HomeMy WebLinkAboutC33290 - 2014 Citywide Palm Tree Pruning 931-14 Contract No. C33290
CITY OF PALM DESERT/PALM DESERT HOUSING AUTHORITY
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C33290 FOR THE 2014 CITYWIDE PALM
�TREE PRUNING PROGRAM TO ANDY'S LANDSCAPE & TREE
SERVICE, INC., OF PALM DESERT, CALIFORNIA, IN THE AMOUNT OF
$67,008.80 (PROJECT NO. 931-14)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
Janet M. Moore, Director of Housing
CONTRACTOR: Andy's Landscape & Tree Service, Inc.
P.O. Box 10520
Palm Desert, CA 92255
DATE: March 27, 2014
CONTENTS: Agreement
Performance Bond
Payment Bond
Proposal
Recommendation
By Minute Motion, the City Council and the Housing Authority Board:
1. Award Contract No. C33290 for the 2014 Citywide Palm Tree Pruning
Program to Andy's Landscape & Tree Service, Inc., of Palm Desert,
California, in the total amount of $67,008.80 (City $59,947.20 and Housing
Authority $7,061.60);
2. Authorize the Director of Finance to set aside an additional 10% contingency
in the total amount of $6,700.88 (City $5,994.72 and Housing Authority
$706.16); 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-
4610-453-3371, Repair/Maintenance Medians Account 110-4614-453-3370, and Assessment
District Fund 200 accounts; and for the Housing Authority, funds are set aside in the 2013-14
and proposed 2014-15 Housing Authority operating budgets.
Commission Recommendation
The Housing Commission reviewed the recommendation at its regular meeting of March 12,
2014. Staff will provide a verbal report upon request.
Staff Report
Award Contract No. C33290 to Andy's Landscape & Tree Service, Inc.
March 27, 2014
Page 2 of 2
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, March 10, 2014, at 10:00 a.m., sealed bids were
opened and read aloud, with the following bids received:
Contractor Location Price
And 's Landscape & Tree Service, Inc. Palm Desert, CA $ 67,Oo8 .80
Liberty Landscapin , Inc. Riverside, CA $ 68,745.56
Reliable Tree Care Coachella, CA $ 70,266.80
West Coast Arborists, Inc. Anaheim, CA $119,526.00
Staff reviewed the low bid proposal submitted by Andy's Landscape & Tree Service, Inc., and
found that it meets all requirements.
Fiscal Analvsis
Funds are available for the portion of the contract relative to the City and Assessment
Districts in Parks and Recreation Accounts 110-4610-453-3320, 110-4611-453-3320, 110- �
4610-453-3371, Repair/Maintenance Medians Account 110-4614-453-3370, and Assessment '�==
District Fund 200 accounts; and for the Housing Authority, funds are set aside in the�2013-14 ��
��
and proposed 2014-15 Housing Authority operating budgets. �, �, ` ;�.
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Prepared by: Dep e t ead: �� � �.�
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H. pen r Kni , Lands pe Manager Mark Gr n ood, P.E. �
Direc f ublic Works � � :�- x'�'
`�-y. �.i�� ce..
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J� t M. Moore, Director of Housing �r i.I �p,rector of Financ ._� c�` '
CITY����f�TCIL��Q1�T , �. -
APPROVED DENiF,D �-f� =��J �.:
RECEIVED OTHER
Appr val: ME�T�,�i G `� - ` -
AYESJ-
NOES: � `
-- ABSENT: � � �
Jo . Wohlmuth ABSTAIN: �
Ci y anager/Executive Director VERIFIED BY: �
Original on File with City rk's Office
AGREEMENT
THIS AGREEMENT is made and entered into this 27th day of March, 2014, by
and between City of Palm Desert, California, hereafter called "CITY" and Andy's
Landscape & Tree Service, Inc., hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. 2014 CITYWIDE PALM TREE PRUNING, PROJECT 931-14; CONTRACT
C33290; in strict accordance with the Contract Documents identified below, CITY
has accepted said Bid.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and
found it to be correct, has ascertained that its Subcontractors are properly
licensed and possess the requisite skill and forces, has examined the site and
Contract in accordance with the Contract Documents for the money set forth in
its Bid to be paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
1. Contract Documents: The entire contract consists of the following: (a) The
Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The
Contractor's Bid; (e) The Bidder's Bond; (f) The Performance Bond; (g) The
Payment Bond; (h) The General Specifications; (i) The Special Provisions; Q)
The Standard Specifications as modified in other portions of the Contract
Documents; (k) The Plans and Exhibits; (I) Addenda Nos. 0 ; (m) The
Determination of Prevailing Wage Rates for Public Works; (n) Any Change
Orders issued; (o) Any additional or supplemental specifications, notices,
instructions and drawings issued in accordance with the provisions of the
Contract Documents. All of said Documents presently in existence are by this
reference incorporated herein as if here set forth in full and upon the proper
issuance of their documents they shall likewise be deemed incorporated.
