Vintage Proposal
PROFESSIONAL
LANDSCAPE
MAINTENANCE
Request for On-call Public Works
Maintenance Services
March 23, 2022
City of La Quinta
Recognized and Enduring Quality Since 1992
Vintage Landscape, Vintage Nursery, Vintage Outdoors
78 - 755 Darby Road, Bermuda Dunes, CA 9220 3 • (760) 772 - 3673 • Vintage Landscape .com • License C27 647984
March 23, 2022
Summer Alexander
City of La Quinta
Attn: Dianne Hansen, Management Analyst
78495 Calle Tampico
La Quinta, California, 92253
Tel: 760-777-7117
Transmitted Via Email: dhansen@laquintaca.gov
Response to City of La Quinta Request for Proposal On-call Public Works Maintenance Services
Dianne,
Thank you for the opportunity to submit our proposal for On-call Public Works Maintenance Services for
the City of La Quinta. Vintage Associates has the knowledge and experience to maintain your landscape
environment and enhance the beauty and value of your property. We are unique in our industry because
we are the only company in the Coachella Valley to offer a complete range of services. Subsidiary branches
of Vintage Associates include Vintage Landscape, Vintage Nursery, Tree Rite- professional arborists, Vintage
Outdoors- landscape design and construction, and Water Management - irrigation specialists. Vintage
Associates, founded in 1992, has 30 years in business with team members consist of certified professionals
in the horticultural field with over 100 years of combined experience dedicated to our accounts only in the
Coachella Valley. Our proposal includes detailed information about our company, key personnel, and
service practices.
We have reviewed your property, and we are confident we can provide the best quality of service at the
lowest cost. Our competitive advantages specific to your landscape include:
• Account Managers utilize smartphones and tablets to manage and respond to service orders fast
and effectively.
• Highly qualified and experienced on-site supervisors constantly inspect the property for issues
and proactively correct and report these issues.
• We utilize best management practices and the most efficient equipment available to provide
high-quality results at the lowest cost.
• Our irrigation specialists have more experience than any other company acquiring CVWD rebates
and installing and operating Smart controller systems.
• Our history of maintaining long-term relationships with our customers (over 20 years) and our
employees (30 years).
• No negative history for agreement failure.
We look forward to working with the City of La Quinta to develop a long-term plan for enhancing your
landscape. Our days and hours of operations are Monday-Friday from 8:00am-4:00pm.
Dianne Hansen, City of La Quinta On-call Public Works Maintenance Services, March 23, 2022 (cont.)
Vintage Landscape, Vintage Nursery, Vintage Outdoors
78-755 Darby Road, Bermuda Dunes, CA 92203 • (760) 772-3673 • VintageLandscape.com • License C27 647984 P.2
Proposal:
Vintage shall furnish all labor, materials, and equipment as required for the performance of services for
Landscape modifications, Sports field modification and Irrigation repair and/or modification outlined in the
Scope of Services for the price of $2,500 per month. We appreciate the opportunity to present our proposal.
Sincerely,
Kyle Gritters, President
78-755 Darby Road
Bermuda Dunes, CA 92203
760-772-3673
Kyleg@thevintageco.com
Tax ID# 330499024
DRI# 1000001926
ATTACHMENT 1
AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made
and entered into by and between the CITY OF LA QUINTA, (“City”), a California
municipal corporation, and Vintage Associates, Inc. dba Vintage Landscape
(“Contracting Party”). The parties hereto agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Contracting Party shall provide those services related to On-
Call Public Works Maintenance Services as specified in the “Scope of Services”
attached hereto as “Exhibit A” and incorporated herein by this reference (the
“Services”). Contracting Party represents and warrants that Contracting Party is a
provider of first-class work and/or services and Contracting Party is experienced in
performing the Services contemplated herein and, in light of such status and
experience, Contracting Party covenants that it shall follow industry standards in
performing the Services required hereunder, and that all materials, if any, will be of
good quality, fit for the purpose intended. For purposes of this Agreement, the phrase
“industry standards” shall mean those standards of practice recognized by one or
more first-class contractor’s performing similar services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws
of the City and any Federal, State, or local governmental agency of competent
jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with
applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Contracting Party shall obtain at its sole cost and expense such licenses,
permits, and approvals as may be required by law for the performance of the Services
required by this Agreement, including a City of La Quinta business license.
Contracting Party and its employees, agents, and subcontractors shall, at their sole
cost and expense, keep in effect at all times during the term of this Agreement any
licenses, permits, and approvals that are legally required for the performance of the
Services required by this Agreement. Contracting Party shall have the sole obligation
to pay for any fees, assessments, and taxes, plus applicable penalties and interest,
which may be imposed by law and arise from or are necessary for the performance
of the Services required by this Agreement, and shall indemnify, defend (with counsel
selected by City), and hold City, its elected officials, officers, employees, and agents,
free and harmless against any such fees, assessments, taxes, penalties, or interest
levied, assessed, or imposed against City hereunder. Contracting Party shall be
responsible for all subcontractors’ compliance with this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting Party
warrants that (a) it has thoroughly investigated and considered the Services to be
performed, (b) it has investigated the site where the Services are to be performed,
if any, and fully acquainted itself with the conditions there existing, (c) it has carefully
considered how the Services should be performed, and (d) it fully understands the
facilities, difficulties, and restrictions attending performance of the Services under
this Agreement. Should Contracting Party discover any latent or unknown conditions
materially differing from those inherent in the Services or as represented by City,
Contracting Party shall immediately inform City of such fact and shall not proceed
except at Contracting Party’s risk until written instructions are received from the
Contract Officer, or assigned designee (as defined in Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and understands that
the Services contracted for under this Agreement require specialized skills and
abilities and that, consistent with this understanding, Contracting Party’s work will be
held to an industry standard of quality and workmanship. Consistent with Section 1.5
hereinabove, Contracting Party represents to City that it holds the necessary skills
and abilities to satisfy the industry standard of quality as set forth in this Agreement.
