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HomeMy WebLinkAboutItem No. 13 Amend. No. 7 Excel Landscape, Inc.City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake - elsinore.org City Council Agenda Report File Number: TMP 19 -978 Agenda Date: 10/13/2020 Version: 1 Status: Approval Final In Control: City Council / Successor Aqency File Type: Council Consent Calendar Agenda Number: 13) Amendment No. 7 to the Aareement with Excel Landscape. Inc. for a month -to -month Contract in Fiscal Year 2020 -21 Authorize the City Manager to execute Amendment No. 7 to extend the Term of the Original Agreement, as amended, on a month -to -month basis for two (2) additional months with Excel Landscape, Inc., in an amount not to exceed $49,940.00 per month with a 10% contingency per month, for unforeseen additional work, in Fiscal Year 2020 -21, beginning September 30, 2020, in substantially the form attached, and in such final form as approved by the City Attorney. City of Lake Elsinore Page 1 Printed on 101812020 CITY OF LADE LSIR0PE DREAM EXTREME. REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared by: Rick De Santiago, P.W. Manager Date: October 13, 2020 Subject: Amendment No. 7 to the Agreement with Excel Landscape, Inc. for a Month -to -Month Contract in Fiscal Year 2020 -21 Recommendation Authorize the City Manager to execute Amendment No. 7 to extend the Term of the Original Agreement, as amended, on a month -to -month basis for two (2) additional months with Excel Landscape, Inc., in an amount not to exceed $49,940.00 per month with a 10% contingency per month, for unforeseen additional work, in Fiscal Year 2020 -21, beginning September 30, 2020, in substantially the form attached, and 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 the purpose of maintaining those facilities in accordance with the Landscaping and Lighting Act of 1972. The City of Lake Elsinore is responsible for maintaining the landscaping that is encompassed in the street right -of -way referred to in this report as "streetscape ". Because of the volume of maintenance work this job entails, the City contracts with vendors to supplement staff's effort to keep up with the workload. On June 26, 2016, the City awarded a contract to Excel Landscape to provide landscape maintenance for all City parks. Recently, the City advertised a notice inviting bid for the Citywide Park Landscape Maintenance services and received several viable bids and is in the process of selecting a new contractor. Discussion City staff has begun the selection process of a new contractor based on the bids results of the recent notice inviting bids for Citywide landscape maintenance. In order to fully examine the proposals and award a contract an extension of current services is requested. This extension will provide the needed time to transition from the old contractor to the new contractor without compromising landscape services. Fiscal Imtaact Sufficient funds are available in the FY20 -21 Operating Budget. Award of Contract Amendment for Citywide Landscape Maintenance Services October 13, 2020 Page 2 Exhibits A- Amendment No. 7 Agreement B— Amendment No. 6 Agreement C— Amendment No. 5 Agreement D— Amendment No. 4 Agreement E— Amendment No. 3 Agreement F- Amendment No. 2 Agreement G— Amendment No. 1 Agreement H- Original Agreement AMENDMENT NO. 7 TO AGREEMENT FOR CONTRACTOR SERVICES Excel Landscape, Inc. Landscape Maintenance Services This Amendment No. 7 to Agreement for Contractor Services ( "Amendment No. 7 ") is made and entered into as of October 13, 2020 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 "). The Original Agreement and the amendments thereto are hereinafter referred to as the "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) for those services in FY2016/2017. D. Amendment No. 2 extended the Original Agreement an additional 12 months and adjusted the compensation award to Nine Hundred Seventy -Four Thousand Two Hundred Twenty -Three Dollars ($974,223) for Fiscal Year 2017 -2018. E. Amendment No. 3 dated 1/23/2018 amended the Scope of Service and increased the compensation for such services as set forth in Amendment No. 3, in an amount up to One Hundred Seventy -Three Thousand Six Hundred Thirty -Six Dollars ($173,636) for a not to exceed amount of One Million Two Hundred Ten Thousand Three Hundred Thirteen Dollars ($1,210,313). F. Amendment No. 4 extended the agreement for an addition 12 -month term, with compensation at a not to exceed amount of $1,209,448 for FY18 -19. G. Amendment No. 5 extended the agreement for an additional 12 -month term, and increased compensation for a not to exceed amount of $1,235,303 for FY19 -20. H. Amendment No. 6 extends the contract on a month -to -month term for a total of three (3) additional months, for a not to exceed contract amount of $89,515 per month. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: Section 2, C, Term, of the Agreement is hereby amended to add the following: Unless earlier terminated as provided elsewhere in the Agreement, and notwithstanding any expiration dates as set forth in the Original City of Lake Elsinore Amendment No. 7 Excel Service Agreement October 13, 2020 Agreement and prior amendments thereto, the term of the Agreement shall continue in full force and effect for a period of two (2) months, commencing on October 1, 2020 and ending on November 30, 2020. 2. Section 3, Compensation, of the Agreement is hereby amended to add the following: In no event shall Contractor's compensation exceed Forty Nine Thousand Nine Hundred and Forty Dollars ($49,940) per month for the two (2) month period commencing October 1, 2020 and ending on November 30, 2020. The Contractor's Proposal is hereby modified for the reduced services as shown on "Estimate #9566" attached to Amendment No. 7 and incorporate herein. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 7 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 City of Lake Elsinore Amendment No. 7 Excel Service Agreement October 13, 2020 2 "CONTRACTOR" EXCEL LANDSCAPE, INC., a California corporation Jose Alfaro, Owner Date: P!CELLANDSCAPE, City of Lake Elsinore Downtown Main St. 130 South Main St. Lake Elsinore, California 92530 Maintenance Monthly Maintenance Cost (reduced service) Estimate #9566 From Excel Landscape South (800) 734 -9650 1185 Magnolia Ave. E400 Corona CA, 92879 Bill to Downtown Main St. 130 South Main St. Lake Elsinore, California 92530 Sent On 09/30/2020 Job Title October park maintenance (Reduced Service) Job Number 7721 To include 1) weekly turf mowing and edging 2) once a day trash service (7 days a week) 3) once a month planter service (Saturday service) 4) weekly irrigation inspection Irrigation repair will be on an as needed basis. Crew composition 1 - 3 -man mow crew 1- 1 -man trash crew 2 - weekend park service crew 1 - weekend trash crew 1- supervisor This quote is valid for the next 30 days, after which values may be subject to change. Signature: Date: Location all city parks and facilities $49,940.00 $49,940.00 Total $49,940.00 DocuSign Envelope ID: 45647043- OE2E- 43E9- AD9D- ECC0079C8479 AMENDMENT NO. 6 TO AGREEMENT FOR CONTRACTOR SERVICES Excel Landscape, Inc. Landscape Maintenance Services This Amendment No. 6 to Agreement for Contractor Services ( "Amendment No. 6 ") is made and entered into as of July 1, 2020 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) for those services in FY2016/2017. D. Amendment No. 2 extended the Original Agreement an additional 12 months and adjusted the compensation award to Nine Hundred Seventy -Four Thousand Two Hundred Twenty -Three Dollars ($974,223) for Fiscal Year 2017 -2018. E. Amendment No. 3 dated 1/23/2018 amended the Scope of Service and increased the compensation for such services as set forth in Amendment No. 3, in an amount up to One Hundred Seventy -Three Thousand Six Hundred Thirty -Six Dollars ($173,636) for a not to exceed amount of One Million Two Hundred Ten Thousand Three Hundred Thirteen Dollars ($1,210,313). F. Amendment No. 4 extended the agreement for an addition 12 -month term, with compensation at a not to exceed amount of $1,209,448 for FY18 -19. G. Amendment No. 5 extended the agreement for an additional 12 -month term, and increased compensation for a not to exceed amount of $1,235,303 for FY19 -20. H. Amendment No. 6 extends the contract on a month -to -month term for a total of three (3) additional months, for a not to exceed contract amount of $89,515 per month. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: 1. Section 2, C, Term, of the Original Agreement is hereby amended and restated in its entirety as follows: Unless earlier terminated as provided elsewhere in the Original Agreement, this Amendment No. 6 shall continue in full force and effect for a period of three (3) months, commencing on July 1, 2020 and ending on September 30, 2020. City of Lake Elsinore Amendment No. 6 Excel Service Agreement July 1, 2020 DocuSign Envelope ID: 45647043- OE2E- 43E9- AD9D- ECC0079C8479 2. Section 3, Compensation, of the Original agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Contractor shall be in accordance with fees set forth in the Contractor's Proposal Exhibit Al to Amendment No. 5 and Amendment No. 6. In no event shall Contractor's compensation exceed Eighty Nine Thousand Five Hundred and Fifteen Dollars ($89,515) per month for a period of three (3) months in Fiscal Year 2020 -2021 without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses 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. 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. IN WITNESS WHEREOF, the parties have caused this Amendment No. 6 to be executed on the respective dates set forth below. "C ITY" CITY OF LAKE ELSINORE, a municipal corporation gD�ocuS"i�gneed by: ✓J'� c� �k *kv-& raA'ff'M99,Tity Manager Date: /6/2020 1 10:15 AM PDT ATTEST: DocuSigned by: 9R°4 f�4A K400... APPROVED AS TO FORM: pDocuSppigned by /: pp ee �' Y1-0- 6 R� �PiT.4U AAtt 8c .. DocuSigned by: F�tV7W"64&- City of Lake Elsinore Amendment No. 6 Excel Service Agreement July 1, 2020 "CONTRACTOR" EXCEL LANDSCAPE, INC., a California corporation DocuSigned by: v FAIfdP6; 40wner Date: 7/6/2020 1 11:50 AM CDT DocuSign Envelope ID: 45647043- OE2E- 43E9- AD9D- ECCO079C8479 Exhibit A Amendment No. 5 City of Lake Elsinore Amendment No. 6 Excel Service Agreement July 1, 2020 DocuSign Envelope ID: 45647043- OE2E- 43E9- AD9D- ECC0079C8479 AMENDMENT NO. 5 TO AGREEMENT FOR CONTRACTOR SERVICES Excel Landscape, Inc. Landscape Maintenance Services This Amendment No. 5 to Agreement for Contractor Services ( "Amendment No. 5 ") is made and entered into as of July 1, 2019 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) for those services in FY2016/2017. D. Amendment No. 2 extended the Original Agreement an additional 12 months and adjusted the compensation award to Nine Hundred Seventy -Four Thousand Two Hundred Twenty -Three Dollars ($974,223) for Fiscal Year 2017 -2018. E. Amendment No. 3 dated 1/23/2018 amended the Scope of Service and increased the compensation for such services as set forth in Amendment No. 3, in an amount up to One Hundred Seventy -Three Thousand Six Hundred Thirty -Six Dollars ($173,636) for a not to exceed amount of One Million Two Hundred Ten Thousand Three Hundred Thirteen Dollars ($1,210,313). F. Amendment No. 4 extended the agreement an addition 12 -month term, with compensation at a not to exceed amount of $1,209,448 for FY18 -19. G. The parties now desire to extend the contract for an additional 12 -month term utilizing the option offered in the Original Agreement and increase compensation for a not to exceed amount of $1,074,176 for FY 2019 -2020. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: Section 2.c., Term, is hereby amended and restated in its entirety as follows: Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of (1) year, commencing on July 1, 2019 and ending on June 30, 2020. City of Lake Elsinore Amendment No. 5 Excel Service Agreement July 1, 2019 DocuSign Envelope ID: 45647043- OE2E- 43E9- AD9D- ECC0079C8479 follows: 2. Section 3, Compensation, is hereby amended and restated in its entirety as Compensation to be paid to Contractor shall be in accordance with fees set forth in the Contractor's Proposal Exhibit Al to Amendment No. 5. In no event shall Contractor's compensation exceed One Million Seventy Four Thousand One Hundred Seventy Six Dollars ($1,074,176) for Fiscal Year 2019 -2020 without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses 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. 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. IN WITNESS WHEREOF, the parties have caused this Amendment No. 5 to be executed on the respective dates set forth below. "CITY" CITY OF LAKE ELSINORE, a municipal corporation gD�ocu Signeed by: ✓ ".& 0 ran a es, ity Manager Dater /26 /2019 1 9:01 AM PDT ATTEST: DocuSigned by: l 'clerk APPROVED AS TO FORM: DocuSigned by: avWrx (,0�0 �5AW6 ?K &yc... City of Lake Elsinore Amendment No. 5 Excel Service Agreement July 1, 2019 "CONTRACTOR" EXCEL LANDSCAPE, INC., a California corporation DocuSigned bb v 5AINV&Mwner Dater /23 /2019 1 9:19 AM PDT DocuSign Envelope ID: 45647043- OE2E- 43E9- AD9D- ECCO079C8479 EXHIBIT Al Excel Contract Price Breakdown City of Lake Elsinore Amendment No. 5 Excel Service Agreement July 1, 2019 DocuSign Envelope ID: 45647043- OE2E- 43E9- AD9D- ECCO079C8479 LE City Parks 19' Location Month Annual Alberhill $7,278.70 $87,344.40 Canyon hills $6,617.00 $79,404.00 Surnmerly $7,444.13 $89,329.50 City park $1,323.40 $15,880.80 Creekside $2,315.95 $27,791.40 lakepoint $4,301.05 $51,612.60 lincoln street $661.70 $7,940.40 machado $1,654.25 $19,851.00 mcvicker $7,940.40 $95,284.80 oak tree $661.70 $7,940.40 rosetta canyon $4,962.75 $59,553.00 serenity $1,654.25 $19,851.00 serenity walking trail $383.79 $4,605.43 summer hill $992.55 $11,910.60 summer lake (Terra cotta Middle) $5,293.60 $63,523.20 Swick $2,315.95 $27,791.40 Tuscany hills $2,315.95 $27,791.40 Yarborough $992.55 $11,910.60 888 park (Lincoln pump) $239.01 $2,868.10 Equestrian Trails $661.70 $7,940.40 Downtown Riverwalk $2,977.65 $35,731.80 City yard $330.85 $3,970.20 Senior center $330.85 $3,970.20 Christiansen Park $1,985.10 $23,821.20 $65,634.82 $787,617.83 seaport boat launch $956.49 $11,477.84 Elm grove beach $2,271.66 $27,259.87 whiskers fishing beach $358.68 $4,304.19 Davis st fishing $239.12 $2,869.46 Small cove (levee trash) $358.68 $4,304.19 Elm grove parkin lot $165.50 $1,986.00 $4,350.13 $52,201.55 Total cost 1 $69,984.95 1 $839,819.38 phase 3 added new park DocuSign Envelope ID: 45647043- OE2E- 43E9- AD9D- ECC0079C8479 LE City Streets 19' -20' Location Month Annual Grape St $198.90 $2,386.80 Canyon Estates $795.60 $9,547.20 Summerhill $994.50 $11,934.00 Linier park $596.70 $7,160.40 Railroad Canyon median $795.60 $9,547.20 Railroad Canyon fire $397.80 $4,773.60 6th Street $397.80 $4,773.60 Mission trail $198.90 $2,386.80 Dowtown main street $594.44 $7,133.23 Main street planters $198.90 $2,386.80 Peck St parkin lot $198.90 $2,386.80 Sulphur parking lot $198.90 $2,386.80 Council Building $198.90 $2,386.80 Comm. Building $198.90 $2,386.80 Youth Building $198.90 $2,386.80 Lakeshore / Lakeshore $198.90 $2,386.80 Machado/grand $198.90 $2,386.80 Machado /lilly $198.90 $2,386.80 Machado /lake shore $397.80 $4,773.60 Presidents Track $994.50 $11,934.00 Lincoln $2,784.60 $33,415.20 Grand $2,585.70 $31,028.40 Lake St $198.90 $2,386.80 Orange Grove Way $198.90 $2,386.80 Princo $596.70 $7,160.40 Grand/ Ontario $397.80 $4,773.60 Corridon $397.80 $4,773.60 Poe St. Parkinglot $198.90 $2,386.80 Terra cotta $198.90 $2,386.80 Splash $198.90 $2,386.80 HWY 74 $198.90 $2,386.80 Mcvicker Fire $596.70 $7,160.40 Malaga medians $397.80 $4,773.60 Via de la Ville $397.80 $4,773.60 collier medians $397.80 $4,773.60 grahm weed abatement $397.80 $4,773.60 County court house $397.80 $4,773.60 ardenwood way $397.80 $4,773.60 Cultural center parkin lot $238.68 $2,864.16 Mckenna Court $198.90 $2,386.80 Total cost 1 $19,529.72 $234,356.59 new area DocuSign Envelope ID: 45647043- OE2E- 43E9- AD9D- ECCO079C8479 �1 EXCELAN -01 IAMIEO 14coR0` CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 3/30/2020 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(ies) must have ADDITIONAL INSURED provisions or be 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 certificate holder in lieu of such endorsement(s). PRODUCER License # 0122529 Gallant Risk & Insurance Services, Inc. 4160 Temescal Canyon Rd., #402 Corona, CA 92883 CONTACT Jamie Osorio NAME: PHONE FAX (A/C, No, Ext): (951 ) 368 -0664 No): (951) 368 -0707 ADDRESS :josorio @gallantriskinc.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Middlesex Insurance Company 23434 INSURED INSURER B :Oak River Insurance Company 34630 INSURER C: CLAIMS -MADE X OCCUR Excel Landscape, Inc. INSURER D: A0133421004 1185 Magnolia Ave., #E400 Corona, CA 92879 INSURER E INSURER F: 500,000 $ COVERAGES 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM DD YYY POLICY EXP MM DD YYY LIMITS • X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X X A0133421004 8/1/2019 8/1/2020 DAMAGE TO RENTED PREMISES Ea occurrence 500,000 $ MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY _! PECOT- 1:1 LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ OTHER: • AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 $ X BODILY INJURY Per person) $ ANY AUTO X X A0133421001 8/1/2019 8/1/2020 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 X AGGREGATE $ 3,000,000 EXCESS LIAB CLAIMS -MADE A0133421005 8/1/2019 8/1/2020 DED X RETENTION $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) N / A EXWC114133 4/1/2020 4/1/2021 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 30 days notice of cancellation to the certificate holder. Job # 7721 Re: All landscape operations performed by or on behalf of the named insured. The City of Lake Elsinore, The Community Redevelopment Agency of the City of Lake Elsinore (RDA), Its directors, officers & employees are named as additional insured. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) ©1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lake Elsinore Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Public Works Department 521 N. Langstaff Street Lake Elsinore, CA 92530 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 45647043- OE2E- 43E9- AD9D- ECCO079C8479 POLICY NUMBER: A0133421004 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: Any person or organization from whom you are required to waive your right to recover under a written contract or agreement in effect prior to any loss or damage Information required 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 work" 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. CG 24 04 05 09 A0133421 Middlesex Insurance Company 1 00001 0000000000 19211 0 N © Insurance Services Office, Inc., 2008 2ff8e28a- 3333- 4ad8- 9e6e- 68e7b08df44c 0027020044351317057092879572433 Page 1 of 1 07/30/2019 DocuSign Envelope ID: 45647043- OE2E- 43E9- AD9D- ECCO079C8479 POLICY NUMBER: A0133421004 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization you are required to add as All locations per written contract, agreement or permit an Description: additional insured under a written contract or All jobs performed that have a written contract, agreement agreement or permit in effect prior to any accident, injury, loss or damage Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 A0133421 Middlesex Insurance Company 1 00001 0000000000 19211 0 N With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. © Insurance Services Office, Inc., 2012 d8af7f97- 3b5b -4eae- 8146- efdff987a855 0027020044351317055492879572433 Page 1 of 2 07/30/2019 DocuSign Envelope ID: 45647043- OE2E- 43E9- AD9D- ECC0079C8479 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 A0133421 07/30/2019 Middlesex Insurance Company DocuSign Envelope ID: 45647043- OE2E- 43E9- AD9D- ECCO079C8479 POLICY NUMBER: A0133421004 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization you are required to add as All locations and jobs performed that have a written an contract, agreement or permit additional insured under a written contract or agreement in effect prior to any accident, injury, loss or damage Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 A0133421 Middlesex Insurance Company 1 00001 0000000000 19211 0 N B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 c480859c- 05e7 -4e5e- acbe- 966effa4c24a 0027020044351317055492879572433 Page 1 of 1 07/30/2019 DocuSign Envelope ID: 45647043- OE2E- 43E9- AD9D- ECCO079C8479 POLICY NUMBER: A0133421001 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Excel Landscape Inc Endorsement Effective Date: 08/01/2019 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization from whom you are required to waive your right to recover under a written contract or agreement in effect prior to any loss or damage Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the "loss" under a contract with that person or organization. CA 04 44 10 13 A0133421 Middlesex Insurance Company 1 00001 0000000000 19211 0 N © Insurance Services Office, Inc., 2011 43cccOcO- f948- 46db- ba98- d8ac510278ce 0027020044351317051492879572433 Page 1 of 1 07/30/2019 DocuSign Envelope ID: 45647043- OE2E- 43E9- AD9D- ECCO079C8479 POLICY NUMBER: A0133421001 COMMERCIAL AUTO CA 76 01 06 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY AND NONCONTRIBUTORY - COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated. Named Insured: Excel Landscape Inc Endorsement Effective Date: 08/01/2019 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization you are required to add as an additional insured under a written contract or agreement in effect prior to any accident, injury, loss or damage Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in: (1) Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms; or (2) Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 76 01 06 15 A0133421 Middlesex Insurance Company 00001 0000000000 19211 0 N B. Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other auto insurance issued to the person or organization in the schedule under your policy provided that: (1) The person or organization is a Named Insured under such other insurance; and (2) Prior to the "accident' you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the person or organization. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 09dac878- 8f15- 41ae- 80b8- b75033a4e8Oa 0027020044351317052792879572433 Page 1 of 1 07/30/2019 DocuSign Envelope ID: 45647043- OE2E- 43E9- AD9D- ECCO079C8479 BUSINESS LICENSE This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency. Business Name: EXCEL LANDSCAPE, INC. Business Location: 710 RIMPAU STE 108 CORONA, CA 92879 Owner Name(s): JOSE ALFARO EXCEL LANDSCAPE, INC. 1185 MAGNOLIA AVE STE E -400 CORONA, CA 92879 -3218 TO BE POSTED IN A CONSPICUOUS PLACE CITY OF LAKE ELSINORE Administrative Services - Licensing 130 South Main Street, Lake Elsinore, CA 92530 PH (951) 674 -3124 BUSINESS LICENSE NO. 004404 Business Type: LANDSCAPING CONTRACTOR Issue Date: 5/1/2020 Expiration Date: 4/30/2021 THIS IS YOUR LICENSE • NOT TRANSFERABLE DocuSign Envelope ID: B34CD5F1 -77DC-47AA-B55B-1 13EE8E8F8DF AMENDMENT NO. 5 TO AGREEMENT FOR CONTRACTOR SERVICES Excel Landscape, Inc. Landscape Maintenance Services This Amendment No. 5 to Agreement for Contractor Services ( "Amendment No. 5 ") is made and entered into as of July 1, 2019 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) for those services in FY2016/2017. D. Amendment No. 2 extended the Original Agreement an additional 12 months and adjusted the compensation award to Nine Hundred Seventy -Four Thousand Two Hundred Twenty -Three Dollars ($974,223) for Fiscal Year 2017 -2018. E. Amendment No. 3 dated 1/23/2018 amended the Scope of Service and increased the compensation for such services as set forth in Amendment No. 3, in an amount up to One Hundred Seventy -Three Thousand Six Hundred Thirty -Six Dollars ($173,636) for a not to exceed amount of One Million Two Hundred Ten Thousand Three Hundred Thirteen Dollars ($1,210,313). F. Amendment No. 4 extended the agreement an addition 12 -month term, with compensation at a not to exceed amount of $1,209,448 for FY18 -19. G. The parties now desire to extend the contract for an additional 12 -month term utilizing the option offered in the Original Agreement and increase compensation for a not to exceed amount of $1,074,176 for FY 2019 -2020. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: Section 2.c., Term, is hereby amended and restated in its entirety as follows: Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of (1) year, commencing on July 1, 2019 and ending on June 30, 2020. City of Lake Elsinore Amendment No. 5 Excel Service Agreement July 1, 2019 DocuSign Envelope ID: B34CD5F1 -77DC-47AA-B55B-1 13EE8E8F8DF follows: 2. Section 3, Compensation, is hereby amended and restated in its entirety as Compensation to be paid to Contractor shall be in accordance with fees set forth in the Contractor's Proposal Exhibit Al to Amendment No. 5. In no event shall Contractor's compensation exceed One Million Seventy Four Thousand One Hundred Seventy Six Dollars ($1,074,176) for Fiscal Year 2019 -2020 without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses 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. 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. IN WITNESS WHEREOF, the parties have caused this Amendment No. 5 to be executed on the respective dates set forth below. "CITY" CITY OF LAKE ELSINORE, a municipal corporation gD�oc"uS"i�gneed by: ran a es, ity Manager Dater /26 /2019 1 9:01 AM PDT ATTEST: DocuSigned by: l 'Clerk APPROVED AS TO FORM: DocuSigned by: �5A(ft6 ?K &yc... City of Lake Elsinore Amendment No. 5 Excel Service Agreement July 1, 2019 "CONTRACTOR" EXCEL LANDSCAPE, INC., a California corporation DocuSigned bb v SAIN ,'Owner Date: 7/23/2019 1 9:19 AM PDT DocuSign Envelope ID: B34CD5F1 -77DC-47AA-B55B-1 13EE8E8F8DF EXHIBIT Al Excel Contract Price Breakdown City of Lake Elsinore Amendment No. 5 Excel Service Agreement July 1, 2019 DocuSign Envelope ID: B34CD5F1- 77DC- 47AA- B55B- 113EE8E8F8DF LE City Parks 19' Location Month Annual Alberhill $7,278.70 $87,344.40 Canyon hills $6,617.00 $79,404.00 Summerly $7,444.13 $89,329.50 City park $1,323.40 $15,880.80 Creekside $2,315.95 $27,791.40 lakepoint $4,301.05 $51,612.60 lincoln street $661.70 $7,940.40 machado $1,654.25 $19,851.00 mcvicker $7,940.40 $95,284.80 oak tree $661.70 $7,940.40 rosetta canyon $4,962.75 $59,553.00 serenity $1,654.25 $19,851.00 serenity walking trail $383.79 $4,605.43 summer hill $992.55 $11,910.60 summer lake (Terra cotta Middle) $5,293.60 $63,523.20 Swick $2,315.95 $27,791.40 Tuscany hills $2,315.95 $27,791.40 Yarborough $992.55 $11,910.60 888 park (Lincoln pump) $239.01 $2,868.10 Equestrian Trails $661.70 $7,940.40 Downtown Riverwalk $2,977.65 $35,731.80 City yard $330.85 $3,970.20 Senior center $330.85 $3,970.20 Christiansen Park $1,985.10 $23,821.20 $65,634.82 $787,617.83 seaport boat launch $956.49 $11,477.84 Elm grove beach $2,271.66 $27,259.87 whiskers fishing beach $358.68 $4,304.19 Davis st fishing $239.12 $2,869.46 Small cove (levee trash) $358.68 $4,304.19 Elm grove parkin lot $165.50 $1,986.00 $4,350.13 $52,201.55 Total cost 1 $69,984.95 1 $839,819.38 phase 3 added new park DocuSign Envelope ID: B34CD5F1- 77DC- 47AA- B55B- 113EE8E8F8DF LE City Streets 19' -20' Location Month Annual Grape St $198.90 $2,386.80 Canyon Estates $795.60 $9,547.20 Summerhill $994.50 $11,934.00 Linier park $596.70 $7,160.40 Railroad Canyon median $795.60 $9,547.20 Railroad Canyon fire $397.80 $4,773.60 6th Street $397.80 $4,773.60 Mission trail $198.90 $2,386.80 Dowtown main street $594.44 $7,133.23 Main street planters $198.90 $2,386.80 Peck St parkin lot $198.90 $2,386.80 Sulphur parkin lot $198.90 $2,386.80 Council Building $198.90 $2,386.80 Comm. Building $198.90 $2,386.80 Youth Building $198.90 $2,386.80 Lakeshore / Lakeshore $198.90 $2,386.80 Machado/grand $198.90 $2,386.80 Machado /lilly $198.90 $2,386.80 Machado /lake shore $397.80 $4,773.60 Presidents Track $994.50 $11,934.00 Lincoln $2,784.60 $33,415.20 Grand $2,585.70 $31,028.40 Lake St $198.90 $2,386.80 Orange Grove Way $198.90 $2,386.80 Princo $596.70 $7,160.40 Grand/ Ontario $397.80 $4,773.60 Corridon $397.80 $4,773.60 Poe St. Parkinglot $198.90 $2,386.80 Terra cotta $198.90 $2,386.80 Splash $198.90 $2,386.80 HWY 74 $198.90 $2,386.80 Mcvicker Fire $596.70 $7,160.40 Malaga medians $397.80 $4,773.60 Via de la Ville $397.80 $4,773.60 collier medians $397.80 $4,773.60 rahm weed abatement $397.80 $4,773.60 County court house $397.80 $4,773.60 ardenwood way $397.80 $4,773.60 Cultural center parkin lot $238.68 $2,864.16 Mckenna Court $198.90 $2,386.80 Total cost 1 $19,529.72 $234,356.59 new area DocuSign Envelope ID: B34CD5F1 -77DC-47AA-B55B-1 13EE8E8F8DF �1 EXCELAN -01 CARLAG ,4coR0` CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 04/01/2019 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(ies) must have ADDITIONAL INSURED provisions or be 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 certificate holder in lieu of such endorsement(s). PRODUCER License # 0122529 CONTACT NAME: PHONE FAX (A /C, No, Ext): (951 ) 368 -0700 No): (951) 368 -0707 Gallant Risk & Insurance Services, Inc. 4160 Temescal Canyon Rd., #402 Corona, CA 92883 ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Westchester Surplus Lines Insurance Company 10172 INSURED INSURER B :Oak River Insurance Company 34630 INSURER C: Excel Landscape, Inc. INSURER D: 11/01/2018 710 Rimpau Ave., #108 Corona, CA 92881 INSURER E DAMAGETORENTED PREMISES Ea occurrence INSURER F: MED EXP (Any one person) COVERAGES 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM DD YYY POLICY EXP MM DD YYY LIMITS A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR G24333371007 11/01/2018 11/01/2019 DAMAGETORENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY El PECOT- [::] LOC PRODUCTS - COMP /OP AGG $ Pollution Llab. $ 1,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) N / A EXWC011748 04/01/2019 04/01/2020 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 30 days notice of cancellation to the certificate holder. Job # 7721 RE: All California Landscape Operations of the Named Insured. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) ©1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lake Elsinore Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Public Works Department 521 N. Langstaff Street Lake Elsinore, CA 92530 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: B34CD5F1- 77DC- 47AA- B55B- 113EE8E8F8DF .a►�oEZO® CERTIFICATE OF LIABILITY INSURANCE FTTE (MMIDDIYYYY) s/3M2o1s 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(ies) must be 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 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Benita Hall, CISR NAME: Landscape Contractors (Lic #0755906) AICN No, Ext : (559) 650 -3555 LAIC No : (559) 650 -3558 Insurance Services, Inc. AI�IDRess:bhall @lcisinc.com INSURER(S)AFFORDING COVERAGE NAIL # 1835 N. Fine Avenue INSURERA:Financial Pacific Ins Co 31453 Fresno CA 93727 INSURED INSURER B CLAIMS -MADE X�OCCUR INSURER C: Excel Landscape, Inc. 1191 Magnolia Ave., Ste D #400 INSURER D: INSURER E $ 500,000 INSURERF: Revise previouslV issue certs $ 5,000 Corona CA 92879 COVERAGES CERTIFICATE NUMBER:18 -19 Pkg & Auto & 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. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MMIDD YYYY MMIDD YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 A CLAIMS -MADE X�OCCUR PR MI TO RENTED PREMISES Ea occurrence $ 500,000 MED EXP (Any one person) $ 5,000 X Y 60507214 8/1/2018 8/1/2019 X $1,000 PD DED PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ JECT PRO- ❑ LOC X PRODUCTS - COMP /OPAGG $ 2,000,000 Employee Benefits $ 1,000,000 OTHER. AUTOMOBILE LIABILITY C E a OMB ccidenINED SINGLE LIMIT at $ 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS X AUTOS X Y 50507214 8/1/2018 8/1/2019 BODILY INJURY (Per accident) $ X NON -OWNED HIRED AUTOS X AUTOS PROPERTY DAMAGE peraccident $ Uninsured motorist combined $ 1,000,000 X UMBRELLA X OCCUR EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3 , 000, 000 A EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ 60507214 8/1/2018 8/1/2019 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE I ER ANY PRO PRIETORfPARTNERfEXECUTIVIE E . EACH ACCIDENT $ OPPICERfMEMBER EXCLUDED? ❑ NfA E . DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Job # 7721 - All California landscape operations performed by or on behalf of the named insured. (See attached CG2010R- 12 11 & CA71090117) 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 HOLDER CANCELLATION © 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 (201401) 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 AUTHORIZED REPRESENTATIVE B Hall, CISR /KSAENZ © 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 (201401) DocuSign Envelope ID: B34CD5F1- 77DC- 47AA- B55B- 113EE8E8F8DF POLICY NUMBER: CG 20 10R 12 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (WITH LIMITED COMPLETED OPERATIONS COVERAGE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART BUSINESSOWNERS COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION Any person or organization to whom or to which the named insured is obligated by a virtue of a written contract to provide insurance that is afforded by this policy. Where required by contract, the officers, officials, employees, directors, subsidiaries, partners, successors, parents, divisions, architects, surveyors and engineers are included as additional insureds. All other entities, including but not limited to agents, volunteers, servants, members and partnerships are included as additional insureds, if required by contract, only when acting within the course and scope of their duties controlled and supervised by the primary (first) additional insured. If an Owner Controlled Insurance Program is involved, the coverage applies to off - site operations only. If the purpose of this endorsement is for bid purposes only, then no coverage applies. WHO IS AN INSURED: (Section II) This section is amended to include as an insured the person or organization within the scope of the qualifying language above, but only to the extent that the person or organization is held liable for your acts or omissions in the course of "your work" for that person or organization by or for you. The "products - completed operations hazard" portion of the policy coverage as respects the additional insured does not apply to any work involving or related to properties intended for residential or habitational occupancy (other than apartments). This clause does not affect the "products - completed operations" coverage provided to the named insured(s). the qualifying language above because of payments we make for injury. LOCATION OF JOB: The job location must be within the State of domicile of the named insured, or within any contiguous State thereto. DESCRIPTION OF WORK: The type of work per-formed must be that as described under classifications in the CGL Coverage Part Declarations. PRIMARY CLAUSE: When this endorsement applies and when required by written contract, such insurance as is afforded by the general liability policy is primary insurance and other insurance shall be excess and shall not contribute to the insurance afforded by this endorsement. EXCLUSION This insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of an architect's, engineer's or surveyor's rendering or failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve, maps, designs, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. We waive any right of recovery, when required Endorsement EFFECTIVE DATE: SEE DEC by written contract, that we may have against the person or organization within the scope of Endorsement EXPIRATION DATE: SEE DEC CG 20 10R 12 11 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission DocuSign Envelope ID: B34CD5F1- 77DC- 47AA- B55B- 113EE8E8F8DF COMMERCIAL AUTO CA 71 09 01 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ULTRA ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COMMON POLICY CONDITIONS COVERAGE INDEX DESCRIPTION PAGE Temporary Substitute Auto Physical Damage 2 Broad Form Insured 2 Employee as Insureds 2 Additional Insured Status by Contract, Agreement or Permit 2 Bail Bond Coverage 3 Loss of Earnings Coverage 3 Amended Fellow Employee Coverage 3 Towing and Labor 3 Physical Damage Additional Transportation Expense Coverage 3 Extra Expense - Theft 3 Rental Reimbursement and Additional Transportation Expense 4 Personal Effects Coverage 4 Personal Property of Others 4 Locksmith Coverage 4 Vehicle Wrap Coverage 5 Airbag Accidental Discharge 5 Audio, Visual and Data Electronic Equipment Coverage 5 Auto Loan /Lease Total Loss Protection 5 Glass Repair — Deductible Amendment 5 Amended Duties in the Event of Accident, Claim, Suit or Loss 6 Waiver of Subrogation Required by Contract 6 Unintentional Failure to Disclose 6 Hired, Leased, Rented or Borrowed Auto Physical Damage 6 Mental Anguish 7 Extended Cancellation Condition 7 The COVERAGE INDEX set forth above is informational only and grants no coverage. Terms set forth in (Bold Italics) are likewise for information only and by themselves shall be deemed to grant no coverage. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 DocuSign Envelope ID: B34CD5F1- 77DC- 47AA- B55B- 113EE8E8F8DF (Temporary Substitute Auto Physical Damage) A. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE SECTION I — COVERED AUTOS, paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos is amended by adding the following at the end of the existing language: If Physical Damage Coverage is provided under this Coverage form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its breakdown, repair, servicing, "loss ", or destruction B. BROADENED LIABILITY COVERAGES SECTION II — LIABILITY COVERAGE in Paragraph A. Coverage at 1. Who Is An Insured is amended to include the following: (Bread Farm Insured) d. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. e. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership, (2) That is an "insured" under any other policy, (3) That has exhausted its Limits 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 acquisition or formation Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization. (Employee as Insureds) f. Any employee of yours while acting in the course of your business or your personal affairs while using a covered "auto" you do not own, hire or borrow. (Additional Insured Status by Contract, Agreement or Permit) g. Any person or organization whom you are required to add as an additional insured on this policy under a written contract or agreement; but the written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury" or "property damage." The additional insured status will apply only with respect to your liability for "bodily injury" or "property damage" which may be imputed to that person(s) or organization(s) directly arising out of the ownership, maintenance or use of the covered "autos" at the location(s) designated, if any. Coverage provided by this endorsement will not exceed the limits of liability required by the written contract or written agreement even if the limits of liability stated in the policy exceed those limits. This endorsement shall not increase the limits stated in Section II. C. Limits of Insurance. For any covered "auto" you own this Coverage Form provides primary coverage. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 DocuSign Envelope ID: B34CD5F1- 77DC- 47AA- B55B- 113EE8E8F8DF C. BROADENED SUPPLEMENTARY PAYMENTS SECTION II. LIABILITY A. Coverage 2. Coverage Extensions a. Supplementary Payments (2) and (4) are replaced by the following: (Bail Bond Coverage) (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (Loss of Earnings Coverage) (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earning up to $500 a day because of time off from work. (Amended Fellow Employee Exclusion) D. AMENDED FELLOW EMPLOYEE EXCLUSION Only with respect to your "employees" who occupy positions which are supervisory in nature, SECTION II. LIABILITY B. Exclusion 5. Fellow Employee is replaced by: 5. Fellow Employee "Bodily Injury ": a. To you, or your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); b. To your "executive officers" and directors (if you are an organization other than a partnership, joint venture, or limited liability company) but only with respect to performance of their duties as your officers or directors; c. For which there is an obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph a and b above; or d. Arising out of his or her providing or failing to provide professional health care services. For purposes of this endorsement, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, transfer, direct, discipline or discharge. E. BROADENED PHYSICAL DAMAGE COVERAGES SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage is amended as follows: (Towing and Labor) 2. Towing is deleted and replaced with the following: 2. Towing and Labor We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" is disabled: a. For private passenger type vehicles we will pay up to $100 per disablement. b. For all other covered "auto's" we will pay up to $500 per disablement However, the labor must be performed at the place of disablement. (Physical Damage Additional Transportation Expense Coverage) 4. Coverage Extensions a. Transportation Expenses is amended to provide the following limits: We will pay up to $60 per day to a maximum of $1,800. All other terms and provisions of this section remain applicable. The following language is added to 4. Coverage Extensions: (Extra Expense — Theft) c. Theft Recovery Expense If you have purchased Comprehensive Coverage on an "auto" that is stolen, we will pay the expense of returning that stolen auto to you. The limit for this coverage extension is $5,000. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 DocuSign Envelope ID: B34CD5F1- 77DC- 47AA- B55B- 113EE8E8F8DF (Rental Reimbursement and Additional Transportation Expense) d. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations or schedule pages. Coverage applies only to a covered "auto ". (1) We will pay for auto rental expense and the expense incurred by you because of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto." Payment applies in addition to the otherwise applicable coverage you have on a covered "auto." No deductible applies to this coverage. (2) We will pay only for expenses incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto." If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you, or (b) 30 days. (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or (b) $75 per day. (c) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (d) If "loss" results from the total theft of a covered "auto" of the private passenger or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under the SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses. (Personal Effects Coverage) e. Personal Effects If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for Personal Effects stolen with the "auto ". The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, Personal Effects means tangible property that is worn or carried by an "insured ". (Personal Properly of Others) f. Personal Property of Others We will pay up to $500 for loss to personal property of others in or on your covered "auto." This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductibles apply to this coverage. (Locksmith Coverage) g. Locksmith Coverage We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger "auto ". The deductible is waived for these services. Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 DocuSign Envelope ID: B34CD5F1- 77DC- 47AA- B55B- 113EE8E8F8DF (Vehicle Wrap Coverage) h. Vehicle Wrap Coverage If you have Comprehensive or Collision coverage on an "auto" that is a total loss, in addition to the actual cash value of the "auto ", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. (Airbag Accidental Discharge) F. SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended at 3. to include the following language: If you have purchased Comprehensive or Collision Coverage under this policy, this exclusion does not apply to mechanical breakdown relating to the accidental discharge of an air bag. This coverage applies only to a covered auto you own and is excess of any other collectible insurance or warranty. No deductible applies to this coverage. G. BROADENED LIMITS OF INSURANCE (Audio, Visual and Data Electronic Equipment Coverage) SECTION III — PHYSICAL DAMAGE COVERAGE — C. Limit of Insurance at 1.b. is amended to provide the following limits: b. Limits of $1,000 per "loss" is increased to $5,000 per "loss ". All other terms and provisions of this section remain applicable. (Auto LoanA ease Total Loss Protection) SECTION III — PHYSICAL DAMAGE COVERAGE — C. Limit of Insurance is amended by adding the following language: 4. In the event of a total 'loss" to a covered "auto" shown in the Schedule pages, subject at the time of the 'loss" to a loan or lease, we will pay any unpaid amount due including up to a maximum of $500 for early termination fees or penalties on the lease or loan for a covered "auto" less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease 1 loan payments at the time of the "loss "; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry -over balances from previous loans or leases. (Glass Repair— Deductible Amendment) H. GLASS REPAIR — DEDUCTIBLE SECTION III — PHYSICAL DAMAGE COVERAGE — D. Deductible is amended by adding the following: Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, rather than replaced. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 DocuSign Envelope ID: B34CD5F1- 77DC- 47AA- B55B- 113EE8E8F8DF (Amended Duties in the Event of Accident, Claim, Suit or Loss) I. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Under SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, the following is added to paragraph 2. Duties In The Event of Accident, Suit or Loss: d. Knowledge of any "accident ", "claim ", "suit" or "loss" will be deemed knowledge by you when notice of such "accident ", "claim ", "suit" or "loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees, board members or insurance manager, if you are a not - for - profit organization. (Waiver of Subrogation by Contract) J. WAIVER OF SUBROGATION REQUIRED BY CONTRACT Under SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions 5. Transfer of Rights of Recovery Against Others to Us the following language is added: However, we waive any rights of recovery we may have against the person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is afforded under the policy to which this endorsement is attached. This provision does not apply unless the written contract or written agreement has been executed, or permit has been issued, prior to the "bodily injury" or "property damage." (Unintentional Failure to Disclose) K. UNINTENTIONAL FAILURE TO DISCLOSE Under SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, the following is added to 2. Concealment, Misrepresentation Or Fraud: Your unintentional error in disclosing, or failing to disclose, any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. (Hired, Leased, Rented or Borrowed Auto Physical Damage) L. HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE Under SECTION IV — BUSINESS AUTO CONDITIONS B. General Conditions 5. Other Insurance Paragraph 5.b. is replaced by the following: b. (1) For "Comprehensive" and "Collision" Auto Physical Damage coverage provided by this endorsement, the following are deemed to be covered "autos" you own: (a) Any Covered "auto" you lease, hire, rent or borrow; and (b) Any Covered "auto" hired or rented by your "employee" under a contract in that individual "employee'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" (2) Limit of Insurance For This Section The most we will pay for any one "loss" is the lesser of the following: (a) $75,000 per accident, or (b) actual cash value at the time of loss, or (c) cost of repair. Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 DocuSign Envelope ID: B34CD5F1- 77DC- 47AA- B55B- 113EE8E8F8DF Minus a $500 deductible. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss. No deductible applies to "loss" caused by fire or lightning. (3) This Hired Auto Physical Damage coverage is excess over any other collectible insurance. (4) Definitions For This Section (a) Comprehensive Coverage: from any cause except the covered "auto's" collision with another object or the covered "auto's" overturn. We will pay glass breakage, "loss" caused by hitting a bird or animal and, "loss" caused by falling objects or missiles. (b) Collision Coverage: caused by the covered "auto's" collision with another object or by the covered "auto's" overturn. (Mental Anguish) M. MENTAL ANGUISH Under SECTION V — DEFINITIONS, C. is replaced by the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including mental anguish or death resulting from bodily injury, sickness, or disease. (Extended Cancellation Condition) N. EXTENDED CANCELLATION CONDITION Under CANCELLATION, of the COMMON POLICY CONDITIONS form, item 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 DocuSign Envelope ID: B34CD5F1 -77DC-47AA-B55B-1 13EE8E8F8DF BUSINESS LICENSE This business license is Issued for revenue purposes only and does not grant authorization to operate a business. This business 4cense is f5s4jed without verification fhat the holder Is subject to or exempted from licensing by the state. county, federal government, or any other governmental agency. Business Name: EXCEL LANDSCAPE, INC. Business Location: 710 RWPAU STE 108 CORONA. CA 92879 Owner Narne(s): JOSE ALFARO EXCEL LANDSCAPE, INC. 710 RIMPAU STE 108 CORONA, CA 92879 TO BE POSTED IN A CONSPICUOUS PLACE CITY OF LAKE ELSINORE Administrative Services - Licensing 1301 South Main Street, Lake Elsinore, CA 92530 PH (951) 674 -3124 BUSINESS LICENSE NO. 004404 Susinoss Type: LANDSCAPING CONTRACTOR Issue Date: 5/1/2019 Expiration Date: 4!3012020 THIS IS YOUR LICENSE • NOT TRANSFERABLE DocuSign Envelope ID: 59E4A9FD -A1B5- 4191- 897D- 10C01937DF4A AMENDMENT NO. 4 TO AGREEMENT FOR CONTRACTOR SERVICES Excel Landscape, Inc. Landscape Maintenance Services This Amendment No. 4 to Agreement for Contractor Services ( "Amendment No. 4 ") is made, and entered into as of July 1, 2018 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) for those services in FY2016/2017. D. Amendment No. 2 extended the Original Agreement an additional 12 months and adjusted the compensation award to Nine Hundred Seventy -Four Thousand Two Hundred Twenty -Three Dollars ($974,223) for Fiscal Year 2017 -2018. E. Amendment No. 3 dated 1/23/2018 amended the Scope of Service and increased the compensation for such services as set forth in Amendment No. 3, in an amount up to One Hundred Seventy -Three Thousand Six Hundred Thirty -Six Dollars ($173,636) for a not to exceed amount of One Million Two Hundred Ten Thousand Three Hundred Thirteen Dollars ($1,210,313). F. The parties now desire to use the second extension option offered in the Original Agreement and extend the term for an additional 12months through FY18 -19. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: Section 2.c., Term, is hereby amended and restated in its entirety as follows: Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of (1) year, commencing on July 1, 2018 and ending on June 30, 2019. 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 term, 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. City of Lake Elsinore Amendment No. 4 Excel Service Agreement June 12, 2018 DocuSign Envelope ID: 59E4A9FD -A1B5- 4191- 897D- 10C01937DF4A follows: 2. Section 3, Compensation, is hereby amended and restated in its entirety as Compensation to be paid to Contractor shall be in accordance with fees set forth in the Contractor's Proposal Exhibit Al to Amendment No. 4. In no event shall Contractor's compensation exceed One Million Two Hundred Nine Thousand Four Hundred Forty Eight Dollars ($1,209,448) for Fiscal Year 2018 -2019 without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses 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. 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. IN WITNESS WHEREOF, the parties have caused this Amendment No. 4 to be executed on the respective dates set forth below. "CITY" CITY OF LAKE ELSINORE, a municipal corporation DocuS il�gned byl Gran afes, Tity Manager Date: 7/5/2018 1 4:57 PM PDT ATTEST: D++ocuSignedd by: jN/}t4Y1. /'I. �04WPq'1. City Clerk APPROVED AS TO FORM: DocuSigned by: City of Lake Elsinore Amendment No. 4 Excel Service Agreement June 12, 2018 "CONTRACTOR" EXCEL LANDSCAPE, INC., a California corporation FDocuSigned by: 6bst. 9�ar'b Jose 0 VFa"r o, 5 wner Date: 7/5/2018 1 4:48 PM PDT DocuSign Envelope ID: 59E4A9FD -A1B5- 4191- 897D- 10C01937DF4A EXHIBIT Al Excel Contract Price Breakdown City of Lake Elsinore Amendment No. 4 Excel Service Agreement June 12, 2018 DocuSign Envelope ID: 59E4A9FD -A1B5- 4191- 897D- 10C01937DF4A EXCEL CONTRACT PRICING BREAKDOWN FY2018 -19 ANNUAL MAINTENANCE #1 PARKS $736,790.08 #1 FACILITIES $7,476 $744,266.08 #2 LLMD $170,349.80 #2 #1 ZONE 2 $2,241.60 #2 #1 ZONE 3 $4,483.20 #2 #1 ZONE 8 $2,241.60 #2 #1 ZONE 11 $4,483.20 #2 #1 ZONE 15 $4,483.20 #2 #1 ZONE 20 $4,483.20 #2 FACILITIES $11,208 #2 FIRE $11,208 $215,181.80 ANNUAL REPAIRS AND EXTRA WORK #1 PARKS $185,000 #1 FACILITIES $500 $185,500.00 #2 LLMD $55,000 #2 #1 ZONE 2 $1,500 #2 #1 ZONE 3 $1,500 #2 #1 ZONE 8 $500 #2 #1 ZONE 11 $1,500 #2 #1 ZONE 15 $2,000 #2 #1 ZONE 20 $1,500 #2 FACILITIES $500 #2 FIRE $500 $64,500.00 Grand total $1,209,447.88 Exhibit Al AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACTOR SERVICES Excel Landscape, Inc. Landscape Maintenance Services This Amendment No. 3 to Agreement for Contractor Services ( "Amendment No. 3 ") is made, and entered into as of January 23, 2018 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. Amendment No. 2 extended the contract an additional 12- months and adjusted the compensation award to $974,223 for Fiscal Year 2017 -2018. E. The parties now desire to amend the Scope of Services and increase the compensation for such services as set forth in this Amendment No. 3, in an amount not to exceed $173,636. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: 1. Section 1, Scope of Services of the Original Agreement is hereby amended to add the following: follows: Contractor shall perform the services and related work described in Contractor's Revised Scope of Work (Exhibit Al) attached to Amendment No.3, in addition to Contractor's Proposal (Exhibit A) in the Original Agreement. Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Scope of Work (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. 2. Section 3, Compensation, is hereby amended and restated in its entirety as Compensation to be paid to Contractor shall be in accordance with the fees set forth in the Contractor's Proposal (Exhibit A to the Original Agreement as amended by Amendment No. 1, Amendment No. 2 and City of Lake Elsinore Amendment No. 3 Excel Service Agreement January 23, 2018 the Contractor's Revised Scope of Work attached as Exhibit A -1 to this Amendment No. 3 and incorporated herein by reference). In no event shall Contractor's compensation exceed One Million Two Hundred Ten Thousand Three Hundred Thirteen Dollars ($1,210,313) for Fiscal Year 2017 -2018 without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses 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. 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. IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed on the respective dates set forth below. "CITY" CITY OF LAKE ELSINORE, a municipal corporation ,;4� Grant Y s, City Manager Date: W _ �� -r ._.R. ..; Attorneyy City of Lake Elsinore Amendment No. 3 Excel Service Agreement January 23, 2018 "CONTRACTOR" EXCEL LANDSCAPE, INC., a California corporation Exhibit Al Excel Landscape Additional Services 1. Trieste Housing Tract Landscape — Monthly Maintenance Cost — $350.00 Qty. 8 months -- Total $2,836.00. 2. Serenity Park Walking Trail — Monthly Maintenance Cost -- $350.00 Qty. 8 months — Total $2,800.00. 3. Summerly Park Landscape — Monthly Maintenance Cost -- $4,500.00 Qty. 4 months — Total $18,000 City of Lake Elsinore Amendment No. 3 Excel Service Agreement January 23, 2018 BUSINESS LICENSE This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency. Business Name: EXCEL LANDSCAPE, INC. Business Location: 710 RIMPAU STE 108 CORONA, CA 92879 Owner Name(s): Jose Alfaro EXCEL LANDSCAPE, INC. 710 RIMPAU STE 108 CORONA, CA 92879 CITY OF LAKE ELSINORE ADMINISTRATIVE SERVICES- LICENSING 130 South Main Street Lake Elsinore, CA 92530 951.674.3124 TO BE POSTED IN A CONSPICUOUS PLACE BUSINESS LICENSE NO. 004404 Business Type: LANDSCAPING CONTRACTOR Issue Date: 5/1/2017 Expiration Date: 4130/2018 THIS IS YOUR LICENSE • NOT TRANSFERABLE FXCFLAN -01 CARLAG 14CORU 11111.� CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 03129/2018 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(ies) must have ADDITIONAL INSURED provisions or be 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 certificate holder in lieu of such endorsement(s). PRODUCER License # 0252636 CONTACT NAME: PHONE 1X Exe): (951) 368 -0700 FA (.C, No):(951) 368 -0707 Gallant Risk & Insurance Services, Inc. 4160 Temescal Canyon Rd., #402 Corona, CA 92883 Corona, E_ S S: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Benchmark Insurance Company 41394 INSURED INSURER B : INSURER C : $ Excel Landscape, Inc. INSURER D: $ 710 Rimpau Ave., #108 Corona, CA 92881 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER- REVISION NIIMRFR- 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. INSR T TYPE OF INSURANCE ADDL D SUBR POLICY NUMBER POLICY EFF MMIDD /YYYY POLICY EXP M I LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER - POLICY D JEPRCO T 7 LOC GENERAL AGGREGATE $ PRODUCTS - COMP /OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT a cident $ BODILY INJURY Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ HIRED NON WNED AUTOS ONLY AUTO ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABILITY Y ANY PROPRIETOR /PARTNER /EXECUTIVE � OFFICER /MEMBER EXCLUDED? (Mandatory in NH) NIA CST5012486 04/0112018 04/01/2019 E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1'000'000 If es, describe under DESCRIPTION OF OPERATIONS below I I E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Job # 7721 RE: All California Landscape Operations of the Named Insured. City of Lake Elsinore Attn: City Manager 130 S. Main Street 92330 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A�RD� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) $/1/2017 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(ies) must be 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 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Benita Hall, CISR Landscape Contractors (Lic #0755906) AHICnL Ems: (559)650 -3555 AIC No: (559)650 -3556 Insurance Services, Inc. E-MAIL bhall @lcisinc.com ADDRESS: 1835 N. Fine Avenue INSURER(S) AFFORDING COVERAGE NAIC t INSURERA Atlantic Specialty Insurance 27154 Fresno CA 93727 INSURED INSURERS INSURERC: Excel Landscape, Inc. 1191 Magnolia Ave., Ste D #400 INSURERD: AMAGETo N PREMISES Ea occurrence INSURER E : MED EXP (Any one person) INSURER F: Corona CA 92879 COVERAGES CERTIFICATE NUMBER:17 /18 Pkg & Auto & Umbrel 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. INSR TYPE OF INSURANCE LTR ADDL S POLICY NUMBER POLICY EFF MMIDDIYYW POLICY EXP MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE � OCCUR AMAGETo N PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 X Y 618- 00 -07 -73 -0002 8/1/2017 8/1/2018 X $1,000 Pd Ded PERSONAL & ADV INJURY $ 1,000,000 GEl AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 X POLICY 0 PJECT RO LOC PRODUCTS - COMP /OP ASS 2 000 000 $ 2,000,000 Employee Benefits $ 1,0001000 OTHER: AUTOMOBILE LIABILITY M IN SINGL LI I Ea accident $ 1,000,000 BODILY INJURY (Per person) $ A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X Y 618- 00 -07 -73 -0002 8/1/2017 8/1/2018 BODILY INJURY (Per accident) $ X HIRED AUTOS Ix NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ Uninsured motorist combined $ 1,000,000 X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 A EXCESS LIAB I CLAIMS -MADE DED I I RETENTION$ $ 1 1618-00-07-73-0002 8/1/2017 8/1/2018 IWORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N ANY PRO FRIETOR/PARTNERIEXECUTIVE STATUTE ER E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ N/A E . DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E . DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS[ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is 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 City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92330 ACORD 25 (2014/01) INS025 (201401) LANC:tLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Hall, CISR /ACOMBE — © 1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 618- 00 -07 -73 -0002 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 required 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 work" 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. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @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. 1, ADDITIONAL INSURED BY CONTRACT The Who Is An Insured provision under SECTION II — 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 contract or 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 any 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 ". 5. 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. VCA 201 01 09 Includes copyrighted material of Insurance services Office. Inc. Page 1 of 5 Copyright 2004, oneBeacon Insurance Group LLC E- INSURED 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 19. 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 Loss Vehicles 11. Employees As Insureds 21. Towing — Any Covered Auto 1, ADDITIONAL INSURED BY CONTRACT The Who Is An Insured provision under SECTION II — 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 contract or 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 any 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 ". 5. 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. VCA 201 01 09 Includes copyrighted material of Insurance services Office. Inc. Page 1 of 5 Copyright 2004, oneBeacon Insurance Group LLC E- INSURED S. BROAD FORM NAMED INSURED a. The Who Is An Insured provision under SECTION 11 — LIABILITY COVERAGE is amended to include the following: Any organization which is a legally incorporated entity in which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Form will be a Named Insured until the 1801h 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 6. 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 11— LIABILITY COVERAGE is amended to include: If you are designated to 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 111 — 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, OneBeacon 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 II — 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 201 01 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 a long 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 If — 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 II —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 111 — 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 of Insurance Services Office. Inc. VCA 201 01 09 Copyright 2004, OneBeacon 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. TOWING — 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 201 0109 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 5 Copyright 2004. OneBeacon Insurance Group LLC 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'). • 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. • 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. • Amendment No. 1 provided for an additional Two Hundred Seventy -Six Thousand dollars ($276,000) 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 FY201612017. • 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: 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. 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. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. Excel Landscape Amendment No.2 City of Lake Elsinore 7/1/2017 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 Y, City Manager Date: -2f< MI) ATTEST: gerk APPROVED AS TO FORM: City Attorney Attachments: Amendment No. 1 Original Agreement "CONTRACTOR" EXCEL LANDSCAPE, INC., a California corporation Jo Alfaro, Owne Date: 1,7 AMENDMENT No. 2 - EXCEL LANDSCAPE June 27, 2617 City of Lake Elsinore Page 2 1PY14TTZTT'A' Yearly Cost Increase Parks Streets Maint. Total 16' $568,884.00 $179,907.00 $748,791.00 17' $642,312.00 $199,911.00 $842,223.00 18' $681,991.00 $210,698.60 $892,689.60 19' $724,381.44 $224,332.03 $948,713.48 Contingency Contract Total $276,000.00 $1,024,791.00 $132,000.00 $974,223.00 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 EXCELAN -01 KIMM ACORO` CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/3112017 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(ies) must be 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 certificate holder in lieu of such endorsement(s). PRODUCER License # 0252636 Gallant Risk & Insurance Services, Inc. 4160 Temescal Canyon Rd., #402 Corona, CA 92883 CONT NAMEACT Kimberly Morris PHONE FAX Alc No Ext : C. No): E -MAIL ADDRESS: kmorris @gallantriskinc.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Security National Insurance Company 19879 INSURED INSURER 8: $ INSURER C: Excel Landscape, Inc. INSURER D: 710 Rimpau Ave., #108 Corona, CA 92881 INSURER E INSURER F: COVERAGES 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. INSR LTR TYPE OF INSURANCE A L IN SD UB WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MWDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE 7 OCCUR PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ GEN'L POLICY a PRO I7 LOC JECT PRODUCTS - COMP /OPAGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DIED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE Y� OFFICER/MEMBER EXCLUDED? (MandatoryinNH) N/A SWC1149003 04/01/2017 04101/2018 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYE $ 1,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Job #7721 RE: All California Landscape Operations of the Named Insured. CERTIFICATE HOLDER CANCELLATION ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lake Elsinore ty Attn: City Manager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 130 S. Main Street AUTHORIZED REPRESENTATIVE 92330 I } ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACOR[DF CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDD1YYW) 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 INSURERS ), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be 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 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Benita Hall, CISR NAME Landscape Contractors (Lic #0755906) aic °o Ext: (559)650 -3555 AIC No: (559) 650 -3558 Insurance Services, Inc. E -MAIL ADDRESS: bhall @lcisinc.com 1835 N. Fine Avenue NSURER(S)AFFORDING COVERAGE NAIC INSURER A Atlantic Specialty Insurance 27154 Fresno CA 93727 INSURED INSURER B CLAIMS -MADE OCCUR INSURERC: Excel Landscape, Inc. 1191 Magnolia Ave., Ste D #400 INSURERD: INSURER E : $ 100,000 INSURERF: $ 5, 000 Corona CA 92879 COVERAGES CERTIFICATE NUMBER:16 /17 Pkg & Auto 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. INSR TYPE OF INSURANCE Lake Elsinore, CA 92330 POLICY NUMBER MMl DIYYYY MM DD YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE OCCUR PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5, 000 X Y 618- 00 -07 -73 -0001 8/1/2016 8/1/2017 X $1,000 Pd Dead PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ ,ECOT LOC PRODUCTS- COMP /OPAGG $ 2,000,000 I Employee Benefits $ 1,000,000 OTHER AUTOMOBILE LIABILITY IN L LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ A X ANY AUTO AUTOS OWNED SCHEDULED AUTOS X Y 618- 00 -07 -73 -0001 8/1/2016 8/1/2017 BODILY INJURY (Per accident) $ X NON -OWNED HIREDAUTOS AUTOS X PROPERTY DAMAGE Per accident $ Uninsuredmotonstcombined $ 1,000,000 X UMBRELLA LIAS X OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 A EXCESS LIAB CLAIMS -MADE D=D PETENTION$ $ 1618- 00 -07 -73 -0001 8/1/2016 8/1/2017 WORKERS COMPENSATION PER 11TH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERIMEMBEREXCLUDED? ❑ N/A STATUTE ER E.L. EACH ACCIDENT $ E . DISEASE - EA EMPLOYE $ (Mandatory in NH) Ifs describe under DESCRIPTION OF OPERATIONS below E . DISEASE - POLICY LIMIT $ � I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is 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 HOLDER CANCFI I ATION ACORD 25 (2014/01) INS025 (201401 ) © 1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 AUTHORIZED REPRESENTATIVE B Hall, CISR /ACOMBE ACORD 25 (2014/01) INS025 (201401 ) © 1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 CPERATIONS 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 Professicnal Liability) With respects to work performed @ Job #t 7721 - All California landscape operations performed by or on behalf of the named insured, Information required to complete this Schedule, if rot 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 work" 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. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 C,] THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I ,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. 1. ADDITIONAL INSURED BY CONTRACT The Who Is An Insured provision under SECTION II — 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 "bodiiy injury"° or "property damage' b. To any person or organization inc #uded as an "insured" by endorsement or in the Declarations; or c. To any lessor of "autos" when their contract or 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 52,000 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 any 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 ". 5. 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. VCA 201 01 09 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 5 Copyright 2004, oneBeacw Insurance Group LLC E- INSURED 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 S. 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 19. 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 Loss Vehicles 11. Employees As Insureds 21. Towing — Any Covered Auto 1. ADDITIONAL INSURED BY CONTRACT The Who Is An Insured provision under SECTION II — 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 "bodiiy injury"° or "property damage' b. To any person or organization inc #uded as an "insured" by endorsement or in the Declarations; or c. To any lessor of "autos" when their contract or 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 52,000 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 any 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 ". 5. 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. VCA 201 01 09 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 5 Copyright 2004, oneBeacw Insurance Group LLC E- INSURED 6. BROAD FORM NAMED INSURED a. The Who Is An Insured provision under SECTION II — LIABILITY COVERAGE is amended to include the fol lowing: Any organization which is a legally incorporated entity in which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Form will be a Named Insured until the 180Th 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 6. 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 Ill — 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, oneBeacon 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, SUITOR 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 II — 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 201 01 09 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 5 Copyright 2004, OneSeacon 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" it-.11IIIIIIIII 11116-11 XrLI l4%]TI =I;f_&1 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 a long 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 II —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 52,250. 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 m 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 of Insurance services Office, Inc. VCA 201 01 09 Copyright 2004, OneBeacon 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. TOWING — 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 201 01 09 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 5 Copyright 2004, OneBeacon Insurance Group LLC AMENDMENT NO. 1 [ATTACHED] AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACTOR SERVICES EXCEL LANDSCAPE, INC. LANDSCAPE MAINTENANCE SERVICES Amendment No. 1 to Agreement for Contractor Services ( "Amendment No. 1 ",) is made and entered into as of February 28, 2017 by and between the City of Lake Elsinore, a municipal corporation ( "City), and Excel Landscape, Inc., a ( "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 $748,791. 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. Section 3, Compensation, of the Original Agreement is hereby amended as following: 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). In 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. [Signatures on next page] AMENDMENT NO. 1 - EXCEL LANDSCAPE February 28, 2017 City of Lake Elsinore IN WITNESS WHEREOF, the parties have caused this Amendment No- 1 to be executed on the respective dates set forth below. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant YA6�, City Manager 7) Date.- F P I.* ATTEST: i 1�*•.1t City Attorney Attachments: Original Agreement AMENDMENT NO. 1 - EXCEL LANDSCAPE February 28, 2017 City of Lake Elsinore "CONTRACTOR" EXCEL LANDSCAPE, a Contractor ?JAlfa—ro, O Date: IN WITNESS WHEREOF, the parties have caused this Amendment No. I to be executed on the respective dates set forth below, gcll_yh CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager Date: City Clerk Fall � Attachments: Original Agreement AMENDMENT NO. i -EXCEL LANDSCAPE February 28, 2017 City of Lake 0s nitre "CONTRACTOR" EXCEL LANDSCAPE, a Contractor EXHIBIT B EXCEL LANDSCAPE ADDITIONAL WORK LIST Fertilizer & Seed $32;000 Irrigation Repairs Parks and LLMD $52,500 Canyon Hills Park - Planting of 149 Trees $15,000 Turf Removal & Renovation of Planters Irrigation & Plants $85,000 Senior Center $17,000 Canyon Hills Irrigation Backwash Pit $1,300 Serenity Park Expansion Monthly Service $2,500 Rosetta Canyon Community Park Monthly Service - November 2017 to June 2017 $5,000 Planting of trees at La Laguna Boat Parking Lot $3,700 Corydon & Palomar Collision Repairs $2,500 Controller Replacement $5,000 Yarborough Irrigation Reconfiguration $3,000 County Courthouse Monthly Service - January 2016 to June 2017 $2,000 Rosetta Park Construction Repairs & Renovations $22,000 Canyon Hills Pressure Regulator $3,000 Rosetta Canyon Community Park mulch $6,000 Winterfest & 4th July $2,500 D6 trail repairs - Lincoln, Via de le Velle $5,000 Canyon Hills Football Field Renovations $11,000 Total $276,000 ORIGINAL AGREEMENT [ATTACHED] 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 Contraclor Services Agmt 2016 docx Page 1 C. 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. Compensation. 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. 5. 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 plans, 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 Property. 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. Contractor'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 Contractor's 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 normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice,, recommendation or counsel. (FPPC Reg. 18700(x)(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. Compliance 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 liability 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 Requirements. 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 (30) 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, 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liabilit Covers 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:VII 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. rii. 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 92879 -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, Amendments, 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_ Ex. enses 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 Actreemen #. 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. Egual Opportunity Employment. 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. Prevailing 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 partles have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Y es, City Manager ATTEST: Cltjj Clerk APPROVED AS TO FORM: Ctty Attorney Attachments: Exhibit A — Contractor's Proposal Exhlblt B — List of Subcontractors "CONTRACTOR" EXCEL LANDSCAPE, a Contractor �IL 1rfy%7e-, B . Jose Aliaro, Sr. Owner Page 10 EXHIBIT A CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT A EXCEI, LANDSCAPE PROPOSAL - - - -- EXHIBIT A t P t`ity Streets 1R' Location Acm Month Annual Grape St 1 $164.75 $1,977.00 Canyon Estates 4 $659.00 $7.908.00 Summerhill 5 $823.75 $9,885.00 Linier park 3 $494.25 $5,931.00 Railroad Can on media 4 $659.00 $7,908.00 Railroad Canyon fire 2 $329.50 $3.954.00 6th Street 2 $329.50 $3,954.00 Mission trail 1 $164.75 $1,977.00 Dowtown main street 2 $329.50 $3.954.00 Main street turf 1 $164.75 $1,977.00 Peck St parking lot 1 $164.75 $11977.00 Sulphur parking lot 1 $164.75 $1,977.00 Council Building 1 $164.75 $1,977.00 Comm. Buildin 1 $164.75 $1.977.00 Youth Buildinq 1 $164.75 $1.977.00 Lakeshore / Lakeshore 1 $164.75 $1.977.00 Machado /_ rand 1 $164.75 $1,977.00 Machado/lill 1 $164.75 $1.977.00 Machado/lake shore Presidents Track 2 5 $329.50 $823.75 $3,954.00 $9,885.00 Lincoln 14 $2,306.50 $27,678.00 Grand 13 $2141.75 $25.701.00 Lake St 1 $164.75 $1,977.00 Orange Grove Way 1 $164.75 $1.977.00 Princo 3 $494.25 $5.931.00 Grand/ Ontario 2 $329.50 $3,954.00 Corridon 2 $329.50 $3.954.00 Poe St. Parkin lot 1 $164.75 $1,977.00 Terra cotta 1 1 $164.75 $1,977.00 Splash 1 $164.75 $1,977.00 HWY 74 1 $164.75 $1,977.00 Mcvicker Fire 3 $494.25 $5,931.00 Malaga medians 2 $329.50 $3,954.00 Via de la Ville 2 $329.50 $3,954.00 collier medians 2 $329.50 $3,954.00 rahm weed abatement 2 $329.501 $3.954.00 Total cost 14,992.2511179,907-001 EXCEL LANDSCAPE PROPOSAL - - - -- EXHIBIT A I l= (itv Parks IR' Location Acre Month Annual Aiberhill 22 $6,006.00 $72.072.00 Canyon hills 20 $5460.00 $65.520.00 City ark 4 $1.092.00 $13104.00 Creekside 7 $1,911.00 $22-932.00 lakeooint 13 $3,549.00 $42.588.00 lincoln street 2 $546.00 $6,552.00 machado 5 $1.365.00 $16.380.00 mc:vicker 24 $6.552.00 $78.624.00 oak tree 2 $546.00 $6,552.00 rosetta canyon 8 $2,184.00 $26,208.00 serenity 3 $819.00 $9,828.00 summer hill 3 $819.00 $9.828.00 summer lake (reffa cdw M d,*) 16 $4,368.00 $52,416.00 Swick 7 $1.911.00 $22,932.00 Tuscany hills 7 $1,911. 00 $22,932.00 Yarborough 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 Citv yard Senior center — 1 1 $273.00 $273.00 $3 276.00 $39276.00 X7.00 IMP4M.00 seaport boat launch 8 $800.00 $9,600.00, Elm grove beach 15 $1,900.00 $22.800.00 whiskers fishigg 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 Laouna boat Launch 2 _ $300.00 $3.600.00 S3 800.00 5 800.00 Total cost I 1 1 $47,407.00 $568 884.00 AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACTOR SERVICES EXCEL LANDSCAPE, INC. LANDSCAPE MAINTENANCE SERVICES Amendment No. 1 to Agreement for Contractor Services ( "Amendment No. 1 ",) is made and entered into as of February 28, 2017 by and between the City of Lake Elsinore, a municipal corporation ( "City), and Excel Landscape, Inc., a ( "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 $748,791. 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. Section 3, Compensation, of the Original Agreement is hereby amended as following: 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). In 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. [Signatures on next page] AMENDMENT NO. 1 - EXCEL LANDSCAPE February 28, 2017 City of Lake Elsinore IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. "CITY„ CITY OF LAKE ELSINORE, a municipal corporation Grant Y City Manager Date: 41 //) ATTEST: __ APPROVED AS TO FORM- EA tyX4 ��� City Attorney Attachments: Original Agreement AMENDMENT NO. 1 - EXCEL LANDSCAPE February 28, 2017 City of Lake Elsinore "CONTRACTOR" EXCEL LANDSCAPE, a Contractor . " • Date: IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager Date: ATTEST: C'tv Clerk .- Mal UIV0040 � WE , / 3ii Attorney Attachments: Original Agreement AMENDMENT NO. 1 - EXCEL LANDSCAPE February 28, 2017 City of Lake Elsinore "CONTRACTOR" EXCEL LANDSCAPE, a Contractor Date: EXHIBIT B EXCEL LANDSCAPE ADDITIONAL WORK LIST Fertilizer & Seed $32,000 Irrigation Repairs Parks and LLMD $52,500 Canyon Hills Park - Planting of 149 Trees $15,000 Turf Removal & Renovation of Planters Irrigation & Plants $85,000 Senior Center $17,000 Canyon Hills Irrigation Backwash Pit $1,300 Serenity Park Expansion Monthly Service $2,500 Rosetta Canyon Community Park Monthly Service - November 2017 to June 2017 $5,000 Planting of trees at La Laguna Boat Parking Lot $3,700 Corydon & Palomar Collision Repairs $2,500 Controller Replacement $5,000 Yarborough Irrigation Reconfiguration $3,000 County Courthouse Monthly Service - January 2016 to June 2017 $2,000 Rosetta Park Construction Repairs & Renovations $22,000 Canyon Hills Pressure Regulator $3,000 Rosetta Canyon Community Park mulch $6,000 Winterfest & 4th July $2,500 D6 trail repairs - Lincoln, Via de le Velle $5,000 Canyon Hills Football Field Renovations $11,000 Total $276,000 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 C. 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. Compensation. 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. 5. 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 plans, 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 Property. 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. Contractor'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 Contractor's 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 normal 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. Compliance 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 liability 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 Requirements. 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 Covera e. 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 (30) 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 Covera e. 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. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. 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:VII 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 92879 -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. Amendments. 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. Controllinq 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 Agreement. 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 Opportunity Em to ment. 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. Prevailing 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 municipal corporation Grant Y es, City Manager ATTEST: IA �Uiiy Clerk APPROVED AS TO FORM: City Attorney "CONTRACTOR" EXCEL LANDSCAPE, a Contractor Jose Affaro, Owner 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..1ty gfraafc W Location Acre Month Annual- Grave St 1 $164.75 $1,977.00 Canyon Estates 4 $659.00 $7.908.00 Summerhill 5 $823.75 $9,885.00 Linier oark 3 $4_94.25 $5,931.00 Railroad Can on media 4 $659.00 $7,908.00 Railroad Canyon fire 2 $329.50 $3.954.00 6th Street 2 $329.50 $3,954.00 Mission trail 1 $164.75 $1,977.00 Dowtown main street 2 $329.50 $3.954.00 Main street turf 1 $164.75 $1,977.00 Peck St parking lot_ 1 $164.75 $1,977.00 Sulphur parking lot 1 $164.75 $1,977.00 Council Building 1 $164.75 $1.977.00 Comm. Building 1 $164.75 $1,977.00 Youth Building 1 $164.75 $1,977.00 Lakeshore / Lakeshore 1 _ $164.75 $1,977.00 Machado/grand 1 $164.75 $1,977.00 Machado/lilly 1 $164.75 $1,977.00 Machado /lake shore 2 $329.50 $3,954.00 Presidents Track 5 $823.75 $9,885.00 Lincoln 14 1 $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 Princo 3 $494.25 $5.931.00 Grand/ Ontario 2 $329.50 $3,954.00 Corridon 2 $329.50 _ $3,954.00 Poe St. Parkin 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 _ $494.25 $5,931.00 Malaga medians 2 $329.50 $3,954.00 Via de la Ville 2 $329.50 $3.954.00 collier medians 2 1 1 $329.50 $3,954.00 rahm weed abatement 1 2 1 1 $329.50 $3,954.00 Total cost $14,992.251$179,907-00 EXCEL LANDSCAPE PROPOSAL - - - -- EXHIBIT A M 'F rit r Parka 16' LocaWn Acre Month Annual Alberhill 22 $6,006.00 $72,072.00 Canyon hills 20 $5,460.00 $65.520.00 City ark 4 $1,092.00 $13104.00 Creekside 7 $1,911.00 $22,932.00 lakepoint 13 $300.00 $3,549.00 $42.588.00 lincoln street 2 $3,800.00 $546.00 $6,552.00 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 $2,184.00 $26.208.00 serenity 3 $819.00 $9,828.00 summer hill 3 $819.00 _ $9,828.00 summer lake (Terra cotta Middle) 16 $4,368.00 $52.416.00 Swick 7 _ $1,911.00 $22.932.00 Tuscany hills 7 $1,911.00 $22,932.00 Yarborough 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 and 1 $273.00 $3,276.00 Senior center 1 $273.00 1 $3,276.00 $43 607.00 523 284.00 seaport boat launch 8 $800.00 $9,600.00 Elm grove beach 15 $1,900.00 $22.800.00 whiskers fishing beach 2 $300.00 $3,600.00 Davis st fishin 1 $200.00 $2.400.00 Small cove (levee trash) 1 $300.00 $3.600.00 La Laguna boat Launch ` 2 $300.00 1 $3.600.00 $3,800.00 $45,600.00 Total cost ]L$47,407.001$568.884.001 _ EXHIBIT B LIST OF SUBCONTRACTORS [ATTACHED] N/A EXHIBIT B DATE 8 /2 /2016 v) 4CQRv CERTIFICATE OF LIABILITY INSURANCE 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 pollcy(les) must be 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 certificate holder In lleLt of such endorsement(s). CONTACT PRODUCER NAME: PRODUCER Hall, CISR Landscape Contractors (Lic #0755906) HON (559)650 -3555 IFAX (559)650 -3558 Insurance Services, Inc. E-MAIL ss,bhall @lcisinc.com 1835 N. Fine Avenue INSURER (S) AFFORDING COVERAGE NAIC 0 Fresno CA 93727 INSURERA Atlantic Specialty Insurance 27154 INSURED INSURER E3' Excel Landscape, Inc. INSURER C: 1191 Magnolia Ave., Ste D #400 IN to; INSURER E: Corona CA 92879 INSURER COVERAGES CERTIFICATE NUMBER:16 117 Pkg & Auto 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 POLICY'Nt)lABER MMYYY MMIOOt YYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, 000 CLAIMS -MADE X� OCCUR PREMISES IE g2g!L ce $ _ 100, 000 X Y 618- 00 -07 -73 -0001 8/1/2016 8/1/2017 MEDEXP (Any One Person) $ 5,000 X $1,000 Pd Dead PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICYE,PiERIT F PRODUCTS- COMP /OPAGG $ 2,000,000 OTHER: Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY JEO accident $ 1,000,000 A X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED X Y 618- 00 -07 -73 -0001 8/1/2016 8/1/2017 BODILY INJURY (Per accident) $ _ AUTOS AUTOS NON- OVMIED PROPERTY DAMA $ X HIRED AUTOS X AUTOS Pa o0ciden0 Unlnsursd Motorist combined $ 1,000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS -MADE AGGREGATE $ 2,000,000 OED RETENTION 618- 00 -07 -73 -0001 8/1/2016 8/1/2017 WORKERS COMPENSATION I STATUTE I I €RH AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE Y❑ NIA E L EACH ACCIDENT $ OFFICERIMEM EXCLUDED? (Mandatory In NH) E L DISEASE - EA EMPLOYE $ II sddescribe under C?ESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 4 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, AddlHonal Remarks Schedule, may be attached If more space Is 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 .,�., r'AAlt`Ci I ATlnrd V lytltl -LUl4 A% -URL! L.%Jmru MIA I I VIY. tillligntalutivivuu. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) 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 AUTHORIZED REPRESENTATIVE -J B Hall, CISR /ACOMBE V lytltl -LUl4 A% -URL! L.%Jmru MIA I I VIY. tillligntalutivivuu. 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 required 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 work" 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. CG 24 04 05 09 ® Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. aIVANTAGE 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.. 1. ADDITIONAL INSURED BY CONTRACT The Who Is An Insured provision under SECTION II — 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 any 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 ". 5. 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. VCA 20101 09 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 5 Copyright 2004, Onel3eacon Insurance Group LLC & INSURED 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 19. 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 Loss Vehicles 11. Employees As Insureds 21. Towing — Any Covered Auto 1. ADDITIONAL INSURED BY CONTRACT The Who Is An Insured provision under SECTION II — 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 any 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 ". 5. 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. VCA 20101 09 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 5 Copyright 2004, Onel3eacon Insurance Group LLC & INSURED S. 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 you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Form will 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 6. 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 20101 09 Copyright 2004, OneBeacon 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 II — 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 a long 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 II — 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 of Insurance Services Office, Inc. VCA 201 01 09 Copyright 2004, OneBeacon 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. 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 20101109 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 5 Copyright 2004, OneBeacon Insurance Group LLC EXCELAN -01 RHONDAC CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 4/1 /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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUSROGATION 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 endorsemeri s . PRODUCER License # 0252636 NAME Gallant Risk & Insurance Services, Inc. PHONE 951 368 -0700 FAX No): I851j 368 -0707 4160 Tomescal Canyon Rd., #402 � ICNo�tk(_- ) Corona, CA 92883 _Abl?RHaB: _ _ -- INSURED Excel Landscape, Inc. 710 Rimpau Ave., #108 Corona, CA 92881 INSURER A : INSURER B: INSURER C: _INSURER D: INSURER E: 1NSURHR(SIAFFORDING COVERAGE NAIC # curitY National Insurance Company 119879 INSURER F: COVERAGES 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. NSR TYPE OF INSURANCE ADbLSUeR.� POLICY EFF POLICY LIMITS POLICY NUMBER MM7D0 Ay MMIDDI LTR INSD WVID COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE I OCCUR i DAMAGE TO R NTFb PREM155(E ®occurrence $ $ MED EXP (Any one persan) $ PERSONAL & ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: $ PRODUCTS - COMP/OP AGG $ POLICY PRO LOC JECT El OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT {Ea aocldent]_ _ $ ANY AUTO BODILY INJURY (Per person) $ BODILY INJURY (Per accident) ALL OWNED I SCHEDULED $ AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS Pii�iPEFTY aAGAGE tPer aoctdent) $ $ FR UMBRELLA OCCUR EACH OCCURRENCE $ AGGREGATE EXCESS LIAR ni AIMS,FAAnF $ I DED LaRETENTION $�— ` `. $ WORKERS COMPENSATION X PER OTW AND EMPLOYERS' LIABILITY STATUTE . ER A ANY PROPRIET©RIPARTNERIExECUTIVE YIN SWC1106646 04/01/2016 04/0112017 E. I. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? NIA (Mandatary In NH) E.L DISEASE - EA EMPLOY $ IT yyS describe Under DECRIPTIONOF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Job #7721 RE: All California Landscape Operations of the Named Insured. TE HOLDER City of Lake Elsinore Attn: City Manager 130 S. Main Street 92330 ACORD 25 (2014/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C 1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD