Cities Index.
Attachment 6 - Original Agreement

Lake Elsinore City Council
February 25, 2025

Document
Attachment 6 - Original Agreement
Meeting
February 25, 2025
Body
Lake Elsinore City Council
Pages
11
Original file
8.6 MB
Text extracted from the city's file for reading and search. Open the original on lakeelsinore.primegov.com. That file is the official record.

Excel Landscape, Inc - Exhibit A Agreement Page 1

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. T ime 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 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29

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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.

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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 Ag reement 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 C ity 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, draw ings, 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 indust ry 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.

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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 cont ractor 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 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29

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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.

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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 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29

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covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Cover age. 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 pr otection 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.

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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 o f 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.

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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.

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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 ; Inc orporation; 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]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation

Grant Yates, City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

Risk Manager

“CONTRACTOR”
Excel Landscape, Inc., a Corporation

By: Jose Alfaro, Sr.

Its: Owner

Attachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors

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EXHIBIT A

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
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REQUEST FOR PROPOSAL

Prepared by:

CITYWIDE LANDSCAPE MAINTENANCE SERVICES 2020
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INDEX

3 SCHEDULE OF CHARGES & POTENTIAL COST SAVINGS

BANK & BONDING LETTERS
COVER LETTER 1
2 4
5 6

EXPERIENCE & TECHNICAL ABILITY

STAFFING & KEY PERSONNEL

PROPOSED METHODOLOGY
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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
Joe Alfaro, President
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EXPERIENCE & TECHNICAL ABILITY

CURRENT PROJECTS

CURRENT OPERATIONS

SERVICES

REFERENCES

QUALIFICATIONS

COMPANY EQUIPMENT

EXPERIENCE
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QUALIFICATIONS
Licensed Contractor 694553 C-27
Licensed Pest Control Advisor
Licensed Pest Control Operator
Licensed Pest Control Applicator
CLCA “Expert” Certified Water Manager
Certified Recycled Water Supervisor
Insured With Best Rated “A”
First National Insurance Company of America
CLIA Certified Water Auditor
OSHA Compliant
State & Federal Labor Law Compliant
Certified Arborist #496
DIR Registration 1000007099
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EQUIPMENT LIST COMPANY WIDE

Tractors & Skid Steers 14
Tractor Specialty Attachments 21
· Aerators
· Aeravator
· Augers
· Bush Hogs
· Forklifts

· Power Rakes
· Roto-tilers
· Spreaders
· Sprayers
· Top Dressers

· TR3 Power Rake
· Turf Vacs
· Verismo Flail mower
· Tractor mounted
hedge trimmer
Managers/Supervisors Trucks 22
Crew Trailers 64 Crew Trucks 89
Riding and Walk Behind Mowers 109
Blowers, Hedge Trimmers, Edgers & Weed Eaters 700+
Flat Bed Tow Truck & Dump Trucks F650 12
Irrigation Technicians Trucks 21
Excel Landscape owns a variety of equipment to insure crews have what they need to perform their duties efficiently. An internal fleet department staffed with (5) mechanics ensure the equipment is serviced and kept in a safe and operable condition at all times. Spare equipment is on hand to assure crews have replacements available when breakdowns occur. Our tow truck is dispatched to transport equipment as needed. Some of this equipment is listed below .

DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϭϬ

DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϭϭ

Excel Landscape
Has been providing quality landscape
services in Southern California for over 39 years,
specializing in large scale municipal
maintenance.

Excel has completed a renovation of a 15
acre sports park with (2) soft ball fields, a
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
Demonstration Gardens for (2)
local water agencies.

Recently we completed a contract with the
Eastern Municipal Water District where we
won vendor of the year for our maintenance of
their 25 acre headquarters with a 2 acre water
wise demonstration garden.

Excel Landscape designs, Installs and
maintains a large variety of landscape
projects.

We currently maintain a
variety of parkways,
medians, slopes, open
space, parks with ball
fields, soccer fields and
synthetic turf fields for (13)
local agencies. This
includes many acres of
water wise and drought
tolerant plant material.

Currently we maintain over 100 acres of
drought tolerant landscape for the City of
Indio.

Excel has removed many acres of turf and
converted it to water wise planting for several
local municipalities through the PAL program

EXPERIENCE
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϭϮ

CURRENT OPERATIONS

SERVICES
· Design & Installation
· Maintenance
· Irrigation Management & Conversions
· Fertilization & Chemical Application
· Pest & Disease Control
· Sports Turf Management
· Synthetic Turf Maintenance
· Ball Field Maintenance
· Blue Line Stream Maintenance
New Fuel Efficient Manger & Supervisor Trucks
· Equestrian Park Maintenance
· Water Wise Landscape Management
Blue Line Stream
Low Water Use Irrigation Synthetic Turf Care
Irrigation Service Trucks
Ball Field Prep Large Scale Mowing
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϭϯ

CITY OF ENCINITAS
1990-Present
760.633.2755
Ms. Annette Saul
[email protected]
2017-Present
909.399.5431

CITY OF CLAREMONT
Mr. Richard Hecker
[email protected]
2001-Present
951.955.6652

COUNTY OF RIVERSIDE
Mr. Mike Franklin Mr. Mike Franklin
[email protected]

CITY OF INDIO
2008-Present
760.391.4199
Mr. Mike Edgar
[email protected]

CITY LAKE ELSINORE
1997-Present
951.674.5170
Mr. Chris Erickson
2012-Present
909.888.8986

EAST VALLEY MUNICIP AL WATER
Mr. Dale Barlow
[email protected]
1994-Present
951.461.6124

CITY OF MURRIETA
Mr. George Moring
[email protected]

CITY OF CHINO HILLS
1990-Present
909.3642802
Mr. Sean O’Conner
[email protected]

CITY OF YUCAIPA

2013-Present
909.797.2489
Mr. Steve Frenken
[email protected]
[email protected]
1983-Present
951.694.6480

CITY OF TEMECULA
Mr. Stacy Fox
[email protected]
2012-Present
760.346.0611

CITY OF PALM DESERT
Mr. Randy Chavez
[email protected]

REFERENCES
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϭϰ

DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϭϱ

CURRENT PROJECTS
Ongoing
Maintenance
Contracts
106
of work with
Public Agencies 89%
Projects similar to the City of Lake Elsinore

CITY OF MURRIETA
One Town Square
Murrieta CA
951.461.6124
· 46 parks
· 4 sports parks
· Equestrian Center
· All City Facilities
· Totaling over 700 acres
Mr. George Moring
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϭϲ

CITY OF TEMECULA
41000 Main St.

Temecula CA
951.694.6480

· City Hall
· (13) Facilities
· 36 Neighborhood
Parks
· 15 Sports Parks
· 23 Ball Fields
· 7 Soccer Fields
· 4 Synthetic Fields
· Slopes, Medians &
Parkways
· Totaling Over 400
Acres
Mr. Stacy Fox

CITY OF CLAREMONT
1616 Monte Vista
Claremont CA
909.309.5431

· 19 Parks
· 5 Ball Fields
· 9 Soccer Fields
· 2 Community Centers
· Down Town Village
· City Hall
· Cemetery
· Totaling Over 200
Acres
Mr. Richard Hecker
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϭϳ

CITY OF INDIO
100 Civic Center Mall
Indio CA
760.391.4199

· 15 Parks
· 4 Sports Complexes
· 6 Ball Fields
· 10 Soccer Fields
· Parkways & Medians
Totaling Over 100
Acres

CITY OF CHINO HILLS
1400 City Center Dr.

Chino Hills CA
909.364.2802

· (27) Neighborhood Parks
· (2) Dog Parks
· Slopes, Medians & Park-
ways
· Totaling Over 200 Acres
Mr. Sean O’Conner
Mr. Mike Edgar
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϭϴ

DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϭϵ

STAFFING & KEY PERSONNEL
Available as needed

DESIGNER /QUALITY CONTOL MANAGER
· Water Au- ditor
· Water Manager
· Licensed QAC
· Recycled Water Supervisor
· Landscape Designer
39 Years Experience
909.208.8101
Marty Fox

GENERAL MANAGER

45 Years Experience
909.208.9901
Jose Alfaro
· Certified Water Manager
· Licensed PCA
· Licensed QAL
· Water Auditor
· Hardscape installation/renovations
· Irrigation up-grades

CONSTRUCTION CREW
Miguel Ramos 19 Years Experience
+(1) Laborer
· Landscape installation/renovation/conversion
· Irrigation conversions/retro fit
· Sports field renovations

LANDSCAPE IMPROVEMENT CREW
32 Years Experience
+(2) Laborer Jesus Alferez
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϮϬ

STAFFING FOR THIS CONTRACT
Total of (14.5) full time staff, aprox. 2528 man hours per month Excel Landscape understands this is a
performance based contract. We will add
resources when and where necessary to
comply with the contract requirements.
14 Years Experience Jason Alfaro
ACCOUNT MANAGER 10 hours per week
· Has managed several local municipalities for over 12 years · Certified Water Auditor
· Water Manager
· Licensed QAL
· Reclaimed water certified
MOW CREW 40 hrs per week (3) men
IRRIGATOR 40 hours per week 1
SUPERVISOR 40 hours per week

1 Sergio Verdal 26 Years Experience Arturo Serrato
Sergio Verdal 14 Years Experience Jose Garcia
(2) DETAIL CREWS 40 hrs per week (7) men
TRASH CREW 40 hrs per week (1) man
BALL FIELD PREP 1 Day per week (1) man
8 Years in Lake Elsinore
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 Ϯϭ

PROJECT OVERVIEW

MANAGEMENT PLAN

EQUIPMENT FOR THIS CONTRACT

VALUE ADDED OFFERINGS

QUALITY CONTROL PLAN

EMERGENCY RESPONSE

SAFTEY PLAN

INTEGRATED PEST MANAGEMENT

PROPOSED METHODOGY

COST SAVINGS
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϮϮ

PROJECT OVERVIEW

MANAGEMENT PLAN
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.

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.

DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 Ϯϯ

EQUIPMENT FOR LANDSCAPE MAINTENANCE

MOW CREW
· 3/4 ton pick up
· utility trailer
· (3) 72” Ridding mower
· 36” walk behind mower
· Small equipment
· Misc hand tools
· Traffic control devices
3 men
DUMP TRUCK 1
· 1 ton dump truck, to pick up green-waste and litter
generated from maintenance operations and renovation.

Half time man to assist the Maintenance Crew.

IRRIGATION TECH
· Misc hand tools
· Traffic control devices
· Progressive tracking
equipment
· Irrigation remote control
Irrigation Service Truck
Mow Crew Truck
(2) Maintenance Detail Trucks
PARK TRASH TRUCK 1
· 1/2 ton pick up truck, to cycle through all parks for daily litter & trash pick up.
· Empty, Clean & replace liners on trash receptacles.
· Rake & level play ground surfaces.
· Bi-weekly pressure wash & cleaning.
7 men
1 man
1 man
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 Ϯϰ

· (3) 72” Riding Mower
· Walk behind mower
· Tractor mounted trimmer

EQUIPMENT FOR PARKS & PARKWAYS
TURF RENOVATION EQUIPMENT (Extra work)
Aeravator Turf Vac
Top Dresser Vrisimo Flail
Ball Field Prep
Available for an additional cost
Rotary Mowers
· Ball field prep once per week
included in proposal
Tractor Mounted Trimmer
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 Ϯϱ

SPORTS FIELD RENOVATIONS, available as extra work
Sports Field Turf
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
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 Ϯϲ

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.

VALUE-ADDED OFFERINGS
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.

Iceberg Rose
Remove 5,834 SF of Turf
Little john Dwarf Texas Ranger
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 Ϯϳ

VERANDA TURF CO NV ERSION
· Goals of work performed:

Estimated 50% Reduction in water use to
help offset increasing water costs

· 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
· 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

· Removed (5) old outdated timers and enclosures
· Updated to Calsense and Hunter smart controllers

Following is a sampling of
projects we have partnered with
the City to help with budget
constraints by reducing water
and maintenance costs.

Excel Landscape
has been providing quality landscape
improvements for the City of Temecula
for many years.

BEFORE
AFTER
AFTER
BEFORE
EXAMPLES OF VALUE-ADDED OFFERINGS With other City’s
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 Ϯϴ

MAGEE PARK
· Goals of work performed :

Estimated 20% Reduction in water use to
help offset increasing water costs

· Work made possible:

Excel Landscape applied for and received a
grant from SoCal Water smart in the amount of
$28,000.00

TEMEKU HILLS/VILLAGES TURF CONVERSION
· Goals of work performed :

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

· Work Completed:
· 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
· Work Completed:
· Removal of passive turf
· Conversion of overhead irrigation to drip
· Installation of drought tolerant plant material
· Updated timer to Hunter I-Core smart controller
· This was accomplished with no cost to the city
AFTER
AFTER
AFTER
BEFORE
BEFORE
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 Ϯϵ

City of Claremont Various 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:

Following is a sampling of
projects we have partnered with
the City to help with budget
constraints by reducing water
and maintenance costs.

Excel Landscape
has been providing quality landscape
improvements for the City of Claremont
for several years.
· Removal of passive & non-usable turf
· Conversion of overhead irrigation to drip
· Installation of drought tolerant plant material
· Installations of new Weather based smart
controllers
· This was accomplished with no cost to the city
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϯϬ

QUALITY CONTROL PLAN
Excel Landscape
Hires & trains the right people.

Quality People Produce
Quality Results
Manager
· 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.

TRAINING
· Is an experienced QAL, Irrigation Auditor and Irrigation Manager. · Attends outside training sessions to ensure licenses and certifications are current.

Staff
· 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.

COMMUNICATION
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϯϭ

· 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.

NEW 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.

CURRENT PROJECT MANAGEMENT
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϯϮ

· 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.

EMERGENCY RESPONSE
· 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.

SAFETY PLAN
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϯϯ

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.

The site thoroughly

INSPECT
1 IDENTIFY
2 DEVELOP
3 TREAT
4 MONITOR
5 If pests exist or conditions are right for the existence of pest A custom plan to treat your problem or prevent future problems Using a variety of methods to safely prevent the return of future problems
The site to ensure that your pest problems do not return Use of new non -chemical rodent control devices
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϯϰ

COST SAVINGS
Excel Landscape has developed many ways to cut costs in today’s challenging economic times. We pass those savings on to our customers allowing us to retain long term relationships.

Use of Growth Regulators
· Slows the rate of plant growth
· Saves labor by allowing less trim cycles
· Reduces amount of green waste generated
Use of Pre-Emergent Herbicide
· Targets specific grasses and weeds
· Saves labor on manual weeding
· Reduces amount of green waste generated
Slow Release Fertilizers
· 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
Excels’ 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 Management
· See the section on water management and how it saves valuable resources, money and promotes healthy landscapes
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϯϱ

WATER MANAGEMENT

TRAINED IRRIGATION TECHNICIANS

TESTING & REPAIR

TROUBLE SHOOTING

SCHEDULING & ADJUSTMENTS

BUDGETING

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.

DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϯϲ

IRRIGATION TECH 1

TRAINED IRRIGATION TECHNICIANS
· An individual that shows the ability to repair all types of irrigation. · Has assisted an Irrigation Tech 2 for a minimum of six months. · 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 2

BASIC STEPS USED TO MANAGE & MONITOR PROPER WATER USE
IRRIGATION TECH 3
· 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.
· 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.

DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϯϳ

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.

TROUBLE SHOOTING
· Each Supervisor has state of the art electronic trouble shooting equipment for any problem that might arise.

Irrigation Service Truck
Calsense & Rain Master Remotes
Tracker
Pulser Cable Fault Locater
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϯϴ

SCHEDULING & 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.

BUDGETING
· A water 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.

REPORTING
· 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
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.

DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϯϵ

SCHEDULE OF CHARGES

SCHEDULE OF CHARGES
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϰϬ













































Joe Alfaro
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϰϯ

Joe Alfaro






DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϰϰ

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DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 ϰϲ

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 ϰϳ

BANK & BONDING LETTERS
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DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29

EXHIBIT B

EXHIBIT B

LIST OF SUBCONTRACTORS
NONE
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

FAXPHONE
(A/C, No):(A/C, No, Ext):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $

COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person) $

OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS

HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
$

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $

PER OTH-

STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

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.

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).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
7/30/2020
License # 0I22529
(951) 368-0664 (951) 368-0707
23434
Excel Landscape, Inc.
1185 Magnolia Ave., #E400
Corona, CA 92879
34630
A 1,000,000
X X A0133421004 8/1/2020 8/1/2021 500,000
5,000
1,000,000
3,000,000
2,000,000
1,000,000A
X X A0133421001 8/1/2020 8/1/2021
3,000,000A
A0133421005 8/1/2020 8/1/2021 3,000,000
0 B
EXWC114133 4/1/2020 4/1/2021 1,000,000
Y 1,000,000
1,000,000
* 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.

City of Lake Elsinore
Attn: Public Works Department
521 N. Langstaff Street
Lake Elsinore, CA 92530
EXCELAN-01 JAMIEO
Gallant Risk & Insurance Services, Inc.
4160 Temescal Canyon Rd., #402
Corona, CA 92883
Jamie Osorio
[email protected]
Middlesex Insurance Company
Oak River Insurance Company
X
X
X
X
X
X
X
X
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29

Page 1 of 1 ends

A0133421
Middlesex Insurance Company
© Insurance Services Office, Inc., 2008
POLICY NUMBER: 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
A0133421004
Name Of Person Or Organization:

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

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
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.

DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29

Page 1 of 2 ends

A0133421
Middlesex Insurance Company
© Insurance Services Office, Inc., 2012
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
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
CG 20 10 04 13
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
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.

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 All locations per written contract, agreement or permit Description:

All jobs performed that have a written contract,
agreement or permit
A0133421004
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits
of Insurance shown in the
Declarations.
© Insurance Services Office, Inc., 2012 CG 20 10 04 13Page 2 of 2 A0133421
Middlesex Insurance Company
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29

Page 1 of 1 ends

A0133421
Middlesex Insurance Company
© Insurance Services Office, Inc., 2012
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
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
CG 20 37 04 13
Name Of Additional Insured Person(s)
Or Organization(s)
Location And Description Of Completed
Operations
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 III - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits
of Insurance shown in the
Declarations.

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 All locations and jobs performed that have a written
contract, agreement or permit
A0133421004
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 Named Insured:

Endorsement Effective Date:

Name(s) Of Person(s) Or Organization(s):

COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

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.

POLICY NUMBER: A0133421001

SCHEDULE
Information required to complete this Schedule, if not shown above, will be shown in the Declarations. © Insurance Services Office, Inc., 2011
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
Excel Landscape Inc
08/01/2020

Page 1 of 1 ends

A0133421
Middlesex Insurance Company
00001 0000000000 19211 0 N1 43ccc0c0-f948-46db-ba98-d8ac510278ce43ccc0c0-f948-46db-ba98-d8ac510278ce 0027020044351317051492879572433 DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29 POLICY NUMBER:

SCHEDULE

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
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.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

A. Each person or organization shown in the
Schedule is an "insured" for Covered Autos
Liability Coverage, but only to the extent that
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in:
(1) Paragraph A.1. of Section II - Covered Autos
Liability Coverage in the Business Auto and
Motor Carrier Coverage Forms; or
(2) Paragraph D.2. of Section I - Covered Autos
Coverages of the Auto Dealers Coverage
Form.

B. Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other auto insurance issued
to the person or organization in the schedule
under your policy provided that:
(1) The person or organization is a Named Insured
under such other insurance; and
(2) Prior to the “accident” you have agreed in
writing in a contract or agreement that this
insurance would be primary and would not
seek contribution from any other insurance
available to the person or organization.

A0133421001

Page 1 of 1 ends

A0133421
Middlesex Insurance Company
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29

CITY OF LAKE ELSINORE

TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:

Business Location:

Owner Name(s):

BUSINESS LICENSE NO.

Issue Date: Expiration Date:

BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
710 RIMPAU STE 108 Business Type:

CORONA, CA 92879
EXCEL LANDSCAPE, INC.
1185 MAGNOLIA AVE STE E-400
CORONA, CA 92879-3218
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.

Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124
EXCEL LANDSCAPE, INC.

JOSE ALFARO

LANDSCAPING CONTRACTOR
004404
5/1/2020 4/30/2021
DocuSign Envelope ID: ECE01888-44D7-4B31-9CCC-646CF515DE29

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