HomeMy WebLinkAboutC32330 - 2013 Citywide Tree Pruning 932-13 Contract No. C32330
CITY OF PALM DESERT/PALM DESERT HOUSING AUTHORITY
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C32330 FOR THE 2013 CITYWIDE TREE
PRUNING PROGRAM TO WEST COAST ARBORISTS, INC., OF
ANAHEIM, CALIFORNIA, IN THE AMOUNT OF $100,045 (PROJECT
NO. 932-13)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
Janet M. Moore, Director of Housing
CONTRACTOR: West Coast Arborists, inc.
2200 E. Via Burton Street
Anaheim, CA 92806
DATE: January 24, 2013
CONTENTS: Agreement
Payment Bond
Performance Bond
Proposal
Recommendation
By Minute Motion, City Council and the Housing Authority Board:
1. Award Contract No. C32330 for the 2013 Citywide Tree Pruning Program to
West Coast Arborists, Inc., of Anaheim, California, in the total amount of
$100,045.00 (City $74,250.00 and Housing Authority $25,795.00);
2. Authorize the Director of Finance to set aside an additional 10 percent
contingency in the total amount of $10,004.50 (City $7,425.00 and Housing
Authority $2,579.50);
3. Appropriate a total of$28,374.50 ($25,795.00 contract amount and $2,579.50
contingency) to the respective Housing Authority accounts within the Fiscal
Year 2012-13 Housing Authority operating budget; and
4. 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, appropriate a total of $28,374.50 to the respective
Housing Authority accounts within the Fiscal Year 2012-13 Housing Authority operating budget.
Staff Report Contract No. C32330
Award Contract No. C32330 to
January 24, 2013
Page 2 of 2
Commission Recommendation
The Housing Commission reviewed the recommendation at its regular meeting of January 9,
2013. Staff will provide a verbal report upon request.
Backqround
The 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 Tuesday, January 8, 2013, at 2:00 p.m., sealed bids were opened and read aloud,
with the following bids received:
� �.�.� � T�� , � � " ": ��
� n � �` ,� � ` 3 .,� . _ $ �
West Coast Arbonsts, Inc. �� Anaheim, California $100,045.00 �
Reliable Tree Care Coachella, California $109,140.00
Staff has reviewed both bids and determined that Reliable Tree Care's bid was non-responsive
because the contractor did not provide sufficient reference information as required in the bid
documents. The proposal provided by West Coast Arborist meets all requirements and is the
low bidder.
Fiscal Analvsis
This is an on-going maintenance activity with no fiscal impact beyond the contract amount.
Prepared by: Dep Head:
H. Spenc r Kni , dsc pe Manager Mark Gr e wood, P.E.
�' CIT����v1v �C'.��C��(�N s
APPROVED DENTL�U
an . Moore, Director of Housing RECEIVED OTHER
MEETI G DATE �- � - �
�� AYES ?P✓' _ !f?%
aul Gibson, Director of Finance NOES: t G'�� .
ABSENT: �
Ap.pr�ov . ABSTAIN: -
� ^ VERIFIED BY: �-
' /�' �-- Original on File with City terk's Cl�ce
�_ ��
o M. Wohlmuth ,/
Ci Manager/Executive Director � ��'��� �'��' �-�;��,y,� „�s,,�,°�� 7-� ������`r
����.�`�-��?i�� .�_.., �....
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' Contract No. C32230
AGREEMENT
THIS AGREEMENT is made and entered into in the City of Palm Desert on this
24th day of January 2013, by and between THE CITY OF PALM
DESERT, a municipal corporation, hereinafter referred to as "City," and WEST COAST
ARBORISTS, INC., herein referred to as "Contractor."
WITNESSETH:
WHEREAS, on December 19, 2012, City invited bids for 2013 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 June 30, 2013 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 One Hundred Thousand Forty-five and no/100 dollars ($100,045.00) 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, liabilities or damages of whatsoever nature
Page 1
• Contract No. C32230
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. none ; General Terms and Conditions; Specific Terms and
Conditions; Extra Work Pricing Schedule; Exhibits; Bid Packet Attachments;
Change Orders; additional or supplemental specifications, drawing, maps or
diagrams; and City-issued forms relating to this project, are hereby incorporated
in and made a part of this Agreement.
