2024-25 Vintage Associates SRR Landscape Maint Project 2023-31MEMORANDUM
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i::lE.lEl)H.NE.1
DATE: June 19, 2024
TO: Jon McMillen, City Manager
FROM: Dianne Hansen, M&O Superintendent
RE: Vintage Associates, Inc - SilverRock Landscape Maintenance and On-call services
Project 2023-31
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
Approved by City Council on June 18, 2024 Consent Item No. 16
City Manager's signing authority provided under the City's Purchasing Policy
[Resolution No. 2023-008] for budget expenditures of $50,000 or less.
Department Director's or Manager's signing authority provided under the City's
Purchasing Policy [Resolution No. 2023-008] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Bid
Sole Source
_a
Procurement Method (one must apply):
RFQ n 3 written informal bids
Cooperative Procurement
RFP
Select Source
Requesting department shall check and attach the items below as appropriate:
215-7004-60691; etc.
Agreement payment will be charged to Account No.:
Agreement term: Start Date July 1, 2024 End Date June 30, 2025
Amount of Agreement, Amendment, Change Order, etc.: $ 299,766 per FY
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
nInsurance certificates as required by the Agreement for Risk Manager approval
Approved by: Oscar Mojica Date: 6/21/2024
Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
Business License No. 0003446 Expires: 2/28/2025
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation,
herein referred to as "City," and VINTAGE ASSOCIATES, INC., herein referred to as,
"Contractor."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and
services to perform Project No. 2023-31, SilverRock Landscape Maintenance Services and
On -Call Landscape Maintenance Services in the City of La Quinta, California pursuant to the
Request For Qualifications (RFQ), the project Specifications, and Contractor's Proposal, all of
which documents shall be considered a part hereof as though fully set herein.
Should any provisions of Contractor's Proposal be in conflict with the Notice Inviting
Proposals, Specifications, or this Contract, then the provisions of said Contract, Specifications,
and Invitation to Propose shall be controlling in that order of precedence. The time frame for
work shall be in accordance with that specified in the Requests for Qualifications.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code
Regulations, which are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the Parks M&O Superintendent.
4. Contractor shall commence work on July 1, 2024, after the issuance of a written Notice
to Proceed.
5. In consideration of said work, City agrees to pay Contractor such sums as shall be
approved by Parks M&O Superintendent at monthly sums and/or unit prices stated in the
Contractor's Proposal, the base consideration ($ 299,776.00). All payments shall be subject to
approval by the Parks M&O Superintendent and shall be in accordance with the terms,
conditions, and procedures provided in the Specifications.
6. The Contractor shall not knowingly pay Tess than the general prevailing rate for per diem
wages, 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 1770-1777, Labor Code of
California).
Pursuant to Section 1770, et. seq., 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://www.dir.ca.gov.
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
Contract
1300-1
subcontractors may find additional information for registering at the Department of Industrial
Relations website at http://www.dir.ca.00v/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 with 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 be 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;
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
Contract 1300-2
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), (2), (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, judgment, civil
fine 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 liability not attributable to 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 Documents or Agreements. In the event of any claim
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. Except 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 Requirements. 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
Contract 1300-3
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 hours 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 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
Contract 1300-4
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.
Contract 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
C
Dated: /O By:
Jon McMillen, City Manager
ATTEST:
Monika Radeva, City �� rk
APPROVED AS TO FORM:
Dated:
7/4 -az
6/7-6 2-6 z
City Attorney
Dated: 5/2 27z0.1
Name: k'y (- 6irI.S
"CONTRACTOR"
(If corporation, affix seal)
By:
Title: CEO
Address:
atrbq i? L iii vdc I L eS C4 9.2203
Street Address
City State Zip Code
E-mail: ky L & 4ev." .5ecc.co
Dated: Jr7.2$/20.Zy By:
Signature
Name: Title:
Address:
Street Address City State Zip Code
E-mail:
Contract 1300-6
SECTION 1240
SUMMATION —FORM
SILVERROCK LANDSCAPE MAINTENANCE SERVICES
PROJECT NO. 2023-31
SILVERROCK EVENT PARK
Item No.
Description
Unit
Quantity
Unit Price
Annual Price
1
Turf
SF
209,600
$56,176
2
Shrubs and Ground Cover
SF
154,460
$90,000
3
Irrigation
SF
362,030
$24,000
TOTAL
$170,176
RETENTION BASIN & LANDSCAPE PERIMETER
Item No.
Description
Unit
Quantity
Unit Price
Annual Price
1
Turf
SF
10,300
$3,600
2
Shrubs and Ground Cover
SF
774,288
$96,000
3
Irrigation
SF
785,588
$30,000
TOTAL
$129,600
TOTAL BASE PROPOSAL FOR SILVERROCK PARK, RETENTION BASIN, AND PERIMETER
LANDSCAPE:
Two Hundred Ninety -Nine Thousand and Seven Hundred and Seventy -Six Dollars (IN WORDS)
($299,776)
A. Initial Annual Contract Period will be for one year (12 months) from July 1, 2024, until June 30,
2025.
B. The City may elect to exercise an extension to renew this contract for six additional terms with a
ninety (90) -day notice, contingent upon satisfactory work of the Contractor.
C. The City may authorize a maximum increase per fiscal year to the above listed contract amount
based on the Local Consumer Price Index for Riverside, San Bernardino, and Ontario areas.
D. Authorized extra work and services may be requested in an annual amount to be determined at
the City's discretion and approved by City Council for landscape restoration and/or additional On -Call
Landscape Maintenance services within the L&L, non -contracted maintenance areas, other City
Facilities, and parks.
Bond No. ES00014186
SECTION 1310 Premium: $5,996
PERFORMANCE BOND Premium will be adjusted
based on final contract amount
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of La Quinta (hereinafter referred to as "City") has awarded to
Vintage Associates, Inc. , (hereinafter referred to as the "Contractor")
an agreement for Project No 2023-31 SilverRock Landscape Maintenance Services (hereinafter
referred to as the "Contract").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated June 19, 2024 , (hereinafter referred to as
"Contract Documents"), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, Vintage Associates, Inc., the undersigned Contractor and
Everest Reinsurance Company as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly
bound unto the City in the sum of two hundred ninety-nine thousand seven hundred seventy-six and 00/100 DOLLARS,
($ 299,776.00 ), said sum being not less than one hundred percent (100%) of the total
amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its officers and
agents, as stipulated in said Contract Documents, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder
shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's
rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but
not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City's option:
Performance Bond 1300-7
(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
(2) Obtain a proposal or proposals for completing the Project in accordance with all terms
and conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible proposer, arrange for a Contract between such
proposer, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract price,
including other costs and damages for which Surety may be liable. The term "balance
of the contract price" as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any amount
previously paid by the City to the Contractor and any other set offs pursuant to the
Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California
and federal law and make available as work progresses sufficient funds to pay the cost
of completion of the Project, less the balance of the contract price, including other costs
and damages for which Surety may be liable. The term "balance of the contract price"
as used in this paragraph shall mean the total amount payable to Contractor by the City
under the Contract and any modification thereto, less any amount previously paid by
the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a
proposal from Contractor for completion of the Project if the City, when declaring the Contractor
in default, notifies Surety of the City's objection to Contractor's further participation in the
completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845
of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 18th day of
.July 2024).
(Corporate Seal) Vintage Associates, Inc.
Contractor/ Pr' ci I �
By
Title eco
Performance Bond 1300-8
(Corporate Seal) Eve tR insurance Company
Surety
By
Aade—wt8
berts, Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
(Attach Attorney -in -Fact Certificate)
The rate of premium on this bond is $20.00
charges, $ 5,996
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for service
of process in California)
Title Attorney -in -Fact
per thousand. The total amount of premium
Everest Reinsurance Company
100 Everest Way, Warren Corporate Center
Warren, NJ 07059
Rancho Mesa Insurance Services, Inc.
2355 Northside Drive, Suite 200
San Diego, CA 92108
Surety (908) 604-3000
Agent (619) 937-0164
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
Performance Bond 1300-9
Z -F VE R 6S-\
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY
DELAWARE
KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware
("Company") having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate,
constitute, and appoint:
Matthew C. Gaynor, Anne Wright, Daniel Frazee, Kim D. Vasquez, David J. Garcia, Andrew Roberts
its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed,
where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed
UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to
the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its
corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board
of Directors of Company ("Board") on the 28th day of July 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are
hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds,
undertakings, contracts or obligations in surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company
be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in
surety or co -surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony
Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on
behalf of the Company, bonds and undertakings in surety or co -surety with others, and that the Secretary or any Assistant Secretary of
the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto
the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the
Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or
certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any
bond, undertaking, contract or obligation in surety or co -surety with others to which it is attached.
IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to
be signed by their duly authorized officers this 28th day of July 2016.
urary,P
Everest Reinsurance Company
A�OR4Ae
.
SEAL
y 1973 4+
*
Attest: Nicole Chase, Assistant Secretary
By: Anthony Romano, Vice President
On this 28th day of July 2016, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above
instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was
affixed thereto; and that he executed said instrument by like order.
LINDA ROBINS
Notary Public, State of New York
No 01R06239736
Qualified in Queens County �t
Term Expires April 25, 2023
Linda Robins, Notary Public
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the Liberty Corner, this 18th day
of July 2024 .
ES 00 01 04 16
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF ��J2rS�C�2
On ) ply 0 , 2024, before me, ,,.�5�w2 C'rxXwLk , Notary Public, personally
appeared v; ,15 , who proved to me on the basis of satisfactory
evidence to be fhe person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
jumomm
001MA04MV WITNESS my hand and official seal.
WTM YP AW 0CA1.60ipw►
.r M vee i.2ooe
N-0-1-
Sig6bture of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s)
Partner(s) ❑ Limited
❑ General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Performance Bond 1300-10
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
On July 18, 2024 before me,
Anne M. Wright, Notary Public
(insert name and title of the officer)
personally appeared Andrew Roberts
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
T ANNE M.V1iRIGHT
COMM. #2366867 0
WITNESS my hand and official seal.
0
NOTARYPUBUC-CMNORMA 0
0
SAN DIEGO COUNTY 0
r
My Commission Expires
Signature �
(Seal)
JULY 21, 2025
SECTION 1320 Bond No. ES00014186
PAYMENT BOND Premium included in
Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has
on June 19 , 2024, awarded to Vintage Associates, Inc.
hereinafter designated as the Principal, a Contract for City Project No. 2023-31, SilverRock
Landscape Maintenance Services.
WHEREAS, said Principal is required to furnish a bond in connection and with said
Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any
materials, provisions, or other supplies used in, upon, for, or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond
will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and Everest Reinsurance Company
as Surety, are held and firmly bound unto the City in the just and full amount of
two hundred ninety-nine thousand seven hundred seventy-six and 00/100 DOLLARS ($ 299,776.00
lawful money of the United States, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs,
executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions,
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 amount due under the Unemployment
Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld
pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with
respect to such work or labor, then said surety will pay the same in or to an amount not
exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this
bond, such reasonable attorney's fees to the City as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and corporations
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.
And the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or addition of the terms of the Contract or to the work to be
performed thereunder or the specifications accompanying the same shall, in any way, affect its
obligations of this bond, and it does hereby waive notice of any change, extension of time,
alteration, or addition to the terms of the contract or to the work or to the specifications. Said
Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of
California.
Payment Bond 1300-12
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under
their Corporate seals this 18th day of
July-, 2024, the name and corporate seal of each corporate party being hereto affixed
and these presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
Vintage Associates, Inc.
Principal
X:/ (Seal)
Signatae for Principal
eC�
Title of Signatory
Andrew Roberts, Attorney -in -Fact
Title of Signatory
100 Everest Way, Warren Corporate Center, Warren, NJ 07059
Address of Surety
(657)459-0530
Phone # of Surety
Chris Theveny
Contact Person for Surety
(Seal)
Payment Bond 1300-13
1w`
,'v6 R ESN
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY
DELAWARE
KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware
("Company") having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate,
constitute, and appoint:
Matthew C. Gaynor, Anne Wright, Daniel Frazee, Kim D. Vasquez, David J. Garcia, Andrew Roberts
its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed,
where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed
UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to
the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its
corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board
of Directors of Company ("Board") on the 28th day of July 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are
hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds,
undertakings, contracts or obligations in surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company
be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in
surety or co -surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony
Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on
behalf of the Company, bonds and undertakings in surety or co -surety with others, and that the Secretary or any Assistant Secretary of
the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto
the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the
Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or
certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any
bond, undertaking, contract or obligation in surety or co -surety with others to which it is attached.
IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to
be signed by their duly authorized officers this 28th day of July 2016.
uraryt,,,
Everest Reinsurance Company
40 SEAL
y 1973 d
.'%AWAO -V
* Attest: Nicole Chase, Assistant Secretary
By: Anthony Romano, Vice President
On this 28th day of July 2016, before me personally came Anthony Romano, known to me, who, being duly swom, did execute the above
instrument; that he knows the seal of said Company, that the seal affixed to the aforesaid instrument is such corporate seal and was
affixed thereto; and that he executed said instrument by like order.
LINDA ROBINS
/; ^
Notary Public, State of New York
No 01R06239736
Qualified in Queens County
.,
Term Expires April 25, 2023
Linda Robins, Notary Public
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company,
at the Liberty Corner, this 18th day
of July 2024 .
ES 00 01 04 16
See Attached Acknowledgment
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF Q.A,$-0'S4
On 2024, before me, (-,yv�x-v k , Notary Public, personally
appeared kv l2 , who proved to me on the basis of satisfactory
evidence to be person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
Q COA�1 aI�6
NOTARYM m te"O m
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
(') rn�
SignUture of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
Title(s)
❑ Partner(s) ❑ Limited
General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
L,5 W'41'k 9-oA1
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -
Attorney to local representatives of the bonding company must also be attached.
Performance Bond 1300-11
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
On July 18, 2024 before me, Anne M. Wright, Notary Public
(insert name and title of the officer)
personally appeared Andrew Roberts
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
ANNE M. WRIGHT
P
COMM. #2366867
NCTARYPUBL"ALIFORNIA
WITNESS my hand and official seal.
�,
SAN DIEGO COUNTY
My Commission Expires
Signature ��L
(Seal)
JULY 21, 2025
CONSENT CALENDAR ITEM NO. 16
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITLE: AWARD CONTRACT TO VINTAGE ASSOCIATES, INC. FOR
SILVERROCK LANDSCAPE MAINTENANCE, PROJECT NO. 2023-31; AND AUTHORIZE
THE PUBLIC WORKS DEPARTMENT TO UTILIZE VINTAGE ASSOCIATES, INC. AS A
SINGLE SOURCE FOR EXTRA WORK AND ON-CALL MAINTENANCE SERVICES
RECOMMENDATION
Award a contract to Vintage Associates, Inc. for SilverRock Landscape Maintenance
Services, Project No. 2023-31; authorize the Public Works Department to utilize Vintage
Associates, Inc as a select source for extra work and on-call landscape maintenance
services for up to $300,000 in fiscal year 2024/25; and authorize the City Manager to
execute the contract.
EXECUTIVE SUMMARY
• The City contracts landscape maintenance services for public parks, medians,
parkways, and retention basins throughout the City.
• On April 2, 2024, the City posted a Request for Qualifications (RFQ) for SilverRock
landscape maintenance services (SRR LSM) including on-call landscape
maintenance services; received 5 responses; and the selection committee
recommends contracting with Vintage Associates, Inc. (Vintage) based on their
experience and qualifications.
• Staff requests authority to utilize Vintage as a select source for additional on-call
landscape maintenance services for fiscal year (FY) 2024/25 that is not included in
the scope of the contracted SRR LSM areas.
FISCAL IMPACT
The contract is for an initial 1 -year term and may be extended for 6 additional years based
on satisfactory performance by Vintage. The total cost for FY 2024/25 is allocated between
3 fund accounts as follows:
Fund Account
FY 2024/25
Park Fund (101-7004-60112)
$ 170,176
L&L Fund (215-7004-60112)
$ 47,600
SRR Parkways (215-7004-60146)
$ 82,000
Total:
$ 299,776
331
At this time, staff seeks authorization for a 3 -year period, should the available extended
terms be executed. The costs are detailed below:
Fiscal Year
Landscape Maintenance Services
Cost
FY 2024-25
$299,776
FY 2025-26
$299,776
FY 2026-27
$299,776
Contingency at 5%
(compounded year -over -year for CPI per Section 1240)
$ 45,716
Grand Total:
$945,044
Staff requests Council approval for additional spending authority up to $300,000 in FY
2024/25 for extra work and on-call services. The $300,000 would be charged in increments
as needed to the appropriate budgeted maintenance services account(s) in Parks (101-
3005-60691); and L&L (215-7004-60691 and 215-7004-60673) for landscape maintenance,
renovation, weed abatement, tree removal, and storm damage cleanup of City property.
BACKGROUND/ANALYSIS
The City contracts landscape maintenance for daily, weekly and monthly maintenance of
landscaped areas located within City parks, retention basins, and parkways. The purpose
of SRR LSM is to increase service levels at the SilverRock (SRR) Event Park and
landscape improvements at the parkways located on Avenue 52 and Jefferson Street.
On April 2, 2024, an RFQ was posted for SRR LSM services and on-call services. A
mandatory pre -proposal meeting was held on April 10, 2024; 7 contractors attended;
received 5 proposals; and the Selection Committee recommends contracting with Vintage,
located in Bermuda Dunes, based on their experience and qualifications.
The proposed contract (Attachment 1) includes landscape maintenance services for SRR
Event Park, retention basin, and perimeter parkways located on Avenue 52, Jefferson
Street, and Avenue 54. Section 1240 of the contract also allows for extra work for
landscape maintenance on an on-call as -needed basis. On-call services is not guaranteed
work, however, utilizing the same contractor as a select source for extra work would ensure
continuity and consistency of landscape maintenance and improvements in areas with
aged and deferred landscape maintenance and at City property not located within the
contracted areas. This work may include modifications to the irrigation system, replacement
of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm
debris cleanup, irrigation assessments, and landscape or field improvements at other City
maintenance areas on request.
Staff requests Council approval for additional spending authority with Vintage for extra work
within the SRR LSM areas and on-call services up to $300,000 in FY 2024/25.
332
The contract would be for an initial one-year term, effective July 1, 2024, through June 30,
2025. The contract may be extended for 6 additional years, renewable at 1, 2, or 3 -year
terms, to be executed at the beginning of a FY through 2030/31, at the City's discretion
should the contractor perform in a satisfactory manner. Staff will seek Council approval for
additional spending authority annually and provide an update on the status of the contract
and on the SRR LSM landscape maintenance costs for each FY.
ALTERNATIVES
City Council may direct staff to choose the next most qualified proposer or, direct staff to
prepare new specifications and re -advertise for SRR landscape maintenance services.
However, that would cause a delay in services.
Prepared by:
Approved by:
Attachment:
Dianne Hansen, Maintenance & Operations Superintendent
Bryan McKinney, Public Works Director/City Engineer
1. Contract with Vintage
333