HomeMy WebLinkAboutC31410 Citywide Tree Pruning 932-12 - Joint ConsiderationContract No. C31410
CITY OF PALM DESERT/PALM DESERT HOUSING AUTHORITY
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C31410 FOR THE CITYWIDE TREE
PRUNING PROGRAM TO WEST COAST ARBORISTS OF ANAHEIM,
CALIFORNIA, IN THE AMOUNT OF $54,280 (PROJECT NO. 932-12)
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: February 23, 2012
CONTENTS: Agreement
Payment Bond
Performance Bond
Proposal
Recommendation
By Minute Motion, City Council and the Housing Authority Board:
Award Contract Number C31410 for the Citywide Tree Pruning Program to
West Coast Arborists of Anaheim, California, in the total amount of $54,280
(City $39,600 and Housing Authority $14,680);
2. Authorize the Director of Finance to set aside an additional 10% contingency
in the total amount of $5,428 (City $3,960 and Housing Authority $1,468); 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 2011-12 Housing
Authority operating budget.
Commission Recommendation
The Housing Commission reviewed the recommendation at its regular meeting of February 8,
2012. Staff will provide a verbal report upon request.
Staff Report
Award Contract No
February 23, 2012
Page 2 of 2
Background
C31410 to West Coast Arborists
Contract No. C31410
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 Wednesday, February 1, 2012, at 2:00 p.m., sealed bids were opened and read aloud,
with the following bids received:
Contractor
Location
Price
West Coast Arborists
Anaheim, CA
$54,280.00
Tree Rite
Bermuda Dunes, CA
$55,100.15
Tree Elements, Inc.
Yorba Linda, CA
$69,749.80
Trimming Land Co., Inc.
South Gate, CA
$82,675.00
El Camino Tree Care
Vista, CA
$88,760.00
Desert View Tree Service
Palm Desert, CA
$114,620.00
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 2011-12 Housing
Authority operating budget.
Prepared by:
Knight�,L`�riscape Manager Mark Gr
�// Director
an M. Moore, Director of Housing
CITY C'
APPRO'
ul Gibson, Director of Finance
i M. Wohlmuth
Manager/Executive Director
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VERIFIED BY:
Original on File with City
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Office
C31410
CITY OF PALM DESERT
CITYWIDE TREE PRUNING PROGRAM
PROJECT 932-12
CONTRACT NO. C31410
AGREEMENT
THIS AGREEMENT is made and entered into in the City of Palm Desert on this 23rd
day of February 2012, by and between THE CITY OF PALM DESERT, a municipal
corporation, hereinafter referred to as "City," and West Coast Arborist, Inc., herein
referred to as "Contractor."
WIT NESSETH:
WHEREAS, on January 4, 2012, 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 the date of execution of this
instrument through July 31, 2012 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 Four Thousand Two Hundred Eighty dollars ($54,280.00) 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 Redevelopment
Agency, 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,
Page 1 of 5
C31410
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,
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 Redevelopment Agency, 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. 1 ; 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
Page 2 of 5
C31410
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.
(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:
West Coast Arborists, Inc
2200 E. Via Burton Street
Anaheim, CA 92806
(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.
Page 3 of 5
C31410
(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:
Printed name
Signature (to be notarized on form provided)
FOR CITY BY:
ROBERT A. SPIEGEL
MAYOR
Palm Desert, California
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
Title:
ATTEST:
RACHELLE D. KLASSEN
CITY CLERK
Palm Desert, California
DAVID J. ERWIN
CITY ATTORNEY
Page 4 of 5
C31410
CONTRACTOR 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
CITY NOTARY ACKNOWLEDGMENT
State of California }
)SS
County of Riverside }
(Seal)
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)
Page 5 of 5
C31410
CITY OF PALM DESERT
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO. 932-12
CONTRACT NO. C31410
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 Arborist, Inc. (hereinafter designated as "Contractor"), an
agreement dated described as follows: CITYWIDE TREE
PRUNING PROGRAM, PROJECT NO. 932-12, CONTRACT NO. C31410 (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
Four Thousand Two Hundred Eighty Dollars ($54,280), 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.
C31410
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
, 2012.
PRINCIPAL/Contractor:
(Typed Name of Contractor)
By:
(Signature)
(Typed Name and Title)
The rate of premium on this bond is $
The total amount of premium charged: $
(the above must be filled in by corporate surety).
SURETY:
(Typed Name of Surety)
iM
day of
(Signature of Attorney -in -Fact)
(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)
C31410
CITY OF PALM DESERT
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO. 932-12
CONTRACT NO. C31410
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded
to West Coast Arborist, Inc hereinafter designated as "Principal", a
contract for:
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO.932-12
CONTRACT NO. C31410
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 Four Thousand
Two Hundred Eighty_ Dollars ($54,280), 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, the Agency, the
Authority and their respective officials, officers, employees, representatives 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.
C31410
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 , 2012.
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
Tree Care, Professionals Serving Communities 117io Care About Trees
January 31, 2012
City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
RE: 2012 CITYWIDE TREE PRUNING, PROJECT NO. 932-12, CONTRACT NO. C31410
Due: Wednesday, January 31, 2012 at 2:00 p.m.
To Whom It May Concern,
www.WCAINC.com
Thank you for allowing West Coast Arborists, Inc. (WCA) the opportunity to submit a proposal for the
Tree Pruning Services Project for the City of Palm Desert. WCA is a family -owned and operated company
employing nearly 600 full-time employees providing various tasks to achieve one goal: serving
communities who care about trees. As a provider of tree care services we understand that trees are an
integral part of the City's culture and community. We have reviewed, understand, and agree to the
terms and conditions described in this NIB. We also hereby acknowledge that we meet the minimum
requirements and responded to each of these requirements to the best of our ability.
WCA has a 39-year track record of working for more than 200 California municipalities and various public
agencies. Our company has been in business since 1972 and is licensed by the California State
Contractors License Board under license #366764. We have held this license in good standing since
1978. 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 50 ISA Certified Arborists, and
over 100 Certified Tree workers, as recognized by the Western Chapter of the International Society of
Arboriculture.
Our employees operate from one of our seven California offices: Anaheim, Riverside, San Diego,
Ventura, Fresno, San Jose, and Stockton. WCA is a California Corporation and is comprised of a top
management team, a management committee and a safety committee. Staff members have diverse
educational backgrounds including accounting, business administration, engineering and forestry. Should
we be awarded this project, we shall use full-time, in-house employees; no subcontractors will be used.
In the event of an Emergency please call (866) LIMBDOWN(546-2369). A representative will be available
24 hours a day, 7 days a week.
WCA's corporate values include listening to customers and employees that will help to improve services
offered. By establishing clear goals and expectations for the organization, supporting its diverse teams,
and exchanging frequent feedback from customers and employees. WCA's top management team has
created a culture where employees become accountable for actions and results.
Should you have any questions or require additional information, please do not hesitate to call me at
(800)521-3714.
Sincerely,
Victor M. Gonzalez
Vice-President/Marketing
CONTRACTOR'S PROPOSAL SUBMISSION FORM
CITY OF PALM DESERT
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO.932-12
CONTRACT NO. C31410
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
SUBTOTAL for HOUSING Tree Prun
TOTAL FOR ALL TREE PRUNING
990 1$40.00 $ 39,600.00
367 $40.00 $14,680.00
1,357 x.MM- , j $ 54,280.00
TOTAL FOR ALL TREE PRUNING IN WORDS:
-Fifty-Four Thousand Two Hundred Eighty-
- No - _ Dollars and
Cents
Undersigned hereby acknowledges receipt of the number of
Addendums circled (you MUST circle a number) 0 Cl 1 2 3
Company:
WEST COAST ARBORISTS, INC.
Address:
2200 E. Via Burton Street, Anaheim, CA 92806
Telephone:
800/521-3714
Bid Prepared By:
Margaret Pimentel
Title:
r, Marketing Assistant r
Signature:
Fax. 714/956-3745
Date:
1/31/12
SECTION 1 - Ob` TRAL. DOCUMENTS page 8
760-341-7098
01:26:32 p.m. 01-27-2012 1 /2
CITY OF PALM DESERT
RIVERSIDE COUNTY
CALIFORNIA
ADDENDUM NO. 9
FOR
CONTRACT NO. C314j0
PROJECT NO.932-12
CITYWIDE TREE PRUNING
73-510 Fred Waring Drive
Pala► Desert, Ca 92260
ISSUED JANUARY 27, 2012 '
750-341-7098
01:26:49 p.m. 01-27-2012 212
2012 CITYWIDE TREE PRUNING
PROJECT NO.932-12
CONTRACT NO. C31410
ADDENDUM NO. 1
This addendum responds to written questions submitted by January 25, 2012 at 2!00 PM.