Page 2
Contract No. C32230
(8) COMPLETE AGREEMENT This written Agreement, including all writings
specifically incorporated herein by this reference, shall constitute the complete
agreement between the parties hereto. No oral agreement, understanding, or
representation not reduced to writing and specifically incorporated herein shall be
of any force or effect, nor shall any such oral agreement, understanding, or
representation be binding upon the parties hereto.
(9) BINDING AGREEMENT This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns.
(10) CALIFORNIA LABOR CODE COMPLIANCE Execution of the Agreement by
the parties constitutes their agreement to abide by all applicable provisions of the
California Labor Code; constitutes CONTRACTOR's certification that he is aware
of the provisions of said Code and will comply with them; and further constitutes
CONTRACTOR's certification as follows:
"I am aware of the provisions of Section 3700 of the California Labor Code which
requires every employer to be insured against liability for workers' compensation
or to undertake self insurance in accordance with the provisions of that code, and
I will comply with such provisions before commencing the performance of the
work of this contract."
Further to the performance of the terms of this Agreement, Contractor agrees
that it will not engage in, nor permit such subcontractors as it may employ, to
engage in discrimination in employment of any person because of the age, race,
color, sex, national origin or ancestry, or religion of such persons. Violation of this
provision may result in the imposition of penalties referred to in Labor Code
Section 1735.
(11) AUDIT City shall have the option of inspecting and/or auditing all records and
other written material used by Contractor in preparing its statements to City as a
condition precedent to any payment to Contractor.
(12) NOTICE All written notices to the parties hereto shall be sent by United States
mail, postage prepaid by registered or certified mail, return receipt requested,
addressed as follows:
IF TO CITY: IF TO CONTRACTOR:
Office of the City Clerk West Coast Arborists, Inc.
CITY OF PALM DESERT 2200 E. Via Burton Street
73-510 Fred Waring Drive Anaheim, CA 92806
Palm Desert, CA 92260
Page 3
Contract No. C32230
(13) LITIGATION COSTS In the event an action is filed by either party to enforce any
rights or obligations under this Agreement, the prevailing party shall be entitled to
recover reasonable attorney's fees and costs, including the cost of consultants
and experts, in addition to any other relief granted by the court.
(14) AUTHORITY TO EXECUTE AGREEMENT Both City and Contractor do warrant
that each individual executing this Agreement on behalf of each party is a person
duly authorized.
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
CONTRACTOR:
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY:
BY: ATTEST BY:
Signature to be notarized
TITLE: Mayor of Palm Desert. CA TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
MARK GREENWOOD, P.E. DAVID J. ERWIN
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
Page 4
Contract No. C32230
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 (Seal)
CITY NOTARY ACKNOWLEDGMENT
State of California }
} SS
County of Riverside }
On , 20 , before me, , a
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Page 5
Contract No. C32230
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO. 932-13
CONTRACT NO. C32330
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded
to WEST COAST ARBORISTS, INC.,hereinafter designated as "Principal", a contract for:
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO. 932-13
CONTRACT NO. C32330
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, West Coast Arborists, Inc., the Principal, and
as Surety, are held and firmly bound unto the City of Palm Desert,
hereinafter called City, in the penal sum of One Hundred Thousand Forty-five and no/100
Dollars ($100,045.00), being 100% of the contract amount in lawful money of the United States
of America far 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.
Page 6
Contract No. C32230
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 , 2013.