2. Contractor shall commence the work within ten calendar days after the date of
the Notice to Proceed and will do all things necessary to construct the work
generally described in Recital No. 1 in accordance with the Contract Documents
and will complete said work within 120 Calendar Days from the Notice to
Proceed date to the satisfaction of the Engineer.
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Engineer harmless from:
a. Any and all liability, claims, damages, losses or injuries to any person or
other entity, including injury to Contractor's employees, and all claims
which arise from or are connected with the negligent performance of or
failure to perform the work or other obligations of this Agreement, or which
are caused or which are claimed to be caused by the negligent or
intentional acts or omissions of Contractor, its subcontractors, its agents
or employees, and, all expenses of investigating and defending against
same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material-men, laborers, or any other person,
firm or corporation furnishing or supplying work, services, materials or
supplies in connection with the performance of the Agreement.
c. Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are
made part of this Agreement as set forth in Agreement paragraph 1,
above.
d. Attention is directed to Section 6-9, "Liquidated Damages" of the
Standard Specifications and is hereby amended to substitute the "City of
Palm Desert" in place of "Agency." Liquidated damages shall be $500
dollars per calendar day of delay.
4. Should any litigation or arbitration be commenced between the parties
concerning the works of improvements as referenced herein, the prevailing party
in any such litigation, being the CITY or the Contractor, should be entitled to a
reasonable sum for attorney's fees incurred in any such litigation relating to this
Contract.
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Bid as accepted by CITY, subject to such additions and deductions
as may be made pursuant to the Contact Documents and applicable law.
Satisfactory Performance: The prime Contractor agrees to pay each
Subcontractor under this prime contract for satisfactory performance of its
contract no later than 10 days from the receipt of each payment the prime
Contractor receives from City of Palm Desert. Any delay or postponement of
payment from the above referenced time frame may occur only for good cause
following written approval of the City of Palm Desert.
Release of Retention: The prime Contractor agrees further to release retention
payments to each Subcontractor within 30 days after the Subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval
of the City of Palm Desert.
7. Execution of the Agreement by the parties constitutes their agreement to abide
by all applicable provisions of the California Labor Code; constitutes contractor's
certification that he is aware of the provisions of said Code and will comply with
them; and further constitutes Contractor's certification as follows:
"I am aware of the provisions of Section 3700 of the California Labor Code which
requires every employer to be insured against liability for worker's compensation
or to undertake self insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing the performance of the
work of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
CONTRACTOR:
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY:
BY: ATTEST BY:
Signature to be notarized
TITLE: Mavor of Palm Desert, CA TITLE: Citv 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
CONTRACTOR ACKNOWLEDGMENT
State of California )
) SS.
County of )
On , 20 , before me, , a
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
CITY 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)
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Andy's Landscape & Tree Service, Inc. hereinafter designated as
the "Principal", a contract for:
2014 CITYWIDE PALM TREE PRUNING, PROJECT 931-14; CONTRACT
C33290;
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, Andv's Landscape & Tree Service, Inc.
the Principal, and as Surety, are held and
firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of
Sixtv-seven Thousand Eiqht and 80/100 Dollars ($67,008.80), 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 the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to terms of the contract or to the work to
be performed thereunder or the specifications accompanying the same shall in any wise
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contract or to the work or
the specifications.