Question: What company currently has this contract?
Answer: This information may be obtained via a public records request to the City Clerk of
the City of Palm Desert.
Question: Can I get a copy of the current contract including pricing?
Answer: This information may be obtained via a public records request. to the City Clerk of
the City of Palm Desert,
Question: What is the City current trim cycle?
Answer. The City prunes on a one-year or three-year schedule, depending on the tree species.
Question: How are the trees in this contract identified for trimming?
Answer: The trees to be pruned are identified on a map.
Question: Is there a fee from the City for any necessary road or lane closure permits?
Answer. Please refer to the contract specifications.
Question: Does the line clearance prevailing wage rate suffice for the prevailing wage
requirement?
Answer: Please refer to the contract specifications.
CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED
CITY OF PALM DESERT
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO.932-12
CONTRACT NO. C31410
INFORMATION REQUIRED OF BIDDER
In supplying the following information, additional sheets may be attached if needed.
Check if additional sheets are attached: ❑
Check if additional sheets are not attached: ❑
(1) Company Name and Address 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/Secretary
Richard Mahoney Vice-President/Asst. Secretary
Rose Epperson Treasurer
(7) Number of years experience as a tree pruning contractor 39
(8) Number of years experience with municipal tree contracts 39
(9) Name of the I.S.A certified field supervisor who will be supervising this work:
Ernesto J. Macias
(10) His/her I.S.A. Certified Arborist Number#WE7120-AU Exp. Date12/31/2013
(11) Number of ISA Certified Tree Workers with the organization 118
SECTION 1 — CONTRACT DOCUMENTS page 9
CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED
CITY OF PALM DESERT
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO. 932-12
CONTRACT NO. C31410
(12) List at least three similar projects completed within the last five years (two must
involve pruning desert palette trees):
Contract Class of Date
Amount Work Completed
1 $ 200,000.00 Tree Trimming
and Removals 2005 to Present
2. $ 70,000.00 Tree Trimming 2006 to Present
Tree
Name, Address & Telephone
Number of OWNER
City of Indio
Paul Stalma - 760/342-6560
83-101 Avenue 45, Indio, CA 92201
City of Rancho Mirage
Bill Oooenheim - 760/343-0561 ext. 521
69-89.5 Hwy 111 Rancho Mirage CA 92270
3. $100,000.00 Maintenance 2004 to Present City of Redlands
Rick Cross - 909/798-7655
P.O. Box 3005, Redlands, CA 92373-1505
(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.932-12
CONTRACT NO. C31410
(14) List the name of the person who inspected the site of the proposed work for your
firm Ernesto J. Macias
(15) CONTRACTOR hereby swears under penalty of perjury that the information
provided is trVWamrcorrect.
— / _Title: President
SiggaturPatrick Ma oney 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.932-12 CONTRACT NO. C31410
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
of _ President , 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 to relative thereto, or paid, and will not pay, any fee to any
corporation, p ership, pany, association, organization, bid depository, or to any member
or agent th e f 1-fec to , collusive or sham bid.
By: 1\1 ) v President
Signature (CONTRACTOR) Title (CONTRACTOR)
Jurat Certificate
State of California )
County of Orange )
Subscribed and sworn to (or affirmed) before me on this 31 St day of
January (month), 2012 (year), by Patrick Mahoney
proved to me on the basis of atisfac ory/evidence to be the person(s) who appeared before me.
Signature of Notary f • V '11 (Seal of Not
Victor M. Gonz I)
VICTOR M. GONZALEZ
Commission #� 1919509
Notary Public - California
orange County
M Comm. Ex Tres Jan 27. 2011
SECTION 1 — CONTRACT DOCUMENTS page 12
CONTRACTOR'S PROPOSAL SUBMISSION FORM - CONTINUED
CITY OF PALM DESERT
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO. 932-12
CONTRACT NO. C31410
BID BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, WEST COAST ARBORISTS INC.
and CONTRACTORS BONDING AND INSURANCE COMPANY as principal,
firmly bound unto the City of Palm Desert in the sum of $107as surety, are oheld and
to be paid to the said Owner or its certain attorney, its successorsndBID -AMT.(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 trees as
described herein and as detailed in the Contract Documents and all appurtenant work
as required by the specifications and appendices, and dated
the City of Palm Desert, and if the above bounden principal WEST COAST ARBOR eptSd 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 31st
of JANUARY 2012. day
Contractor's Name: WEST
Contractor's Signature:
Title: PRESIDENT
, INC.
PATRICK MAHONEY
Address: 2200 E. VIA BURTON STREET, ANAHEIM, CA 92806
Telephone: 714/991-1900
Surety's
Surety's Signature:
MICHAEL D. STOIC(
BONDINGgAND INSURANCE COMPANY
- . r-0 _a
ATTORNEY —IN —FACT
Address: 111 PACIFICA, SUITE 350, IRVINE, CA 92618
Telephone: (949) 341-9110
SECTION 1 — CONTRACT DOCUMENTS Page 14
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
Orange
On 01/31/12 before me, _Victor M. Gonzalez, Notary Public
Date Here Insert Name and Title of the Officer '
personally appeared Patrick Mahoney
Name(s) of Signer(s)
VICTOR M. GONZALEZ
Commission # 1919509
Z `N Notary Public - California z
Z '' Orange County
My Comm. Expires Jan 27, 2015
who proved to me on the basis of satisfactory evidence to
be the personae) whose nameo�subscribed to the
within instrument and acknowledged to me that
t o &they executed the same i hi .Wtheir authorized
capacity(i96), and that b hi hedir& signatureo on the
instrument the personA, or the entity upon behalf of
which the personK) 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 hanand official seal.
Signature
lc, r 6__.
Place Notary Seal Above Signature of No Pu
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the 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 31, 2012
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Patrick Mahoney
❑ Individual
Z 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.
Number of Pages:
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.
RIGHT THUMBPRINT
OF SIGNER
of thumb here=
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NafionaiNotary.org Item A5907 Reader: Call Toli-Free 1-800-876.6827
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of RIVERSIDE
On `�% _ 4� before me, R. NAPPI "NOTARY PUBLIC"
(Here insert name and title of the officer)
personally appeared MICHAEL D. STONG
who proved to me on the basis of satisfactory evidence to be the persoRWwhose name(( is/are• subscribed to
the within instrument and acknowledged to me that he/sly executed the same in his/!IierMteir authorized
capacity{. c4 and that by hisAgd 4w4c signatureKon the instrument the personX, or the entity upon behalf of
which the person(oacted, 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 m hand and official seal. w R. NAPPI
Y _ COMM. #1796916
i ¢ NOTARY PUKiC -CALIFORNIA 91,
/(( ��t �• My Comm. Expires Jtwe 7.2012
Signature of Notary Public RNERSIM COUNTY
(Notary Seal)
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 exacrly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to slat document. The only exception is if a
document is to be recorded outside of California, in such instances, any alternative
acknorrledgmem verbiage as may be printed on such a document so hung as the
verbiage does nor require the notary to do something dat is illegal for a notary in
California 0.e. cert6ing the aalhori_ed capacity of the signer). Please check the
document carefulb-for proper notarial wording and attach this form )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 be 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 now as it appears within his or her
commission followed by a comma and then your title (rotary public).
• Print the name(s) of document signet(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e
he/she/the± is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of documtent recording.
• The notary 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 much the signature on rile 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.
I- Indicate title or type ofattached document, number ofpages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
.Iuutt version C.'AYA v 12.10.07 800-873-9865 »ww.Notaryclasses.eom
Contractors Bonding and Insurance Company
1213 Valley Street
an All eomp�ny
P.O. Box 9271
Seattle, WA 98109-0271
Know All Men by These Presents:
POWER OF ATTORNEY
Contractors Bonding and Insurance Company
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That Contractors Bonding and Insurance Company, a Washington corporation, does hereby make, constitute and appoint:
Jeremy Pendergast Rosemary Nanni Michael D. Stong jointly or severally
in the City of Riverside , State of California its true and lawful Agent and Attorney in Fact, with full
power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described
bond.
Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00/100
Dollars ( $10,000,000.00 ) for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had
been executed and acknowledged by the regularly elected officers of this Company.
The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution
adopted by the Board of Directors of Contractors Bonding and Insurance Company, and now in force to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the
corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by
such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant
Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or
undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies,
undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate
seal may be printed by facsimile or other electronic image."
IN WI INhSS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice
President with its corporate seal affixed this 1 lth day of July 2011
.����pG AND
`�. 00• .
GOPPo R4D�'. A
==o: SEAL �!
