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C36581 Extension LMA6 906-20
X CONTRACT NO. 66581 STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: April 25, 2019 PREPARED BY: Randy Chavez, Landscape Supervisor REQUEST: Approve Contract No. C36581, Amendment No. 1 to Contract No. C36580 with Horizon Professional Landscape for Landscape Maintenance Area (LMA) No. 6 in the amount of $88,992, and include repair work and services in an amount not to exceed $25,000 (Project No. 906-20). Recommendation By Minute Motion: 1. Approve the first one-year extension to Contract No. C36580 with Horizon Professional Landscape for LMA No. 6 in the amount of $88,992; 2. Authorize the City Manager to approve extra repair work and services in an amount not to exceed $25,000; and 3. Authorize the City Manager to execute Contract No. C36581, Amendment No. 1 to Contract No. C36580. Funds are available in Account No. 4414195-4332000, R/M Desert Willow. Strateqic Plan Obiective The Parks and Recreation Priority 1 Goal is highlighted with this project. The Priority 1 Goal mandates that our park system be maintained in a high -quality state. Background Contract No. C36580 was awarded to Horizon Professional Landscape, Inc., by the City Council on May 10, 2018, for a term of one year, with an option for up to four one-year extensions. LMA No. 6 is one of the three, high frequency, service -based maintenance areas in the City. It consists of perimeter, median, and parkway landscape of Desert Willow's main roads. Desert Willow is host to a wide range of special events and activities, so it must be in excellent condition at all times. April 25, 2019 - Staff Report Contract No. C36581, Amendment No. 1 to Contract C35680 with Horizon Professional Landscape for LMA No. 6 (Project No. 906-20) Page 2 of 2 This contract is set to expire on June 30, 2019, and Horizon Professional Landscape has agreed to a one-year contract extension, commencing July 1, 2019. However, due to the increase in the State's mandated minimum wage and other related costs, they are requesting a three percent (3%) increase of $216.00 per month ($2,592 per year). Based on Horizon Professional Landscape's acceptable performance, staff finds the request to be reasonable. The new total contract amount will be $88,992 per year ($7,416 per month). Repair work and services cover unquantifiable activities necessary for landscape maintenance, which are not part of the landscape maintenance contract. This includes, but is not limited to, repair and replacement of irrigation equipment; repair, maintenance, and replacement of lighting equipment; emergency tree work; replacement of trees and shrubs; pest control; and accident and vandalism repair and replacement. The amount of extra services in this contract is higher than other contracts for similar services in the City due the requirement to address maintenance and repair issues immediately. It is critical that unexpected repairs at Desert Willow be addressed in a timely manner, including weekends. As one of the City's premier destinations, there is an expectation that the site will be functioning and presentable and that issues are addressed immediately regardless of when they arise. Fiscal Analvsis The contract amount is included within the Fiscal Year 2019-2020 operating budget; therefore there is no anticipated fiscal impact. LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER REVIEW N/A Robert W. Hargreaves Tom Garcia, P.E. et Moore Lauri Aylaian City Attorney Director of Public Works Director of Finance City Manager CONTRACTOR: Horizon Professional Landscape 48-727 Charlton Peak Coachella, California 92236 ATTACHMENTS: Contract No. C36581, Amendment No. 1 to Contract No. C36580 Payment and Performance Bonds Contractor's Acceptance Letter Certificate of Insurance Vicinity Map of LMA No. 6 CONTRACT NO. C36581 FIRST AMENDMENT TO CONTRACT NO. C36580 WHEREAS, the City of Palm Desert ("City") and Horizon Professional Landscape, Inc., ("Contractor"), entered into an agreement, May 10, 2018, for Landscape Maintenance Area No. 1 ("Agreement"), the parties wish to amend the Agreement effective July 1, 2019. NOW, THEREFORE, the parties agree as follows: A. Term is amended to add the following paragraph to the end of the existing section, as amended. "The term of this Agreement is extended, and shall include the time period from July 1, 2018, through June 30, 2019." B. The Amount of the contract will increase by the sum of two thousand five hundred ninety-two and 00/100 dollars ($2,592.00) for a total annual contract price of $88,992. C. All other terms and conditions of the Agreement shall remain unchanged, and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the 25th day of April 2019. CITY OF PALM DESERT A Municipal Corporation Lauri Aylaian, City Manager City of Palm Desert Attest: Rachelle D. Klassen, City Clerk CITY OF PALM DESERT, CALIFORNIA Approved as to Form: Robert W. Hargreaves, ESQ. City Attorney HORIZON PROFESSIONAL LANDSCAPE, INC. Contractor Approved as to Content: Tom Garcia, P .E. Director of Public Works CONTRACT NO. C36581 CONTRACTOR NOTARY ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) } SS County of Riverside ) On , 20 before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) CONTRACT NO. C36581 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Horizon Landscape Professional hereinafter designated as the "Principal", a contract for: LANDSCAPE MAINTENANCE AREA NO. 6 PROJECT NO. 906-20 CONTRACT NO. C36581 WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE., the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of Eighty -Eight Thousand Nine Hundred Ninety -Two and 00/100 Dollars ($88,992.00), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force an effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by the City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if the Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by a defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of the Contractor remains. Nothing CONTRACT NO. C36581 herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever the Contractor shall be, and is declared by the City to be in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: a. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or b. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages, for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to the Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. c. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages, for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to the Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligation in the event of default by the Contractor. Surety shall not utilize the Contractor in completing the Project nor shall Surety accept a bid from the Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to the Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice to any such change extension of time, alteration or addition to the terms of the Contract Documents or to the Project. CONTRACT NO. C36581 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named on this day of , 20 (Corporate Seal) Contractor/Principal Title: (Corporate Seal) Surety Attorney -in -Fact Signatures of those signing for the Contractor/Principal must be notarized and evidence of corporate authority attached. (Attach Attorney -in -Fact Certificate) Title: The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (The above must be filled in by corporate surety) Signatures of those signing for the Contractor/Principal and Surety must be notarized and evidence of corporate authority attached. A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto. IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM Any claims under this bond may be addressed to; Surety Agent or Representative for service of process In y California If different than Surety Name: Name: Address: City/State/Zip Code: Telephone No.: Address: City/State/Zip Code: Telephone No.: NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. CONTRACT NO. C36581 SURETY ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public CONTRACT NO. C36581 PRINCIPAL ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public CONTRACT NO. C36581 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "City") has awarded to Horizon Professional Landscape. Inc. (hereinafter designated as the "CONTRACTOR/PRINCIPAL") an agreement dated April 25, 2019 described as follows: (LANDSCAPE MAINTENANCE AREA NO. 6, Proiect Number 906- 20, Contract No. C36581) (hereinafter referred to as the "Contract"); and WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said Contract, and pursuant to Section 9100 of the California Civil Code; WHEREAS, said Principal is required to furnish a bond in connection with said Contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW, THEREFORE, we, ,the undersigned CONTRACTOR, as Principal, and a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop payment notices under Section 9100 of the California Civil Code, in the sum of Eiqhtv-Eight Thousand Nine Hundred Ninetv-Two and 00/100 Dollars ($88,992.00), said sum being not less than one hundred percent (100%) of the total amount payable by the said City under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of said CONTRACTOR and his or its Subcontractors pursuant to Revenue and Taxation Code Section 18663 with respect to such work and labor the Surety or CONTRACT NO. C36581 Sureties hereon will pay for the same in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorney's fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in the Civil Code Section 9100 as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification, in, to or of any contract plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and the original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that the claimant is a person described in the Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of Sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAVCONTRACTOR: (Typed Name of Principal/Contractor) SURETY: By: By: (Signature) (Signature to be Notarized) (Typed Name and Title) The rate of premium on this bond is $ (Typed Name of Surety) (Signature of Attorney -in -Fact) (Signature to be Notarized) (Typed Name of Attorney -in -Fact) per thousand. CONTRACT NO. C36581 The total amount of premium charged: $ (The above must be filled in by corporate surety) IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). Signatures of those signing for the Principal/Contractor and Surety must be notarized and evidence of corporate authority attached. A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto THIS IS A REQUIRED FORM Any claims under thlsbond.may be addressed.to; Agent or Representative for service of Surety process in California if different than Surety Name: Name: Address: Address: City/State/Zip Code: City/State/Zip Code: Telephone No.: Telephone No.: CONTRACT NO. C36581 SURETY ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. County of On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public CONTRACT NO. C36581 PRINCIPAL ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public HORIZON PROFESSIONAL LANDSCAPE 48727 Charlton Peak Coachella, CA 92236 CA LIC # 799029 Ph (760) 333-9371 Fax (760) 398-2250 Hello Randy. We gladly accept to renew the contract of Landscape Maintenance For LMA 6 for the year 2019-2020. We would like to apply a 3% increase based on the following reason: The contract has 216 allocated hours manpower per month. This 3% allow us to give the laborers an average of $1.00 dollar per hour wage increase for the year. The total increase would be: $216.00 increase per month (based on current contract price $7,200.00 dlls). $7,416.00 new monthly price starting July 1, 2019 $2,592.00 total increase for the FY 19/20. $88,992.00 total contract price for FY 22019-2020 Respectfully Rafael Mendoza 0 CERTIFICATE OF LIABILITY INSURANCE I DATE (MN{IDOM/Yn 11-27-2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) 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 endgrsement(s). PRODUCER CONTACT Carlos G Torres J J Insurance Services & Associate's Corp. P� � _ 760=772-4455 -- F(,x. U 760-772-4470 _ dba:Carlos Torres Insurance Services Solutions A� brookesins@yahoo.com_ -- _— — 77920 Country Club Dr Suite 6-2 — — INSURER(S) AFFORDING COVERAGE _ NAIC 0 Palm Desert Ca 92211 INSURER A: Financial Indemnity Insurance Company INSURED INSURER B : Rafael Mendoza INSURER C : dba:Hor)zon Professional Landscape INSURERD: 48727 Chariton Peak St wsURM E Coachella Ca 92236 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - — _ AD01.13UBR LTR TYPE OF INSURANCE , POLICY NUMBER POLICY EFF IMMIDD/YYYY) POLICY EXP (MMIDOIYYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S � CLAIMS -MADE n OCCUR UAMA 't IQ KtN- tU PREMISES (Es occurrences ' I MED EXP (Any one person)- - S i PERSONAL & ADV INJURY. $ GENt AGGREGATE LIMIT APPLIES PER PER: GENERAL GENERAL AGGREGATE POLICY ❑ JECT LOC i PRODUCTS - COMPIOP_AGG_ S_—__-- OTHER: S AUTOMOBILE LIABILITY — I COMBINED SINGLE LIMIT $ 1,000,0000 ._ -LE.�o-2entl ------------------ -- X ANY AUTO BODILY INJURY (Par person) $ OWNED A AUTOS ONLY SCHEDULED AUTOS 3898751-03 09/24/2018 1 09/24/2019 - BODILY INJURY (Per accident) • $ _ — HIRED NON -OWNED —__ AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EXCESS LIAR HCLAIMS-MADE DED I I RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANYPROPR IETORIPARTN EWEXEC UTIVE OFFICERIMEMBER EXCLUDED? ❑ NIA (Mandatory In NH) M yes describe under DESCRIPTION OF OPERATIONS below PROPERTY DAMAGE $ S EACH OCCURRENCE ___S— AGGREGATE S PR -1 STATUTE._—LR_... _------------- -- E.L. E.L. DISEASE -EA EMPLOY_EE_S E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached I more apace to r"olred) Certificate holder listed as additional insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Palm Desert and it's Officers,Officials,Employees ACCORDANCE WITH THE POLICY PROVISIONS. Agents and Volunteers AUTHORIZEDREPRESENTATNE 73510 Fred Waring Drive Palm Desert Ca 92211 I 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 383$751 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Rafael Mendoza dba Horizon Professional Landscape Endorsement Effective Date: 9/24/2018 SCHEDULE Name(s) Of Person(s) Or Organization(s): CITY OF PALM DESERT AND ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization City of Palm Desert, CA; It's Officers, Agents, Employees and Volunteers 73-510 Fred Waring Drive Palm Desert CA 92260 Job Description Job Address: 44331 San Pablo Ave, Palm Desert CA 92260 Start Date: 02/20/2018 Duration: Till policy ends Work being performed: Irrigation, installation, gravel and soil to garden boxes # of insured's EEs: 4 Est. Payroll: $13,000 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 07-30-2016 Policy No. FLA006545-01 Endorsement No. 2 Insured Insurance Company Mendoza, Rafael (An Individual) Falls Lake Fire & Casualty Company ACORIY DATEIMMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE I 01-28-2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT -NAM_. _ Carlos G Torres J J Insurance Services 8 Associate's Corp. PHONE 760 772 4455 _— — - LL1 N l: 760-772-4470 dba:Carios Torres Insurance Services Solutions E-MAIL s: brookesins®yahoo.com 77920 Country Club Dr Suite 6-2 --_ INSURER(S) AFFO-RDING COVERAGE NAIC S -' ... .... .. Palm Desert Ca 92211 INSURER A: Security National Insurance INSURED INSURER B : AI ' Rafael Mendoza u+surtE13 c - ------- -- ---- - -- - --- - - t - dba:Horizon Professional Landscape INSURER D : 48727 Charlton Peak St INSURER E: Coachella Ca 92236 INSURER F : COVERAGES CERTIFICATE NUMBER- REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR. L - POLICYEFF POLICY EXP I LTR TYPE OF INSURANCE I m POLICY NUMBER fMMIOD/YYYYI IMMIDDIYYYYI LIMITS X COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE S 1,000,000 --� CLAIMS -MADE II X OCCUR PREMISES La_oa�x_rsncel- --I i. 100.000 j ME_D E_XP_(Any one person) +S 5,000 A ! NA104709907 1 02/04/2019 02/04/2020 PERSONAL 3 ADV INJURY $ 1,000,000 GEN.L AGGREGATE LIMIT APPLIES PER I GENERAL AGGREGATE S 2,000,000 PRO- POLICY rX JECT C_ _ LOC ---..------ ---- --0.0 ..-..... - . i I PRODUCTS • COMP/OP AGG S 2,000,000 I OTHER I S AUTOMOBILE LIABILITY I I COMBINED SINGLE LIMIT S X I ANY AUTO I BODILY INJURY (Per person S ); ( - OWNED �.._.....I SCHEDULED - -- - -------------1...__. - . -- I BODILY INJURY (Per amdenq, S _ AUTOS ONLY ( AUTOS f HIRED 1 NON -OWNED I IS AUTOS ONLY AUTOS ONLY 1 I UMBRELLA LIAR I OCCUR ti EXCESS L1AB -i - ! CLAIMS _MADE DIED 1 RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANYPROPRIETORIPARTNER/EXECUTIVE i OFF ICERIMEMBEREXCLUDED ❑ ;NIA! (Mandatory In NH) If yecri s. desbe under DESCRIPTION OF OPERATIONS below ;S EACNOCCURRENCE S 4,000,000 EBU060718128 ; 07/01/2018 07/01/2019 AGGREGATE ,S 4,000,000 --.._......_._----- -------. -----__. _.. I S --- I PER OTH. l..__l.STATUTE-_.... 1ER.- E -L.EACH ACCIDENT E L DISEASE - EA EMPLOYEE: S .... E L DISEASE - POLICY LIMIT I S i I , i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD lot, AddKlonol Remarks Schedule, may be attached It more space Is required) Certificate holder listed as additional insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE VILL BE DELIVERED IN City of Palm Desert and It's Officers, Officials. Employees ACCORDANCE WITH THE POLICY PROVISIONS. Agents and Volunteers AUTHORIZED REPRESENTATIVE 73510 Fred Waring Drive Palm Desert Ca 92260 01988-201'5 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSUREDS - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy Number: NA104709907 Endorsement Effective: 1/25/2019 12:01 a.m Named Insured Countersigned y: RAFAEL MENDOZA LEE � /J I (e 0HORIZON PROFESSIONAL LANDSCAPE �/ SCHEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy. Location. - (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section fl — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added. 2. Exclusions 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 site 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. C. The words "you" and "your" refer to the Named Insured shown in the Declarations. D. "Your work" means work or operations performed by you or on your behalf, and materials, parts or equipment furnished in connection with such work or operations. Primary Wordina If required by written contract or agreement. Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. Waiver of Subrogation If required by written contract or agreement. We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. 49-0108 07 11 May Include Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 1 Used with permission Policy Number: Date Entered: 07/23/2018 ACORO® I DATE IMMIDD/YYYY) `� CERTIFICATE OF LIABILITY INSURANCE 7/30/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), 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 terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER I CONTACT The Hulett Agency NAME: 13959 Saddlewood Drive PHOIAIC,NE I: (858) 618-5442 (A/C.No): (858) 616-5444 Poway, CA 92064 ADDRESS: hulettagency@sbcglobal.net INSURERS) AFFORDING COVERAGE NAIL 0 INSURED Horizon Professional Landscape Rafael Mendoza 48727 Charlton Peak St Coachella, CA 92236 INSURER A: Falls Lake Fire 6 Casualty Company INSURER 8 INSURER C INSURER D : INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER IMMIDDIYYYYI IMMIDDIYYYYI COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO- JECT LOC OTHER AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB I OCCUR EXCESS LIAR Ll CLAIMS -MADE FIDED FI RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N A ANY PROPRIETOR/PARTNER/EXECUTIVE OFF ICER/MEMBER EXCLUDED? © NIA (Mandatory In NH) If es, describe under DESCRIPTION OF OPERATIONS below EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL 3 ADV INJURY $ GENERAL AGGREGATE S PRODUCTS - COMP/OP AGG S S COMBINED SINGLE LIMIT S (Ea accident) BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ PROPERTY DAMAGE S (Per accident) S EACH OCCURRENCE s AGGREGATE S S OTH- XPER STATUTE ER FLA006545-01 7/30/2018 7/30/2019 EL EACH ACCIDENT $ 1 , 000, 000 E L DISEASE - EA EMPLOYEE S 1 , 000 , 000 E L DISEASE - POLICY LIMIT $ 1 , 000 , 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) Waiver of Subrogation Attached CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Palm Desert ACCORDANCE WITH THE POLICY PROVISIONS. 73-510 Fred Waring Dr. Palm Desert, CA 92250-2578 AUTHORIZED REPRESENTATIVE X�pp�`/Ta[r (I,/I c I \ IJ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Produced using Forms Boss Plus software. www.FormsBoss.com; Impressive Publishing800-208-1977 LANDSCAPE AREA 6 LEGEND - LMA 6 low Palm Desert Parcels City Boundary 1, 8 l INCH = 800 FEET r Lz Ad