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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 (City $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 Page 2 of 2 Background This year's Citywide Palm Tree Pruning Program includes both the City of Palm Desert and Housing Authority properties. The subject program was advertised in the local media requesting sealed bids. On Monday, February 25, 2013, at 2:00 p.m., sealed bids were opened and read aloud, with the following bids received: Reliable Tree Care Coachella, 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: Depa m t Head: LU l 'D' e Hollinger, Landsca Specialist Mark Gr e wood, P.E. Director f ublic Works C / - -)S5--d1-4-41-cs2--- ali-/ Jan t M. Moore, Director of Housing Paul S. Gibson, Director of Finance A pr val: n M. Wohlmuth ity Manager/Executive Director 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, 1 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 employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Further to the performance of the terms of this Agreement, Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. (11) AUDIT City shall have the option of inspecting and/or auditing all records and other written material used by Contractor in preparing its statements to City as a condition precedent to any payment to Contractor. (12) NOTICE All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: IF TO CITY: IF TO CONTRACTOR: Office of the City Clerk 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: Mayor 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 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. 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 • 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 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. 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. 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 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) 9 CONTRACTOR'S PROPOSAL SUBMISSION FORM CITY OF PALM DESERT CITYWIDE PALM TREE PRUNING PROGRAM PROJECT NO. 931-13 CONTRACT NO. C32530 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. QUANTITY UNIT COST TOTAL COST SUBTOTAL for CITY Palm Tree Pruning 3,251 $ j It $ 611736 - SUBTOTAL for HOUSING Palm Tree Pruning 359 $ / $ 6,8J791, - Y TOTAL FOR ALL PALM TREE PRUNING 3,610 $68;353 TOTAL OR Ali PAL TREE P NING IN OR S: 1)t t ru �"4 '!J 1 ill '! — y E - / Dollars and Pltry Cents Undersigned hereby acknowledges receipt of the number of Addendum circled(you MUST circle a number) D 1 2 3 Company: F ] t A 6 I- x �RE fZ (3 --e Address: L /� S'22 /77/r)0 7 �.qZ /04Cl-- C 9. Z"4. Telephone: Fax: -7l�©) 9 - 7/cfb ( 7 )) 3 5'7-p2fr.29 Bid Prepared By,.? ., C 4-l2.0 i..�7 7o m i:12 0 Title: G — A-4- /2///1/f16/22 Signature: Date: / A //Z 0,7- .22_ 070/3 SECTION 1 —CONTRACT DOCUMENTS Page 8 of 22 INFORMATION REQUIRED OF BIDDER In supplying the following information, additional sheets may be attached if needed. Check if additional sheets are attached: D Check if additional sheets are not attached: 1 /� (1) Company Name and Address FLI�}131� j,2s- E L f.9d21z yk-52? / -cgZ ( Lc//,ri?/i - 2223 6 (2) Telephone No. C72 U) ?9" (3) Type of Firm (individual,Partnership or Corporation) _I/u I U/ /U/9-L (4) Corporation organized under the laws of the State of /v//- (5) Contractor's License No. q/5�79 S Exp. Date spy (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: (7) Number of years experience as a tree pruning contractor Ogye1 S (8) Number of years experience with municipal tree contracts J ' y'h'i2S (9) Naep f thg I.S. certified f supervisor who will be supervising this work: K-�c r! - Om 20 (10) His/her I.S.A. Certified Arborist Number Werg'$e0 A Exp. Date /2 - 3> -.2D/S" (11) Number of ISA Certified Tree Workers with the organization pow SECTION 1 -CONTRACT DOCUMENTS Page 9 of 22 (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 1. $ 74 D0 YID -12L fLueu,v�, OF�O'-/2 Cr ,c gymOsp.ei P ( t') Rgh ' Obit :4)11w - 1--Vo ,u 1z f1 � 2. $Jff000 P4''-elL m oG-oi- aoi2 u 6 u� „Aim a sej pitAte)N'ik 6aU) 2 -.,2// J j2t 4- n, Si , ,tv 3. $6Cicoo jM.L1 .1 [t 2oaz Qu4i boe VPsad p si/zI455 PrzuN r, (740) 2- C063 9 .� /'QA,cff p � (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: /Ud1v License Number: Address: Telephone: Work to be performed: (14) List theme oi`the I rsQ whoAspected the site of the proposed work for your firm • K i c/1->9fj d f'&141 Ira O (15) CONTRACTOR hereby swears under penalty of perjury that the information provided is t nd correct. By: - Title: W ru ct Signature Contractor SECTION 1 —CONTRACT DOCUMENTS Page 10 of 22 AFFIDAVIT OF NON-COLLUSION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA) ) SS COUNTY OF RIVERSIDE) C R 1 S Tv 14191. PO M ►Po , being first duly sworn, deposes and says that he/st(ie is of P L !AVE T R FF_ (pee , 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 the bid price,or of that of any other bidder,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnershi , company, association, organization, bid depository, or to any member or agent they to a uate a collusive or sham bid. By: i 0 vv NE Signature(CONTRACTOR) Title(CONTRACTOR) Jurat Certificate State of California ) County of Ply r"eC(DL ) Subscribed and sworn to(or affirmed)before me on this S day of Felon R y (month), a d/? (year),by C P 1 S i U BGa- L Ro 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) r—sIM' --�► - •- i—+ I — 4� CHARD MICHAEL v ._ iA Commission#1841096 s 4�i. i . 