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 2of2
Commission Recommendation
The Housing Commission reviewed the recommendation at its regular meeting of January 9,
2013. Staff will provide a verbal report upon request.
Background
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:
West Coast Arborists,tl 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 Analysis
This is an on-going maintenance activity with no fiscal impact beyond the contract amount.
Prepared by: Dep. I - Head:
�rs/►�_ (
1 il f i ik
H.Spenc-r Kni:- dsc-pe Manager Mark Gr: - wood, P.E.
��� s
�' CITEi
' , , tfi 1 o APPROVED DENTED
an-- Moore, Director of Housing RECEIVED OTHER
'dii/A--------- MEETI G DATE (9r/- , 4�-.
AYES WU /2P , (�✓(�P✓', /1O/P/,
-aul Gibson, Director of Finance. NOES:
ABSENT: (- `
Apprrov ABSTAIN: "I L�l
VERIFIED BY: / J ! S
Original on File with Cityyerk's Office
o M. Wohlmuth
Ci Manager/Executive Director 441.____CLatBY i-i O y G AU ° 7 6Ole/416u'
3
Original � -1 fi: wAil City Clerk's Office
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 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.
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 NUMBER
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 Specifications accompanying the same shall in any way affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract or to the Specifications.
No final settlement between Obligee and Contractor hereunder shall abridge the right of any
beneficiary hereunder, whose claim may be unsatisfied.
Contractor and Surety agree that if Obligee is required to engage the services of an attorney in
connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees
incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
, 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 Insurance Commissioner authorizing them to write surety insurance defined in
Section 105 of the California Insurance Code, and if the work or project is financed, in whole or
in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most
current list (Circular 570 as amended).
Any claims under this bond may be addressed to:
(Name, Address and Telephone No. of Surety)
(Name, Address and Telephone No. of agent or representative for service of process in California
if different from above)
Page 9
CONTRACTOR'S PROPOSAL SUBMISSION FORM
CITY OF PALM DESERT
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO. 932-13
CONTRACT NO. C32330
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.
QUANTITY _ - UNIT COST TOTAL COST
SUBTOTAL for CITY Tree Pruning 1350 $ 55.00 $74,250.00
SUBTOTAL for HOUSING Tree Pruning 469 $ 55.00 $25,795.00
TOTAL FOR ALL TREE PRUNING 1,819 ' ,. I^;::u al::: $100,045.00
TOTAL FOR ALL TREE,PRUNING IN WORDS:
One hundred thousand, forty-five
•
Dollars and
zero Cents
Undersigned hereby acknowledges receipt of the number of
Addendums circled (you MUST circle a number) 0 1 2 3
Company:
West Coast Arborists, Inc.
Address:
2200 E. Via Burton Street, Anaheim, CA 92806
Telephone: (800) 521-3714 Fax: (714) 991-1027
Bid Prepared By:Amelia Menzel
Title: Marketing Assistant
'Signature: `, j Date: 01/07/12
SECTION 1 —CONTRACT DOCUMENTS Page 8
CONTRACTOR'S PROPOSAL SUBMISSION FORM -CONTINUED
CITY OF PALM DESERT
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO. 932-13
CONTRACT NO. C32330
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: C
(1) Company Name and Address 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 Corporation) Corporation
(4) Corporation 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 all
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 Valley Dr., Porterville, CA 93257
(7) Number of years experience as a tree pruning contractor 40 years
(8) Number of years experience with municipal tree contracts 40 years
(9) Name of the I.S.A certified field supervisor who will be supervising this work:
Angel Rincon
(10) His/her I.S.A. Certified Arborist Number WE-8710A Exp. Date 06/30/15
(11) Number of ISA Certified Tree Workers with the organization 110
SECTION 1 —CONTRACT DOCUMENTS Page 9
CONTRACTOR'S PROPOSAL SUBMISSION FORM -CONTINUED
CITY OF PALM DESERT
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO. 932-13
CONTRACT NO. C32330
(12) List at least three similar municipal projects completed within the last five years
(two must involve pruning low desert palette trees):
Contract Class of Date Name, Address & Telephone
Amount Work Completed Number of OWNER
Tree trimming
1. $$200,090.00 and removals 7005 - Present City 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 3/01/12-
3. $ 39,600.00 pruning 6/29/12 City of Palm Desert
73-510 Fred Waring Dr., Palm Desert 92260
Diane Hollinger-(760) 346-0611
(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.
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. 932-13
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 information
provided is true and cor e c
By: --/ `J Title: President
Signature P trick Mahoney Y 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.932-13 CONTRACT NO. C32330
AFFIDAVIT OF NON-COLLUSION
TO BE EXECUTED BY BIDDER AND SUBMI`[TED WITH BID
STATE OF CALIFORNIA)
) SS
COUNTY OF RIVERSIDE)
Patrick Mahoney , being first duly sworn, deposes and says that he/she is
of West Coast Arborists. Inc. , the party making the foregoing bid; that the bid is not made in
the interest of, or on behalf of any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and neither collusive nor sham; that the
bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has
not in any manner, directly or indirectly, sought by agreement, communication, or conference
with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit,
or cost element of the bid price, or of that of any other bidder, or to secure any advantage against
the public body awarding the contract of anyone interested in the proposed contract; that all
statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price, or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partners tip, company, association, organization, bid depository, or to any member
or agent thereof tote ec ate a collusive or sham bid.
By: _ Patrick Mahoney, President
Signature CONTRACTOR) Title(CONTRACTOR)
•
Jurat Certificate
State of California )
County of Orange )
Subscribed and sworn to(or affirmed)before me on this 7th day of
January (month), 2013 (year),by Patrick Mahoney
proved to me on the basis of satisfactory evidence to be the person(s)who appeared before me. .
Signature of Notary �(Lk& (Seal
of Notary)
•
VICTOR M.GONZALEZ
191950
Commission# 1919509
i Notary Public-California
Orange County
`�_ My Comm.Expires Jan 27_2015[
SECTION 1 —CONTRACT DOCUMENTS Page 12
CONTRACTOR'S PROPOSAL SUBMISSION FORM -CONTINUED
CITY OF PALM DESERT
CITYWIDE TREE PRUNING PROGRAM
PROJECT NO. 932-13
CONTRACT NO. C32330
BID BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, WEST COAST ARBORISTS, INC. as principal,
and CONTRACTORS BONDING AND INSURANCE COMPANY , as surety, are held and
firmly bound unto the City of Palm Desert in the sum of$10% OF BID (10% of bid),
to be paid to the said Owner or its certain attorney, its successors and assigns; for
which payment, well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the
above bounden principal to perform certain work described as follows:
The general items of 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 is accepted by
the City of Palm Desert, and if the above bounden principal WEST COAST ARBORISTS. INC.
shall duly enter into and execute a contract for such construction, and
shall execute and deliver the Performance Bond and Payment Bond and insurance
certificates as required by said contract, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
Should it become necessary for the City to institute a lawsuit, or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attomey's fees, shall be awarded to the prevailing party.
[Remainder of this page has intentionally been left blank
Signature blocks are contained on the next page.]
SECTION 1 —CONTRACT DOCUMENTS Page 13
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 2nd day
of JANUARY 2013.
Contractor's Name: West Coast Arbofis , c
Contractor's Signature:
Title: Patrick Mahoney,President
Address: 2200 E. Via Burton Street, Anaheim, CA 92806
Telephone: (800) 521-3714
Surety's Name: CONTRACTORS 0 G AND INSURANCE COMPANY
Surety's Signature:
Title: MICHAEL D. ST NG, ATTORNE -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 01/07/12 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)
who proved to me on the basis of satisfactory evidence to
be the personfoil.whose name046414 subscribed to the
within instrument and acknowledged to me that
C'heiateiths¢executed the same i hi4 /theft=authorized
capacity, and that b hi t eli signature($-on the
instrument the person$ or the entity upon behalf of
which the personal acted, executed the instrument.
VICTOR M.GONZALEZ
Commission 1919509
a F NNotary Public-#California z I certify under PENALTY OF PERJURY under the laws
z Orange County of the State of California that the foregoing paragraph is
mm.Ex fires Jan 27,2015 true and correct.
WITNESS my hand Ind official seal.
