HomeMy WebLinkAboutC30460 Citywide Tree Pruning 932-11 - Joint ConsiderationContract No. C30460
CITY OF PALM DESERT/PALM DESERT HOUSING AUTHORITY
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C30460 FOR THE CITYWIDE TREE
PRUNING PROGRAM TO WEST COAST ARBORISTS OF ANAHEIM,
CALIFORNIA, IN THE AMOUNT OF $50,422.50 (PROJECT NO. 932-11)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
Janet M. Moore, Director of Housing
CONTRACTOR: West Coast Arborists
2200 E. Via Burton Street
Anaheim, CA 92806
DATE: March 10, 2011
CONTENTS: Agreement
Payment Bond
Performance Bond
Proposal
Recommendation
By Minute Motion, City Council and the Housing Authority Board:
1. Award Contract Number C30460 for the Citywide Tree Pruning Program to
West Coast Arborists of Anaheim, California, in the total amount of
$50,422.50 (City $37,179 and Housing Authority $13,243.50);
2. Authorize the Director of Finance to set aside an additional 10% contingency
in the total amount of $5,042.25 (City $3,717.90 and Housing Authority
$1,324.35); 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 2010-11 Housing
Authority operating budget.
Commission Recommendation
The Housing Commission reviewed the recommendation at its regular meeting of February
March 9, 2011. Staff will provide a verbal report upon request.
Staff Report Contract No. C30460
Award Contract No. C30460 to West Coast Arborists
March 10, 2011
Page 2 of 2
Background
This year's Citywide 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 Friday, February 25, 2011, at 11:00 a.m., sealed bids were opened and read aloud,
with the following bids received:
Contractor
Location
Price
West Coast Arborists
Anaheim, CA
50,422.50
Tree Elements, Inc.
Yorba Linda, CA
55,701.30
Tree Rite
Bermuda Dunes, CA
64,822.50
Trimming Land Co., Inc.
South Gate, CA
81,555.00
Mariposa Landscape, Inc.
Irwindale, CA
111,624.60
Staff has reviewed West Coast Arborists' bid proposal and determined that the bid requirements
have been met.
Fiscal Analysis
Funds are available for the portion of the contract relative to the City and Assessment Districts
in Parks and Recreation accounts 110-4610-453-3320, 110-4611-453-3320, 110-4611-453-
3371, Repair/Maintenance Medians Account 110-4614-453-3370 and Assessment District Fund
200 accounts; and for the Housing Authority, funds are set aside in the 2010-11 Housing
Authority operating budget. q;
Prepared
H.
Landscape Manager
Departm
Mark Greenwood, P.E.
Director of Public Woo
J net oore, Diretctor 6f Housing ION
McCarthy, AC DA/Housing
Paul Gibson, Director of Financed
APPROVED DENTED
RECEIVED OTHER
f M. Wohlmuth AUNEN'lz guLgig
Manager/Executive Director ABSTAIN:
VERIFIED BY. -
Original on File with City
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Contract No. C30460
CITY OF PALM DESERT
CITYWIDE TREE PRUNING PROGRAM
PROJECT 932-11
CONTRACT NO. C30460
AGREEMENT
THIS AGREEMENT is made and entered into in the City of Palm Desert on this 10t" day
of March 2011, by and between THE CITY OF PALM DESERT, a municipal
corporation, hereinafter referred to as "City," and West Coast Arborists, Inc., herein
referred to as "Contractor."
WITNESSETH:
WHEREAS, on February 2, 2011, City invited bids for Citywide 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 date of execution of this
instrument through July 31, 2011 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
Fifty Thousand Four Hundred Twenty -Two and Fifty dollars ($50,422.50) 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 City of Palm Desert, its officials, officers, employees,
representatives, and agents from and against all claims, lawsuits, liabilities or damages
of whatsoever nature arising out of its connection with, or relating in any manner to, any
act or omission of Contractor, its agents, employees, subcontractors and employees
thereof in connection with, the performance or non-performance of this Agreement.
Contractor shall thoroughly investigate any and all claims and indemnify City and do
Contract No. C30460
whatever is necessary to protect the City of Palm Desert, its officials, officers,
employees, agents, and representatives 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 the City.