Should it become necessary for the City to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on this day of , 2014.
Andy's Landscape & Tree Service, Inc._
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
State of California )
)
County of )
On before me,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Andv's Landscape & Tree Service, Inc. (hereinafter
designated as the "CONTRACTOR"), an agreement dated March 27, 2014, described
as follows:
2014 CITYWIDE PALM TREE PRUNING, PROJECT 931-14; CONTRACT
C33290 (hereinafter referred to as the "Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said
Contract, and pursuant to Section 9100 of the California Civil Code;
NOW, THEREFORE, we, Andy's Landscape & Tree Service, Inc., the undersigned
CONTRACTOR, as Principal, and a corporation
organized and existing under the laws of the State of , and
duly authorized to transact business under the laws of the State of California, as Surety,
are held and firmly bound unto the City of Palm Desert and to any and all persons,
companies or corporations entitled to file stop payment notices under Section 9100 of
the California Civil Code, in the sum of Sixty-seven Thousand Eipht and 80/100 Dollars
($67,008.80), said sum being not less than one hundred percent (100°/o) of the total
amount payable by the said Obligee under the terms of the said Contract, for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or
its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail
to pay for any materials, provisions or other supplies, implements, machinery or power
used in, upon, for or about the performance of the Public Work contracted to be done,
or to pay any person for any work or labor of any kind, or for bestowing skills or other
necessary services thereon, or for amounts due under the Unemployment Insurance
Code with respect to such work or labor, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of
employees of said CONTRACTOR and his or its Subcontractors pursuant to Section
13020 of the Unemployment Insurance Code with respect to such work and labor as
required by the provisions of Section 9100 et seq. of the Civil Code, or for any amounts
required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal
Revenue Service from the wages of employees of the CONTRACTOR or his or its
Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not
exceeding the sum specified in this bond, otherwise the above obligation shall be void.
In addition to the provisions herein above, it is agreed that this bond will inure to the
benefit of any and all persons, companies and corporations entitled to serve stop
payment notices under Section 3181 of the Civil Code, so as to give a right of action to
them or their assigns in any suit brought upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the said Contract or to the work to be
performed thereunder or the Specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the
Specifications.
No final settlement between the Obligee and the CONTRACTOR hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
CONTRACTOR and Surety agree that if the Obligee is required to engage the services
of an attorney in connection with the enforcement of the bond, each shall pay Obligee's
reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20
PRINCIPAL/CONTRACTOR: SURETY:
Andy's Landscape & Tree Service, Inc.
(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).
THIS IS A REQUIRED FORM.
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)
Acknowledgment
State of California )
)
County of )
On before me,
personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
C - CONTRACTOR'S BIp
2014 CITYW�pE pq�M TREE PRUNING
PRQJECT NO. 931-14
CC�NTRACT NO. C33290
TO: CITY OF PqLM DESERT, "CITY"
DATE: M�t'2-ti'�}-� � ✓L.O t�
BIDDER: � � `��1� ��L.
The UNDERSIGNED, "CONTRqCTOR" — CONTRqCT4R"
Contract Documents for the constructfon'ofa20�4��efuily examined the site and the
PROJECT 931-14; CONTRACT C33290• hereb ���E PA�-M TREE PRUNING,
accordance with the Contract Documents, includi g Addenda No S°nstruct the work in
stated in this Bid, ( ) �for the amount
By submitting this Bid, CONTRqCTOR agrees with CITY;
�• That uniess withdrawn in person by C�NTRqCTOR or
�n �rit�ng bY CONTRqCTOR before the time specified in thee person authorized
for the public opening of bids, this Bid constitutes an irre NOtice Inviting Bids
calendar days after that date. vocable offer for 60
2• The CtTY has the right to reject any or all Bids and to
informalities contained in a Bid, waive any irregularities or
3• That the contract shall be awarded only by the ove '
contract shail only�be deemed awarded after the CONTRqCT
submission of ali contract documen#s � m�ng body of CITY. Said
CITY shail obtain all necessary signatures of thsurance documen�tation a d the
the contr a c t s h a(i b e d e e m e d awarded. e 9 o v e m i n g b o d
Y, at which time
4• To submit to CITY such information as CITY ma
Bidder's financial standing experience and to pertorm the Wu�re to determine the
5• That the accompa�ying certified or cashier's c o�
guarantee fhat if awarded the contract CONTk or Bid Bond constitutes a
Agreement and deliver the required bonds and certifi'�ca eS�R W��� execute the
days after notice of award. If CONTRqCTOR fails to ex °f insurance within 10
documents, the check or bond is to be charged with the
damages to C1TY, including but not limited �o ecute and deliver said
money between the amount bid and the amo COSts of the resultant
pubiication costs, the difference in
C�71' to do or cause to be done the unt in excess of the bid which costs
additional salaries -and overhead,-increased interest an
work involyed� lease and rental costs,
project, attomey expense, additional engineering and archi costs of funding the
#ectural expense and
Page C-9
�
cost of maintaining or construction altemate facilities occasioned by the failure to
execute and deliver said documents.