Contracting Party shall adopt reasonable methods during the life of this Agreement
to furnish continuous protection to the Services performed by Contracting Party, and
the equipment, materials, papers, and other components thereof to prevent losses
or damages, and shall be responsible for all such damages, to persons or property,
until acceptance of the Services by City, except such losses or damages as may be
caused by City’s own negligence. The performance of Services by Contracting Party
shall not relieve Contracting Party from any obligation to correct any incomplete,
inaccurate, or defective work at no further cost to City, when such inaccuracies are
due to the negligence of Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions of this
Agreement, Contracting Party shall perform services in addition to those specified in
the Scope of Services (“Additional Services”) only when directed to do so by the
Contract Officer, or assigned designee, provided that Contracting Party shall not be
required to perform any Additional Services without compensation. Contracting Party
shall not perform any Additional Services until receiving prior written authorization
(in the form of a written change order if Contracting Party is a contractor performing
the Services) from the Contract Officer, or assigned designee, incorporating therein
any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this
Agreement, which said adjustments are subject to the written approval of Contracting
Party. It is expressly understood by Contracting Party that the provisions of this
Section shall not apply to the Services specifically set forth in the Scope of Services
or reasonably contemplated therein. It is specifically understood and agreed that oral
requests and/or approvals of Additional Services shall be barred and are
unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or
assigned designee’s written authorization for Additional Services shall constitute a
waiver of any and all right to adjustment of the Contract Sum or time to perform this
Agreement, whether by way of compensation, restitution, quantum meruit, or the
like, for Additional Services provided without the appropriate authorization from the
Contract Officer, or assigned designee. Compensation for properly authorized
Additional Services shall be made in accordance with Section 2.3 of this Agreement.
1.8 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the
“Special Requirements”), which is incorporated herein by this reference and expressly
made a part hereof. In the event of a conflict between the provisions of the Special
Requirements and any other provisions of this Agreement, the provisions of the
Special Requirements shall govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this Agreement,
Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule
of Compensation”) in a total amount not to exceed Two Thousand Five Hundred
Dollars ($2,500.00)per year for the life of the Agreement, encompassing the initial
and any extended terms. (the “Contract Sum”), except as provided in Section 1.7.
The method of compensation set forth in the Schedule of Compensation may include
a lump sum payment upon completion, payment in accordance with the percentage
of completion of the Services, payment for time and materials based upon
Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other
reasonable methods as may be specified in the Schedule of Compensation. The
Contract Sum shall include the attendance of Contracting Party at all project meetings
reasonably deemed necessary by City; Contracting Party shall not be entitled to any
additional compensation for attending said meetings. Compensation may include
reimbursement for actual and necessary expenditures for reproduction costs,
transportation expense, telephone expense, and similar costs and expenses when
and if specified in the Schedule of Compensation. Regardless of the method of
compensation set forth in the Schedule of Compensation, Contracting Party’s overall
compensation shall not exceed the Contract Sum, except as provided in Section 1.7
of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting Party
wishes to receive payment, Contracting Party shall submit to City no later than the
tenth (10th) working day of such month, in the form approved by City’s Finance
Director, an invoice for Services rendered prior to the date of the invoice. Such invoice
shall (1) describe in detail the Services provided, including time and materials, and
(2) specify each staff member who has provided Services and the number of hours
assigned to each such staff member. Such invoice shall contain a certification by a
principal member of Contracting Party specifying that the payment requested is for
Services performed in accordance with the terms of this Agreement. Upon approval
in writing by the Contract Officer, or assigned designee, and subject to retention
pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon
which are approved by City pursuant to this Agreement no later than thirty (30) days
after invoices are received by the City’s Finance Department.
2.3 Compensation for Additional Services. Additional Services approved in
advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of
this Agreement shall be paid for in an amount agreed to in writing by both City and
Contracting Party in advance of the Additional Services being rendered by Contracting
Party. Any compensation for Additional Services amounting to five percent (5%) or
less of the Contract Sum may be approved by the Contract Officer, or assigned
designee. Any greater amount of compensation for Additional Services must be
approved by the La Quinta City Council, the City Manager, or Department Director,
depending upon City laws, regulations, rules and procedures concerning public
contracting. Under no circumstances shall Contracting Party receive compensation
for any Additional Services unless prior written approval for the Additional Services
is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7
of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. If the Services not completed in accordance with the Schedule of
Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City
will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in
“Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified
in the Schedule of Performance may be approved in writing by the Contract Officer,
or assigned designee.
3.3 Force Majeure. The time period specified in the Schedule of Performance
for performance of the Services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control and
without the fault or negligence of Contracting Party, including, but not restricted to,
acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, acts of any governmental agency other
than City, and unusually severe weather, if Contracting Party shall within ten
(10) days of the commencement of such delay notify the Contract Officer, or
assigned designee, in writing of the causes of the delay. The Contract Officer, or
assigned designee, shall ascertain the facts and the extent of delay, and extend the
time for performing the Services for the period of the forced delay when and if in the
Contract Officer’s judgment such delay is justified, and the Contract Officer’s
determination, or assigned designee, shall be final and conclusive upon the parties
to this Agreement. Extensions to time period in the Schedule of Performance which
are determined by the Contract Officer, or assigned designee, to be justified
pursuant to this Section shall not entitle the Contracting Party to additional
compensation in excess of the Contract Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions in
Article 8.0 of this Agreement, the term of this agreement shall commence on or
around May 1, 2022, and terminate on June 30, 2027, (“Initial Term”). This
Agreement may be extended for two (2) additional year(s) upon mutual agreement
by both parties (“Extended Term”), and executed in writing.
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of
Contracting Party (“Principals”) are hereby designated as being the principals and
representatives of Contracting Party authorized to act in its behalf with respect to the
Services specified herein and make all decisions in connection therewith:
(a) Name: Kyle J. Gritters, President
Tel No.: 760-772-3673
Email: kyleg@thevintageco.com
(b) Name: David Smith, Vice President
Tel No.: 760-772-3673
Email: davids@thevintageco.com
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing Principals were a substantial inducement for City to enter
into this Agreement. Therefore, the foregoing Principals shall be responsible during
the term of this Agreement for directing all activities of Contracting Party and
devoting sufficient time to personally supervise the Services hereunder. For purposes
of this Agreement, the foregoing Principals may not be changed by Contracting Party
and no other personnel may be assigned to perform the Services required hereunder
without the express written approval of City.
4.2 Contract Officer. The “Contract Officer”, otherwise known as the
Dianne Hansen, Management Analyst, or assigned designee may be designated in
writing by the City Manager of the City. It shall be Contracting Party’s
responsibility to assure that the Contract Officer, or assigned designee, is kept
informed of the progress of the performance of the Services, and Contracting Party
shall refer any decisions, that must be made by City to the Contract Officer, or
assigned designee. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the Contract Officer, or assigned designee.
The Contract Officer, or assigned designee, shall have authority to sign all
documents on behalf of City required hereunder to carry out the terms of this
Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability, and reputation of Contracting Party, its principals, and its
employees were a substantial inducement for City to enter into this Agreement.
Except as set forth in this Agreement, Contracting Party shall not contract or
subcontract with any other entity to perform in whole or in part the Services required
hereunder without the express written approval of City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed,
hypothecated, or encumbered, voluntarily or by operation of law, without the prior
written approval of City. Transfers restricted hereunder shall include the transfer to
any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Contracting Party, taking all
transfers into account on a cumulative basis. Any attempted or purported assignment
or contracting or subcontracting by Contracting Party without City’s express written
approval shall be null, void, and of no effect. No approved transfer shall release
Contracting Party of any liability hereunder without the express consent of City.
4.4 Independent Contractor. Neither City nor any of its employees shall
have any control over the manner, mode, or means by which Contracting Party, its
agents, or its employees, perform the Services required herein, except as otherwise
set forth herein. City shall have no voice in the selection, discharge, supervision, or
control of Contracting Party’s employees, servants, representatives, or agents, or in
fixing their number or hours of service. Contracting Party shall perform all Services
required herein as an independent contractor of City and shall remain at all times as
to City a wholly independent contractor with only such obligations as are consistent
with that role. Contracting Party shall not at any time or in any manner represent
that it or any of its agents or employees are agents or employees of City. City shall
not in any way or for any purpose become or be deemed to be a partner of
Contracting Party in its business or otherwise or a joint venture or a member of any
joint enterprise with Contracting Party. Contracting Party shall have no power to incur
any debt, obligation, or liability on behalf of City. Contracting Party shall not at any
time or in any manner represent that it or any of its agents or employees are agents
or employees of City. Except for the Contract Sum paid to Contracting Party as
provided in this Agreement, City shall not pay salaries, wages, or other compensation
to Contracting Party for performing the Services hereunder for City. City shall not be
liable for compensation or indemnification to Contracting Party for injury or sickness
arising out of performing the Services hereunder. Notwithstanding any other City,
state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting
Party and any of its employees, agents, and subcontractors providing services under
this Agreement shall not qualify for or become entitled to any compensation, benefit,
or any incident of employment by City, including but not limited to eligibility to enroll
in the California Public Employees Retirement System (“PERS”) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions
and/or employee contributions for PERS benefits. Contracting Party agrees to pay all
required taxes on amounts paid to Contracting Party under this Agreement, and to
indemnify and hold City harmless from any and all taxes, assessments, penalties,
and interest asserted against City by reason of the independent contractor
relationship created by this Agreement. Contracting Party shall fully comply with the
workers’ compensation laws regarding Contracting Party and Contracting Party’s
employees. Contracting Party further agrees to indemnify and hold City harmless
from any failure of Contracting Party to comply with applicable workers’
compensation laws. City shall have the right to offset against the amount of any
payment due to Contracting Party under this Agreement any amount due to City from
Contracting Party as a result of Contracting Party’s failure to promptly pay to City
any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party represents that
it employs or will employ at its own expense all personnel required for the satisfactory
performance of any and all of the Services set forth herein. Contracting Party
represents that the Services required herein will be performed by Contracting Party
or under its direct supervision, and that all personnel engaged in such work shall be
fully qualified and shall be authorized and permitted under applicable State and local
law to perform such tasks and services.
4.6 City Cooperation. City shall provide Contracting Party with any plans,
publications, reports, statistics, records, or other data or information pertinent to the
Services to be performed hereunder which are reasonably available to Contracting
Party only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this Agreement
and throughout the duration of the term of this Agreement, Contracting Party shall
procure and maintain, at its sole cost and expense, and submit concurrently with its
execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the
“Insurance Requirements”) which is incorporated herein by this reference and
expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of
Insurance to Agency along with all required endorsements. Certificate of Insurance
and endorsements must be approved by Agency’s Risk Manager prior to
commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Contracting
Party shall indemnify, protect, defend (with counsel selected by City), and hold
harmless City and any and all of its officers, employees, agents, and volunteers as
set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this
reference and expressly made a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit to the
Contract Officer, or assigned designee, such reports concerning Contracting Party’s
performance of the Services required by this Agreement as the Contract Officer, or
assigned designee, shall require. Contracting Party hereby acknowledges that City
is greatly concerned about the cost of the Services to be performed pursuant to this
Agreement. For this reason, Contracting Party agrees that if Contracting Party
becomes aware of any facts, circumstances, techniques, or events that may or will
materially increase or decrease the cost of the Services contemplated herein or, if
Contracting Party is providing design services, the cost of the project being designed,
Contracting Party shall promptly notify the Contract Officer, or assigned designee,
of said fact, circumstance, technique, or event and the estimated increased or
decreased cost related thereto and, if Contracting Party is providing design services,
the estimated increased or decreased cost estimate for the project being designed.
7.2 Records. Contracting Party shall keep, and require any subcontractors
to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks,
reports (including but not limited to payroll reports), studies, or other documents
relating to the disbursements charged to City and the Services performed hereunder
(the “Books and Records”), as shall be necessary to perform the Services required
by this Agreement and enable the Contract Officer, or assigned designee, to
evaluate the performance of such Services. Any and all such Books and Records shall
be maintained in accordance with generally accepted accounting principles and shall
be complete and detailed. The Contract Officer, or assigned designee, shall have
full and free access to such Books and Records at all times during normal business
hours of City, including the right to inspect, copy, audit, and make records and
transcripts from such Books and Records. Such Books and Records shall be
maintained for a period of three (3) years following completion of the Services
hereunder, and City shall have access to such Books and Records in the event any
audit is required. In the event of dissolution of Contracting Party’s business, custody
of the Books and Records may be given to City, and access shall be provided by
Contracting Party’s successor in interest. Under California Government Code
Section 8546.7, if the amount of public funds expended under this Agreement
exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps, designs,
photographs, studies, surveys, data, notes, computer files, reports, records,
documents, and other materials plans, drawings, estimates, test data, survey results,
models, renderings, and other documents or works of authorship fixed in any tangible
medium of expression, including but not limited to, physical drawings, digital
renderings, or data stored digitally, magnetically, or in any other medium prepared
or caused to be prepared by Contracting Party, its employees, subcontractors, and
agents in the performance of this Agreement (the “Documents and Materials”) shall
be the property of City and shall be delivered to City upon request of the Contract
Officer, or assigned designee, or upon the expiration or termination of this
Agreement, and Contracting Party shall have no claim for further employment or
additional compensation as a result of the exercise by City of its full rights of
ownership use, reuse, or assignment of the Documents and Materials hereunder. Any
use, reuse or assignment of such completed Documents and Materials for other
projects and/or use of uncompleted documents without specific written authorization
by Contracting Party will be at City’s sole risk and without liability to Contracting
Party, and Contracting Party’s guarantee and warranties shall not extend to such use,
revise, or assignment. Contracting Party may retain copies of such Documents and
Materials for its own use. Contracting Party shall have an unrestricted right to use
the concepts embodied therein. All subcontractors shall provide for assignment to
City of any Documents and Materials prepared by them, and in the event Contracting
Party fails to secure such assignment, Contracting Party shall indemnify City for all
damages resulting therefrom.
7.4 In the event City or any person, contractor, or corporation authorized
by City reuses said Documents and Materials without written verification or
adaptation by Contracting Party for the specific purpose intended and causes to be
made or makes any changes or alterations in said Documents and Materials, City
hereby releases, discharges, and exonerates Contracting Party from liability resulting
from said change. The provisions of this clause shall survive the termination or
expiration of this Agreement and shall thereafter remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-
exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense
any and all copyrights, designs, rights of reproduction, and other intellectual property
embodied in the Documents and Materials. Contracting Party shall require all
subcontractors, if any, to agree in writing that City is granted a non-exclusive and
perpetual license for the Documents and Materials the subcontractor prepares under
this Agreement. Contracting Party represents and warrants that Contracting Party
has the legal right to license any and all of the Documents and Materials. Contracting
Party makes no such representation and warranty in regard to the Documents and
Materials which were prepared by design professionals other than Contracting Party
or provided to Contracting Party by City. City shall not be limited in any way in its
use of the Documents and Materials at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City’s sole risk.
7.6 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer, or
assigned designee, or as required by law. Contracting Party shall not disclose to
any other entity or person any information regarding the activities of City, except as
required by law or as authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting Party
covenants that all City data, data lists, trade secrets, documents with personal
identifying information, documents that are not public records, draft documents,
discussion notes, or other information, if any, developed or received by Contracting
Party or provided for performance of this Agreement are deemed confidential and
shall not be disclosed by Contracting Party to any person or entity without prior
written authorization by City or unless required by law. City shall grant authorization
for disclosure if required by any lawful administrative or legal proceeding, court order,
or similar directive with the force of law. All City data, data lists, trade secrets,
documents with personal identifying information, documents that are not public
records, draft documents, discussions, or other information shall be returned to City
upon the termination or expiration of this Agreement. Contracting Party’s covenant
under this section shall survive the termination or expiration of this Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed, and
governed both as to validity and to performance of the parties in accordance with the
laws of the State of California. Legal actions concerning any dispute, claim, or matter
arising out of or in relation to this Agreement shall be instituted in the Superior Court
of the County of Riverside, State of California, or any other appropriate court in such
county, and Contracting Party covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting
a claim therefore. The injured party shall continue performing its obligations
hereunder so long as the injuring party commences to cure such default within ten
(10) days of service of such notice and completes the cure of such default within
forty-five (45) days after service of the notice, or such longer period as may be
permitted by the Contract Officer, or assigned designee; provided that if the default
is an immediate danger to the health, safety, or general welfare, City may take such
immediate action as City deems warranted. Compliance with the provisions of this
Section shall be a condition precedent to termination of this Agreement for cause and
to any legal action, and such compliance shall not be a waiver of any party’s right to
take legal action in the event that the dispute is not cured, provided that nothing
herein shall limit City’s right to terminate this Agreement without cause pursuant to
this Article 8.0. During the period of time that Contracting Party is in default, City
shall hold all invoices and shall, when the default is cured, proceed with payment on
the invoices. In the alternative, City may, in its sole discretion, elect to pay some or
all of the outstanding invoices during any period of default.
8.3 Retention of Funds. City may withhold from any monies payable to
Contracting Party sufficient funds to compensate City for any losses, costs, liabilities,
or damages it reasonably believes were suffered by City due to the default of
Contracting Party in the performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of
a non-defaulting party on any default shall impair such right or remedy or be
construed as a waiver. City’s consent or approval of any act by Contracting Party
requiring City’s consent or approval shall not be deemed to waive or render
unnecessary City’s consent to or approval of any subsequent act of Contracting Party.
Any waiver by either party of any default must be in writing and shall not be a waiver
of any other default concerning the same or any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other
default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party
may take legal action, at law or at equity, to cure, correct, or remedy any default, to
recover damages for any default, to compel specific performance of this Agreement,
to obtain declaratory or injunctive relief, or to obtain any other remedy consistent
with the purposes of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern any
termination of this Agreement, except as specifically provided in the following Section
for termination for cause. City reserves the right to terminate this Agreement at any
time, with or without cause, upon thirty (30) days’ written notice to Contracting
Party. Upon receipt of any notice of termination, Contracting Party shall immediately
cease all Services hereunder except such as may be specifically approved by the
Contract Officer, or assigned designee. Contracting Party shall be entitled to
compensation for all Services rendered prior to receipt of the notice of termination
and for any Services authorized by the Contract Officer, or assigned designee,
thereafter in accordance with the Schedule of Compensation or such as may be
approved by the Contract Officer, or assigned designee, except amounts held as a
retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due to the
failure of Contracting Party to fulfill its obligations under this Agreement, Contracting
Party shall vacate any City-owned property which Contracting Party is permitted to
occupy hereunder and City may, after compliance with the provisions of Section 8.2,
take over the Services and prosecute the same to completion by contract or
otherwise, and Contracting Party shall be liable to the extent that the total cost for
completion of the Services required hereunder exceeds the compensation herein
stipulated (provided that City shall use reasonable efforts to mitigate such damages),
and City may withhold any payments to Contracting Party for the purpose of setoff
or partial payment of the amounts owed City.
8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate
or defend or made a party to any action or proceeding in any way connected with
this Agreement, the prevailing party in such action or proceeding, in addition to any
other relief which may be granted, whether legal or equitable, shall be entitled to
reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded
pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing party in the
conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal,
and in addition a party entitled to attorneys’ fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery, and
all other necessary costs the court allows which are incurred in such litigation. All
such fees shall be deemed to have accrued on commencement of such action and
shall be enforceable whether or not such action is prosecuted to judgment. The court
may set such fees in the same action or in a separate action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and Employees. No officer, official,
employee, agent, representative, or volunteer of City shall be personally liable to
Contracting Party, or any successor in interest, in the event or any default or breach
by City or for any amount which may become due to Contracting Party or to its
successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any
officer or principal of it, has or shall acquire any interest, directly or indirectly, which
would conflict in any manner with the interests of City or which would in any way
hinder Contracting Party’s performance of the Services under this Agreement.
Contracting Party further covenants that in the performance of this Agreement, no
person having any such interest shall be employed by it as an officer, employee,
agent, or subcontractor without the express written consent of the Contract Officer,
Attention: Dianne Hansen,
Management Analyst
or assigned designee. Contracting Party agrees to at all times avoid conflicts of
interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
No officer or employee of City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to this Agreement which effects his financial interest or the financial
interest of any corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation. Contracting Party
warrants that it has not paid or given and will not pay or give any third party any
money or other consideration for obtaining this Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants that, by
and for itself, its heirs, executors, assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segregation of, any person or
group of persons on account of any impermissible classification including, but not
limited to, race, color, creed, religion, sex, marital status, sexual orientation, national
origin, or ancestry in the performance of this Agreement. Contracting Party shall take
affirmative action to ensure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex,
marital status, sexual orientation, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give the other party or any other
person shall be in writing and either served personally or sent by prepaid, first-class
mail to the address set forth below. Either party may change its address by notifying
the other party of the change of address in writing. Notice shall be deemed
communicated forty-eight (48) hours from the time of mailing if mailed as provided
in this Section.
To City:
CITY OF LA QUINTA
To Contracting Party:
78495 Calle Tampico
La Quinta, California 92253
10.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of this Agreement or any other rule
of construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only and shall
not limit or otherwise affect the terms of this Agreement.
Vintage Associates dba Vintage
Landscape Kyle Gritters
78-755 Darby Road
Bermuda Dunes, CA
92203
10.4 Counterparts. This Agreement may be executed in counterparts, each
of which shall be deemed to be an original, and such counterparts shall constitute
one and the same instrument.
10.5 Integrated Agreement. This Agreement including the exhibits hereto is
the entire, complete, and exclusive expression of the understanding of the parties. It
is understood that there are no oral agreements between the parties hereto affecting
this Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any, between the
parties, and none shall be used to interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement shall
be valid unless made in writing and approved by Contracting Party and by the City
Council of City. The parties agree that this requirement for written modifications
cannot be waived and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles, phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable, such invalidity or unenforceability shall not affect
any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections
of this Agreement which are hereby declared as severable and shall be interpreted to
carry out the intent of the parties hereunder unless the invalid provision is so material
that its invalidity deprives either party of the basic benefit of their bargain or renders
this Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and interest in
and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
§ 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of
Part 2 of Division 7 of the Business and Professions Code), arising from purchases of
goods, services, or materials related to this Agreement. This assignment shall be
made and become effective at the time City renders final payment to Contracting
Party without further acknowledgment of the parties.
10.9 No Third-Party Beneficiaries. With the exception of the specific
provisions set forth in this Agreement, there are no intended third-party beneficiaries
under this Agreement and no such other third parties shall have any rights or
obligations hereunder.
10.10 Authority. The persons executing this Agreement on behalf of each of
the parties hereto represent and warrant that (i) such party is duly organized and
existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf
of said party, (iii) by so executing this Agreement, such party is formally bound to
the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This
Agreement shall be binding upon the heirs, executors, administrators, successors,
and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
JON McMILLEN, City Manager
City of La Quinta, California
Dated:
CONTRACTING PARTY:
By: Vintage Landscape dba Vintage
Associates
Name: Kyle Gritters
Title: President
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
By: Vintage Landscape dba Vintage
Associates
Name: David Smith
Title: Vice President
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Exhibit A
Page 1 of 4
Exhibit A
Scope of Services
1. Services to be Provided:
Landscape Modifications - tree/plant and ground cover installation.
Sport field maintenance to include leveling of infield and/or outfields.
Irrigation repair and/or modification
2. Performance Standards:
All of the work will be completed in a professional and workmanlike manner
according to standard practices. Any alteration or deviation from the specifications
involving extra material or labor will only be executed upon written orders for the
same and will become an extra charge above the total specified in this proposal.
Exhibit A
Page 2 of 4
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition,
installation, repair, or maintenance affecting real property or structures or
improvements of any kind appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this Section 1.3,
Contracting Party shall comply with applicable Federal, State, and local laws.
Contracting Party is aware of the requirements of California Labor Code
Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La
Quinta Municipal Code Section 3.12.040, which require the payment of prevailing
wage rates and the performance of other requirements on “Public works” and
“Maintenance” projects. If the Services are being performed as part of an applicable
“Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and
if construction work over twenty-five thousand dollars ($25,000.00) and/or
alterations, demolition, repair or maintenance work over fifteen thousand dollars
($15,000.00) is entered into or extended on or after January 1, 2015 by this
Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws
including, but not limited to, requirements related to the maintenance of payroll
records and the employment of apprentices. Pursuant to California Labor Code
Section 1725.5, no contractor or subcontractor may be awarded a contract for public
work on a “Public works” project unless registered with the California Department of
Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are
being performed as part of an applicable “Public works” or “Maintenance” project, as
defined by the Prevailing Wage Laws, this project is subject to compliance monitoring
and enforcement by the DIR. Contracting Party will maintain and will require all
subcontractors to maintain valid and current DIR Public Works contractor registration
during the term of this Agreement. Contracting Party shall notify City in writing
immediately, and in no case more than twenty-four (24) hours, after receiving any
information that Contracting Party’s or any of its subcontractor’s DIR registration
status has been suspended, revoked, expired, or otherwise changed. It is understood
that it is the responsibility of Contracting Party to determine the correct salary scale.
Contracting Party shall make copies of the prevailing rates of per diem wages for
each craft, classification, or type of worker needed to execute the Services available
to interested parties upon request, and shall post copies at Contracting Party’s
principal place of business and at the project site, if any. The statutory penalties for
failure to pay prevailing wage or to comply with State wage and hour laws will be
enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per
day for each worker who works in excess of the minimum working hours when
Contracting Party does not pay overtime. In accordance with the provisions of Labor
Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting
Party also shall comply with State law requirements to maintain payroll records and
shall provide for certified records and inspection of records as required by California
Labor Code Section 1770 et seq., including Section 1776. In addition to the other
indemnities provided under this Agreement, Contracting Party shall defend (with
Exhibit A
Page 3 of 4
counsel selected by City), indemnify, and hold City, its elected officials, officers,
employees, and agents free and harmless from any claim or liability arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed
by the parties that, in connection with performance of the Services, including, without
limitation, any and all “Public works” (as defined by the Prevailing Wage Laws),
Contracting Party shall bear all risks of payment or non-payment of prevailing wages
under California law and/or the implementation of Labor Code Section 1781, as the
same may be amended from time to time, and/or any other similar law. Contracting
Party acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effectuating compliance with such
laws. Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the provisions of
Article 2.0 of the Agreement. In accordance with said Sections, City shall pay
Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum
apportionment of the labor and materials incorporated into the Services under this
Agreement during the month covered by said invoice. The remaining five percent
(5%) thereof shall be retained as performance security to be paid to Contracting
Party within sixty (60) days after final acceptance of the Services by the City Council
of City, after Contracting Party has furnished City with a full release of all undisputed
payments under this Agreement, if required by City. In the event there are any claims
specifically excluded by Contracting Party from the operation of the release, City may
retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent
(150%) of the amount in dispute. City’s failure to deduct or withhold shall not affect
Contracting Party’s obligations under the Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or
protection of existing main or trunk-line utilities to the extent such utilities were not
identified in the invitation for bids or specifications. City shall reimburse Contracting
Party for any costs incurred in locating, repairing damage not caused by Contracting
Party, and removing or relocating such unidentified utility facilities. Contracting Party
shall not be assessed liquidated damages for delay arising from the removal or
relocation of such unidentified utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract Code
Section 7104, in the event the work included in this Agreement requires excavations
more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following
conditions are disturbed, notify City, in writing, of any: (1) material that Contracting
Party believes may be material that is hazardous waste, as defined in Section 25117
of the Health and Safety Code, that is required to be removed to a Class I, Class II,
or Class III disposal site in accordance with provisions of existing law; (2) subsurface
or latent physical conditions at the site different from those indicated by information
about the site made available to bidders prior to the deadline for submitting bids; or
(3) unknown physical conditions at the site of any unusual nature, different materially
from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the Agreement.
Exhibit A
Page 4 of 4
(b) City shall promptly investigate the conditions, and if it finds that
the conditions do materially so differ, or do involve hazardous waste, and cause a
decrease or increase in Contracting Party’s cost of, or the time required for,
performance of any part of the work shall issue a change order per Section 1.8 of the
Agreement.
(c) in the event that a dispute arises between City and Contracting
Party whether the conditions materially differ, or involve hazardous waste, or cause
a decrease or increase in Contracting Party’s cost of, or time required for,
performance of any part of the work, Contracting Party shall not be excused from
any scheduled completion date provided for by this Agreement, but shall proceed
with all work to be performed under this Agreement. Contracting Party shall retain
any and all rights provided either by contract or by law which pertain to the resolution
of disputes and protests between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out the Services,
Contracting Party shall at all times be in compliance with all applicable local, state,
and federal laws, rules and regulations, and shall exercise all necessary precautions
for the safety of employees appropriate to the nature of the work and the conditions
under which the work is to be performed. Safety precautions as applicable shall
include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees
and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges,
gang planks, confined space procedures, trenching and shoring, equipment and other
safety devices, equipment and wearing apparel as are necessary or lawfully required
to prevent accidents or injuries; and (C) adequate facilities for the proper inspection
and maintenance of all safety measures.
6. Liquidated Damages. Since the determination of actual damages for any
delay in performance of the Agreement would be extremely difficult or impractical to
determine in the event of a breach of this Agreement, Contracting Party shall be liable
for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated
damages for each working day of delay in the performance of any of the Services
required hereunder, as specified in the Schedule of Performance. In addition,
liquidated damages may be assessed for failure to comply with the emergency call
out requirements, if any, described in the Scope of Services. City may withhold from
any moneys payable on account of the Services performed by Contracting Party any
accrued liquidated damages.
Exhibit B
Page 1 of 1
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in
Section 2.3 of this Agreement, the maximum total compensation to be paid to
Contracting Party under this Agreement is not to exceed Two-Thousand Five Hundred
($_2,500.00 ) (“Contract Sum”). The Contract Sum shall be paid to Contracting
Party in installment payments made on a monthly basis and in an amount identified
in Contracting Party’s schedule of compensation attached hereto for the work tasks
performed and properly invoiced by Contracting Party in conformance with
Section 2.2 of this Agreement.
Exhibit C
Page 1 of 1
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services,
Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto
and incorporated herein by this reference.
Exhibit D
Page 1 of 1
Exhibit D
Special Requirements
None
Exhibit D
Page 1 of 4
Exhibit E
Insurance Requirements
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law establishes a
professional standard of care for Contracting Party’s Services, to the fullest extent
permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected
by City), and hold harmless City and any and all of its officials, employees, and agents
(“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind,
nature, and description, damages, injury (including, without limitation, injury to or death
of an employee of Contracting Party or of any subcontractor), costs and expenses of any
kind, whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of
expert consultants or expert witnesses incurred in connection therewith and costs of
investigation, to the extent same are caused in whole or in part by any negligent or
wrongful act, error or omission of Contracting Party, its officers, agents, employees or
subcontractors (or any entity or individual that Contracting Party shall bear the legal
liability thereof) in the performance of professional services under this agreement. With
respect to the design of public improvements, the Contracting Party shall not be liable for
any injuries or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Contracting Party.
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Contracting
Party shall indemnify, defend (with counsel selected by City), and hold harmless the
Indemnified Parties from and against any liability (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs, attorneys’ fees,
litigation expenses, and fees of expert consultants or expert witnesses) incurred in
connection therewith and costs of investigation, where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of
this Agreement by Contracting Party or by any individual or entity for which Contracting
Party is legally liable, including but not limited to officers, agents, employees, or
subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction (Limitation on
Indemnity). Without affecting the rights of City under any provision of this agreement,
Contracting Party 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 agreement 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
Contracting Party will be for that entire portion or percentage of liability not attributable
to the active negligence of City.
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a)
hereinabove, the following indemnification provision shall apply to a Contracting Party who
constitutes a “design professional” as the term is defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a professional
standard of care for Contracting Party’s Services, to the fullest extent permitted by law,
Contracting Party shall indemnify and hold harmless City and any and all of its officials,
employees, and agents (“Indemnified Parties”) from and against any and all losses,
liabilities of every kind, nature, and description, damages, injury (including, without
limitation, injury to or death of an employee of Contracting Party or of any subcontractor),
costs and expenses, including, without limitation, incidental and consequential damages,
court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert
consultants or expert witnesses incurred in connection therewith and costs of investigation,
to the extent same are caused by any negligent or wrongful act, error or omission of
Contracting Party, its officers, agents, employees or subcontractors (or any entity or
individual that Contracting Party shall bear the legal liability thereof) in the performance
of professional services under this agreement. With respect to the design of public
improvements, the Contracting Party shall not be liable for any injuries or property damage
resulting from the reuse of the design at a location other than that specified in Exhibit A
without the written consent of the Contracting Party.
3. Design Professional Defined. As used in this Section F.1(d), the term
“design professional” shall be limited to licensed architects, registered professional
engineers, licensed professional land surveyors and landscape architects, all as defined
under current law, and as may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to
obtain executed indemnity agreements with provisions identical to those set forth herein
this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor
or any other person or entity involved by, for, with or on behalf of Contracting Party in the
performance of this Agreement. In the event Contracting Party fails to obtain such
indemnity obligations from others as required herein, Contracting Party agrees to be fully
responsible according to the terms of this Exhibit. 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 in this Agreement are binding on the successors, assigns or heirs of Contracting Party
and shall survive the termination of this Agreement.
ATTACHMENT 2
INSURANCE REQUIREMENTS ACKNOWLEDGEMENT
Must be executed by proposer and submitted with the proposal
I, Kyle Gritters (name) hereby acknowledge and
confirm that _Vintage Associates dba Vintage Landscape (name of company) has reviewed
the City’s indemnification and minimum insurance requirements as listed in Exhibits E and
F of the City’s Agreement for Contract Services (Attachment 1); and declare that insurance
certificates and endorsements verifying compliance will be provided if an agreement is
awarded.
I am President of Vintage Associates dba Vintage Landsc, ape
(Title) (Company)
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence); $2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability $1,000,000 (per claim and aggregate)
Worker’s Compensation (per statutory requirements)
Must include the following endorsements:
Worker’s Compensation Waiver of Subrogation
Worker’s Compensation Declaration of Sole Proprietor if applicable
ATTACHMENT 4
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
Must be executed by proposer and submitted with the proposal;
If no addenda has been issued, mark “N/A” under Addendum No. indicating
Not Applicable and sign
ADDENDUM NO. SIGNATURE INDICATING RECEIPT
Not Applicable
ATTACHMENT 5
EVALUATION CRITERIA
Consultant:
Reviewer:
Date:
Refer to Scoring Breakdown on next sheet.
Category Max Pts Score
Understanding of work to be done 25
Staffing and Scope of Work 20
Pertinent Project Experience 15
Schedule 15
Format/Organization 10
Cost 10
Intangible Qualities (Overall ability to operate a
large-scale facility)
5
Total 100
Unique Qualities (Intangibles):
(Explanation)
Comments:
TOTAL
Reviewer’s Signature
Contract Administrator's Initials Date