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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 DA AYES: L'//)tJ 7� NOES: Un ABSENT: ) -L ABSTAIN:Al" VERIFIED BY: Original on File with City • • .rk- r rthy, ACM forA/Housing DENIED —OTHER 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 E-1 U) u z cn H 1:4W 0 W PO � 01, E--4 cn 4 oHr4 U c) Q m H E--qmu) Cfl r- p f4H:D :R:mo p ctl i 0 cc LU z 0 z -1 0 U) C#) CD (A (j) U) w ui ui z z z U E-q z w HAW P� COE-4 p Ca Cl) H z P40W 0 E-4 o PQ 114 0c) f)4::)C,q r::4 (1)(A H F-- c ca ms cc (n .9 �-;, C:= cri 'o T) OC E (D 0" Ea. 0 Ic: CD C cu E a. o C: C Q) F.0 C13 ro t- zi 0 0 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 Ot Mb o� �I ap �I El C m N O i Z O O N O O •ice LM CyK CD 14 0 fi�'+i i•�+ii ii' � �•i �s�i'::, 1'++� ii i "•ai iai �`' ':' •�i%� i•:. '-� .rii:0::. i+ : i iii:' "% .; i.�. rh ���+�++���� +i14�� +��/�ai��+a��+•��ir •��ll,+i� 0����,'ij�, ��O'+i+D+���+ r�i441r +�I+++O+a���+ M�� +�IJ++iiO��+• �,,ii�� +�I+•J+aO+��+ �yis s�I•��++`a+��+ M.�;, G.•� )til4.u:. 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