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HomeMy WebLinkAboutExcel Landscape CSA Annual Citywide Landscape Maintenance Services 10-27-2020 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 AGREEMENT FOR CONTRACTOR SERVICES Excel Landscape, Inc. Annual Citywide Landscape Maintenance Services This Agreement for Professional Services (the "Agreement") is made and entered into as of October 27, 2020, by and between the City of Lake Elsinore, a municipal corporation ("City") and Excel Landscape, Inc., a Corporation ("Contractor"). RECITALS A. The City has determined that it requires the following professional services: Landscape Services for Citywide facilities and Streetscapes B. Contractor has submitted to City a proposal, dated August 25, 2020, attached hereto as Exhibit A ("Contractor's Proposal") and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services as provided herein and Contractor desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services described in Contractor's Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner specified in Contractor's Proposal, 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 professional services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Contractor's Proposal (Exhibit A). b. Performance Schedule. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services 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. C. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force Excel Landscape, Inc-Exhibit A Agreement Pagel DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 and effect for a period commencing on November 1, 2020 and ending June 30, 2023. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 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. Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City. 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 annual compensation exceed Two Hundred Thirteen Thousand Three Hundred Dollars ($213,300) 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 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. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor's personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor's prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same. Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker. 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. Page 2 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 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. Plans, Studies, Documents. a. 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 shall have sole determination of the public's rights to documents under the Public Records Act, and any third- party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. 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. C. 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. Page 3 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 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 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. a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Contractor as provided in the Agreement, 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. 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 Page 4 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 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. 11. Interests of Contractor. Contractor (including principals, associates and professional 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).) 12. Professional Ability of Contractor. City has relied upon the professional 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 professional and technical 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 professionals in Contractor's field of expertise. 13. Compliance with Laws. a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members. b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license. 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. Page 5 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 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 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 Page 6 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 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. iv. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor's services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub Contractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. 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. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. 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. 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. Page 7 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 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. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional 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 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. 19. 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. Page 8 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 20. 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. 21. 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. 22. 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 with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 23. Equal 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. 24. 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. 25. 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. Page 9 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 26. 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. 27. 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. 28. Counterparts. 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. 29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor's Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor's Proposal. 30. 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. [Signatures on next page] Page 10 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" "CONTRACTOR" CITY OF LAKE ELSINORE, a municipal Excel Landscape, Inc., a Corporation corporation DocuSigned by: DocuSigned by: I a f� 8�E'5�DDOC7797` '511470... -AEE073A9E2434AF.... Grant Yates, City Manager By: lose Alfaro, Sr. Its: Owner ATTEST: DocuSigned by: 2041B14974SC400... City Clerk APPROVED AS TO FORM: GocuSigned by: -'V � 12�A1116D9006AF48C City Attorney DocuSigned by: L& (u� 878FB35A1E114-5... Risk Manager Attachments: Exhibit A— Contractor's Proposal Exhibit B — List of Subcontractors Page 11 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 EXHIBIT A CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT A DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 REQUEST FOR PROPOSAL RiW ides,_,. f�.ro a2C ��� .- vZt'0 i 7 . .1w 3 r OR r- r 4 999 " � N'� 4�`� 3�x f� * � � d �i^'2 f.. .dW ''...f�Tl"!�• ry�•" Al yl. �• A �}y.'fy� . ti •'. k Y�.� '.�T f Ak 4 + _WWLrasp. f Af 2020 CITYWIDE LANDSCAPE MAINTENANCE SERVICES Prepared • LANDSCAPE DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 PAGES LEFT BLANK FOR Z SIDED COPING 2 DocuSign Envelope 1 • •4 INDEX t 1 COVER LETTER im 2 EXPERIENCE � TECHNICAL ABILITY 3 STAFFING � KEY PERSONNEL 4 PROPOSED METHODOLOGY 5 SCHEDULE OF CHARGES POTENTIAL COST SAVINGS 6 BANK � BONDING LETTERS DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ELLANDSCAPE 710 RimP au Ave. Suite 108-Corona, CA 92879-5724 (951)735-9650 Fax(951)735-0469- Lic#694553 August 25, 2020 City of Lake Elsinore 130 South Main St. Lake Elsinore, CA 92530 Re: Request for Proposal; Citywide Landscape Maintenance Services. Dear Evaluation Committee, Thank you for allowing Excel Landscape the opportunity to bid on your Citywide Landscaping Maintenance Services contract. Excel Landscape has a long history of service and quality in Southern California, specializing in municipal and commercial landscape maintenance for over 40 years. Our goal as a company has always been to establish long lasting partnerships with all of our clients. As the current maintenance contractor for the city, we feel that we are in an excellent position to continue providing the level of service that the city has come to expect on its parks and streetscapes. Excel Landscape has worked with the City of Lake Elsinore for the past 25 years. Working through difficult times over the years has given Excel Landscape the unique experience and ability to remain flexible and adapt to new challenges. Excel Landscape understands that during these difficult times unexpected issues will arise that can affect City budgets. For this reason, we have reduced the overall cost to the city by over 8%, when taking into account the inclusion of fertilizer and other materials not part of the current contract. We have also included potential cost savings identified after the Fee Proposal pages. Since we currently service the City of Lake Elsinore, we have the re- sources required to continue performing this contract without disruption of service. In the following pages we have provided all the information that you have requested. Should you have any questions or wish to discuss any of the options in this proposal, do not hesitate to contact us. We hope that Excel Landscape and the City of Lake Elsinore will be able to continue working together as partners to service the community. Respectfully, Joe Alfaro, President 5 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 EXPERIENCE � TECNNICAL ABILITY QUALIFlCAiIONS COMPANY EQUIPMENT EXPERIENCE CURRENT OPFRAiIONS SERVICES REFERENCES CURRENT PROJECTS DocuSign Envelope 1 • •4 QUALIFICATIONS 0 Licensed �_27 Contractor 694553 DIR Registration 1000007099 Licensed Pest Control Advisor Licensed Pest Control Operator Licensed Pest Control Applicator CLIA Certified Water Auditor CLCA "Expert" Certified Water Manager Certified Recycled Water Supervisor Certified Arborist #496 Insured With Best Rated "A" First National Insurance Company of America OSHApi Compliant State & Federal Labor Law Compliant DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 EQUIPMENT COMPANY F Landscape owns a variety of equipment to insure crews have y need to perform their duties efficiently. An internal fleet department ith (5) mechanics ensure the equipment is serviced and kept in a safe rable condition at all times. Spare equipment is on hand to assure ve replacements available when breakdowns occur. Our tow truck is ed to transport equipment as needed. Some of this equipment is listed Managers/Supervisors MEMEM.- Irrigation Technicians Crew Trucks Be Crew Trailers 6, Riding • • Walk Behind Mowers Joe Blowers, Hedge Trimmers, Edgers & Weed Eaters 700+ Flat :-• Tow Truck & Dump Trucks Tractors & Skid Steers • • •- • Attachments • Aerators • Power Rakes • TR3 Power Rake • Aeravator . Roto-tilers . Turf Vacs • Augers • Spreaders • Verismo Flail mower • Bush Hogs • Sprayers • Tractor mounted • Forklifts . Top Dressers hedge trimmer 9 EXPERIENCE Has been providing quality landscape services in Southern California for over 39 years, specializing in large scale municipal I I I I ' + maintenance. We currently maintain a ExcelLandscape designs, Installs and variety of parkways, maintains . . .- variety of landscape medians, slopes, open projects. space, parks with ball fields, soccer fields and synthetic turf fields for (13) Mx,ti.y local agencies. This includes many acres of - 'a water wise and drought tolerant plant material. Excel has removed many acres of turf and converted it to water wise planting for several local municipalities through the PAL program Excel has completed a renovation of a 15 acre sports park with (2) soft ball fields, a 1 walking track, passive turf areas and the conversion of (5) acres of turf to drought tolerant plant material, that we re-designed for the City of Murrieta. Excel Landscape designed and installed Currently we maintain over 100 acres of Demonstration Gardens for (2) drought tolerant landscape for the City of local water agencies. Indio. Recently we completed a contract with the Eastern Municipal Water District where we k, won vendor of the year for our maintenance of their 25 acre headquarters with a 2 acre water wise demonstration garden. CURRENT OPERATIONS Large Scale Mowing Irrigation Service Trucks Ball Field Prep " f SERVICES • Design & Installation 0 Equestrian Park Maintenance • Maintenance 0 Water Wise Landscape Management • Irrigation Management & Conversions • Fertilization & Chemical Application ti ► • Pest & Disease Control ,, fi� r' ��o •'�"1+ • Sports Turf Management - • Synthetic Turf Maintenance • Ball Field Maintenance • Blue Line Stream Maintenance New Fuel Efficient Manger & Supervisor Trucks Synthetic Turf Care Blue Line Stream Low Water Use Irrigation ,a. 1 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 REFERENCES CITY LAKE ELSINORE All CITY OF CLAREMONT Mr. Chris Erickson 1001-Present Richard Hecker 2011-Present 951 .674.5170 909.399.5431 cerickson@lake-elsinore.org rhecker@ci.claremont.cams CITY OF MURRIETA AAA COUNTY OF RIVERSIDE AIA Mr. George Moring 1004-Present Mr. Mike Franklin 2001-Present 951 .461 .6124 951 .955.6652 GMoring@murrietaca.gov MFrganklin@RlVco.org JA CITY OF CHINO HILLS A CITY OF ENCINITAS AAA Sean _ 1080-Present Annette Saul 1000-Present 909.3642802 760.633.2755 Soconnor@chinohills.org asaul@encinitasca.gov CITY OF YUCAIPA AAA CITY OF INDIO AA Mr. Steve Frenken 2013-Present Mr. Mike Edgar 2008-Present 909.797.2489 760.391 .4199 Sfrenken@yucaipa.org Medgar@1ndlo.org RandyCITY OF PALM DESERT EAST VALLEY MUNICIPAL WATER - 2012-Present Mr. Dale Barlow 2012-Present 760.346.0611 909.888.8986 rchavez@cityofpalmdesert.org DBarlow@eastvalley.org CITY OF TEMECULA--,A,' Mr. Stacy Fox 1083-Present 951 .694.6480 Stacy.fox@temeculaca.gov 13 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 CURRENT PROJECTS 106 � :� 89� Public Agencies Projects similar to the City of Lake Elsinore CITY OF MURRIETA Mr. George Moring 46 parks One •wn Square 4 sports parks Murrieta CA951.461 .6124 Equestrian Center All City Facilities 15 • Totaling over 700 acres DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 I'MrITT, REMONT Mr. Richard Hecker • 19 Parks Down Town Village 1616 Monte Vista 5 Ball Fields City Hall Claremont 9 Soccer Fields Cemetery 909.309.5431 2 Community Centers Totaling Over 200 Acres w7m,T Mr. Stacy Fox City Hall 7 Soccer Fields 41000 Main St. (13) Facilities 4 Synthetic Fields Temecula CA36 Neighborhood Slopes, Medians & 951 .694.6480 Parks Parkways • 15 Sports Parks Totaling Over 400 16 23 Ball Fields Acres DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 Mr. Sean O'Conner '� ��P. wat • (27) Neighborhood Parks �' � - * ` a • (2) Dog Parks 400 City CenterChino Hills CA �- - • Slopes, Medians & Park- ' -� 909.364.2802 • Totaling Over 200 Acres - r__ »�_ -, � � � CITY OF INDIO Mr. Mike Edgar 15 Parks • 4 Sports Complexes :d �� .�; , 00 Civic Center • • 6 Ball Fields � Indio CA 760.391 .4199 • 10 Soccer Fields 17 • Parkways & Medians Totaling Over 100 •� Acres DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 STAFFING PERSONNEL Available as "•'• GENERAL I MANAGER Jose Allfaro 45 Years Experience 909.208.9901 • Certified Water Manager • Licensed PCA • Licensed QAL • Water Auditor DESIGNER /QUALITY CONTOL ' 39 Years Experience 909.208.8101 • Water Au- ditor • Water Manager • Licensed QAC • Recycled Water Supervisor • Landscape Designer LANDSCAPE ICI 32 Years Experience Jesus Allferez +(2) Laborer • Landscape installation/renovation/conversion • Irrigation conversions/retro fit • Sports field renovations CONSTRUCTION CREW Miguel Ramos 19 Years Experience +(1) Laborer • Hardscape installation/renovations • Irrigation up-grades 19 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 STAFFING FOR CONTRACT Total of (14.5) full time staff, aprox. 2528 man hours per month Fresources Landscape understands this is a ance based contract. We will add when and where necessary to with the contract requirements. ACCOUNT MANAGER A 10 hours per week Jason14 Years Experience • Has managed several local municipalities for over 12 years • Certified Water Auditor • Water Manager • Licensed QAL • Reclaimed water certified SUPERVISOR 40 hours per week Arturo . . 26 Years Experience ff rill, l mlim 40 hours per week Jose Garcia 14 Years Experience 8 Years in lake Elsinore MOW CREW40 hrs per week - (2) DETAIL CREWS -0 hrs per week - TRASH CREW40 hrs per week (1 ) man BALL FIELD PREP 1 Day per week (1 ) man 20 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 PROPOSED METHODO6Y PROJECT OVERVIEW MANA6EMENi PLAN EQUIPMENT FOR TNIS CONTRACT VALUE ADDED OFFERINGS QUALITY CONTROL PLAN EMERGENCY RESPONSE Will FT I'd PLAN INiECRATm PEST MANAGEMENT COST SAYINGS DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 PROJECT OVERVIEW Excel Landscape has maintained the landscaping for the City of Lake Elsinore at the highest level for over 20 years. Our extensive knowledge and understanding of the current landscape and budget constraints has given us the experience necessary to continue maintaining the park & parkway landscaping for the City. Labor, equipment and material resources are scheduled and re-directed as necessary to achieve the highest level of service. Proper water management is an important aspects of this project. Excel Land- scape plans to continue saving the city water by: • Providing a knowledgeable irrigation technician. They are experienced in water management and water conservation. • The risk of poor water management can be very costly to the City and will quickly eliminate any savings obtained in a lower maintenance bid. MANAGEMENT PLAN Jason Alfaro, will be the Project Manager. He will coordinate with City Staff, and is in charge of all aspects of the contract. He oversees the supervisor, irrigation tech and crew. Arturo Serrato will be the supervisor, he is responsible for all staff, irrigation techni- cian, mow crew and detail crews along with all maintenance scheduling. He will oversee the water management and the irrigation reporting. The crews will be responsible for all landscape, irrigation and maintenance requirements. This would include pesticide application, weeding, pest control and fertilization. They will immediately respond to any City requests. A major advantage Excel Landscape has, is we are already working for the city so no time is necessary to gear up and prepare for this contract. Please see the following staffing & equipment we will use on this contract. 22 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 EQUIPMENT P FOR LANDSCAPE II I MAINTENANCE • Detail r,• Irrigation MOW CREW 3 Menj' • 3/4 ton pickup • utility trailer • (3) 72" Ridding mower _ • 36" walk behind mower • Small equipment • Misc hand tools • Traffic control devices IRRIGATION TECH man • Misc hand tools PARK TRASH TRUCK man 7 0 Traffic control devices 1/2 ton pick up truck, to cycle through all parks for Progressive tracking daily litter & trash pick up. equipment Empty, Clean & replace liners on trash receptacles. Irrigation remote control • Rake & level play ground surfaces. • Bi-weekly pressure wash & cleaning. DUMP TRUCK 1 ton dump truck, to pick up green-waste and litter generated from maintenance operations and renovation. r ".• A' Half time man to assist the Maintenance Crew. 23 DocuSign Envelope 1 • •4 EQUIPMENT FOR PARKS � PARKWAYS Riding Mower . .- . . - mountedTractor trimmer Rotary Mowers Tractor Mounted Trimmer q7 Ball field prep once per week included in proposal soar {, Ball Field Prep TURF RENOVATION EQUIPMENT [Extra work Top Dresser Vrisimo Flail Aeravator Turf Vac •- TURF TIGFIi .. Ili Au a�ditio i SPORTS FIELD RENOVATIONS, available as extra work Sports Field Turf F s c F. _. Infield Renovations—Available as extra work Annual process: • Sod cut infield turf to re-establish clean edge • Re-grade build up of brick dust at outfield edge • Use the TR3 & Harley Power Rake to break through hard pan • Eliminate hard and soft spots to achieve a consistent and even depth.The machine auto levels and leaves a consistent smooth surface.This will eliminate the need for costly new brick dust, saving City money for other projects. Ball Field Renovation 4, 3 • • MOM I BM K61 MONKRIM EA I• VALUE-ADDED OFFERINGS Excel Landscape has partnered with several municipal clients to accomplish a variety of mutually beneficial projects. With the Cities of Temecula and Murrieta we have redirected labor resources in the slower months of the year to remove turf and older landscapes and replace them with drought tolerant plantings. With the City of Claremont we have traded turf renovation for several needed City projects. This includes turf re- moval, drought tolerant plantings and irrigation upgrades. Excel Landscape, as part of this proposal is willing to assist the city in obtaining a turf rebate to remove turf at Summer Hill Park. This will prevent severe run off and reduce water costs. The turf will be replaced with drought tolerant plantings and mulch. Plants would be Little john's, society garlic, Rosemary, dwarf Texas ranger and white and red Roses. esn. w'I _ CapYOry Estates D, O 0 o `Pa ��� .f, .,•}1'1 - a '^" ' ,4 _ ". ^~'! 47�,``x65ar �L. -� a � 9�' y� Y�,E��. r Iceber Rose Littlejohn g Dwarf Texas Ranger DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 EXAMPLES OF VALUE- OFFERINGS with other FhasCbeen l Landscape • • • of providing quality landscape projects we have partnered with City to help budget ements for the City of Temeculacons reducing • _ ny years. and maintenance R: 1 ' I I ,r • Goals of work performed: Estimated 50% Reduction in water use to help offset increasing water costs BEFORE 1 • Work made possible: Excel applied for and received a grant from So-Cal Water Smart in the amount of $97,000.00 • Removal of non-usable turf - • Conversion of overhead irrigation to drip • Installation of drought tolerant plant material AFTER • This was accomplished with no cost to the city IRRIGATION UPGRADES @ VERANDA • Goals of work performed: Upgrade timers and enclosures • Work made possible: Excel applied for and received a grant from so-cal water smart in the amount of $97,000.00 y • Removed (5) old outdated timers and enclosures • Updated to Calsense and Hunter smart controllers FTER 27 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 MAGEE PARK MOM • Goals of work performed Estimated 20% Reduction in water use to help offset increasing water costs a BEFORE 1 • Work made possible: Excel Landscape applied for and received a grant from SoCal Water smart in the amount of kr $28,000.00 i • Work Completed: • Removal of passive turf AFTER • Conversion of overhead irrigation to drip • Installation of drought tolerant plant material i • Updated timer to Hunter I-Core smart controller • This was accomplished with no cost to the city AFTER TEMEKU HILLS/VILLAGES TURF I I • Goals of work performed : 70!0I Estimated 50% Reduction in water use to help offset increasing water costs • Work made possible: Excel applied for and received a grant from SoCal Water Smart and Rancho Water District BEFORE 1 • Work Completed: F = • Removal of non-usable turf • Conversion of overhead irrigation to drip • Installation of drought tolerant plant material • This was accomplished with no cost to the city r AFTER IG SoCal Water$mart L 28 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 F l Landscape • • • •en providing quality landscape projects we have partnered with City to - . ..- ements for the City of Claremontcons • • _eral years. maintenance City of ClaremontI Projects • Reason for work performed City could not provide adequate water for over-seeding, due to the drought situation. - • Work made possible: Excel was willing to trade the cost of passive park renovation and cost of seed. • Work Completed: , - • Removal of passive & non-usable turf • Conversion of overhead irrigation to drip • Installation of drought tolerant plant material _ • Installations of new Weather based smart I controllers + • This was accomplished with no cost to the city 3 S 29 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 QUALITY CPLAN Quality People Produce FH�ires l Landscape l� • Results rains the right people. COMMUNICATION J A • Office staff is available Monday - Friday, 7:00 a.m. to 4:30 p.m. • The same phone number is used during business and after hours to ensure clients are able to receive assistance 24 hours a day. • Client needs are communicated through the chain of command to ensure quick and efficient responses. • All crews carry cell phone communication for rapid response to requests. • Is an experienced QAL, Irrigation Auditor and Irrigation Manager. • Attends outside training sessions to ensure licenses and certifications are current. • Are rigorously screened to find the best match for each of our job positions. • Are trained according to appropriate skill and job level. This ensures that each member of the team can safely and competently complete their assigned tasks. • Bi-Weekly "tailgate" meetings are provided by "in-house experts" in the areas of Chemical application, irrigation auditing, and irrigation management. • Topics are scheduled a year in advance and cover areas such as OSHA safety standards, industry techniques, irrigation practices and new technology. Topics are adjusted as needs or regulations change. 30 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 NEW PROJECT MANAGEMENT • Project areas are photographed to document a starting point. Recognize areas of need, record improvement as the project progresses, and provide visual aid for improvement plans and alternatives. • Staff is trained on issues related to each specific project and the clients expectations are conveyed to crews. • Each staff member responsible for the project is cross trained in all tasks so ill calls and vacations are covered. This ensures consistency of quality throughout the project. CURRENT PROJECT MANAGEMENT • The owner of Excel Landscape is involved in the day-to-day operations. • Each project is managed by a project manager and a supervisor. • Project sites are routinely inspected and a punch list is generated. • The punch list is discussed with the appropriate staff, along with a location map and completion date expectation. • The project manager and supervisor are responsible for ensuring the punch list is completed, quality is consistent, and work is done according to company and City required standards. • All projects are reviewed by our water auditor to review utility use. This information is used to develop a water budget for all metered areas to ensure efficient use. Staff then read the meters and track the water use on a monthly basis. An improvement plan is developed and discussed with the client for any area that does not meet the calculated budget expectation. • Excel employs their own mechanics to ensure vehicles and equipment are serviced, maintained, and function appropriately. 31 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 • Office staff is available Monday through Friday from 7:00 a.m. to 4:30 p.m. • The same phone is answered 24 hours a day to handle emergency situations. • Office staff maintains cellular contact with all personnel to provide quick and efficient communication. • We maintain a service yard very close to the City to expedite response time. • We have a Project Manager, (2) Supervisors, (4) Irrigation Technicians and (9) other crews, all with separate vehicles that are in close proximity to the city that could respond immediately to any emergency or natural disaster during business hours. • After hours (3) individuals are on call to address any emergency 24 hours a day 7 days per week. • Excel Landscape considers safety the number one issue. • We have bi-weekly tailgate meetings in which safety is the focus. All employees are trained in-house by our own "experts in their field". This includes PCA, QAL, QAC, Irrigation Auditors and Irrigation Managers. • These meetings are scheduled and topics such as OSHA safety standards, Industry techniques, irrigation practices and new technology are discussed. • Items are decided by our management team at one of their training meetings. Topics are chosen and scheduled for a year at a time, but may be adjusted as needs or regulations arise. • All managers are required to attend outside training sessions to keep all licenses and certificates current. • Each employee is trained with the information appropriate to their skill level. Employees are trained on each piece of equipment as to appropriate use, safety precautions and maintenance. • We employ our own mechanics to assure proper maintenance intervals on all equipment from weed eaters to tractors to trucks and trailers. This level of detail is crucial to insure all equipment is running at peak level. • Each truck has a yellow beacon on the roof that is in operation each time the truck is stopped. • They also have signs and cones for use in high traffic areas. The cones are used each time the truck is parked. The signs are used while working in the median at the start of the median and cones placed along the curb at 60' intervals throughout the work area. Each service yard has a sign board for use when a lane closure is needed. 32 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 INTEGRATED PEST MANAGEMENT Excel Landscape uses integrated pest management (IPM). An ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines and treatments are made with the goal of removing only the target organism. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and non target organisms, and the environment. INSPECT The site thoroughly 2 IDENTIFY If pests exist or conditions are right for the existence of pest • • A custom plan to treat your problem or prevent future problems TREAT Using a variety of methods to safely prevent the return of future problems MONITOR The site to ensure that your pest problems do not return ' of now non-chemicalrodent I I devices 33 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 COST SAVINGS F l Landscape has developed many ways to cut costs in challenging economic times. We pass those savings on to our rs allowing us to retain long term relationships. RegulatorsUse of Growth • Slows the rate of plant growth • Saves labor by allowing less trim cycles • Reduces amount of green waste generated Use of Pre-Emergent . - • Targets specific grasses and weeds • Saves labor on manual weeding • Reduces amount of green waste generated Slow Release - - rs • Releases over a 2 to 3 month period • Steady supply of food eliminates uneven growth patterns • Helps plant health for longer plant life • Eliminates excess run off and material leaching beyond the root zone • Reduces amount of green waste Close Proximity • Less travel time saves fuel and cuts unproductive man hours • Allows for more time on the job site • Where possible permanent on-site crews saves on travel and equipment hauling Water . . - - • See the section on water management and how it saves valuable resources, money and promotes healthy landscapes 34 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 WATER MANAGEMENT TROUBLETRAINED IRRIGATION TECUNICIANS TESTING & REPAIR SCHEDULING 9 ADJUSTMENTS I REPORTING Excel Landscape understands the value of water management. With the rising cost, escalating restrictions and regulations, the proper use of water has become a major part of a good landscape management program. This is vital not only for proper plant health but also to control costs. It is not uncommon for water costs to be as high as the maintenance cost. Many times a proposal that is lower in initial cost does not provide a good system to manage and track water use. So in the long run when the total cost of ownership is calculated the actual cost is much higher and not known until it is too late. Excel Landscape has developed the following plan to ensure your costs are kept under control, and water is managed properly. 35 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 TRAINED IRRIGATION TECHNICIANS IRRIGATION TECH I AA A • An individual that shows the ability to repair all types of irrigation. • Has assisted an Irrigation Tech 2 for a minimum of six months. IRRIGATION TECH 2 AA A • Must complete the Irrigation Tech 1 requirements. • Have two years experience as an irrigation tech 1 . • Proficient in all types of sprinkler head adjustment, main line & valve repair, wire tracking & troubleshooting, controller programming & scheduling. IRRIGATION TECH 3 AAA • Must have a minimum of 2 years experience and complete the Irrigation Tech 2 requirements. • Proficient in site inspection & system tune up, performance testing & water use analysis, basic pump application and water management. • Must posses a Water Auditor certificate. BASIC STEPS USED TO MANAGE 9 MONITOR PROPER WATER USE • Routine operational testing to insure proper watering by trained and well equipped Irrigation Technicians. • Scheduling and frequent adjustments to irrigation controllers based on current weather data. • Water budgets based on plant type and site conditions. On going monitoring and reporting of actual water use to insure compliance with water budgets. 36 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 TESTING & REPAIR • Trained Technicians perform routine inspections of irrigation systems to insure proper operation. • All Technicians have Cell phones for immediate communication with supervisors and office staff to respond to emergencies and special requests. • All irrigation trucks are fully stocked with commonly used components saving costly trips to the supply house. Calsense & Rain Master Remotes Irrigation Service Truck Y now TROUBLE • Each Supervisor has state of the art electronic trouble shooting equipment for any problem that might arise. Pulser Cable Fault Locater i l 37 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 SCHEDULING C ADJUSTMENTS • Projects are inspected, clocks identified by zone and this Information is stored on a Clock Schedule. This allows water managers to develop and monitor irri- gation programs based on actual field conditions. • Weather data is obtained from CIMIS, and used to calculate station runtimes. This information is then programmed into the controllers and adjusted as necessary. • On manual systems, adjustments are made based on current weather data. • On Central systems, Excel staff will coordinate with City staff to insure proper watering is based on current ET data. CAter budget has been established based on historical ET. It also uses a crop coefficient and distribution uniformity. This information is entered into a Water Budget tracking system for monthly reporting. (see attached Budget) • Water use is recorded in the same system and used to compare to budgets. • With the new immediate response meters we are prepared to make schedule changes as requested by city staff. • Reports are then shared with managers, .. supervisors and the appropriate field y staff. • Immediate attention is given to each situation to determine cause, and then the appropriate action is taken. • Accounts with high water use/cost are monitored closely and information shared with the city, via a site specific report. (See attached) • Irrigation Techs have smart technology with custom designed forms for gath- ering required reporting information. This information is easily shared with City staff to assure proper monitoring and communication among all parties. 38 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 SCUEDULE OF CNARGES iP i .r 39 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 L-NDF�C,_kPF FROPCISAT -LAIiE FT %D;CiRE .�TRFFJ _-, F 'EiIBIT Location Acre Month Annual Grape Street: 1; $200.00 $2400.00 'Canyon Estates 4 3 SUMMEINII 5 4 Linear Park 3 5 Railroad Canyon Median 4 8 6 Ih street 2 $400.00 $4800.00 7 Mission Trail 1 $200.00 $2400.00 8 Downtown Fain Stm-et(7 days a week) 1 $700.00 $8400.00 9 Main Strut Planters 200.00 $2400.00 10 Peck Street Pal*ing bot 11 °S urphur P ark inag Lot 1 1^_ LakesltarerLakeshore 1 13 MachadorGrard 1 14 `,4achado�Lilly 1 $200.00 $2400.00 15 Mm7ado,rLakeshorelLineoln 2 500.00 $6000.00 16 President Track 5 1 j Lincoln 14 $2100.00 $25.200.00 18 Grand 13 $2100.00 $25,200.00 19 Labe Street 1 $200.00 $2400.00 20 Oramje Grow Way 1 $200.00 $2400.00 21 Princo 3 $300.00 $3600.00 22 GrarlllOntario 2 tqr 23 Corydon 2 $350.00 $4200.00 24 Poe Street Parking Lot 1 $200.00 $2400.00 25 Tee Cotta 1 $200.00 $2400.00 26 Splashy 1 $300.00 $3600.00 27 Hwy 74 1 $200.00 $2400.00 28 Malaga Melons 2 29 Via de la Villa 2 $300.00 $3600.00 30 Collier Melons 2 31 Graharn Weed Abatement 2 $150.00 $1800.00 32 a4rdenwood W $400.00 $4800.00 33 Cultural Center Parking Lot 2 $200.00 $2400.00 34 McKenna Court 1 $200.00 $2400.00 35 Lakesfiffe Dries 3 $700.00 $8400.00 36 Lanterhill Walkway 1 3 Lincoln St and Machado Street 1 $400.00 $4800.00 3s Community Center 1 39 Chamber or Commerce 1 40 Plait Yo rtha Building 1 $300.00 $3600.00 41 Railroad Canyon Fre Station 2 $350.00 $4200.00 42 McYcker Fire Station 3 1 $350.00 $4200.0 'p#al $17,775.00 213,300.00 34 Authorized S; naLre DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 EXHIBIT "B" Pricing Sheet for LANDSCAPE MAINTENANCE SERVICE AREA New Lanckcape Maintenance Service Areas Price per Square Foot Maintenance Service Area Monthly Annually Sports Pork Service Area $0.025 i $0.3 sq.fE. Neighborhood Park Service Area $0.0175 $0.21 sq ft. Mope Service Area $0.015 r $0.18 s, ft. Median Service Area $0.025 $0.3 sq_fC. Community Facility Service Area $0.0175 1 $0.21 sq_fE. Tail Service Area $0.015 $0.18 sq_ft. <-�4 ` ** Authorized Si nature 43 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 EXHIBIT "B" Cr11Y OF LAKE ELSrk CORE LANDSCAPE MAINTENANCE EXTRA WORD PRICE SKEET I. Turf Maintenance (All Turf Areas Unrt Cost 1. Mowing (including Fagging of Clippings) U C�r E sq. ft- 2- Edging .Dc 1 Ines r ft- 3. String Trimming 1.Do linear f- 4. Ai�rtif tation ( oWY) 100-00 -W Arp 5. Aerification (Deep TineO') $QUOTE sq flL - 6. Wed Removal (Manual) $QUOTE per man hr. 7_ Pest Control (Manual) $65.00 per man hr- 0- Fertilization (Placement Only) $QUOTE sq.fL g- Materials (Fertilizer, Sail Amends) $cam+1!5% 10_ Over seeding of Sports turf(Soccer Field, FoothalI Field) $0.113 sq_fL (min. 40,000 sq_ ft.) 11. der seeding of Sports turf(Baseball Field) $c.m sq.ft. (min. 5,000 sq.ft.) 12. Over seeding of General use turf areas $a.r4 sq.ft. (midi. 1,000 sq.ft.) 13_} rtifiCiiaf Turf areas $ QUOTE scl_ft_ (miry. 1,000 sq-ft) 14. Gypsum with Sulfur soil buster or equal $ sq.ft (min. 20lbs/1000sq.ft.) 11, General Landscape Maintenance (Plamers and Slope Areas) 1_ Edgirwg(Ground vier) $40.00 .merman hr- 2- Trimming (Shrubs, GroundCover) $,40.03 •-4t7---perman hr.. 3_ PruninglShrubs,Vines, Roses $40.00 �--{�—merman hr. 4, PruninglTrees (To 18 ) $QUOTE e ach 5_ Weed Removal (Manua 1) $40.00 per man hr. 0- Pest nk. of (Manual) $65.00 per man hF. 7. Fertilization (Placement Only) $40.00 -aq —D r man hr 0- Vegetation Removal 5euoTE sq.ft. g- Materials (Fertilizer, Soil Amends) $cmt+15% Ill. Plant Material (Installed. All ,areas) 1, Annual Color (4' Container) $25-ate —eaeh flat 2. Ground Cover $25.00 flat 3- One(1) Gallon $10.00 each dt_ Five(5) Gallon $25.00 each 5- Fifteen (15) Gallon~ $1M-ar3 each S. 24" Box Tree $250-00 each 7. Seeded Turf $.96 sq.ft. min Sop 3- B. Sodded Turf $2.00 sq. fL min DDD s= g- Hydra Q-uflTE sq.ff 10. Sail Preparation (Existing Area) $QUOTE sq.ft_ 11. Sail Preparation~ (New Area) $Q sq.ft. 12.Wood Minch $45.00 Cr1_ yd. B-1 44 D«q)n Envelope ID: Eca2sekDs4m1Jc S646C aSDE29 IV. |r ga§un System M aimen ante t Inspection $2<: perhE ± Repair (Main Line- LaGfa Line, Sprb m6 &e.e per hr. & Parts $cam+e& V. General Post Cm, rol t Written Rem m mendk4R by P CA $3I00 22 ± Qualified Applicatof(OA $2.@ perhE & Trained A I%ator $e.m perhE mme6a| $ems 41 2 POTENTIAL COST SAVINGS: • Eliminate Payment & Performance Bonds: $14,822.00 This is a service contract, the City always holds at least one month of the contract amount, which is $82,797.00. the City could save $.00 annually. Total potential savings: $14,822.00 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 BANK BONDING LETTERS (/0001 47 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 CHASE4 ,. bAm:ch 30,2M Regarding : Excel Landscape- Lac Excel Landscape, Luc is one of the top companies of my portfolio here at JP Mores C aase Bad. They have been assignee)to my portfolio here at Claw since ?013. The company has always had a significant deposit relationship with us. The combined balances on their business accounts never drop below a seven figure deposit balance-As part of this relationship they have h.anelled their accounts propeAy at all tip_ Although they do not bane any credit facilities with us at this time,that is by their operational desiffi. Shouldthey ever request a credit facilin,they Nyould be in a good position to have one secured for theca. Should you have any questions regarding their relationship- please do reach oid. Best Regards,Shaun 4icGukmess Sr Business Relationship Manager *si am.mczuinaessr .jpmoi°zan.com ('714) 369Z4914 JP Morgan Chase Banff 131 rest laoothill Blvd. CpLand'CA. 91786 48 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 e Libertx Iu u . Liberty Mutual su ers 790 The City Drive South Suite.200 Orange,CA 92868 714.634.5716 Marcia 16,2020 Re:Excel.Landscape,Inc. prequalificati.on Letter To Whom It May Concern; We und,crstand that Excel Landscape,In.e.has aril about to submit a proposal or proposals for work to your company, This letter is to inform you that The Ohio CasuAlry Insurance C-x;)tnpany has been the bonding company for Excel Landscape, Inc. since Januaty 2008. We will consarler single bond requests for up to approximately$4,00.0,000 with aggregates up to$10,000,000, subject to our normal underw;dting conditions. If Excel Landscape,Inc.is awarded a contract for work,it is out present intention to provide the required performance and payment bonds. You understand of course,that any arrangements for the final bond or bonds is a raattcr bctt =1 the contractor and the surety and that The Ohio Casualty Insurance Company will a6sutnc no liability to 6-kird parties,or to you,if for any reason we do not execute said bond or bonds. T1-it Ohio C:aSualty Insurance Company is a meniber of Liberty Mutual Insurance Cornpanics and have been given an A YV rating by. N► Best, We are also an admitted Surety in C.alifoirr a. If you should need any additional information,please give me a call. sinc/eree�)1ly, Ilait}ilaft p AttornCy-t --F Member of Liberty Mutual Cyroup 50 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 EXHIBIT B LIST OF SUBCONTRACTORS NONE EXHIBIT B DocuSign Envelope ID:ECE01888-44D7-4B31-9CCC-646CF515DE29 EXCELAN-01 JAMIEO �� CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) �� 7/30/2020 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 CONTACT Jamie OSorlo NAME: Gallant Risk&Insurance Services,Inc. PHHONri,Ext; 951 368-0664 FAx 951 368-0707 4160 Temescal Canyon Rd.,#402 ) ( ) (A/C,No):( ) Corona,CA 92883 ADD RESS:josorio@gallantriskinc.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Middlesex Insurance Company 23434 INSURED INSURER B:Oak River Insurance Company 34630 Excel Landscape, Inc. INSURERC: 1185 Magnolia Ave.,#E400 INSURER D: Corona,CA 92879 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER D/y LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR A0133421004 8/1/2020 8/1/2021 DAMAGE TO RENTED 500,000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY X PECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X X A0133421001 8/1/2020 8/1/2021 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PerOaEid ntDAMAGE $ AUTOS ONLY AUTOS ONLY A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 X EXCESS LIAB CLAIMS-MADE A0133421005 8/1/2020 8/1/2021 AGGREGATE $ 3,000,000 DED X RETENTION$ 0 B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER EXWC114133 4/1I2020 4/1/2021 1,000,000 ANY PROPRIETOR P /EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? Lyi (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Lake Elsinore THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y 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: ECE01888-44D7-4B31-9CCC-646CF515DE29 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 ©Insurance Services Office, Inc., 2008 Page 1 of 1 A0133421 Middlesex Insurance Company DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 POLICY NUMBER: A0133421004 COMMERCIAL GENERAL LIABILITY CG20100413 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. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily injury" or "property damage" or "personal and advertising "property damage" occurring after: injury" caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or law; and subcontractor engaged in performing 2. If coverage provided to the additional insured operations for a principal as a part of the same is required by a contract or agreement, the project. 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 © Insurance Services Office, Inc., 2012 Page 1 of 2 A0133421 Middlesex Insurance Company DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III - Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 A0133421 Middlesex Insurance Company DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 POLICY NUMBER: A0133421004 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 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) Location And Description Of Completed Or Organization(s) 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III - Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable Limits of 1. The insurance afforded to such additional Insurance shown in the Declarations; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured applicable Limits of Insurance shown in the is required by a contract or agreement, the Declarations. 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 © Insurance Services Office, Inc., 2012 Page 1 of 1 A0133421 Middlesex Insurance Company DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 POLICY NUMBER: A0133421001 COMMERCIAL AUTO CA04441013 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: 08/01/2020 SCHEDULE Name(s) Of Person(s) Or Organ ization(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 © Insurance Services Office, Inc., 2011 Page 1 of 1 A0133421 Middlesex Insurance Company 1 00001 0000000000 19211 0 N 43cccOcO-f948-46db-ba98-d8ac510278ce 0027020044351317051492879572433 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 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: 08/01/2020 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 B. Primary And Noncontributory Insurance Schedule is an "insured" for Covered Autos This insurance is primary to and will not seek Liability Coverage, but only to the extent that contribution from any other auto insurance issued person or organization qualifies as an Insured to the person or organization in the schedule under the Who Is An Insured provision contained under your policy provided that: in: (1) Paragraph A.1. of Section II - Covered Autos (1) The person or organization is a Named Insured Liability Coverage in the Business Auto and under such other insurance; and Motor Carrier Coverage Forms; or (2) Prior to the "accident' you have agreed in (2) Paragraph D.2. of Section I - Covered Autos writing in a contract or agreement that this Coverages of the Auto Dealers Coverage insurance would be primary and would not seek contribution from any other insurance Form. available to the person or organization. CA 76 01 06 15 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 A0133421 with its permission. Middlesex Insurance Company DocuSign Envelope ID:ECE01888-44D7-4B31-9CCC-646CF515DE29 BUSINESS LICENSE CITY OF LAKE ELSINORE This business license is issued for revenue purposes only and does not grant authorization Administrative Services-Licensing to operate a business. This business license is issued without verification that the holder is 130 South Main Street, Lake Elsinore, CA 92530 subject to or exempted from licensing by the state, county, federal government, or any other governmental agency. PH (951)674-3124 Business Name: EXCEL LANDSCAPE,INC. BUSINESS LICENSE NO. 004404 Business Location: 710 RIMPAU STE 108 Business Type: LANDSCAPING CONTRACTOR CORONA,CA 92879 Owner Name(s): JOSE ALFARO Issue Date: 5/1/2020 Expiration Date: 4/30/2021 EXCEL LANDSCAPE, INC. 1185 MAGNOLIA AVE STE E-400 CORONA,CA 92879-3218 TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE