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HomeMy WebLinkAbout06249 - JIMMIE'S TREE SERVICE - ANNUAL PALM TREE TRIMMING DOC # 2013-0096657 02/27/2013 08:48A Fee:NC Page 1 of 11 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk 8 Recorder II III I I I I II I IIIII II IIII I II Recording Requested By And S R U PAGE SIZE DA MISC LONG RFD COPY When Recorded Return To: City of Palm Springs,Attn:City Clerk EXAM P.O.Box 2743,Palm Springs,CA 92263-2743 M A L 465 426 PCOR NCOR SMF NCHG (SPACE ABOVE THIS LINT.FOR RECORDING USE) (EXEMPT FROM RECORDING FEE PER GOV.CODE§6103) no G T: CTY UNISoo NOTICE OF COMPLETION �w NOTICE IS HEREBY given that: ��oo BCO 1. The City of Palm Springs,California is a municipal corporation,organized and incorporated pursuant to the laws of the State of California. 2. The City Clerk of the City of Palm Springs is authorized and directed to execute,on behalf of said City,any and all Notices of Completion. 3. The address of the City of Palm Springs is City Hall,3200 E.Tahquitz Canyon Way, Palm Springs,California(P.O. Box 2743, Palm Springs,CA 92263-2743). 4. The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on the 28`s day of November,2012 5. The name of the contractor(if named)for such work of improvement was: Padilla Tree Service,68-580"H" Street, Cathedral City,CA 92234 and Jimmie's Tree Service,6773 Olive Avenue, Long Beach,CA 90805. 6. The public work of improvement,which was completed in the City of Palm Springs,County of Riverside,State of California,is described as follows:City Project 012-05,IFB#12-15 Annual Palm Tree Trimming,Various locations in the City of Palm Springs(Please See Exhibits"A"&"B"). 7. Nature of Interest: Fee Owner 8. The property address or location of said property is:Various Citywide Locations(Please See Exhibits"A"&"B"). 9. City Project#12-05 IFE; 12-15 Agreement#6249 Purchase Order#'s 13-0670& 13-0332 CITY OF PALM SPRI 4 uys "visor KEVIEWEll BY: �ZtDATED:a \// x� ,{ Min ar s BY: DATED: Director of Public Works/CityEngineer David J. Barakian JAMhS TI IOMPSON,being duly sworn,says: Thathe is the City Clerk of the aforesaid City of Palm Springs,California,the corporation that executed the foregoing notice; that he makes this verification on behalf of said corporation; that he has read the foregoing Notice of Completion_and knows the contents thereof, and that the facts stated therein are true; that as said City Clerk, he makes this verification on behalf of said municipal corporation. City Clerk-James Thompson Index No.0113 EXHIBIT "A" CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS NO. 12-15 LOCATIONS OF THE WORK *Disposal required for debris from all trees* PART SECTION I: NORTH PALM CANYON DRIVE 001-2451-43065 A. NORTH PALM CANYON DRIVE, east side, Alejo north to City entry way, 159 Trees total: Pods Only 113 Filifera Pods and Fronds 46 Robusta B. NORTH PALM CANYON DRIVE, west side, City entry way south to Alejo, 185 Trees total: Pods Only 81 Filifera Pods and Fronds 104 Robusta C. ISLAND WEST OF NORTH PALM CANYON at Vista Chino,4 Trees total: Pods and Fronds 4 Robusta D. NORTH PALM CANYON entry way sign, 24 Trees total: Pods Only 21 Filifera Pods and Fronds 3 Robusta SECTION lk CENTRAL BUSINESS DISTRICT 001-2451-43065 A. PALM CANYON DRIVE, west side, Alejo to Ramon (not including Amado to Tahquitz Canyon), 129 Trees total: Pods Only 50 Filifera Pods and Fronds 79 Robusta B. PALM CANYON DRIVE, east side. Alejo to Ramon, 148 Trees total: Pods Only 80 Filifera Pods and Fronds 68 Robusta C. TAHQUITZ CANYON WAY, south and north sides, between Belardo and Indian Canyon, 49 Trees total: Pods Only 37 Filifera Pods and Fronds 12 Robusta D. AZUL RESTURANT, parking lot, 400 N. Palm Canyon Dr., 8 Trees total: Pods and Fronds 8 Robusta E. ANDREAS PLAZA(Palm Canyon and Andreas 201 N Indian Canyon Dr)4 Trees Total: Pods only 4 Filifera F. BELARDO, from Alejo to Baristo, east side of street, 31 Trees total: Pods only 2 Filifera Pods and Fronds 29 Robusta II I II IIII 11111111111111111111111111111111111111111111111 02:ZAI 2018908548R G. NORTH PARKING LOT, off Indian Canyon, (261 N Indian Canyon Dr. next to fire station) 24 Trees total: Pods Only 1 Filifera Pods and Fronds 23 Robusta H. PARKING STRUCTURE, at Baristo and Indian Canyon,6 Trees total: Pods only 3 Filifera Pods and Fronds 3 Robusta I. MERCADO PLAZA DRIVE, (Andreas and Palm Canyon) 14 Trees total: Pods Only 4 Filifera Pods and Fronds 6 Robusta Fronds, Pods and Fruit 4 Date Palms J. INDIAN CANYON DRIVE, 139 Trees Total: 1. SOUTH OF RAMON, west side: Pods and Fronds 6 Robusta 2. WEST OF RAMON, south side: Pods Only 5 Filifera 3. RAMON TO ALEJO, east side: Pods only 11 Filifera Pods and Fronds 53 Robusta 4. RAMON TO ALEJO, west side: Pods only 37 Filifera Pods and Fronds 27 Robusta K. ARENAS ROAD, (Palm Canyon to Indian Canyon) 7 Trees total: Pods and Fronds 7 Robusta L. VILLAGE GREEN (221 South Palm Canyon Dr.), 1 Tree total: Pods only 1 Filifera M. CHAMBER OF COMMERCE, 190 W.Amado Road,6 Trees total: Pods Only 6 Robusta N. CHINO DRIVE (between N Palm Canyon Dr.and N Patencio Rd on the medians), 59 Trees Total: Pods only 2 Filifera Pods and Fronds 57 Robusta (IIIII IIIIIII III IIIII IIIII IIIIIII IIIII III IIIII IIII IIII 02 z�7:30 @y08548R SECTION III: SOUTH PALM CANYON DRIVE 001-2451-43065 A. RAMON TO PALO FIERRO, both sides, 166 Trees total: Pods Only 54 Filifera Pods and Fronds 112 Robusta B. WEST PALM CANYON, east side, 7 Trees Total Pods and Fronds 7 Robusta C. SUN CENTER ISLAND, (small island between Indian Canyon and Palm Canyon)2 Trees Total: Pods only 2 Filifera SECTION IV: GOVERNMENT BUILDINGS 001-2451-43065 A. CITY HALL, 3200 Tahquitz Canyon Way, 61 Trees total: Pods Only 26 Filifera Pods and Fronds 35 Robusta 'NOTE*: Enoineerina Dent.Palm tree-do NOT trim fronds-sacred tree B. COGENERATION BUILDING north of City Hall, 16 Trees total: Pods Only 16 Filifera C. CIVIC DRIVE south of Livmor, 13 Trees total: Pods and Fronds 13 Robusta D. POLICE DEPARTMENT, 200 South Civic Drive, 15 Trees total: Pods and Fronds 15 Robusta E. POLICE DEPARTMENT TRAINING CENTER, 200 South Civic Drive,14 Trees total: Pods Only 6 Fifiera Pods and Fronds 8 Robusta F. PALM SPRINGS BOXING CLUB BUILDING (comer of El Cielo and Arenas Rd), 11 Trees total: Pods Only 1 Fifiera Pods and Fronds 10 Robusta G. ABOP end of Vella Road, 6 Trees total: Pods Only 4 Filifera Pods and Fronds 2 Robusta H. ANIMAL SHELTER(4575 Mesquite at corner of Vella Road), 18 Trees total: 'These will NOT he trimmed in this FY 12-13 Palm Tree Trimming contract. Pods Only 14 Filifera Pods and Fronds 4 Robusta I. COUNTY BUILDING on Tahquitz Canyon across from City Hall,25 Trees total Pods Only 1 Filifera Pods and Fronds 24 Robusta I IIIIII IIIIIII III IIII IIII IIIII IIII IIIII IIII N ezf�014 of I I5asR J. CORPORATE YARD(477 N Civic Dr.), 40 Trees total: Pods Only 7 Filifera Pods and Fronds 33 Robusta SECTION V: TAHQUITZ CANYON WAY AND SOUTH PARKWAYS 001-2451.43065 A. EL CIELO TO INDIAN CANYON, center median strips, 86 Trees total: Pods and Fronds 86 Robusta B. RAMON AND SUNRISE WAY, on the frontage road between Cerritos and Parocela, 25 Trees total: Pods and Fronds 25 Robusta LAVERNE WAY(east side from Caliente to Toledo), 42 Trees total: Pods only 40 Filifera Pods and Fronds 2 Robusta D. COCO'S/US BANK, (1701 Palm Canyon to 1901 Palm Canyon on Frontage road), East Palm Canyon: 15 Trees total: Pods and Fronds 15 Robusta E. SADDLEROCK/DIPLOMAT, (between Farrell Dr and Cerritos Rd. East Palm Canyon frontage road), 25 Trees total: Pods and Fronds 25 Robusta F. CATHEDRAL CANYON BIKE PATH, (starts at Cathedral Canyon Dr. and Paseo Azuleio ends at Golf Club Dr.)42 Trees Total: Pods and Fronds 42 Robusta G. CANYON SANDS, East Palm Canyon(between S Linden Way and Gene Autry), 9 Trees total: Pods Only 8 Robusta Pods and Fronds 1 Date palm H. SAGUARO HOTEL, 1800 E Palm Canyon Dr. : 7 Trees total: Pods only 5 Filifera Pods and Fronds 2 Robusta I. INDIAN TRAIL AND RAMON ROAD(between Ramon Rd.and E Sunny Dunes Rd.), 50 Trees total: Pods only 34 Filifera Pods only 16 Robusta ("these are trimmed like Filifera) J. LAS PALMAS-WEST ISLAND (371 N Via Las Palmas),6 Trees Pods only 6 Filifera K. LAS PALMAS-EAST ISLAND (200 S Via Las Palmas), 2 Trees total: Pods only 2 Filifera 111111111111111111111111111111111111111111111111 ez,z01 ze 99es5asR s or 11 L. MOUNTAIN VIEW ISLAND (between Prescott Dr. and Mission Rd.), 16 Trees total: Pods and Fronds 16 Filifera M. HERMOSA& MISSION (400 Hermosa PI.), 1 Tree total: Pods only 1 Filifera N. GOLF CLUB DRIVE (between E. Palm Canyon Dr. and 34th. Ave.), 100 Trees total: Pods and Fronds 100 Robusta O. NORTH RIVERSIDE, 90 Trees total: Pods only 60 Filifera Pods and Fronds 30 Robusta P. SOUTH RIVERSIDE, 38 Trees total: Pods Only 34 Filifera Pods and Fronds 4 Robusta Q. BIRDIE WAY(between E. Waverly Dr and Eagle Way), 5 Trees total: Pods only 1 Filifera Pods and Fronds 4 Robusta R. GENE AUTRY TRAIL, (S. Gene Autry and E. Par Dr.) 3 Trees total: Pods only 3 Filifera SECTION VI: PARKWAY DISTRICTS 001-2461-435501001-2451-43500 A. PARK SONORA, (on El Cielo between Sonora and Anzuelo Cir.), east side, 25 Trees total Pods and Fronds 9 Robusta Pods only 16 Filifera B. DESERT DORADO, northeast corner of Sunrise Way&Alejo, 0 Trees total this year CThis district is not being included in the FY 12-13 Palm Tree Trimming contract) 0 Trees Pods and Fronds C. CAMELOT VILLAS, North of Sonora west side, 0 Trees Total this year, 001-2451-43510 ('This district is not being included in the FY 12-13 Palm Tree Trimming contract) 0 Trees Pods and Fronds D. RANCHO PARK, South of Sonora west side, 0 Trees Total this year, 001-2451-43530 ('This district is not being included in the FY 12-13 Palm Tree Trimming contract) 0 Trees Pods and Fronds E. CHIA ROAD, Gene Autry&Chia South side,24 Trees total, 001-2451-43530 Pods only 24 Filifera F. SUNRISE N. SAN RAFAEL&3200 MT. SHADOW DR., DR (SAN RAFAEL& 3200 MT. SHADOW DR.)4 Trees Total, 001-2451-43560 Pods and Fronds 4 Robusta III IIII I II III(IIII I II III III II I IIII IN 02/2 1 60of A 11:48A G. VINTAGE PALMS SAN RAFAEL& N. CABALLEROS, 37 Trees Total, 001-2451-43560 Pods and Fronds 37 Robusta H. MID-VALLEY PARKWAY, Dinah Shore Dr. (from Gene Autry to Dinah Shore Bridge) 96 Trees Total, 001-2451-43065 Pods and Fronds 96 Robusta I. FLORA VISTA(Comers of E. Racquet Club Rd. and Via Escuela on Sunrise) 10 Trees Total, 001-2451-43580 Pods and Fronds 10 Robusta J. MOUNTAIN GATE, (Gateway and Palm Canyon going north and back gate on Tramview) 125 Trees total: Pods only 116 Filifera Pods and Fronds 9 Robusta SECTION VII: PARKS 001-2451-43065 A. SUNRISE PARK,201 South Pavilion Way, 173 Trees total COGENERATION BUILDING: Pods only 3 Filifera Pods and Fronds 13 Robusta PAVILION BUILDING: Pods and Fronds 18 Robusta LEISURE SERVICES BUILDING: Pods and Fronds 38 Robusta SWIM CENTER: Pods only 4 Filifera Pods and Fronds 14 Robusta PALM SPRINGS STADIUM- FRONT ENTRANCE: Pods and Fronds 4 Robusta PALM SPRINGS STADIUM - BEHIND SCORE BOARD: Pods only 2 Filifera CORNER OF BARISTO AND PAVILION WAY: Pods and Fronds 1 Robusta AREA WEST OF BASKETBALL COURT: Pods Only 24 Filifera Pods and Fronds 18 Robusta IIIIII(III II III IIII IIII IIIIIII IIIII II IIII IIII szfz017 of It e 990e548R MIZELL SENIOR CENTER: Pods and Fronds 11 Robusta BOYS&GIRLS CLUB: Pods only 5 Filifera Pods and Fronds 7 Robusta Fronds, Pods and Fruit 2 date palms, B. BARISTO PARK, Calle El Segundo and Calle Encilia, 7 Trees total: Pods and Fronds 7 Filifera C. FRANCES STEVENS PARK, 550 North Palm Canyon Drive, 43 Trees total (median islands at Indian