It is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum", are estimates and the final payment will be based upon the actual work
� perFormed, subject to such adjustment and alterations as elsewhere provided herein.
2�
�
4 ,.� ,s+��' h n ���v
,�,s� .°F " ` ,�.. ma t, �y� °�r.'r ,.k,� 9M,, �h �, :,�r >•�+y '� r ja .� _xr° x3Y�1,• t � p'�,'�`�•�. s��t�'} r .�` y �� a.� .
�ri,.��a� .t., ,m.� " y .
�1 � �� ��.-
City Paim tree Prur�mg �� EA: � 3258 �� �� f���
�t .�D � �{ ,ZA
Housing Authorit�+ Palm Tr�ee EA 364 $ �
3 Pruning ta•`F� ?p��.to0
TOTAL BID PRICE
$c�'? oog . $ f�
The costs of any work shown or required in the Exhibits and Specifications, but not
specificaliy identified as a Pay Item are included in the related Pay ttem(s), and no
additional compensation shall be due CONTRACTQR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
TOTAL AMOUNT BASE BtD IN FIGURES $ CP7� �0� • g�
` TOTAL AMOUNT BASE BID IN WORDS G!L�Ct"�I'-�CYG. �S TH�Ot�/'b�J'p
�t�a N�T �DD�ti��i �tn1� �t�it-F-7`'`f ��ntTS
! ___...____.._
IN WITNESS WHEREOF CONTRACTOR.executed this Bid as f date set forth on
Page C-1:
. r
BY _-___._ _ __ .., _.__ .� _ _ v� n C_ _.
Signatur ' -
Title: ��
'�,�t�v�'
CONTRACTOR
State of Ca' mia )
County of s��� ) �
Subscribed and swom to or ffirmed) before me n this � day o�����
(month), _���(Year), by � ` �
� � `► proved to me on the�basis of satisfa ory evidence to e the persor�(`�`
who appeared before me. ���.,,,�,,,,,,�,
A. PALLESCHI
� � COflAM.#2024226 y�
a NOTARY PUBLIC�CALiFORNIA�
'�' '� RIVERSIDE COUNTY �
� � � � Commission Ex ires MAY 11,2017
,
Signature of Nota - ea"�""o�Notary)
. Page C-2
D - INFORMATION REQUIRED OF BIDDER
TO ACCOMPANY BID
The bidder is required to suppiy the foliowing information. Additional sheets may be
attached if necessary.
(1) Company Name ��?�'(`�7 l�ACi�''�l��l�, ��-��,��,f,���� ,�G
(2) Address �0 � A�f�rM�j Gf�. �F-(Z1�U�D/{ -(�t�I�(�j �� �jrL7.D�
N1/�l v: . . Q� i D�l' LO
(3) Telephone No. �_�.� „�� �� � ��A' �55
(4) Type of Firm {Individual, Partnership ar Corporation) �.'ji��-r� �
(5) Corporation organized under the laws of the State of GA�I�t�p(Z��/.�
(6} Contractor's License Na�� � ( Exp. Date (2 �� �
%r7".���-
t7) List the names and addresses of all owners of the �rm or names and titles of all
officers of the corporation:
- �rN'D`( C�Y�-1�L� - f��'EGlt G�
(8} Number of years' experience as a tree pruning contractor. _ �+� ��
{9) Number of years' with govemment tree pruning contracts � �'(�A�F'j
(10} Name of I.S.A. Certified Aboroist(ISACA) �eld supervisor overseeing this project:
Name: 1��[ j�'(lj'��J,,�j�, )p ISACA NumbeW�g��
,Exp.Date t �t-�
(11) Number of ISA Certified Tre �
e Workers with th�s organization. �
THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK
Page D-1
4
�:°'' (12) List at least three govemmen# projects similar scope and size, and completed
within the last five years: -
Note: The City of Paim Desert may be used anly once.as reference for this section.
Co�tract Amourrt Class of Work Date Compieted Name, Address$
,� n�� Tele hone No. of Owner
.�1� � � D. • � � wt w gjrc. 9�`d 0 �Tf�tt2.v�/��
'�'��'PiwvN� coyv►'P�Tf�D �� Q ��
� � � C�bo�_�t 1�•�oao
2 . ���iG�l'P� t D � �.jj '��tl� NGE.H-: Car►mu ,1'��
2��7�t . .P�;3Na� � l � •`�No- z� v� R-
: Qcrd+��o ►yd/L
3. ?�aD•41 fl•'30 q
_l��a j'{'' �'G��t1l�l l�L� ��`f'a�t �hrJ�'� G�t�°jrv�
- p�g prGh�K'r
(13} PursuarYt to--Catifomia-�Pubtic-Corrtracting Code,���4�� �`�' �a'�"��
fol{owing iist gives the name business address, artd �q" �e
work to be dor�e)for each subcvrrtr�ctor that wili be used m the�v�ror�jt�pbi�der
is awarded the Corrtract, (Additionai supportir�g data may be attached to this
age. Ear� page shall be sequerrtially number�ed, and headed "propo�
ctors"and shalt be srgned,} The Bidder shali tist ai! subconfractors whO will
perfo wrork or labor or render service to the prime c�ntracta. in excess of one-
hatf af e per�ent of the prime's bid.
Subcontra r's Name: -- -
License Numbe .
Business Address:
Telephone:
Work Description:�--- � _ -- - .____. ._
Percent of Work:
Subcontractor's Name•
Lic:ense Number:
Business�ddress:
Telephone:
Work Descripption: er+cent vf Work:
Name of Bklder Signah�re o#B' er
Page D 2
_ ,.� .
(14} List the name of the person who inspected the site of the proposed work for your
firm ��t/���4�
(15) A financial statement or other information and references sufficiently
comprehensive to permit an appraisal of your current financial condition may be
required by the City.
Contractor hereby swears under penalty of perjury that this information provided is true
and correct.
� /
By: � _G� L
, � -P
Title: t �hl't' nWN �.
Signat e Contractor
__ _ _
__ _ _ ...�__�...�._ _. _ Page D-3
� _
,
�'� E - ruo
NCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
I am the�J�t�pL�1'� of�I�j (�1 - 9F�V�c�-�
_���ul�i�., L�;��1E�T'¢�� t e �
party making the foregoing bid. The bid is not made in the interest of, or on behalf of
any undisclosed person, partnership, company,
association, organization, or
corporation. The bid is genuine and not coflusive or sham. The bidder has not directly
or indirectiy indticed or solicited any other bidder to put in a faise or sham bid. The
bidder has not directly or indirectly colluded, conspired, connived, or agreed with an
bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has
not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to�x an
overhead, profit, or cost element of the bid price, or of that of any other bidder. A(j
statements contained in the bid are true. The bidder has not, directly or indirec#i
submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divuiged information or data relative thereto, to any corporation, partnership, com an
association, organization, bid depository, or to any member or agent thereof, to�
effectuate a coliusive or sham bid, and has not paid, and will not pay, any person or
entity for such purpose.
__
_ _
Any person executing fhis declarat�on on behalf c�f a t�idder that is a corporation
partnership, joint venture, timited liability company, limited liabili '
other entity, hereby represents that he or she has fuli power o exe ute,hand does
execute, this deciaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of Califomia that
the foregoing is true and correct and that this deciaration is executed on
�C-E-! c.�-r-t� ___
, 2tJ�, at��Mt1�A "Dt�N�S , �,q
C�ty State
� BY� ���-- �,r4
-�Signature�.�.�; �'� L
-��__.__��� ��
Title: t 0���
CONTRACTOR
Page E-1
,
� .
i Bond No.:-01
Bid date:03/10/14
F- BIDDER'S BQND
To Accompany Bid
KNOW ALL MEN BY THESE PRESENTS,
That we� And 's Landsca e&Tree Service,Inc.
and American Contractors Indemni Com an as principai,
firmty bound unfo the Cify of Palm Desert in the sum of$ $�,3 a oasu��' a� o�id and
to be paid.:to.the said�Ci�y or.�s c�rtain.attamey, its successors and assigns�fo rwhi h�
paYment, well and tntly to`�be made; we bind oursetves, our heirs, executors and
administratars, successors or assigns�jointly arx! severa��y, flrr�Ey by these presents.
THE CONDITlON OF THIS-(3BLIGqTiON iS SUCH that if the certarn bid of the abave
bounden principat to perfo+m certain wark described as foitows:
2014 CITYWIpE PALM TREE PRUNING; PRC?JECT 931_�4;
CQNTRACT G3328p;
The g�neral items of work ta be done hereunder consist of pruning paim trees:
and dated 03/06/2014 is accepfed by the City of Patm Desert,
and if the abave bounden prineipal Andy's Landscape&Tree Service Inc
dufy enfer into and execute a contraat for such constructton, and shait executehaind
deHver the Pertormance Bond and Paymerrt Bond and insurance�rtificates as required
by said contract, then this abligation sha11 become nuli and void; otherwise it sha11 be
and remain in full force arid effect.
Shouid it �ecome necessaiy for the City to institute a lawsuit� or any other lega!
proceeding to enfor�ce. �he terms .and.r,undibans of.lhis -bond; then a)1 costs of said
proceeding� including attomey's fees, shall be awarded to the prevaiting party
. IRema/nder of fhis page has tntentianally been/eft blank
Sfgnafure b/ocks ar�e c�ontafned on the nexf pagej
Page F 1
i .
IN WITNESS WHEREOF, We hereunto set aur Hands and Seats this br___n____day
Of March 2Q 14
Contractor's Name: Andy's Landscape&Tree Service,Inc.
Contractor's Signature:
Tit(e:
� .._..M:4.._�:�:.�..�_.� . . - �
�.,,...,�».,�����,�;r.._._.:.:_�_._..__.___
Addr�ess: ,. .. __. ...� .....
Telephone:
.SUI'6�I�S N�1Y1e; American Gontractors Ipdemni Com an
Surety's Signature: --'_ � '-`!=_.._._ .
TI��@: Paul S.Dito:Attorney-in-fact �
Af�fjC@SS: 625 The City Drive S.Ste. 130,Orange,CA 92868
Telephone: 714-740-7400
- - . ______
� �cknowledgmenf � �
State of Catifomia �
County of �
)
On befor�e me�
personally�appeared ----- _. .:-.__._ . _.
s�tisfactory evidence to be fhe persan(s)who� ^ame(S��s%aretsubscribedtto t basis of
Instrument and acknowledged to me fhat he/she/they executed the same in his/he�e1�
authorized_.capa�ity(ies)� and that by his/her%their si natu
person(s). or the ent' u 9 re(s) on the instrument the
instrument. � p°n behalf of which the person(s) acted, executed the
I certify under PENALTY OF
fore oi � ��������e-��pf the State of Califomia that the
9 n9 Pa�graph is trus and carrect,
WITNESS my hand and o�icial seai.
Signature
� . {Seal)
Page F-2
State of California ) CAUFORNIA ALL-PURPOSE
County of orange _� ) �ERTIFICATE OF /qCKNOWLEDGMENT
�
On 03-06-14 � before me, M. Barreras, Notary Puhla,c �
- -,
{here insert name and tille o(the officer)
personally appeared Paul s. ni to
.�____------ --.-----.—,
who proved to me on the basis of satisfactory evidence to be the person(�whose name(�1 is/�i�subscribed to
the within instrument and acknowledged to me that hel��� executed the same in his/.�§r�#� �
authorized capacity(�), and that by his��#�signature(�} on the instrument the person(�1, or the entity �
� upon behalf of which the person(K�acted,executed the instrument.
i f certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct. � M.BARRERAS
Commission#�2048208
� ,-•� Notary Public-Galitarnia z
WITNESS m hand and official seal. � ti`"' Orange County �
y �'�� My Comm.Ex ires Nov 5,2017
�.�,..
Signature _ ��� �
t5ea1)
OPTIONAL INFORMATION
Although the informatlon!n thls section is not required by law,it could prevent fraudulenY remova!and re.attachment of rhis
acknowledymenr to an unaurhorized documeni ond may prove usefv!ro��ersons relying on the�attached documenr.
; Description of Attached Document , � , ; , . �
The _---�..________�._ .__..�_.__� _� �._...�� �. _.__.__ � �
_..
� preceding Certificate of Acknowledgment is attached to a document �ethod.of Signer ldentifltation
__...__.. __.._._ .._.----
titled/for the purpose of Bor�d No. —01 Proved to me on the basis of satisfactory evidence: p
; ___ ___...,�___��_._._---- -._ .M_...,.__
; -_.__._. _.__.
�—Q form(s)of identification Q credible witneu(es)
' __.__..__..._..,._..,, ..__..__.___.�_�... . ......... __..._.._ _.,.. . .._,_ � —r Notarial event is detaiied in notaryjournal on:
containing _ ___ __pages,and dated , : Paqe a entry�t
� The signer(s}capacity or authority is/are as; Notary contact:
�._,.„�._._._�_____.�......_..___....._..._.__.
❑ Individual{s) Other
: Q� Attorney in-Fact ._..__. _.___.._ .____.. ._...._._._.........._.__.__.____
❑CorporateOfficer(S) r(,� Additlonal5igner(s) � Siqner(s)Thumbprint(s)
.�...,.�,.. �..`...r. ._.,.,,..._Title(s1 !� . . .. __._...__ � LJ
❑ GuardianlConservator
❑ Partner-lJmitedlGeneral
❑Trustee(s)
L�ome�:
representing: , �erican Contractors Indemnity Ccmapany
' Name(s)of^Perwn(s!or Ensl ���s ---�-------i
ty(ies)Sigher t3 Representing
.E';'.7 :..,n , —".—""-`^`^^' ��.<?-, a x.a . -;„ „�.„
.. .. .,. o� ., .r �..e.�,..� <..,.�,,: ,., ,_,;.�t:n�,� ��+.�.. s�xa.9m�_ o-r � vt_ ¢a-s.� .�"t_",
O CopyrlgBt 2007 Notary potary,lnc.925 29th St,Des Mnines,IA 50312361 Z fbrm ACKD3 tOf07 To re-order,eall toll-frce f-877•349�b588 nrvlslt�s on ihe Internet at http://www notaryrotarycom
.
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
I�NOW ALL MEN BY THESE �RE�ENTS� Tk�at American Contractors Indemnity Company, a California corporation, Texas
Bonding Company, an assumed narr�e of American Gontractors Indemnity Gampany, United States Surety Company, a Maryland
corporation and U.S. Specialty InsuranCe Company,a Texas corporation(collectively,the"Companies"),do by these presents make,
constitute and appoint:
Paul S.Dito,Ariel T.Heredia,Khoi Tran,Maricela Lares,or Angela Kim of Orange,California
its true and lawful Attorney(s)-in-fact,each in their separate capacity if mora tlt�n ane�s na�ned above, with full power and authority
hereby conferred in its name,place and stead,to execute,acknowledge and deliver any�nd all btlnds,recognizances,undertakings
or other iostruments or contracts of sureiyship to include riders, amendments, and consents of surety, providing the bond
penalty does not exceed "*"*"`Three Million**'*• Dollars ($ *`3,000,0(�.00'• ),
This Power of Attorney shall expire without further action on December 08,2016.This Power of Attomey is graned under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be i!Resolved,thut the President,any Vicc-PreSident,any AssistanC Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authority to appoint any one or mote suitable persons as Attorney(s)-in-Fact to reprcsent and act for and on behalf of the Company subjeM to the Following
provisions:
Atrorne�-in-Fac�may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and aIl bonds,
recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of rctained
pereentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability
thereunder,and any such instruments so executed by any such Attomey-in-Fact shall tx binding upon the Company as if signed by the President and sealed and rlTected
by the Corporete Secretary.
