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HomeMy WebLinkAboutC31400 Citywide Palm Tree Pruning 931-12Contract No. C31400 CITY OF PALM DESERT/PALM DESERT HOUSING AUTHORITY STAFF REPORT REQUEST: WAIVE MINOR IRREGULARITY AND AWARD CONTRACT NO. C31400 FOR THE CITYWIDE PALM TREE PRUNING PROGRAM TO RELIABLE TREE CARE OF COACHELLA, CALIFORNIA, IN THE AMOUNT OF $71,407.80 (PROJECT NO. 931-12) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works Janet M. Moore, Director of Housing CONTRACTOR: Reliable Tree Care 48-522 Camino Real Coachella, CA 92236 DATE: March 22, 2012 CONTENTS: Agreement Performance Bond Payment Bond Proposal Recommendation By Minute Motion, the City Council and the Housing Authority Board: Waive minor irregularity and Award Contract No. C31400 for the Citywide Palm Tree Pruning Program to Reliable Tree Care of Coachella, California, in the total amount of $71,407.80 (City $63,782.40 and Housing Authority $7,625.40); 2. Authorize the Director of Finance to set aside an additional 10% contingency in the total amount of $7,140.78 (City $6,378.24 and Housing Authority $762.54); 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 2011-12 Housing Authority operating budget. Commission Recommendation The Housing Commission reviewed the recommendation at its regular meeting of March 7, 2012. Staff will provide a verbal report upon request. Staff Report Award Contract No. C31400 to Reliable Tree Care March 22, 2012 Page 2 of 2 Background Contract No. C31400 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 Wednesday, February 29, 2012, at 2:00 p.m., sealed bids were opened and read aloud, with the following bids received: Contractor Location Prig Reliable Tree Care Coachella, CA $71,407.80 West Coast Arborists, Inc. Anaheim, CA $75,440.00 Andy's Landscape & Tree Service, Inc. Palm Desert, CA $79,943.40 Jimmies Tree Service Long Beach, CA $117,760.00 Aztec Landscaping Lemon Grove, CA $146,600.00 Staff reviewed the bid proposal submitted by Reliable Tree Care and found that the bid bond did not contain the owner's signature. Staff consulted with the City's attorney and he indicated that this is a minor irregularity that can be waived by the City Council. All other bid requirements have been met. 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, 110-4611-453-3371, 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 2011-12 Housing Authority operating budget. Prepared by: H. Vperiper KnilgV, Landscape Manager Departm t e N Mark Gr en ood, P.E. Dir ctor f ublic Work l cn 0 idoet V. Moore, Director of Housing tinIMcCarthy, ACMfer'RJDA/Housing >- A i �� co Contract No. C31400 CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGRAM PROJECT 931-12 CONTRACT NO. C31400 AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this 22nd day of March 1 2012, by and between THE CITY OF PALM DESERT/PALM DESERT HOUSING AUTHORITY, hereinafter referred to as "Owner, "City," or "Agency," and Reliable Tree Care , herein referred to as "Contractor." WITNESSETH: WHEREAS, on February 1, 2012, 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 the date of execution of this instrument through July 31, 2012, 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 -One Thousand Four Hundred Seven dollars and Eighty cents ($71,407.80 ) 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 the City of Palm Desert, the Palm Desert Housing Authority, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside and their respective officials, officers, employees, representatives and agents from and against all claims, lawsuits, liabilities or Page 1 Contract No. C31400 damages of whatsoever nature arising out of, in connection with, or relating in any manner to, any act or omission of Contractor, its agents, 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 and do whatever is necessary to protect the City of Palm Desert, the Palm. Desert Housing Authority, the City of Rancho Mirage, the City of Indian Wells, the City of La Quinta, the County of Riverside and their respective officials, officers, employees, representatives and agents 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 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. 0 ; General Terms and Conditions; Specific Terms and Conditions; Extra Work Pricing Schedule; Exhibits; Bid Packet Attachments; 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 Page 2 Contract No. C31400 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. (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: Office of the City Clerk CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 IF TO CONTRACTOR: Cristobal Romero RELIABLE TREE CARE 48-522 Camino Real Coachella, CA 92236 (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 costs, including the cost of consultants and experts, in addition to any other relief granted by the court. Page 3 Contract No. C31400 (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 on form provided) FOR CITY BY: ROBERT A. SPIEGEL MAYOR 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 CONTRACTOR NOTARY ACKNOWLEDGMENT Page 4 Contract No. C31400 State of California } )SS County of Riverside } 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 CITY NOTARY ACKNOWLEDGMENT State of California } } SS County of Riverside } (Seal) 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) Page 5 Contract No. C31400 CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO. 931-12 CONTRACT NO. C31400 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Reliable Tree Care , hereinafter designated as "Principal", a contract for: CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO. 931-12 CONTRACT NO. C31400 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 Seventy -One Thousand Four Hundred Seven dollars and Eighty cents ($71,407.80), 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. Page 6 Contract No. C31400 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 12012. SURETY :• INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER PRINCIPAL Page 7 Contract No. C31400 CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO. 931-12 CONTRACT NO. C31400 Payment Bond KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has awarded to Reliable Tree Care (hereinafter designated as "Contractor"), an agreement dated described as follows: CITYWIDE PALM TREE PRUNING PROGRAM, PROJECT NO. 931-12, CONTRACT NO. C31400 (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 Seventy -One Thousand Four Hundred Seven dollars and Eighty cents ($71,407.80), 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. Contract No. C31400 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 2012. 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) Page 9 CONTRACTOR'S PROPOSAL SUBMISSION FORM CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO.931-12 CONTRACT NO. C31400 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 authorized 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. —CONTRACT rage 8 CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO. 931-12 CONTRACT NO. C31400 INFORMATION REQUIRED OF BIDDER In supplying the following information, additional sheets may be attached if needed. Check if additional sheets are attached: G Check if additional sheets are not attached: [] (1) Company Name and Address t ,q (2) Telephone No. C7� �'� �* - 21 (3) Type of Firm Individual, Partnership or Corporation) �ltj err (4) Corporation organized under the laws of the State of (5) Contractor's License No.�.Sr-7� Exp. Date (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: (7) Number of years experience as a tree pruning contractor -� e,,,ie (8) Number of years experience with municipal tree contracts (9) Nana he I.�.Ahrf q E �ifi field supervisor who will be supervising this work: �- 11 0✓ %1 CJ 7°Z G y% (10) His/her I.S.A. Certified Arborist Number j � 2.4 Exp. Date () Number of ISA Certified Tree Workers with the organization Zi SECTION 1 — CONTRACT DOCUMENTS Page 9 CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO.931-12 CONTRACT NO. C31400 (12) List at least three similar projects completed within the last five years. Contract Class of Date Name, Address & Telephone Amount Work Completed Number of OWNER &�, D t oi9k �145 I I-ys -2-01 2. $ 07- b l `201I �-000e_ 3. 20 �-, JI--0 LZcJ/l (13) 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: i7 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.931-12 CONTRACT NO. C31400 (14) List the a of the nferson who 'nspected the site of the proposed work for your firm (15) CONTRACT ereby swears under penalty of perjury that the information provided i ue correct. By: Title: Signature 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.931-12 CONTRACT NO. C31400 AFFIDAVIT OF NON -COLLUSION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA) ) SS COUNTY OF RIVERSIDE) C' P f being first duly sworn, deposes and says that he/slid is of Qt�Ai5,f k' F t 149tF I"Q_e;1fiig party 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 induced 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 informati or data relative thereto, or paid, and will not pay, any fee to any corporation, p rship, company, association, organization, bid depository, or to any member or agent ther to ectuate a collusive or sham bid. By: —OWAACIL Signature (CONTRACTOR) Title (CONTRACTOR) Jurat Certificate State of California ) County of 1 V ) Subscribed and sworn to (or affirmed) before me on this 2 '1_ day of F F_ R (month), D___ L2 (year), by C i4 A 9,0 M IC proved to me on the basis of satisfactory/ evidence to be the person(s) who appeared before me. Signature of Notary (_ � ✓� a O (Sea] of Notary) CHADD MICHAEL Commission # 1841096 z : !+� , a Notary Public - California i Riverside County MY Comm. Expires Apr 16, 2013 SECTION 1 — CONTRACT DOCUMENTS Page 12 Bond No. 1000907258-01 CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO, 931-12 CONTRACT NO, C31400 KNOW ALL MEN BY THESE PRESENTS, That we, Cristobal Romero dba: Reliable Tree Care as principal, and American Contractors Indemnity Company as surety, are held and firmly bound unto the City of Palm Desert in the sum of $ s,o%.00 (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 is accepted by the City of Palm Desert, and if the above bounden principal Cristobal Romero dba: Reliable Tree Care shall duly enter into and execute a contract for such construction, and shall execute and deliver the Performance Bond and Payment Bond and insurance certificates as required 'by said contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Should it become necessary for the City to institute a lawsuit, or any other legal Proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorney's fees, shall be awarded to the prevailing party. [Remainder of this Page has intentionally been left blank. Signature blocks are contained on the next page..] SECTION 1 — CONTRACT DOCUMENTS Page 13 i � i i i IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 7th day of February 2012. Contractor's Name: Cristobal Romero dba: Reliable Tree Care Contractor's Signature:_ i Title: Cristobal Romero, Owner Address: Telephone: Surety's Name: American Contractors Indemnity Company Surety's Signature: < ., e/ _ c. 1 L Title: Freddy Anvari, Attorney -in -Fact Address: 625 The City Drive So., Suite 130, Orange, CA 92868 Telephone: (714)740-7000 SECTION 1 -- CONTRACT DOCUMENTS Page 14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of __ ORANGE On C? h�C?:1 o oI before me, CHRIS THEVENY, NOTARY PUBLIC Palo Hare Irrsett Nama and Title o the Oriker--..._..._..._,.. _____ _1-._1 personally appeared FREDDY ANVARI Namats)-ti��{gwr(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/hedtheir authorized Cilnib ire vEfdr capacity(ies), and that by his/her/their signature(s) on the Commission # 1797. Z instrument the person(s), or the entity upon behalf of Notary Public CGllfornio ; which the person(s) acted, executed the instrument. -My c Cmm. pireso1"2, 2012 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my Place Notary • Seal Above Signature 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 this form to another document. Description of Attached Document Title or Type of Document: BOND NO _-- Document Date: _ -- -�.... Number of Pages:.. — Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ----...__ ...... I individual I Corporate Officer -- Title(s): 111 Partner—! i Limited C::'I General X Attorney in Fact I-j Trustee rTopofurnb here Guardian or Conservator El Other: Signer Is Representing: _ AMERICAN CONTRACTORS INDEMNITY COMPANY Signer's Name: I I Individual t 1 Corporate Officer Ul Partner — [:._} Limited [I General [_.a Attorney in Fact - !...� Trustee , Tor�ol thumb here .1 Guardian or Conservator I Other: Signer Is Representing: - 02W7 National Notary &%Wades 9350 De Soto Awe., P.C. pox 2402-Chatsworth, CA 91313.2402- www.NatanalNotaryorg Item N5907 Rem&vCal1Toll-Free hAgri.876-6627 POWER OF ATTORNEY A_NIERiCA,N CONTRACTORS INDENLNITY CoNiPA.NY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL. MEIN .BY THESE PRESENTS: That American Contractors Indemnity Company; a California corporation, Texas B- o ndiag C<bnrpm , :an assumed name of American Contractors Indeuutity Company, a C;aP tr a r wporation, united States Surety Czenparty,RM androlporation and. U.S. Specialty Insurance Company, aTexas co9amation follectively, the "Companies''), do by these presents make, constitute and appoint: Paul S. Dito, Paula LaSalle, Denise Lopez, Chris Theveny, Khoi Tran, Freddy Anvari, Carnrina Johansson, or Maricela Lares of Orange, California its true and IawtutAttorney(s)-in-fact, each in their-st;parmc;capacity if more than one is named above, with full power and authority hereby conferred in its name, place and deadla exethda,tt rowledge and deliver any and all bonds, recognizanevs, iindertiflUnp or other instruments or contracts at s;w sl to Include riders, amendments, and consents of surety, prwri g -&e Band penalty does not exceed *****Three Million***** Dollars ($ **3,00t3,000.00** ). This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be irRerolraef that OmPresident, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Seary shall be and is hereby vested with full power and authority m-anoint any one or more suitable persons as Attorney(s)-in-Fact to represealind t foran4on beef of the Company subject to the following provisionsc, Aifor rlin-Flact may be given full power and authority for and in the nacre of and on behalf offhet bmpany, w,- ccure, acknowledge and deliver, any and all bonds, reeognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shalt be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, andany power of attorney or certilicate inuring the-3tarile signature or facsimile seal shall be valid and binding upon the Company with respectto any bond orundertakingto which it is attached_ III WITNESS WHEREOF, The Compadws have causedthis instrument to be signed and their corporate seals to be It=-0- f xed, this 3 1 " day of March, 2011. AmERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING CO.NIPANY UNITED STATES SI.ztETY CO➢IPANY U.S. SPECIALTY INSUR,-N-CE Ct: 1PANY Corpmate Seals } ".01iotr QINi ', BY: I _ �Sii?[>�.11M .� SEAL "<; i l -0^ L "' j ' i + Daniel P. Aguilar, Vice President State of California `gkEl' �,►�i' `- County of Los Angeles SS: On this 31' day of March, 2011, bef€ne mie DebaraliRCese£n notary public, personally appeared Darnel P. Aguilar, Vice Pmsitent of American ;ontractors Indemnity Compwfy,Te :Randingt:ompany, United States Surety Company and U.S. Specialty-hisurarrce Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the wi#lin instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. f certiy under PENALTY OF PERJURY under the laws of the State of Caiikinin thardie foregoing paragraph is true and correct. *gTAfE&.S myliandand official seal. DE80RAN REESE /,�j ({!<_ Commission 0 1926048 Signature at (Seal) Notary Public • California Los Angeln County MV Comm. E Ire$ Mu 18, 2015 I, Jeannie J. Kim, Assistant Secretary of American C ontmetors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Ins uranee CompaiW., do' h"14xertify that the above and foregoing is a true and correct copy4 a Power of Attorney, executed by said Companies w4lictI is still tW force and effect; furthermore, the resolutions of the Boards ofDircetor% set out in the Power of Attorney are in M`force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this ' day of Ft K Z.LAAR +-i Corporate Seals Bond No. o; .Oa 7'-1 7- yj I?�OEAi' r I `"Agency No. 9007c-r, y 1 Jeannie J. Kim, Assistant Secretary �'' zQ¢1�°,i'