17-- Notary Public-California z z • '` Riverside County My Comm.Expires Apr 16,2013 SECTION 1 —CONTRACT DOCUMENTS • Page 11 of 22 1000964420-01 BID BOND 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$ 7,000.00 (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 February 25,2013 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 attomey's fees, shall be awarded to the prevailing party. [Remainder of this page has intentionally been left blank Signature blocks arc contained on the next page.] SECTION 1 —CONTRACT DOCUMENTS Page 12 of 22 IN WITNESS WHEREOF,We hereunto set our Hands and Seals this 15th day of February 2013. Contractor's Name: Cristobal Rome ba:Reliable Tree Care Contractor's Signature: Title: ek.vy&)ifL Address: 48522 Camino Real,Coachella,CA 92236 Telephone:(760)899-7180 Surety's Name: American Contractors Indemnity Company Surety's Signature: Title: Attorney-in-fact Address: 625 The City Drive So.#130,Orange,CA 92868 Telephone: (714)740-7000 SECTION 1 —CONTRACT DOCUMENTS Page 13 of 22 State of California ) CALIFORNIA ALL-PURPOSE County of ORANGE ) CERTIFICATE OF ACKNOWLEDGMENT On FEBRUARY 15, 2013 before me, PATRICIA M. KANEGAWA, NOTARY PUBLIC (here insert name and title of the officer) personally appeared KI0I TRAN t who proved to me on the basis of satisfactory evidence to be the person(stwhose name(g)is/ii subscribed to the within instrument and acknowledged to me that heWie/tboy executed the same in his/UM/SOX *' authorized capacitydiar5), and that by histisakicirk signatures) on the instrument the persons), or the entity . upon behalf of which the person(%acted,executed the instrument. . l certify under PENALTY OF PERJURY under the laws of the — - _ _ _ _ _ _ r I 1 ,-:.... PATRICIA M.KANEGAWA t a ,I State of California that the foregoing paragraph is true and correct. o comm, #1953863 z r' ct = - Notary Public••California o r'1 Z, ,l Los Angeles County ( WITNESS my hand and official seal. 9 . ,t.,, My Comm.Expires Sep.25,2015t E 1. Signature it'- _ _ ' ... (Seal) r OPTIONAL INFORMATION Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this 1 acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. i xDescription of Attached Document Additional=Information R ii The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification it titled/for the purpose of BOND Proved to me on the basis of satisfactory evidence: f 1000964420-01 f I LO form(s)of identification 0 credible witness(es) 1 i. — -- Notarial event is detailed in notary journal on t F' containing ______pages,and dated Page# Entry a b E' t The signer(s)capacity or authority is/are as: Notary contact: T a GE ❑ Individual(s) Other y ,< ® Attorney-in-Fact ❑ Additional Signers) ❑ Signer(s)Thumbprint(s) '1 ❑Corporate Officer(s) Title(s) ❑ ❑ Guardian/Conservator s� ❑ Partner-Limited/General El Trustee(s) n ❑Other: t a representing: AMERICAN CONTRACTORS INDEMNITY COMPANY r i Narnc(;)of Pcrcn(s)or Entity(ies)Signer is Representing i i =--sw-• n nr n.. e�wr. �. t•-i.e is ra i:' ry st)sx �r :+s - r+ «i.4r'Mrn.rvH t aro.M• +tv.e. +.t, /;swA, -Rr%r Wro. 0 Copyright 2007 Notary Rotary,Inc.925 29th St.,Des Moines,IA 5031 2-361 2 Form ACK03. 10/07, To re-order,call toil-free 1-877-349.6588 or visit us on the Internet at httpliwww notaryrotarycoin POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, 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,Arid T.Heredia,Denise Lopez,Chris Theveny,Khoi Tran,or Maricela Lares of Orange,California its true and lawful Attorney(s)-in-fact,each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***" Dollars (S •'3,000,000.00" ). 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 it Resolved that the President,any Vice-President,any Assistant Vice-President,arty Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact 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 all bonds, recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction connects,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 shall 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,and any power of attorney_or certificate bearing facsimile signature or facsimile 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 affixed,this 3rd day of October,2011. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY ��� �ivGk �• Idsia UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY Corporate Seals COI,! 1 1,, It „4' 76 asatr/te ok o:; xuu a( 1% *A1 0.1 Nk%>,1 fif.. ...A *„• ate= Ir°, _: 3°} r + € By: '� *.\ .. §¢%; r y= �': Daniel P.Aguilar,Vice Pies eat State of California County of Los Angeles SS: On this 3nd day of October,2011,before me,Deborah Reese,a notary public,personally appeared Daniel P.Aguilar,Vice President of American Contractors Indemnity Company,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 by 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 PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4 WI f antra Mn do MOM gr► �d L e$4_ (Seal) z » Can.r:„ filar i&asif I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S.Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this 15TH day of FEBBUARY , ?HI°3,. Corporate Seals ' .wrap, AsVir or!o-Ho „ + } ye ohs I J 41 Q~#' Q Y �,� aid + i Bond No. LOOO964420—O ".ti. t #'- :; r=W : ,1 ii " y- .I Jeannie Lee,' latent Secretary Agency No. 9007 ' . .t , f,.