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Item No. 07 Amend No. 2 Ext of Agrmnt with Excel Landscape, Inc.
Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-244 Agenda Date: 6/27/2017 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 7) Page 1 City of Lake Elsinore Printed on 6/22/2017 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared By: Dave Nichols, General Services Manager Catherine Eakins,Public Works Administrative Assistant Date:June 27, 2017 Subject:Amendment No. 2 to Excel Landscape FY 2017/2018 Citywide Landscape Maintenance Contract Services Recommendation Approve and Authorize the City Manager to execute Amendment No. 2 with Excel Landscape for contractor services, in the contract amount of $974,223, which includes $132,000 contingency,in such final form as approved by the City Attorney. Background The City Council established the Citywide Landscaping and Street Lighting Maintenance District ("Citywide LLMD") in 1988, for maintaining those facilities in accordance with the Landscaping and Lighting Act of 1972. The City contracts with Excel Landscape to perform routine maintenance and to perform special projects when requested. The City entered in to a contract with Excel Landscape in June 26, 2016, to perform the recurring routine landscape maintenance throughout the city. Excel took on additional services in FY2016/2017 along with one-time project i.e. planting of 150 replacement trees, landscape repairs etc. Therefore,the original contract for in the amount of $748,791,was amended to increase the funding award an additional $276,000 on February 29, 2017 for such services. Discussion Amendment No. 2 proposes to extend the contract with Excel Landscape an additional 12-month, and amend the compensation award to a not to exceed amount of $974,223 (see attached Exhibit A Yearly Cost Increase). Amendment No. 2 - Excel Landscape June 27, 2017 Page 2 Fiscal Impact Funds are available for Landscape Contractor services within the Citywide LLMD, LLMD No. 1 and Parks, Facilities and Fire Suppression Operating Budget. Exhibits A - Excel Landscape – Yearly Cost Increase B - Excel Landscape – Amendment No. 2 C - Excel Landscape – Amendment No. 1 D - Excel Landscape – Original Agreement Yearly Cost Increase Parks Streets Maint. Total Contingency Contract Total 16' $568,884.00)$179,907.00 $748,791.00)$276,000.00 $1,024,791.00) 17' $642,312.00 $199,911.00 $842,223.00 $132,000.00 $974,223.00 18' $681,991.00 $210,698.60 $892,689.60 19' $724,381.44 $224,332.03 $948,713.48 Extras unit cost 16'17'18'19' Labor $35.00 $35.00 $36.00 $38.00 Irrigation Labor $55.00 $55.00 $56.00 $58.00 1 gal plant $8.00 $10.00 $11.00 $11.50 5 gal plant $18.00 $20.00 $20.00 $22.00 5 gal Rose $22.00 $24.00 $24.00 $25.00 15 gal tree $85.00 $85.00 $90.00 $90.00 24" box tree $250.00 $265.00 $270.00 $275.00 Flat ground cover $18.00 $20.00 $22.00 $22.00 Annuals flat $22.00 $25.00 $25.00 $26.00 NEW AREAS ADDED IN 17' Summerly sports park not shown in 17' price increase EXHIBIT 'A' Page 1 AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACTOR SERVICES Excel Landscape, Inc. Landscape Maintenance Services This Amendment No. 2 to Agreement for Contractor Services (“Amendment No. 2”) is made, and entered into as of June 27, 2017 by and between the City of Lake Elsinore, a municipal corporation (“City), and Excel Landscape, Inc., a California corporation (“Contractor”). A.The City and Contractor have entered into that certain Agreement for Contractor Services dated as of August 1, 2016, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B.The Original Agreement provided for compensation to Contractor in an amount not to exceed Seven Hundred Forty-eight Thousand Seven Hundred Ninety-one dollars ($748,791) for Fiscal Year 2016/2017. C.Amendment No. 1 provided for an additional Two Hundred Seventy-Nine Thousand dollars ($279,000) for extra services, bringing the total contract amount to One Million Twenty-four Thousand Seventy Hundred Ninety-one dollars ($1,024,791) or those services in FY2016/2017. D.The parties now desire to extend the term for such services as set forth in this Amendment No. 2. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: 1.Section 2, subpart C, Term, is hereby amended to add the following: Unless earlier terminated as provided elsewhere in the Original Agreement, this Amendment No. 2 shall continue in full force and effect for a period of twelve (12) months, commencing on July 1, 2017 and ending on June 30, 2018. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed one (1) additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. 2.Section 3, Compensation, is hereby amended to add the following: In no event shall Contractor’s compensation exceed Nine Hundred Seventy-four Thousand Two Hundred Twenty-Three Dollars ($974,223) for Fiscal Year 2017-2018 without additional written authorization from the City. 3.Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. AMENDMENT NO. 2 - EXCEL LANDSCAPE June 27, 2017 City of Lake Elsinore Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the respective dates set forth below. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney “CONTRACTOR” EXCEL LANDSCAPE, INC., a California corporation Jose Alfaro, Owner Date: Attachments: Amendment No. 1 Original Agreement AMENDMENT NO. 1 [ATTACHED] ORIGINAL AGREEMENT [ATTACHED] AMENDMENT NO. I TO AGREEi,IENT FOR CONTRACTOR SERVICES EXCEL LANDSCAPE, INC. LANDSCAPE MAINTENANCE SERVICES Amendment No. 1 to Agreement for Contractor Services ("Amendment No. i",) is made and entered into as of February 2a,2017 by and between the city of Lake Elsinore, a municipal corporation ("City), and Excel Landscape, lnc., a ("Contractoi'). A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of August 1, 20'16, (the "original Agreement"). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The OriginalAgreement provided for compensation to Contractor in an amount not to exceed $748,79'1. C. The parties now desire to increase the compensation for such services as set forth in this Amendment No 1 in an amount not to exceed of $276,000. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: 1. following: Section 3, Compensation, of the Original Agreement is hereby amended as Compensation to be paid to the Contractor shall be in accordance with the fees set forth in the Contractor's proposal (Exhibit A to the Original Agreement). ln no event shall Contractor's compensations exceed One Million, Twenty-Four Thousand Seven Hundred Ninety-One Dollars 1,024,791) per Fiscal Year without additional written authorization from the City. Notwithstanding any provision of Contractor's proposal to the contrary, out of pocket expenses set forth in Exhibit A of the Original Agreement shall be reimbursed at cost without an inflator or administrative charge. payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 2. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. AMENDMENT NO, ,I . EXCEL LANOSCAPE Febuary 28.2017 City of Lake Elsinore Signatures on next page] lN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. CITY' 'CONTMCTOR' Clry OF LAKE ELSINORE, a municipal EXCEL LANDSCAPE, a Contractor corporation APPROVED AS TO FORM: City Attorney Attachments: Original Agreement AMENDMENT NO, 1 - EXCEL LANDSCAPE February 28,2017 City of Lake Elsinore i.,. c//s//v ATTEST: lN WTNESS WHEREOF, the parties have caused this Amcndmcnt No. I to be executted on the reapectine dabs set forth below. CITY 'CONTRACTOR' CITY OF llXE ELSINORE, a municipal EXCET I-ANDSCAPE, a Contrador corporation Grart Yate6, City Manager Date: ATTEST: Attechments: OrQinal Agreement AflENIX'ENT NO. I . EXCEL IINDSCAPE F.oruery 28, 2017 CiV of Lake Ebinoo City Clerk EXHIBIT B Fertilizer & Seed lrrigation Repairs Parks and LLMD Canyon Hills Park - Planting of 149 Trees Turf Removal & Renovation of Planters lrrigation & Plants Senior Center Canyon Hills lrrigation Backwash Pit Serenity Park Expansion Monthly Service Rosetta Canyon Community Park Monthly Service - November 2017 to June 2017 Planting of trees at La Laguna Boat Parking Lot Corydon & Palomar Collision Repairs Controller Replacement Yarborough lnigation Reconfiguration County Courthouse Monthly Service - January 2016 to June 2017 Rosetta Park Construction Repairs & Renovations Canyon Hills Pressure Regulator Rosetta Canyon Community Park mulch Winterfest & 4th July D6 trail repairs - Lincoln, Via de le Velle Canyon Hills Football Field Renovations 32,ooo 52,500 1s,000 85,000 17,000 1,300 2,500 s,000 3,700 2,500 s,000 3,ooo 2,000 22,000 3,000 6,000 2,s00 5,000 11,000 Total :$?26000 AGREEMENT FOR CONTRACTOR SERVICES EXCEL LANDSCAPE, INC. LANDSCAPE MAINTENANCE SERVICES This Agreement for Contractor Services (the "Agreement) is made and entered into as of August 1, 2016, by and between the City of Lake Elsinore, a municipal corporation ("City") and Excel Landscape, a ("Contractor"). RECITALS A. The City has determined that it requires the following services; Landscape services at parks, beaches, and facilities throughout the City. B. Contractor has submitted to City a proposal, dated May 3, 2016 attached hereto as Exhibit A ("Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services and related work as provided herein and Contractor desires to provide such services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work. b. Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. Excel Landscape Contractor Services Agmt 2016,docx Page 1 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of one (1) years, commencing on August 1, 2016 and ending on July 31, 2017. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed three (3) additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. 3. Cornueassatioi . Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's compensation exceed Seven Hundred Forty-eight Thousand Seven Hundred Ninety One dollars ($748,791) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides Services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. Reserved. 6. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 7. Ownership of Documents. All pians, studies, documents and other writings prepared by and for Contractor, Its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other. party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges Page 2 that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Contractor, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual PLopefjy. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Conlractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C, Any records or documents required to be maintained pursuant to this Agreement shall be made available. for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated Page 3 representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractors successor -in -interest. 9. Independent Contractor. It is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 11. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than non -nal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)_(2).) Page 4 12. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter Into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise. 13. Com fiance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 15. Indemnity.. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from iiability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Re uirements. a. insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (35) days prior Page 5 to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11188) or Insurance Services office form number GL 0042 (ed. 1173) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad f=orm Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Covera e. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A -MI and shall be endorsed with the following specific language: I. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.. Page 6 V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein, Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any Such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Excel Landscape, Inc. Attn: Jose Alfaro Sr. 710 Rimpau Avenue, #108 Corona, CA 82879-5724 18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded In total by this Agreement. 19. Ame'ndments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or Page 7 obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 21. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 22. Severability.. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 23. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 24. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover Its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 25. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 26. Authority to Enter A reement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter Into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement; (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 27. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service Page 8 with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28.Equal— 0 ortunit in toment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 29. PfevailinA Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. (Signatures on next page] Page 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY' CITY OF LAKE ELSINORE, a munlclpel corporation Grant vALs, City Manager ATTEST: aCi APPROVED AS TO FORM. Iwpy "CONTRACTOR" EXCEL LANDSCAPE, a Contractor Attachments: Exhibit A - Contractor's Proposal Exhibit B — List of Subcontractors Page 10 EXHIBIT A CONTRACTOR'S PROPOSAL. [ATTACHED] EXHIBIT A EXCEL LANDSCAPE PROPOSAL ----- EXHIBIT A I F r•lfu Cfromfo SRS i ow6on Am Month n Grape St 1 $164.76 $1.977.00 Canyon Estates 4 $659.00 $7,908.00 merhill 5 $823.75 $9.885.00 ark 3 $494.25 $5.931.00 ad Can on media 4 V $659,00 $7.908.00 ad Can on fire 2 $329.60 $3 954.00treet 2 $329.50 $3,954.00 Mission trail 1 1164.75 $1.977.00 Dowtown main street 2 $329.50 $3954.00 Main street turf 1 $164.75 $1,977.00 Peck St parkiag lot 1 $164.75 $1,977-00 Sulphurparking lot 1 1 $164.75 $1,977.00 Council Buildina 1 $164.75 $1,977.00 Comm. Building 1 $164.75 $1.977.00 Youth Bu€ldin 1$164.75 $1.977.00 Lakeshore / Lakeshore 1 $164.75 $1,977.00 Machado/ rand 1 $1.977.00 Machadoffilly 1 _$164.75 $164.75 $1.977.00 MachadoAake shore 2 $329.50 $3,954.00 Presidents Track 5 $823.75 $9,885.00 Lincoln 14 $2.306-50 $27.678.00 Grand 13 $2.141.75 $25.701.00 Lake St 1 $164.75 $1.977.00 Orange Grove Way- 1 $164.75 $1,977.00 Phnco 3 $494.25 $5,931.0 Grand/ Ontario 2 $329.50 $3.954.00 Carr€don 2 $329.50 $3.954.00 Poe St. Park€n lot 1 $164.75 $1,977.00 Terra cotta 1 $164.75 $1 977.00 Splash 1 $164.75 $1.977.00 HWY 74 1 $164.75 $1,977.00 Mcvicker Fire 3 $4$4.25 $5,931,00 Malaga medians 2 $329.50 $3.954.00 Via de la Ville 2 $329.50 $3.954.00 collier medians 2 $329.50H$354.00 rahm weed abatement 2 $329.5054,00 Tatal cost $14 992.25 179 9{17.Aa EXCEL LANDSCAPE PROPOSAL - -- -- EXHIBIT A I F rfh, parka IR' - Location Acre Month Annual Alberhill 22 $6,006,00 $72.072.00 Canyon hills 20 $5,460.00 $65.520.00 Citv vark 4 $1.092,00 $13,104.00 Creekside 7 $1,911,00 $22 932.00 lake pint 13 $3.549.00 $42,588.00 lincoln street 2 $546.00 $6552.00 machado 5 $1.365.00 $16,380.00 mcvicker 24 $6.552.00 $78,624.00 oak tree 2 $546.00 $6 552.00 rosetta canyon 8 $2.484,00 $26.208.00 sereni 3 $819.00 $9 828.00 summer hill 3 $819.00 $9,828.00 summer lake (Teme cW(d MWel 16 $4,368.00 $52.416.00 Swick 7 $1.911.00 $22,932.00 Tuscany hills 7 $1,911,00 $22,932.00 Yarborou h 3 $819.00 $9,828.00 888 park Lincoln um 1 $200.00 $2.400.00 Equestrian Trails 2 $546.00 $6.552.00 Downtown Riverwalk 9 $2.457,00 $29.484.00 City yard 1 $273,00 _$3,276.00 Senlor center 1 $273.00 $3,276.00 ;43,607.00 k23,264.00 seaport boat launch 8 $1500.00 _$9,600-00 Elm grove beach 15 $1,900.00 $22.800.00 whiskers fishing beach 2 $300.00 $3,600.00 Davis st fishing 1 $200.00 $2.400.00 Small cove levee trash 1 $300.00 $3,600.00 La La una boat Launch2�4_ $300.00 $3.600.00 800.00 $45,600.00 Total coat S4740T.00568.8 iA01 EXHIBIT B LIST OF SUBCONTRACTORS [ATTACHED] N/A EXHIBIT B A��a DATE (MMIDDIYYYY) �_. CERTIFICATE OF LIABILITY INSURANCE 8/2/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 1M PORTANT: If [lie certificate holder Is an ADDITIONAL INSURED, thO p011cyliQs) must be endorsed. If SU (ROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such andorsement(s). PRODUCER Landscape Contractors (Lio#0755906) Insurance Services, Inc. 1835 N. Fine Avenue Fresno CA 93727 INSURED Excel Landscape, Inc. 1191 Magnolia Ave., Ste D #400 ca NA�r_ Benita Hall, CISR PHONE (559)650-3555 x.(559)650-3558 AnbhallQJoisinc.oom INSUR£R(9) AFFORDPNG COVERAGE NAIL � —&4— c---;-1 frr Tnctirwnc�a 27154 INSURER C PRE, — — Corona CA 92879 INSURERIF COVERAGES CERTIFICATE NUMBER:16/17 Pkg & Auto REVISION NUMBER: THIS IS TO CERTIFY THAT TIME POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, TYPE OF INSURANCE O SLRi POLICY NUMBER PO� ICI EFF POLI YY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 100 A CLAIMS40ADE FX OCCUR PEtEm�S a oowirafme ; , 000 X Y 615-00-07-75-0001 0/1/2016 0/1/2017 IVIED FDP1 CnePpn3en} = 5,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Addidonnl Remake Schedule, mey be attached If mora apace le required) RE: Job # 7721 - All California landscape operations performed by or on behalf of the named insured - Primary Insurance/Non Contributory Blanket Additional insured per attached OBPGGLO4340414 & CG2404 & VCA2010109 The City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore (RDA), its officers, employees and agents (Excluding Professional Liability) are named as additional insured CERTIFICATE TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lake Elsinore- THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED. IN 130 S. Main Street ACCORDANCE WITH THE POLICY PROVISIONS, Lake Elsinore, CA 92330 RIfT}IORiZEO REPRESENTATIVE 0 Hall, CISR/ACOMBE 0 1980-2014 ACORD CORPORATION, All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) X $1000 Pd 1363d GEWL AGGREGATE LSlIT APPLIES PER' X POLICY ❑ PEC LOC Pr-RSONA.dADV INJURY $ 1,000,000 GENERAL AGGREGATC 5 2,000,000 PRODUCTS-COMPIOPAGG i 2,000,000 Employee Benefits $ 1,000,000 OT MER: AUTOMOBILE LIABILITY— - - Ce $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO XA ALL OVvMED SCHEDULED _ AUTOS AUTOS X Y NON -OWNED X HIRED AUTOS X AUTOS 618-00-0773-D001 8/1/2016 8/1/2017 BODiIYMJURY(Per exident) $ $ Llntnsurodmalonsleomhmed $ 1,000,000 XUMBRELLA LIAB X I OCCUR f EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,0 '000 A EXCESS LIAR 618-00-07-73-0001 8/1/2016 8/1/2017 $ OiD RETCTVT N WORKERBcowEwATION 116 uTL• R E L G4CH ACCIDENT$ AND EMPLOYERS' LIABILITY Y I N ANY PROPRIErCRIPARINERlE%ECLITiVE E.L DISEJ45 EAI+MPLO $ OFFICEitRrFMIDER EXCLUDED? (MamMary In NH) NIA If yac, 94!w- De urxkr__ . _._.._ . C L: DiSFA°E •POLICY LIMIT = DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Addidonnl Remake Schedule, mey be attached If mora apace le required) RE: Job # 7721 - All California landscape operations performed by or on behalf of the named insured - Primary Insurance/Non Contributory Blanket Additional insured per attached OBPGGLO4340414 & CG2404 & VCA2010109 The City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore (RDA), its officers, employees and agents (Excluding Professional Liability) are named as additional insured CERTIFICATE TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lake Elsinore- THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED. IN 130 S. Main Street ACCORDANCE WITH THE POLICY PROVISIONS, Lake Elsinore, CA 92330 RIfT}IORiZEO REPRESENTATIVE 0 Hall, CISR/ACOMBE 0 1980-2014 ACORD CORPORATION, All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) POLICY NUMBER: 618-00-07-73-0001 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: The City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake Elsinore (RDA), its offic- ers, employees and agents (Excluding Professional Liability) With respects to work performed @ Job # 7721 - All California landscape operations performed by or on behalf of the named insured. Information wired to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV --Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'your world' done under a contract with that person or organization and Included in the "products- completed operations hazard". This waiver applies only to the person or organization shown In the Schedule above. CO 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE= READ IT CAREFULLY. Ic�x VANTAGE FOR AUTOMOBILE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provi- sions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured By Contract 12. Employee Hired Autos 2. Airbag Discharge 13. Fellow Employee Exclusion 3. Auto Theft Reward 14. Glass Repair -- Waiver of Deductible 4. Blanket Waiver of Subrogation 15. Hired Auto Physical Damage Coverage 5. Bodily Injury Redefined — Mental Anguish 16. Lease Gap Coverage 6. Broad Form Named Insured 17. Liability Coverage — Supplementary Payments 7. Communications Equipment 18. Newly Formed or Acquired Organizations 8. Diminution in Value 18. Physical Damage -- Transportation Expenses 9. Drive Other Car— Executive Officers 20. Rental Reimbursement — Private Passenger 10. Duties In The Event of Accident, Claim, Suit or Lass Vehicles 11. Employees As Insureds 21. Tewin — Any Covered Auto 1. ADDITIONAL INSURED BY CONTRACT The Who Is An Insured provision under SECTION 11— LIABILITY COVERAGE is amended to include as an additional "Insured" any person or organization with whom you agreed in a written contract, written agreement or permit, to provide insurance such as is afforded under this Coverage Form. Such person or organization is an "Insured" only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part by your maintenance, operation or use of your covered "autos". With respect to the insurance afforded to these additional "insureds", this insurance does not apply: a. Unless the written contract or agreement has been executed or the permit has been issued prior to the "bodily injury" or "property damage' b. To any person or organization Included as an "insured" by endorsement or in the Declarations; or c. To any lessor of "autos" when their contractor agreement with you for such leased "auto" ends, 2. AIRBAG DISCHARGE If you purchased physical damage coverage for a covered "auto" under this policy, we will pay to reset or re- place an airbag that accidentally discharges without the vehicle being involved in an accident. No deductible applies to this additional coverage. However, this coverage only applies if the airbag is not covered under a manufacturer's warranty and you did not intentionally cause the airbag to discharge. 3. AUTO THEFT REWARD We will pay up to a $2,000 reward in the event of a covered loss, for information leading to the arrest and conviction of anyone stealing a covered "auto". A reward will not be paid to you, a family member, employee or any public official while performing their duty. 4. BLANKET WAIVER OF SUBROGATION The Transfer Of Rights of Recovery Against Others To Us condition under SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A. LOSS CONDITIONS is replaced by the following: We will waive any right of recovery we may have against ary person or organization because of payments we make for Injury or damage arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provided the contract is In writing and executed prior to the "bodily injury" or "property damage". 6. BODILY INJURY REDEFINED — MENTAL ANGUISH The definition of "bodily injury" under SECTION V— DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time. VGA 20101 09 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 5 Copyright 2004, oneBeacon Insurance Group LLC E -INSURED G. BROAD FORM NAMED INSURED a. The Who Is An Insured provision under SECTION II — LIABILITY COVERAGE is amended to include the following: Any organization which is a legally incorporated entity in which yol i own a financial interest of rnore than 50% of the voting stock on the effective date of this Coverage f o r3- w:ll be a Named Insured until the 180" day or the end of the policy period whichever comes first, provided there is no other similar insurance avail- able to that organization. b. Paragraph a. of this provision S. does not apply to "bodily injury" or "property damage" for which an "in- sured" is also an "Insured" under any other automobile policy or would be an "insured" under such a poli- cy, but for its termination or the exhaustion of Its Limit of Insurance, 7. COMMUNICATIONS EQUIPMENT a. The exclusion for electronic equipment under Exclusions of SECTION III — PHYSICAL DAMAGE COVERAGE does not apply to loss of any permanently installed, non -removable communications equip- ment designed for use as a: 1. Citizen's band radio; 2. Two-way mobile radio or telephone; 3. Scanning monitor receiver; or 4. GPS Navigation System, including its antenna and other accessories. b. No Deductible applies to this additional coverage, c. The most we will pay for this coverage is $5,000 per occurrence. 8. DIMINUTION IN VALUE The "diminution in value" exclusion under SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions does not apply if the covered "auto" is a private passenger "auto" and is leased, rented, hired or borrowed without a driver for a period of 30 days or less and is used in the conduct of the insured's business. The most we will pay for "loss" arising out of an "accident" is the lesser of $7,500 or 20% of the actual cash value of the "auto" as determined by Kelley Blue Book or other independent valuation sources. 9. DRIVE OTHER CAR — EXECUTIVE OFFICERS a. The Who is An Insured provision under SECTION II — LIABILITY COVERAGE is amended to include: If you are designated in the Declarations as: 1. An individual; you and your spouse. 2. A partnership; your partners and their spouses. 3. An organization other than an individual or a partnership; your "executive officers" and their spouses. b. SECTION II — LIABILITY COVERAGE and SECTION III — PHYSICAL DAMAGE COVERAGE are ex- tended to include "autos" you don't own, hire, lease or borrow while in the care, custody or control of an "insured" listed in 9.a. This does not include any "auto": 1. Owned by any "insured" listed in 9.a., or any member of their household, including any such "auto" that is owned but not insured; 2. Used by an "insured" listed in 9.a. while working in the business of selling, servicing, repairing or parking autos; or 3. Insured under another policy of insurance. If Medical Payments, Uninsured/Underinsured Motorist, Personal Injury Protection or other compulsory coverages required by the governing jurisdiction are covered on this policy, then insureds listed In 9.a. above and family members residing in the same households are "insureds" while: 1. Occupying as a passenger; or 2. A pedestrian when struck by, any "auto" you do not own, hire, lease or borrow, except any "auto" owned by that "insured" listed in 9.a, their family members or an "auto" insured under any other policy. c. The limits and deductibles applicable to this provision will be the largest applicable to any owned "auto" for the specific insurance. Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc. VCA 201 01 09 Copyright 2004, Onelaeacon Insurance Group LLC d. The following definition is added to the DEFINITIONS section of the policy: "Executive officer" means a person holding any of the officer positions created by your charter, consti- tution, by-laws or any similar governing document. e. The Other Insurance Condition, under Section IV — BUSINESS AUTO CONDITIONS, does not apply to the provisions of this Drive Other Car endorsement. There is no "other Insurance" applicable to this en- dorsement 10. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Under SECTION IV — BUSINESS AUTO CONDITIONS — the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is amended as follows: The requirements that you must: a. Notify us of an "accident", claim, "suit" or "loss'; and b. Send us documents concerning a claim or "suit", apply only when such "accident", claim, "suit" or "loss" is known to: a. You, if you are an individual; b. A partner, if you are a partnership; c. An executive officer of the corporation or insurance manager, if you are a corporation; or d. A manager, if you are a limited liability company. 11. EMPLOYEES AS INSUREDS The Who Is An Insured provision under SECTION II — LIABILITY COVERAGE is changed by adding the fol- lowing: Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs, This coverage is excess over any other collectible insurance. 12. EMPLOYEE HIRED AUTOS The following is added to the Who Is An Insured Provision: An "employee° of yours is an "insured" while operating an "auto" hired or rented under a contact or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. For purposes of this coverage grant, paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form is replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employ- ee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". This coverage is excess over any other collectible insurance. 13. FELLOW EMPLOYEE EXCLUSION The Fellow Employee exclusion under SECTION If — LIABILITY COVERAGE does not apply if the "bodily in- jury" results from the use of a covered "auto" you own or hire. This coverage is excess over any other insur- ance. 14. GLASS REPAIR —WAIVER OF DEDUCTIBLE Under paragraph D. — Deductible — of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage If the glass is repaired rather than replaced. 15. HIRED AUTO — PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" under SECTION II -- LIABILITY COVERAGE and if Comprehensive, Speci- fied Causes of Loss, or Collision coverages are provided under this policy for any "auto" you own, then SECTION III — PHYSICAL DAMAGE COVERAGE is extended to "autos" you hire, subject to the following limit: The most we will pay for "loss" to any hired "auto" is the lesser of: a. $75,000 for "autos" of the private passenger type and $50,000 for all other "autos' VCA 20101 09 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 5 Copyright 2004, OneBeacon Insurance Group LLC b. The actual cash value; or c. The cost of repairing or replacing it with other property of like kind or quality. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if the following conditions are met: a. It results from an accident; b. You are legally liable; and c. The lessor incurs an actual financial loss. The most we will pay for this loss of use coverage is $1,000 per "accident 16. LEASE GAP COVERAGE Under paragraph C. Limit of insurance — of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: If a covered "auto" is leased, we will also pay the difference between the actual cash value of a covered "au- to" at the time of "loss" and the remaining balance on your lease if the following conditions are met: a. The "auto" has along term lease and is covered on this policy, b. The lessor is added as an Additional Insured in a written lease agreement. c. You are legally obligated for the remaining balance. We will not pay for any amounts representing excess wear and tear charges; additional mileage charges; taxes; overdue payments; penalties, interest or charges resulting from overdue payments; or lease termination fees, 17. LIABILITY COVERAGE EXTENSIONS —SUPPLEMENTARY PAYMENTS Under SECTION II — LIABILITY COVERAGE, the Coverage Extension for Supplementary Payments is re- vised as follows: a. The limit for the cost of bail bonds is amended to $3,500. b. The limit for reasonable expenses incurred by the "insured" is amended to $500 a day. 18. NEWLY FORMED OR ACQUIRED ORGANIZATIONS a. The Who Is An Insured provision under SECTION It —LIABILITY COVERAGE is amended to include as an "Insured" any organization that is formed or acquired by you and over which you maintain majority ownership. b. Paragraph a. of this provision 18. does not apply to any organization: 1. That is a joint venture or partnership; 2. That is an "insured" under any other policy; 3. That has exhausted its Limit of Insurance under any other policy; or 4. 180 days or more after its acquisition or formation by you, unless you have given us notice of the ac- quisition or formation. c. Paragraph a. of this provision 18. does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. 19. PHYSICAL DAMAGE —TRANSPORTATION EXPENSES COVERAGE Under SECTION III — PHYSICAL DAMAGE Coverage Extensions, the limit for Transportation Expenses is amended to $75 per day and the maximum is amended to $2,250. 20. RENTAL REIMBURSEMENT We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" of the private passenger type because of "loss" to a "covered auto" of the private passenger type. Payment applies in addition to the other- wise applicable amount of each coverage you have on a "covered auto". No deductibles apply to this coverage. We will pay those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, six (6) days after the "loss". Page 4 of 5 Includes copyrighted material o1 Insurance Services Office, Inc. VCA 201 01 09 Copyrlght 2004, OneBeaeon Insurance Group LLC Payment Is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred. 2. The maximum daily payment of $25 for any one day. This coverage does not apply while there are spare or reserve "autos" available to you. If "loss" results from the total theft of the private passenger "auto", we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the PHYSICAL DAMAGE COVERAGE Extension. 21. TOVANG —COVERED AUTOS Under SECTION III — PHYSICAL DAMAGE COVERAGE, Coverage for Towing Is amended as follows: a. This coverage applies to any covered "auto" for which a premium charge for towing and labor is shown In the Schedule or In the declarations. b. The limit Is $100. VCA 201101109 Includes copyrighted mWerlal of Insurance Services Otte, Inc. Page 5 of 5 Copyright 2004, CneBeacon Insurance Oreup LLC EXCELAN-01 RHONDAC A� -- DATEDIYYYY) CERTIFICATE O- -_F LIABILITY INSU -- -_RANCE 4/1/21112 016 -_ F THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must ho endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the ..e 0fl—fn hnirlor In lion of nnrh endorSemanti&I. PRODUCER License # 0252636 Gallant Risk & Insurance Services, Inc. 4180 Temoscal Canyon Rd., #402 Corona, CA 92883 INSURED Excel Landscape, Inc. 710 Rlmpau Ave., #108 Corona, CA 92881 Pllora SIIg51 368-0700 ! .LWA . Not; (951) 368-0707 MAIL - : �- ADDRESS: - _ — IN5i11tSi AFFORdN!3 t7(]V6RAOR - NAtC Y - INSURER A.Security-Natlanallrl'SYrancFaC_0MP ny 15879 INSURER B : INSURER C: - INSURER D: -- - INSURER E: - - - - -- INSURER F., OVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY [[PAID CLAIMS. R TYPE OF INSURANCE iA BUBR - POLICY NtIMt3CR ppOl ICY Erp I LIMITS Ml+YDDFYYtft. �}uNAIDD__ . R- •- - COMMERCIALGENERALLIABILITY EACHOCGURRENCE - DAMAGE TO RENTED S CLAIMS -MADE I OCCUR PREYIJISWS (Ea ocnssurWORD MED EXP (Any pnn POW11 S - - - KRSONAL&AOVINJURV _ S GEN'L AGGREGATE LIMIT APPLIES PER: DAL AGGREGATE - t: _ -- POLICY ❑ P 00i F1 LOC JEOT PRODUCTS - COMP/OP AGG i i OTHER: -� S _ AUTOMOBILE LIABILITY ;E88Cr1A/[Il1 T BODILY INJURY (Per person) i ANY AUTO - - OWNED SCHEDULED BODILY INJURY (Per accident) i ALL AUTOS` NON -OWNED h('E i - HIRED AUTOS _ AUTOS ` [-�••-• - i - i MBRELLA OCCUR EACH OCCURRENCE f _ l LU1BCLAIMS-MOE L�U AGGREGATE I iiNTFQN f - -- _ WORKERS COMPENSATION X L ATU A AND EMPLOYERS' LIABILITY Y PH ANY PROPRIETOWPARTNERM EC(MVE 8W.01108646 04!0112016 0410112017 E.L EACH ACCIDENT $ 1A�r0d $ 1,00000 Mna EERIMEInM�' EXCLUDED7 L_ J N F A E,L DISEASE - EAEtrIPLQYL"E ��yy OPERATIONS below I E.L DISEASE • POLICY LIMIT S 1,040,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Jab #7721 RE: All California Landscape Operations of the Named Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE, EXPIRATION DATE THEREOF, NOTICE WILL BE . DELIVERED IN City of Lake Elsinore Y ACCORDANCE WITH THE POLICY PROVISIONS. Attn: City Manager 130 S, Main Street — - 82330 idim ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD