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HomeMy WebLinkAboutItem No. 13 - Amendment No. 3 to the Agreement for Contractor Services with Excel Landscape, I13)Amendment No. 3 to the Agreement for Contractor Services with Excel Landscape, Inc. for Additional Landscape Maintenance Services Approve and authorize the City Manager to execute Amendment No. 3 with Excel Landscape, Inc. to increase compensation by an additional $91,000.00 for a total not to exceed amount of $444,000.00 in such final form as approved by the City Attorney. Page 1 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Jason Simpson, City Manager Prepared by:Rick De Santiago, Public Works Manager Date:February 25, 2025 Subject:Amendment No. 3 to the Agreement for Contractor Services with Excel Landscape, Inc. for Additional Landscape Maintenance Services Recommendation Approve and authorize the City Manager to execute Amendment No. 3 with Excel Landscape, Inc. to increase compensation by an additional $91,000.00 for a total not to exceed amount of $444,000.00 in such final form as approved by the City Attorney. Background On October 27, 2020, the City Council approved the award of a contract to Excel Landscape, Inc., to maintain the landscape that is encompassed in the street right-of-way, referred to as “streetscape.” This includes Landscape Services for Citywide Facilities and Streetscapes. The work performed under this contract consists of design and installation, maintenance, irrigation management and conversions, fertilization and chemical application, and pest and disease control. On July 12, 2022, the City Council approved Amendment No. 1 to increase compensation due to unforeseen cost increases in material and labor to complete the extra work pricing; repairs, additional planting, additional locations, general landscape maintenance (planters and slope areas), plant material, and irrigation systems maintenance. On April 25, 2023, the City Council approved Amendment No. 2, extending the term for an additional year and incorporating additional landscape maintenance services for the Neighborhood Center, Canyon Hills Park, weed abatement, mulch installation, herbicide, repairs, additional planting, plant material, and irrigation systems maintenance. Excel Landscape – Amendment No. 3 Page 2 of 2 Discussion Amendment No. 3 is being requested to incorporate additional landscape maintenance services provided for the following locations: •Grand & Ontario - Irrigation controller and valve solenoid replacement •Lakeshore & Torn Ranch Rd. - Car accident damage repair •Nichols Ranch Detention Basins – New Area Landscape Maintenance •Running Deer Estate Lincoln St. – New Area Landscape Maintenance •Stove Pipe Creek Park – New Area Landscape Maintenance Staff is requesting additional funds to cover fees for servicing additional locations. With our current agreement ending at the end of this fiscal year, it is crucial to secure these funds to ensure continued maintenance for our expanded areas. Fiscal Impact Funds are available in the City’s Fiscal Year 24/25 Annual Citywide Landscape Maintenance Program. Attachments Attachment 1 - Amendment No. 3 Exhibit A - Estimates Attachment 2 - 1st Extension Letter Attachment 3 - 2nd Extension Letter Attachment 4 - Amendment No. 2 Attachment 5 - Amendment No. 1 Attachment 6 - Original Agreement Public Works 3 8 5 2 7 AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACTOR SERVICES Excel Landscape, Inc. Annual Citywide Landscape Maintenance Services This Amendment No. 3 to Agreement for Contractor Services is made and entered into as of 2/25/2025, by and between the City of Lake Elsinore, a municipal corporation (“City), and Excel Landscape, Inc., a Corporation (“Contractor”). RECITALS A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 10/27/2020, (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 of Two Hundred Thirteen Thousand Three Hundred dollars ($213,300.00). C. The Original Agreement had a term commencing October 27, 2020, and ending on June 30, 2023. D. Amendment No. 1 was approved on July 12, 2022, to increase the compensation in an amount not to exceed Two Hundred Sixty-Six Thousand Three Hundred dollars ($266,300.00). E. Amendment No. 2 was approved on April 25, 2023, to increase the compensation in an amount not to exceed Three Hundred Fifty-Three Thousand dollars ($353,000.00). F. The parties now desire to increase the payment for such services as set forth in this Amendment No. 3 for an annual amount not to exceed $444,000.00. 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: In addition to the Scope of Services attached to the Original Agreement and Amendments No. 1 and No. 2, Contractor shall also perform the services described in Contractor’s Proposal attached to this Amendment No. 3 as Exhibit A-3. 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-3), subject to the direction of the City through its staff that it may provide from time to time. 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 the fees set forth in the Contractor’s Proposal (Exhibit A to the Original Agreement 3 8 5 2 7 as amended by Amendment No. 1, Amendment No. 2 and the Contractor’s Proposal attached as Exhibit A-3 to this Amendment No. 3 and incorporated herein by reference). For purposes of Amendment No. 3 and the term thereof, compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Contractor ’s Proposal (referenced collectively as Exhibit A-3 Amendment No. 3). In no event shall Contractor ’s annual compensation exceed Four Hundred Forty-Four Thousand dollars ($444,000.00) 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. a. 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 “CONTRACTOR” Excel Landscape, Inc., a Corporation City Manager Date: Jose Alfaro, Sr Date: __ ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 3 8 5 2 7 Assistant City Manager Attachments: Exhibit A-3 – Contractor ’s Proposal EXHIBIT A-1 CONTRACTOR ’S PROPOSAL [ATTACHED] July 1, 2023 Excel Landscape, Inc. Attn: Jose Alfaro 710 Rimpau Ave. #108 Corona, CA 92879 RE: CONTRACTOR SERVICES AGREEMENT – FIRST EXTENSION Dear Mr. Alfaro: This letter is provided to inform you that the Contractor Services Agreement dated October 27, 2020, between Excel Landscape, Inc., and the City of Lake Elsinore is extended per Section 2.c Term of the Agreement to June 30, 2024. If you have any questions regarding this Agreement extension please contact Carla Khalil, Management Analyst Department of Public Works at (951) 674-5170 ext. 364. Sincerely, Jason Simpson City Manager DocuSign Envelope ID: 0A047DD8-C5EF-448C-A38E-8B13FF122736 June 20, 2024 DELIVERY VIA EMAIL Excel Landscape, Inc. Attn: Jose Alfaro 710 Rimpau Ave. #108 Corona, CA 92879 RE: CONTRACTOR SERVICES AGREEMENT – SECOND EXTENSION Dear Mr. Alfaro: This letter is provided to inform you that the Contractor Services Agreement dated October 27, 2020, between Excel Landscape, Inc., and the City of Lake Elsinore is extended per Section 2.c Term of the Agreement. The effective date of the extension is from July 1, 2024, to June 30, 2025. If you have any questions regarding this Agreement extension please contact Carla Khalil, Management Analyst Department of Public Works at (951) 674- 5170 ext. 364. Sincerely, Jason Simpson City Manager DocuSign Envelope ID: 2F43DB88-C98A-43B9-834E-0251F2E8D2D5 DocuS ign Envelope ID: B2A70EA5-023D-42FB-B45A-233932BAEF28 AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACTOR SERVICES Excel Landscape, Inc . Annual Citywide Landscape Maintenance Services This Amendment No . 2 to Agreement for Contractor Services is made and entered i nto as of 4/25/2023 , by and between the City of Lake Elsinore , a municipal corporation ("City), and Excel Landscape , Inc ., a corporation ("Contractor"). RECITALS A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 10/27/2020, (the "Original Agreement"). Except as otherwise defined herein , all cap italized terms used herein shall have the mean ings set forth for such terms in the Original Agreement. B. The Origina l Agreement provided for compensation to Contractor i n an amount of Two Hundred Thirteen Thousand Three Hundred dollars ($213 ,300). C . Amendment No . 1 was approved on July 12 , 2022 , to increase the compensation i n a n amount of Two Hundred S ixty-Six Thousand Three Hundred dollars ($266 ,300). D . The parties now desire to amend the scope of services and increase the payment for such services as set forth in this Amendment No 2 . NOW, THEREFORE , in consideration of the mutual covenants and conditions set forth herein , City and Contractor agree as follows : 1. Section 1, Scope of Services , of the Orig i nal Agreement is hereby amended to add the follow ing : Contractor shall also perform the services described in Contractor 's Proposal (attached to this Amendment No . 2 as Exhibit A -2). Contractor shall provide such services at the time , place , and in the manner specified i n Exh i bit A-2 , subject to the direction of the C ity through its st aff that it may provide from time to time. 2 . Section 3 , Compensation , of the Original Agreement is hereby amended to read in its entirety as follows : Notwithstanding the forego ing , f or purposes of Amendment No. 2 and the term thereof, compensation to be paid to Contractor shall be in accordance with the Schedule of Charges set forth in Contractor's Proposa ls (referenced collectively as Exhibit A -1 to Amendment No . 1 and Exh i bit A-2 of Amendment No . 2). In no event shall Contractor 's compensation related to Contractor 's Proposals exceed Three Hundred Fifty-Three Thousand dollars ($353 ,000) for the fiscal year commencing the July 1, 2023 through June 30 , 2024 w ithout addi ti onal written authorization from the C ity . DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF Docu Sign Envelope ID : B2 A70EA5-023D-42FB-B45A-233932 8AEF28 Notwithstanding any provision of Contractor 's Proposal to the contrary, out of pocket expenses set forth in Contractor's Proposals, shall be reimbursed at cost without an inflater 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. Pursuant to Section 2(c) of the Original Agreement, the City hereby elects to extend the term of the Original Agreement by 12 months until June 30, 2024, and Contractor acknowledges and consents to such extension . 4 . Except for the changes specifically set forth herein , all other terms and conditions of the Original Agreement, as amended , shall remain in full force and effect. 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 City Manager Date: _______ _ ATTEST: City Clerk APPROVED AS TO FORM : City Attorney Assistant City Manager "CONTRACTOR" Excel Landscape , Inc. a Corporation Jose Alfaro , Sr. Date: ________ _ Attachments: Exhib it A-2 -Contractor 's Proposal DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF 5/31/2023 | 6:45 PM CDT 5/31/2023 | 4:56 PM PDT DocuSign Envelope ID: B2A70EA5-023D-42FB-B45A-2339328AEF28 EXHIBIT A-2 CONTRACTOR'S PROPOSAL [ATTACHED] DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID: B2A70EA5-023D-42FB-B45A-2339328AEF28 EL LANDSCAPE City of Lake Elsinor e Dotm ow,, tvain s t 30 S outt1 Main S t ake Elsinore, Californ,a 92530 Es ti mat e #10308 Fro m Excel L andscape South 8J0) 7 34-9650 185 M a gnolia Av e E40C Corora C A , 32879 Bill -o Down O'-'n Mair st 130 South ~~•"' St a e !=ls nore . Calt •orr,a 92530 Sent On 02 22 2023 Job T itle c amil/ center Job um ber 772 1 ocauon Fam,I1 center PRODUCT ! SERVICE DESCRIPTION OTV. UNIT PRICE TOTAL Plant 1 gallon One gallon plant installed Irrigation Labor Irrigation Labor Mulch 1 yard Cover mulch installed Tree Removal Small tree removal and flush cut Plant 5 gallon (Iceberg rose ) 5 gallon plant installed Labor Standard Labor Material 1812 with mp rotator nozzle Material Pvc pipe 3/4 Material Pvc fittings Price does no incl Loe a"} reol acemen of 1r"1ga t1on 1, alves irr gal on :or u o•ler . or w1rng h,s o..;ot e s v , ,c va es nia oe s u o1ec to ~"'lan g e S i gnature: Date: 1100 $12.00 $13,200 .00 16 $75.00 $1,200.00 50 $45.00 $2,250 .00 7 $150.00 $1 ,050.00 40 $35.00 $1 ,400.00 32 $45.00 $1 ,440 .00 46 $30.00 $1,380.00 800 $0 .95 $760 .00 1 $250 .00 $250 .00 Total $22,930.00 DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID : B2A70 EA5 -023D-42FB-B45A-2339328AEF28 EL LA ND SCAP E City of Lake Elsinore Canyon Hills Sports Par 34360 Canyon Hills Rd Lake Elsinore . Cal ifornia 92532 Est i mate #10345 Fr o m Exc e l Landscape South (800) 734-9650 1185 Magnolia Ave . E400 Corona CA . 92879 8111 To Downtown Main st 130 South Main St Lake Elsinore , California 92530 Sent On 04/07 2023 Job Title Palm tree Irn gat ion repa ir due to construction damage Job umber 7721 Location Canyon Hills Sports Par palm trees PRODUCT I SERVICE DESCRIPTION QTY . UN IT PRICE TOTAL Mater ial Mater ial Materi al Labor Irrigat ion Labor Ra in Bird bubbler .25 GPM Schedule 40 3/4 in PVC pipe Misc pvc fi ttings Standard Labor Irrigation Labor Th is quote is valid for the next 30 days . after which values may be subiect to change Signature: _________ _ Da t e: _____ _ 24 80 12 12 $45.00 $0.95 $150.00 $45.00 $75.00 T otal $1 ,080.00 $76 .00 $150 .00 $540 .00 $900.00 I $2 ,746.00 DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF Et LANDSCAPE Ave. Suite 108 c492879-5724 (951 ) 735-9650 Fax (951 ) 735-0469 . Lic # 694553 May 15,2023 City of Lake Elsinore Attn: Rick De Santiago 130 S Main St. Lake Elsinore, CA 92530 Mr. Rick De Santiago, Thank you for the opportunity to maintain the streetscapes for the City Of Lake Elsinore for the last several years. At this time Excel Landscape would like to express our interest in extending the current agreement for an additionalyear. Due to increased labor and material costs of over 6% for the last 2 years, we would respectfully request a 6% increase of the total contract amount to help cover these increased costs. The contract amounts are as outlined below: Lake Elsinore Streetscapes Current monthly contract amount - $17,775.00 lncreased monthly contract amount - $18,841.50 Increase per month - $1066.50 We look forward to continue serving your city. Please feel free to contact me if you have any questions. Respectfully, Sototr Ctlk "o Jason Alfaro Project Manager DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID: F3C2701 E-B255-4FF6-A603-02 F847CD86D9 CI TY OF A LAKE 6 1siNOR£ ~ DREAM E;(TREME May 30, 2023 Excel landscape Attn: Jason Alfaro 710 Rimpau Ave. Suite 108 Corona, CA 92879 RE: RATE INCREASE Dear Mr. Alfaro: This letter serves as a notice of acceptance regarding your 6% increase due to the unforeseen cost i ncreases to material and labor on your Annual Contract dated April 25 , 2023 , and ending June 30, 2024. Current monthly contract amount -$17,775 .00 Increased monthly contract amount -$18,841 .50 Increase per month -$1 ,066.50 If you have any questions regarding this matter, please contact Carla Khalil, Management Analyst Department of Public Works at (951) 674-5170 ext. 364. Sincerely, ~r::=M~ Sh lii'ri'li'Wsilc~ley Assistant City Manager DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID : B2A70EA5-023D-42FB-B45A-2339328AEF28 I. II. ADDENDA NO. 1 & 2 & 3 EXHIBIT "B" CITY OF LAKE ELSINORE LANDSCAPE MAINTENANCE EXTRA WORK PRICE SHEET Turf Maintenance (All Turf Areas) Unit Cost 1. Mowing (Including Bagging of Clippings) $4 5 0 0 2. Edging $4 5 0 0 3. String Trimming $4 5 0 0 4 . Aerification (Core/3") $Quote 5. Aerification (Deep T ine/6") $NIA 6. Weed Removal (Manual) $Quote 7 . Pest Control (Manual) $ 7 5 . 0 0 8. Fertilization (Placement Only) $Quote 9. Materials (Fertilizer, Soil Amends) $Cost + 15% 10. Over seeding of Sports turf (Soccer Field , Football Field) $Quote 11 . Over seeding of Sports turf (Baseball Field) $Quote 12 . Over seeding of General use turf areas $Quote 13. Artificial Turf areas $Quote General LandscaR! Maintenance (Planters and SloR! Areas) 1. Edging (Ground Cover) $4 5 0 0 2 . Trimming (Shrubs, Ground Cover) $4 5 0 0 3. Prun ing/Shrubs , Vines , Roses $4 5 0 0 4. Pruning/Trees (To 18') $0uote 5. Weed Removal (Manual) $4 5 . 0 0 6 . Pest Control (Manual) $ 7 5 . 0 0 7. Fertilization (Placement Only) $Quote 8. Vegetation Removal $Quote 9 . Materials (Fertilizer , Soil Amends) $Cost + 15% Ill. Plant Material (Installed, All Areas) 1. Annual Color (4 " Container) $ 3 0 0 0 2 . Ground Cover $ 3 0 0 0 3. One (1) Gallon $1 2 0 0 4 . Five (5) Gallon $2 8 0 0 ~ Perman HR. lir ,ear ft . rer man HR. liflleer ft . Per man HR sq . ft. sq . ft. per man hr. per man hr.(Labor only ) sq. ft. sq . ft. (min . 40,000 sq. ft.) sq . ft. (min. 5 ,000 sq. ft.) sq . ft. (min. 1,000 sq. ft .) sq . ft. (min . 1,000 sq . ft.) lilllHF fl Per man HR. ........ Perman HR. ~ Perman HR. each per man hr. per man hr. .. ,. fl, Perman HR. sq . ft. each flat each each 5. Fifteen (15) Gallon $1 5 0 0 0 each 6. 24" Box Tree $ 2 7 5 . 0 0 each 7 . Seeded Turf $Quote sq . ft. 8 . Sodded Turf $Quote sq . ft. 9 . Hydroseed $Quote sq . ft. 10. Soil Preparation (Existing Area) $Ouote sq . ft . 11 . Soil Preparation (New Area) $Ouote sq . ft . 12 . Wood Mulch $ 5 0 . 0 0 cu . yd . 8-1 DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID : B2A70EA5-023D-42FB-B45A-2339328AEF28 IV. Irrigation System Maintenance 1. Inspection 2. Repa ir (Main Line, Lateral Li ne , Sprinklers} 3. Parts V. General Pest Control 1. Written Recommendation by PCA 2. Qualified Appl icator (QAC} 3 . Tra ined Applicator 4 . Material 8 -2 $7 5 . 0 0 $7 5 .0 0 $Cos t+ 15% per hr. per hr. $~O~u~~~e ___ each $ 1 2 s . o o per hr. $ 7 s . o o per hr . $Ouote DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID : 82A70EA5-023D-42FB-B45A-2339328AEF28 ~ EXCELAN-01 ASHIINN ACORD' CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMIDDIYYYY) ~ 3/31/2023 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 riahts to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0M63276 S2t!.!~CT Gallant Risk and Insurance Services, LLC ri:,~:o, Ext): (951) 368-0700 I FAX 4160 Temescal Canyon Rd. Suite 214 (A/C, No):(951) 368-0707 Corona, CA 92883 ~~~ ..... INSURERISl AFFORDING COVERAGE NAIC# INSURER A: Middlesex Insurance Comoanv 23434 INSURED INSURER B : StarStone National Insurance Comoanv 25496 Excel Landscape, Inc. INSURERC : 1185 Magnolia Ave., #E400 INSURERD : Corona, CA 92879 INSURERE : INSURERF : 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. I~~ TYPE OF INSURANCE 1~.?.Pk I~ POLICY NUMBER POLICYEFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~ □ CLAIMS-MADE [!] OCCUR DAMAGE TO RENTED 500,000 X X 1Ao133421004 8/1/2022 8/1/2023 co,""~'"',.,,_ $ MEO EXP (Any one~~, $ 5,000 ~ 1,000,000 PERSONAL & ADV INJURY $ ~ 3,000,000 R 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY [!] ~rg: □ LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ A COMBINED SINGLE LIMIT ( 1,000,000 ~TOMOBIL£ LIABILITY IF• ..... A•"" ~ ANY AUTO -X X 1Ao133421001 8/1/2022 8/1/2023 BODILY INJURY /Per =,wnl ( OWNED SCHEDULED BODILY INJURY /Per accidenll $ AUTOS ONLY .__ AUTOS .__ rp~~~d°Z.t?AMAGE ~LRT'WsoNLY .__ ~ar~ii1~ $ .__ Comp/Coll Ded 1,000 ( A UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 3,000,000 .__ IA0133421005 8/1/2022 8/1/2023 3,000,000 X EXCESSLIAB CLAIMS-MADE AGGREGATE $ OED I X I RETENTION$ 0 Follow Form ( B WORKERS COMPENSATION X I ~¥:ruTE I I 2JH- AND EMPLOYERS' LIABILITY YIN T10231326 4/1/2023 4/1/2024 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [!] E.L. EACH ACCIDENT $ NIA 1,000,000 p~:~ai~l~i~1 EXCLUDED? E.L. DISEASE -EA EMPLOYEF $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT ( 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICL£S (ACORD 101 , Addltlonal Remarks Schedule, may be attached If more apace la required) 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 ACCORDANCE WITH THE POLICY PROVISIONS . Attn: Public Works Department 521 N. Langstaff Street Lake Elsinore, CA 92530 AUTHORIZED REPRESENTATIVE Amue-stu.uc.n, I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION . All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID : B2A70EA5-023D-42FB-B45A-2339328AEF28 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 i n effect prior to any loss or damage Information required to complete th is 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 A013342 1 Middlesex In su rance Company 1 0000 1 0000000000 22210 0 N © Insurance Services Office, Inc ., 2008 9b1287de-312d-4a 17-9741 -58ca38b87b89 Page 1 of 1 07/29/2022 DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID: B2A70EA5-023D-42FB-B45A-2339328AEF28 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 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. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -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 . CG20370413 A0133421 © Insurance Services Office, Inc., 2012 Page 1 of 1 07/29/2022 Middlesex Insurance Company 1 00001 0000000000 22210 0 N dab9b575 -ce7d-4dd9-b0b7-3d9b59910411 DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID: 82A70EA5-023D--42FB-B45A-2339328AEF28 POLICY NUMBER : A0133421004 COMMERCIAL GENERAL LIABILITY CG 2010 0413 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 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 . B. 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. CG20100413 A0133421 © Insurance Services Office , Inc ., 2012 Page 1 of 2 Middlesex Insurance Company DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID: 82A70EA5-023D-42FB-B45A-2339328AEF28 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -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 A01~3421 © Insurance Services Office , Inc ., 2012 CG20100413 Middlesex Insurance Company DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID: B2A70EA5-023D-42FB-B45A-2339328AEF28 POLICY NUMBER: A0133421001 COMMERCIAL AUTO CA 04441013 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 th is 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: 08/01/2022 Name(s) Of Person(s) Or Organization(s): SCHEDULE 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 requ ired 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 04441013 A013342 1 Middlesex Insu rance Company 1 00001 0000000000 22210 0 N © Insurance Services Office, Inc., 2011 0b4a9ea6-53fa-4cde-9f54-f29054d2dac2 Page 1 of 1 07/29/2022 DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF DocuS ign Enve lope ID : B2A70EA5-02 3D-42FB-B45A-2 339328A EF28 POLICY NUMBER : A0133421001 COMMERCIAL AUTO CA 76 01 0615 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 organizalion(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provis ion of the Coverage Form . This endorsement changes the policy effective on the inception date of the policy un less another date is indicated . Named Insured: Excel Landscape Inc Endorsement Effective Date : 08/01/2022 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization you are required to add as an addit ional insured under a written contract or agreemen t 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 "i nsured" for Covered Autos Liability Coverage , but only to the extent that person or organization qualifies as an "insured " under the Who Is An Insured prov ision 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 . 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 organ ization 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 th is insurance would be pri mary and would not seek contribution from any other insurance available to the person or o rganization . CA 76 010615 A013342 1 Includes copyrighted material of Insurance Services Office , Inc., Page 1 of 1 0 7/29/2022 Middlesex Insurance Company with its permission . 1 00001 0000000000 22210 0 N 4c9cb5b1 -a664-4e05-b1 88-f7802c569abd DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF DocuSign Envelope ID: B2A70EA5-023D-42FB-B45A-2339328AEF28 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 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: 5/1/2023 Expiration Date: 4/30/2024 Starting January 1, 2021 , Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE DocuSign Envelope ID: CA9803C9-8259-48BE-8CC6-C5BDDCB16DFF