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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 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, March 10, 2014, at 10:00 a.m., sealed bids were opened and read aloud, with the following bids received: Contractor Location Price Andy's Landscape & Tree Service, Inc. Palm Desert, CA $ 67,008 .80 Liberty Landscaping, 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 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- 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. ;— Prepared by: Dep e t ead: < H. pen r Kni , Lands pe Manager Mark Gr n ood, P.E. Direc f ublic Works 03 C c Jib t M. Moore, Director of Housing CITY eak9N1I2Yeila rector of Financ APPROVED DENIED - -- (1' RECEIVED OTHER �7 d Appr val: MEET ,, G D AYES) u l }. IFje 11 ,t•`r,F l a'/af~ NOES: / �'� afvet,..._„cp ABSENT: / L Jo . Wohlmuth ABSTAIN:�('T Ci y anager/Executive Director VERIFIED BY: �� /J S Original on File with City C 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; (j) 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: 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 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, Andy'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 Sixty-seven Thousand Eight 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 Andy'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 Eight and 80/100 Dollars ($67,008.80), said sum being not less than one hundred percent (100%) 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 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). 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 BID 2014 CITYWIDE PALM TREE PRUNING PROJECT NO. 931-14 CONTRACT NO. C33290 TO: CITY OF PALM DESERT, "CITY" DATE: M POZ-tom}-1 14 ✓L,.O BIDDER: Zvi The UNDERSIGNED, "CONTRACTOR" CONTRACTOR" Contract Documents for the construction'of, 2014 carefully examined the site and the PROJECT 931-14; CONTRACT C33290; herebyCITYWIDE PALM TREE PRUNING, accordance with the Contract Documents, including Addenda No�s)roposes to construct the work for the amount t stated in this Bid. By submitting this Bid, CONTRACTOR agrees with CITY: 1. That unless withdrawn in person by CONTRACTOR or e in writing by CONTRACTOR before the time specified in the No oerson authorized for the public opening of bids, this Bid constitutes an irrevocable tice offer for 60 Bids vocable offer f calendar days after that date. 2. The CITY 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 shall only.be deemed awarded after the CONTRACT submission of all contract documents, governing body of CITY. Said CITY shall obtain all necessary signatures of thsurance documentation contractR'S complete a d the the contract shall be deemed awarded. the governing body at which time 4. To submit to CITY such information as CITY may Bidder's financial standing experience and to perform the wore to determine the 5. That the accompanying.. certified or cashier's check °� guarantee that if awarded the contract, CONTRACTOR or Bid Bond constitutes a Agreement and deliver the required bonds and certificates of willinsurance execute the days after notice of award. If CONTRACTOR fails to execute onddeliverwithin id documents, the check or bond is to be charged with the damages to CITY, including but not limited to ecute and said money ag between the amount bid and the amountcosts of the resultant publication costs, the difference in CITY to do or cause to be done the in excess of the bid which costs additional salaries and- overhead,-increased interest an work involved, lease and rental costs, project, attorney expense, additional engineering and architectural costs l fundingne and #ectural expense and Page C-1 cost of maintaining or construction alternate 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. 5 r s a ;v s t '14'v� .' rR'+ �"'' +x ', ;. �,a ,�fir, s '� ���`tiX.rS`' +t .�, �, ;�, t 4� �i� '' �h z r #xF.�y r�°+' ttv 4 4 ��,� F� A 32581a. � � City Palm Tree Pruning EA $ L B.+D 51(414f1.2A Housing Authority Palm Tree EA 364 $ $ 3 Pruning t61'4110 7p 0(.to0 TOTAL BID PRICE $4,71 CO$ . e 0 The costs of any work shown or required in the Exhibits and Specifications, but not specifically identified as a Pay Item are included in the related Pay Item(s), and no additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S compliance with the Plans and Specifications. TOTAL AMOUNT BASE BID IN FIGURES $ 4P1, 0Oi3 • S a TOTAL AMOUNT BASE BID IN WORDS 4 L)C{"y-4 CYG A -ri- o fssiQ p 41 N-T vD i-ti 4 /cI4 V Gt&it-F r1 c&AT5 IN WITNESS WHEREOF CONTRACTOR executed this Bid as f date set forth on Page C-1: By: — 7 (l( :IVII-7`4-94 Signatur Title: CONTRACTOR State of Ca' mia ) County of NM(CU, ) Subscribed and sworn tonAp`r ffirmed) before me an thisii± day ofO\Nth (month), )- 1 (year), by fACNA Lr vrA Ilk C , proved to me on the basis of satisfactory evidence tobethe personN who appeared before me. ,,,�,„� .,� ,. A. PALLESCHI ` ` COMM.