State of Washington ' °•
1979
County of King I
SS %p„y4SHINGtO,,��`�`
On this 1 lth day of July 2011
before me, a Notary Public, personally appeared Roy C. Die , who
being by me duly sworn, acknowledged that he signed the above Power of
Attorney as the aforesaid officer of the Contractors Bonding and
Insurance Company and acknowledged said instrument to be the voluntary
act and deed of said corporation.
low -
Joseph B. ller Notary Public
Notary Public
State of wasblemon
JOSEPH B. MULLER
COMMISSION EXPIRES
March 29, 2012
EYm
2---------
Contractors Bonding and Insurance Company
_Z�
Roy C. Die _.., Vice President
CERTIFICATE
I, the undersigned officer of Contractors Bonding and Insurance
Company, a stock corporation of the State of Washington, do hereby
certify that the attached Power of Attorney is in full force and effect
and is irrevocable; and furthermore, that the Resolution of the
Company as set forth in the Power of Attorney, is now in force. In
testimony whereof, I have hereunto set my hand and the seal of the
t�rr
Conactors Bonding and Insurance Company this „=}'. , day
Of ..JU111Wri-121;1
Contractors Bonding and Insurance Company
Roy C. Die Vice President
0475572032912 A0059511
Tree Care Professionals Serving Communities Who Care About Trees
www.WCAINC.com
State Of California
a C�JNTRA+CTORS STATE LICENSE BOARD
CACTIVE LICENSE
Affairs
r+ n •
l cewwNurrkw 66764 Erb
ry CORP
5 ,3rrk, WEST COAST ARBORISTS INC
classanCAMNs, C61 /D49 C27
Exproban CoW 12131 /2 012 www.csIb.ca.gov
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Certificate of Insurance
THIS CERTIFICATE 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
[WEST COAST ARBORISTS, INC
2200 EAST VIA BURTON NAME AND Libe
ADDRESS r�
OFINSURED mutuile
ANAHEIM CA 92806 ,��
is, at the issue date of this certificate, insured by the Company tinder the policy(ics) listed below. The insurance afforded by the listed policy(ics) is subject to all their terms, exclusions and
Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may he iacued
TYPE OF POLICY
EXP DATE
❑ CONTINUOUS
❑ EXTENDED
POLICY NUMBER
LIMIT OF LIABILITY
21 POLICY TERM
WORKERS
COMPENSATION
STATUTORY
7/1 /2012
WA2-66D-039499-071
COVERAGE AFFORDED UNDER WC
LAW OF THE FOLLOWING STATES:
CA
EMPLOYERS LIABILITY
Bod.1 Iu
yn 1ry byAccident
00 OOOt ach Accident
Bodily Injury By Disease
$1 000 000
Bodily Injury By Disease
1000000 Ea
COMMERCIAL
GENERAL LIABILITY
10 OCCURRENCE
7/1 /2012
TB2-661-039499-011
General Aggregate
2 000 000
Products / Completed Operations Aggregate
❑ CLAIMS MADE
000 000
Each Occurrence
Occurrence2
RETRO DATE
1 000 000
Personal & Advertising Injury
$1 000 000 Per Person / Organization
GPhE DAMAGES $100,000 rtWEDICAL PAYMENTS $5,000
AUTOMOBILE
LIABILITY
7/1 /2012
AS7-661-039499-031
Each Accident —Single Limit
$1,000,000 B.I. And P.D. Combined
Each Person
OWNED
NON -OWNED
HIRED
Each Accident or Occurrence
Each Accident or Occurrence
OTHER
Umbrella Excess Liability
7/1/2011 7/1/2012
TH7-661-039499-041
$5,000,000 PER OCCURRENCE/AGGREGATE
ADDITIONAL COMMENTS
RE: Contract # C27440 - Citywide Tree Pruning Program 2008 Project # 932-08
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 CkLNCEL OR REDUCE THE
INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST JU DAYS NOTICE
OF SUCH CANCELLATION HAS BEEN MAILED TO:
Liberty Mutual
Insurance Group
(City of Palm Desert &4m.B� &r. U4,1 Elaine Ulan
s 73-510 Fred Waring Drive
v
L Palm Desert CA 92260-2578 J
Los Angeles / 0603 AUTHORIZED REPRESENTATIVE
818 W 7th Street, Suite 850 0564408
Los Angeles CA 90017 213-624-1171 6/15/2011
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 07-10
LDI COI 268896 02 11
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