(6) TERMINATION If, during the term of this Agreement, City determines that
Contractor is not faithfully abiding by any term or condition contained herein, City may
notify Contractor in writing of such defect or failure to perform; which notice must give
Contractor a three-day period of time thereafter in which to perform said work or cure
the deficiency. If Contractor fails to perform said work or cure the deficiency within the
three (3) days specified in the notice, such shall constitute a breach of this Agreement
and City may terminate this Agreement immediately by written notice to Contractor to
said effect. Thereafter, except as otherwise set forth herein, neither party shall have any
further duties, obligations, responsibilities, or rights under this Agreement except,
however, any and all obligation of Contractor's surety shall remain in full force and
effect, and shall not be extinguished, reduced, or in any manner waived by the
termination hereof. In said event, Contractor shall be entitled to the reasonable value of
its services performed from the beginning of the period in which the breach occurs up to
the day it received City's Notice of Termination, minus any offset from such payment
representing the City's damages from such breach. City reserves the right to delay any
such payment until completion of confirmed abandonment of the project, as may be
determined in the City's sole discretion, so as to permit a full and complete accounting
of costs. In no event, however, shall Contractor be entitled to receive in excess of the
compensation quoted in its bid.
The City Council may terminate the contract with 30 days written notice for any reason.
(7) INCORPORATED BY REFERENCE The Notice Inviting Bids; Bid Terms and
Conditions/Instructions to Bidders; Contractor's Proposal Submission Forms;
Addendum Nos. 0 ; General Terms and Conditions; Specific Terms and Conditions;
Extra Work Pricing Schedule; 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 of any
force or effect, nor shall any such oral agreement, understanding, or representation be
binding upon the parties hereto.
Page 2 of 4
Contract No. C30460
(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
mail, postage prepaid b
IF TO CITY:
Office of the City Clerk
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, CA 92260
y
IF TO CONTRACTOR:
(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 court costs, in addition to any other relief
granted by the court.
Page 3 of 4
Contract No. C30460
(14) AUTHORITY TO EXECUTE AGREEMENT Both City and Contractor do warrant
that each individual executing this Agreement on behalf of each party is a person duly
authorized.
IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by
their duly authorized officials, this Agreement which shall be deemed an original on the
date first above written.
CONTRACTOR:
By: Title:
Printed name
Signature (to be notarized)
Subscribed and sworn to, before me this day of , 20_
Signature of Notary (Seal of Notary)
FOR CITY BY:
JEAN M. BENSON
MAYOR
Palm Desert, California
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
ATTEST:
RACHELLE D. KLASSEN
CITY CLERK
Palm Desert, California
DAVID J. ERWIN
CITY ATTORNEY
Page 4 of 4
Contract No. C30460
CITY OF PALM DESERT
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO. 932-11
CONTRACT NO. C30460
Payment Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to West Coast Arborists, Inc., (hereinafter designated as
"Contractor"), an agreement dated described as
follows: CITYWIDE TREE PRUNING PROGRAM, PROJECT NO. 932-11, CONTRACT
NO. C30460 (hereinafter referred to as the "Contract"); and
WHEREAS, said Contractor is required to furnish a bond in connection with said
Contract, and pursuant to Section 3247 of the California Civil Code;
NOW, THEREFORE, we, , the undersigned
Contractor, as Principal, and a corporation organized
and existing under the laws of the State of , and duly
authorized to transact business under the laws of the State of California, as Surety, are
held and firmly bound unto the City of Palm Desert and to any and all persons,
companies or corporations entitled to file stop notices under Section 3181 of the
California Civil Code, in the sum of Fifty Thousand Four Hundred Twenty -Two and Fifty
Dollars ($50,422.50), 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.
Page 1 of 2
Contract No. C30460
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of said Contract or to the work to be
performed thereunder or the Specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the
Specifications.
No final settlement between Obligee and Contractor hereunder shall abridge the right of
any beneficiary hereunder, whose claim may be unsatisfied.
Contractor and Surety agree that if Obligee is required to engage the services of an
attorney in connection with the enforcement of the bond, each shall pay Obligee's
reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 2011.
PRINCIPAL/Contractor:
(Typed Name of Contractor)
By:
(Signature)
(Typed Name and Title)
The rate of premium on this bond is $
SURETY:
(Typed Name of Surety)
By:
(Signature of Attorney -in -Fact)
The total amount of premium charged: $
(the above must be filled in by corporate surety).
(Typed Name of Attorney -in -Fact)
per thousand.
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California Insurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California Insurance Code, and if the work or
project is financed, in whole or in part, with federal, grant or loan funds, it must also
appear on the Treasury Department's most current list (Circular 570 as amended).
Any claims under this bond may be addressed to:
(Name, Address and Telephone No. of Surety)
(Name, Address and Telephone No. of agent or representative for service of process in
California if different from above)
Page 2 of 2
Contract No. C30460
CITY OF PALM DESERT
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO. 932-11
CONTRACT NO. C30460
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to West Coast Arborists. Inc., hereinafter designated as "Principal", a contract
for:
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO.932-11
CONTRACT NO. C30460
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, the
Principal, and as Surety, are held and
firmly bound unto the City of Palm Desert, hereinafter called City, in the penal sum of
Fifty Thousand Four Hundred Twenty -Two and Fifty Dollars ($50,422.50), being 100%
of the contract amount in lawful money of the United States of America for the payment
of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors,
administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal,
his executors, heirs, administrators, and successors, or assigns, shall in all things stand
to and abide by, and well and truly keep and perform the covenants and agreements in
the said contract and any alterations thereof made as therein provided, on his or their
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to their true intent and meaning, and shall indemnify and save
harmless the City, its officers and agents, as therein stipulated, then this obligation shall
become null and void; otherwise, it shall be and remain in full force and virtue.
And said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to terms of the contract or to the work to be
performed thereunder or the specifications accompanying the same shall in any wise
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contract or to the work or
the specifications.
Should it become necessary for City to institute a lawsuit or any other legal proceeding
to enforce the terms and conditions of this bond, then all costs of said proceeding,
including attorneys' fees, shall be awarded to the prevailing party.
Page 1 of 2
Contract No. C30460
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 , 2011.
SURETY
W
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
PRINCIPAL
Page 2 of 2
CONTRACTOR'S PROPOSAL SUBMISSION FORM
CITY OF PALM DESERT
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO.932-11
CONTRACT NO. C30460
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 tree pruning work shall be indicated.
SUBTOTAL for CITY Tree Pruning 918 $ 40.50 $37,179.00
SUBTOTAL for HOUSING Tree Pruning 327 1 S an_sn I il 9a- sn
TOTAL FOR ALL TREE PRUNING 1 1,245 10MMU 50,422.50
WEST COAST ARBORISTS, INC.
Company Name
2200 E. Via Burton Street, Anaheim, CA 92806
Company Address
714/991-1900 714/713-0269 714/991-1027
Office PF one Cell Phone Fax
Patrick Mahoney President
Bid Pr� ad
y Title
! February 24, 2011
Signat re Date
Quinn, Area Manager, 714/713-0269
Cell Phone
SECTION 1 -- CONTRACT DOCUMENTS Page 8
NIAIOCA*
Tree Care Professionals Serving Communities Who Care About Trees
February 24, 2011
City of Palm Desert
City Clerk
73-510 Fred Waring Drive
Palm Desert, CA 92260
RE: CITYWIDE TREE PRUNING PROGRAM, PROJECT NO. 932-11, CONTRACT NO. C30460
Due: Friday, February 25, 2011 at 11:00 a.m.
To Whom It May Concern,
www.WCAINC.com
Thank you for allowing us the opportunity to submit a proposal for the Citywide Tree Pruning Services
Project for the City of Palm Desert. West Coast Arborists, Inc. (WCA) has a 37-year track record of
working for more than 195 California municipalities and various public agencies. We have developed a
complete Urban Forestry Management Program that includes a Master Street Tree Plan, Tree Inventory
and Software Management System as part of our Maintenance Program. Our tree maintenance
program includes a well defined Quality Control Plan, which incorporates certified personnel, safety,
pruning specifications, equipment, hours of operation, public relations, traffic control, scheduling of
work, computerized billing, and public convenience.
Our company has been in business since 1972 and is licensed by the California State Contractors License
Board under license #366764 with a local office and yard in the city of Grand Terrace. We have held this
license in good standing since 1976. The license specializes in Class C61 (Tree Service) as well as Class
C27 (Landscaping). Also, we have an A+ rating from the bonding board. We currently employ over 40
ISA Certified Arborists, and 100 Certified Tree workers, as recognized by the Western Chapter of the
International Society of Arboriculture.
Once again thank you for the opportunity. We look forward to working with the City of Palm Desert on
this very important project. If you have any questions or require additional information, please do not
hesit a to call me at (800) 521-3714.
Since 41
Jt
rickMa oney
sident
ST COAST ARBORISTS, INC.
CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED
CITY OF PALM DESERT
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO.932-11
CONTRACT NO. C30460
INFORMATION REQUIRED OF BIDDER
In supplying the following information, additional sheets may be attached if needed.
Check if additional sheets are attached: n&'
Check if additional sheets are not attached: ❑
(1) Company Name and Address WEST COAST ARBORISTS, INC.
2200 E. Via Burton Street
Anaheim, CA 92806
(2) Telephone No. 714/991-1900
(3) Type of Firm (Individual, Partnership or Corporation) Corporation
(4) Corporation organized under the laws of the State of California
(5) Contractor's License No. 366764 Exp. Date 12/31 /2012
(6) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
Patrick Mahoney President
Richard Mahoney Vice-President/Asst. Secretary
Rose Epperson Treasurer
(7) Number of years experience as a tree pruning contractor 37
(8) Number of years experience with municipal tree contracts 32
(9) Name of the I.S.A certified field supervisor who will be supervising this work:
Frank Quinn, Area Manager
(10) His/her I.S.A. Certified Arborist Number WE-1085AU Exp. Date 12/31/2013
(11) Number of ISA Certified Tree Workers with the organization 112
SECTION 1 — CONTRACT DOCUMENTS Page 9
CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED
CITY OF PALM DESERT
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO.932-11
CONTRACT NO. C30460
(12) List at least three similar projects completed within the last five years (two must
involve pruning desert palette trees):
Contract Class of Date Name, Address & Telephone
Amount Work Completed Number of OWNER
Tree Trimming
1. $200,000.00 & Removals 2005 to Present City of Indio
Mark Hodnick - 760/342-6560
83-101 Avenue 45 Indio CA 92201
2. $ 70,000.00 Tree Trimming 2006 to Present City of Rancho Mirage
Bill Oppenheim - 760/434-0561 ext. 521
Q9-625 LiM 111. Rancho Mirage. CA 9227C
3. $100,000.00 Tree Maintenance 2004 to Present City of Redlands
Rick Cross - 909/798-7655
P.O. Box 3005 Redlands CA 92373
(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: NONE TO BE USED ON THIS PROJECT
License Number:
Address:
Telephone:
Work to be performed:
SECTION 1 -- CONTRACT DOCUMENTS Page 10
CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED
CITY OF PALM DESERT
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO.932-11
CONTRACT NO. C30460
(14) List the name of the person who inspected the site of the proposed work for your
firm Frank Quinn, Area Manager
(15) CONT Ohereby swears under penalty of perjury that the information
provlde I t t u And correct.
Title; Patrick Mahoney, President
Contractor
THIS AREA INTENTIONALLY LEFT BLANK
SECTION 1 -- CONTRACT DOCUMENTS Page 11
CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED
CITY OF PALM DESERT CITYWIDE TREE PRUNING PROGRAM
PROJECT NO.03241 CONTRACT NO. C30460
AFFIDAVIT OF NON -COLLUSION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA)
) SS
COUNTY OF RIVERSIDE)
Patrick Mahoney , being first duly sworn, deposes and says that he/she is President
of WEST COAST ARBORISTS, INC. , 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
eorporatio , a nership, company, association, organization, bid depository, or to any member
or agent Cher tofffectuate a collusive or sham bid.
(CONTRACTOR)
Patrick Mahoney, President
Title (CONTRACTOR)
Jurat Certificate
State of California
County of Orange
Subscribed and sworn to (or affirmed) before me on this 24th day of
February (month), 2011 (year), by Patrick Mahoney ,
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Signature of Notary U (Seal of Notary)
Victor M. Gon ez
VICTOR M. F
ZALEZ
Commission 919509
Notary Public - California =
Orange County'
MY Comm. Expires Jan 27, 2015
SECTION 1 — CONTRACT DOCUMENTS Page 12
CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED
CITY OF PALM DESERT
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO.932-11
CONTRACT NO. C30460
BID BOND
KNOW ALL. MEN BY THESE PRESENTS,
That we, WEST COAST ARBORISTS, INC. as principal,
and CONTRACTORS BONDING AND INSURANCE COMPANY as surety, are held and
firmly bound unto the City of Palm Desert in the sum of $ 10% OF BID (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 worts to be done hereunder consist of: prune and trim trees as
described herein and as detailed In the Contract Documents and all appurtenant work
as required by the specifications and appendices, and dated 2-25-11 is accepted by
the City of Palm Desert, and if the above bounden principal WEST COAST ARBORISTS: INC.
shall duly enter into and execute a contract for such construction, and
shall execute and deliver the Performance Bond and Payment Bond and insurance
certificates as required by said contract, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
Should it become necessary for the City to institute a lawsuit, or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorney's fees, shall be awarded to the prevailing party.
[Remainder of this page has intentionally been left blank.
Signature blocks are contained on the next page..]
SECTION 1 — CONTRACT DOCUMENTS Page 13
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 24th day
of FEBRUARY 2011.
Contractor's Name: WEST
Contractors Signature:
Title: PATRICK MAH
Address: 2200 E. VIA
Telephone: 714/991-1900
RISTS, INC.
EY,vP4ESIDENT
ON STREET, ANAHEIM, CA 92806
Surety's Name: CONT!JACTORS BONDING AND "INSURANCE COMPANY
Surety's Signature:
Title: NIC IAEL D. STONq, ATTORNEY -IN -FACT
Address: `i850 ARLINGTON AVE., RIVERSIDE, CA 92504
Telephone: (951) 343•-0332
SECTION 1 — CONTRACT DOCUMENTS Page 14
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On 2/24/11
Date
Orange
before me, Victor M. Gonzalez, Notary Public
Here Insert Name and Title of the Officer '
personally appeared Patrick Mahoney
Name(s) of Signer(s)
who proved to me on the basis f tisfactory evidence to
be the person whose nam isJ re-sttbscribed to the
ithin instru ent and ac now to me that
%hetpacd1Vy"((196+
executedthe a in ttlm N�reir authorized
h'
and that by � r�hprlthetr stgnaturefs}-on the
instrument the persons) or the entity upon behalf of
VICTOR M. GONZALEI which the person("cted, executed the instrument.
Commission # 1919509
w Notary Public - California z I certify under PENALTY OF PERJURY under the laws
Orange County t of the State of California that the foregoing paragraph is
M Comm. Ex ires Jan 27, 2015 t true and correct.
WITNESS my hand and official seal
Place Notary seat AboveSignature v� hS` f
ry
OPT/ONAL
Though the information below is not required by law, it may prove valuable to persons retying on document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: BID BOND
Document Date: January 24, 2011 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Skjner(s)
Signer's Name: Patrick Mahoney
❑ Individual
❑x Corporate Officer — Title(s): President
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other: _
Signer Is Representing: West coast
Arborists, Inc.
�J
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: West coast
Arborists, Inc.
Top of thumb here
.V .d..�y .a,. .d .d .d .V .Y .d .� .� .y .� .� .� .�..� .y .d .� .d..d •A' 'b `N 'M `N 'N 'N 'Y 'Al M 'b N 'N .V .� _� .V .V
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of RIVERSIDE
On before me. R. NAPPI "NOTARY PUBLIC"
(Here insert name and title of the offtccr)
personally appeared MICHAEL D. STONG
who proved to me on the basis of satisfactory evidence to be the person,(.s'jwhose nameOrf is/arc subscribed to
the within instrument and acknowledged to me that he/sheAhey executed the same in his/henk*o_4r authorized
capacity0e4 and that by his/hod4hok signatureWon the instrument the personX, or the entity upon behalf of
which the personWacted, 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.
R. NAPPY
WITNESS my hand and official seal. COMM. #1796916
¢ NOTARYPUBLIC-CALIFORNIA
RIVERSIDECOUNTY j
(Notary Seal) My Comm. Expires June 7, 2012
Signature of Notary Public LA
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exact!, as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to drat document. the only erception is if a
document is to be recorded outside of California In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something chat Is illegal for a notary #it
California (i.e. certifjring the autlroH=ed capacity of the signer). Please check the
document carefully for proper notarial wording mid anach thisform if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must he the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Prim the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e
he/shcldwa - is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notaq seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, irxlicate the title (Le. CEO, CFO, Secretary).
• Securely attach this document to the signed document
2008 Version CAPA 02.1007 800-873-9865 www.NotaryClasses.com
security paper with black and red ink and bears the seal of Contractors HoMing and Inaurance'Company (the "Ccimpany"').
The original document contains a watermark with the letters :"cbic" embedded in the paper rather than printed upon it. The
watermark appears in the blank space beneath the words "Limited Power of Attorney" at the top of the document and is
visible when the document is held to the light. This document is valid solely in connection with the execution and delivery of
the bond bearing the number indicated below, and provided also that the bond is of tile type indicated below. This document
is valid only if the bond is executed oft or before the date indicated above.
10M ALL 14EN BY THESE PRESENTS, that the Company does hereby make, constitute
' and appoint the follow og: ZEREMY'PENDERGAST, MICHAEL D. STONG and RbSEMARY
MAPPI its true and lawful Attorney(s)-iU"Vaot, with full power and ,aity
i hereby conferred in its name, place and stead, to execute, acknowledge and
deliver on behalf of the Company: (1) any and all bonds and undertakings of
y suretyship given for any purpose, provided, however, that no such person shah
be authorized to execute and deliver any bond or undertaking that shall
obligate the Company for any portion of :the penal sum thereof in excess of
$10,000,000, and provided, further, that no Attorney-in�Vact shall have the
authority to issue a bid or proposal bond for, any project where, if a; contract k
: is awarded, any bond or undertaking would be required with penal sum. in excess
of: $ 0,000,000; and (2) consents, releases and rather similar documents required
by an obligee under a contract bonded by the Company+. This appointment is made p
under the authority of the Board of Directors of the Company.'----- ------------
---------------------------- --
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-- ---- --- - - --- -- -- -- --- - -- - - - - -- --- - µ
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-- ------------- --------------------------------------------
CERTIFICATE
1, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington ,rt
' corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and
i has not been revoked, and, futhermore, that the resolutions of the Board of Directors set forth on the
reverse are now in full force and effect.
�r Bond Number
Signed and sealed this day of 3 � Pao
Ace
R, Kirk hand. Secretary
y
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, � a D CBIC • 1213 Valley Street � P.O. Box 9271 a Seattle, WA 98109-0271
y (206) 622-71S3 • ($ 0) 765-CB1C (Toll Free) e ($00)950-I558 (FAX)
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State Of California
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ONTRACTORS STATE LICENSE 130ARD • '
Consumer ACTIVELICENSE
Affairs
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CORP
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Certificate of Insurance
PHIS CdjiFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN
INSURANCE POLICY AND DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE
LISTED ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT/LIMITS NOT LISTED BELOW.
This is to Certify that
f WEST COAST ARBORISTS, INC
2200 EAST VIA BURTON
ANAHEIM
NAME AND
ADDRESS
OF INSURED
CA 92806
r
is, at the issue date of this certificate, insured by the Company under the poliey(ies} listed below. The insurance afforded by the listed poliey(ies) is subject to all their terms, c xclusions and
Conditions and is not altered by anv reouhement, term or condition of anv contract or other document with respect to which this certificate may fie issued.
