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HomeMy WebLinkAboutC33200 - 2014 Citywide Tree Pruning 932-14 Contract No. C33200 CITY OF PALM DESERT/PALM DESERT HOUSING AUTHORITY STAFF REPORT REQUEST: DECLARE LIBERTY LANDSCAPING, INC., BID NON-RESPONSIVE AND AWARD CONTRACT NO. C33200 FOR THE 2014 CITYWIDE TREE PRUNING PROGRAM TO WEST COAST ARBORISTS, INC., OF GRAND TERRACE, CALIFORNIA, IN THE AMOUNT OF $106,392 (PROJECT NO. 932-14) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works Janet M. Moore, Director of Housing CONTRACTOR: West Coast Arborists, Inc. 21718 Walnut Avenue Grand Terrace, CA 92313 DATE: March 27, 2014 CONTENTS: Memo Justifying Bid Rejection Agreement Payment Bond Performance Bond Proposal Recommendation By Minute Motion, City Council and the Housing Authority Board: 1. Declare the bid received from Liberty Landscaping, Inc., as non- responsive; 2. Award Contract No. C33200 for the 2014 Citywide Tree Pruning Program to West Coast Arborists, Inc., of Grand Terrace, California, in the total amount of $106,392.00 (City $76,736.00 and Housing Authority $29,656.00); 3. Authorize the Director of Finance to set aside an additional 10 percent contingency in the total amount of $10,639.20 (City $7,673.60 and Housing Authority $2,965.60); 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- 4610-453-3371, 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 Fiscal Year 2013-14 and proposed 2014-15 Housing Authority operating budgets. Staff Report Award Contract No. C33200 to West Coast Arborists, Inc. March 27, 2014 Page 2 of 2 Commission Recommendation Due to the necessity of having to rebid this contract, the Housing Commission has not approved this award of contract. However, the Housing Commission was informed at their March 12, 2014, meeting that this contract award would be going to the City Council for approval at their March 27, 2014, meeting. The Housing Commission requested that a report of Council's action be brought to their April 9, 2014, meeting. 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 Monday, March 17, 2014, at 10:00 a.m., sealed bids were opened and read aloud with the following results: Contractor Location Price Liberty Landscaping, Inc. Riverside, California $78,595.00 West Coast Arborists, Inc. Grand Terrace, California $106,392.00 Staff has reviewed all bids and determined Liberty Landscaping's bid to be non-responsive. The contract specifications required the bidder to have completed three similar government projects within the last five years, with two of those projects including pruning low desert trees. The references provided by Liberty Landscaping did not meet these requirements. Therefore, staff recommends that Council award the contract for the 2014 Citywide Tree Pruning Program to West Coast Arborists, Inc. Fiscal Analysis This is an on-going maintenance activity with no fiscal im act beyond the contract amount. Pr pared by: Dep m nt ead: f— . pence Kni a pe Manager Mark Gr n ood, P. . Dire lic Works t13. j 0 F$ r Jan t M. Moore, Director of Hoesina S Gibson, Director of Finance - , : COUNCILA �E0\1. APPROVED DENTED_ .02 ' CEIVED OTHER `v'f CI S., ' " 'ATEcizez‘,..... c Jo A M. Wohlmuth YES:F' 2, Ci anager/Executive Direc4 ` OES: A 677(' o o ABSENT: ABSTAIN: CV VERIFIED BY:CV Original on File with City'O'lerk's Office ram, CITY OF PALM DESERT /tyP PUBLIC WORKS DEPARTMENT 4 ytS/ INTEROFFICE MEMORANDUM 70 To: Mark Greenwood, P.E., Director of Public Works From: Diane Hollinger, Landscape Specialist Date: March 18, 2014 Subject: Reject Liberty Landscaping Proposal as Non-responsive The 2014 annual tree pruning contract was originally put out for bid in January 2014 and we received four submittals. Liberty Landscaping, Inc., submitted the low bid. The language in the bid specs stated, "List at least three similar municipal projects completed within the last five years (two must involve pruning low desert palette trees)." In reviewing the bids, it was determined that Liberty's references did not meet the criteria set forth in the bid documents. Dave Erwin advised us that this made Liberty's bid non-responsive and that we should go to the next lowest bidder. The second and third lowest bidders also were deemed non-responsive for the same reason, and staff considered that the fourth bidder's cost was too high. The project was put back out to bid and bids were received and opened on March 17. Only two bids were received and Liberty Landscaping, Inc., was again the low bidder. However, their references did not meet the criteria set forth in the bid documents. The reference language in the re-bid contract documents was modified to include all government agencies rather than only stating municipal. This broadened the type of work that could be included in the references. The language now reads, "List at least three government projects similar scope and size, and completed within the last five years (two must be pruning of low desert trees)." In