Be it Resolved,that the signature of any auihorized afficer and seal of the Company heretofore orhere�fter affixed to any pqwer of attomey or any certificate mlating
thereto by facsimile,and any power of attomey or certificate bearing facsimile signature or facS}tnile seal shall be valid and binding upon the Company with respect to
any bond or undertaking to which it is attached.
IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto a�xed,this
l Oth day of December,2012.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
COtpOiBtC S681S UNITED STATES SURETY COMPANY U.S.SPECtALTY INSURANCE COMPANY
1tN!l�bLy� ��� . �r � Ill�
.°aSN:CT�!S4'�, , ssuaF,,, ` QNpiNC'i,,,i�. ,. g �,,, .
�a., .. �'�, c.�E'. ':pL's,. .��•0 ''+�`O°; a� °-:�°',
.r'o�'' "�for's ,�,�P.' `y;.
��:` ':�f= 5+0: `•A� acf �'v�= E. {- °'�c
`.�;.
_o; .s? '.O? ev,± ,�'
- rcnnrou�eo : _ =C' ,;: =x; D: �V: `�`�,�����_
;Wt,�.n.�f�e; 2 =Wi ,�y` 5`[ z'> ;w+ r a c � . 's��
'.'d; •���: ;?'-.. :�a, ==,s��.yY: = :.�.%'F,= Daniel P.Aguilar,Vice Presi ent
".�It1FOFWT �.O�..'*.. '!c '%?9lEOFSE+P�,.o ..
' "�nnnweo•�O°`` i .ni � m#o�
State of California ��
County of Los Angeles SS:
On lOth day of December,2012,before me,Vanessa Wright,a notary public,personally appeared Daniel P.Aguilar,Vice President of
American Contractors Indemnity Cornpany, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance
Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that hy his signature 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 PERIURY under the laws of the State of Ca(ifornia that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. �
..rr..
Si ature 1'� t ' t�� C0'"'�"iOM���
� — V• U���-`�-- — (Seal) � M0�'��w..c�
Ge�n1.E Me�.l016
I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety
Gompany and U.S.Specialty Tnsurance Company,do hereby certify that the ahove and foregoing is a true and correct aopy af a Power
of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resofutions of the Boards of Directors,
set out in the Power of Attomey are in full force and effect.
In Witness Whereof,I have hereunto set my hand ar�d affixed the seals of said Companies at Los Angeles,California this 6TH day
of MARCH , 2014.
Corporate Seals ��1iv.cTORJ,�, •,°Ssua� ,,°No�ti�",, ,o��'�;;s,,,,,,,
,cp�................i,r%., c`°qfc.........._Fj:%., �:e0. .C�., �a..��:... °.`.an a%, �, `+.+a.
:4: 'o=. �t:' +.L'., . •.:
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'�i3 3br aai �= c n• w 3"
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-�'. rcwwr�rro _' ' : ' -w: :v_ .
_°�' ve.i:s.ea.a -�_ =w�:. ° _ . :T' m, _
I3and No. —Ol - : ; -�°. = � _
�007 s�L'�c <o",' s�'.... : }� ';sl, :*y�< ' s a � Jeannie Lee, sistant Secretary
AgencyNo. ,,,,q��o�»�w:'�� �,�'t -�,T�oFtE+.��` .. ;�
.�mm�nnr"°�, � � .nmiUw°°