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2020-21 Vintage Associates Change Order 1 - Park Landscape Maint Project 2018-32Revised May 2017 M E M O R A N D U M TO: Jon McMillen City Manager FROM: Bryan McKinney, Public Works/City Engineer Director DATE: June 8, 2020 RE: Vintage Associates, Inc., Contract for Citywide Park Landscape Maintenance, Project No 2018-32 Attached for your signature is Contract Change Order #1 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. NA Bond No.: 12178788 Premium: $10,921,00 SECTION 1310 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of La Quinta (hereinafter referred to as "City") has awarded to Vintage Associates, InG , , (hereinafter referred to as the "Contractor") Project No. 2018-32_ an agreement for Citywide Park Landscape Maintenance Service (hereinafter referred to as the "Contract"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated Term: July 1, 2020 through June 30, 2021 (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Vintage Associates, Inca., the undersigned Contractor and The Guarantee Com2any of North America USA as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Five Hundred Sixty -One Thousand Four Hundred Twenty and 00/100 DOLLARS, ($ 561.420.00 ), 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, executers, 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_aniaunt_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 T May , 2020), (Corporate Seal) Vintage Associates, Inc., Contractor/ Principal By Title �i�sicc°P (Corporate Seal) The Guarantee Company of North America USA Surety By — Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. (Attach Attorney -in -Fact Certificate) Title James B. Shea, Attorney -in -Fact $20.00 for the first $500,000.00 The rate of premium on this bond 416.Qofor the next $61,420.5er thousand. The total amount of premium charges, $10 921.00 (The above must be filled in by corporate attorriey-I THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) The Guarantee Company of North America USA One Towne Square, Suite 1470 Southfield, MI 48076 n/a (248) 281-0281 for Brent Snelgrove NOTE: A copy of the Power-of-Attomey authorizing the person signing on behalf of the Surety to do so must be attached hereto. Performance Bond 1300-9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On May 29, 2020 Date personally appeared Santa Clara before me, D. Guzman, Notary Public Here Insert Name and Title of the Officer James B. Shea Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($) whose name(i) is/ar-- subscribed to the within instrument and acknowledged to me that he/sheAhey-executed the same in his/herAheoFauthorized capacity(ies}, and that by hisAienT,crr Heirsignature(p) on the instrument the person(d), or the entity upon behalf of which the person(i) acted, executed the instrument. D. GUZMAN Notary Public - California *MY Santa Clara County 6 Commission k 2298530 Comm. Expires Aug 20, 2023 �+-ter...• I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and gfficial seal. 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: Document Date: September 19, 2019 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: •� Corporate Officer — Title(s): _ Partner — C Limited -_ General Individual i Attorney in Fact Trustee I Guardian or Conservator G Other: Signer Is Representing: _ _ Signer's Name: L Corporate Officer — Title(s): I Partner — Limited J General r Individual — Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: - ©2014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 (V THE The Guarantee Company of North America USA GUARANTEEµ 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 atorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts ofindemnity 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 AM ERICA 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 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 Attomey-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 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. 'f= �o IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and 4 s P - rs1 its corporate seal to be affixed by its authorized officer, this 2 day of October, 201S.- �s / THE GUARANTEE COMPANY OF NORTH AMERICA USA 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 �rEarD IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 29th day of May, 2020 � �T "`"11++f"¢* Randall Musselman, Secretary Bond No.: 12178788 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 28, 2019 awarded to Vintage Associates, Inc , hereinafter designated as the Principal, a Contract for City Project No. 2018-32, Park Landscape Maintenance Services: *Term: July 1, 2020 through June 30, 2021 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 Ame6ca USA as Surety, are held and firmly bound unto the City In the just and full amount of Five Hundred Sixty -One Thousand Four Hundred Twenty and 00/100 DOLLARS ($561,42U0 _ ^) 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 Callfornia 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. 2020 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of Its governing body. Vintage Associates, Inc., Principal (Seal) Signat re for Principal y Title of Signatory The Guarantee Company of North America USA Surety (Seal) Sign re for Surety James B. Shea, Attorney -in -Fact Title of Signatory One Towne Square, Suite 1470 Southfieid Mi 48076 Address of Surety (248) 281-0281 Phone # of Surety Brent Snelqrove Contact Person for Surety Payment Bons! 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 On May 29, 2020 Date personally appeared Santa Clara before me; 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($) whose name(i) is/aFe subscribed to the within instrument and acknowledged to me that he/sheA#e"xecuted the same in his/herAheoFiuthorized capacity4a4 and that by his"i,� r-signature(p) on the instrument the person(l), or the entity upon behalf of which the person(g) 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. WITNESS my hand and official seal. D. GLI&AN r' Notary Public - California 1 Santa Clara County Signature 1 Commission # 2298530 SignaVe of Notary Public eMy Comm. Explres Aug 20, 2023 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: Document Date: September 19, 2019 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:._-_ Corporate Officer — Title(s): _ Partner — C Limited General Individual _-_i Attorney in Fact il Trustee I Guardian or Conservator CG Other: Signer Is Representing: Signer's Name: L Corporate Officer — Title(s): I Partner — , Limited _j General r Individual — Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: 02014 National Notary Association - www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) 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 then ature thereof, which are or maybe allowed, required or permitted bylaw, statute, rule, regulation, contractor 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 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. 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 2ntl day of October, 2015 THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer County of Oakland Randall Musselman, Secretary 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. rats IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 29th day of May, 2020 Randall Musselman, Secretary