an effort to determine whether Liberty's references met the criteria, the references listed in their bid were contacted. Following is a summary of the reference checks: • Canterra Apartments — Staff spoke with Linda Esposito, Manager, and she gave Liberty Landscaping "five stars" for property maintenance. When asked specifically about their tree pruning activities at this property, she stated that any pruning required above 15 feet was outside of their contract responsibilities and that it is put out for bid. The trees on the Canterra property are a combination of palm, citrus, and hardwood. • City of Palm Desert — Liberty listed the City as a reference stating that they pruned our trees in 2010. However, our hardwood tree pruning contractor in 2010 was Tree Memo— Liberty Landscaping Non-Responsive March 18, 2014 Page 2 of 2 Rite. Liberty performed the palm tree pruning for the City in 2010, not the hardwood trees. • Mediterra Apartments — Staff spoke with Brandon Grosz, Resident Relations Manager, and he indicated that they were satisfied with the landscape maintenance performed by Liberty Landscaping. When asked about tree pruning, he stated that Liberty performs tree pruning on small trees, but if they needed the larger trees pruned they could probably have Liberty perform the work as an extra. In summary, Liberty Landscaping, Inc., did not meet the bid criteria for the following reasons: 1. Only one government reference was listed rather than three. 2. The government reference was for palm trees not hardwood trees. 3. The other two references listed were for landscape maintenance contracts with little or no tree work. Staff recommends awarding the project to West Coast Arborist, Inc., the only other bidder. Although West Coast Arborists' bid was greater than Liberty's, it is in line with our budget estimate and their bid is deemed responsive. If you have any questions or would like further information, please let me know. cc: H. Spencer Knight, Landscape Manager Randy Chavez, Senior Landscape Inspector AGREEMENT THIS AGREEMENT is made and entered into this 27th day of March, 2014, by and between City of Palm Desert, California, hereafter called "CITY" and West Coast Arborists, Inc., hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY Project, 1. 2014 CITYWIDE TREE PRUNING, PROJECT 932-14; CONTRACT C33200; in strict accordance with the Contract Documents identified below, CITY has accepted said Bid. 2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and found it to be correct, has ascertained that its Subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Bid to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Bid; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Specifications; (i) The Special Provisions; (j) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans and Exhibits; (I) Addenda Nos. 0; (m) The Determination of Prevailing Wage Rates for Public Works; (n) Any Change Orders issued; (o) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within 60 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. 3. Contractor agrees to indemnify, defend and save CITY and its officers, agents and employees, and the Engineer harmless from: a. Any and all liability, claims, damages, losses or injuries to any person or other entity, including injury to Contractor's employees, and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or which are caused or which are claimed to be caused by the negligent or intentional acts or omissions of Contractor, its subcontractors, its agents or employees, and, all expenses of investigating and defending against same, b. Any and all liability, claims, damages, losses or injuries to any and all contractors, subcontractors, material-men, laborers, or any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of the Agreement. c. Attention is directed to the General Specifications - Claims, Liability, and Indemnity Agreement/Hold Harmless sections, which specifications are made part of this Agreement as set forth in Agreement paragraph 1, above. d. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be $500 dollars per calendar day of delay. 4. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the CITY or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Bid as accepted by CITY, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. Satisfactory Performance: The prime Contractor agrees to pay each Subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime Contractor receives from City of Palm Desert. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. Release of Retention: The prime Contractor agrees further to release retention payments to each Subcontractor within 30 days after the Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. 7. 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 worker's 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." 