#2024226 s ca" �la`' x Y.i�.a, .'NOTARY PUBLIC•CALIFORNIA ti l' RIVERSIDE COUNTY "R,,, Commission Ex ices MAY 11,2017 Signature of Nota `kii ea o Notary) Page C-2 D - INFORMATION REQUIRED OF BIDDER TO ACCOMPANY BID The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Company Name Ar i7\(`47 lrirnl17E M Aisiv-'a VIG, TnjG (2) Address 4016 I AjAMS g1-. 1 F�(ZM UT7A Vt)rs (A q'27.0 (3) Telephone No.t k-- 12.0. 1 cx I D�J LOB 1�/r�Ll� -�7�J li4 a'Z. plip() 490 2.--7 (4) Type of Firm (Individual, Partnership or Corporation) COV-'ji -TI (5) Corporation organized under the laws of the State of CA-Pt P IA (6) Contractor's License No.ciO'711 1 Exp. Date 11-/ ( 4�15 (7) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: AN-vy GAYS'-1 A W 4r17 Wir (8) Number of years' experience as a tree pruning contractor. 4 t +fe., ,� (9) Number of years' with government tree pruning contracts -2-0 (10) Name of I.S.A. Certified Aboroist(ISACA) field supervisor overseeing this project: Name: -4 j'p () ) ISACA Number 4- W�g6 �Exp.Date t I (11) Number of ISA Certified Tree Workers with this organization. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK Page D-1 4 (12) List at least three government projects similar scope and size, and completed within the last five years: Note: The City of Palm Desert may be used only once as reference for this section. Contract Amount Class of Work Date Completed Name, Address& 1 Telephone No. of Owner f11' (e I O. Pf� vtJ c tAi oyv►'P D 9alb© � T rf2AvAgr 2 04511 si Cnbo)_ttt G•t0000 ' ,ti`y 'CTt�M t D!�/t 'P7tNIN� NCe.H-: C minvigs1'100 10/ 1 t . -t•Ire&f Nlt ! ! -too en jNO9. 'T�3 D1 eGrDR- 3. ?too•4rfl.1011 CiT7Q j'{. � l 'C Of-1"d.4 t T71c " �'�it 1hr4p ' VIZ 'IN Tvarray_10 lea rA-ChIG- (13) Pursuant to--California-public-Contracting Code, Section 4�� ', a'�"�� following list gives the name business address, and �q" the work to be done)for each subcontractor that will be used the work(description is awarded the Contract, (Additional supporting data may be attached to this •age. Each page shall be sequentially numbered, and headed "Proposed • -ctors"and shall be signed.) The Bidder shall list all subcontractors who will perfo 4 work or labor or render service to the prime contractor in excess of one- half of • 'e percent of the prime's bid. Subcontra •is Name: License Numbe . Business Address: Telephone: Work Description: _.-_- Percent of Work: Subcontractor's Name: License Number: Business Address: Telephone: Work Description: ercent of Work: Name of Bidder Signature of B' er Page D-2 roso//' (14) List the name of the person who inspected the site of the proposed work for your firm AWN. V/ -t 4 A+ (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: Title �� Signat e j t'Q1T/�tN1J . Contractor < Page D-3 E — NO NCOLLUSION DECLARATION To be Executed by Bidder and Submitted with Bid The undersigned declares: I am the laL Vo of�n1D"tuj GrH�1 - 9V lC�'� ul n1� 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 collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any 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 fix an overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation partnership, joint venture, limited liability company, limited liabilitypartnership, ' other entity, hereby represents that he or she has full power to exe ute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on C1/41461. 4 T}F —_ 20A, at Egrtu�A Vu)N�ZcA City State By: ANvym -Signature(, Nay Title: CONTRACTOR Page E-1 Bond No.:-01 Bid date:03/10/14 F- BIDDER'S BOND 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 prldcipad firmly bound unto the City of Palm Desert in the sum of$ $7,3 a 0 surety, (10% of are held an d) to be paid.:to.the said,,City 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, firmly by these presents. THE CONDITION OF THIS-OBLIGATION IS SUCH that if the certain bid of the above bounden principal to perform certain work described as follows: 2014 CITYWIDE PALM TREE PRUNING; PROJECT 931-14; CONTRACT C33290; The general items of work to be done hereunder consist of pruning palm trees: and dated 03/06/2014 is accepted by the City of Palm Desert, and if the above bounden principal Andy's Landscape&Tree Service,Inc duly enter into and execute a contract for such construction, and shall executehall 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 are contained on the next page) Page F 1 • IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 6t h day of March 20 14 Contractor's Name: Andy's Landscape&Tree Service,Inc. Contractor's Signature: Title: Address: Telephone: Surety's Name: American Contractors Indemni Com an Surety's Signature: Title: Paul S.Dito:Attorney-in-fact Address: 625 The City Drive S.Ste. 130,Orange,CA 92868 Telephone: 714-740-7400 • Acknowledgment State of California ) County of ) On before me, personally appeared - satisfactory evidence to be the person(s)whose name(s)Is/adretsubscribeo me ond to the basis 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)person(s), or the entityupon9 refs) on the instrument the instrument. behalf of which the person(s) acted, executed the I certify under PENALTY OF PERM-BY-under the_laws of the State of California that foregoing paragraph is true and correct. the WITNESS my hand and official seal. Signature (Seal) • Page F-2 • State of California ) CALIFORNIA ALL-PURPOSE County of Orange ) CERTIFICATE OF ACKNOWLEDGMENT On 03-06-14 before me, M. Barreras, Notary P •lic -r (here insert name and title of the officer) personally appeared Paul S. Di to who proved to me on the basis of satisfactory evidence to be the person(X)whose name(X)iSare subscribed to the within instrument and acknowledged to me that he/Yhetthex executed the same in his/DROWN authorized capacity(a ), and that by hisMfithIlt signature(X) on the instrument the person( ), or the entity P upon behalf of which the person(K)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the �.. M.BARRERAS State of California that the foregoing paragraph is true and correct. Commission rr 2048208 z"-•a -1/ Notary Public-California z WITNESS my hand and official seal. \ }" Orange County �' My Comm.Ex ires Nov 5,2017 Signature (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document Additional Information The preceding Certificate of Acknowledgment is attached to a document Method.of Signer Identification titled/for the purpose of Bond NO. —01 Proved to me on the basis of satisfactory evidence: I—Q form(s)of identification 0 credible witnesses) Notarial event is detailed in notary journal on: containing pages,and dated Page it Entry# The signer(s)capacity or authority is/are as: Notary contact: ❑ Individual(s) Other IZI Attorney-in-Fact ❑CorporateOfficer(s) I,1 Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑ Guardian/Conservator ❑ Partner-limited/General ❑Trustee(s) Li Other: representing: American Contractors Indemnity Company Name(s))of-Person(s)or Entl _ ty(ies)Signer it Representing -'."--'-- O Copyright 2007 Notary Rotary,Inc.925 29th St,Des Moines,IA 50312-3612 Form ACK03 10/07. To re-order,call tot-tree 1-677.349 b588 or visit us on the Internet at http://wwwnotaryrotarycom 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,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 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 ($ **3,000,000.00** ), This Power of Attorney shall expire without further action on December 08,2016.This Power of Attorney is graned 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,any 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 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 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 10th day of December,2012. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY 1tNllbLy, ;: 1r � IIIr SEPT25,MO21=Wi _ J s�.. :�a :sl..• ::y, s Daniel P.Aguilar,Vice Presi ent State of California County of Los Angeles SS: On 10th day of December,2012,before me,Vanessa Wright,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. r x fair Signature (Seal) � woN{ camwNor•ttNatt+ tit . `+ Notary thtblk-tsrNlMw Y PP% Los Cu* Comet Mee 2015 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 6TH day of MARCH , 2014 Corporate Seals ;,ti �;oRJ", •,°Ssu,a' "No sy°, ;` c p�................it c`°fc.........._Fj: e0. .C , d..�:.._'.u`a�''' - 'i3 3br aai �- c n' 0� o' \..7C„rJ'l rccwor>wArro i = 3xLf ;vE = d --n Bond No. —01 =�' SEPTom a ;W. :T /!a W., i'• r 9007 `' r4, =sr; :Pe ' o s� Jeannie Lee, so' taut Secretary Agency No. „y4tilpiiN� '` ,.,.,* ,r• ",ToF tE+.,:`