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUlVIBER
Page 7
Contract No. C32230
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO. 932-13
CONTRACT NO. C32330
Payment Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee") has
awarded to WEST COAST ARBORISTS, INC., (hereinafter designated as "Contractor"), an
agreement dated January 24, 2013, described as follows: CITYWIDE TREE PRUNING
PROGRAM, PROJECT NO. 932-13, CONTRACT NO. C32330 (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, West Coast Arborists, Inc., the undersigned Contractor, as Principal,
and , a corporation organized and existing under the laws of the
State of , and duly authorized to transact business under the
laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert
and to any and all persons, companies or corporations entitled to file stop notices under Section
3181 of the California Civil Code, in the sum of One Hundred Thousand Forty-five and no/100
Dollars ($100,045.00), said sum being not less than one hundred percent (100%) of the total
amount payable by said Obligee under the terms of said Contract, for which payment well and
truly to be made, we bind ourselves, our heirs, executors and administrators, successors and
assigns,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs,
executors, administrators, successors or assigns, or subcontractors, shall fail to pay for any
materials, provisions or other supplies, implements, machinery or power used in, upon, for or
about the performance of the Public Work contracted to be done, or to pay any person for any
work or labor of any kind, or for bestowing skills or other necessary services thereon, or for
amounts due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of said Contractor and his or its subcontractors
pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and
labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any
amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal
Revenue Service from the wages of employees of Contractor or his or its Subcontractors, the
Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in
this bond, otherwise the above obligation shall be void. In addition to the provisions herein
above, it is agreed that this bond will inure to the benefit of any and all persons, companies and
corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a
right of action to them or their assigns in any suit brought upon this bond.
Page 8
Contract No. C32230
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 Specificat'ions accompanying the same shall in any way affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract or to the Specifications.
No final settlement between Obligee and Contractor hereunder shall abridge the right of any
beneficiary hereunder, whose claim may be unsatisfied.
Contractor and Surety agree that if Obligee is required to engage the services of an attorney in
connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees
incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
, 2013.
PRINCIPAL/Contractor: SURETY:
(Typed Name of Contractor) (Typed Name of Surety)
By: By.
(Signature) (Signature of Attorney-in-Fact)
(Typed Name and Title) (Typed Name of Attorney-in-Fact)
The rate of premium on this bond is $ per thousand.
The total amount of premium charged: $
(the above must be filled in by corporate surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from
the California lnsurance Commissioner authorizing them to write surety insurance defined in
Section 105 of the CaliforniaTnsurance Code, and if the work or project is financed, in whole or
in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most
current list (Circular 570 as amended).
Any claims under this bond may be addressed to:
(Name, Address and Telephone No. of Surety)
(Name, Address and Telephone No. of agent or representative for service of process in California
if different from above)
Page 9
CONTRACTOR'S PROPE)SAL SUBMISSION FORM
CITY C)F PALM DESERT
CITYWiDE TREE PRUNING PROGRAM
PROJECT NO. 932-13
CONTRACT NO. C32330
TU: CITY CLERK
C1TY OF PALM DESERT
73-510 FRED WARtNG �RIVE
PALM C?ESERT, CA 92260
The undersigned deciares that he/she has carefiully examined the Bid Terms and
Conditions, the General Terms and Cor►ditions, and the Specific Terms and Canditions
accompanying the Noti�e inviting Bids; that he/she is thoroughiy 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 herean includes all phases and types of work
described in the specifications.
The unit cost for all tree pruning work shall be indicated.
�^ �� � �C�UANTITYy µ N UNIT COST W� TOTAL COST
SUBTOTAL for CtTY Tree Pruning��� ��� �E350 $ 55.00 $74,250.00
�SUBTOTAL for HOUSING Tree Prunin 46S $ 55.00 $25,795.00
{�`E}�,3'T�.'." L `5�,+�v�d�'�9l{7S ���__
TOTAL FOR ALL TREE RRUNING 1,8't9 ���-��� �^��ti'����;a $100,045.00
__,_ ___�..._._____. ����_��.,.. _
TfJTAL FfJR ALL TREE PRUNING iN W4RDS:
One hund�ed#housand, fortv-frve
. Dollars and
zero Cents
Ilf�dersigned hereby acknawledges receipt af tl�e taumber of
Aclacndums circiecl {you MUST ci�•cte� ��u�nber) ` U 1 2 3
_�_ Comnany�______._...__
West Coast Arborists, Inc.
Address: __—�.�.�_
2200 E. Via Burton Street, Anaheim, CA 92806
Telephone: �g00) 521-3714 rn�� (714) 991-1027 �`� �V
—.......___ __.___..�.___..._._�___._.___..____.___ _._.._,__.
Bid Prepareci By:Amelia Menzel
Title: Marketing Assistant � � ������� �Y��� �
�.� .._.�—.._.____,._,......___ �:'__..__._.._.�_..___.. .__._..
Si�nat�n•e: ' `�`, j� Date: 01/07/12 — -
. _�_ .�-,.�—�=-. �� ___—__. ._.._._._._..�_.�___..
,-� ----�----
SECTf�N 1 -CC�NTRA�T D(�CUMENTS p�e g
CONTRACTOR'S PRQPOSAL SUBMISSION FORM -CONTINUED
CETY OF PALM DESERT
CITYWIpE TREE PRUNING PROGRAM
PR4JECT NO. 932-13
CONTRACT NO. G32330
INFORMATION REQUIRED OF BIDDER
In supplying the foflowing informafion, additional sheets may be attached if needed.
Check if additional sheets are attached: ❑
Check if additional sheets are not attached: �
(?) Company Name and A�ddress West Coast Arborists, Inc.
2200 E. Via Burton Street
Anaheim, CA 92806
(2) Telephone No. (800) 521-3714
(3) Type of Firm (Individual, Partnership or Carporation) r orati n
(4) Corparation organized under the laws of the State of California
(5) Contractor's License No. 366764 Exp. Date 12/31/2014
(6) List the names and addresses of all owners of the firm or names and titles of al1
officers of the corporation:
Patrick Mahoney 191 Cobblestone Ln., Anaheim, CA 92807
Richard Mahoney 565 Peralta Hills Dr., Anaheim, CA 92807
Rose Epperson 32622-B Success Vallev Dr. Porterville CA 93257
(7) Number of years experience as a tree prur�ing contractor 40 vears
(8) Number of years experience with municipal tree contracts�ears
(9) Name of the I.S.A certified �eld supervisor who will be supervising this work:
Anqel Rincon
(10) His/her I.S.A. Cet�ified Arborist Number WE-8710A Exp, Dafe�6/30/15
(11) Number of ISA Certified Tree Workers with the organizatian 110
SECTIQN 1 —CONTRACT D4CUMENTS page g
CONTRACTOR'S PROPOSAL SUBMlSSION FORM -CONTiNUED
CITY OF PALM DESERT
CITYWlDE TREE PRUNING PROGRAM
PROJECT NO. 932-13
CONTRACT NO. C32330
(12) List at least three simifar municipaf projec�s compfeted within the last five years
(two must involve pruning iow desert palette trees):
Contract Class of �ate Name, Address & Telephone
Amount Work Completed Number of OWNER
Tree trimming
�• $�200,400.00 �.nd removals ?_005 _ pr .sent Citv of Indio
83-101 Avenue 45. Indio CA 92201
Paul Stalma-(760)391-4042
2. $ 70,000.00 Tree trimming 2006- Present City of Rancho Mirage
69-825 Hwy 111 Rancho Mirage CA 92270
_Bill Oppenheim - (760)343-0561
Citywide tree 3/Ol/12-
3. $ 39,600.00 �in�_ 6/29/12 � of Palm D�se
73-510 �red Waring Dr, Palm Desert 92260
Diane Hollinger-(760) 346-0611
(13) Lis# the names and addresses of each subcontraetor who wil( perform work
related ta this contract and indicate what porEion of the wark will be done by each
subcontractor. (If more than one subcontractor, please check the box below and
fist ai� subcontractors on a separate sheet.}
❑ See Subcontra�tor List on S�parate Sheet
Subcontractor's Name: None to be used.