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 CONTRACTOR ACKNOWLEDGMENT State of California ) ) SS. County of ) 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 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) A — 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 the "Principal", a contract for: 2014 CITYWIDE TREE PRUNING, PROJECT 932-14; CONTRACT C33200; 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 the City, in the penal sum of One Hundred Six Thousand Three Hundred Ninety-two and 00/100 Dollars ($106,392.00), 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, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the 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 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 attorneys' fees, shall be awarded to the prevailing party. Page A-1 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 , 20 . SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER State of California ) ) County of ) On before me, 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 A-2 B — 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 the "CONTRACTOR"), an agreement dated March 27, 2014, described as follows: 2014 CITYWIDE TREE PRUNING, PROJECT 932-14; CONTRACT C33200 , (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 9100 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 payment notices under Section 9100 of the California Civil Code, in the sum of One Hundred Six Thousand Three Hundred Ninety-two and 00/100 Dollars ($106,392.00), said sum being not less than one hundred percent (100%) of the total amount payable by the said Obligee under the terms of the 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 9100 et seq. 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 the 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 payment 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 3 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the 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 the Obligee and the CONTRACTOR hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. CONTRACTOR and Surety agree that if the 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 , 20 . 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). THIS IS A REQUIRED FORM. 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 4 Acknowledgment State of California ) County of ) On before me, 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 C - CONTRACTOR'S BID 2014 CITYWIDE TREE PRUNING PROJECT NO. 932-14 CONTRACT NO. C33200 TO: CITY OF PALM DESERT, "CITY" DATE: _ Friday, March 14, 2014 BIDDER: West Coast Arborists, Inc. "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, 2014 CITYWIDE TREE PRUNING, PROJECT 932-14; CONTRACT C33200; hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). N/A for the amount stated in this Bid. By submitting this Bid, CONTRACTOR agrees with CITY: 1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR before the time specified in the Notice Inviting Bids for the public opening of bids, this Bid constitutes an irrevocable offer for 60 calendar days after that date. 2. The CITY has the right to reject any or all Bids and to waive any irregularities or informalities contained in a Bid. 3. That the contract shall be awarded only by the governing body of CITY. Said contract shall only be deemed awarded after the CONTRACTOR'S complete submission of all contract documents, bonds, insurance documentation, and the CITY shall obtain all necessary signatures of the governing body, at which time the contract shall be deemed awarded. 4. To submit to CITY such information as CITY may require to determine the Bidder's financial standing experience and to perform the work. 5. That the accompanying certified or cashier's check or Bid Bond constitutes a guarantee that if awarded the contract, CONTRACTOR will execute the Agreement and deliver the required bonds and certificates of insurance within 10 days after notice of award. If CONTRACTOR fails to execute and deliver said documents, the check or bond is to be charged with the costs of the resultant damages to CITY, including but not limited to publication costs, the difference in money between the amount bid and the amount in excess of the bid which costs CITY to do or cause to be done the work involved, lease and rental costs, additional salaries and overhead, increased interest and costs of funding the project, attorney expense, additional engineering and architectural expense and Page C-1 cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. It is understood that the quantities shown hereon, except for those quantities marked "Lump Sum", are estimates and the final payment will be based upon the actual work performed, subject to such adjustment and alterations as elsewhere provided herein. 1 City Tree Pruning EA 968 $ 77.00 $74,536.00 2 City Tree Pollarding EA 11 $ 200.00 $ 2,200.00 3 Housing Authority Tree Pruning EA 328 $ 77.00 $ 25,256.00 Housing Authority Tree Crown EA 16 $ 275.00 $ 4,400.00 4 Reduction TOTAL BID PRICE $ 106,392.00 The costs of any work shown or required in the Exhibits and Specifications, but not specifically identified as a Pay Item are included in the related Pay Item(s), and no additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S compliance with the Plans and Specifications. TOTAL AMOUNT BASE BID IN FIGURES $ 106,392.00 TOTAL AMOUNT BASE BID IN WORDS One hundred six thousand dollars, three hundred ninety-two dollars and zero cents. THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY SIGNATURES TO FOLLOW Page C-2 IN WITNESS WHEREOF CONTRACTOR executed t is id as of d set forth on Page C-1: By: Signature Patrick Mahoney __- Title: President CONTRACTOR State of California ) County of Orange Subscribed and sworn to (or affirmed) before me on this 14th day of March (month), 2014 (year), by Patrick Mahoney, President , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary (Seal of Notary) 1 VICTOR M. GONZALEZ Commission # 1919509 z ,i Notary Public-California zz z ;a,_� z �- Orange County My Comm.Expires Jan 27.2015 Page C-3 D - INFORMATION REQUIRED OF BIDDER TO ACCOMPANY BID The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Company Name West Coast Arborists, Inc. (2) Address 21718 Walnut Avenue, Grand Terrace, CA 92313 (3) Telephone No. (800) 521-3714 (4) Type of Firm (Individual, Partnership or Corporation) Corporation (5) Corporation organized under the laws of the State of California (6) Contractor's License No. 366764 Exp. Date 12/31/14 (7) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: Patrick Mahoney, President 191 E. Cobblestone, Anaheim, CA 92807 Richard Mahoney, Assistant Secretary 565 E. Peralta Hills Dr., Anaheim, CA 92807 Rose Epperson, Treasurer 32622-B Success Valley Road, Porterville, CA 93257 (8) Number of years" experience as a tree pruning contractor. 41 years (9) Number of years' with government tree pruning contracts 41 years (10) Name of I.S.A. Certified Aboroist (ISACA) field supervisor overseeing this project: Martin Cortez,Area Supervisor WE-8539AU 12/31/14 Name: Manuel Perez,`Area Supervisor ISACA Number WE-0818A Exp.Date 06/30/15 (11) Number of ISA Certified Tree Workers with this organization. 110 THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK Page D-1 (12) List at least three government projects similar scope and size, and completed within the last five years (two must be pruning of low desert trees): Note: The City of Palm Desert may be used only once as reference for this section. Contract Amount Class of Work Date Completed Name, Address & __. Telephone No. of Owner 1.$200,000.00 Urban Forest 2005-Present City of Indio Management 83-101 AVenue 45, Indio, CA 92201 Services Paul Stalma-(760)391-4042 2.$160,000.00 Tree and Palm 2012-Present City of Coachella Pruning and 1515 Sixth St., Coachella, CA 92236 Removal Services Steve Salado-(760)578-7696 3.$100,045.00 Citywide Tree 1/24/13-6/30/13 City of Palm Desert Pruning 73-510 Fred Waring Drive Palm Desert,CA 92260 Diane Hollinger-(760)346-0611 (13) Pursuant to California Public Contracting Code, Section 4100 et. Seq., the following list gives the name business address, and portion of work (description of work to be done) for each subcontractor that will be used in the work if the bidder is awarded the Contract, (Additional supporting data may be attached to this page. Each page shall be sequentially numbered, and headed "Proposed Contractors"and shall be signed.) The Bidder shall list all subcontractors who will perform work or labor or render service to the prime contractor in excess of one- half of one percent of the prime's bid. Subcontractor's Name: None to be used. License Number: Business Address: Telephone: Work Description: Percent of Work: Subcontractor's Name: License Number: Business Address: Telephone: _--- Work Description: l jer ent of Wo k: West Coast Arborists, Inc. 1 Name of Bidder Signature of Bidder Page D-2 Patrick Mahoney, Presid:nt (14) List the name of the person who inspected the site of the proposed work for your firm _ Ernesto Macias, Area Manager (15) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the City. Contractor hereby swears u d r penalty of perjury that this information provided is true and correct. By: \Title: President Signature Patrick ahoney Contractor Page 0-3 E - NONCOLLUSION DECLARATION To be Executed by Bidder and Submitted with Bid The undersigned declares: I am the President of West Coast Arborists, Inc. , the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declarati9 is executed on Friday, March 14 , 2014, at Anaheim , Cal'ornia City k I State By: Signature Title: Patrick Mahoney, President CONTRACTOR Page E-1 F - BIDDER'S BOND To Accompany Bid 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 City 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 bid of the above bounden principal to perform certain work described as follows: 2014 CITYWIDE TREE PRUNING, PROJECT 932-14; CONTRACT C33200;. The general items of work to be done hereunder consist of pruning hardwood trees and dated MARCH 17, 2014 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] Page F-1 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 12th day Of MARCH 20 14 Contractor's Name: WEST COAST ARBO S, INC. Contractor's Signature: Title: PATRICK MAHONEY, PRESIDENT Address: 2200 E. VIA BURTON ST, ANAHEIM, CA 92806 Telephone: (714) 991-1900 Surety's Name: CONTRA TORS B ND A INSURANCE COMPANY Surety's Signature: Title: MICHAEL D. STONG ATTORNEY-IN-FACT Address: 111 PACIFICA, SUITE 350, IRVINE, CA 92618 Telephone: (949) 341-9110 Acknowledgment tate of California ) Cou of On before me, personally appear ��. , who prove. • me on the basis of satisfactory evidence to be •e person(s) whose name are subscribed to the within instrument and acknowledged • e that he/she/t - executed the same in his/her/their authorized capacity(ies), and that • his/h- eir signature(s) on the instrument the person(s), or the entity upon behal • which the person(s) acted, executed the instrument. I certify under PENALTY e PERJURY under the la, of the State of California that the foregoing paragra• . ' true and correct. WITNESS my hand • official seal. Signature (Se- ) Page F-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange Victor M. Gonzalez,Notary Public On 3/14/14---- ------ ---------- before me, ..._ —_------_ , Date Hero 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 person).whose nameAClare.subscribed to the within instrument and acknowledged to me that (i l h executed the s me ' hist ' authorized and that b i ' signatur on the r— ' apacity4i , instrument the persor4r or the entity upon behalf of which the persory(r)acted, executed the instrument. a G=+s Notary Public-California _�_ z •a. z `� ' ' Orange County D My Comm.Expires Jan 27,2015` I certify under PENALTY OF PERJURY under the laws " " " " " " " — — -—— — —` of the State of California that the foregoing paragraph is true and correct. WITNESS my han gd offi i.1 eal. u4 Signature__._____.________ ill Place Notary Seat Above Signature of OPTIONAL I� Though the information below is not required by law,it may prove valuable to persons relying on th: .ocument and could prevent fraudulent removal and reattachment of this form to another documen Description of Attached Document Title or Type of Document: City of Palm Desert Project No.932-14:Bid Bond Document Date: March 12,2014 Pages: 2 Number of 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—0 Limited 0 General RIGHT THUMBPRINT RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER El Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ----._._ ❑Other: .._.__-__.. Signer Is Representing:-West Coast Signer Is Representing: Arborists,Inc. csurxxorx GZ ?:501. LYS4`Y:A. CQ..i,, Cr i,c lv C z Z t vCK C 's•XXXXSGG Ze%C t 4 43T. S` LX..r4,`Y `c< 02007 National Notary Association•9350De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationatNotaryorg Item05907 Reorder:Call Toll-Free 1-800-876.6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On -3/l,111 ! before me, R. NAPPI "NOTARY PUBLIC" 111 (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.(af whose name("is/arc 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/hex/th&signature(8jon the instrument the person, %or the entity upon behalf of which the personffacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. R. NAPPI WITNESS my hand and official seal. ' COMM.#1977782 n -.")7ji rift,-gip NOTARY PUBLIC-CALIFORNIA-:. , �.�r RIVERSIDE COUNTY a� �' _ ' My Comm.Expires Jun.7,2016 Signature of Notary Public (Notary Seal) - - 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 otaside of California.In such instances,any alternative acknowledgment verbiage as may be printed on such a document so long as the (Title or description of attached document) verbiage does not require the notary to do something that is illegal for a notary in California (i.e. cert(ing the authorised 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 appears 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. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) heishel4he}-is lame)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 photographically 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 the county clerk. ❑ Attorney-in-Fact rr 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. 4. 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 e . 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com Contractors Bonding and Insurance Company C• ,�' 3101 Western Ave.,Suite 300 POWER OF ATTORNEY Seattle,WA 98121 Contractors Bonding and Insurance Company .n KJ 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 22nd day of March , 2013 . ,, WNGAND.pS,',,. ;�tr.. ,, ••• 94 ,. Contractors Bonding and Insurance Company e' R os 41. ..°m 6 F =i: SEAL t= State of Washington %`c°% 1979 • '`, County of King c' Roy C.Die Vice President } SS ,'''',,,,143NINGt0 S00 CERTIFICATE On this 22nd day of March , 2013 , 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 force. In act and deed of said corporation. testimony whereof, I have hereunto set my hand and the ea of the Contractors Blji►nding an Insurance Company this /A�, , day of NI Ct'tG{.'t..,a Qi v. , `"�''_- Contractors Bonding and Insurance Company Joseph B. uller Notary Public __—_Notary Public_- __1.0 i �..... I State of Washington ► RoyC.Die 4 JOSEPH B.MULLER i Vice President I MY COMMISSION EXPIRES i 4 March 29,2018 I0475572032912 A0059511 .„........,.,,., City of Palm Desert CITY OF PALM DESERT S . 73-510 Fred Waring Dnve Palm Desert.CA 73-510 Fred Waring Drive, Palm Desert,CA 92260 92260 (7601346 051 1 }A ' A 4 *( (760)346-0611 LER], FICATE TAG NBR 1409 NOT TRANSFERABLE BUSINESS NAME: RECEIPT WEST COAST ARBORISTS INC NO. BUSINESS LOCATION: B179901 D49 TREE TRIMMERS 0011912 OUTSIDE CITY --, , DATE i APp.NO. BUSINESS OWNER WEST COAST ARBORISTS INC — 3/21/131 / 34214 12-0004374 CONTROL NO. BUSINESS LIC,NO WEST COAST ARBORISTS INC LIC 50 . 00 2200 W VIA BURTON STREET 4/30/14 ADD 1 . 00 ANAHEIM CA 92806 EXPIRATION DATE. PEN . 00 ,- INT . 00 The.parry shown is granted this certificate pursuant\ to license and Permit Provisions of the Municipal Code This is not an endorsement of the activly no, i / TOTAL 51 . 00. s_certfication of compliance "- 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 AND • , ANAHEIM CA 92806 NAME ADDRESS -1S Liberty Mutual. OF INSURED i INSURANCE is,at the issue date of this certificate,insured by the Company under the policy(ies)listed below. The insurance afforded by the listed policy(ies)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 be issued. EXP DATE TYPE OF POLICY ❑CONTINUOUS POLICY NUMBER LIMIT OF LIABILITY ❑EXTENDED ❑POLICY TERM WORKERS 7/1/2014 WA7-66D-039499-073 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY LAW OF COMPENSATION CA,NV'THE FOLLOWING STATES: STATUTORY Bodily Injury by Accident 4i1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Person COMMERCIAL 7/1/2014 TB2-661-039499-013 General Aggregate GENERAL LIABILITY $2,000,000 m OCCURRENCE Products/Completed Operations Aggregate El CLAIMS MADE $2,000,000 Each Occurrence $1,000,000 RETRO DATE Personal&Advertising Injury $1,000,000 Per Person/Organization Fher Other IRE DAMAGES$100,000 MEDICAL PAYMENTS$5,000 AUTOMOBILE 7/1/2014 AS7-661-039499-033 Each Accident--Single Limit LIABILITY $1,000,000 B.I.And P.D.Combined El OWNED Each Person m NON-OWNED Each Accident or Occurrence El HIRED Each Accident or Occurrence OTHER 7/1/2013 7/1/2014 TH7-661-039499-043 $5,000,000 PER OCCURRENCE/AGGREGATE Umbrella Excess Liability ADDITIONAL COMMENTS See Addendum •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.) LibertyMutual BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE Insurance Group OF SUCH CANCELLATION HAS BEEN MAILED TO: RE:Citywide Tree Pruning Program (City of Palm Desert 73-510 Fred Waring Drive Elaine Ulan - Palm Desert CA 92260-2578 Los Angeles/0603 AUTHORIZED REPRESENTATIVE A 818 W 7th Street,Suite 850 0564408 Los Angeles CA 90017 213-624-1171 6/14/2013 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 CERT NO.: 16657682 CLIENT CODE: LM_2819 Nicholas Misoni 6/14/2013 1:28:19 PM Page 1 of 2 LDI COI 268896 02 11 r' AGENCY CUSTOMER ID: LM_2819 _ LOC#: A RD ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Liberty Mutual Insurance Co.National Insurance West WEST COAST ARBORISTS,INC 2200 EAST VIA BURTON POLICY NUMBER ANAHEIM CA 92806 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: NM FORM TITLE:Certificate of Casualty Insurance(07/10) CERTIFICATE HOLDER: City of Palm Desert ADDRESS: 73-510 Fred Waring Drive Palm Desert CA 92260-2578 RE: Citywide Tree Pruning Program Per Form CG2010 0704, the City of Palm Desert, the Successor Agency to 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 are included as Additional Insured(s) for the General Liability, but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. Per form LN2001 0605 this insurance shall be excess over any other coverage available to the additional insured, unless a written agreement obligates the named insured to provide insurance to the additional insured on another basis. In that event, this policy will apply on the basis required by written contract. Per CG2404 1093 Waiver of Subrogation included in favor of the City of Palm Desert, the Successor Agency to 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, agents and respective insurers. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM CERT NO.: 16657682 CLIENT CODE: LM_2819 Nicholas Misoni 6/14/2013 1:28:19 PN Page 2 of 2 Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com State Of California. CONTRACTORS STATE LICENSE BOARD t, < S, -M ACTIVE LICENSE .Y Consumer141, Affairsq It �.. rK 4•rr,..•Pkxnt of 366 7 6 4 E':r{r!v CORP f ilistim.y..Nano, WEST COAST ARBOR I STS I N C ir.s 1(attort .x C61/D49 C27 -,Lb 1 I I E°Apirdh(.n L)rtc. 12/31 /2014 www.cslb.ca.gov =• • West Coast Arborists, Inc.