Canyon &Alejo) Pods only 21 Filifera Pods and Fronds 18 Robusta Fronds;;+V 4 Queen Palms D. DESERT HIGHLAND PARK,480 North Tramview Road, 18 Trees total: Pods only 3 Filifera Pods and Fronds 15 Robusta E. DEMUTH PARK and median islands 4365 East Mesquite Avenue, 143 Trees total: 1. EAST AREA: Pods and Fronds 26 Robusta 2.WEST AREA: Pods and Fronds 11 Robusta 3. CENTER AREA: Pods Only 7 Filifera Pods and Fronds 29 Robusta 4. COMMUNITY CENTER: Pods only 3 Filifera Pods and fronds 11 Robusta 5. MESQUITE AVE. (between Vella and El Cielo Rd. at Demuth park): A. NORTH SIDE OF STREET: Pods and fronds 0 Robusta B. SOUTH SIDE OF STREET: Pods only 11 Filifera Pods and fronds 10 Robusta C. MEDIAN: Pods and fronds 18 Robusta Pods only 7 Filifera III II IIIIIII III IIII IIIII IIIIIII I III I IIIII IIII III ©zre01 ee s3essaeR 8 of 11 F. RUTH HARDY PARK, 700 Tamarisk Road,60 Trees total: Pods Only 57 Filifera Pods and Fronds 3 Robusta G. VICTORIA PARK, 2744 North via Miraleste off vista chino, 3 Trees total: Pods only 3 Filifera H. GATEWAY PARK, (West Side of Gene Autry Trail between Vista Chino and Chia Road) 33 total trees: Pods only 33 Filifera 1. GATEWAY PARKWAYS/MEDIAN (west and east sides of Gene Autry Trail; including median, all areas between Vista Chino and Via Esquela): � -/ Pods only 32 Filifera only 30-marrmTss I. WELLNESS PARK(next to Ruth Hardy Park)46 trees total: Pods only 45 Filifera Pods and Fronds 1 Robusta SECTION VIII: PALM SPRINGS INTERNATIONAL AIRPORT 505 total trees 415-6175-43065 A. FRONT OF AIRPORT TERMINAL, PARKING LOTS, Pods and Fronds 343 Robusta B. AIRPORT OPERATION AREA, TERMINAL& SECURED AREAS Pods and Fronds 92 Robusta C. TAXI BUILDING Pods and Fronds 12 Robusta D. KIRK DOUGLAS WAY Pods and Fronds 27 Robusta E. CUSTOMS BUILDING Pods and Fronds 12 Robusta F. VISTA CHINO AND FARRELL DR. Pods and Fronds 19 Robusta SECTION IX: FIRE STATIONS, 3620-43060 A. FIRE STATION 443, East Racquet Club and Via Miraleste, 5 Trees total: Pods only 2 Filifera Pods and Fronds 3 Robusta IIIIII IIIIIII III II II VIII VIII VIII III II III III 261 A &8:ez48FI B. FIRE STATION 444, La Verne and Caliente, 10 Trees total: Pods only 1 Filifera Pods and Fronds 9 Robusta C. FIRE STATION 445, Bolero Road and Golf Club Drive,4 Trees total: Pods only 1 Filifera Fronds, Pods and Fruit 3 date palms D. TRAINING CENTER, East Alejo Road, 3 Trees total: Pods only 1 Filifera Pods and Fronds 2 Robusta E. Train Station,Whitewater Road, 19 Trees Total: Pods only 19 Filifera SECTION X: MEDIAN ISLANDS A. Sunrise—Racquet Club to north end median, 24 Trees total: Pods only 24 Filifera B. North Indian entrance, 5 Trees total: Pods only 5 Filifera C. North Indian median islands—San Rafael to Radio Road, 8 Trees total: Pods only 8 Filifera D. Sunrise&Ramon median/also North of Tahquitz, 9 Trees total: Pods only 3 Filifera Pods and Fronds 6 Robusta E. Ramon west of Sunrise, 3 Trees total: Pods only 3 Filifera ('End of locations and tree counts*) 2©13-0Ag6657 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 27I101of 081 8fl EXHIBIT ADDITIONS �7 ALEJOIBARISTO PARKING LOT PODS AND FRONDS 6 TREATMENT PLANT PODS ONLY 14 PODS AND FRONDS 49 WEST PALM CYN PODS AND FRONDS 7 AMADO S PALM CYN PODS ONLY 4 PALM CYN AND ARENAS PODS ONLY 1 SMOKE TREE MEDIAN PODS ONLY 4 DOWNTOWN LIBRARY PODS ONLY 2 IIIIIII IIIIIII III IIIII IIIII IIIIIII IIIII III IIIIII IIIIIII l 11©of 308 Bzl 1 OF PALM SA , City of Palm Springs f Department of Public Works and Engineering 3200 E.Tahquitz Canyon Way • Palm Springs,California 92262 Cq(l FQ RNXP / Tel:(760)323-8253 • Fax:(760)322-8360 • Web:www.palmspringsca.gov NOTICE OF MATERIAL BREACH Y�� NOTICE OF TERMINATION OF AGREEMENT October 31, 2012 VIA TELEFAX(562.423.8532) and Certified Mail Jimmie's Tree Service CITY MANAGER Attn: Monna Vaipulu, President NOV 13 Vaida Vaipulu,Secretary 6773 Olive Avenue CITY OF PALM SPRINGS Long Beach, CA 90805 This is to advise you that the City,through the Office of the Public Works Director, has determined that your company and your work crews and employees performing work in Palm Springs have engaged in repeated and ongoing conduct that violates the operational requirements of your agreement with the City and poses a threat to the travelling public and the residents and businesses of the City. The failure of your company and your employees and representatives to comply with the operational requirements of your agreement with the City constitutes a material breach of your agreement with the City and the City therefore terminates this agreement effectively immediately. You are instructed to cease all work immediately,stop pruning all trees and remove your equipment and vehicles from the City in a safe manner,in strict compliance with all laws You, your company, and/or your employees and representatives("Contractor")have failed to comply with the standards of operations and workmanship (General Specifications, No. 3 Standards of Operations and Workmanship) as required pursuant to the express terms of your agreement with the City(IFB No. 12-15). Specifically, such conduct includes, but is not limited to,the following: Post Office Box 2743 0 Palm Springs, California 92263-2743 1. Contractor failed to comply with all ordinances and policies concerned with and relating to the pruning of palm trees in the City. City staff repeatedly counseled Contractor regarding this issue and their failure to adhere to the City's policies. 2. Contractor failed to adhere to all Cal/OSHA safety standards pertaining to tree trimming and right of way maintenance. 3. Contractor failed to comply with CalTrans. 4. Manual of traffic controls for construction and maintenance work zone, 1990 edition. S. Contractor failed to install and maintain adequate warning devices,barricades,guards, flagmen,or other necessary precautions appropriate to give advice and reasonable protection, safety, and warnings to persons and vehicular traffic in the vicinity of Contractor's operations. 6. Contractor failed to schedule and conduct work in a cooperative manner with the City and thereby failed to give the least possible interference with others. 7. Contractor failed to perform the work in a workmanlike manner. 8. Contractor failed to remove debris from work sites and did not sweep clean the affected work sites. 9. Contractor caused damage to shrubs,trees, and plant growth adjacent to work sites and failed to provide remedial or corrective treatment. The City has also been advised that Contractor's equipment was not in compliance with CalTrans and AQMD requirements. The City specifically notes the incidents of October 29,2012. One of Contractor's boom trucks was driven along Highway 111 at the intersection of Highway 111 and Yorba Road. The boom was in an upright position,in violation of OSHA regulations. As the vehicle was driven through the intersection,the boom caught Edison electric lines,tearing the lines from power poles, disrupting service. The incident resulted in loss of power for adjacent residences and businesses for approximately 7 hours. Please be advised that any claim from Edison or any affected resident, property owner,or business owner will be tendered to you and your insurer for all damages or costs that may have been incurred. In addition, Contractor operated a second boom truck at the Highway 111 and Yorba Road intersection on October 29,2012. This vehicle became disabled and was parked on Highway 111. Contractor failed to adequately secure this vehicle and equipment and failed to install andmaintain proper traffic controls in the vicinity of the vehicle. - In addition to the summary provided in this letter,the City also notes the various emails, phone calls, and face to face discussions that Contractor has had with representatives of the City regarding Contractor's unacceptable performance under its agreement with the City. The incidents of October 29,2012 evidence a wanton disregard for the safety and security of the travelling public and the residents and business owners of this City. The City finds that Contractor's failure to comply with the operational requirements of its agreement with the City constitutes material breaches of the agreement and warrants immediate termination of the agreement. The City will retain a new contractor to complete the work and appropriate offsets and deductions consistent with the agreement will be made prior to the City making any final payment for any work completed by Contractor. A copy of this letter will be forwarded to your bonding company and your insurer to ensure that they are on notice of the issues raised in this letter. Sincerely, David J. Barakian Director of Public Works/City Engineer DAH/DJB/cir XC: Pay File Chronological File Douglas C. Holland, City Attorney David H. Ready, City Manager Rick Minjares, Parks Maintenance Supervisor Craig,Gladders, Procurement&Contracting Manager THIS AGREEMENT made this AGREEMENT _�day of w 4 in the year 2612, by and between the City of Palm Springs, a charter city &banized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Jimmie's Tree Service hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 --THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: PALM TREE TRIMMING: SEED POD/FROND REMOVAL AT VARIOUS LOCATIONS IN THE CITY OF PALM SPRINGS, IFB No. 12-15 The Work is generally described as follows: The trimming of seed pods and fronds, and the proper disposal of debris, from palm trees at various public locations throughout the City of Palm Springs. ARTICLE 2 --COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within.the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed ow-time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum of $ 250.00 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3 -- CONTRACT PRICE ($49,453.00) The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). OR;(iif;- ANQJOR AGREEMENT ARTICLE 4 --THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions (Exhibit "A"), the Drawings, Addenda numbers n to n inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5 -- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. ARTICLE 6 -- NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA B Cit�Clerk J� APPROVED it Manag TO FORM: � Date By City Attorney APPROVED BY THE CITY COUNCIL: Date B, Date b 20 000r `qvn 2� By �X4� Ci y Engineer Date 7/M/'Z, Agreement No. �JM Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. CONTRACTOR: Name: /!r t Tre,! /ejCheck one: _Individual_Partnership ✓Corporation Address: aloe) By: �•" -_ V By: J � Signature(n tarized) /> Signature (not rized) Name: '✓ e Name: 11a;Z214;U Ala Z� Title: Title: (This Agreement must be signed in the above This Agreement mot be signed in the above space by one of the following: Chairman of the space by one of the following: Secretary, Chief Board, President or any Vice President) Financial Officer or any Assistant Treasurer) State off? ❑ State of �t County of ��/eJ ❑ss County off ❑ss before me, A. �efore me, 4 7A"-V---A90AqAAh1 personally appeared ersonally appeared who proved to me on the basis of satis ctory who proved to me on the basis of 19tisfactory evidence to be the person whose name(W evidence to be the person whose namefsa' bare subscribed to the within instrument and is re subscribed to the within trument and acknowledged to me that h hey executed acknowledged to me that he hh ey executed the same in hi k�heir authorized capacity the same in his eir authorized capacity(i�Sf, and that by hi er eir signaturesX on the and that by hi er eir signatures(Pron the instrument the persor> j, or the entity upon instrument the person or the entity upon behalf behalf of which the perso n n(s1'acted, executed the of which the person acted, executed the instrument. �� instrument. I certify under PENALTY OF PERJURY under I certify under PENALTY OF PERJURY under the the laws of the State of California that the laws of the State of California that the foregoing foregoing paragraph is true and correct. paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: ) Notary Seal: Notary Seal. LWS A.PALLAREB LINs A.PALLARE5 Cammisekn 11888122 Commission i 1868122 jAemNotary Public•California Notary Pubtie-CaNkleals Los Angela County Los Angeles County M Comm.Expires Mar 8,2016 OMY Comm.Expires Mar$.2016 CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BID (IFB) NO. 12-15 BID PRICING PAGE Responding to an Invitation for Bids for Palm Tree Trimming: Schedule A - Seed Pod/Frond/Fruit Removal at various locations in the City of Palm Springs, the undersigned Bidder agrees to furnish all labor, equipment, materials, supervision and service necessary to complete the job requirements as outlined in the Detailed Specifications. It is the City's intent to base the award on the lowest responsive and responsible Bidder of the unit prices submitted on this page for the Grand Total of Schedule A. However, the City reserves the right to make no award, or modify the estimated quantities up or down as may be required, whichever is in the best interests of the City. I/WE PROPOSE AND AGREE to furnish all labor, equipment, materials, supervision and service necessary to complete said Work in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore,the following amounts: SCHEDULE A: UNIT PRICE X #TREES = TOTAL COST POD REMOVAL ONLY: Ea. X 1223 = $/T�_� cSD POD AND FROND REMOVAL ONLY: X 2164 DATE PALMS: pa FROND, POD & FRUIT T .ka. X 10 52Z� FROND REMOVAL ONLY(QUEEN): eEa. X 4 = $ 1611 , = FROND REMOVAL ONLY(BLUE PALMS): Ea. X 30 = v� (3431 Total#Trees) TOTAL SCHEDULE A: $ 112. y53-^' It is understood and agreed that this Bid may not be withdrawn for a period of sixty (60) calendar days from the Date and time of the Bid Opening thereof, and at no time in the case of the successful Bidder. ACCEPTANCE OF SITES, CONDITIONS,AND WORK TO BE DONE IS X or IS NOT HEREBY ACKNOWLEDGED (YOU MUST CHECK ONE). The existing conditions and descriptions of work are intended to give Prospective Bidders a general idea of the work to be done, however each bidder is STRONGLY ADVISED to visit and inspect the site(s) and satisfy himself as to the exact conditions and requirements of the work to be done and submission of a bid will be prima facia evidence of this site visit. Failure of a bidder to visit and inspect the sites shall constitute acceptance of ALL pre-existing site conditions and shall constitute as a waiver of any and all future claims relating to said Conditions. Failure to acknowledge acceptance of the conditions of the sites and requirements of the work will result in your bid being deemed non-responsive. JIMMIE'S TREE SERVICE (sign) n 1 ' ,�j v NAME OF BIDDER(PERSON, FIRM, CORP.) SIGNATURE OF AUTHORIZED REPRESENTATIV 6773 OLIVE AVENUE " MONNA B.VAIPULU,OWNER ADDRESS NAME&TITLE(PRINT OR TYPE) LONG BEACH,CA 90805 (562) 423-6202 ADDRESS TELEPHONE NUMBER (562)423-8532 6/6/2012 DATE FAX NUMBER ji mm iestreeservice@gma il.com E-MAIL ADDRESS 19 ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this IFB is required by including the acknowledgment with your bid. Failure to acknowledge the Addenda issued may result in your bid being deemed non-responsive. In the space provided b low,please acknowledge receipt of each Addendum: Addendum(s)# is/are hereby acknowledged Send via mail (sealed)to: or Deliver via courier(sealed)to: City of Palm Springs/Procurement City of Palm Springs Procurement 3200 E. Tahquitz Canyon Way 3200 E.Tahquitz Canyon Way Palm Springs,CA 92262 Palm Springs, CA 92262 PLEASE NOTE THAT PALM SPRINGS CITY HALL IS CLOSED EVERY FRIDAY DUE TO THE CURRENT FURLOUGH PROGRAM, AND THEREFORE IS NOT ABLE TO ACCEPT, TIME OR DATE STAMP ANY SUBMITTALS/BIDS ON FRIDAYS (OR WEEKENDS). PLEASE TAKE THIS INTO CONSIDERATION WHEN DELIVERING A SUBMITTAL/BID BY THE DUE DATE AND TIME AS DEFINED IN THIS DOCUMENT. LATE BIDS WILL NOT BE ACCEPTED - NO EXCEPTIONS! 20 CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS NO. 12-15 BIDDER'S REFERENCE LIST List at least five (5) references for which you have provided palm tree trimming services within the last three years with requirements similar to the scope of work outlined in these documents. 1) NAME OF BUSINESS/AGENCY: CALTRANS/DEPT OF TRANSPORTATION ADDRESS 1808 N BATAVIA ST. ORANGE, CA 92865 CONTACT PERSON SHARON ANTONIO TELEPHONE# 714-685-3211 2) NAME OF BUSINESS/AGENCY: ORANGE COUNTY PARKS ADDRESS 1300 S GRAND AVE. SANTA ANA, CA 92835 CONTACT PERSON FRANK PRADO TELEPHONE# 949-585-6420 3) NAME OF BUSINESS/AGENCY: COUNTY OF ORANGE JOHN WAYNE AIRPORT ADDRESS 3160 AIRWAY AVE. COSTA MESA CA 90805 CONTACT PERSON DEBBIE TEMPLE TELEPHONE# 949-252-5240 4) NAME OF BUSINESS/AGENCY: LOS ANGELES UNIFIED SCHOOL DISTRICT ADDRESS 6651-B BALBOA BLVD, VAN NUYS, CA 91406 CONTACT PERSON CLARK SULLIVAN TELEPHONE# 818-654-3774 5) NAME OF BUSINESS/AGENCY: THE QUEEN MARY ADDRESS 1126 QUEENS HWY LONG BEACH, CA 90805 CONTACT PERSON MARK ANDREWS TELEPHONE# 562-436-5742 21 BIDDER'S GENERAL INFORMATION PALM TREE TRIMMIMG:SEED POD/FROND REMOVAL, IFB 12-16 The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: 6773 OLIVE AVENUE, LONG BEACH,CA 90805 2. CONTRACTOR'S Telephone Number: (562 ) 423-6202 Facsimile Number: (562 ) 423-8532 3. CONTRACTOR'S License: Primary Classification D-49 State License Number(s) 926963 Supplemental License Classifications N/A 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety JAZ BOND & INSURANCE SERVICES Address P.O. BOX 33166, GRANADA HILLS, CA 91394 Surety Company AMERICAN SAFETY CASUALTY INSURANCE Telephone Numbers: Agent(818 ) 998-9529 Surety(818 ) 998-9529 5. Type of Firm (Individual, Partnership or Corporation): PARTNERSHIP 6. Corporation organized under the laws of the State of: N/A 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: MONNA B.VAIPULU,PRES/TREASURER/SECRETARY 6773 OLIVE AVENUE,LONG BEACH,CA 90805 JOSEPH VAIPUILI.DIRECTOR 6773 OLIVE AVENUE LONG BEACH CA 90805 8. Number of years experience as a contractor in this speck type of construction work: 15 PLUS YEARS 9. List the name and title of the person who will supervise full-time the proposed work for your firm: JOSEPH VAIPU 10. Is full-time supervisor an employee X contract services it. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. WAIVED 24 WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contractor JIMMIE'S TREE SERVICE i By MONNA B. VAIPULUlVll1/ Title OWNER 32 CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS NO. 1245 AFFIDAVIT OF NON-COLLUSION STATE OF CALIFORNIA ) ) SS COUNTY OF RIVFRd49F.} Lp.$ The undersigned being firs duly swom,deposes and says that he or she is of J fw1 Wl I e d2� ifo . the party making the foregoing bid. That the bid is not 1 made in the interests of, or on the behalf of, any undisclosed person, partnership company, association, organization, or corporation; that the bid is genuine and not collusive or 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 fa 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 thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or any other member or agent thereof to effectuate a_collusive co or sham bid. By: -�F�., Title Subscribed and sworn to before me this 'I day of��, 201,,;�., ary ubli d for said Co and State PATTYCARRILL0 No tary 01962017 FIDAMPRM Notary Pnbk.Caldonalls Lot Ang"County Comm ret On 25,2015 22 CITY OF PALM SPRINGS,CALIFORNIA INVITATION FOR BIDS NO. 12-16 BIDDER'S CHECK LIST I GENERAL INSTRUCTIONS TO BIDDERS: Bidders are advised that notwithstanding any instructions or inferences elsewhere in this Invitation to Bid only the documents shown and detailed on this sheet need be submitted with and made part of their Bid. Other documents may be required to be submitted after the Bid opening time and date, but prior to Award. Bidders are hereby advised that failure to submit the documents shown and detailed on this sheet MAY RENDER THE BID NON-RESPONSIVE. II REQUIRED DOCUMENTS FOR BID SUBMITTAL: BIDS MAY NOT BE CONSIDERED if the following documents and/or attachments are not completely filled out and submitted with the Bid. NOTE: ONLY THOSE ITEMS MARKED BY AN "X"ARE REQUIRED. X Pricing page 19 must be manually signed. X All Addenda issued shall be acknowledged in the space provided on the Bid Pricing page 20, or by manually signing the Addenda sheet and submitting it prior to the Bid Opening Time and Date. Also, Acceptance of the site(s) and conditions must also be acknowledged in the space provided on page 19. X Erasures or other changes made to the Bid Pricing Page must be initialed by the person signing the Bid. X Bidder's Reference List page 21 must be completed. X Affidavit of Non-Collusion by Contractor form page 22 must be notarized and signed by a Notary Public. X Bid Bond, Certified Check, Cashiers Check, Money Order or Cash shall be submitted with the Bid in the amount indicated. Page 23 must be executed and notarized as indicated, if applicable. X Bidder's General Information page 24 must be completed. 4 r INVITATION FORBIDS NO. 12-15 FOR PALM TREE TRIMMING: SEED POD/FROND REMOVAL AT VARIOUS LOCATIONS IN THE CITY OF PALM SPRINGS THIS INVITATION FOR BIDS CONSISTS OF THE FOLLOWING: PAGE COVERSHEET.............................................................................................................................................1 NOTICEINVITING BIDS........................................................................................................................... 2-3 BIDDER'S CHECK LIST................................................................................................................................4 TERMS &CONDITIONS........................................................................................................................... 5-8 GENERALSPECIFICATIONS ......................................................................................................................9 LOCATIONSOF WORK........................................................................................................................ 10-18 BID PRICING PAGE (MUST BE MANUALLY SIGNED)....................................................................... 19-20 BIDDER'S REFERENCE LIST....................................................................................................................21 AFFIDAVIT OF NON-COLLUSION.............................................................................................................22 BIDBOND FORM .......................................................................................................................................23 BIDDERS GENERAL INFORMATION........................................................................................................24 PAYMENT BOND FORM (required of successful bidder only at time of award)..................................25-26 PERFORMANCE BOND FORM (required of successful bidder only at time of award) .............................27 AGREEMENT(required of successful bidder only at time of award)....................................................28-31 WORKER'S COMPENSATION CERTIFICATE (required of successful bidder only at time of award)......32 EXHIBIT"A"- INSURANCE REQUIREMENTS(required of successful bidder only at time of award). 33-36 EXHIBIT"B"—PALM TREE TRIMMING POLICY................................................................................. 37-38 NO RESPONSIBILITY WILL ATTACH TO ANY OFFICER FOR THE PREMATURE OPENING OF OR THE FAILURE TO OPEN A BID NOT PROPERLY ADDRESSED AND IDENTIFIED. MAILING ADDRESS: STREET ADDRESS: City of Palm Springs City of Palm Springs Procurement& Contracting Procurement&Contracting P.O. BOX 2743 3200 E.Tahquitz Canyon Way Palm Springs, CA 92263-2743 Palm Springs, CA 92262 DUE DATE: MONDAY, JUNE 11, 2012 TIME DUE: 3:00 P.M. CITY OF PALM SPRINGS, CALIFORNIA NOTICE INVITING BIDS QFB 12-15) SEALED BIDS will be received for: IFB No. 12-15, PALM TREE TRIMMING: SEED POD/FROND REMOVAL AT VARIOUS LOCATIONS IN THE CITY OF PALM SPRINGS Which includes furnishing all labor, equipment, materials, supervision, service, proof of insurance and bonding. Bids shall be received before MONDAY, JUNE 11, 2012 , 3:00 PM , local time, at the Office of Procurement and Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, CA at which time, date and place, they will be publicly opened and read. Said Bids will be referred to the City Council for consideration at their next regularly scheduled meeting. No Bid will be considered unless it is made on a bid form furnished by the City. The Bid must be submitted in a sealed envelope, addressed to Procurement and Contracting, City of Palm Springs, at 3200 East Tahquitz Canyon Way, Palm Springs, California 92262. Each sealed envelope containing a Bid must be plainly marked on the outside as "IFB #12-15 Palm Tree Trimming". The envelope shall show on the outside the name of the Bidder, Bid title, Bid number and time and date of the Bid Opening. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another envelope addressed to the City of Palm Springs, Procurement and Contracting, P. 0. Box 2743, Palm Springs, California 92263-2743. Each Bid must be accompanied by cash, a certified or cashier's check or Bidder's bond on the prescribed form and made payable to the City of Palm Springs for an amount equal to at least ten percent (10%) of the amount Bid (maximum award value). Such guaranty shall be forfeited should the Bidder to whom the Work is awarded fail to furnish the required proof of insurance, bonds and enter into an Agreement with the City within the period of time provided by the IFB's requirements. All Bids are to be compared on the basis of the City's estimates of the quantities of Work to be done. No Bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of Chapter 9 of Division 3 of the Business and Professions Code. OBTAINING IFB DOCUMENTS AND REGISTRATION AS A BIDDER: Specifications may be obtained from the Procurement and Contracting Office located at 3200 East Tahquitz Canyon Way, Palm Springs, California or by calling (760) 322-8373. Specifications will be mailed at no charge. The bid documents may also be downloaded via the internet at www.palmspringsca.gov (go to Government, Departments, Procurement, Open Bids & Proposals). If you are interested in submitting a bid, it is IMPERATIVE that you contact Cheryl Martin, Procurement Specialist I, via email at Cheryl.Martin(cilpalmspringsca.gov to officially register as a Bidder for this specific project with your company name, address, phone, fax, contact person and email address. Failure to officially register may result in not receiving addenda to the Bid. Failure to acknowledge addenda may deem your bid as non-responsive. Note: You may also register your firm in the City's online general vendor database system while on the website, but you MUST still contact Cheryl Martin as instructed above to register as a Bidder for this specific IFB 12-15. The City of Palm Springs reserves the right to reject any or all Bids and the right to waive minor irregularities or informalities in any proof of insurance, bonds or in the Bid itself. A conditional, qualified or incomplete Bid, regarding substantive or material aspects of performance, shall be deemed non- responsive. The successful Bidder shall meet all insurance requirements of the City, including but not limited to the provisions of personal and property liability, including vehicle coverage and Worker's Compensation, in limits acceptable to the City. All required insurance, except Worker's Compensation, shall name and endorse the City of Palm Springs as an additional insured. Securities may be substituted for retained funds, if applicable, per Public Contract Code Section 22300. Prevailing Wage Rates are not applicable: Funding for the work is with all local funds and, as provided under City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. 2 The successful Bidder shall possess a Class "D-49" Contractor's license at the time the Contract is awarded. If the Contractor fails to comply with the above provisions, he/she shall not receive damages for the loss of the Contract. The receiving time in the Procurement and Contracting Office will be the governing time for acceptability of Bids. Telegraphic and telephonic Bids will not be accepted. It is the responsibility of the Bidder to see that any Bid sent through the mail shall have sufficient time to be received by the Procurement and Contracting Office prior to the Bid Opening Time. Late Bids will be returned to the Bidder unopened. Craig L. Gladders, C.P.M. Procurement&Contracting Manager Dated: May 10, 2012 3 CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS NO. 12-15 BIDDER'S CHECK LIST I GENERAL INSTRUCTIONS TO BIDDERS: Bidders are advised that notwithstanding any instructions or inferences elsewhere in this Invitation to Bid only the documents shown and detailed on this sheet need be submitted with and made part of their Bid. Other documents may be required to be submitted after the Bid opening time and date, but prior to Award. Bidders are hereby advised that failure to submit the documents shown and detailed on this sheet MAY RENDER THE BID NON-RESPONSIVE. II REQUIRED DOCUMENTS FOR BID SUBMITTAL: BIDS MAY NOT BE CONSIDERED if the following documents and/or attachments are not completely filled out and submitted with the Bid. NOTE: ONLY THOSE ITEMS MARKED BY AN 'X'ARE REQUIRED. X Pricing page 19 must be manually signed. X All Addenda issued shall be acknowledged in the space provided on the Bid Pricing page 20, or by manually signing the Addenda sheet and submitting it prior to the Bid Opening Time and Date. Also, Acceptance of the site(s) and conditions must also be acknowledged in the space provided on page 19. X Erasures or other changes made to the Bid Pricing Page must be initialed by the person signing the Bid. X Bidders Reference List page 21 must be completed. X Affidavit of Non-Collusion by Contractor form page 22 must be notarized and signed by a Notary Public. X Bid Bond, Certified Check, Cashiers Check, Money Order or Cash shall be submitted with the Bid in the amount indicated. Page 23 must be executed and notarized as indicated, if applicable. X Bidder's General Information page 24 must be completed. 4 CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS NO. 12-15 TERMS AND CONDITIONS 1. Bids must be submitted on the Bid forms supplied by the Procurement and Contracting Office in a sealed envelope showing on the outside the name of the Bidder, Bid title, Bid number and time and date of the Bid Opening. The sealed envelope containing the bid must be enclosed in another envelope addressed to the City of Palm Springs, Procurement and Contracting, P.O. Box 2743, Palm Springs, CA 92263-2743. 2. Bids submitted may be withdrawn by written request received before the time and date of the opening. After the opening, Bids may not be withdrawn by the Bidder for a period of sixty (60) calendar days and at no time after Award of the Bid. 3. The City of Palm Springs reserves the right to reject the Bid of any Bidder who previously failed to perform properly or complete on time agreements of similar nature or to reject the Bid of a Bidder who is not in a position to perform such an agreement satisfactorily. 4. The City reserves the right to reject any or all Bids and to waive any informality or technical defect in a Bid. The City also reserves the right to make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work and the Bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any Bid if the evidence submitted by or investigation of such Bidder fails to satisfy the City that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. 5. Submission of a signed bid will be interpreted to mean that Bidder has hereby agreed to all the terms and conditions set forth in all of the pages which make up this Invitation For Bids. Failure of a bidder to carefully read and examine the Bid documents shall in no way relieve any Bidder from any obligation in respect to the Bid. The existing conditions and descriptions of work are intended to give Prospective Bidders a general idea of the work to be done, however each bidder is STRONGLY ADVISED to visit and inspect the site(s) and satisfy himself as to the exact conditions and requirements of the work to be done and submission of a bid will be prima facia evidence of this site visit. Failure of a bidder to visit and inspect the sites shall constitute acceptance of ALL pre-existing site conditions and shall constitute as a waiver of any and all future claims relating to said conditions. 6. The successful bidder shall enter into an Agreement with the City, after award by the Palm Springs City Council. A copy of the agreement that will be used is attached hereto for reference. 7. The price quoted by the Bidder in his Bid shall include a separate line item for any sales or use tax levied by the California Revenue and Taxation Code and shall be exclusive of Federal Excise Taxes pursuant to the exemption of political subdivisions in the 'Revenue Act of 1935" or any other acts of Congress. 8. When discrepancies occur between unit prices and extended amounts the unit prices shall govern. 9. The Bidder shall be required to file an Affidavit of Non-Collusion with their Bid. This shall be signed and sworn before a Notary Public with a commission in the State of California. 10. Business License: The successful Bidder shall be required to be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax. it. ANY questions, technical or otherwise, pertaining to this Invitation to Bid must be submitted IN WRITING and directed ONLY to: Craig L. Gladders, C.P.M., Procurement&Contracting Manager 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 5 via FAX (760)323-8238 or via EMAIL: Craig.Gladdersopalmspringsca.gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the IFB. The deadline for all questions is Monday. June 4, 2012 at 3:00 p.m. Local Time, Questions received after this date and time will not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. 12. Deviations from Specifications: It is understood that the service offered by the Bidder will meet all requirements of the Specifications in this Invitation for Bids, unless deviations there from are clearly indicated in an attachment headed "Exceptions to Specifications" submitted and signed by the Bidder's authorized representative. In order for the Bid to be considered, an explanation must be made for each item in which an exception is taken, giving in detail the extent of the exception and the reason for which it is taken. 