License Number:
Address:
Telephone:
Wark to be performed:
SECTION 1 —CONTR�CT DfJCUMENTS Page 10
CONTRACTOR'S PR�POSAL SUBMISSION FORM -CONTINUED
CITY OF PALM DESERT
CITYWIDE TREE RRUNING PROGRAM
PROJECT N4. 932-13
CONTRACT NO. C32330
(14} List the name of the person who inspected the site of the proposed work for your
firm Ernesto Macias, Area Manager
(15) CONTRACTOR hereby ears un r penalty of perjury that the inforrnation
provided is true and cdr�c�
� f,7 L� l
j.�/ /+�SJ
BY� �- � Title: President
Signature P�ck Mahoney �' Contractor
THIS AREA INTENTtONALLY LEFT BLANK
SECTION '! —COE�TRACT D4CUMENTS p� ��
CONTRACTOR'S PROPOSAL SUBMISSION FORM-COtdTINUED
ClTY OF PA�M DESERT CiTYWIDE TREE PRUNtNG PROGRAM
PROJECT A10.932-13 CONTRACT NO. C32330
AF'I�IDA��IT OF N4N-COI,LL'SIQN
'TO i3� I?,��CLJ'1'I+'.l? Bl' BIllI)I;R ANl) S[.JI3MI`.["�'�A V1fI`I'II BIll
STAT� OT'CALIT�'012P�iIA)
) SS
C'OUN'II' Al�IZ.IVTs;1tSII)L}
_ Patriek Mahoney , being fii;st ciuly swoi�, deposes and sa��s tl�at he/slte is
of West Coast Arborists, InC. , tiie party making tlie foregoin� i�ic�; tl�.at the bici is nat nx<ade in
Lhe inEerest of, or on bahatf of any undisclosed pcisc�n, �<�tinei:s3�ip, ec�mpany, <�ssociation,
org�nizztion, or coiporation; that ihe bid is ;enuine and neititier eollusive nor shaxzi; that the
bidder izas not diz•ectly or indireotl;��induced c�r solicii.ed arij�nther bidder Co put in a false or sh�m
bici And has not directly or indii�cctly colluded, co�zspired, connived, or agreed witli any Uidder or
anyone else to ��ut in a sliam bid, o�• th�t an}�one shall ref�•�in from bidding; fhat tl�e Uiddei• l�as
noi, in an�� m�mn�;r, directly or indirectl,y, sougltt l�y agn•eement, cosnmunieati�n, or oonferencc
with �an,yone to fia tl�e l�id price of the t�iddeE•or any other bidder, o�•t<> fi� any vverliead, pro:(it,
�r cost eIement of tSze Uid price, or of ihat of any otlici•bidder, oz•to secure �ny advantage against
the puEzlie bod}� awardinb the cnntr�et of a.nyonc intc�•ested in tlze proposed contract; that all
st�temenis containec� in tlic }�id Arc f��.te; and, fuither, thai the Uidder has not, directly ar
indireetly, sub�nit.ted Itis or Iic�• l�id price; or any breakdo�un f.hereof or the contents thc;x•c;oi; oz•
divulged infox�n�tion or ci�ta relative tliereto, or paid� �nd will not pa;�1, any fc;e tn any
aoi�poration, partne�s iip, company, associ�tion, org�niz�iion, bici ciepositor�f, or to any memUer
oi•agent t1ie�•eof to;e ec ate a collusive oY•slza�n Uid.
�' ;,``�
Bi�: ' � Patrick Mahoney, President
Signature( ".ONTRACTOR) Title(CONTRACTOR)
Jurat Certificate
State of Califarnia }
)
County vf Orange )
Subscribed t�nd swoin to{or affumed}before me on this .�1L. day of
J��ua� (month), 2013 (year),hy_Patrick Mahonev
prnved to me an the basis of satisfactoiy evidence Lo bc:the p��son(s)��+l�o Appeared before me. .
Si;nature of Nota1•y ��� '1 •l`-1 - Seal o �
. ( f Notai-�}
..��:
VICTOR M.GONZALEZ
Commission# 1919509
Z .`� , Notary Public-California D
Orange County
My C�o-mm.�x=es Jan 27,2015�
SECTICJN 1 —CONTRACT DOCUMENTS p� �2
CONTRACTOR'S PROP4SAL SUBMISSION FORM -CONTINUED
CITY OF PALM DESERT
ClTY1MDE TREE PRUNING PROGRAM
RROJECT NO. 932-13
CONTRACT NO. C32330
BID BOND
KNOW ALL MEN BY THESE PRESENTS;
That we, �ST COAST ARBORISTS, INC. as principal,
and CONTRACTORS BONDING AND INSURANCE COMPANY , as surety, are held and
firmly bound unto the City of Pa1m Desert in the sum of$lo� oF Bzn {10°� of bid),
to be paid to the said Owner or its certain aftomey, its successors and assigns; for
which payment, well and truly to be made, we bind ourseives, our heirs, executors and
administrators, successors or assigns, jointly and severaliy, firmly by these presents.
THE CONDITION OF THIS OBLIGATI�N !S 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 ir� the Contract Documents and all appurtenant work
as required by the specifications and appendices, and dated is accepted by
the City af Palm Desert, and if the above bounden principai wF:�T oa T RBORISTS_ INC.
shall duiy 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 obli�ation shall become null and void;
otherwise !t shall be and remain ln 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 conditians of this band, then a!I costs of said
proceeding, including attomey's fees, shall be awarded to the prevaifing party.
[f2e»zarnder of thrs perge has intentionallj�been left blanl�
Srgrtatxere b7ocks are contained un the neat prrge.)
S�CTION 1 —CQNTRACT Dt�CUMENTS P�e 13
iN WITNESS WHEREOF, We hereunto set our Hands and Seals this 2nd day
of JANUARY 2013.
,�
j �
�ontractor's Name: West Coast Arboris ', c
Contractor's Signature:
Title: Patrick Mahoney,President
Adtiress: 2200 E. Via Burton Street, Anaheim, CA 92806
Telephone: _ (800) 521-3714
Surety's Name: CONTRACTORS 0 G AND INSURANCE COMPANY
5urety's Signature: ��"�
T(#le: MICHAEL D. ST NG, ATTORNE -IN-FACT
Address: 111 PACIFICA, SUITE 350, IRVINE, CA 92618
Telephone: (949) 341-9110
SECTION 1 —CONTRACT DUCUMENTS page 14
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�s.��.r-e�-,�,�+.�:n�.u�*.s-�,�.��.,cc.�c��k�'�`�.��`�;''.�`,c��+.�r��=��f'.�..��'�"�'�S'�4:��'�.��.�s��
State of California
County of Orange
On Ol/07/12 before me, Victor M. Gonzalez,Notary Public
Date Here Insert Name and Title of Ihe Officer �
personaliy appeared Patrick Mahoney
Neme(s)oi Signer(s)
,
who proved to me on the basis of satisfactory evidence to
be the person�,a'J.whose name��.ar$subscribed to the
�thin instrument and acknowledged to me that
�,h�%+��4ia�ag.executed the same i hi4 f#�eix authorized
capacity�, and that b hi�eaK signature�s�'on the
instrument the person{a�,. or the entity upon behalf of
which the persora�l acted, executed the instrument.
VtCTOR M.GONZALEZ
'� Commission# 1919509 Z 1 certify uncter PENALTY OF PERJURY under the laws
Z ,��.: Notary Public-California D of the State of California that the fore oin ara ra h is
z �� � Orange County 9 9 p 9 P
My Comm.Expires Jan 27,2015 true and correct.
WITNESS my hand nd official seal.
�'f�., 'i, �14 �
Signature �
Place Notary Seal Above Signatura of Nota u
OPTIDNAL
Though the information below is not required by law,it may prove valuable to persons retying on the d ment
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: City of Palm Desert Citywide Tree Pruning Frogram-Bid Bond
Document Date: Ianuary 7,2013 Number of Pages:_ 4
Signer(s)Other Than Named Above: None
Capacity(ies)Claimed by Signer(s)
SignePs Name: Patrick Mahoney Signer's Name:
❑ Individual ❑ Individual
�x Corporate Officer-Title(s): President ❑Corporate Officer—Title(s):
❑ Partner—0 Limited 0 General ❑Partner—�Limited 0 Generai
❑ Attorney in Fact �. ❑Attorney in Fact �•�
❑ Trustee Top ot thumb here �Trustee ToP or in�mb n�e
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Wes�co�t Signer Is Represerrting:
Arborists,[na
'�'i..:.'��... . . . . . . , . _ , . . , _ ._
_,. .._ . __ ._ � _.. _. _ ._ ._.. _ ,. . . . , . . .
_. _. ._: . .. ... ..
A2007 Nationel N _ _. ,.. ... . _. . . ._ _
ulery Associafion•9350 De Sdo Ave..P.Q Bac 2402•Gtrets�arlh,CA 9131&2402•www.NaYataMlole�org Item N5807 fleardet:CaM TaM-Free t•800-87&6827
CALIFORNIA ALL-PURPOSE
CERTIFICAT'E OF ACKNpWLEDGMENT
State of California
County of RIVERSIDE
On ` ��t `� before me, R• NA�'PT "NOTARY PUBLIC"
,
(Here insert rmme nnd titic ofthe o�ccr)
personally appeared MICHAEL D. STONG
,
who proved to me on the basis of satisfactory evidence to be the person,(.�f whose name�is/are•subscribed to
the within instrument and acknowledged to me that he/s�keft�� executed the same in his/.�erfEi�etr authorized
capacity�it:s�ly and that by his/Ijer.ttl�r signature(s�on the instrument the person�or the entity upon behalf of
which the person�a'jacted,executed the instrument.
1 certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph
is true and correct.
� .�.. R. NAPPI
WITNESS my hand and official seal. � COMM.#1977782
,) � �T Rt1 ERSIDE CO�tqrftt�� �
, '�.�, _,�,�j� (Not S�I ��vse�a�vvva.+�s�ve.y e 7.ZO16
5i�noture of Notnry Public °�` �
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any ucknmrledgment completed in Callfornla n�ust comain rerbiage earect!}•as
D£SCRIPTI�N OF THE ATTACHED DOCUMENT appears vhove in ihe nalaq�secrion or a sepnrote arknrn��itdgment jorm musr be
prvperly cnmple�ed and ol�ached to tliat docun�em. The onlp exceptton �s if a
doc�ane���is ro be recortled oiitsfde of Colifarnia./n suth instances.orry akemntive
(Title or drscription of atwched document) aclmrnvlydgment verbiage as may 6e printed oro sucli a docuimn!so long as�he
verbiage does nol requlrr Ihe notary ro rio soniethrug Nmt ts 111tgal for a notaq�in
Calijarnia(i.e. cert�ng tl�e outboN ed capacrn�ajrhe signerJ. Plrase check rhe
(Tidc or dcscription of ettached document conlinued) dorrurrent carejully for pr�er iwloriaJ tyordisg a►ed apadi tl�is forpt tf requlred.
Number of Pages Document Qatt + Swte und Counry intormation must be the Smte nnd County where the clocumen�
signer(s)persunally appeered beforc the notnry pubtic for acktww)cdgmcnt.
• Date of notariantion must be tha dnte tlwt tha signeKs)personnlly nppetued which
mus�nlso be the same dete the acknowlMgment is compkkd.
(Additionol infortnntion) • The notary Pu61ic m►st print his or her name os it a
ppears within his or her
wmmission foflowed by n comma and then your title(notnry public).
• PriM the nume(s)of documeni si�mer{s)who personully appe�r nt the time of
nowrizntion.
CAPACITY CLAIMED BY THE SIGNER • Indicate thc correM singular or plural fortns by crossing ofl'incorrect torms{i.e.
❑ lTldlvidusl(S) fi�e/shd�hey,is/ere)or circling t}u correct forms.Fm'lurc to correetly indicute this
informatinn may Iend to rejectian of document recording.
❑ Corp01'ste Of�ICer . The notory seal impression must bn cleor and horo
p &rephically rcprod�ible.
lmpressinn must not cover text or lines.If seal impression smudges,re•seul if a
iT�tic) sufl'�cient aren peemiu,otherwise complcle a ditferenl acknowtedgment form.
❑ Partner(S) • Signuwre of the notary public must mntch the signature on file with the office of
❑ Attorney-in-Fact the county clerk.
•} Additiorwl informnlion is not rcquired but could hclp to ensurc ihis
❑ Trustee(s) acknowledgmcnt is not misused or nttoched 1n a diFteren!documcnt.
❑ Othe1' s� lndicole title or type of attachcd documcnt,numbet of pages and dnic.
�C Indiea�c the capacity c►nirtwd hy t}k signer.If the claimed capnciry is n
corporate o�crr,indicam Ihe title{i.e.CEO,CFO,Secrelary).
• Securely attach this document to the signed ciocument
2008 Version CAPA v13.10.07 80U-873-9865 u+ww.NolaryClasses.com
��,�� �°°�°`°�B°°d�g�d In�'°e C°mP�Y POWER OF ATTORNEY
3101 Westem Ave.,Suite 300
,��„�,,, Seattle,WA98121 Contractors Bonding and Insurance Company
Know All Men by These Presents:
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:
,T rernv Pendereast Rosema`ry Nauni Mi�hael D Stong joint or severally
in the City of River ide State of Cali ornia its hue and lawful Agent and Attomey in Fact,with full
power and authority hereby conferrad, to sign, execute, acknowledge and deli�,•er 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 hue 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 anthorize. The President, any Vice President, Secretary, any Assistant
Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shail 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 eorporate
seal may be printed by facsimile or other electronic image."
IN WITNESS WHEREOF,the Contractors Bonding and Insurance Company has caused these presents to be executed by its y,��g
i t with its corporate seal affixed this lst day of October 2012
.`���pG AND�,��.�
,�`'00�`,.••••�.,�.pq%,,, Contractors Bonding and Insurance Company
:a�:GoavoRqr :y"m=
;�; _.— F .�_ �--
=q� •O=
_�• SEAL :�� -
-� . ......�..
'_°'• 1979 '�� Roy C.Die '
State of Washington '�° •- •' Vice President
County of King � SS ',',���q��ASH�NCaS�a���`\�````
CERTIFICATE
On this 1 st day of October , 2012 , I, the undersigned o�cer of Contractors Bonding and Insurance
before me, a Notary Public, personally appeared Rov C. Die , who Company,a stock corporation af the State of Washington,do hereby
being by me duly sworn,acknowledged that he signed the above Power of certify that the attached Power of Attorney is in full force and effect
Attomey as the aforesaid officer of the Contractors Bonding and and is irrevocable; and furthermore, that the Resolution of the
Insurance Company and acknowledged said instrument to be the voluntary Company as set forth in the Power of Attomey, is now in fo e. In
act and deed of said corporation. testimony whereof, I have hereunto set my hand and the seal of the
Con actors BQn i�ng a��n Insurance Company this day
of 'g fU,,,�L�J..�
��`�- Contractors Bonding and Insurance Company
Joseph B. uller IVotary Public
Notary Public �,�,�.
State of Washington Roy C.Die Vice President
JOSEPH B.MULLER
MY COMMiSSION EXPIRES
March 29,2018 pq���ypgpg�p A0059511
-_ _--- -__. ---._ __ __.__ . ____ ___ ___
_ __ _____ __ ____ __--- -.__..
Tree Care Professionals.S`erving('o�ramunitres T�'ho Care 1lbout 7 rees www.WCAWC.com
St�te Of California
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�onsumer ACT�VE l.IC�N�E
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(.�censt+Ni.wnher ������ EMty
CCJRP
�s►,�, WEST +C�AST ARBC�RIST� INC
���M����, C�61/�49 C27
�����g 12/31/Z�D14 www.csib.ca.�ov
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