TYPE OF POLICY
EXP DATE
CONTINUOUS
❑ EXTENDED
POLICY NUMBER
LIMIT OF LIABILITY
® POLICY TERM
WORKERS
COMPENSATION
STATUTORY
7/1/2011
WA2-66D-039499-070
COVERAGE AFFORDED UNDER WC
LAW OF THE FOLLOWING STATES:
CA
EMPLOYERS LIABILITY
Bodily In ury by Accident
1 000 000 Eh Accident
Bodily Injury By Disease
1 000 000
Bodily Injury By Disease
1 000 00
COMMERCIAL
GENERAL LIABILITY
7/1/2011
TB2-661-039499-010
General Aggregate
$2,000,000
Products / Completed Operations Aggregate
10 OCCURRENCE
2 000,000
❑ CLAIMS MADE
Each Occurrence
$1,000,000
Personal & Advertising Injury
1 .000.000 Per Person/Organization
RETRO DATE
OF&E DAMAGES $100,000 rMbDiCAL PAYMENTS $5,000
AUTOMOBILE
LIABILITY
7!1 /2011
AS7-661-039499-030
Each Accident —Single Limit
$1,000,000 B.I. And P.D. Combined
OWNED
Each Person
Each Accident or Occurrence
mNON -OWNED
HIRED
Each Accident or Occurrence
Ub ella Excess Liability
7/112010 7/1/2011
TH2-661-039499-040
$5,000,000 PER OCCURRENCE/AGGREGATE
ADDITIONAL COMMENTS
Per endorsement CG 2010 0704 City of Palm Desert, its officers, agents, and employees are additional insureds under
the General Liability policy if required by a written contract with the Named Insured, but only for the coverages and limits
provided by the policy and additional insured endorsement.
+ If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date.
NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.)
BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE
INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE
OF SUCH CANCELLATION HAS BEEN MAILED TO:
Liberty Mutual
Insurance Group
City of Palm Desert
�� !.<-+ �?J>C .�
Elaine Ulan
Los Angeles 10603
AUTHORIZED REPRESENTATIVE
73-510 Fred Waring Drive
818 W 7th Street, Suite 850
Los Angeles CA 90017
0564408
213-624-1171 6/16/2010
1 Palm Desert
CA 92260-2578
OFFICE
PHONE DATE ISSUED
This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) I Location(s) Of Covered Operations
Or Ornanizationfsl:
Any owner, lessee, or contractor for whom you have
agreed in writing prior to a loss to provide liability
Insurance.
j Information required to complete this Schedule, if not shown above will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to include
as an additional insured the person(s) or organization(s)
shown in the Schedule, but only with respect to liability
for "bodily injury", "property damage" or "personal and
advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your be-
half;
in the performance of your ongoing operations for the
additional insured(s) at the location(s) designated
above.
B. With respect to the insurance afforded to these addi-
tional insureds, the following additional exclusions ap-
ply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or equipment
furnished in connection with such work, on the pro-
ject (other than service, maintenance or repairs) to
be performed by or on behalf of the additional in-
sureds) at the location of the covered operations
has been completed; or
2. That portion of "your work" out of which the injury or
damage arises has been put to its intended use by
any person or organization other than another con-
tractor or subcontractor engaged in performing op-
erations for a principal as a part of the same project.
This endorsement is executed by the company below designated by an entry in the box opposite its name
[ ] LIBERTY MUTUAL INSURANCE COMPANY
Premium [X ] LIBERTY MUTUAL FIRE INSURANCE COMPANY
[ ] LIBERTY INSURANCE CORPORATION
Effective Date: 7/1/2010 Expiration Date: 7/1/2011 [ ] LM INSURANCE CORPORATION
[ ] THE FIRST LIBERTY INSURANCE CORPORATION
For attachment to Policy No.: TB2-661-039499-010
Audit Basis:
Issued to: West Coast Arborists Inc
,� 7
SECRETARY PRESIDENT
Countersignedby...................................................................................................
Authorized Representative
Issued: 7/1/2010 Sales Office and No. Los Angeles, CA / 0603
CG 2010 07 04 0 ISO Properties, Inc., 2004 Page 1 of