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Vintage Associates/Park Landscape Maint 10SECTION 1300 AGREEMENT THIS AGREEMENT made and entered into this 6 day of 0.2010, by and between the CITY OF LA QUINTA, CALIFORNIA, a Municipal Corporation ereinafter designated as "CITY" and VINTAGE ASSOCIATES, INC. hereinafter referred to as "CONTRACTOR." WITNESSETH: WHEREAS, on February 17, 2010, CITY invited bids for landscape maintenance services for CITY maintained properties per specifications; and WHEREAS, pursuant to said invitation, CONTRACTOR submitted a bid, which was accepted by CITY for said services. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: A. TERMS OF AGREEMENT: This Agreement shall be from the date this Agreement is made and entered, as first written above, until June 30, 2011, or such later date as may be agreed between parties. B. CITY'S OBLIGATIONS: For furnishing services, as specified in this Agreement, CITY will pay and CONTRACTOR shall receive in full compensation, therefore, the annual sum not to exceed Three Hundred Eighty -Eight Thousand Three Hundred Eighty Dollars ($388,38O), as required in the bid documents and adopted by the CITY. C. CONTRACTOR'S OBLIGATIONS: For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, CONTRACTOR agrees with CITY to furnish the services and to do everything required by this Agreement and the said specifications. D. INDEMNIFICATION. 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, 1300-1 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 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 agreement, 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 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 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 agreement. 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 agreement or this section. This indemnity shall survive termination of the Agreement 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 1300-2 Agreement 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. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. E. AMENDMENTS: Any amendment, modifications, or variation from the terms of this Agreement shall be in writing. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing and signed by both parties. F. TERMINATION: If, during the term of this Agreement, CITY determines that CONTRACTOR is not faithfully abiding by any term or conditions contained herein, CITY may notify CONTRACTOR in writing of such defect or failure to perform; which notice must give CONTRACTOR a ten-day notice of time thereafter in which to perform said work or cure the deficiency. If CONTRACTOR has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such shall constitute a break of this Agreement and CITY may terminate this Agreement immediately by written notice to CONTRACTOR to said effect. Therefore, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligations of said CONTRACTOR'S surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received CITY'S Notice of Termination, minus any offset from such payment representing the CITY'S damages from such breach. City reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined at the CITY'S sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of the compensation quoted in its bid. G. INCORPORATION BY REFERENCE: The Notice Inviting Bids, the General Bid Terms and Conditions, the Special Bid Terms and Conditions, Bid Submission Form(s), and the Bid Specifications, are hereby incorporated in and made a part of this Agreement. H. COMPLETE AGREEMENT: This written Agreement, including all writings specifically incorporated hereby in reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be or any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. I. ANTI -DISCRIMINATION: In the performance of the terms of this Agreement, CONTRACTOR agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. J. AUDIT: CITY shall have the option of inspection and/or auditing all records and other written materials used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR. 1300-3 K. NOTICE: All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: CITY: City of La Quinta Attn: Steve Howlett P.O. Box 1504 La Quinta, CA 92247-1504 (760) 777-7026 CONTRACTOR: Vintage Associates, Inc. Attn: Gregory Gritters 78755 Darby Road Bermuda Dunes, CA 92203 (760) 772-3673 L. LITIGATION COSTS: In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. M. AUTHORITY TO EXECUTE AGREEMENT: Both CITY and CONTRACTOR do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. 1300-4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement at La Quinta, California, the day and year first above written. "CITY" CITY OF LA QUINTA, CALIFORNIA A� Municipal Corporation BY. Dated: Thomas P. Genovese', City Manager ATTEST• Veronica Montecino, City Clerk City of La Quinta, California APPROVED AS TO FORM: t rine JenVeh, City Attorney "CONTRACTOR" Name:�y 4- 6r; `ey5 Title: ty-6&/ n1 M Name: Dated: Dated:_ S��D Dated: aO40 Dated: "CONTRACTOR" (If corporation, affix seal) 1300-5 Insi N SECTION 1320 PAYMENT BOND Bond No.: 0520230 Premium: $947.00 Per Year of La Quinta, a municipal corporation, hereinafter designated as the 2010, awarded to Vintage Associates, Inc., hereinafter it, a Contract Services Agreement for Park Landscape Maintenance incipal lv required to furnish a bond in connection and with said if said Principal, or any: of its subcontractors shall fail to payfor any ther supplies used in,'upon, far; or about the performance of the e, or forany work or, labor done thereon of any kind, including work i. period, "theSurety of this bond will pay the same to the extent we, Vintage"Associates, Inc., the Principal, and International Fidelity iurety, are held and firmly bound unto the City in the just and full den Thousand Ninety -Five Hundred and Noll00 Dollars i $97.095.001 d States,."for the payment of which sum will and truly to be made, its,', executors; administrators, successors, and assigns, jointly and presents. )F THIS OBLIGATION IS SUCH, that if said Principal, or its heirs, successors, or assigns, shall fail to pay for any material, provisions, upon, .for , or about the performance of the work. contracted to be r labor thereon of any kind -or' for anyl amounts due under the Ae"t with respebt to such work or labor, or for any amounts due; or i Sections 18806 of the Revenue and Taxation Code of the State of such work or labor, then said Surety will pay the same in an amount hereifiabove set forth, and also will paY in suit is brought upon ® attorney's fees to the City as shall be fixed by the court. to the benefit of any and all persons, companies, and corporations f the Civil Code of the State of California so as to give a right of signees in any suit brought upon this bond,' ety, for value received; hereby stipulates and agrees that no change, Dn. modification, or addition to the terms of the Agreement or to the re under or the specifications accompanying the same shall, in any is on this bond, and it does hereby waive notice of any change, an, modification, or addition to the terms of the Agreement onto the )ns'. Sald:Surety hereby waives the provisions of Section 2319 and the State of California. 1300-6 (Seal) (Seal)'., tis Instrument under tame and corporate duly signed by its Vintage Associates, Inc. Principal Signature for Principal Title of Signatory International Fidelity Insurance Company Surety, Signatu v Surety James B. Shea Attorney -in -Fact Title of Surety 1575 Treat Blvd. #208, Walnut Creek, Ca 94598 Address of Surety (925)256-8760 Phone Number of Surety Stan Eng Contact. Person of Surety 1300-7 CALIFORNIA•ACKNOWLEDGMENT State of California 1 County of Santa Clara )} n On f '-�'S before me, D. Guzman, Notary Public Date I Here Insert Name and'flde of the ogker personally appeared James B. Shea, Attorney -in -Fact Name(a) of Signar(s) who proved to me on the basis of satisfactory evidence to be the person($) whose name(s) Were -subscribed to the within instrument and acknowledged to me that D. GUZMAN helfshelt m"xecuted the same in histherkkeie-authorized ~W Commission # 1762739 capacity(ies), and that by his%e0heir-signature() on the i :-o Notary Public - California i instrument the person(¢), or the entity upon behalf of z ' Santa Clara County = which the person(0) acted, executed the instrument. My Comm. Expires Aug 20, 2011 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 an ci I seal. Signature— Place7M Notary Seal Above Signature of tary 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: _ Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): — LI Partner — ❑Limited ❑General LI Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRIM OF SIGNER Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: KNOW ALL MEN'„BY THESE PRESENTS: -. That INTERNATIONAL.FHIELITY^INSURANCE COMPANY, a corporation organized and existing. laws of the State of New Jersey', and having its principal office in the City of,Newark, New Jersey; does herebyconstitute and. appoint JAMES B. SHEA, JEFFREY N. ABER, D.'GUZMAN DORA HOCKETT Campbell, CA. its true and lawful attomey(s)-m fact to execute seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other. writings obligatory in the nature thereof,. which are or may be allowed, required or emune by law, stature, rule re lation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as, bindpmg upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal officer This Power of Attomey is executed, and mayybe revoked pursuant to and by authority of Amcle 3-Section 3, of the Byy Laws adopted by the Board of Directors of INTERNATIONALFIDELTTY INSURANCh: COMPANY at a meeting called and.: held on the 7th day of timary, 1974. The. President or any Vice President, Executive Vice President, Secretary or Assistant. Secretary, shall have power and authority (1) To appoint Attomeys-in-fact, and to authorize them to execute on behalf of die Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time,: any such attomey-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by attorneyfacsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. .11Y iyf IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be 6P�kq (/w signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. l� INTERNATIONAL FIDELITY INSURANCE COMPANY SEAL 19 C_j STATE OF NEW JERSEY .r, p County of Essex ' * w Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instmmen[, to me personally known, and, being by me duly .sworn, said the hens the therein described. and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said. Company; that the said Corporate Seal and his signature wereduly affixed by order of the Board of Directors of said Company. NOTARY 'c, 33 y^hyPUBLIC, i �'i'JERSE IN TESTIMONY WHEREOF, I have hereunto set my band affixed my Official Seal, at the City of Newark,;: New Jersey the day and year first above written. s. a CERTI 'sRNATIONAL FIDELITY INSU the copy of the Section of the By-) :OMPANY,. and that the Same are is now in full force and effect A NOTARY PUBLIC OF NEW JERSEY iN My Commission Expires Nov. 21, 2010--. " COMPANY do hereby Certify that I have compared the: foregoing copy of the aid Company as: set forth in said. Power of Attorney, with the ORIGINALS. ON conscripts thereof, and of the whole of the said originals, and that the said Power SECTION 1330 WORKER'S COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code section 1861, prior to the commencement of work in the Agreement, the Contractor shall sign and file with the City the following certification: "I am aware of the Provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of the Agreement." Signature t�resi��� f Title OU/ i O Date 1300-8 SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION 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 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 agreement, 1300-9 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 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 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 agreement. 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 agreement or this section. This indemnity shall survive termination of the Agreement 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 Agreement 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. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 2.0 INSURANCE REQUIREMENTS 2.1 General Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with,the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Contractor shall submit coverage verification for review and approval by the City upon execution of the Contract. The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar 1300-10 insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS. Contractor shall provide the following types and amounts of insurance: 2.2 Commercial General Liability Policy Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than Two Million Dollars ($2,000,000) per occurrence for all covered losses and no less than Four Million Dollars ($4,000,000) general aggregate. Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: a. Explosion, Collapse or Underground Hazard(X CU). b. Products and Completed Operations. C. Pollution liability. d. Contractual liability. Coverage shall be applicable to City for injury to employees of: contractors, subcontractors or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project. 2.3 Workers' Compensation Insurance Workers' Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. 2.4 Business Auto Policy Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. 2.5 Excess or Umbrella Liability Insurance Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverage. Any such coverage provided under an umbrella liability policy shall include a drop down provisions providing primary coverage above a maximum $25,000 self -insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. 1300-11 Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence and aggregate. 2.6 Course of Construction Course of Construction insurance shall provide "all risk" coverage for the completed value of the project. Policies shall contain the following provisions: (1) City shall be named as loss payee; and (2) the insurer shall waive all rights of recovery against the City. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agree as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and anyone else involved in any way with the project contemplated by this agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of City to any party involved in this agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the project(s) contemplated by this agreement, to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this agreement shall be endorsed to delete the subrogation condition as to City, or to specifically allow Contractors or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other agreement (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving City in relation to the project(s) contemplated by this agreement is intended to be construed to limit the application of insurance coverage in any way. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 1300-12 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, at the option of City, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Contractor agrees to endorse, and to require others to endorse, the insurance provided pursuant to these requirements, to require thirty (30) days notice to City and the appropriate tender prior to cancellation of such liability coverage and notice of any material alteration of non -renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this agreement to do likewise. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If contractor's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the contractor, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 1300-13 13. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the city, and to require all subcontractors and any other person or entity involved in the project contemplated by this agreement to do likewise. 17. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all- inclusive. 18. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 19. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City. 20. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contractor agrees to obtain and provide to City a copy of Professional Liability coverage for Architects or Engineers working on this project through Contractor. City shall determine the liability limit. 7300-74 2.7 Change in Terms The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to: Thomas P. Genovese, City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92247 1300-15 arev1e V" ACORD- CERTIFICATE OF LIABILITY INSURANCE °" 94�211110 a,00uCUR Commercial Lines • (B1B) 484 9300 Walls Fargo Insurance Services USA, Inc. - CA Lic#: OD08408 15303 Ventura Boulevard, 7th Floor Sherman Oaks, CA 91403 - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ALTEER. THIS CERTIFICATE DOES NOT AMEND, E)XCr NO OR R THE COVERAGE AFFORDED BY THE OLICC IES BELOW. INSURERS AFFORDING, COVERAGE. "Ca INSURED Vintage Associates, Inc., DBA: Vintage Landscape 78.755 Darby Road Bermuda Dulles, CA 92201 wsuReR k Golden Eagle Insurance COMO(atiOn INSURER& P0BdeSeIIYSUIanG8COmP0ry 24198 wauRER c: Treveler'•s:PropeAy'&Casuaity Company orAmad 25874 ulsuREa o: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANYREOUIREMENTTERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND OONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. hw UlmECTIY TYPE OF INSURANCE POLICY NUMBER CY RATION LIIai9 A, GENERAL LIABILITY %( COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX� OCCUR CBPS392647 05/01/2010 051012011 EACH OCCURRENCE s , MED EfP ace i 100,000 f SAW PERSONAL B AM INULRY i 1,00"Do GENERALAGGREOATE f 2AMI000 PRODI/LTS-COMPIOP Aafi f 2,000,00D GENL AGGREGATE POLICY Lear APPLIES PER: M PA X LOC B AUTOMOBILE x UABLLITY ANY AUTO ALLOWNEDAUTOS SCHEDULEDAUTOS HIRED AUTOS NOMOIMEDAUTOS BAOM292 OSW112010 05101f2011 COLUMNED SINGLE LIMIT f 1,000.000 BODILY INJURY (Per perm) f x SWIL wJURY It(PoraceBanD X P, DAMAGE (Perearecdd�en) S GARAGE LIABILITY ANY AVTO AUTO ONLY -EA ACCIDENT f EA ACC ooeY AGO S f A EXCESSIUMBRELLA X--I LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE CU 87789D3 OS/012010 05/01/2011 EACH OCCUMENCE s 8.0SS,WS AGGREGATE S 510.E i f C RETENTION SVIC WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY P MEryIA�PARTNEEI� CUTNE Ir drrMcftgleer SNOW TC2JUB419JS253-10 05/012010 05012011 x BTATU- OfH• E.L. EACH ACCIDENT S 1,000,000 EL DISEASE • FA EMPLOYEES 1,000,0w EL DISEASE• POLICY LIMIT II1.0S0.OW BION OTHER DESCRIPTION OF OPERATIONS I LOCATIONSIVEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL, PROVISIONS - The City, City employees and officers. the City Engineer. Its Consultants, elected officials, agents, and sub -consultants, are Additional Insured for work under contract for the City per form GECG 602(09/04) aRached. Named Insured Continued: Vintage Nursery, Turfsoapes, Treadle, Schmidt Services & Eventscaps, DSA: Water Rite. MCRI IrlV�lc nvrvr,• SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3* DAYS WRITTEN City Of La QUlnta NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 80 SHALL Attn: Thomas Genovese IMposE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE IMBURER ITS AGENTS OR P. O. BOX 1504 REPRESENTAHVES. AUTHORIZED REPRESENTATIVE La Quints CA 92253 ACORD 25 (2001106)1 of 2 141D428 0 ACORD CORPORATION 198E (This certificate replaces aerHfieateti 1410212 Issued on 3r4FXU1U) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend of alter the coverage afforded by the policies listed thereon. ACORD 25S (2001106) 2 of 2 #S9152601M915043 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I -COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions Item 2.g. 2) is replaced with the following: 2.g. 2) A watercraft you do not own that is: a) less than 50 feet long; and b) Not being used to carry persons or property for a charge. item 2.g. 6) is added.* 6) An aircraft in which you have no ownership interest and that you have chartered with crew. The last paragraph of 2. Exclusions is replaced with the following: Exclusions c. through n, do not apply to damage by fire, explosion,�irsprinthe kler of theowner, to o premises while rented to you, temporarily occupied by y managed by you under a written agreement with the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. SECTION I - COVERAGES COVERAGE C. MEDICAL PAYMENTS If Medical Payments Coverage is provided under this policy, the following is changed 3. Limits The medical expense limit provided by this policy shall be the greater of: a. $10,000; or b. The amount shown in the declarations. Coverage C. Medical Payments is primary and not contributing with any other insurance, even if that other insurance is also primary. DECO 602 (09104) Includes copyrighted matctial of Insum"Setvices Offices Inc. with its Permission Page 1 of I The following is added: COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES Insuring Agreement We will pay "product recall notification expenses" incurred by you for the withdrawal of your products, provided that: a. Such withdrawal is required because of a determination by you during the policy period, that the use or consumption of your products could result in "bodily injury" or "property damage"; and b. The "product recall notification expenses" are incurred and reported tows during the policy period. The most we will pay for "product recall notification expenses" during the policy period is $100,000. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B Item b. and d. are replaced with: b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including actual loss of earnings up to $500 a day because of time off from work. SECTION 11-WHO IS AN INSURED Item 4. is replaced with 4. Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the policy period over which you maintain a controlling interest of greater than 50% of the stock or assets, will quality as a Named Insured it. a) you have the responsibility of placing insurance for such entity; and b) coverage for the entity is not otherwise more specfically provided; and c) the entity is incorporated or organized under the laws of the United States of America. However, coverage under this provision does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the entity, or "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the entity. Coverage under this provision is afforded only until the end of the policy period, or the twelve (12) month anniversary of the policy inception date whichever is earlier. SECTION III - LIMITS OF INSURANCE Paragraph 2 Is amended to include. The General Aggregate Limit of Insurance applies separately to each "location" owned by you, rented to you, or occupied by you with the permission of the owner. DECO 602 (09/04) Includes copyrighted material or insurance Semi= Offices Inc. with its permission Page 2 of 2 Paragraph 6. is replaced with the following: 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property, damage" to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, arising out of any one fire, explosion or sprinkler leakage incident The Fire Damage Limit provided by this policy shall be the greater of a. $500,000. or b. The amount shown in the Declarations. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS Item 2. a. is replaced with: 2. Duties In The Event of Occurrence, offense, Claim or Suit a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives Is aware of the "occurreno", offense, claim, or "suit'. Knowledge of an "occurrence", offense, claim or "suif' by other employee(s) does not imply you also have such knowledge. To the extent possible, notice to us should Include: 1) How, when and where the "occurrence" or offense took place; 2) The names and addresses of any injured persons and witnesses; and 3) The nature and location of any injury or damage arising out of the "occurrence", offense, claim or "suit'. item 4. b. 1) b) is replaced with: b. Excess Insurance 1) b) That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, or Item 6. is amended to include: 6.. Representations d. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we w(II not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our fight to collect additional premium or exercise our right of cancellation or non -renewal. Item 8, is replaced with: 8. Transfer of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. GECG 602 (09r04) Includes copyrighted material of Insurance Services Offices Inc. with its pem.ission Page 3 of 3 b. If required by a written "insured contract", we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under that written "insured contract" for that person or organization and included in the "productscompieted operations hazard". Item 10. and Item 11. are added.' 10. Cancellation Condition If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the first Named Insured at least 00 days prior to the effective date of cancellation. 11. Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. SECTION V- DEFINITIONS The following definitions are added or changed: 9. "Insured contract" a. Is changed to: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion or sprinkler leakage to premises while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner is not an "insured contract". 23 and 24 are added., 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 24. "Product recall notification expenses" means the reasonable additional expenses (Includirg, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television announcements and transportation cost), necessarily incurred in arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged products. The following Provisions are also added to this Coverage Pant: A. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2, under SECTION it - WHO IS AN INSURED is amended to Include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional Insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any notices that we are required to send to the Named Insured and Is an additional insured only with respect to liability arising out of. a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. GECG 602 (0901) Includes copyrighted material orhaumnce Services Offices Inc. with its Permission Page 4 or4 With respect to provision 1.a. above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. 2. This endorsement provision A. does not apply: a. Unless the written contract or agreement has been executed, or permit has been Issued, prior to the 'bodily injury", "property damage" or 'personal and advertising injury'; b. To "bodily injury" or "property damage° occurring after. (1) All work, Including materials, parts or equipment furnished In connection with such work, in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; d. To 'bodily injury", "property damage" or "personal and advertising injury" arising out of any act, error or omission that results from the additional insureds sole negligence or wrongdoing; e. To any person or organization included as an insured under provision B. of this endorsement; f. To any person or organization included as an insured by a separate additional insured endorsement issued by us and made a part of this policy. B. ADDITIONAL INSURED — VENDORS Paragraph 2. under SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization (referred to below as "vendor") with whom you agreed, in a written contract or agreement to provide insurance such as is afforded under this policy, but only with respect to "bodily injury" or "property damage' arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. 'Bodily injury' or "property damage' for which the vendor is obligated to pay damages by reason of the assumption of liability in a contractor agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement, b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor, GECG 602 (09104) , includes copyrighted material of Intersect Services Offices Ina with its permission page 5 of 5 d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer, and then repackaged in the original container, e. Any failure to make such Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the course of business, in connection with the distribution or sale of the products; f, remonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or Ingredient of any other thing or substance by or for the vendor; or h. To "bodily injury° or "property damage" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing. 2. This insurance does not apply to any Insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. GECG 602 (09M) Includes copyrighted materiel orinsomnco Services Offices Inc. with its permission Page 6 or6 T-itY 4 4 a" Sheet 1 of 1 CONTRACT CHANGE ORDER NO. 1 PROJECT NO. 2009-20 CONTRACT: Park Landscape Maintenance Services CONTRACTOR: Vintage Associates, Inc. Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. xxx+xxxx*xx***x**xxa*xxxxxxxx+xxxxxx#x+x+x###x#x#+#++x+++++++a++++x++x+x+++++++xxxx+x#++#xxx+x#+xxa DESCRIPTION OF CHANGES EFFECTIVE JULY 1, 2010: The Bear Creek Trail and Seasons Retention Basin have been maintained under the Landscape and Lighting District (LLD). For consistency with other recreational facilities the maintenance will be moved to the parks maintenance contract while retaining the funding from the LLD. Bear Creek Trail = $85,920 Seasons Retention Basin = $36,000 Original Contract Amount $388,380 Add This Change Order No. 1 $121,920 Revised Contract Total $510,300 By reason of this contract change order the time of completion is adjusted as follows: The contract completion date is June 30, 2011. Submitted By: Date: 6A. 16 Approved B �?/" Date: �IsI0 *x*****x#****x***xx**xxx+axx#+xx++x##x#+#########+#######*###################**#######*###+*##+##x+ We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform alllabor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: / 0??O� Title: Contractor: Vintage Associates, Inc. Date: �b CONTRACT: CONTRACTOR: CONTRACT CHANGE ORDER NO. 2 PROJECT NO. 2009-20 Park Landscape Maintenance Services Vintage Associates, Inc. Sheet 1 of 1 r%f%f arrf rar%ra#**rwrwaat%%r%rr*#w*#rwawwaaa%rrfta%%r%!*wwwwwr!lNwiltwwawawrwtiwarttttYlwwrrffaf+r% Pursuant to the terms of the original Contract Agreement, you are herebydirected to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. t*w%rf raNfaaaf4*iiiNrttr%%%%f%#*###r#wR#tttaraar%r##*!##wrYltN###waYtttt%NNfrNYNf Yfaat#N#f NNa%r%%#N DESCRIPTION OF CHANGES EFFECTIVE October 1, 2010: As a condition of the May 18, 2010, City Council approved Joint Use Agreement between the City and DSUSD, the City will be responsible for ongoing maintenance of the sports fields (turf and irrigation) following the City funded installation of the field lighting. The cost to maintain the sports fields by the Parks Landscape Maintenance contractor until the and of the fiscal year is $19,800. «««rrt«t««rr«rrrar«««r*««««««««««««r«rrrrrr#+rrw««w«««#«+«+««««+«+««+«««*#««+««««« Original Contract Amount $388,380 Change Order No. 1 $121,920 Add This Change Order No. 2 $19,800 Revised Contract Total $530,100 By reason of this contract change order the time of completion is adjusted as follows: The contract completion date is June 30, 2011. *w•#+%+ra+rr%ar%#+r++�+w+www+�r�rrwwr�-frr�wrrarrwrraraarawrrr%rr+++rrrrrrarrrarrrrwrwww+rrwrw:wrwwra Submitted By:_''i� — /G.—l✓JJ�I/ Date: nT Approved By: /� Date: +#r%frr+af waaarr%raataf araaf at%ar%%af rf trtf tfafar%Nrraaaf:faftttrrNwwrtwr#+++#+r%r%rrraarra%rrf+rtr We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Title: Contractor: Vintage Associates, Inc. Date: l © Jd CONTRACT CONTRACTOR: T-itf 4 4 a" CONTRACT CHANGE ORDER NO. 3 PROJECT NO. 2009-20 Park Landscape Maintenance Services Vintage Associates, Inc. Sheet 1 of 1 rrwlrtNrtwfNrt+rasa:aawwrtwwwaaw4a NNNrtwaaaaarNNNN+xrtwrrNN#Nrtaaaarrwawr#rt+wxwaaaaarrrrN#NNrtrt#rtlNSNawara+ Pursuant to the terms of the original Contraqt Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. •raw++rNra NNartrt+++arfar:NwwxartaaarNNNxxw++aaaNlr+wwaarNlr#N+rtaaaartrw+wtwrtrt++ww+waaaaaraar}Nra!lfrtw• DESCRIPTION OF CHANGES EFFECTIVE JULY 1, 2011: Contract extension for Fiscal Year 201 1-2012. No change to the contract price. }}#}}A}}}}AAAAAAA}}#}}}AAN}#}}#}AlAfl4N##}AAA444}#}}{}#}AAAAAAAA4A4N4t}#t{AA44#}{} Original Contract Amount $388,380 Change Order Nos. t through 2 $141,720 Add This Change Order No. $0 Revised Contract Total $530.100 By reason of this contract change order the time of completion is adjusted as follows: The contract completion date is June 30, 2012. rt+i•NN#aaaaaa!•+!!NN{+tart{4NaaN#frtf+aaaar+aarNNrtN}wraaNNaraa4NrN4Ni#i#wMNN#MINA{##NNN+wM!larNNNrtf N! Submitted By: -`� Date: Approved B�/✓%G`�t�P Date: 41111,/1 rNNrrrrrrrrr r i0MASrt F}G6(,1a'J9Sr0 r++CITY wrtwMAtAAGER.+{r#rtr}r+{rr}rtrtrtrrrr++rrr}+rrwrtrwwrt+arrrrt{ We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we willprovide all equipment, furnish allmaterials, perform altlabor, except as maybe notedabove, andperform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Contractor: Vintage Associates, Inc. Title: �%e :5 i66 4) t Date: 5 z L 1 f Sheet 1 of 1 CONTRACT CHANGE ORDER NO. 4 PROJECT NO. 2009-20 CONTRACT: Park Landscape Maintenance Services CONTRACTOR: Vintage Associates, Inc. #+fi#a##a#+a#Y+a#aR#a++++++a#+a#afi+Y+a#lri+ri++afi+afila+a+f+#afi#Y#aY+N++fi+aNaafi+Y#ai+Y##Y!##laaa+fiaafi Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the alloriginal Contract. !f#aa#N##r+aRa:#aN#NraRrN+aRaaRif#fr#f+aYRa#fY+fr+fitr++•Naf Raa##r#Nr#N+#N##N#+##ar#!R#NRaNr+M##+# DESCRIPTION OF CHANGES EFFECTIVE JULY 1, 2012: Contract extension for Fiscal Year 2012/2013. Change to the contract price. Discontinue winter park over -seeding <$13,600> Reducing the tree pruning to safety only <$10,000> Reducing the landscape labor by '/2 of a full time employee <$10,000> Eliminate the Desert ARC Program ♦NIFMMYMMi1F iiF iF•YiF•a#aY#iFNaMk]FNNMRM%YlMY+M1Fk MMwR%N NKN Ysa#Mkit•NM9FMNiF it ilNMY%NiF iF iF iF iF iF iFNMY n.:.-:....i r,.,.+rnn+ Arnmintl $388,380 Chan a Order Nos. 1 throu5141,720 Add This Change Order No. > Revised Contract By reason of this contract change order the time of completion is adjusted as follows: The contract completion date is June 30, 2013. r#NaIRaNRNR+N#lNlt+tR+f RNaRN#ar#YaaYff#NN#fi+N####f##Y#N##Yr NN+N+KN+f Rfalffirf Ni NfiNNaNr#M#+fi#+#+YR#N+ Submitted Approved Date: NRtff i#f R#fN#RR#RR#RfN fNRR #fR#NRf We, the undersigned Contra ve given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, andperform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By:� Contractor: Vintage Associates Inc. Title:✓�SI(1t�1�� Date: CONTRACT: CONTRACTOR: T-ar444" CONTRACT CHANGE ORDER NO. 5 PROJECT NO. 2009-20 Park Landscape Maintenance Services Vintage Associates, Inc. Sheet 1 of 1 •aaaaasauuwrww••wwwwwasaa•araar•aawww wwwwwaaaararraawrwwwwwwwwasawaaarrawwwwaawaaaaaww Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. wwwwrwsaaaasaaawwwwrwwwwwwwawaaraaaaasarrrwwwwwwawraaarrarwwwwwwwwwwaaasaaaaawwwwaaaaaaw• DESCRIPTION OF CHANGES EFFECTIVE JULY 1, 2013: Contract extension for Fiscal Year 2013/2014. iww###wwwwww#wwww#w#ww##i#■i#i ww w i w r w w ww w w##i##w###wwrr wiwwwi######*wwww## Original Contract Amount $388,380 Change Order Nos. 1 through 4 $104,720 Add This Change Order No. 5 $0 Revised Contract Total $493,100 By reason of this contract change order the time of completion is adjusted as follows: The contract completion date is June 30, 2014. Submitted Approved :#w#w##w#•##i# Date: �' 9. 1-3 41 _ Date: (�. ii#i#ti#wi#wi#wi#•:i:#i###tit##ii:wwww#i###ww#Mw#• We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform alllabor, except as may be noted above, and perform ad services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted s►�is Contractor: Vintage Vintage Associates, Inc. Title: Rn-s G L-;%L/ CONTRACT: CONTRACTOR: CONTRACT CHANGE ORDER NO. 6 PROJECT NO. 2009-20 Park Landscape Maintenance Services Vintage Associates, Inc. Sheet 1 of 1 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGES EFFECTIVE JULY 1, 2014: Contract extension for Fiscal Year-201-3=1V- correction: Fiscal Year 2014/2015 Reinstate tree maintenance for $10,000/yr. Reinstate dog park over -seeding for $2,000%yr. Original Contract Amount $3881380 Change Order Nos. 1 through 5 $104,720 Add This Change Order No. 6 $12,000 Revised Contract Total $505,100 By reason of this contract change order the time of completion is adjusted as follows: The contract completion date is June 30, 2015. Submitted By: Date: Y � � /� Approved B Date: J We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Title: CE-0 Contractor: Vintage Associates, Inc. Date: I Z