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Vintage Associates, Inc dba Vintage Landscape Cost Proposal0). Vs�NTA GE SUCIA'I'L , INC. City of La Quinta Park Landscape Maintenance Services Project No. 2018-32 COST PROPOSAL Submitted by Vintage Associates,, In . Date: May 8, 2019 Vintage Landscape, Vintage Nurset-�). Vintage Ur Nbars. Tree Rite, Pilate Rite 78-755 Darby Road, Bermuda Dunes, CA 92201 • (760) 772-3673 • TheVintageCo.com ■ License #647984 SECTION 1240 PARK LANDSCAPE MAINTENANCE SERVICES PROJECT NO. 2018-32 SUMMATION - PROPOSAL FORM_ PARKS AND CIVIC FACILITIES Park Facility Unit Price $ 2,850 Annual Price $34,200 Adams Park Bear Creek Trail 8,100 97,200 North Bear Creek Trail Head 170 2,040 Nature Preserve 170 2,040 Civic Center Campus: Park City Nall 5,900 70,800 1,670 20,040 Library - - 910 10,920 Wellness Center 550 6,600 La Fonda Open Area 450 5,400 Tampico 250 3,000 Colonel Mitchell Paige Middle School Sports Fields 560 6,720 Cove Oasis: Trailhead 1,400 16,800 Entryway (Corner of Calle Tecate and Avenida Madero) 300 3,600 Parking Lot (corner of Calle Tecate and Avenida Bermudas) 300 3,600 Desert Pride Park 700 8,400 Eisenhower Park Mini Park 620 7,440 Fred Wolff Nature Preserve 340 4,080 Fritz Burns Park 2,550 30,600 La Quinta Park 3,760 45,120 Monticello Park (excluding Retention Basin) 1,880 22,560 Museum 190 2,280 Lumber Yard 220 2 640 Pioneer Park 2,700 32,400 Saguaro Park 1,060 12,720 Seasons Retention Basin 2,730 32,760 Sports Complex 1,790 21,480 Velasco Mini Park 870 10,440 Total Combined Projects 42,900 $515,880 TOTAL BASE PROPOSAL FOR THE 27 PARKS AND CIVIC FACILITIES: Five hundred fifteen thousand, eight hundred eighty dollars (IN WORDS) ($ $515,880 ry 1200-8 , �L% SUMMATION — PROPOSAL FORM RETENTION BASINS Retention Basins/Other Areas Unit Price Annual Price _ Calle Rondo Channel $ 960 $ 11,520 Youth Center (YMCA) on Moon River 325 3,900 Perimeter — Moon River east side (North of Ave 50) 340 4,080 Retention Basin e Acacia (Miles Ave/N Harland Dr) 990 11,880 Retention Basin - Cactus Flower #1 (Goldenrod Cir.) 660 7,920 Retention Basin - Cactus Flower #2 760 9,1Z0 (Foxtail Cir.) Retention Basin - Cactus Flower #3 600 (Iris Ct.) 7 200 Retention Basin - Cactus Flower #4 750 9,000 (Star Flower) Retention Basin Del Rey 1,700 , 20,400 (Bridgette Way/Desert Stream Dr) Retention Basin r Quinterra #1 (West Side) 760 9,120 Los Manos Dr. Retention Basin - Quinterra rr2 (Fast Side) 670 8,040 Los Manos Dr. Retention Basin - Rancho Ocotillo #1 570 6,840 (Rosada/Azui) Retention Basin v Ranches Ocotillo #2 (Ocotillo Dr.) 1,050 12,600 Retention Basin Topaz 430 5,160 (Desert Stream Dr/Dune Palms Rd) Retention Basin -- Adams Park 1,300 (44425 Adams Street) 15,600 Total Combined Projects: $11,865 $142,380 TOTAL BASE PROPOSAL FOR THE 15 RETENTION BASINS AND OTHER AREAS: One hundred forty two thousand, three hundred eighty dollars (IN WORDS) ($ 142,380 ) 1200-9 COMBINED PARKS AND CIVIC FACILITIES AND RETENTION BASINS Item No. Description ^ Unit Quantity Unit Price Annual Price 1 PARKS AND CIVIC FACILITIES RETENTION BASINS LS 27 $42,990 $515,880 2 LS 15 $11,865 $142,380 TOTAL $54,855monthly TOTAL COMBINED BASE PROPOSAL ITEMS: Six hundred fifty eight thousand, two sixty dollars _(IN WORDS) 658,260 w ) A. Initial Annual Contract Period will be for one year (12 months) or until rune 30, 2020. B. The City may elect to exercise an extension to renew this contract for four additional one-year terms with a ninety -day notice, on a year-to-year basis, contingent upon satisfactory wort` of the Contractor. Ca The City may authorize a maximum increase per year to the above listed contract amount based on the Local Greater Los Angeles Consumer Price Index for Los Angeles, Anaheim, and Riverside areas. 1200-10 SECTION 1250 NOTICE TO CONTRACTORCONTRA!9TOR TO ENTER 1NT'0 CONTRACT TO: Vintage Associates, Inc dba: Vintage Landscape (Name of Contractor) YOU ARE HEREBY NOTIFIED that a Contract has been awarded to you by the City of La Quinta (hereinafter referred to as "City") for the landscape maintenance services designated as: PARK LANDSCAPE MAINTENANCE SERVICES PROJECT NO. 2018-32 (hereinafter referred to as the "Work") in the CITY OF LA QUINTA, STATE OF CALIFORNIA. The Contract for said work is on file in the office of the City Clerk, and further, you are hereby required within fifteen days (15 days) after this Notice to enter into a contract with said City for the doing of said work and to furnish a Performance Bond in the amount equal to one -hundred percent (100%) and a Payment Bond, as required by law, in a sum of twenty-five percent (25%) of the contract price. DATED this day of , 2019. Monika Rodeva, CITY CLERK CITY OF LA QUINT, STATE OF CALIFORNIA 1200-11 SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal Vir°ape corporation, Incdba Vlrlta a Landscape to as � "City," �� and g p , herein referred to as, Contra,ctore WITNESSETFle In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services to perform Project No. 2018-32, Park Landscape Maintenance Services in the City of La Quinta, California pursuant to the Request For Proposal (RFP), the project Specifications, and Contractor's Proposal, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Proposal be in conflict with the Notice Inviting Proposals, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Propose shall be controlling in that order of precedence. The time frame for work shall be in accordance !,Xrith that specified in the Requests for, Qualifications and Proposals. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code Regulations, which are, as amended from time to time; incorporated herein by reference. 3. All -o)ork shall be done in a manner satisfactory to the Parks Superintendent. 4, Contractor shall commence work on July 11, 2019 after the issuance of a written Notice to Proceed. 5. In consideration of said work, City agrees to pay Contractor, such sums as shall be approved by Parks Superintendent at monthly sums and/or unit prices stated in the Contractor's Proposal, the base consideration All payments shall be subject to approval by the Parks Superintendent and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wades, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Propose, to any workman employed -for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections :1770-I.777, Labor Code of California). contreot 1300-1 Pursuant to Section 1770, et. sect., of the California Labor Code, the successful. proposer shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. These wage rates are available from the California Department of Industrial Relations' Internet website at http;Uwww.dlr,ca.gay. Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations at the time the contract is awarded. Contractors and subcontractors may find additional information for registering at the Department of Industrial Relations website at http://www.dir.ca.-gov/Public-Works/PublicWorks.html. Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project submitted on or after March 1, 2015 unless registered with the Department of Industrial Relations. Furthermore, all proposers and contractors are hereby notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract for public work on a public works project unless registered with the Department of Industrial Relations. Pursuant to Labor Code section 1771.4, all proposers are hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. Concurrently rllth the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Propose, the cost of which shall he paid by Contractor. 8. Except for the gross negligence or willful misconduct of an Indemnified Party (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnified Parties' option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from; 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; Contract 1300••2 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and 5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City. The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), M, (3), (4) and (5). Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost expense, ;udgr,-1ent, civil Nine or penalty, or liability was caused in part or contributed to by an Indemnified Party. However; without affecting the rights of City under any ;provision of this Contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by Contract between the parties or by the findings of a court of competent Jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of inability not attributable tG the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Contract. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Contract or this section. This indemnity shall survive termination of the Contract or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have under the law or under any other Contract Contract 1300-3 Documents or Agreements. In the event of any clairn or demand made against, any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract: for• the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnified Parties' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Approval of any insurance contracts by the City does not relieve the Contractor or, subcontractors from liability under Section 1340-1.0, Indemnification of the Specifications. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 9. Contractor shall hold the County of Riverside, its officers, agents and employees free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of principal, its officers, agents, employees or sub -contractors relating to or in any way connected with or arising from the accomplishment of the work, whether or not such acts or omissions were in furtherance of the work requires by the Contract Documents and agrees to defend at his expense, including attorney fees, City of La Quinta, County of Riverside, its officers, agents, employees and Independent Architect in any legal action based on any such alleged acts or omissions. 10. EExcept as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications, Section 1340-2.0, Insurance Rgquiren-lients. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured on the Commercial General Liability policy only. Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hour's in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 12. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections Contract 9 300-4 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that: Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $1,607.00 liquidated damages for each such breach committed under this contract. 13. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to submit proposals for public projects for a period of six months in addition to other penalties provided by law. 14. This Contract shall not be assignable by Contractor without the written consent of City. 15. in accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 19. The Contractor shall maintain all such records in the City of La Quinta. if not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 20. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. contra t 1300-5 IN WITNESS WHEREOF, the parties have executed this Contract; as of the dates stated below. "CITY" CITY OF LA QUINTA, a California municipal corporation Dated.,,. By. Frank J. Spevacek, City Manager ATTEST: Dated: Moniika Radeva, City Clerk APPROVED AS TO FORM-. Dated: City Attorney "CONTRACTOR" (If corporation, affix seal) P Dated. _ By. �- Signature Nar»e: Gregory A. Grltters Tithe: CEO Address-. 78755 Darby Road, Bermuda Dunes, CA 92203 Street Address City State Zip Code EWmaiL greg@thevintageco.com Dated.. By: Signat Name• Kyle Gritters Title: Vice President Address: - 78755 Darby Road, Bermuda Dunes, CA 92203 Street Address City State Zip Code E-mail, kyleg@thevintageco.com Contract 1300-6 DATE (MM/DD/YYYY) J CERTIFICATE OF LIABILITY INSURANCE 5/1/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). OON PRODUCER Venbrook Insurance Services CA Lic OD80832 MMT E:elNachy Jacob-Arrlvres 6320 Canoga Avenue, 12th Floor PNOAIE 818-598-8969 FAAC No: 818-598.8910Woocland bills, CA 91367 F-MAR - _ INSURERS AFFORDING COVERAGE NAIC# www.venbrook.com CA Lic No. OD80832 INSURER A: Old Republic Insurance Company 24147 INSURED Vintage Associates, Inc., Vintage Nursery, INSURER B : Fireman's Fund Insurance Company 21873 Vintage Landscape & Spray Solutions, Tree Rite Arbor Services, Ecowlse Landcare INSURER C : INSURERD: 78-755 Darby Road Bermuda Durres CA 92201 INSURER E : INSURER F : _ COVERAGES CERTIFICATE MIIMRFi2- AAAA01ra r2Fi/ICInIJ 1JIIMPF0. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, 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 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR Kbac SUER POLICY EFF POLICY FXP - LTR TYPE OF INSURANCE POLICY NUMBER ymDalyyyy) (MwDDNVw1 LIMITS COMMERCIAL GENERAL LIABILIT Y CLAIMS -MADE rl/� OCCUR MWZY31479319 5/1/2019 3/1/2020 EACH OCCURRENCE $1000000 DA GE TO RENTED — PREMISES Esoccurrerloe $500 000 MED EXP (Any oneperson) $10.000 PERSONAL & ADV INJURY $ 1,000 000 GENT AGGREGATE LIMIT APPLIES PER; �I POLICY ❑ 200T El LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS , COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY MIN T B314794.19 5/1/2019 3/1/2020 CO I Eir3SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per $ PROPERTYOAMAGE Par aocldA $ $ B UM13RELL—. LIAB EXCESS LiA6 OCCUR CLAIMS -MADE S0000058259367 5/1/2019 3/1/2020 EACH OCCURRENCE $ 5 000 000 Id AGGREGATE $ 5 000.000 DUD 1. 1 RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOWARTNERIEXECUTiVE OFFICEWMEMBEREXCLUDED? Y❑ (Mandatory In NH) If yyeeaa describe under DESGtRiPTION OF OPERATIONS below NIA MWC31265519 3/1/2019 3/1/2020 sraiurE ERR E.L. EACH ACCIDENT $ 1 000 000 E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 1011, Additional Remarks Schedule, may be attached li more space Is required) All operations of the named insured CERTIFICATE HOLDER To Whom it May Concern CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Jacob-Amores ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 48449159 1 2019-2020 GL, AUTO, UMS, WC I Peachy Jacob-Amores 1 5/1/2019 11:39:57 AM (PDT) I Page 1 of 1 SECTION 1330 1M0 KERS' COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature Gregory A. Gritters GEC Title May 8, 2019 Date Workers Compensation Insurance Certificate 1300-14