ CONTRACTOR A (Votary Public or other officer completing this certificate verities only the identity of the Individual who signed the document, to which this certificate is aiiached, 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 (Seal of Notary) Page C-3 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 March 20, 2015 before me, Date Susan C. Monteon Insen Name of Notary exactly as it appears on the orfoal seal personaVy appeared Alejandro Casillas Namefs) of Signef(s) SUSAN C. MONTEON COMA.#2033248 rn f» QMY Notary Pubec•CaXornis LnRNERSIDE COUM Calm. Exp. )ULY 112017 , Notary Public, 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 ljj—d' and official seal. Signature C _ Plate Notary Seal Above rpr*ure of Notary Pudic 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):____ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): — ❑ Partner D Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 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._ L41,�-! y �und_S ('qlc . (2) Address GG5211 El R.i v i rno U. Rty��� 4 -5 pq (3) Telephone No. ('� 5 i 03 -2.°I 99 e (4) Type of Finn (Individual, Partnership or Corporation) Cpr-porGL+J D01 (5) Corporation organized under the laws of the State of LaAlPornia, (6) Contractor's License No. '7.5.1 iQ I ( Exp. Date D z j 2°12.016 (7) Department of Industrial Relation Contractor Registration No. 1 AQW 9201 (8) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: 't1 A1e10�rn L sJ1aL,-?widui �2(2 ] �yinu • QiY2t5idQ (,.f� CL I<< as; rSew 1 521 2 R► yA, ('A � a-aLe d 1'asi 1145.-re_as.ur'e r 5219-M B,vi n o gA..'1vUS iJ .A (9) Number of years' experience as a tree pruning contractor. 2,5 qtQ rj (10) Name of I.S.A. Certified Arborist (ISA) field supervisor overseeing this project: Name: &)eA Lam ISA NumberW_1C--JIaZ2A Exp.Dateec.20IS (11) Number of ISA Certified Tree Workers with this organization. 6rTes- THE REMAINDER OF THIS PAGE 1S LEFT INTENTIONALLY BLANK Page D-1 (12) List at least three projects similar scope and size, and completed within the last five years (two must be pruning of low desert trees): Note: The City of Palm Desert may be used only once as reference for this section. Contract Amount Class of Work Date Completed Name, Address & Telephone No. of Owner °hD i.�0 rem Prvn AJ lick. 1,14f Zply � off^ Ask , eewHon ►�cuc. Pt �080. 45 - 7 CIO— z9z 151 2. °° a EM b� Mu-}4iNst Pam Poga i4 Dr. la Qvin r1 I N 00• �r�n�., -rrce i Ton.31.2b 43-1Co ,1J)gg4-T0ro Ewt•270 7ohn Schu 41, Taf. if D►ret-4or 3. Srn polo CIO M0-4>> DCG. 2-D14 CJ0:3�kVtsjmA4- to $-him 5283` �Ti��."'cA g2zol en + (13) 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. (14) Subcontractor's Name: a \ k License Number. Business Address: Telephone: Work Description: Percent of Work: Subcontractor's Name: N \_ #s- License Number. Business Address: Telephone: Work Description: Percent of Work: Page D-2 ?;V Subcontractor's Name: Ar License Number: Business Address: Telephone: Work Description: Name of Bidder (15) List the name of the person who inspected the site of the proposed work for your firm &lea j,L,rmInes mein &An jkg:tC =A L6csrisA (16) 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. Contractor hereby swears under penalty of perjury that this information provided is true and correct. By: Title: ?re s i d" 4- ignature Contractor Page D-3 E — NONCOLLUSION DECLARATION To be Executed by Bidder and Submitted with Bid The undersigned declares: I am the amidertof Lib" i.�u1dSCn� ' the th party making the foregoing bid. The bid is not made in e 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 5, at Rirerside_ wiporllsd— city sate By: Signature CONTRACTOR Page E-1 F — BIDDER'S BOND To Accompany Bid KNOW ALL MEN BY THESE PRESENTS, That we, Liberty Landscaping, Inc. as principal, and CeyelopeM auEgly and Indemnity Comoany as surety, are held and firmly bound unto the City of Palm Desert in the sum of $ 10% or amount 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: 2015 CITYWIDE TREE PRUNING, PROJECT 932-15; CONTRACT C34130;. The general items of work to be done hereunder consist of pruning hardwood trees and dated March 27, 2015 is accepted by the City of Palm Desert, and if the above bounden principal Libea 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 _ 18th day of March 201S Contractor's Name: Contractor's Signature: - -- (Signature to be notarized) Title:�Alejandro Casillas. President Address: r,212 Ei Riyii3a Road_ &y=ide. C.A 92509 Telephone: 951-683-29H Page F-1 Surety's Name: Developers Surety and Indemnity Company Surety's Signature (Signature to be notarized) Title: Address: 1j771 Cowan. Suite 100, Irvine, CA 92614 Telephone: 800-782-1546 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 Acknowiedgment State of California ) ) ss. 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 (Seal) Page F-2 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Surety Acknowledgment State of California } Ss 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 (Seal) Page F-3 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly fmnled. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do each hereby make, conshile and appoint: "'Susan C. Monteon, Janelle L. Tuorninen, jointly or severally•• as then true and lawful Altomey(s}ar-Fact. to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties. bonds, undertakings and contracts of surety- ship gig and grairn9 unto said Atomey(sym-Fact full power and authority to do and to perform every act necessary requisite or proper to be done in connection therewith as each of said corporations could do, but remi g to each of said corporations ful power of substtution and revocation, and all of the acts of said Attomey(s)-tic-Fact pursuant to these presents, are hereby ratified and con8mhed. This Power of Attorney is granted and is signed by facsimile under and by authority of the fofiowirhg resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORN A effective as of January 1st 2008 RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice-Presdent Senior Vice-Preslderit or any Vice Presiclent of the corporations be, and that each of them hereby Is, authorized to execute this Power of Attorney quafdy V the adomey(s) named in the Power of Attorney to execute on behat of the corporations. bonds. undertakings and contr ids of suretyship and hat the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Ataney. RESOLVED, FURTHER, that the sgnatwes of such officers may be affixed to any such Power of Attorney or to arty certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile spnaftrres shall be valid and bind'ng upon the corporations when so affixed and in the future with respect to any bond. undertaking or contract of surelyslrp to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severaky caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this November 21 2013. By I GZ „�ty„AN0 iyo• : O�PANYQ.e� Daniel Young, Senior Vice President G ` J4 .• aPOR." :Fy G _aPO'4 n Mark J Lansdon. Vice-Presdenl Stale of California County of Orange On Nov_enhber 21, 2013 before me. Date Personally appeared Cr OCT.s W oJt: 936 �'�'�`'• row► •'aD: 1!� - Anta_hia Alvarado, Ndary Public Here Insert Name and Title of the Officer Daniel Yang and Mark J Larrsdon Name(s) of Sgnei(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the witlUh uutrumerhl and acknowledged to me that lhelshe" executed the same in hisrherAheir authorized capacity('ies) and that by hisAwitheir signature(s) on the Instrument the person(s), or tie entity upon behalf of AKr(M ALyARApp which the persons) acted executed the.isuixnent. Cow.11 I certify under PENALTY OF PERJURY under the taws of the Stale of California that are foregoing paragraph is NOf TART PlSl1C CALJFaiYiN ORANGE COlIfry true and correct. oOrINL a �17 WITNESS rrry hand and offipal seal Place Notary Seal Above Signature —!— _-- --_-- ��—._..----- AnlanioAlvarado, Notary Public CERTIFtCATE The undersigned, as Secretary orAsshstant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA does hereby certify that the foregoing Power of Atomey remains In full (ace and has not been revoked and furthermtxe that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney are in face as of the date of this Celdicat: This Certificate is executed In the City of Irvine California th s IBM day of March M15 By C4j Cassle J Berrisfaf Assistant Secretary D-1380(Rev 11113) VV 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 March 18, 2015 before me, Susan C. Monteon , Notary Public, Date Insert Name of Notary exady as it appears on the official seal personally appeared Janelle L. Tuominen Names) Signer(s) SUSAN C. MONTEON = , T comm.#12033248 m rn .. Nc y PW*,CAHon1b S� ty RIVERSIDE COLWTY My Comm. EqL DULY 13, 2017 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 hisiher/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 h nd and official seal. Signature Plaee Notary Seal Above ignattee a Not Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ 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 7603417096 Public Works CPD 11:29 15 03-23-2015 CITY OF PALM DESERT RIVERSIDE COUNTY CALIFORNIA ADDENDUM NO. I FOR CONTRACT NO. C34130 PROJECT NO.932-15 2015 CITYWIDE TREE PRUNING PRK GREENWOOD, P.E. Director of Public Works 73-510 Fred Waring Drive Palm Desert, CA 92260 ISSUED MARCH 23, 2015 76034 i 7098 Public Works CPD 11:29:46 03-23-2015 212 2015 CITYWIDE TREE PRUNING PROJECT NO.932-15 CONTRACT NO. C34130 ADDENDUM NO. 1 This addendum responds to written questions that were submitted by 10 a.m. on March 20, 2015, in accordance with the Notice Inviting Bids. Question: How much of the tree is to be reduced for the crown reduction? Answer: 25% to 40%. Question: Will the trees to prune be marked prior to work beginning? Answer: No. Please refer to Attachments and cover sheets in the contract specifications. Question: Will the City have a place to dump green waste? Is there a charge? Answer: No, the City will not provide a place to dump green waste. Green waste disposal is the contractor's responsibility. Refer to contract specifications. Question: Effective February 22, 2015, The State of California Department of Industrial Relations published a new wage classification for Landscape Maintenance Tree Trimmer under the "Landscape/Irrigation Laborer Tender" wage determination (SC- 102-X-14-2015-1) that is designed for this type of work. Is this the wage classification that is to be used for this project? Answer: Contractor is responsible to contact the State of California Department of Industrial Relations to verify the classification for this project based on the latest general decision.