Signature L (,\, ,,i''4,,.___.Place Notary Seal Above Signature of Notaru d
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying 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 Program-Bid Bond
Document Date: January 7,2013 Number of Pages:_ 4
Signer(s)Other Than Named Above: None
Capacity(ies)Claimed by Signer(s)
Signer's Name: Patrick Mahoney Signer's Name:
❑ Individual ❑ Individual
❑x Corporate Officer—Title(s): President 0 Corporate Officer—Title(s):
❑ Partner—❑ Limited 0 General 0 Partner—❑Limited❑General
RIGHT THUMBPRINT RIGHTTHUMSPRINT
❑ Attorney in Fact OF SIGNER 0 Attorney in Fact OF SIGNER
❑ Trustee Top of thumb here El Trustee Top of thumb here
❑ Guardian or Conservator 0 Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: West Coast Signer Is Representing:
Arbonsts,Inc.
WW A,' N A!.N'ter w'6r 6' 'G! 4,w•' ,:a"'A 0W^`!/'t.,M`4,'dLw .H'b''M'W.W w4 ,A.,'d 6' 6"4>'b`6/'6,'d/ `6+—'
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402*Chatsworth,CA 91313-2402•www.NatlaialNotar$torg Item#5907 Reader:Call Toll-Free 1.800-878-6827
e
CALIFORNIA ALL—PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of RIVERSIDE
•
On ` d-—t 5 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 person,(.gf whose name(ifis/are•subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacityt(ies),and that by his/herttheir signature(s)"on the instrument the person,or the entity upon behalf of
which the person 4'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. a
9 '�''' ' R. NAPPI _ -
WITNESS my hand and official seal. A COMM.#1977782
vS..Z'=.4,� NOTARY PUBLIC-CALIFORNIA Co
�'' * RIVERSIDE COUNTY
/� ., 9 1
- (Not S�tl - -y MY Ctttttm Expires June 7,ZO16
a Signature of Notary Public (Notary ) - a
•
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California.In such instances.any alternative
(Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California(i.e. certifying the authorized capacity of the signer). Please check the
(Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required
• Number of Pages Document Date • 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.
(Additional information) • The notary public must print his or her name as it ap
pears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s)of document signer(s)who personally appear at the time of
notarization.
t CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
❑ Individual(s) he/she/they,is/are)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and hoto p graphically reproducible.
impression must not cover text or lines.If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
❑ Attorney-in-Fact the county clerk.
•} Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other + Indicate title or type of attached document,number of pages and date.
t 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
2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com
•
chic Contractors Bonding and Insurance Company POWER OF ATTORNEY
Seat Western Ave.,Suite 300
an wu Cswpiny 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:
Jeremy Pendergast.Rosemary Nappi.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 WITNESS WHEREOF,the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice
President with its corporate seal affixed this 1st day of October , 2012 .
J`�t�tG AND,, '!,
.s.•,o.,•••••D..,°.pq%,,, Contractors Bonding and Insurance Company
7 K • •°-
_: SEAL ••2r
' °•• 1979 t= RoyC.Die
State of Washington ° • Vice President
County of King SS ',''',,, t'gsN NGso�`,,,`````
CERTIFICATE
On this 1st day of October , 2012 I, the undersigned officer of Contractors Bonding and Insurance
before me, a Notary Public, personally appeared Roy C. Die , who Company,a stock corporation of 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
Attorney 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 Attorney, 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
fon actors-BQn'inga ni 4 Insurance Company this , day
idn .-- Contractors Bonding and Insurance Company
Joseph B. uller Notary Public
i Notary Public i V ...A......
I State of Washington r Roy C.Die Vice President
JOSEPH B.MULLER i
' MY COMMISSION EXPIRES
March 29,2010
0475572032912 A0059511
•
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com
State Of California ,
s, CONTRACTORS STATE LICENSE BOARS r;4. 11911/4‘
4
Consumer aftwa ACTIVE LICENSE y
Affairs
366764 E
CORP
%Nam WEST COAST ARBORISTS INC
Cl ssikaboris, C61/049 C27
Ex�»ru4on Date 12/31/2 0 14 www.cslb.ca.gov
West Coast Arborists, Inc.
2200 E. Vio Eurtcn Street • Anaheim, CA 928C6 • T1 .991 .1 CC: • BCC. 2 ?? -. •