13. Contractor's License: The successful Bidder shall posses a Class D-49 Contractor's License at the time the contract is awarded and for the duration of the term that the work is in progress. Bidders that do not hold a Class D-49 license may not submit bids using a sub-contractor that holds a Class D-49 license to perform the work. A Class C-27 license is not acceptable for this bid. 14. Site Inspection: Bidders are encouraged to inspect the site(s)to satisfy themselves in reference to all general and local conditions that may affect the cost of performance of the work. To arrange a site visit please contact Rick Minjares, Parks Maintenance Supervisor at (760) 323- 8283. In no event will a failure to inspect the site(s) constitute grounds for withdrawal of a Bid after the Bid Opening or for a claim after Award. 15. Local Preference in Public Works Contracts (Sub-Contracting). The prime contractor shall use good faith efforts to subcontract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose work force resides within the Coachella Valley. The prime contractor shall submit evidence of such good faith efforts at the time of submission of bids. Good faith efforts may be evaluated by placing advertisements inviting proposals in local newspapers, sending request for proposals to local sub-contractors, or by demonstrating that no local sub-contractors are qualified to perform the work or supply the materials or equipment. Any notice inviting bids which may require the use of sub-contractors shall include notification of this subsection. The City Council or Director may reject as non- responsive the bid of any contractor proposing to use sub-contractors that fail to comply with the requirements of this subsection. 16. Basis of Award: It is the City's intent to base the award on the lowest responsive and responsible Bidder of the unit prices submitted on the Bid Pricing Page of this document for the Grand Total of Schedule A. However, the City reserves the right to modify the estimated quantities up or down as may be required, or make no award, whichever is in the best interests of the City. 17. Bid Bond: Each Bid must be accompanied by cash, a certified or cashier's check or Bidder's bond on the prescribed form and made payable to the City of Palm Springs for an amount equal to at least ten percent (10%) of the amount Bid (maximum award value of grand total of Schedule A). Such guaranty shall be forfeited should the Bidder to whom the work is awarded fail to furnish the required proof of insurance, bonds and enter into an Agreement with the City within the period of time provided by the IFB's requirements. 18. Notice of Award: After Award of the Bid by the Palm Springs City Council, a Notice of Award letter will be issued to the successful Bidder. The successful Bidder shall provide all required Certificates of Insurance within 14 calendar days and execute the Agreement. 19. Performance Bond and Insurance: The successful Bidder shall furnish within 14 calendar days after Notice of Award, a Performance Bond in the sum of the amount of the agreement. The successful Bidder shall maintain the validity and enforcement of said bond for the duration of the 6 Contract. Also, the successful Bidder shall furnish within 14 calendar days after Notice of Award certificates of Insurance as per the instructions contained herein in Exhibit"A". 20. Payment/Labor and Materials Bond: Concurrently with the execution of the Agreement, the successful Bidder shall furnish within 14 calendar days after Notice of Award, a Payment/Labor and Materials Bond in the sum of the amount of the agreement. The successful Bidder shall maintain the validity and enforcement of said bond for the duration of the Contract. 21. Notice to Proceed: A Notice to Proceed letter will be issued upon receipt of the required and approved Certificate of Insurance and the required banding. The successful Bidder shall begin Work immediately or as soon as is reasonable from the date of the Notice to Proceed and shall complete all work specified in this document within thirty(30) days from the date indicated on the Notice to Proceed. 22 Increases to Scope of Work: The City may, at any time Work is in progress, by written Order, make alterations in the terms of the Work as shown in the Specifications, require the performance of extra work, or make such other changes as the City may find necessary or desirable. The successful Bidder shall not claim forfeiture of Contract by reason of such changes by the City. The amount of compensation to be paid to the Contractor for any extra Work as so ordered shall be determined by unit prices quoted on the Bid pages of these documents. 23. Decreases to Scope of Work: The City may, at any time work is in progress, decrease the quantity of the Work to be performed under this Contract. The Contractor shall execute the Work as so ordered by the City, and the difference occasioned by the decrease shall be deducted from the amount payable under this Contract. The amount of such deduction(s) shall be determined by the unit prices quoted on the Bid pages of these documents. If such changes diminish the quantity of the Work to be done, they shall not constitute a claim for damages or for losses of anticipated profits if the Work which may be dispensed with and the Contractor shall not claim forfeiture of Contracts by reason of such changes by the City. 24. Acceptance of Work: During performance and upon completion of the Work on this project, the Contractor will remove all equipment and instruments of service, all excess or unsuitable material, trash, rubbish and debris, including pods and fronds, and legally dispose of same, unless otherwise directed by these Specifications. The Contractor shall leave the entire area in a neat, clean and acceptable condition as approved by the Parks Maintenance Supervisor (Contract Administrator)or his designee. 25. Final Determination: The Bidder agrees that the City has the right to make all final determinations as to whether the Work has been satisfactorily completed. 26. Permits: The successful Contractor shall be responsible for obtaining any and all necessary permits required for conducting work in the public right-of-way, including a (no-fee) City of Palm Springs permit. 27. Completion Time/Period to perform the work: All work must be completed within 4 weeks (30 days) of the Notice to Proceed. Work shall be scheduled and conducted in a cooperative manner in order to give the least possible interference with or annoyance to others. It shall be the Contractor's responsibility to work out, if necessary, any cooperative Work schedules. Work shall not be performed on weekends or holidays. 28 Time of the Essence: Time is of the essence in performance of the Work. 29. Liquidated Damages: Since the determination of actual damages for any delay in performance of the Work would be extremely difficult or impractical to determine in the event of a breach of the completion time, the Contractor and its sureties shall be liable for and shall pay to the City the sum of two hundred and fifty dollars ($250) per day as liquidated damages for each working day of delay in performance of any service required. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 30. Pricing Information from the last two years (2010 and 2011): In 2010 the City awarded Schedule A only, the contractor was Mariposa Landscapes Inc, and the pricing was $14 per tree for Pod removal only; $36 per tree for Pod and Frond removal; and $65 per tree for Date Palms (Frond, Pod & Fruit removal). In 2011 the City awarded Schedule A only, the contractor was Padilla Tree Service, and the pricing was $7.25 per tree for Pod removal only; $24.25 per tree for Pod & Frond removal; and $32.25 per tree for Date Palms (Frond, Pod & Fruit removal). The Queen and Blue Palm Frond Removal is new to this bid for 2012 and as such there is no prior pricing information to provide. 31. Budget for this project: The budget that will be allocated to this effort has not been finalized and is dependent on the results of this bid and the corresponding unit pricing so that, if necessary, the City may adjust the estimated tree quantities up or down. 8 CITY OF PALM SPRINGS, CA: INVITATION FOR BIDS NO. 12-15 GENERAL SPECIFICATIONS 1. Locations: Tree work shall be performed at the locations indicated on the attached list and supervised by the Parks Maintenance Supervisor, or his designee. 2. Description of Work: Work is to be performed on the palm trees described on the attached list: A. Remove seed pods from all trees. B. Remove all existing wind damaged frond skirts. C. Remove fronds from trees as indicated on the attached list. Fronds shall be trimmed in such a manner that the lowest remaining green fronds are approximately parallel to the ground surface. D. Remove Fronds, Seed pods and fruit from the Date Palms as indicated on the attached list. E. See Palm Tree Trimming Policy Exhibit "B" (please reference this document for the treatment of palm frond skirts) Bidders are strongly advised to inspect these trees before submitting a bid. 3. Standards of Operations and Workmanship: A. It shall be the responsibility of the Contractor to become aware of and comply with all ordinances and policies concerned with and/or relating to the herein described work. B. The Contractor shall adhere to all CAL/OSHA safety standards pertaining to tree trimming and right of way maintenance. C. ALL TRAFFIC CONTROL SHALL COMPLY WITH CALTRANS' MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION / MAINTENANCE WORK ZONES, 1990 EDITION. ALL REQUIRED ARROWBOARDS SHALL BE SOLAR-POWERED. D. Adequate warning devices, barricades, guards, flagmen, or other necessary precautions shall be taken by the Contractor to give advice and reasonable protection, safety and warnings to persons and vehicular traffic concerned in the area. ARROWBOARDS AND DELINEATIONS ARE REQUIRED FOR TRIMMING OPERATIONS CONDUCTED FROM ANY PORTION OF CITY STREETS. E. Work shall be scheduled and conducted in a cooperative manner in order to give the least possible interference with or annoyance to others. It shall be the Contractor's responsibility to work out, if necessary, any cooperative Work schedules. Work shall not be performed Fridays (due to current furlough program)or on weekends or holidays. F. All Work shall be done by qualified and trained persons in a workmanlike manner. A qualified foreman shall be present to oversee and direct the Work at all times. G. All forms of debris resulting from this Work shall be removed and legally disposed of. Work sites shall be swept clean of any debris resulting from tree trimming, skinning, and/or seed pod removal. H. Any adjacent shrubs, trees or growth receiving or sustaining breakage, injury or other damage shall be given remedial or corrective treatment and cleanup. Any and all damages resulting from the Contractor's operations shall be reported to the Parks Maintenance Supervisor or his designated representative immediately. I. All equipment operators shall be properly and legally licensed for the equipment in their use. Class A and B licenses are required for operation of vehicles over 26,000 lbs. GVW. J. Final judgment pertaining to workmanship, practices, safety, or any issue pertinent to the successful completion of the Contract shall be made by the Parks Maintenance Supervisor, or his designee. 