HomeMy WebLinkAboutC30450 Citywide Palm Tree Pruning Program 931-11 - Joint ConsiderationContract No. C30450
CITY OF PALM DESERT/PALM DESERT HOUSING AUTHORITY
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C30450 FOR THE CITYWIDE PALM TREE
PRUNING PROGRAM TO ANDY'S LANDSCAPE AND TREE SERVICE,
INC., OF PALM DESERT, CALIFORNIA, IN THE AMOUNT OF $72,376.00
(PROJECT NO. 931-11)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
Janet M. Moore, Director of Housing
CONTRACTOR: Andy's Landscape and Tree Service, Inc.
P.O. Box 10520
Palm Desert, CA 92255
DATE: February 24, 2011
CONTENTS: Agreement, Performance Bond, and Payment Bond Forms
Proposal
Recommendation
By Minute Motion, the City Council and the Housing Authority Board:
1. Award Contract Number C30450 for the Citywide Palm Tree Pruning Program
to Andy's Landscape and Tree Service, Inc., of Palm Desert, California, in the
total amount of $72,376.00 (City $64,746.00 and Housing Authority $7,630.00);
2. Authorize the Director of Finance to set aside an additional 10% contingency in
the total amount of $7,237.60 (City $6,474.60 and Housing Authority $763.00);
and
3. Authorize the Mayor/Chairman to execute the agreement.
Funds are available for the portion of the contract relative to the City and Assessment Districts in
Parks and Recreation Accounts 110-4610-453-3320, 110-4611-453-3320, 110-4611-453-3371,
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 2010-11 Housing Authority
operating budget.
Commission Recommendation
The Housing Commission reviewed the recommendation at its regular meeting of February 9,
2011. Staff will provide a verbal report upon request.
Staff Report Contract No. C30450
Award Contract No. C30450 to Andy's Landscape and Tree Service, Inc.
February 24, 2011
Page 2 of 2
Background
This year's 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 Friday, January 28, 2011, at 9:00 a.m., sealed bids were opened and read
aloud, with the following bids received:
Andy's Landscape & Tree Service, Inc. Palm Desert, CA 72,376.00
Desert View Tree Service, Inc. Palm Desert, CA 76,020.00
Reliable Tree Care Coachella, CA 78,355.00
Mario's Tree Service Farmersville, CA 94,820.00
Thrifty Tree Service, Inc. Reseda, CA 100,540.00
West Coast Arborists, Inc. Anaheim, CA 144,800.00
Staff reviewed the bid proposal submitted by Andy's Landscape and Tree Service, Inc., and
determined that the bid requirements have been met.
Therefore, staff recommends that, by Minute Motion, City Council and the Housing Authority
Board award the Contract No. C30450 to Andy's Landscape and Tree Service, Inc., of Palm
Desert, California, in the total amount of $72,376.00 (City $64,746.00 and Housing Authority
$7,630.00); authorize a 10% contingency in the total amount of $7,237.60 (City $6,474.60 and
Housing Authority $763.00), and authorize the Mayor/Chairman to execute the agreement.
Fiscal Analysis
This is an on -going maintenance activity with no fiscal impact beyo9d the
Prepared by:,
H. Sp cer Kt, Landscape Manager Mark GreenvId6d, P.E.
Director of PublicWO H
Moore, Director of Housing ,V(stinj McCarthy, ACM
CITY CO V NCIL
Paul S. Gibson, Director of Fin
JOVM. Wohlmuth PIVL' a:
it Manager/Executive DirectorABSENPs
ABSTAIN:
VERIFIED BYa
Original on File with
DENIED
OTHER
office
amount.
Housing
1N'
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CITY OF PALM DESERT
CITYWIDE PALM TREE PRUNING PROGRAM
PROJECT 931-11
CONTRACT NO. C30450
AGREEMENT
THIS AGREEMENT is made and entered into in the City of Palm Desert on this 24th
day of February, 2011, by and between City of Palm Desert/Palm Desert Housing
Authority, hereinafter referred to as "Owner, "City," or "Agency," and Andy's Landscape
and Tree Service, Inc., herein referred to as "Contractor."
