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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 Docusign Envelope ID: 242E508D-AAF0-4947-A4B1-B9C5EC4C79F6 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
Docusign Envelope ID: 242E508D-AAF0-4947-A4B1-B9C5EC4C79F6 3/17/2025 | 3:20 PM CDT
3/17/2025 | 2:11 PM PDT
3 8
5 2
7 Assistant City Manager
Attachments: Exhibit A-3 – Contractor ’s Proposal
Docusign Envelope ID: 242E508D-AAF0-4947-A4B1-B9C5EC4C79F6 EXHIBIT A-1
CONTRACTOR ’S PROPOSAL
[ATTACHED]
Docusign Envelope ID: 242E508D-AAF0-4947-A4B1-B9C5EC4C79F6 Docusign Envelope ID: 242E508D-AAF0-4947-A4B1-B9C5EC4C79F6 Docusign Envelope ID: 242E508D-AAF0-4947-A4B1-B9C5EC4C79F6 Docusign Envelope ID: 242E508D-AAF0-4947-A4B1-B9C5EC4C79F6 Docusign Envelope ID: 242E508D-AAF0-4947-A4B1-B9C5EC4C79F6 Docusign Envelope ID: 242E508D-AAF0-4947-A4B1-B9C5EC4C79F6 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?
INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :
POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND 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-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #
COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE 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 PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE 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 onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
7/30/2024
License # 0M63276(951) 368-0700(951) 368-070723434Excel Landscape, Inc.1185 Magnolia Ave., #E400Corona, CA 9287925496 A 1,000,000XXA01334210048/1/20248/1/2025500,0005,0001,000,0003,000,0002,000,0001,000,000A XXA01334210018/1/20248/1/20253,000,000A A01334210058/1/20248/1/20253,000,0000B T102413264/1/20244/1/20251,000,000Y 1,000,0001,000,000 Job # 7721Re: 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 ElsinoreAttn: Public Works Department521 N. Langstaff StreetLake Elsinore, CA 92530 EXCELAN-01ASHUNN
Gallant Risk and Insurance Services, LLC4160 Temescal Canyon Rd. Suite 214Corona, CA 92883Middlesex Insurance CompanyStarStone National Insurance Company X
X XXXXXX
Docusign Envelope ID: 242E508D-AAF0-4947-A4B1-B9C5EC4C79F6
Docusign Envelope ID: 242E508D-AAF0-4947-A4B1-B9C5EC4C79F6 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: 08/01/2024
Name Of Person(s) Or Organization(s):
Any person or organization you are required to add as an additional insured under a written contract or agreement in effect prior to any accident, injury, loss or damage Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Each person or organization shown in the
Schedule is an "insured" for Covered Autos
Liability Coverage, but only to the extent that
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in:
(1) Paragraph A.1. of Section II - Covered Autos
Liability Coverage in the Business Auto and
Motor Carrier Coverage Forms; or
(2) Paragraph D.2. of Section I - Covered Autos
Coverages of the Auto Dealers Coverage
Form.
B. Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other auto insurance issued
to the person or organization in the schedule
under your policy provided that:
(1) The person or organization is a Named Insured
under such other insurance; and
(2) Prior to the “accident” you have agreed in
writing in a contract or agreement that this
insurance would be primary and would not
seek contribution from any other insurance
available to the person or organization.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
A0133421001
A0133421
Middlesex Insurance Company
00001 0000000000 22210 0 N1 4c9cb5b1-a664-4e05-b188-f7802c569abd4c9cb5b1-a664-4e05-b188-f7802c569abd 24-25
Docusign Envelope ID: 242E508D-AAF0-4947-A4B1-B9C5EC4C79F6 Named Insured:
Endorsement Effective Date:
Name(s) Of Person(s) Or Organization(s):
POLICY NUMBER: A0133421001 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
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 required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived
prior to the "accident" or the "loss" under a contract
with that person or organization.
© Insurance Services Office, Inc., 2011
Excel Landscape Inc
08/01/2024
A0133421
Middlesex Insurance Company
00001 0000000000 22210 0 N1 0b4a9ea6-53fa-4cde-9f54-f29054d2dac20b4a9ea6-53fa-4cde-9f54-f29054d2dac2 Docusign Envelope ID: 242E508D-AAF0-4947-A4B1-B9C5EC4C79F6
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 revenuepurposes 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 t he state, county, feder al 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
5/1/2024 4/30/2025
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/ Docusign Envelope ID: 242E508D-AAF0-4947-A4B1-B9C5EC4C79F6