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2019-20 Vintage Associates - Park Landscape Maint Project 2018-32ta Qaigra — GEM J'dw DESERT — MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Steve Howlett, Facilities Director DATE: June 5, 2019 RE: Vintage Associates, Inc., Contract for Citywide Park Landscape Maintenance, Project No 2018-32 Attached for your signature is a Contract with Vintage Associates, Inc for Citywide Park Landscape Maintenance. Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: X Contract payments will be charged to account number: 101-7004-60189; 101-3005-60108 101-3004-60112; 101-3006-60108; 215-7004-60189 X Amount of Agreement, Amendment, Change Order, etc.: $658,260 NA A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or _ reportable interests NA A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 18701(2). Authority to execute this agreement is based upon: X Approved by the City Council on May 21, 2019 X City Manager's signature authority provided under Resolution No. 2018-014 for budgeted expenditures of $50,000 or less. This expenditure is $658,260 and authorized by Council. S;' Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attached to the agreement: X Insurance certificates as required by the agreement (approved by Risk Manager on (o �Jp-,I.q1 do, ) X Performance bonds as required by the agreement (originals) r l V X City of La Quinta Business License number 0003446 exp 01/31/2020 X A requisition for a Purchase Order has been prepared (amounts over $5,000) X A copy of this Cover Memo has been emailed to Finance (Claudia) Revised May 2017 SECTION 1250 NOTICE TO CONTRACTOR TO ENTER INTO CONTRACT TO: Vintage Associates, Inc. dba Vintage Landscape (Name of Contractor) YOU ARE HEREBY NOTIFIED that a Contract has been awarded to you by the City of La Quinta (hereinafter referred to as "City") for the landscape maintenance services designated as: PARK LANDSCAPE MAINTENANCE SERVICES PROJECT NO. 2018-32 (hereinafter referred to as the "Work") in the CITY OF LA QUINTA, STATE OF CALIFORNIA. The Contract for said work is on file in the office of the City Clerk, and further, you are hereby required within fifteen days (15 days) after this Notice to enter into a contract with said City for the doing of said work and to furnish a Performance Bond in the amount equal to one -hundred percent (100%) and a Payment Bond, as required by law, in a sum of twenty-five percent (25%) of the contract price. �.8 DATED thisnd day of May , 2019. Monika Radeva, CI CLERK CITY OF LA QUINTA STATE OF CALIFORNIA 1200-11 SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF LA QU:INTA, a municipal corporation, herein referred to as "City," and Vintage Associates, Inc dba: Vintage Landsrape , herein referred to as, "Contractor." WITNESSETH1 In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor, shall furnish all necessary labor, material, equipment, transportation and services to perform Project No. 2018-32, Park Landscape Maintenance Services in the City of La Quinta, California pursuant to the Request For Proposal (RFP), the project Specifications, and Contractor's Proposal, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Proposal be in conflict -�i!ith 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 \Alork shall be in accordance with that specified in the Requests for, Qualifications and Proposals. 2, Contractor will comply -oiith 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 Superintendent, 4, Contractor shall commence work on July 1, 2019 after the issuance of a written Notice to Proceed. 5. In consideration of said work, City agrees to pay Contractor, such sums as shall be approved by Parks Superintendent at monthly sums and/or unit prices stated in the Contractor's Proposal, the base consideration All payments shall be subject to approval by the Parks Superintendent and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem 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). Contract 1300-1 Pursuant to Section 1770, et. seq., of the California Labor Code, the successful proposer shall pay not less than the prevailing raise 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 htt :1www.dlr.Ca.g_ov. Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations at the time the contract is awarded. Contractors and subcontractors may find additional information for registering at the Department of Industrial Relations website at htti)://www.dl;-.ca.gov/Publi2Q-WQrksl?ublicWorks.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 -k�lith 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 ,l�llth 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 v,/hich shall be paid by Contractor, S. Except for the gross negligence or willful misconduct of an Indemnified Parry (as hereinafter defined), the Contractor hereby assumes liability For and agrees to defend (at Indemnified Parties' option), indemnify, protect and 'void harmless City and its Project Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses 'including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnified Parties arising out of or encountered in connection with this Contract or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors; Contract 1 300-2 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or, otherwise; 1. 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 (I), (2), (3), (4) and (5). Contractor's obligations under this Section apply regardless of v,!hether 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. Hooiever•, rilthout 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 shotnm 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, attribul"ahie 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 Contract i 1300-3 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, Indernnificatiort 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 mold 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 witi7 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, InsUran-ce RQrrjjrements. This insurance shall be kept in full force and effect 1Wy Contractor during this entire contract and ail premiums thereon shall be promptly paid by it� Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured on the Commercial General Liability policy only. Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hour's in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 12. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections contract 1300-4 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $1,607.00 liquidated darnages 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. 7n 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. 6. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to under -take the above work- 1 7. 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 amouritis to �,klhich 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. it not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices inCluding, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors; travel, lodging, meals and overhead. 20. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. 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 Dated. k J. 5 nv-1,eRk, City Manager ATTEST: mI_►I_9IlY &� 7 _ APPROVED AS TO FORM: / , (if J ,' -/ _ t_ -4�� Dated �4 ? L City Attorney "CONTRACTOR" (If corporation, affix seal) Dated: Name. Gregory A. Gritters Signature Title:. CEO Address: 78755 Darby Road, Bermuda Dunes, CA 92203 Street Address City E-mail: greg@thevintageco.com Dated: Name: Kyle Gritters State Zip Code By. Y Sigrfatt- Title: vice President Address: 78755 Darby Road, Bermuda Dunes, CA 92203 Street Address city E-mail: kyleg@thevintageco.com State Zip Code Contract 1300-6 Bond No.: 12141600 Premium: $12,374.00 SECTION 1310 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHF nl A they C�t�r of La Quinta (hereinafter referred to as "City") has n age s tl es, n "'Contractor") awarded to DSA Vintage Landsca a (hereinafter referred to as the Contractor ) (hereinafter referred to as the an agreement for Park Landscape Maintenance Services, Project No.: 2018-32 "Contract"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated May 22, 2019 , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. Vintagge Associates, Inc. NOW, THEREFORE, we, DBAVintageLandscape , the undersigned Contractor and The Guarantee Company of North America USA as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Six Hundred Fifty -Eight Thousand Two Hundred Sixty and 001100 DOLLARS, ($ 658,260.00 ), 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 Performance Bond 1300-7 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: (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. Performance Bond 1300-8 IN WITNESS WHEREOF, we have hereunto set our hands and seals this 29th day of May , 2019 ). Vintage Associates, Inc., (Corporate Seal) _ DBA Vintage Landscape Contractor/ Principal By Title (Corporate Seal) The Guarantee Company of North America USA S u rety By Names B. Shea, 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) $20 00 for the first $500,000 00 The rate of premium on this bond iS1soofor the next $,se,2s000per thousand. The total amount of premium charges, $ 12,374.00 (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) The Guarantee Company of North America USA 1026 Oak Street, Ste. 200 Clayton, CA 94517 Kevin Chambers or Phil Watson, Underwriters (Same address as above) 925-566-6040 for Kevin Chambers 925-566-6042 for Phil Watson 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the documentto which this certificate is attached, and n.ot the truthfulness, accuracy, orvalidity of that document. State of California County of Santa Clara On .d + q before me, Date personally appoared D. Guzman, Notary Public Here Insert Name and Title of the Officer James B. Shea Name(s)of Signer(s). who proved to me on the basis. of satisfactory evidence to be the person(s) whose riame(d) is/awe— subscribed to the within, instrurent and acknowledged to me that he/e4e _ executed the same in hi '14eW authorized capacity( }, and that by his/herftl"_ rsignature(p) on the instrument the person(d), or the entity upon behalf of which the: person(i) 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. D. GUZMAN WITNESS my hand and official seal. CDMrnisslnn 21205CO Notary Public . caliturnla x ' ^ Santa Clara County s. Signature My Comm. ('ir".' i`-Pg " ; Signature o Notary Public, Place. Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): L Partner — L Limited -- General Individual 7 1 Attorney in Fact Trustee I Guardian or Conservator F Other: Signer Is Representing: S:igner's Name: Corporate Officer — Title(s): L Partner — - Limited I General �- Individual — Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6.827) Item #5907 THE The Guarantee Company of North America USA GUARANTEE'' Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Jeffrey N Aber, James B. Shea, Dora M. Hockett, Dianna Guzman Shea Surety & Insurance Services its true and lawful attorney(s)-in-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 maybe allowed, required or permitted bylaw, statute, rule, regulation, contract or otherwise The execution of such instrument(s) in pursuance ofthese presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fullyand amply, to all intents and purposes, as if the same had been duly executed and acknowledged by Its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and maybe revoked, pursuant to and by authority of Article IX, Seclion 9.03 of the By -Laws adopted by the Board of Dlrectors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December. 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the 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 revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. rGo. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 2"aday of October, 2015. �THE GUARANTEE COMPANY OF NORTH AMERICA USA np, . STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary County of Oakland On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said company. Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2024 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect C�r, IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 29th day of May, 2.019 Randall Musselman, Secretary Bond No.: 12141600 Premium: Included in Performance Bond SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has on May 22 , 2019, awarded to Vintage.Associates. Inc., DBA Vintage Landscape hereinafter designated as the Principal, a Contract for City Project No. 2018-32, Park 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 The Guarantee Company of North America USA as Surety, are held and firmly bound unto the City in the just and full amount of six Hundred Fifty -Eight Thousand Two Hundred Sixty and 001100 DOLLARS ($6�8.260.00 ) 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 29th day of May , 2019, 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., DBA Vintage Landscape Principal (Seal) Signature for Principal 6�2�) Title of Signatory The Guarantee Company of North America USA Surety (Seal) Si 'ature for Surety James B. Shea, Attorney -in -Fact Title of Signatory 1026 Oak Street, Ste. 200 Clayton, CA 94517 Address of Surety 925-566-6040 for Kevin Chambers 925-566-6042 for Phil Watson Phone # of Surety Kevin Chambers or Phil Watson, Underwriters Contact Person for Surety Payment Bond 1300-13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Santa Clara On M &11 0- 0 11 before me-. Date personally appeared D. Guzman, Notary Public Here insert Name and Title of the Officer James B. Shea Name(s) of Signer(s). who proved to me on the basis of satisfactory evidence to be the person(g) whose named is/We- subscribed to the within instrument and acknowledged to me that hets4eA executed the same in hisf 4e6 authorized capaclty(ies}, and that by hlsf- k�i signature(p) on the Instrument the person(s), or the entity upon behalf of which the person(i) 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. �w D. GUZMAN �. WITNESS my hand and official seal. Commission # 2120560 1C xlrr �,tru Notary Public - California -_ Santa Clara County - Signature My Comm. Ex!* es A! r 20, 201 Signature Notary Public Place. Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) DOCLament Date: Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer, - Title(s): Partner - L Limited General Individual _ Attorney in Fact Trustee i Guardian or Conservator G Other: Signer Is Representing: Signer's Name: Corporate Officer - Title(s): 7 Partner - _ Limited _j General f___ Individual - Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item#5007 THE The Guarantee Company of North America USA _ GUARANTEE" Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Jeffrey N. Aber, James B Shea, Dora M. Hockett, Dianna Guzman Shea Surety & Insurance Services its true and lawful attorney(s)-in-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 permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA 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 the principal office The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the 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 revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the prn.,,er and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final est;mates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification orrevocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on th a 6th day of December 2011, of which the -following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to arty Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed *j IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 2"d day of October, 2015. 4 a� THE GUARANTEE COMPANY OF NORTH AMERICA USA )*UdIz STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary County of Oakland On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guaranlee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said company Cynthia A Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2024 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. ark i I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. �w IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 29th day of May, 2019 i �ti rs4 Randall Musselman, Secretary