HomeMy WebLinkAboutC34270 - 2015 Citywide Palm Tree Pruning 931-15Contract No. C34270
CITY OF PALM DESERT/PALM DESERT HOUSING AUTHORITY
STAFF REPORT
REQUEST: ACCEPT LOW BIDDER'S REQUEST TO WITHDRAW AND AWARD
CONTRACT NO. C34270 FOR THE 2015 CITYWIDE PALM TREE PRUNING
PROGRAM TO SECOND LOWEST BIDDER, LIBERTY LANDSCAPING, INC.,
OF RIVERSIDE, CALIFORNIA, IN THE AMOUNT OF $104,397.44 (PROJECT
NO. 931-15)
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: Low Bidder's Request to Withdraw
Agreement
Performance Bond
Payment Bond
Proposal
Recommendation
By Minute Motion, the City Council and the Housing Authority Board:
1. Accept low bidder's request to withdraw;
2. Award Contract No. C34270 for the 2015 Citywide Palm Tree Pruning Program to
Liberty Landscaping, Inc., of Riverside, California, in the total amount of
$104,397.44 (City $93,784.64 and Housing Authority $10,612.80);
3. Authorize the Director of Finance to set aside an additional 10 percent contingency
in the total amount of $10,439.74 (City $9,378.46 and Housing Authority
$1,016.28);
4. Appropriate $42.151.60 ($38,319.64 for base contract plus $3,831.96 for
contingency) from Unobligated General Funds to Account Nos. 110-4614-453-3370
($14,050.53), 110-4610-453-3320 ($14,050.53), 110-4611-453-3320 ($14,050.54);
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
Page 2 of 2
April 9, 2015
C34270 for 2015 Citywide Palm Tree Pruning
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
The Citywide Palm 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 March 31, 2015, at 10:00 a.m., sealed bids were opened and read aloud, with the following bids
received:
Contractor
Location
Price
Andy's Landscape & Tree Service, Inc.
Palm Desert, CA
$68,848.45
Liberty Landscaping, Inc.
Riverside, CA
$104,397.44
Reliable Tree Care
Coachella, CA
$144,293.50
West Coast Arborist, Inc.
Grand Terrace, CA
$146,120.00
The apparent lower bidder, Andy's Landscape & Tree Service, Inc., has requested that its bid be
withdrawn because the prevailing wage stipulation was not taken into account when the bid was
prepared. Staff reviewed the second lowest bid from Liberty Landscaping, Inc. and found that it
meets all requirements.
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, 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 Authgr}ty operating by(dgets.
Pre red by:
andy Chavez, L ndsca upervisor
Janet MI Moore, Dpctor of Housing
proval:
i M. Wohlmuth
Manager/Executive Director
DepOrnafrif Head:
Mark C#ef nwood,"P.E\
Directord Public Works
I S. Gibson, Director of Finance
Andy's Landscape & Tree Service, Inc.
P.O. Box 10520, Palm Desert, CA 92255 760.320.8850 or 760.345.6027
CA C61/D49 C-27 License 907771 Arborist Certificate WE8688A
Randy Chavez
Senior Inspector
City of Palm Desert,
Please accept this letter as our official request to respectfully withdraw our bid for
the citywide palm tree contract.
Andy C Lavariega
Contract No. C34270
AGREEMENT
THIS AGREEMENT is made and entered into this 9th day of April, 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 PALM TREE PRUNING, PROJECT 931-15; CONTRACT
C34270; 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. 2; (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. C34270
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. C34270
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.
BY: ATTEST BY:
Signature to be notarized
TITLE:
CITY:
TITLE: Mayor of Palm Desert, CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
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 validitv 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)
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 PALM TREE PRUNING, PROJECT 931-15;
CONTRACT C34270;
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 Four Thousand Three Hundred Ninety-seven and 44/100 Dollars
($104,397.44), 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
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)
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 PALM TREE PRUNING, PROJECT 931-15;
CONTRACT C34270
, (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 Four Thousand Three Hundred Nine -seven and
44/100 Dollars ($104,397.44), 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.
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.:
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)
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
2015 CITYWIDE PALM TREE PRUNING
PROJECT NO.931-15
CONTRACT NO. C34270
TO: CITY OF PALM DESERT, "CITY"
DATE: M a-A-.c�t Z C). Zo l S
BIDDER: L k-.-%"CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, 2015 CITYWIDE PALM TREE PRUNING,
PROJECT 931-15; CONTRACT C34270; hereby proposes to construct the work in
accordance with the Contract Documents, including Addenda No(s). 2 for the amount
stated in this Bid.
By submitting this Bid, CONTRACTOR agrees with CITY:
1. That unless withdrawn in person by CONTRACTOR or some person authorized
in writing by CONTRACTOR before the time specified in the Notice Inviting Bids
for the public opening of bids, this Bid constitutes an irrevocable offer for 60
calendar days after that date.
2. The CITY has the right to reject any or all Bids and to waive any irregularities or
Informalities contained in a Bid.
3. That the contract shall be awarded only by the governing body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
CITY shall obtain all necessary signatures of the governing body, at which time
the contract shall be deemed awarded.
4. To submit to CITY such information as CITY may require to determine the
Bidder's financial standing experience and to perform the work.
5. That the accompanying certified or cashier's check or Bid Bond constitutes a
guarantee that if awarded the contract, CONTRACTOR will execute the
Agreement and deliver the required bonds and certificates of insurance within 10
days after notice of award. If CONTRACTOR fails to execute and deliver said
documents, the check or bond is to be charged with the costs of the resultant
damages to CITY, Including but not limited to publication costs, the difference in
money between the amount bid and the amount in excess of the bid which costs
CITY to do or cause to be done the work involved, lease and rental costs,
additional salaries and overhead, increased interest and costs of funding the
project, attorney expense, additional engineering and architectural expense and
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 Palm Tree Pruning
Housing Authority Palm Tree
2 Pruning
TOTAL BID PRICE
EA 3,293 $ .�
EA 360 $ $
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 $ oLi . 391 . Ct L(
TOTAL AMOUNT BASE BID IN WORDS Dnp_ LnAxPA ro"-4,6n, aR.&,A -, r
■M'.T.Rl �IifiTT,:�+Y�f1'iTi :11 �.. !�iT:.�i�•. :=0IMKTt
THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY
SIGNATURES TO FOLLOW
Page C-2
Q
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on
Page C-1:
By:
Z'-
Signature Cl
Title:
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)
CAUFORNIA 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 CAUFORNIA
County of Riverside
On March 27, 2015 before me, Susan C. Monteon , Notary Public,
Dole Insert Name of Notary exactly as it appears on the official seal
personally appeared Alejandro Casillas
-Nmnasi dswells)
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
SUSAN C. MONTEON
person(s), or the entity upon behalf of which the person(s)
COMM.1f2033246 m
V._%My
acted, executed the instrument.
rA
RMFI � -'
I certify under PENALTY OF PERJURY under the laws of
o mm, E* 1ULY 13, 2011
the State of California that the foregoing paragraph is true
and correct.
Witness my h d and official seal.
Signature
Place Notary Seel Above
"ure of Notary Pubbc
OPTIONAL
Though the information below is not required by law it may prove valuable to persons retying 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:
Signers) 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
Top of thtxrtb here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner O 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 L b" a rcj n i na ,:,n c--
(2) Address JtZ 11 E1 Qiv, inn P& Q1Vea-5 !e CA 9ZL0q
(3) Telephone No. C 5 I) (63 - Z 9 clQ
(4) Type of Firm (Individual, Partnership or Corporation) �.orDara-t'ic�n
(5) Corporation organized under the laws of the State of Ca Ji form i g ,
(6) Contractor's License No. 15 6b l 1 Exp. Date 0 Z - Z9 - 20 Be
(7) Department of Industrial Relation Contractor Registration No. 1000003161 _
(8) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
Aletn Joan ns, 2ra s 1 AU& 5212 R1 fla't rin Rol - Ri dens; d-e- CA
�811ref '6212 El Qi vi n o lid- 9,%,fQxsiAg C M
R��� L 's tl�s��,�' r� 5217- Ea R+vi n6 RA. RivusJe CA
(9) Number of years' experience as a tree pruning contractor. 7-5 � e a rs
(10) Name of I.S.A. Certified Arborist (ISA) field supervisor overseeing this project:
Name: UZ.6 Lam ip ISA Numberk-105i� Exp.Date -ec. 2015
(11) Number of ISA Certified Tree Workers with this organization. cos,,, aw �ar e4
THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK
Page D-1
(12) List at feast 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 &
Tele one No. of Owner
1. cv
+e (P� i n •
paimTre-c
Prun i n5
201 p
o m gsor
F, 3� �cz ,�%Ato.- �Jsc �
E bZ
vo
2%I 4 gp8 •
rnTr
run i n
Pvb
B�M� 4
4W�dvv+_ `q
d
CAIVJ Aims, Pm;a auvrr
cgs1 2n
3.
f�2 p a
�'liJ, 0 �OCJ.
i�c�1m Tree
PfU n i �Lg
20 t 2- Zo I �C°`�rH5t,Gotl�e.�.
Sam t�� �►
Wen Lobo., proPU* Ma^w'tW
I�rr�usx�
bq -IBES
(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: U
License Number:
Business Address:
Telephone:
Work Description: Percent of Work:
Subcontractor's Name:
License Number:
Business Address.
Telephone:
Work Description: Percent of Work:
Page D-2
Subcontractor's Name:
License Number:
Business Address:
Telephone:
Work Description:
G1y\ Lomb
Name of Bidder
Signature of Bidder
(15) List the name of the Rerson who inspected the site of the proposed work for your
firm ir-n l.w.m L. Lxisiness Acc ooA5 MA4%a,4" /-rrA Arb n-A
(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: �'f�51 sak�
gnature Contractor
Page D-3
E - NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
I am the ?re- 5) d ec-k- of \- 1\.W.f l!( L..�mta the
party making the foregoing bid. The bid is not made In the interest of, or bn 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 Califomia that
the foregoing is true and correct and that this declaration is executed on
CD , 20L S, at \k-z\ V ars 1 As— C
city State
By:
Signature
Title: ?re SZ 110.h l-
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 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 (10111, of bid)
to be paid to the said City or its certain attorney, its successors and assigns, for which
payment, weft 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 PALM TREE PRUNING, PROJECT 931-15, CONTRACT C34270,
The general items of work to be done hereunder consist of pruning hardwood trees and
dated March 31, 2015 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 _ 25th day
of March 2015
Contractor's Name: Liberty Landscaping, Inc.
Contractor's Signature.�_
(Signalure 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; Developers Surety and Indemnity Compan
Surety's Signature
(Signature to be ��olar;z"cf i
Title Janelle L. T?rnine,attorney-in-Fact
Address. 17771 Cowan, Suite 100, Irvinel CA 92614
Telephone _ 949-263-3300
A Notary Public or other officer completing this certificate verifies only the identify of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that docunlenl
State of California
County of
On
Contractor Acknowledgment
}
ss SEE ATTACHED ACKNOWLEDGMENT
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 hisfherltheir
authorized capacity(res), and that by his/her,itheir 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 of ,*cial seal
Signature
Page F-2
(Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the
indrwdual 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
Surety Acknowledgment
)
ss SEE ATTACHED ACKNOWLEDGMENT
On before rne,
personally appeared _
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) rslare subscribed to the within
instrument and acknowledged to me that helsheithey executed the same in his/her/their
author+zed capacrty(res). 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)
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 limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
"'Susan C. Monteon, Janette L. Tuominen, jointly or severally —
as their We and lawfulAttomey(s)-n-Fact, to make, execute, deliver and acknowledge, for and on behalf of sad corporations, as sureties bonds, undertakings and contracts of surety-
stup giving and granting unto said Albmey(syn-Fact fill power and authority to do and to perform every act necessary. requisite or proper to be done in connection lherewith as each of
said corporations could do, but reserving to each of said corporations tub power of substrluton and revocation, and all of the ads of said Atlomey(s),rt-Fact pursuanl to these presents
are hereby ratified and confirmed.
This Power of Aitomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st. 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President. Senior Vhce•Presdent or any Vice President of the
corporations be, and Ihat each of trem hereby is, authorized to execute this Power of Attorney, qualifying the atomey(s) named in the Power of Atomey to execute on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that 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 Attorney,
RESOLVED, FURTHER, that the signatures of such dicers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be vaid and binding upon the corporations when so affixed and in the future with respect to any band, undertaking
or contract of suretystup to which it is attached.
IN WITNESS WHEREOF DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this November 21, 2013.
gy. I Ls�ffc'^ y,
Daniel Young, Senior Vice -President
8y
Mark J Lansdon Vice -President
State of California
County of Orange
On November 21 2013 before me,
Dale
personally appeared _-- -
Place Notary Seal Above
QF,.......
y�
.,.OpPoe�r .`y.
W i OCeT ' <
o�; 1936 F',r
z�7�., rOWA. rill'.
Antonio Alvarado Naay Pubic
Here Insert Name and Title of the Officer
Daniel Yw N aril Mark J Lans_don
Names) of Signer(s)
who proved to me on the basis of sausfactory evidence le be The person(s) whose names) dare subscribed to
the within insIr ment and acknowledged to me that hefshelthey executed the same in hislherltheir authorized
capacity(ies), and (hat by hisftrAheir signature(s) on the insWment the person(s), or the entity, upon behalf of
which the persons) acted, executed the hnstn>rnent.
I certify under PENALTY OF PERJURY under the taws of the State of California 90 the foregoing paragraph is
true and correct.
WITNESS my hand and offiaal seal.
Signature _--...
CERTIFICATE
Antonio Alvarado. Notary Public
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY of INDEMNITY COMPANY OF CALIFORNIA. does hereby
certrfy that the foregoing Power of Attorney remains in full force and has not been revoked and. hrthermore that the provisions of the resolutions of the respective Boards of Directors of
said corporaWns set forth in the Power of Attorney are in force as of the dale of this Certificate.
TMs Certificate is executed in the City of Irvine Caldo mia. this 25M ray a March N15 -
By �f4►..
Lassie J BerrislotAsrslanl Secretary
ID•1380(Rev 11/13)
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 25, 2015 before me.
Date
Susan C. Monteon
Insert Name of Notary exactly as It appears on the of mal seal
personally appeared Janette L. Tuominen
Name(s) of Signer(s)
, 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/shelthey
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
SUSAN C. MONTEON It acted, executed the instrument_
COMM.*2033248 m
rn . Nowt' Pubk-caubrrtis W I certify under PENALTY OF PERJURY under the laws of
i2lver+sMCoutirry � the State of California that the foregoing paragraph is true
My C nnt. E% JULY 13, Tt117 and correct.
Witness my h d and official seal.
Signature _ ^
Place Notary Said Above g e 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:
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:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s): —
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer is Representing:
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 27, 2015 before me, Susan C. Monteon , Notary Public,
Date lased Name of Notary exactly as N appears on the of cal seal
personally appeared Alejandro Casillas
Narr e(s) of slgner(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
80 C�� person(s), or the entity upon behalf of which the person(s)
COMM.*2033248 acted, executed the instrument.
Notary PuWiceCalbMin I
RIVER-1-5-0—in . -• I certify under PENALTY OF PERJURY under the laws of
My Comm. Fxp. JMY 13, 2017 the State of California that the foregoing paragraph is true
and correct.
Witness my ha d and official seal.
Signature �ccn
Place Notary Seal Above "ure of Notary Pubge
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 tbrm to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: _
❑ Individual
❑ Corporate Officer—Title(s): -
❑ Partner 0 Limited ❑ General
❑ Attorney in Fact
L7 Trustee
❑ Guardian or Conservator
Ll Other
Signer Is Representing.
Number of Pages.
Signer's Name:
❑ Individual
U Corporate Officer—Title(s):,
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer is Representing-
7603417098 Public Works CPD 11.17:37 03-24-2015 112
CITY OF PALM DESERT
DEPARTMENT OF PUBLIC WORKS
ADDENDUM NO.1
FOR
2015 CITYWIDE PALM TREE PRUNING
PROJECT NO. 931-15
CONTRACT NO. C34270
ISSUED March 24, 2015
DIRECTOR D TOR OF PUBLIC WORKS
IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE
ACKNOWLEDGED IN CONTRACTOR'S PROPOSAL
7603417098 Public Works CPD I I:18.09 03-24-2015 2 12
This addendum changes the following items for the project bid documents for the
above referenced project:
1. All questions must be put in writing and must be received by the City no
later than 2:00 p.m. on Thursday, March 26, 2015.
Page 2 of 2
7603417098 Publ,< Works CPD 14:20 46 03-26-2015 1 r2
CITY OF PALM DESERT
RIVERSIDE COUNTY
CALIFORNIA
ADDENDUM NO.2
FOR
CONTRACT NO. C34270
PROJECT NO.931-15
2015 CITYWIDE PALM TREE PRUNING
l`
MARK GREENWOOD, P.E.
Director of Public Works
73-510 Fred Waring Drive
Palm Desert, CA 92260
ISSUED MARCH 26, 2015
7603417098 Public Works CPD
14-27:17 03-26-2015 2,2
2015 CITYWIDE PALM TREE PRUNING
PROJECT NO.931-15
CONTRACT NO. C34270
ADDENDUM NO.2
This addendum responds to written questions that were submitted by 2 p.m. on March 26,
2015, in accordance with the project bid documents.
Question: Will the palm trees require skinning? If so, how many feet are required?
Answer. No. Refer to contract specifications.
Question: Will the palm 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.