9 CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS NO. 12-15 LOCATIONS OF THE WORK 'Disposal required for debris from all trees` PART SECTION I: NORTH PALM CANYON DRIVE 001-2451-43065 A. NORTH PALM CANYON DRIVE, east side, Alejo north to City entry way, 159 Trees total: Pods Only 113 Filifera Pods and Fronds 46 Robusta B. NORTH PALM CANYON DRIVE, west side, City entry way south to Alejo, 185 Trees total: Pods Only 81 Filifera Pods and Fronds 104 Robusta C. ISLAND WEST OF NORTH PALM CANYON at Vista Chino, 4 Trees total: Pods and Fronds 4 Robusta D. NORTH PALM CANYON entry way sign, 24 Trees total: Pods Only 21 Filifera Pods and Fronds 3 Robusta SECTION It: CENTRAL BUSINESS DISTRICT 001-2451-43065 A. PALM CANYON DRIVE, west side, Alejo to Ramon (not including Amado to Tahquitz Canyon), 129 Trees total: Pods Only 50 Filifera Pods and Fronds 79 Robusta B. PALM CANYON DRIVE, east side, Alejo to Ramon, 148 Trees total: Pods Only 80 Filifera Pods and Fronds 68 Robusta C. TAHQUITZ CANYON WAY, south and north sides, between Belardo and Indian Canyon, 49 Trees total: Pods Only 37 Filifera Pods and Fronds 12 Robusta D. AZUL RESTURANT, parking lot, 400 N. Palm Canyon Dr., 8 Trees total: Pods and Fronds 8 Robusta E. ANDREAS PLAZA(Palm Canyon and Andreas 201 N Indian Canyon Dr)4 Trees Total: Pods only 4 Filifera F. BELARDO, from Alejo to Baristo, east side of street, 31 Trees total: Pods only 2 Filifera Pods and Fronds 29 Robusta 10 G. NORTH PARKING LOT, off Indian Canyon, (261 N Indian Canyon Dr. next to fire station) 24 Trees total: Pods Only 1 Filifera Pods and Fronds 23 Robusta H. PARKING STRUCTURE, at Baristo and Indian Canyon, 6 Trees total: Pods only 3 Filifera Pods and Fronds 3 Robusta I. MERCADO PLAZA DRIVE, (Andreas and Palm Canyon) 14 Trees total: Pods Only 4 Filifera Pods and Fronds 6 Robusta Fronds, Pods and Fruit 4 Date Palms J. INDIAN CANYON DRIVE, 139 Trees Total: 1. SOUTH OF RAMON, west side: Pods and Fronds 6 Robusta 2. WEST OF RAMON, south side: Pods Only 5 Filifera 3. RAMON TO ALEJO, east side: Pods only 11 Filifera Pods and Fronds 53 Robusta 4. RAMON TO ALEJO, west side: Pods only 37 Filifera Pods and Fronds 27 Robusta K. ARENAS ROAD, (Palm Canyon to Indian Canyon)7 Trees total: Pods and Fronds 7 Robusta L. VILLAGE GREEN (221 South Palm Canyon Dr.), 1 Tree total: Pods only 1 Filifera M. CHAMBER OF COMMERCE, 190 W. Amado Road, 6 Trees total: Pods Only 6 Robusta N. CHINO DRIVE (between N Palm Canyon Dr. and N Patencio Rd on the medians), 59 Trees Total: Pods only 2 Filifera Pods and Fronds 57 Robusta 11 SECTION III: SOUTH PALM CANYON DRIVE 001-2451-43065 A. RAMON TO PALO FIERRO, both sides, 166 Trees total: Pods Only 54 Filifera Pods and Fronds 112 Robusta B. WEST PALM CANYON, east side, 7 Trees Total Pods and Fronds 7 Robusta C. SUN CENTER ISLAND, (small island between Indian Canyon and Palm Canyon)2 Trees Total: Pods only 2 Filifera SECTION IV: GOVERNMENT BUILDINGS 001-2451-43065 A. CITY HALL, 3200 Tahquitz Canyon Way, 61 Trees total: Pods Only 26 Filifera Pods and Fronds 35 Robusta *NOTE*: Enaineerina Dept palm tree-do NOT trim fronds-sacred tree B. COGENERATION BUILDING north of City Hall, 16 Trees total: Pods Only 16 Filifera C. CIVIC DRIVE south of Livmor, 13 Trees total: Pods and Fronds 13 Robusta D. POLICE DEPARTMENT, 200 South Civic Drive, 15 Trees total: Pods and Fronds 15 Robusta E. POLICE DEPARTMENT TRAINING CENTER, 200 South Civic Drive,14 Trees total: Pods Only 6 Fifiera Pods and Fronds 8 Robusta F. PALM SPRINGS BOXING CLUB BUILDING (corner of El Cielo and Arenas Rd), 11 Trees total: Pods Only 1 Fifiera Pods and Fronds 10 Robusta G. ABOP end of Vella Road, 6 Trees total: Pods Only 4 Filifera Pods and Fronds 2 Robusta H. ANIMAL SHELTER(4575 Mesquite at corner of Vella Road), 18 Trees total: *These will NOT be trimmed in this FY 12-13 Palm Tree Trimming contract. Pods Only 14 Filifera Pods and Fronds 4 Robusta I. COUNTY BUILDING on Tahquitz Canyon across from City Hall, 25 Trees total Pods Only 1 Filifera Pods and Fronds 24 Robusta 12 J. CORPORATE YARD(477 N Civic Dr.), 40 Trees total: Pods Only 7 Filifera Pods and Fronds 33 Robusta SECTION V: TAHQUITZ CANYON WAY AND SOUTH PARKWAYS 001-2451-43065 A. EL CIELO TO INDIAN CANYON, center median strips, 86 Trees total: Pods and Fronds 86 Robusta B. RAMON AND SUNRISE WAY, on the frontage road between Cerritos and Parocela, 25 Trees total: Pods and Fronds 25 Robusta C. LAVERNE WAY(east side from Caliente to Toledo), 42 Trees total: Pods only 40 Filifera Pods and Fronds 2 Robusta D. COCO'S/US BANK, (1701 Palm Canyon to 1901 Palm Canyon on Frontage road), East Palm Canyon: 15 Trees total: Pods and Fronds 15 Robusta E. SADDLEROCK/DIPLOMAT, (between Farrell Dr and Cerritos Rd. East Palm Canyon frontage road), 25 Trees total: Pods and Fronds 25 Robusta F. CATHEDRAL CANYON BIKE PATH, (starts at Cathedral Canyon Dr. and Paseo Azuleio ends at Golf Club Dr.)42 Trees Total: Pods and Fronds 42 Robusta G. CANYON SANDS, East Palm Canyon (between S Linden Way and Gene Autry), 9 Trees total: Pods Only 8 Robusta Pods and Fronds 1 Date palm H. SAGUARO HOTEL, 1800 E Palm Canyon Dr. : 7 Trees total: Pods only 5 Filifera Pods and Fronds 2 Robusta I. INDIAN TRAIL AND RAMON ROAD(between Ramon Rd. and E Sunny Dunes Rd.), 50 Trees total: Pods only 34 Filifera Pods only 16 Robusta('these are trimmed like Filifera) J. LAS PALMAS-WEST ISLAND (371 N Via Las Palmas), 6 Trees Pods only 6 Filifera K. LAS PALMAS- EAST ISLAND (200 S Via Las Palmas), 2 Trees total: Pods only 2 Filifera 13 L. MOUNTAIN VIEW ISLAND (between Prescott Dr. and Mission Rd.), 16 Trees total: Pods and Fronds 16 Filifera M. HERMOSA& MISSION (400 Hermosa PI.), 1 Tree total: Pods only 1 Filifera N. GOLF CLUB DRIVE (between E. Palm Canyon Dr. and 34th. Ave.), 100 Trees total: Pods and Fronds 100 Robusta O. NORTH RIVERSIDE, 90 Trees total: Pods only 60 Filifera Pods and Fronds 30 Robusta P. SOUTH RIVERSIDE, 38 Trees total: Pods Only 34 Filifera Pods and Fronds 4 Robusta 0. BIRDIE WAY(between E. Waverly Dr and Eagle Way), 5 Trees total: Pods only 1 Filifera Pods and Fronds 4 Robusta R. GENE AUTRY TRAIL, (S. Gene Autry and E. Par Dr.) 3 Trees total: Pods only 3 Filifera SECTION Vl: PARKWAY DISTRICTS 001-2451-43550/001-2451-43500 A. PARK SONORA, (on El Cielo between Sonora and Anzuelo Cir.), east side, 25 Trees total Pods and Fronds 9 Robusta Pods only 16 Filifera B. DESERT DORADO, northeast corner of Sunrise Way&Alejo, 0 Trees total this year (*This district is not being included in the FY 12-13 Palm Tree Trimming contract) 0 Trees Pods and Fronds C. CAMELOT VILLAS, North of Sonora west side, 0 Trees Total this year, 001-2451-43510 (*This district is not being included in the FY 12-13 Palm Tree Trimming contract) 0 Trees Pods and Fronds D. RANCHO PARK, South of Sonora west side, 0 Trees Total this year, 001-2451-43530 (*This district is not being included in the FY 12-13 Palm Tree Trimming contract) 0 Trees Pods and Fronds E. CHIA ROAD, Gene Autry&Chia South side, 24 Trees total, 001-2451-43530 Pods only 24 Filifera F. SUNRISE N. SAN RAFAEL &3200 MT. SHADOW DR., DR(SAN RAFAEL & 3200 MT. SHADOW DR.)4 Trees Total, 001-2451-43560 Pods and Fronds 4 Robusta 14 G. VINTAGE PALMS SAN RAFAEL& N. CABALLEROS, 37 Trees Total, 001-2451-43560 Pods and Fronds 37 Robusta H. MID-VALLEY PARKWAY, Dinah Shore Dr. (from Gene Autry to Dinah Shore Bridge) 96 Trees Total, 001-2451-43065 Pods and Fronds 96 Robusta I. FLORA VISTA(Corners of E. Racquet Club Rd. and Via Escuela on Sunrise) 10 Trees Total, 001-2451-43580 Pods and Fronds 10 Robusta J. MOUNTAIN GATE, (Gateway and Palm Canyon going north and back gate on Tramview) 125 Trees total: Pods only 116 Filifera Pods and Fronds 9 Robusta SECTION VII: PARKS 001-2451-43065 A. SUNRISE PARK, 201 South Pavilion Way, 173 Trees total COGENERATION BUILDING: Pods only 3 Filifera Pods and Fronds 13 Robusta PAVILION BUILDING: Pods and Fronds 18 Robusta LEISURE SERVICES BUILDING: Pods and Fronds 38 Robusta SWIM CENTER: Pods only 4 Filifera Pods and Fronds 14 Robusta PALM SPRINGS STADIUM - FRONT ENTRANCE: Pods and Fronds 4 Robusta PALM SPRINGS STADIUM - BEHIND SCORE BOARD: Pods only 2 Filifera CORNER OF BARISTO AND PAVILION WAY: Pods and Fronds 1 Robusta AREA WEST OF BASKETBALL COURT: Pods Only 24 Filifera Pods and Fronds 18 Robusta 15 MIZELL SENIOR CENTER: Pods and Fronds 11 Robusta BOYS&GIRLS CLUB: Pods only 5 Filifera Pods and Fronds 7 Robusta Fronds, Pods and Fruit 2 date palms, B. BARISTO PARK, Calle El Segundo and Calle Encilia, 7 Trees total: Pods and Fronds 7 Filifera C. FRANCES STEVENS PARK, 550 North Palm Canyon Drive, 43 Trees total (median islands at Indian Canyon &Alejo) Pods only 21 Filifera Pods and Fronds 18 Robusta Fronds, Pods 4 Queen Palms D. DESERT HIGHLAND PARK, 480 North Tramview Road, 18 Trees total: Pods only 3 Filifera Pods and Fronds 15 Robusta E. DEMUTH PARK and median islands 4365 East Mesquite Avenue, 143 Trees total: 1. EAST AREA: Pods and Fronds 26 Robusta 2.WEST AREA: Pods and Fronds 11 Robusta 3. CENTER AREA: Pods Only 7 Filifera Pods and Fronds 29 Robusta 4. COMMUNITY CENTER: Pods only 3 Filifera Pods and fronds 11 Robusta 5. MESQUITE AVE. (between Vella and El Cielo Rd. at Demuth park): A. NORTH SIDE OF STREET: Pods and fronds 0 Robusta B. SOUTH SIDE OF STREET: Pods only 11 Filifera Pods and fronds 10 Robusta C. MEDIAN: Pods and fronds 18 Robusta Pods only 7 Filifera 16 F. RUTH HARDY PARK, 700 Tamarisk Road, 60 Trees total: Pods Only 57 Filifera Pods and Fronds 3 Robusta G. VICTORIA PARK, 2744 North via Miraleste off vista chino, 3 Trees total: Pods only 3 Filifera H. GATEWAY PARK, (West Side of Gene Autry Trail between Vista Chino and Chia Road) 33 total trees: Pods only 33 Filifera 1. GATEWAY PARKWAYS/MEDIAN (west and east sides of Gene Autry Trail; including median, all areas between Vista Chino and Via Esquela): Pods only 32 Filifera Pods only 30 Blue Palms I. WELLNESS PARK(next to Ruth Hardy Park)46 trees total: Pods only 45 Filifera Pods and Fronds 1 Robusta SECTION VIII: PALM SPRINGS INTERNATIONAL AIRPORT 505 total trees 415-6175-43065 A. FRONT OF AIRPORT TERMINAL, PARKING LOTS, Pods and Fronds 343 Robusta B. AIRPORT OPERATION AREA, TERMINAL &SECURED AREAS Pods and Fronds 92 Robusta C. TAXI BUILDING Pods and Fronds 12 Robusta D. KIRK DOUGLAS WAY Pods and Fronds 27 Robusta E. CUSTOMS BUILDING Pods and Fronds 12 Robusta F. VISTA CHINO AND FARRELL DR. Pods and Fronds 19 Robusta SECTION IX: FIRE STATIONS, 3520-43060 A. FIRE STATION 443, East Racquet Club and Via Miraleste, 5 Trees total: Pods only 2 Filifera Pods and Fronds 3 Robusta 17 B. FIRE STATION 444, La Verne and Caliente, 10 Trees total: Pods only 1 Filifera Pods and Fronds 9 Robusta C. FIRE STATION 445, Bolero Road and Golf Club Drive, 4 Trees total: Pods only 1 Filifera Fronds, Pods and Fruit 3 date palms D. TRAINING CENTER, East Alejo Road, 3 Trees total: Pods only 1 Filifera Pods and Fronds 2 Robusta E. Train Station,W hitewater Road, 19 Trees Total: Pods only 19 Filifera SECTION X: MEDIAN ISLANDS A. Sunrise—Racquet Club to north end median, 24 Trees total: Pods only 24 Filifera B. North Indian entrance, 5 Trees total: Pods only 5 Filifera C. North Indian median islands—San Rafael to Radio Road, 8 Trees total: Pods only 8 Filifera D. Sunrise& Ramon median/also North of Tahquitz, 9 Trees total: Pods only 3 Filifera Pods and Fronds 6 Robusta E. Ramon west of Sunrise, 3 Trees total: Pods only 3 Filifera (*End of locations and tree counts*) 18 CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BID(IFB) NO. 12-15 BID PRICING PAGE Responding to an Invitation for Bids for Palm Tree Trimming: Schedule A - Seed Pod/Frond/Fruit Removal at various locations in the City of Palm Springs, the undersigned Bidder agrees to furnish all labor, equipment, materials, supervision and service necessary to complete the job requirements as outlined in the Detailed Specifications. It is the City's intent to base the award on the lowest responsive and responsible Bidder of the unit prices submitted on this page for the Grand Total of Schedule A. However, the City reserves the right to make no award, or modify the estimated quantities up or down as may be required, whichever is in the best interests of the City. I/WE PROPOSE AND AGREE to furnish all labor, equipment, materials, supervision and service necessary to complete said Work in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore, the following amounts: SCHEDULE A: UNIT PRICE X #TREES = TOTAL COST POD REMOVAL ONLY: $ Ea. X 1223 = $ POD AND FROND REMOVAL ONLY: $ Ea. X 2164 = $ DATE PALMS: FROND, POD & FRUIT $ Ea. X 10 = $ FROND REMOVAL ONLY(QUEEN): $ Ea. X 4 = $ FROND REMOVAL ONLY(BLUE PALMS): $ Ea. X 30 = $ (3ZI Total#Trees) TOTAL SCHEDULE A: $ It is understood and agreed that this Bid may not be withdrawn for a period of sixty (60) calendar days from the Date and time of the Bid Opening thereof, and at no time in the case of the successful Bidder. ACCEPTANCE OF SITES, CONDITIONS, AND WORK TO BE DONE IS_or IS NOT HEREBY ACKNOWLEDGED (YOU MUST CHECK ONE). The existing conditions and descriptions of work are intended to give Prospective Bidders a general idea of the work to be done, however each bidder is STRONGLY ADVISED to visit and inspect the site(s) and satisfy himself as to the exact conditions and requirements of the work to be done and submission of a bid will be prima facia evidence of this site visit. Failure of a bidder to visit and inspect the sites shall constitute acceptance of ALL pre-existing site conditions and shall constitute as a waiver of any and all future claims relating to said conditions. Failure to acknowledge acceptance of the conditions of the sites and requirements of the work will result in your bid being deemed non-responsive. (sign) NAME OF BIDDER(PERSON, FIRM, CORP.) SIGNATURE OF AUTHORIZED REPRESENTATIVE ADDRESS NAME&TITLE(PRINT OR TYPE) ADDRESS TELEPHONE NUMBER DATE FAX NUMBER E-MAIL ADDRESS 19 ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this IFB is required by including the acknowledgment with your bid. Failure to acknowledge the Addenda issued may result in your bid being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addendum: Addendum(s)# is/are hereby acknowledged Send via mail (sealed)to: or Deliver via courier(sealed)to: City of Palm Springs/Procurement City of Palm Springs Procurement 3200 E. Tahquitz Canyon Way 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Palm Springs, CA 92262 PLEASE NOTE THAT PALM SPRINGS CITY HALL IS CLOSED EVERY FRIDAY DUE TO THE CURRENT FURLOUGH PROGRAM, AND THEREFORE IS NOT ABLE TO ACCEPT, TIME OR DATE STAMP ANY SUBMITTALS/BIDS ON FRIDAYS (OR WEEKENDS). PLEASE TAKE THIS INTO CONSIDERATION WHEN DELIVERING A SUBMITTAUBID BY THE DUE DATE AND TIME AS DEFINED IN THIS DOCUMENT. LATE BIDS WILL NOT BE ACCEPTED - NO EXCEPTIONS! 20 CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS NO. 12-15 BIDDER'S REFERENCE LIST List at least five (5) references for which you have provided palm tree trimming services within the last three years with requirements similar to the scope of work outlined in these documents. 1) NAME OF BUSINESS/AGENCY: ADDRESS CONTACT PERSON TELEPHONE# 2) NAME OF BUSINESS/AGENCY: ADDRESS CONTACT PERSON TELEPHONE# 3) NAME OF BUSINESS/AGENCY: ADDRESS CONTACT PERSON TELEPHONE# 4) NAME OF BUSINESS/AGENCY: ADDRESS CONTACT PERSON TELEPHONE# 5) NAME OF BUSINESS/AGENCY: ADDRESS CONTACT PERSON TELEPHONE# 21 CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS NO. 12-15 AFFIDAVIT OF NON-COLLUSION STATE OF CALIFORNIA ) ) SS COUNTY OF RIVERSIDE) The undersigned, being first duly sworn, deposes and says that he or she is Of , the party making the foregoing bid. That the bid is not made in the interests of, or on the behalf of, any undisclosed person, partnership company, association, organization, or corporation; that the bid is genuine and not collusive or 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 thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or any other member or agent thereof to effectuate a collusive or sham bid. By: Title Subscribed and sworn to before me this day of , 201_ Notary Public in and for said County and State FIDAVI.FRM 22 CITY OF PALM SPRINGS, CALIFORNIA INVITATION FOR BIDS NO. 12-15 BID BOND FORM KNOW ALL MEN BY THESE PRESENTS, That as Principal, and as Surety, are held and firmly bound unto The City of Palm Springs, hereinafter called the "City" in the sum of: dollars (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. WHEREAS, said Principal has submitted a bid to said City to perform the Work required under the bidding schedule of the City's Contract Documents entitled: PALM TREE TRIMMING: SEED POD/FROND REMOVAL AT VARIOUS LOCATIONS IN THE CITY OF PALM SPRINGS IFB No. 12-15 NOW THEREFORE, if said Principal is awarded a contract by said City, and, within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said City and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this day of ,201 (SEAL) (SEAL) (SEAL) (Principal) (SEAL) (Surety) By: (Signature) (SEAL AND NOTARIAL By: ACKNOWLEDGMENT OF SURETY) (Signature) 23 BIDDER'S GENERAL INFORMATION PALM TREE TRIMMIMG: SEED POD/FROND REMOVAL, IFB 12-15 The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: 2. CONTRACTOR'S Telephone Number: ( ) Facsimile Number: ( ) 3. CONTRACTOR'S License: Primary Classification State License Number(s) Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety Address Surety Company Telephone Numbers: Agent( ) Surety( ) 5. Type of Firm (Individual, Partnership or Corporation): 6. Corporation organized under the laws of the State of: 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: 8. Number of years experience as a contractor in this specific type of construction work: 9. List the name and title of the person who will supervise full-time the proposed work for your firm: 10. Is full-time supervisor an employee contract services 11. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. WAIVED 24 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, And as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, State of California, hereinafter called the "City," in the sum of: dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said City to perform the Work as specked or indicated in the Contract Documents entitled: PALM TREE TRIMMING: SEED POD/FROND REMOVAL AT VARIOUS LOCATIONS IN THE CITY OF PALM SPRINGS, IFB NO. 12-15 NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for, or contributing to, said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefore, shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. 25 PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this day of , 2012. CONTRACTOR: (Check one:_individual, partnership, _corporation) (Corporations require two signatures; one from each of the following groups: A. Chairman of Board, President, or any Vice President; AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). By Signature(NOTARIZED) Print Name and Title: By Signature(NOTARIZED) Print Name and Title: SURETY By Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) 26 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, And as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, hereinafter called the "City," in the sum of: dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: PALM TREE TRIMMING: SEED POD/FROND REMOVAL AT VARIOUS LOCATIONS IN THE CITY OF PALM SPRINGS, IFB No. 12-15 NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this day of 2012. CONTRACTOR: (Check one: _individual, ____partnership, _corporation) (Corporations require two signatures;one from each of the following groups:A.Chairman of Board, President,or any Vice President; AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). By SURETY: Signature(NOTARIZED) Print Name and Title: By By Signature(NOTARIZED) Title Print Name and Title: (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) 27 AGREEMENT THIS AGREEMENT made this day of in the year 2012, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -- THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s)of the City's Contract Documents entitled: PALM TREE TRIMMING: SEED POD/FROND REMOVAL AT VARIOUS LOCATIONS IN THE CITY OF PALM SPRINGS, IFI3 No. 12-15 The Work is generally described as follows: The trimming of seed pods and fronds, and the proper disposal of debris, from palm trees at various public locations throughout the City of Palm Springs. ARTICLE 2-- COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum of $ 250.00 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3-- CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). 28 ARTICLE 4--THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions (Exhibit "A"), the Drawings, Addenda numbers to , inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5-- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. ARTICLE 6 -- NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. 29 ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk BY City Manager APPROVED AS TO FORM: Date By City Attorney APPROVED BY THE CITY COUNCIL: Date Date Agreement No. Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. CONTRACTOR: Name: Check one:_Individual_Partnership_Corporation Address: By: By: Signature(notarized) Signature(notarized) Name: Name: Title: Title: (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the following: Chairman of the space by one of the following: Secretary, Chief Board, President or any Vice President) Financial Officer or any Assistant Treasurer) State of I State of I . County of C'ss County of I ss 30 On On before me, before me, personally appeared personally appeared who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and is/are subscribed to the within instrument and acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon instrument the person(s), or the entity upon behalf behalf of which the person(s)acted, executed the of which the person(s) acted, executed the instrument. instrument. I certify under PENALTY OF PERJURY under I certify under PENALTY OF PERJURY under the the laws of the State of California that the laws of the State of California that the foregoing foregoing paragraph is true and correct. paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: 31 WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contractor By Title 32 EXHIBIT "A" SAMPLE CERTIFICATE OF INSURANCE THIS CERTIFICATE ISSUED TO THE OWNERIAGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED NAME AND ADDRESS OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE COMPANY A B C D TYPE OF WORK PERFORMED AND LOCATION LIMITS OF LIABILITY IN THOUSANDS WOOD) TYPE OF INSURANCE POLICY NUMBER EACH OCCURRENCE AGGREGATE COMPREHENSWE GENEML UABILITY Including: $ $ ❑ EXPLOSION AND COLLAPSE BODILY INJURY $ $ ❑ UNDERGROUND DAMAGE ❑ OPERATIONS or TY orDAMAGE PRODUCTBKOMPLETED OPETIONS ❑ CONTRACIJAL INSURANCE ❑ BROAD FORM PROPERTY DAMAGE $ ❑ $ BODILY INJURY AND INDEPENDENT CONTRACTORS PROPERTY ❑ PERSONAL INJURY DAMAGE COMBINED PERSONAL INJURY $ COMPREHENSIVE AUTOMOBILE BODILY INJURY LIABILITY EACH PERSON $ Including: EACH ACCIDENT ❑ OWNED $ ❑ PROPERTY DAMAGE HIRED ❑ NON OWNED or BODILY INJURY ElMOTORCARRIERACT AND PROPERTY DAMAGE COMBINED $ EXCESS LIABILITY BODILY INJURY Including: DAM AND PROPERTY ❑ EMPLOYER'S LIABILITY AGE COMBINED $ WORKER'S COMPENSATION STATUTORY and EMPLOYER'S LIABILITY Including: $ (FACH ❑ ACCIDENT) HARBOR L SHOREM AND HgRBOR WORKERS OTHER ADDITIONAL INSURED ENDORSEMENT--CITY OF PALM SPRINGS The undersigned certifies that he or she is the representative of the above-named insurance companies,that he or she has the authority to execute and issue this certificate to Certificate Holder,and accordingly,does hereby certify on behalf of said insurance companies that policies of insurance listed above have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term,or condition of any contract or other document with respect to which this certificate may be issued or may Pertain,the insurance afforded by the policies described herein is subject to at the terms,exclusions,and conditions of such policies. Copies of the policies shown will be furnished to the Certificate Holder upon request. This Certificate does not amen,extend,or after the coverage afforded by the policies listed. Cancellation:Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will mail 30 days written notice to the below-named certificate holder: NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED BY ADDRESS 33 SUMMARY OF INSURANCE REQUIREMENTS FOR CITY CONTRACTS Instructions to Contractors/Vendors/Service Providers: Prior to commencing any work, all contractors, vendors and service providers shall procure and maintain, at their own cost and expense for the duration of their contract with the City, appropriate insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services. The types of insurance required and the coverage amounts are specified below: A. Minimum Scope of Insurance Required 1. General Liability Insurance is required whenever the City is at risk of third-party claims which may arise out of work or presence of a contractor, vendor and service provider on City premises. 