WITNESSETH:
WHEREAS, on January 5, 2011, City invited bids for Citywide Palm Tree Pruning; and
WHEREAS, pursuant to said invitation, Contractor submitted a bid, which was accepted
by City for said services; and
WHEREAS, Contractor states that it has re-examined its contractor's proposal and
found it to be correct, has ascertained that its subcontractors are properly licensed and
possess the requisite skill and forces, and has examined the site and contract in
accordance with the contract documents for the money set forth in its proposal to be
paid as provided in the contract documents;
NOW, THEREFORE, in consideration of their mutual promises, obligations, and
covenants hereinafter contained, the parties hereto agree as follows:
(1) TERM The term of this Agreement shall be from date of execution of this
instrument through July 31, 2011 or to such later date as may be agreed in
writing between parties.
(2) CITY'S OBLIGATIONS For furnishing services, as specified in this Agreement,
City will pay and Contractor shall receive in full compensation, therefore the total
sum of Seventy-two Thousand Three Hundred Seventy-six dollars ($72,376.00)
as billed on a per -item monthly basis as set forth in the Contract Documents and
adopted by City.
(3) CONTRACTOR'S OBLIGATION For, and in consideration of, the payments and
agreements hereinbefore mentioned to be made and performed by City,
Contractor agrees with City to furnish the services and to do everything required
by this Agreement and the Contract Documents, Specifications and Conditions.
(4) HOLD HARMLESS AND INDEMNIFICATION Contractor agrees to defend,
indemnify, and hold harmless City of Palm Desert, its officials, officers,
employees, representatives, and agents from and against all claims, lawsuits,
liabilities or damages of whatsoever nature arising out of its connection with, or
relating in any manner to, any act or omission of Contractor, its agents,
SECTION 1 — CONTRACT DOCUMENTS Page 1
employees, subcontractors and employees thereof in connection with, the
performance or non-performance of this Agreement. Contractor shall thoroughly
investigate any and all claims and indemnify City and do whatever is necessary
to protect the City of Palm Desert, its officials, officers, employees, agents, and
representatives as to any such claims, lawsuits, liabilities or damages.
(5) AMENDMENTS Any amendment, modification, or variation from the terms of
this Agreement shall be in writing, signed by Contractor and approved by the City
Council of the City.
(6) TERMINATION If, during the term of this Agreement, City determines that
Contractor is not faithfully abiding by any term or condition contained herein, City
may notify Contractor in writing of such defect or failure to perform; which notice
must give Contractor a three-day period of time thereafter in which to perform
said work or cure the deficiency. If Contractor fails to perform said work or cure
the deficiency within the three (3) days specified in the notice, such shall
constitute a breach of this Agreement and City may terminate this Agreement
immediately by written notice to Contractor to said effect. Thereafter, except as
otherwise set forth herein, neither party shall have any further duties, obligations,
responsibilities, or rights under this Agreement except, however, any and all
obligation of Contractor's surety shall remain in full force and effect, and shall not
be extinguished, reduced, or in any manner waived by the termination hereof. In
said event, Contractor shall be entitled to the reasonable value of its services
performed from the beginning of the period in which the breach occurs up to the
day it received City's Notice of Termination, minus any offset from such payment
representing the City's damages from such breach. City reserves the right to
delay any such payment until completion of confirmed abandonment of the
project, as may be determined in the City's sole discretion, so as to permit a full
and complete accounting of costs. In no event, however, shall Contractor be
entitled to receive in excess of the compensation quoted in its bid.
The City Council may terminate the contract with 30 days written notice for any
reason.
(7) INCORPORATED BY REFERENCE The Notice Inviting Bids; Bid Terms and
Conditions/Instructions to Bidders; Contractor's Proposal Submission Forms;
Addendum Nos. (none); General Terms and Conditions; Specific Terms and
Conditions; Extra Work Pricing Schedule; Change Orders; additional or
supplemental specifications, drawing, maps or diagrams; and City -issued forms
relating to this project, are hereby incorporated in and made a part of this
Agreement.
(8) COMPLETE AGREEMENT This written Agreement, including all writings
specifically incorporated herein by this reference, shall constitute the complete
agreement between the parties hereto. No oral agreement, understanding, or
representation not reduced to writing and specifically incorporated herein shall be
of any force or effect, nor shall any such oral agreement, understanding, or
representation be binding upon the parties hereto.
SECTION 1 — CONTRACT DOCUMENTS Page 2
(9) BINDING AGREEMENT This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns.
(10) CALIFORNIA LABOR CODE COMPLIANCE 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 workers' 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."
Further to the performance of the terms of this Agreement, Contractor agrees
that it will not engage in, nor permit such subcontractors as it may employ, to
engage in discrimination in employment of any person because of the age, race,
color, sex, national origin or ancestry, or religion of such persons. Violation of this
provision may result in the imposition of penalties referred to in Labor Code
Section 1735.
(11) AUDIT City shall have the option of inspecting and/or auditing all records and
other written material used by Contractor in preparing its statements to City as a
condition precedent to any payment to Contractor.
(12) NOTICE All written notices to the parties hereto shall be sent by United States
mail, postage prepaid by registered or certified mail, return receipt requested,
addressed as follows:
IF TO CITY: IF TO CONTRACTOR:
Office of the City Clerk
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, CA 92260
(13) LITIGATION COSTS In the event an action is filed by either party to enforce any
rights or obligations under this Agreement, the prevailing party shall be entitled to
recover reasonable attorney's fees and court costs, in addition to any other relief
granted by the court.
SECTION 1 — CONTRACT DOCUMENTS Page 3
(14) AUTHORITY TO EXECUTE AGREEMENT Both City and Contractor do warrant
that each individual executing this Agreement on behalf of each party is a person
duly authorized.
IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by
their duly authorized officials, this Agreement which shall be deemed an original on the
date first above written.
CONTRACTOR:
By: Title:
Printed name
Signature (to be notarized)
FOR CITY BY:
JEAN M. BENSON
MAYOR/CHAIRMAN
Palm Desert, California
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
ATTEST:
RACHELLE D. KLASSEN
CITY CLERK
Palm Desert, California
DAVID J. ERWIN
CITY ATTORNEY
SECTION 1 — CONTRACT DOCUMENTS Page 4
CITY OF PALM DESERT
CITYWIDE PALM TREE PRUNING PROGRAM
PROJECT NO. 931-11
CONTRACT NO. C30450
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded
to hereinafter
designated as "Principal", a contract for:
CITYWIDE PALM TREE PRUNING PROGRAM
PROJECT NO.931-11
CONTRACT NO. C30450
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, I the
Principal, and as Surety, are held and firmly bound
unto the City of Palm Desert, hereinafter called City, in the penal sum of
Dollars
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 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 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.
SECTION 1 — CONTRACT DOCUMENTS Page 5
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 52011.
SURETY
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
PRINCIPAL
IC •
SECTION 1 — CONTRACT DOCUMENTS Page 6
CITY OF PALM DESERT
CITYWIDE PALM TREE PRUNING PROGRAM
PROJECT NO. 931-11
CONTRACT NO. C30450
Payment Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has
awarded to (hereinafter designated as "Contractor"), an
agreement dated described as follows: CITYWIDE PALM
TREE PRUNING PROGRAM, PROJECT NO. 931-11, CONTRACT NO. C30450
(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 3247 of the California Civil Code;
NOW, THEREFORE, we, , the undersigned
Contractor, as Principal, and a corporation organized and
existing under the laws of the State of , and duly authorized
to transact business under the laws of the State of California, as Surety, are held and firmly
bound unto the City of Palm Desert and to any and all persons, companies or corporations
entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of
Dollars ($ ), said sum being not less than one hundred percent (100%)
of the total amount payable by said Obligee under the terms of 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 3247 through 3252 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 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 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.
SECTION 1 — CONTRACT DOCUMENTS Page 7
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of 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 Obligee and Contractor hereunder shall abridge the right of any
beneficiary hereunder, whose claim may be unsatisfied.
Contractor and Surety agree that if 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
, 2011.
PRINCIPAL/Contractor:
(Typed Name of Contractor)
By:
(Signature)
(Typed Name and Title)
The rate of premium on this bond is $
The total amount of premium charged: $
(the above must be filled in by corporate surety).
SURETY:
(Typed Name of Surety)
day of
(Signature of Attorney -in -Fact)
(Typed Name of Attorney -in -Fact)
per thousand.
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).
Any claims under this bond may be addressed to:
(Name, Address and Telephone No. of Surety)
(Name, Address and Telephone No. of agent or representative for service of process in California
if different from above)
SECTION 1 — CONTRACT DOCUMENTS Page 8
t
CONTRACTOR'S PROPOSAL SUBMISSION FORM
CITY OF PALM DESERT
CITYWIDE PALM TREE PRUNING PROGRAM
PROJECT NO.931-11
CONTRACT NO. C30450
TO: CITY CLERK
CITY OF PALM DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260
The undersigned declares that he/she has carefully examined the Bid Terms and
Conditions, the General Terms and Conditions, and the Specific Terms and Conditions
accompanying the Notice Inviting Bids; that he/she is thoroughly familiar with the
contents thereof, and is authori2ed to represent the bidding firm and propose services to
City of Palm Desert.
It is understood that the price shown hereon includes all phases and types of work
described in the specifications.
The unit cost for all palm tree pruning work shall be indicated.
QUANTITY
UNIT COST
TOTAL COST
SUBTOTAL for CITY Palm Tree Pruning
3270
$
$
SUBTOTAL for HOUSING Palm Tree Pruning
350
$
$
TOTAL FOR ALL PALM TREE PRUNING
3620
$
40.00
AN vrS "4rA95oCAPC-- Al V 114-,r-- * C--r1li a. -1AC,
Company Name
?-0- 96X 105-ZO VAL.-M T7P-4z-&-F:re e--A 6111t,56-
Company Address
Office Phone Cell Phone Fax
LIO 1 A-V i 01Zt9:�T'
Bid Prepa d B Title
t L�!�
Signatur . Date
Contact Person Cell Phone
SECTION 1 — CONTRACT DOCUMENTS
Page 8
CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED
CITY OF PALM DESERT
CITYWIDE PALM TREE PRUNING PROGRAM
PROJECT NO.931-11
CONTRACT NO. C30450
INFORMATION REQUIRED OF BIDDER
In supplying the following information, additional sheets may be attached if needed.
Check if additional sheets are attached: ❑
Check if additional sheets are not attached: 64
(1) Company Name and Address AMW 41 14AM )WIW IE /N Q
"tom ,r-p t [. �� C-
V• D• Sox 105 )�,
(2) Telephone No.164S• 10 1p 42--1
(3) Type of Firm (Individual, Partnership or Corporation) Qfy
(4) Corporation organized under the laws of the State of GA"P [A
(5) Contractor's License No.go-1-1 I Exp. Date
(6) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
AIQV( L-AcV^ e-i A
G"-Z.AVV-� L-A \/PvAt & yA
(7) Number of years experience as a tree pruning contractor 50
(8) Number of years experience with municipal tree contracts /0i
Wr.8lo8S A
(9) ISA Certified Arborist Number Exp. Date 09011
(10) Number of ISA Certified Tree Workers with the organization I
SECTION 1 — CONTRACT DOCUMENTS Page 9
CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED
CITY OF PALM DESERT
CITYWIDE PALM TREE PRUNING PROGRAM
PROJECT NO.931-11
CONTRACT NO. C30450
(11) List at least three similar projects completed within the last five years (two must
involve pruning desert palette trees, including palm trees):
Contract Class of Date
Name, Address & Telephone
Amount Work Completed
Number of OWNER
1. $ . �� 1��
rlpTrCAI �t� r�1 i tt
� %7 %)
10M.
2. $
C7. V. 'SP.0. - 7(e0. 41 if. (dw0
509P, A-L.-Pv
q f)o "AQU M-z- G i nl VIA%i
3. $ (0CV VwAlnikt 10 4z"Q In
4M t t?2" cIV 'IrLZt04
n.s. v.s. o ern W rtrrE��
�'jta fit; t�c6MS 'Rlhi
(12) List the names and addresses of each subcontractor who will perform work
related to this contract and indicate what portion of the work will be done by each
subcontractor. (if more than one subcontractor, please check the box below and
list all subcontractors on a separate sheet.)
❑ See Subcontractor List on Separate Sheet
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
SECTION 1 - CONTRACT DOCUMENTS Page 10
CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED
CITY OF PALM DESERT
CITYWIDE PALM TREE PRUNING PROGRAM
PROJECT NO.931-11
CONTRACT NO. C30450
(13) List the name of the person who inspected the site of the proposed work for your
firm 12Y I•*Y^-12;t !LO A
(14) CONTRACTOR hereby swears under penalty of perjury that the information
provided ' n
;0? Title:�7('r% 1
i Contractor
THIS AREA INTENTIONALLY LEFT BLANK
SECTION 1 — CONTRACT DOCUMENTS Page 11
CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED
CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGRAM
PROJECT NO.931-11 CONTRACT NO. C30450
AFFIDAVIT OF NON -COLLUSION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA)
) SS
COUNTY OF RIVERSIDE)
ANI X & _P(9 *-4 A einn f s duly sworn, deposes and says that he/she is
ofAhk'X�S t�ND�C�E t -1'l,E e aky making the foregoing bid; that the bid is not made in
the interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and neither collusive nor sham; that the
bidder has not directly or indirectly inducdd or solicited any other bidder to put in a false or sham
bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against
the public body awarding the contract of anyone interested in the proposed contract; that all
statements contained in the bid are true; and, further, that 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, or paid, and will not pay, any fee to any
corporation, partnership, company, association, organization, bid depository, or to any member
or agent thereof to effectuate a collusive or sham bid.
Signature TOR) Title (CONTRACTOR)
(CONTRA
Jurat Certificate
State of California )
County of 1t11i L'r15t )
.Subscribed and sworn to (or affirmed) before me on this day of
(month), (Yea'), by 1
proved to m on the axis of satisfaVtory evidence be th rso who ap ed before me.
Signature of Notary (Seal of Notary)
�Ils i ,' AIM
SECTION 1 — CONTRACT DOCUMENTS Page 12
Bid Bond No: 1000880971-01
Premium Included in BBSU
CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED
CITY OF PALM DESERT
CITYWIDE PALM TREE PRUNING PROGRAM
PROJECT NO. 931-11
CONTRACT NO. C30450
BID BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, Andy's Landscape & Tree Service, Inc. as principal,
and U.S. Specialty Insurance Company as surety, are held and
firmly bound unto the City of Palm Desert in the sum of $7,300.00 Dollars (10% of bid),
to be paid to the said Owner 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 proposal of the
above bounden principal to perform certain work described as follows:
The general items of work to be done hereunder consist of: prune and trim palm trees
as described herein and as detailed in the Contract Documents and all appurtenant
work as required by the specifications and appendices, and dated January 28, 2011
is accepted by the City of Palm Desert, and if the above bounden
principal Andy's Landscape & Tree Service, 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.
i
[Remainder of this page has intentionally been left blank.
Signature blocks are contained on the next page.]
SECTION 1 — CONTRACT DOCUMENTS Page 13
I
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 21st day
of January 2011.
Contractor's Name: Andy's Landscape & Tree Service, Inc.
Contractor's Signature:
Title: Andy C. Lavariega, President
Address: 40571 Adams Street, Palm Desert, CA 92255
Telephone: 760-345-6027
U.S. Specialty Insurance Company
Surety's Name: A
Surety's Signatu
Tah Carazza, Attorney -In -Fact
Address: 601 S. Figueroa Street, Suite 1600, Los Angeles, CA 90017
Telephone: 310-649-0990
SECTION 1 — CONTRACT DOCUMENTS Page 14
I
California All -Purpose Acknowledgement
State of California }
County of Los Angeles
On
personally
before me,
Tah Carazza, Attorney -In -Fact
JENNIFER CERCN
Commission # 1866484
a = Notary Public California
z Los Angeles County n
My Comm. Expires Sep 27. 2(it3 ,.
Notary Public Seal
Description of Attached Document
Title or Type of Document:
Jennifer Ceron
a Notary Public
who proved to me on the basis of satisfactory evidence
to be the person(&) whose name(&) is/aG subscribed to
the within instrument and acknowledged to me that lam/
she/tle�y executed the same in 4is/her/tl4ai;: authorized
capacity(4&), and that by leis/her/tom signature(&) on
the instrument the person(s), or the entity upon behalf
of which the person(g) 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.
Notar} P, blic Signature
Document Date: Number of Pages:
Signer(s) Other than Named Above:
Capacity(ies) Claimed by Signer(s)
❑ Individual
❑ Corporate Officer:
❑ Partner - ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
OPTIONAL
U Individual
❑ Corporate Officer:
❑ Partner - ❑ Limited 0 General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
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