HomeMy WebLinkAboutC32530 - Citywide Palm Tree Pruning 931-13 Contract No. C32530
CITY OF PALM DESERT/PALM DESERT HOUSING AUTHORITY
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C32530 FOR THE CITYWIDE PALM TREE
PRUNING PROGRAM TO RELIABLE TREE CARE OF COACHELLA,
CALIFORNIA, IN THE AMOUNT OF $68,553.90 (PROJECT NO. 931-13)
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 24, 2013
CONTENTS: Agreement
Performance Bond
Payment Bond
Proposal
Recommendation
By Minute Motion, the City Council and the Housing Authority Board:
1. Award Contract No. C32530 for the Citywide Palm Tree Pruning Program to
Reliable Tree Care of Coachella, California, in the total amount of
$68,553.90 (City $61,736.49 and Housing Authority $6,817.41);
2. Authorize the Director of Finance to set aside an additional 10% contingency
in the total amount of $6,855.39 (Cify $6,173.65 and Housing Authority
$681.74); 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 2013-14
Housing Authority operating budget.
Commission Recommendation
The Housing Commission reviewed the recommendation at its regular meeting of March 13,
2013. Staff will provide a verbal report upon request.
Staff Report Contract No. C32530
Award Contract No. C32530 to Reliable Tree Care
March 14, 2013
Page2of2
Backqround
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 Monday, February 25, 2013, at 2:00 p.m., sealed bids were
opened and read aloud, with the following bids received:
�r��� r i ���ini �� i�r � �r �� �z �� -�
r i ,�v�w r u � ��_ /►
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. �a'��ii�N �I ��)li(p°� � ��ii,����a����j�.
I
Reliable Tree Care Coachel►a, CA $68,553.90
West Coast Arborists, Inc. Anaheim, CA $72,200.00
Staff reviewed the low bid proposal submitted by Reliable Tree Care 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-
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 2013-14
Housing Authority operating budget.
Prepared by: bepa m t Head:
� �
'D' e Hollinger, Landsca Specialist Mark Gr e wood, P.E.
Director f ublic Works
� �
Jan t M. Moore, Director of Housing �'��'��� of Finance
APPROVED DENtED
I2ECEIVED OTHER
A pr vaL MEE G
AYES.
NOES:
ABSEN1y
n M. Wohlmuth ABSTAIN:
ity Manager/Executive Director VERIFIED BY:
Original on File with City lerk's Office
BY H(3USG At�Tt-t
�N �Y�l�/�J /`�,��CY�
/ �
VERIFI�D BY:,��'�<�
�~�
nriginal on file vvith City CCerk's Ofifice
CONTRACT NO. C32530
AGREEMENT
THIS AGREEMENT is made and entered into in the City of Palm Desert on this
14th day of March , 2013, 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 9, 2013, 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, 2014, 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 Sixty-eight Thousand Five Hundred Fifty-three and no/100 dollars
($68,553.90) 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
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,
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CONTRACT NO. C32530
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. none ; 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
agreement between the parties hereto. No oral agreement, understanding, or
representation not reduced to writing and specifically incorporated herein shall be
2
CONTRACT NO. C32530
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 emptoyer 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 Reliable Tree Care
CITY OF PALM DESERT 48522 Camino Real
73-510 Fred Waring Drive Coachella, CA 92236
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 costs, including the cost of consultants
and experts, in addition to any other relief granted by the court.
(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.
3
CONTRACT NO. C32530
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: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY:
BY: ATTEST BY:
Signature to be notarized
TITLE: Mavor of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
MARK GREENWOOD, P.E. DAVID J. ERWIN
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
4
CONTRACT NO. C32530
CONTRACTOR NOTARY ACKNOWLEDGMENT
State of }
} 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)
CITY NOTARY ACKNOWLEDGMENT
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 (Seal)
5
CONTRACT NO. C32530
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. 931-13
CONTRACT NO. C32530
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, Reliable Tree Care, the Principal, and
as Surety, are held and firmly bound unto
the City of Palm Desert, hereinafter called City, in the penal sum of Sixty-eight Thousand
Five Hundred Fifty-three and no/100 dollars ($68,553.90), being 100% of the contract
amount in lawful money of the United States of America for the payment of which sum well and
truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded
Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand
to and abide by, and well and truly keep and perform the covenants and agreements in the said
contract and any alterations thereof made as therein provided, on his or their part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
true intent and meaning, and shall indemnify and save harmless the City, its officers and agents,
as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and
remain in full force and virtue.
And 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 ar 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.
6
CONTRACT NO. C32530
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall
for all purposes be deemed an original thereof, have been duly executed by the Principal and
Surety above named, on this day of , 20
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
7
CONTRACT NO. C32530
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 March 14, 2013, described as follows: CITYWIDE PALM TREE PRUNING
PROGRAM, PROJECT NO. 931-13, CONTRACT NO. C32530 (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, Reliable Tree Care, 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 Sixty-eight Thousand Five
Hundred Fifty-three and no/100 dollars ($68,553.90), 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
corparations 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.
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 ar
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 ar to the Specifications.
8
CONTRACT NO. C32530
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 day of
, 20
PRINCIPAL/Contractor: SURETY:
(Typed Name of Contractor) (Typed Name of Surety)
By: By:
(Signature) (Signature of Attorney-in-Fact)
(Typed Name and Title) (Typed Name of Attorney-in-Fact)
The rate of premium on this bond is $ per thousand.
The total amount of premium charged: $
(the above must be filled in by corporate surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from
the California lnsurance Commissioner authorizing them to write surety insurance defined in
Section 105 of the California lnsurance 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 far service of process in California
if different from above)
9
CONTRACTOR'S PROPOSA�SUBMISSION FORM
CiTY OF PALM DESERT
CITYWIDE PALM TREE PRUNING PROGRAM
PRfJJECT NO. 931-13
CONTRACT NO. C32530
TO: CtTY CLERK
CtTY OF PALM DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260
The undersigned deciares that he/she has carefuily examined the Bid Terms and
Conditions, the Generai Terms and Conditions, and the Specific Terms and Conditions
accompanying the tVotice Inviting Bids; that helshe is thoroughly familiar with the
contents thereof, and is authorized ta 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 ail palm tree pruning work shall be indicated.
�UANTITY UNIT COST TOTAL COST
SUBTOTA�for CITY Palm Tree Prunin 3 251 $ j $ �
SUBTOTAL for HOUSING Palm Tree Prunin 359 $ 9 $
Y
TOTAL FOR ALL PALM TREE PRUNING 3,610 $Cr���53 C
TOTAL OR Al.�.PAL TREE P NtNG IN QR S: � .
.-
� � �!J� �Dottars and
Cen�s'
U�dersigned hereby acknawtedges receipt of tbe number af
Addendun�cire�d(you MiJST'circle»number) ; 0 1 2 3 ,
Company: ] t, �J!� �E�
L (Z�
Address: / /�
� S�Z 2 /Y�//�O f�L C �� G� �Z �
Telephone: Fax:
��o� 9�- 7��v 7� v) �3 5��-��r�9
Bid Prepared By• ., —
� C r�-!�l� j..�� o yn��/2 �
Title:
� ' A- rvfl�iz2
Signature: Date:
o�� z_ ao�
SECTION 1 —CONTRACT DOCUMENTS Page 8 of 22
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: �
(1} Company Name and Address FL�I�-� !� � � L�f�d21z
� � �
, _�
,
�. l✓� 2z3 �
(2) Telephone No. �7� U� ��9"�/�D
(3) Type of Firm individual Partnership or Corporatian} ,��u �1'1�Ulq�l��C.
(4) Corporation organized under the laws of the State of !v�/�
(5) Contractor's License No.�S Exp. Date c�S//�/
(6) List the names and addresses of a!I owners of the firm or names and titles of all
officers of the corporation:
(7) Number of years experience as a tree pruning contractor Gi�
• (8) � Number of years expecience with municipa!t�ee contracts j� �/Ph'�2S
(9) Na ���certified fj.el� supervisor who will be supervising this work:
� l�om�.20
(10) His/her I.S.A. Certified Arborist Number�r $��0��Exp. Date /� ` 3> -�D/S�
(11) Number of ISA Certified Tree Workers with#he organization �ON�
SECTION 1 —CONTRACT D�CUMENTS Page 9 of 22
(12) List at least#hree�imilar projects completed within the last five years.
Contract Ciass of Date Name, Add�ess �Telephone
Amount Work Completed Number of OWNER
1. $ �J�C� I��N4 �t� ua►w,vr C��f 0�-�2 L'� d g�iYl ��-ey7�
l�l� � �G - O b 1�.._._
� IN z
2. $�S�,odo P�-� oG-o�- ao�2 uN ,�/�, �-
PILuNN��,S 6v -.���
� �n�
3. $_loSf Q^�v ���►1�,,_7�� L'�'�'f-O 1- �012 u��e �5v,¢.� J9�ii� /LInS S
P�uN�iS bv z- �b
(13) List the names and addresses of each subcontractor who will perform work
related to this contract and indicate what portion of the work will be done by each
subcontractor. (If more than one subcontractor, please check the box beiow and
list ail subcontractors on a separate sheet.)
❑ See Subcontractor List on Separate Sheet
Subcontractor's Name: IU���v��
License Number:
Address:
Telephone:
Work to be performed:
(14) List the e oi`theg�rsQ�}-who ' spected the site of the proposed work for your
firm 1 �C��r9fLd U - f ��l�G�U
(15) CONTRACTOR hereby swears under penal#y of perjury that the information
provided is t nd correct.
BY� Title: /S W ru c�2
Signature ontractor
SECTlON 1 —CONTRACT DOCUMENTS Page 10 of 22
�
AFFIDAVIT OF NON-COLLUSION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
STATE OF CAL,IFORN[A)
) SS
COUNTY OF RIVERSIDE)
C I� I S 1 D I��L �0 M ►=k'D , being first duly sworn, deposes and says that hels�(ie is
of iPF t 1�$�F TR��F_ Cv��PF , the 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 tlte 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 nat pay, any fee to any
corporation, partnershi , company, association, organization, bid depository, or to any member
or agent ther ,to e uate a collusive or sham bid.
BY: � vv NE�
Signature(CONTRACTOR) Title{CONTRACTOR)
Jurat Certifrcate
State of California )
)
County of��v r"�P S�/��= �
Subscribed and swom to(or affirmed)before me on this � 5 day of
Fr Bap R v (rnonth), s�lLl�_ (yeaz'),by C R �S i U B G� L �'o M t=QG ,
proved to me on the basis of satisfactory evidence to be the person(s)who appeared before me.
.
Signature of Notary (Seal of Notary)
CH DD MICNAEI
Commission#1841096
z .'� Notary Publlc•Califomia z
z ' Riverside County �
My Comm.Expires Apr 16,201�
��-v�s�v�
SECTION 1 —CONTRACT DOCUMENTS • Page 11 of 22
I
1000964420-01
BID BOND
a KNOW ALL MEN BY THESE PRESENTS,
That W@, Cristobal Romero dba:Reliable Tree Care 8S p�111Cipal,
and �nerican Contractors Indemnitv Companv , as sul'ety, are held and
firmly bound unto the City of Palm Desert in the sum of$ �.�o.00 (10°k of bid),
� to be paid to the said Owner or its certain attomey, 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, �rmly by these presents.
THE CONDITlON 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
i as described herein and as detailed in the Contract Documents and all a urtenant
work as required by the specifications and appendices, and dated Febn�ary 2s,��i3
� 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 shal! 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 shatl 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 attomey's fees, shall be awarded to the prevailing parfy.
�
�
�
� [Reruainder of lhis puge hus in/enlianally been left bJank
' Signal:r►�e blacks are confurned on lhe n�r!puge.J
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SECTION 1 —CONTRACT DOCUMENTS Page 12 of 22
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` IN WITNESS WHEREOF,We hereunto set our Hands and Seals this 15th day
' pt February 2013.
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� Contracto�'s Name: Cristobal Rome ba:Retiable Tree Care
i
j Contractor's Signature:
�
Title: 1�l�IN�2
Addt'ess: 48522 Camino Real,Coachella,CA 92236
Telephone:�760>g9v-��so
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' SUPBty'S Na171@: American Contractors Indemnity Company
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Surety s Signature:
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Tltle: Attomey-in-fact
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' Addi'eSS: 625 The City Drive So.#130,Orange,CA 92868
� Telephone: ��ia)�aa�000
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SECTION 1 —CONTRACT DOCUMENTS Page 13 of 22
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State of California ) 4
CAUFORNIA ALL-PURPOSE
' County of oxAxGE ) CERTIFICATE OF ACKNOWLEDGMENT �`
On FEBRIIARY 15, 2013 before me, PATRICIA M. KANEGAWA, NOTARY PIIBLIC �
(here insert name and zitle of the offleer) ���
;�
` personally appeared I�OI TRAN
,
�'
who proved to me on the basis of satisfactory evidence to be the person(�whose name(gJ is/�subscribed to
° the within instrument and acknowledged to me that he/3�[e/� executed the same in his/IY�1� $
f
k authorized capacityd�5), and that by his,�/� signatureQ�) on the instrument the person�), or the entiry �
� upon behalf of whith the person(�acted,executed the instrument. �
+
'a l certify under PENALTY OF PERJURY under the laws of the �
'• PATRICIA A�.KANfGAwA s
'� State of California that the foregoing paragraph is true and correct. � � �µ COMM. #1953863 z r'
,'� �: rb = Notary Public•Califomia � �
� Z . �� Los Angeles County � �
' W{�"NESS my hand and official seal. ' Comm.E ires .25,2pt5 t'
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� � �._�� �� �
Signature �-- �'
` -� (Seal) �
;'
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; OPTIONAL 1NFORMATION
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;I Although the informoteon in rhis secrion is nor required by law,i�could preven[fraudu/ent remova/and reat[achmen!o([his
� acknowledgment ro an unauthorized documenr and may prove useful to persons relying on the artached documenr. ''
,
�
x Description of Attached Document �
�
1, _� _—__..___._,—.�. _... ._�,._
a The preceding Certificate of Acknowledgment is attached to a document Method of Signer ldentiflcation
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Proved to me on the basis of satisfactory evidence: f
� titled/for the purpose of BOND 1000964420-01 �
�� LQ form(s)of identification (�credible witness(es) ,
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;': ----- -- - ----' Notarial event is detailed in notary journal on: �
� containing pages,and dated . Paqe� �� Entry x `���
__ _.�.,...... _�.__. �
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� The signer(s)capacity or authority is/are as: Nocaryconcacc:� �_ 'a
� ❑ Individual(s) Other T �
� � Attorney-in-Fa�t . _���
°" ❑ Addiuonal Signer(s) ❑ Signer(s)Thumbprint(s) ,
"� ❑Corporate Officer(s) 1
.�. . Titlefs) � ❑ ....� �
{ �. _. __.�__._._�___�__W.._. ....,.�_..
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❑ Guardian/Conservator �
"-.� ❑ Partner-Limited/General �
❑Trustee(s) n
❑Other: _� _ �
a
representing: �RICAN CONTRACTURS IrIDE[�ITY CAISPANY '
�'� l:amC(;S�aSP;r;cr.(;;or Entity(ie:;Signer i:Reg�esenttng F .
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o Copydghc 2007 Noeary Rotary,irrc.42S 29th$t.,Des Moines,IA 5031 2-361 2 Form ACK03. 10/07. To re-prder,call wtl-free t-877-349-�6588 or vis�t us on the Internet at Mtp!lwww notaryrotaty.com
. ,
POWER UF ATTURNEY
AMEEtICAiV CONT)2ACTORS INiYEMiVITY COMPANV TEXAS$(?NDIHG COMPANY
UlY1TED STAT�S St)RETY COMPANY U.S.SPEC3AI.TY INSURANCE CpMPANY
KNQW ALL MEN BY THESE PRESENTS: That American Ca►tractors Indemnity Company, a Califomia corporation, Texas
Bonding Company, an assumed name of American Contractors indemnity Company, United States Surety Company, a Maryland
carparation and U,S.Sp�cialty lnsurance Company,a Texas corparation;(collectively,the"Companies"),do by these presents rnake,
constitute and aPFoini:
Paul S.�itp,Ariel T.Heredia,Denise,Lopez,Chris Theveny,Kho!Tran,or Maricela Lares of Orange,California
its trve and lawfut Attorney(s}-in-fact,each in their separra�te capacity if more than one is named above,with full power and suthority
hereby ccanferred in its name,place and stead,to execute,acknow[edge and deiiver any and alt bonds,recogsi�zaaces,undertakings
or other iastrnments or rontra�ets of suretyahap to incZude t3ders, ame�dments, and cunseat� of surety, providing the bond
penalty de►es ndi cxceed •s�:sThtee Mi#lion�rww• I101181'S (s "'"`3,O�OyUU0.00" ).
This Power of Attorney shai! e�cp�ire without further aetion on March 18, 20b5. This Power of Attomey is granted under'and by
authority af the foliowi»g e•esc�l�tions atiopted by the Boards of Direetors of the Companiesc
!4e it Resalaed,thet the PresieknL any Vico-P�esiden4 any Assistant Vice-Presidmt,arsy Sccretary or any Assistarn 5ecrc�ary shall he and is'hereby veseed witfi full
'powcr and authocily 4a apppimt any tme ot moce suitablt persions as Atto�s}in-Fact to rcpresent and act for and on bchalf of the Coropany sublect to-the folluwing
,provisions:
.�ttormry-in-Fact tnay be givtn£WI gower arni�tqhority fiat and in ihe essme of and at�behalf of the CompanY.ta execute,acknowiedgs ar�ddi�er,any and all bonds,
recogni�anccs.cantrscts,agneements or's�dernnity ared otUer coisclitianal or ohligaWry andettekings, including any anc! sii censents ftrr tho release of rctained
percencages and/ar ftMal estizrmtes on enginssring and,constreictio�t contraets,am!any and a0 notices'and documents carueeling or cecminating ihe Campany's liability
thertunder,and anysuch i�sumcius so exetu[ed by any such Attomey-in-Eact s�a!!bc bi�i�upon the CompaT►y as if sige►�d by the President and sealcd arn1 tffected
by the Corporr4tc Secretsry. ' —
Be tt liewt�ed,tl�at U►��igs�ture uf any authorii+ed:officerand'seal nttht Ccrmpany herctofore on c�rcaRer affixod to any,powu of attomty or eny certiticate reiating'
thercto by fa�simite;snd ar�+p�t�u�er of attomey_a�certifieate bearing facsimils signaturc cr facsimile seal shail be valid and binding upon thc Company with rospect to
any bond or unde[talci�,W whicH it is artached� ' �_
!N WITNESS WHER.EQF,The Companies have caused this instrument to be signed and their aarporate�Is ta be hereto a�xed,this
3"'day of C1ctc,la�er,201 t,
AMERICAN C(iNTRACTOR5INp�MNfTY COhlPANY TEXAS$ONUING CGlMPANY
+��IE���Il�k�13t. Iktl�IXl �
UiYITEiT STATES SURETY COMPAIVY U.�i,SPECIALTY INSURAT�CE COMFANY
Corporate Seats � � ����,���;
' ZRh4?fi� �,����,��)� ��,..aao���'�.s �" „�.,„ . . . .
��`!�'�� `�'� a i+� €���� �!°�```� 3�� �
�� ��'-� '.��� pV. +� �y �M1�
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�. . r'�� �5��. 31� ��i ,�� 3.j� Y i �$ oJ.� MIC+r+`.Tc���w�..�" .
�*.� ' M,4'� �� �,,,}�€ a$��h a g ,� s � Daniel P.Agullar,Yice P�i�t
r,$K� : �A� ,'sa�yr.»...,,,�f'aT� ^. � > . .
����� ���
;State of Califtsrnia � � '
County of[,�s Angeles ` SS•
On this 3"d day off?ct�rb+er,2411,before me,t�ebprah R.eese,a natary public,personally appeare.�Daniel P.Aguilar,Vice President of
American Contractors Ind�tnnify�ctmpany,Texas�onding�c�mpany, United 5tates Surety Company and U.S.Speeialty`Insurance
Campany wha FxQved to me c�n the basis af satisfactary evidertce to be tFse person wisose name is subscrib�i ta the'withio<instrument
and acknawledged to me that he ex+�cuted the sarne in his sutt�orized capacity, and that by his signature on tht instivmcnt the
persan(s),or the entity upon behaff of which the person(s)':acted,_executed the instrumenL
I ccrtify unde�PENALTY E7�F P�RJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WI1'NESS my hand and+official seat.
� ���
Signature �f�+t�.�',PS� {Seal) f ����
���
�+,�.: �aru�.3nx
I, Jeannie Lee, Assi�tant S�retacy of American'Cantractors Indemnity Company, Texas Bonding Gompany, United States Surety
Campany and U.S.Specia3cy lnsurance Company,do hereby ceRify that the above`and foregoing is a true and carrect copy of a Power
of Attorney,executed by said Camp�ies,which is siill in fiill force and effect;furthermore,the resolutions of the Boards of Directors,
set out in the Power of Attorney are i�fuli force and effect
In Witness Whereof,l have hereunta set my hand and affixed the seals of said Companies at Los Angeles,California this 15TH day
of___g�BRIIARY -_2tl13:
Carpc>rate Seals v�a�, ' ,��s suq�r Q,,u�.c,� �, .
} '�e�! o '� '�s
. . .. . `��� o��� � �Q �(��;. ���� a�'� . . I 'j . . .
Band No. 100a96+44�0-0 ""�'-"'•'�� W� #:- :` `_ � " '
��*,,.. �,�.� �W �� j�' ;,� /.�,b '�•���� Jesnnie Lee, i�tsnt Secretary
Agency No. � c��'"-_ �.''t '`'+`.�`"��� ��'���