2. Automobile Liability Insurance is required only when vehicles are used by a contractor, vendor or service provider in their scope of work or when they are driven off-road on City property. Compliance with California law requiring auto liability insurance is mandatory and can not be waived. 3. Workers' Compensation and Employer's Liability Insurances is required for any contractor, vendor or service provider that has any employees at any time during the period of this contract. Contractors with no employees must complete a Request for Waiver of Workers' Compensation Insurance Requirement form. 4. Errors and Omissions coverage is required for licensed or other professional contractors doing design, architectural, engineering or other services that warrant such insurance. B. Minimum Limits of Insurance Coverage Required Under$25,000 Limits TBD by Risk Manager Over$25,000 to $5,000,000 $1 Million per Occurrence/$2 Million Aggregate Over$5 Million Limits TBD by Risk Manager Umbrella excess liability may be used to reach the limits stated above. C. The following general requirements apply: 1. Insurance carrier must be authorized to do business in the State of California. 2. Insurance carrier must have a rating of or equivalent to B++, VII, by A.M. Best Company. 3. Coverage must include personal injury, protective and employer liability. 4. Certificate must include evidence of the amount of any deductible or self-insured retention under the policy. 5. Contractor's general liability and automobile insurance coverage must be primary and non-contributory over any insurance the City may maintain, that is, any such City insurance shall be excess to limits stated in the certificate. D. Verification of Insurance coverage may be provided bY: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement (see attached) with the following endorsements stated on the certificate: 34 1. "The City of Palm Springs, its officials, employees and agents are named as an additional insured" ("as respects a specific contract" or "for any and all work performed with the City" may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have" ("as respects a specific contract" or "for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. See Example A below. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers. See Example B below. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policy. All certificates and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the contractor's obligation to provide them. E. Acceptable Alternatives to Insurance Industry Certificates of Insurance: • A copy of the full insurance policy which contains a thirty (30) days' cancellation notice provision (ten (10) days for non-payment of premium) and additional insured and/or loss-payee status, when appropriate, for the City. • Binders and Cover Notes are also acceptable as interim evidence for up to 90 days from date of approval 35 F. Endorsement Language for Insurance Certificates Example A: SHOULD ANY OF THE ABOVE-REFERENCED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVORTO MAIL 30 DAYS* WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN BUT -I CAII I IRE TO AAA11 CI ICH NOTICE RHAI I IMPOSE NO GRI I(_ATION (1D LIABILITY ITV OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES *The broker/agent can include a qualifier stating "10 days notice for nonpayment of premium." Example B: "IT IS UNDERSTOOD AND AGREED THAT THE COMPANY '. WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED (S), BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED I HERETO." G. Alternative Programs/Self-Insurance. Under certain circumstances, the City may accept risk financing mechanisms such as Risk Retention Groups, Risk Purchasing Groups, off-shore carriers, captive insurance programs and self-insurance programs as verification of insurance coverage. These programs are subject to separate approval once the City has reviewed the relevant audited financial statements and made a determination that the program provides sufficient coverage to meet the City's requirements. THIS SPACE INTENTIONALLY LEFT BLANK 36 r EXHIBIT "B" City Palm Tree Trimming Policy RESOLUTION NO. 22475 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PALM TREE TRIMMING POLICY, AND SUPERSEDING ALL PREVIOUS PALM TREE TRIMMING PROCEDURES AND POLICIES. WHEREAS, The City of Palm Springs is world renowned for its distinctive palm lined streets, and psrkways, and these palms create the unique character that make Palm Springs a destination city;and WHEREAS, The City of Palm Springs is home to one of the largest compositions of heritage quality Cartfomia Fan Palms in their natural state,and WHEREAS, the City Council desires to sustain and maintain these. palm trees as a signature element of the City of Palm Springs,and tberwrore establishes this practice for the uniform trimming of City Fan Palms located within the public right of way. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS-DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1..AII California Fan Palms nia(Washingto frlifera) and Mexican Fan Palms (Washingtonia robusth) located within the public right of way, shall have the fruit pods removed. SECTION 2. California Fan Palms (Washingtonia Ifi fern) located within the public right of way, shag not have.fronds removed and shag retain their, "skirts", and their trunks shag not be skinned, but remain.fir the natural condition_ Fronds shag be sheared to Provide 1Z minimum clearance and fronds.at the skirt bottom shall be sheared to maintain_a dean look. SECTION 3. Mexican Fan Palau (Washingionia robusta)within the public right of way, . MAN have their dry fronds removed and their trunks shag be skinned. SECTION 4. Any previous resolutions ardor minute orders adopting or amending a palm tree trimming policy are hereby superseded. 37 Resolution No.22475 Page 2 ADOPTED this 6th day of May, 2009. David H. Ready, City M ATTEST: rues Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE-) s6. CITY OF PALM SPRINGS) I, JAMES THOMPSON; City Clerk'of the CSty of Palm Springs, hereby cam+ that Resolution No. 22475 is a full,true and cornea copy, and was duly adopted at a regular. meeting of the City Coundi of the City of Palm Springs on the a day of May, 2W9, by the following vote: AYES: Councllmember Foat, Councilcgmber Weigel, and Mayo Pougnet. NOES: Councilmember Hutcheson and Mayor Pro Tom Mills. ABSENT. None. ABSTAIN: Norie. mes Thomp�n, City Clerk a J$toj2t�°1 fty of Palm Springs. CaNfomia / l 38 Check a License - License Detail - Contractors State License Board Page 1 of 2 De ) rtment f Cor;�,(irxier A(ta ry Contractors State License Board Contractor's License Detail - License # 926963 &, DISCLAIMER:A license status check provides information taken from the CSLB license database.Before relying on this information,you should be aware of the following limitations. CSLB complaint disclosure is restricted by law(B&P 7124.6)If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P„7071.17, only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number 926963 Extract Date 6/11/2012 JIMMIE'S TREE SERVICE Business Information Business Phone Number: (562)423-6202 6773 OLIVE AVENUE _ _.. LONG BEACH,CA 90805 Entity Partnership Issue Date 01/06/2009 Expire Date 01/31/2013 License Status ACTIVE This license is current and active.All information below should be reviewed. CLASS DESCRIPTION Classifications D49 TREE SERVICE .:CONTRACTOR'S BOND. _. This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY, Bonding Bond Number: 100059240 Bond Amount:$12,500 Effective Date: 12/12/2008 WORKERS'COMPENSATION This license has workers compensation insurance with STATE COMPENSATION INSURANCE FUND Workers'Compensation Policy Number: 1966407 Effective Date: 02/19/2011 Expire Date: 02/01/2013 Workers Compensation,History https://www2.cslb.ca.gov/OnlineServices/CheekLicenseII/LicenseDetail.aspx?LicNum=92... 6/11/2012 Check a License - License Detail - Contractors State License Board Page 2 of 2 Personnel listed on this license(current or disassociated)are listed on other licenses. Personae;ListI Otner Licenses Conditions of Use I Privacy Policy Copyright©2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheekLicenseII/LicenseDetail.aspx?LieNum=92... 6/11/2012 Personnel List- Contractor State License Board Page 1 of I Department of Const rner Affairs . :. Contractors State Liq ns" a 3oard Contractor's License Detail (Personnel List) Contractor License#: 926963 Contractor Name: JIMMIE'S TREE SERVICE Click on the person's name to see a more detailed page of information on that person NAME TITLE ASSOCIATION DISASSOCIATION CLASS MORE DATE DATE CLASS QUALIFY MONNA BEVERLY VAIPULU PARTNER 01/06/2009 D49 GENERAL JOSEPH VAIPULU PARTNER 01/06/2009 Conditions of Use I Privacy Policy Copyright©2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/PersonnelList.aspx?LicNum=92... 6/11/2012 Home Improvement Registration Detail - Contractor State License Board Page 1 of I ) J ; n of ConsurnerAffairs Contractors State License 3oard Contractor's License Detail (Other Licenses) Contractor License#: 926963 Contractor Name: JIMMIE'S TREE SERVICE Select the license name you would like to check for additional status details CONTRACTOR'S NAME LICENSED WITH STATUS MONNA BEVERLY VAIPULU JIMMIE S TREE SERVICE INC Active Conditions of Use Priyacy_Policy Copyright©2610 State of California https://www2.cslb.ca.gov/OnlineServices/CheekLicenseII/MultipleLicense.aspx?LieNum=... 6/11/2012 City of Palm Springs, CA Procurement Contracfing Division Bid Abstract B I D ABSTRACT Vendor&Bid Amount Vendor&Bid Amount Vendor& Bid Amount Vendor& Bid Amount Vendor& Bid Amount Padilla Tree Service Jimmie's Tree Service WCA Mariposa Landscapes Desert View Tree_ PROJECT NO: IFB 12-15 Service PROJECT NAME: -- -- -" Palm Tree Trimming DUE DATE: 6111/2012 -- Total Schedule A - - -- - - - Total of all items4 9. V.5-3. eye.ca Whitnessed By: — Date: