2019-20 Vintage Associates Bond Release Project 2018-32ta Qaigra
CALIFORNIA
June 16, 2020
Vintage Associates, Inc.
Attn: Gregory Gritters
78755 Darby Road
Bermuda Dunes, CA 92201
Re: Citywide Park Landscape Maintenance, Project No. 2018-32
To whom it may concern:
Per authorization from the Public Works Department, the City Clerk's office
has accepted Performance and Payment Bond No. 12178788 in the amount
of $561,420, and hereby releases Performance and Payment Bond No.
12141600 in the amount of $658,260.
If you have any questions, please call me at (760) 777-7092.
Sincerely,
Nichole Romane
Deputy City Clerk
c: Brian McKinney, Public Works Director/City Engineer
The Guarantee Company of North America USA
File
Bond No.: 12141600
Premium: $12,374.00
SECTION 1310
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHFVRnFfag 5s lie, Coln of La Quinta (hereinafter referred to as "City") has
awarded to ❑BA Vintage Landscape (hereinafter referred to as the "Contractor")
----------------------------------------------- an agreement for Park Landscape Maintenance Services, Project No : 2018-32
(hereinafter referred to as the "Contract").
WHEREAS, the work to be performed by the Contractor is more particularly set
forth in the Contract Documents for the Project dated May 22.2019 ,
(hereinafter referred to as "Contract Documents"), the terms and conditions of which
are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform
the terms thereof and to furnish a bond for the faithful performance of said Contract
Documents.
Vintage Associates, Inc.
NOW, THEREFORE, we, DBA Vintage Landscape , the undersigned Contractor and
The Guarantee Company of North America USA as Surety, a corporation
organized and duly authorized to transact business under the laws of the State of
California, are held and firmly bound unto the City in the sum of
Six Hundred Fifty -Eight Thousand Two Hundred Sixty and 00/100 DOLLARS, ($ 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 r
Title
(Corporate Seal) The Guarantee Company of North America USA
Surety
By qjnl�&elO�
James 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 $500,000.00
The rate of premium on this bond is$''500for 'he"exi$158,260.oper thousand. The total amount
of premium charges, $12,374.00
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
The Guarantee Company of North America USA
1026 Oak Street, Ste. 200
Clayton, CA 94517
Kevin Chambers or Phil Watson, Underwriters
(Same address as above)
925-566-6040 for Kevin Chambers
925-566-6042 for Phil Watson
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be
attached hereto.
Performance Bond 1300-9
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
Santa Clara
On q aq, A.0j_q_ before me,
Ij Date
personally appeared
D. Guzman, Notary Public
Here Insert Name and Title of the Officer
James B. Shea
Name(s) of Signer(s)
who proved to me on the basis. of satisfactory evidence to be the person($) whose named)is/afe-
subscribed to the within instrument and acknowledged to me that he/executed the same in
his/HeFAheifauthorized capacity(i494 and that by his/hiqrA1rr s.ignature(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.
r7. GUWAN WITNESS my hand and official seal.
"" {�• Comrrrission # 21205GD l:
Notary Pul3ile • Galifr,rni8
Santa Giara County Signature
My Carnin- F-.(JAMI, XL1201 _s 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):
Partner — L Limited General
Individual Attorney in Fact
7 Trustee I Guardian or Conservator
C Oftr.
Signer Is Representing:
Signer's Name:
i Corporate Officer — Title(s): .
F Partner — Limited J General
r_ Individual — Attorney in Fact
_ Trustee Guardian or Conservator
i ther*
Signer Is Representing'.
02014 National Notary Association - www.NationalNotary.org • 1-8007US 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 assurety, 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 315tday 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.
"{ar IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
F° its corporate seal to be affixed by its authorized officer, this 2""day of October, 2015.
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
4 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
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.
+erg IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 29th day of May, 2019
i
��'`r% 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., ❑BA
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 Borth 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 00/100 DOLLARS ($658.260•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
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 I
document to which this certificate is attached, and not the truthfulness, accuracy; or validity of that document.
I
State of California
County of Santa Clara
On. _/ Q �C 0 11 before me,
Date
personally appeared
D. Guzman, Notary Public
Here Insert Name and Title of the Officer
James B. Shea
Name(s) ofSigner(s)
Who proved to me on the basis of satisfactory evidence to be the person($) whose named) is/ate
subscribed to the within instrument and acknowledged to me that he/a A4e =xecuted the same iri
his/"'authorized capaclty(fes}, and that by hisMerltheir signature(p) on the instrument the person(d),
or the entity upon behalf of which the person(i) acted, executed the instrument.
certify under PENALTY OF PERJURY under the: laws
of the State of California that the foregoing paragraph
is true and correct.
D. GUZNIAN > WITNESS my hand and ❑ icial seal.
• ¢ r _ Commission -* 2120560
1:1 Notiiry Public California
•,, Santa Clara county Signature
y My Comm. Ex!)irr's Aue i 2i1, 20 Signature Notary Public
Place Notary Sea/ 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):
Partner - L Limited _ General
Individual Attorney. in Fact
Trustee I Guardian or Conservator
17 Other:
Signer Is Representing:
Signer's Name:
i_ Corporate Officer - Title(s):
F_ 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#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 (awful attomey(s)-in-fact to execute, seal and deliver far and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writings obligatoryin 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 bylts 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 5.03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 3151day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attorneys) -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 indernnIty 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 Tina! 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 oblag ;[ions in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney4n-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 20',1, 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 211day of October, 2015.
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.
�*yrHrec c IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 29th day of May, 2019
+��+ Randall Musselman, Secretary