HomeMy WebLinkAboutFD B Street Demonstration Garden4. Time for Completion. Contractor will fully complete the Work within 365 days from the date the
City authorizes Contractor to proceed with the Work ("Contract Time").
5. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time,
Contractor must pay liquidated damages in the amount of $0 per day for each day of unexcused delay in
completion.
6. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of
care applicable to the same type of work in the City of San Rafael. Contractor must promptly correct, at
Contractor's sole expense, any Work that the City determines is deficient or defective.
7. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the
term of this Contract, all appropriate permits, certificates and licenses including, but not limited to, the
required California contractor's license and a City business license.
8. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold
harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and
volunteers (the "Indemnitees") from and against any and all third party liability, demands, loss, damage,
claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees,
and costs and fees of litigation) (collectively, "Liability") arising out of or in connection with the acts or
omissions of Contractor, its employees, subcontractors, representatives, or agents in performing the Work
of failing to comply with any obligation of Contractor under this Contract, except such Liability caused by
the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnification
obligation is not limited by any limitation on the amount or type of damages or compensation payable
under Workers' Compensation or other employee benefit acts, or by insurance coverage limits, and will
survive the expiration or early termination of this Contract. City will notify Contractor of any third -party
claim pursuant to Public Contract Code section 9201.
9. Insurance. Contractor will, at all times under this Contract, maintain the insurance coverage
required in this section to cover the activities of Contractor and any subcontractors relating to or arising
from performance of the Work. Each policy must be issued by a company licensed to do business in
California, and with a strength and size rating from A.M. Best Company of A -VIII or better. Contractor
must provide City with certificates of insurance and required endorsements as evidence of coverage with
the executed Contract, or through the PINSAdvantage website https://www.ninsadvantage.com/ upon
request by the City, and before the City authorizes Contractor to proceed with the Work.
9.1 Workers' Compensation. Statutory coverage is required by the California Workers'
Compensation Insurance and Safety Act. If Contractor is self-insured, it must provide its duly authorized
Certificate of Permission to Self -Insure. In addition, Contractor must provide employer's liability insurance
with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease.
9.2 Liability. Commercial General Liability ("CGL") insurance issued on an occurrence basis,
including coverage for liability arising from Contractor's or its subcontractor's acts or omissions in
performing the Work, including Contractor's protected coverage, blanket contractual, products and
completed operations, broad form property damage, vehicular coverage, and employer's non -ownership
liability coverage, with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate.
9.3 Automotive. Commercial automotive liability coverage for owned, non -owned and hired
vehicles must provide coverage of at least $2,000,000 combined single limit per accident for bodily injury,
death, or property damage.
9.4 Subrogation Waiver. Each required policy must include an endorsement that the insurer
waives any right of subrogation it may have against the City or the City's insurers.
B Street Demonstration Garden Up to $175,000 Contract
City Project #: <enter proj no.> Page 2
Approved by City Attorney, dated 03/28/2022
9.5 Required Endorsements. The CGL policy and the automotive liability policy must include
the following specific endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and
consultants (collectively, "Additional Insured") must be named as an additional insured for all
liability arising out of the operations by or on behalf of the named insured, and the policy
must protect the Additional Insured against any and all liability for personal injury, death or
property damage or destruction arising directly or indirectly in the performance of the
Contract.
(2) The inclusion of more than one insured will not operate to impair the rights of one
insured against another, and the coverages afforded will apply as though separate policies
have been issued to each insured.
(3) The insurance provided is primary and no insurance held or owned by City may be
called upon to contribute to a loss ("primary and non-contributory").
(4) Any umbrella or excess insurance must contain or be endorsed to contain a provision
that such coverage will also apply on a primary or non-contributory basis for the benefit of
City before the City's own insurance or self-insurance will be called upon to protect it as a
named insured.
(5) This policy does not exclude explosion, collapse, underground excavation hazard, or
removal of lateral support.
10. Labor Code Compliance. Unless the Contract Price is $1,000 or less, the Contract is subject to
all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section
1720, and the related regulations, including but not limited to requirements pertaining to wages, working
hours and workers' compensation insurance. Contractor must also post all job site notices required by
laws or regulations pursuant to Labor Code section 1771.4.
10.1 Prevailing Wages. Each worker performing Work under this Contract that is covered under
Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in
sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City Engineer's
office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775,
Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or
portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying
each worker the difference between the applicable wage rate and the amount actually paid.
10.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a
legal day's work. Pursuant to Labor Code section 1813, Contractor will forfeit to City as a penalty the sum
of $25 for each day during which a worker employed by Contractor or any subcontractor is required or
permitted to work more than eight hours during any one calendar day, or more than 40 hours per
calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Work
must be carried out during regular City working days and hours unless otherwise specified in Exhibit A or
authorized in writing by City.
10.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records
in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by
the Department of Industrial Relations ("DIR"). For each payroll record, Contractor and its subcontractors
must certify under penalty of perjury that the information in the record is true and correct, and that it has
complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Contract Price
B Street Demonstration Garden Up to $175,000 Contract
City Project #: <enter proj no.> Page 3
Approved by City Attorney, dated 03/28/2022
is under $25,000, Contractor must electronically submit certified payroll records to the Labor
Commissioner as required under California law and regulations.
10.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the
apprenticeship requirements in Labor Code section 1777.5.
10.5 DIR Monitoring, Enforcement, and Registration. This Project is subject to compliance
monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the
exception set forth below, Contractor and any subcontractors must be registered with the DIR to perform
public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the
Contract Price is for under $25,000.
11. Workers' Compensation Certification. Under Labor Code section 1861, by signing this
Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code section 3700 which
require every employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the Work on this Contract."
12. Termination.
12.1 Termination for Convenience. City reserves the right to terminate all or part of the
Contract for convenience upon written notice to Contractor. Contractor reserves the right to terminate all
or part of the Contract for convenience upon ninety (90) days prior written notice to City. Upon receipt of
such notice, Contractor must: immediately stop the Work, including under any terms or conditions that
may be specified in the notice; comply with City's instructions to protect the completed Work and
materials; and use its best efforts to minimize further costs. In the event of City's termination for
convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the
Project. If City terminates the Contract for convenience, City will only owe Contractor payment for the
Work satisfactorily performed before Contract termination, as well as five percent of the total value of the
Work performed as of the date of notice of termination or five percent of the value of the Work yet to be
completed, whichever is less, which is deemed to cover all overhead and profit to date.
12.2 Termination for Default. The City may terminate this Contract for cause for any material
default. If City fails to timely pay any fees due under this Contract, and fails to cure such breach within
thirty (30) days after written notice from Contractor, then Contractor may elect to immediately terminate
this Agreement by written notice to the City. Contractor may be deemed in default for a material breach
of or inability to perform the Contract, including Contractor's refusal or failure to supply sufficient skilled
workers, proper materials, or equipment to perform the Work within the Contract Time; refusal or failure to
make prompt payment to its employees, subcontractors, or suppliers or to correct rejected work;
disregard of laws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the
Project; lack of financial capacity to complete the Work within the Contract Time; or responsibility for any
other material breach of the Contract requirements. If City terminates the Contract for cause, City will only
owe Contractor payment for the Work satisfactorily performed before Contract termination.
Notwithstanding anything to the contrary contained in this Contract, prior to exercising any rights
that City might have in the event of default or breach by Contractor under this Contract, City will give
written notice of such default to Contractor, and thereafter, Contractor will have a period of five (5) days
during which it shall have the right (but not the obligation) to cure such default or breach.
13. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the
dispute resolution procedures of Public Contract Code sections 9401 and 20104 et. seq., which are
incorporated by reference.
B Street Demonstration Garden Up to $175,000 Contract
City Project #: <enter proj no.> Page 4
Approved by City Attorney, dated 03/28/2022
14. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will
not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained herein, regardless of the character of any such breach.
15. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for
the Project for a period of one year, beginning upon City's acceptance of the Work for the Project as
complete ("Warranty Period"). During the Warranty Period, upon notice from the City of any defect in the
Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work
or materials, including repair or replacement of any other Work or materials that is or are displaced or
damaged during the warranty work, excepting any damage resulting from ordinary wear and tear.
16. Worksite Conditions.
16.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in
a clean and neat condition and must ensure it is safe and secure. On a daily basis the Contractor must
remove and properly dispose of debris and waste materials from the Work site.
16.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City.
16.3 Hazardous Materials. Unless otherwise specified in the Contract documents, this Contract
does not include the removal, handling, or disturbance of any asbestos or other hazardous materials, as
identified by any federal, state, or local law or regulation. If Contractor encounters materials on the
Project site that Contractor reasonably believes to be asbestos or other hazardous materials, and the
asbestos or other hazardous materials have not been rendered harmless, Contractor may continue Work
in unaffected areas reasonably believed to be safe, but must immediately cease Work on the area
affected and report the condition to City. No asbestos, asbestos -containing products or other hazardous
materials may be used in performance of the Work.
16.4 Utilities, Trenching and Excavation. As required by Government Code section 4215, if,
during the performance of the Work, Contractor discovers utility facilities not identified by City in the
Contract documents, Contractor must immediately provide written notice to City and the utility. In
performing any excavations or trenching work, Contractor must comply with all applicable operator
requirements in Government Code sections 4216 through 4216.5. If the trenching or excavation extends
deeper than four feet below the surface, then it must also comply with Public Contract Code section 7104.
17. Records. Unless otherwise specified in Exhibit A, Contractor must maintain and update a
separate set of as -built drawings while the Work is being performed, showing changes from the Work as
planned in Exhibit A, or any drawings incorporated into this Contract. The as -built drawings must be
updated as changes occur, on a daily basis if necessary.
18. Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have,
maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or
policy or in violation of any California law, including under Government Code section 1090 et seq. and
under the Political Reform Act as set forth in Government Code section 81000 et seq. and its
accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
19. Non -Discrimination. No discrimination will be made in the employment of persons under this
Contract because of the race, color, national origin, ancestry, religion, gender or sexual orientation of
such person.
20. Independent Contractor. City and Contractor intend that Contractor will perform the Work under
this Contract as an independent contractor. Contractor is solely responsible for its means and methods in
performing the Work. Contractor is not an employee of City and is not entitled to participate in health,
retirement or any other employee benefits from City.
B Street Demonstration Garden Up to $175,000 Contract
City Project #: <enter proj no.> Page 5
Approved by City Attorney, dated 03/28/2022
21. Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5,
Contractor and its subcontractors agree to assign to City all rights, title, and interest in and to all causes
of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright
Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, services, or materials pursuant to the Contract or any
subcontract. This assignment will be effective at the time City tenders final payment to Contractor,
without further acknowledgement by the parties.
22. Notice. Any notice, billing, or payment required by or pursuant to the Contract documents must
be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable
overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon
delivery unless otherwise specified. Notice for each party must be given as follows:
City:
Address: 1375 Fifth Avenue
City/State/Zip San Rafael, CA 94901
Phone: 415-485-3457
Attn: Calvin Schrader, Vegetation Management Specialist
Email: calvin.schrader@cityofsanrafael.org
Contractor:
Name: Brightview Landscape Services
Address: 160 Wikiup Dr #205
City/State/Zip: Santa Rosa, CA 95403
Phone: 925-354-8501
Attn: Loren Olson
Email: loren.alson()brightview.com
23. General Provisions.
23.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and
local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws,
conflict of interest laws, and local ordinances. Work may only be performed by qualified and experienced
workers who are not employed by the City and who do not have any contractual relationship with City,
with the exception of this Contract. City shall remain responsible for any water -conservation goals,
requirements, mandates, directives, legislation or rulings (collectively "Regulations"), as may be or
become in force at the property serviced by this Agreement. Nothing contained in this Agreement shall
serve to shift the burden of compliance with such Regulations on Contractor, or to imply or require that
Contractor will be responsible for any or all costs or damages associated with revising the irrigation
schedule to accommodate the Regulations (whether such revision has the net effect of less or more
irrigation). Contractor is not an agent of the City; City alone shall be responsible for any failure to comply
with the Regulations or any of them, any damage caused by or allegedly caused by efforts to comply with
or incorporate the Regulations, any and all claims, damages, actions, enforcement proceedings,
penalties, assessments, tenders of defense or indemnity asserted by any party.
23.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the
Contract is deemed to be inserted, and the Contract will be construed and enforced as though such
provision has been included. If it is discovered that through mistake or otherwise that any required
provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly.
23.3 Assignment and Successors. Contractor may not assign its rights or obligations under
this Contract, in part or in whole, without City's written consent. This Contract is binding on Contractor's
and City's lawful heirs, successors and permitted assigns.
B Street Demonstration Garden Up to $175,000 Contract
City Project #: <enter proj no.> Page 6
Approved by City Attorney, dated 03/28/2022
23.4 Third Party Beneficiaries. There are no intended third -party beneficiaries to this Contract.
23.5 Governing Law and Venue. This Contract will be governed by California law and venue
will be in the Superior Court of Marin County, and no other place.
23.6 Amendment. No amendment or modification of this Contract will be binding unless it is in a
writing duly authorized and signed by the parties to this Contract.
23.7 Integration; Severability. This Contract and the Contract documents incorporated herein,
including authorized amendments or change orders thereto, constitute the final, complete, and exclusive
terms of the agreement between City and Contractor. If any provision of the Contract documents, or
portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of
the Contract documents will remain in full force and effect.
23.8 Authorization. Each individual signing below warrants that he or she is authorized to do so
by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor
is a corporation, signatures from two officers of the corporation are required pursuant to California
Corporation Code section 313.
[Signatures are on the following page.]
B Street Demonstration Garden
City Project #: <enter proj no.>
Approved by City Attorney, dated 03/28/2022
Up to $175,000 Contract
Page 7
The parties agree to this Contract as witnessed by the signatures below:
CITY: Approved as to form:
s/ -'+1 s/ iw a,&� V
JI CHU Z, City Mana a ROBER F.I EPISTEIJN,,}City Attney
DAate..' /f —Z Date:
Attest:
s/
LIN❑ AY LARA, City Clerk
Date: _. t� - IS - 2 [7--L 2
CONTRACTOR: Brightview Landscape Services, Inc.
ss Name
s/ -:p Seal:
Karine' Stuimer/Group VP
Name/Title
Date: 10/27/22
s/
Name/Title
Date:
Contractor's California License Number(s) and Expiration Date(s)
Exhibit A: Scope of Work
Exhibit B: Bond Forms
Exhibit C: Noncollusion Declaration
Exhibit D: Bid Schedule
Exhibit E: Subcontractor List
B Street Demonstration Garden
City Project #: <enter proj no.>
END OF CONTRACT
Approved by City Attorney, dated 03/28/2022
Up to $175,000 Contract
Page 8
<enter project name>
City Project #: <enter proj no>
Exhibit A
SCOPE OF WORK
Approved by City Attorney, dated 03/28/2022
Up to $175,000 Contract
Scope of Work
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t' Hibi I H
August 16, 2022
BrightView Page 1 of
Landscape Services
Proposal for Extra Work at
8-16-2022 Community Center Landscape Renovation
Property Name 8-16-2022 Community Center Contact Calvin Schrader
Landscape Renovation
Property Address 618 B St, To City of San Rafael
San Rafael, CA 94901 Billing Address 1375 Fifth Ave
San Rafael, CA 94901
Project Name 8-16-2022 Community Center Landscape Renovation
Project Description Bee Pollinator/ Fire-scape demonstration garden
Scope of Work
The purpose of this proposal is to identify the costs associated with the renovation of the
landscape at the San Rafael Community Center. The proposal is based on a value
engineered version of the plan specs.
1) The proposal is inclusive of all specified details for irrigation and soils. Planting
Quantities are reduced by 25%, and rock mulch products have been changed to a less
expensive product.
2) Errors and omissions may exist.
3) The proposal assumes there are existing irrigation sleeves to all proposed landscape
areas.
4) The proposal assumes the existing water source is viable and adequate for the
proposed irrigation system.
QTY UoM/Size
Material/Description
Total
............. ...... ..................... I ..... ........... .......... ......... .........................
Mobilization, equipment, safety set-up, project managment
........................ ..............
$7,044.73
1.00 LUMP SUM
Trencher Rental
specifications and fine grade before plant installation
1.00 LUMP SUM
Skid Loader
49.00 CUBIC YARD
1.00 LUMP SUM
Excavator
existing tree locations
30.00 DAY
Job Site Safety Management
5.00 EACH
Meetings with Landscape Architect, client, inspectors
Demolition and site preparation
$28,892.58
Provide labor to remove remaining stumps and surface
48.00 MAN HOUR
roots from trees that were removed. Includes soil
decompaction, and rough grading for entire site.
48.00 MAN HOUR
Provide labor to install soils and amendments per plan
specifications and fine grade before plant installation
Provide 50 Cubic yards of organic compost mulch to
49.00 CUBIC YARD
blend with native soils and leave as top dressing at all
existing tree locations
20.00 CUBIC YARD
Provide 30 cubic yards of specified Ruth Bancroft soil
blend for mineral mounds per plan
THIS IS NOT AN INVOICE
This proposal is valid for thirty (30) days unless otherwise approved by Contractors Senior Vice President
160 Wikiup Dr#205, Santa Rosa, CA 95403 ph (800) 925-957-88 fax
t/\Hlbl I A
BrightView e
wmd—a 5 --
Proposal for Extra Work at
8-16-2022 Community Center Landscape Renovation
1.00 EACH
Green Waste Disposal container
Irrigation installation prior to soil and amendment install
72.00 MAN HOUR
Provide labor only for main line, controller, wires, and sub
421600000
lateral install.
1.00 LUMP SUM
Provide materials for mainline and sub laterals.
Drip Line installation prior to planting
Provide labor to install subsurface drip irrigation per plan
64.00 MAN HOUR
specs in all planting areas prior to installation of plant
material.
1.00 LUMP SUM
Provide materials for in line drip irrigation to be installed
per plan specs.
Planting
Misc. 1 gallon plants as specified on plan spec sheet. 4"
583.00 EACH materials are quoted as 1 gallon. Some substitutions
may be necessary based on availability of specified
materials at time of project
Misc. 5 gallon plants as specified on plan spec sheet.
148.00 EACH Some substitutions may be necessary based on
availability of specified materials at time of project.
Misc. 15 gallon plants as specified on plan spec sheet.
7.00 EACH Some substitutions may be necessary based on
availability of specified materials at time of project.
Rock and Mulches
40.00 CUBIC YARD Provide 40 cubic yards of 3/8" Tuscany Round Pebbles
and install per plan specs.
25.00 CUBIC YARD Provide 25 cubic yards of 2" - 3" Crushed Rock
30.00 CUBIC YARD Provide 30 cubic yards of Decomposed Granite Mulch -
Blue DG Fines
For internal use only
SO#
7873652
JOB#
421600000
Service Line
130
August 16, 2022
Page 2 of 4
$20,224.22
$14,714.68
$28,604.92
$26,177.47
Total Price $125,658.60
THIS IS NOT AN INVOICE
This proposal is valid for thirty (30) days unless otherwise approved by Contractors Senior Vice President
160 Wkiup Dr#205, Santa Rosa, CA 95403 ph (800) 925957-88 fax
tAH1b1 i H
TERMS & CONDITIONS
I. The Contractor shall recognize and perform in accordance win written terms written
specifications and drawings only contained or referred to herein All materials shall conform
to bid specifications
Work Force Contractor shall designate a qualified representative with experience in
landscape me es intenance/conslruction upgrador when applicable in tree management
The workforce shall be competent and qualified and shall be legally authorized to work in
the U S
3. License and Permits Contractor shall maintain a Landscape Contractor's license if
required by State or local law and will comply with all other license requirements of the
City State and Federal Governments, as w e I I a4 an ptrrar requlremTrHs pr¢ss
f law tfr
otherwise agreed upon by the parries or prohibited by law Customer shall be required to
obtain all necessary and required permits to allow the commencement of the Services on
the property
a Taxes Contractor agrees to pay all applicable taxes including sales tax where applicable
on material supplied
5, Insurance Contractor agrees to provide General Liability Insurance .Automotive Liability
Insurance Worker's Compensation Insurance and any other insurance required by law or
Customer, as specified in writing prior to commencement of work If not specified,
Contractor will furnish insurancewith S1 000 OW limit of liability
e, Uobi kty Contractor shall indemnify the Customer and its agents and employees from and
against any third -party liabilities that arse out of Contractor's work to the extent such
liabilities are adjudicated to have been caused by Contractor's negligence or willful
msconduct Contractor shall not be liable for any damage that occurs from Acts of God
defined as thosecaused by windstorm hail fire flood earthquake hurricane and freezing
etc Under these circumstances- Contractor shall have the right to renegotiate the terms
and prices of this Contract within sixty (60) days Any illegal trespass claims and/or
damages resulting from work requested that is not on property owned by Customer or not
underCuslomer management and control shall be the sole responsibility of the Customer
7, Subcontractors, Contractor reserves the right to hire qualified subcontractors to
perform specialized functions or work requiring specialized equipment
a Additional Services Any additional work not shown in the above specifications
involving extra casts will be executed only upon signed written orders. and will become
an extra charge over and above the esti mate
J Access to Jobsite Customer shall provide all utilities to perform the work Customer
shall furnish access to all parts or jobsite where Contractor is to perform work as required
by the Contract or other functions r e I a t e d thereto during normal business hours and
other reasonable periods of time Contractorwnll perform the work as reasonably practical
after the Customer makes [he site available for performance of the work
10 Payment Terms Upon signing this Agreement Customer shall pay Contractor 50%of the
Proposed Price and the remaining balance shall be paid by Customer to Contractor upon
completion of the project unless otherwise agreed to in writing
11 Termination This Work Order may be termnated by the ether party with or without cause,
upon seven (7) workdays advance written notice Customer will be required to pay for all
materials purchased and work complete to the date of termination and reasonable charges
incurred in demobilizing
August 16, 2022
Page 3 of 4
14 Cancellation Notice of Cancellation of work must be recerved in writing before the
crew is dispatched to their location or Customer will be liable for a minimum travel
charge of $150 00 and billed to Customer
The following sections shall apply where Contractor provides Customer with tree care
services
15 Tree 8 Stump Removal Trees removed will be cut as close to the ground as possible
based an conditions to of next to the bottom of the tree trunk Additional charges will be
levied for unseen hazards such as, but not I m[ed to concrete brick filled trunks metal
rods etc If requested mechanical grinding of visible tree stump will be done to a defined
width and depth below ground level at an additional charge to the Customer Defined
backfill and landscape material may be specified Customer shall be responsible for
contacting Underground Service Alert to locate underground utility lines prior to start of
work Contractors not responsible damage done to underground utihliessuch as but not
limited to cables, wires, pipes, and irrigation pads Contractor will repair damaged
irrigation lines at the Customer's expense
la Waiver of Liability Requests for crown thinning in excess of twenty-five percent (25%)
or work not in accordance with ISA (international Society of Arboricultural) standards will
require a signed waiver of liability
Acceptance of this Contract
By executing this document Customer agrees to the formation of a binding contract and to the
terms and conditions set forth herein Customer represents that Contractor s authorized to
perform the work stated on the face of this Contract If payment has not been received by
Contractor per payment terms hereunder Contractor shall be entitled to all costs of collection
including reasonable attorneys' fees and it shall be relieved of any obligation to continue
performance under this or any other Contract with Customer Interest at a per annum rale of
1 5% per month (18% per year) or the highest rate permitted by law may be charged on unpaid
balance 15 days after billing
NOTICE FAILURE TO MAKE PAYMENT WHEN DUE FOR COMPLETED WORK ON
CONSTRUCTION JOBS MAY RESULT IN A MECHANIC'S LIEN ON THE TITLE TO YOUR
PROPERTY
Customer
Vegitation Managmenl
Calvin Schrader August 16, 2022
BrightView Landscape Services, Inc. "Contractor'
Enhancement Manager
Loren Olson August16,2022
Job #: 421600000
12 Assignment The Customer and the Contractor respectively, bind themselves. their SO #: 7873652 Proposed Price: $125,658.60
partners successorsassignees and legal representative to the other parry with respect
to all covenants of this Agreement Neither the Customer nor the Contractor shall assign
or transfer any interest inthis Agreement without the written consent of the other provided
however, that consent shall not be required to assign this Agreement to any company
which controls, is controlled by or is under common control with Contractor or in
connection with assignment to an affiliate or pursuant to a merger sale of all or
substantially all or its assets or egmty securities consolidation change of control or
corporate reorganization
13 Disclaimer This proposal was estimated and priced based upon a site visit and visual
inspection from ground level using ordinary means at or about the time this proposal was
prepared The price quoted in this proposal f o r the work described, is the result or that
ground level visual Inspection and therefore our company will not be liable for any
additional costs or damages for additional work not described herein, or liable for any
incidentsraccidents resulting from conditions that were not ascertainable by said ground
level visual inspection by ordinary means at the time said inspection was performed
Contractor cannot be held responsible for unknown or otherwise In i d d e n defects Any
corrective work proposed herein cannot guarantee exact results Professional engineering.
architectural, and/or landscape design services ('Design Services') are not included in
this Agreement and shall not be provided by the Contractor Any design defects in the
Contract Doc umenls are the sole responsibility of the Customer it the Customer must
engage a licensed engineer, architect and/or landscape design professional any costs
concerning these Design Services are to be paid by the Customer directly to the designer
involved
tAH1b1 I A
Exclusions And Qualifications
Personnel/ Working Hours
•
This Proposal is based upon personnel working normal daytime hours, 8 hour work day, 40 hour work week.
Proposal excludes working in an ineffective manner (rain, unsafe working conditions, etc.)
•
BrightView is an open shop contractor, non -signatory to any labor agreements.
•
This Proposal is based on non -prevailing wage and non-union labor rates.
•
This proposal is based on performing the work in one continuous operation and includes one mobilization of
equipment, tools and resources to and from site.
Utilities, Traffic Control, and Permitting
•
BrightView excludes any permits or applicable fees in this proposal. Permits and fees, if required, are to be
supplied and paid for by others including street closure and traffic control plans.
•
Permanent or temporary Water meter fees, permits, installation and cost for water not included in proposal.
•
BrightView Landscape Maintenance, Inc. is not responsible for underground or overhead utilities or their re-
routing.
•
BrightView is not responsible for unmarked private utilities.
•
A minimum of (48) hour notice prior to mobilization must be provided for proper underground utility marking,
etc. in public areas.
•
The owner shall be responsible for identifying and marking all underground utilities within in the work site.
•
BrightView shall accept no responsibility for damage to any unmarked underground utilities.
Scope of Work/ Project Specifications
•
No import or export soils are provided for in this proposal except as noted in the scope of work. All planting
spoils to be used on-site.
•
Equipment access roads and level crane pads are to be provided at the time of installation and approved by
BrightView prior to mobilization.
•
Any and all concrete or asphalt cutting, demolition, removal and replacement to be performed by others.
•
Hardscape, electrical, surveying, metal work or waterproofing or any other scope not specified in this
proposal are excluded.
•
No demolition work is provided for in this proposal except as noted in the scope of work.
•
BrightView will receive the site clean and free of weeds and construction debris and in finish graded
condition (plus or minus 1 /10th foot)
•
Site is to be readily accessible by smooth bucket skip loader, forklift, and workmen with hand tools, semi -
truck and trailer.
•
Cutting, patching or penetration of planter walls is excluded. Coring of structures has not been included. All
necessary penetrations into existing planters, sealing of these penetrations, etc. to be by others.
■
Waterproofing, protection boards, and topping slabs shall be completed, in place and tested by others prior
to mobilization.
•
Specified plant materials are subject to availability at the time of construction.
Irrigation
•
BrightView shall be given sufficient notice to place irrigation sleeves prior to paving, curbing or wall footings
being poured.
•
No hardscape (asphalt, concrete, etc.) cutting for purposes of installing irrigation piping, wires, etc. is
provided in this proposal.
•
Irrigation to be taken from provided point of connection. Water meter installation excluded.
•
Irrigation to be installed per plan. Any necessary irrigation modifications to be billed at time and materials.
•
Power (110v) P.O.C. for irrigation controller will be provided by the others.
•
BrightView will warranty the irrigation system, with regards to material and workmanship for (90) days post-
installation.
Warranty
• BrightView shall Warranty all shrubs, ground cover and vines for a period of (90) days. Specimen trees for a
period of one (1) year.
• Warranty does not extend beyond the natural life cycle of the plant material. (E.G. annual color, perennials,
biennials, etc.)
Exhibit B
BONDFORMS
Required for contracts over $25,000.
<enter project name>
City Project #: <enter proj no.>
Approved by City Attorney, dated 03/28/2022
Up to $175,000 Contract
Bond Forms
Payment Bond
City of San Rafael ("City") and ("Contractor") have entered into a
contract, dated -20 ("Contract") for work on the
("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond").
1. General. Under this Bond, Contractor as principal and
its surety ("Surety"), are bound to City as obligee in an amount not less than
$, under California Civil Code sections 9550, et seq.
2. Surety's Obligation. If Contractor or any of its subcontractors fails to pay any of the
persons named in California Civil Code section 9100 amounts due under the
Unemployment Insurance Code with respect to work or labor performed under the
Contract, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of Contractor and its
subcontractors, under California Unemployment Insurance Code section 13020, with
respect to the work and labor, then Surety will pay for the same.
3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California
Civil Code section 9100, so as to give a right of action to those persons or their assigns in
any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond
upon request by any person with legal rights under this Bond.
4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and
equipment furnished for use in the performance of the Work required by the Contract, in
conformance with the time requirements set forth in the Contract and as required by
California law, Surety's obligations under this Bond will be null and void. Otherwise,
Surety's obligations will remain in full force and effect.
5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or
extensions of time for performance of the Work under the Contract. Surety waives the
provisions of Civil Code sections 2819 and 2845. City waives requirement of a new bond
for any supplemental contract under Civil Code section 9550. Any notice to Surety may be
given in the manner specified in the Contract and delivered or transmitted to Surety as
follows:
Attm
Address:
City/State/Zip:
Phone:
Fax:
Email:
6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant
to this Bond will be venued in the Superior Court of Marin County, and no other place.
Surety will be responsible for City's attorneys' fees and costs in any action to enforce the
provisions of this Bond.
<enter project name>
City Project #: <enter proj no.>
Approved by City Attorney, dated 03/28/2022
Up to $175,000 Contract
Payment Bond
7. Effective Date; Execution. This Bond is entered into and is effective on
20_. Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY:
Business Name
s/
Name/Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR:
Business Name
s/
Name/Title
s/
Name/Title
APPROVED BY CITY:
s/
ROBERT F. EPSTEIN, City Attorney Date
<enter project name>
City Project #: <enter proj no.>
END OF PAYMENT BOND
Approved by City Attorney, dated 03/28/2022
Up to $175,000 Contract
Payment Bond
Performance Bond
City of San Rafael ("City") and ("Contractor") have entered into a
contract, dated , 20 ("Contract") for work on the
("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond").
General. Under this Bond, Contractor as Principal and , its
surety ("Surety"), are bound to City as obligee for an amount not less than $
By executing this Bond, Contractor and Surety bind themselves and their respective heirs,
executors, administrators, successors and assigns, jointly and severally, to the provisions of this
Bond.
2. Surety's Obligations; Waiver. If Contractor fully performs its obligations under the Contract,
including its warranty obligations under the Contract, Surety's obligations under this Bond will
become null and void upon City's acceptance of the Project, provided Contractor has timely
provided a warranty bond as required under the Contract. Otherwise Surety's obligations will
remain in full force and effect until expiration of the one year warranty period under the Contract.
Surety waives any requirement to be notified of and further consents to any alterations to the
Contract made under the applicable provisions of the Contract documents, including changes to the
scope of Work or extensions of time for performance of Work under the Contract. Surety waives
the provisions of Civil Code sections 2819 and 2845.
3. Application of Contract Balance. Upon making a demand on this Bond for completion of the
Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for
completion of the Work under the Contract. For purposes of this provision, the Contract Balance is
defined as the total amount payable by City to Contractor as the Compensation minus amounts
already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which
City is entitled under the terms of the Contract.
4. Contractor Default. Upon written notification from City that Contractor is in default under the
Contract, time being of the essence, Surety must act within seven calendar days of receipt of the
notice to remedy the default through one of the following courses of action:
4.1 Arrange for completion of the Work under the Contract by Contractor, with City's consent,
but only if Contractor is in default solely due to its financial inability to complete the Work;
4.2 Arrange for completion of the Work under the Contract by a qualified contractor
acceptable to City, and secured by performance and payment bonds issued by an admitted
surety as required by the Contract documents, at Surety's expense; or
4.3 Waive its right to complete the Work under the Contract and reimburse City the amount
of City's costs to have the remaining services completed.
5. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover
all costs it incurs due to Surety's default, including legal, design professional, or delay costs.
6. Notice. Notice to Surety must be given or made in writing and sent to the Surety via personal
delivery, U.S. Mail, or a reliable overnight delivery service, or by email as a PDF (or comparable)
file. Notice is deemed effective upon delivery unless otherwise specified. Notice for the Surety
must be given as follows:
<enter project name>
City Project #: <enter proj no.>
Approved by City Attorney, dated 03/28/2022
Up to $175,000 Contract
Performance Bond
Attn :
Address:
City/State/Zip:
Phone:
Fax:
Email:
7. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this
Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be
responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond.
8. Effective Date; Execution. This Bond is entered into and effective on
20 . Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY:
Business Name
s/
Name/Title [print]
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR:
Business Name
s/
Name/Title
s/
Name/Title
APPROVED BY CITY:
s/
ROBERT F. EPSTEIN, City Attorney
<enter project name>
City Project #: <enter proj no.>
END OF PERFORMANCE BOND
Approved by City Attorney, dated 03/28/2022
Date
Up to $175,000 Contract
Performance Bond
Bid Bond
("Bidder") has submitted a bid,
dated 20 (`Bid"), to the City of San Rafael ("City') for work on
the ("Project'). Under this duly executed bid bond ("Bid Bond"), Bidder as Principal and
, its surety ("Surety"), are bound to City as obligee in the penal sum
of ten percent of the maximum amount of the Bid (the "Bond Sum"). Bidder and Surety bind themselves
and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as
follows:
General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with
City in accordance with the terms of the Bid.
2. Submittals. Within ten days following issuance of the Notice of Award to Bidder, Bidder must
submit to City the following:
2.1 Contract. The executed Contract, using the form provided by City in the Project contract
documents ("Contract Documents");
2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a
surety licensed to do business in the State of California using the Payment Bond form
included with the Contract Documents;
2.3 Performance Bond. A performance bond for 100% of the maximum Contract Price,
executed by a surety licensed to do business in the State of California using the Performance
Bond form included with the Contract Documents; and
2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the Contract
Documents, and any other documents required by the Instructions to Bidders or Notice of
Award.
3. Enforcement. If Bidder fails to execute the Contract and to submit the bonds and insurance
certificates as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond
Sum to City. Any notice to Surety may be given in the manner specified in the Contract and
delivered or transmitted to Surety as follows:
Attn:
Address
City/State/Zip:
Phone:
Fax:
Email:
4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation
will be null and void; otherwise it will remain in full force and effect for 60 days following the bid
opening or until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the
provisions of Civil Code §§ 2819 and 2845.
<enter project name>
City Project #: <enter proj no.>
[Signatures are on the following page.]
Approved by City Attorney, dated 3/28/2020
Up to $175,000 Contract
Bid Bond
This Bid Bond is entered into and effective on .20
SURETY:
Business Name
s/
Name, Title
Date
(Attach Acknowledgment with Notary Seal and Power of Attorney)
BIDDER:
Business Name
s/
Name, Title
<enter project name>
City Project M <enter proj no.>
Date
END OF BID BOND
Approved by City Attorney, dated 3/28/2020
Up to $175,000 Contract
Bid Bond
Exhibit C
NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the [title] of _
[business name], the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has
not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has
not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in
a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the bidder or any other
bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All
statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid
price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to
any corporation, partnership, company, association, organization, bid depository, or to any member or
agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or
entity for such purpose.
This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.0 §
112.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct and that this declaration is executed on [date], at
[city], [state].
s/
Name [print]
<enter project name>
City Project #: <enter proj no.>
END OF NONCOLLUSION DECLARATION
Approved by City Attorney, dated 3/28/2022
Up to $175,000 Contract
Noncollusion Declaration
Exhibit D
BID SCHEDULE
This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be
provided for each Bid Item as indicated. Items marked "(SW)" are Specialty Work that must be performed
by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether
direct or indirect, including profit and overhead. The sum of all amounts entered in the "Extended Total
Amount' column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form.
AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds
LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs.)
BID
ITEM
NO.
ITEM DESCRIPTION EST. QTY.
UNIT
UNIT
COST
EXTENDED
TOTAL AMOUNT
1
i
TOTAL BASE BID: Items 1 through inclusive: $
Note: The amount entered as the "Total Base Bid" should be identical to the Base Bid amount entered in
Section 1 of the Bid Proposal form.
<enter project name>
City Project #: <enter proj no.>
Approved by City Attorney, dated 3/28/2022
Up to $175,000 Contract
Bid Schedule
This Bid Proposal is hereby submitted on
s/
s/
Company Name
Address
City, State, Zip
Contact Name
20
Name and Title
Name and Title
License #, Expiration Date, and Classification
Phone
Contact Email
Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued
for this Bid. Bidder waives any claims it might have against the City based on its failure to receive,
access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following
addenda:
Addendum: Date Received. Addendum: Date Received:
#01 #05
#02 _ #06
#03 #07
#04 #08
END OF BID SCHEDULE
<enter project name> Up to $175,000 Contract
City Project #: <enter proj no.> Bid Schedule
Approved by City Attorney, dated 3/28/2022
Exhibit E
SUBCONTRACTOR LIST
For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1 %
of the bidder's total Contract Price,' the bidder must list a description of the Work, the name of the
Subcontractor, its California contractor license number, the location of its place of business, its DIR
registration number, and the portion of the Work that the Subcontractor is performing based on a
percentage of the Base Bid price.
DESCRIPTION
OF WORK
SUBCONTRACTOR; CALIFORNIA
NAME CONTRACTOR
LICENSE NO.
LOCATION OF DIR REG. NO.
BUSINESS
I
PERCENT
OF
WORK
i
i
END OF SUBCONTRACTOR LIST
For street or highway construction this requirement applies to any subcontract of $10,000 or more,
<enter project name>
City Project #: <enter proj no.>
Approved by City Attorney, dated 3/28/2022
Up to $175,000 Contract
Subcontractor List
Bond No. K4156684A
Performance Bond
City of San Rafael ("City") and Brightview Landscape Services, Inc. ("Contractor") have entered into a
contract, dated October 13 , 20 22 ("Contract") for work on the B Street Demonstration Garden Project
("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond").
General. Under this Bond, Contractor as Principal and Federal Insurance Company , its
surety ("Surety"), are bound to City as obligee for an amount not less than $� _ S 125 658.60_
By executing this Bond, Contractor and Surety bind themselves and their respective heirs,
executors, administrators, successors and assigns, jointly and severally, to the provisions of this
Bond.
2. Surety's Obligations; Waiver. If Contractor fully performs its obligations under the Contract,
including its warranty obligations under the Contract, Surety's obligations under this Bond will
become null and void upon City's acceptance of the Project, provided Contractor has timely
provided a warranty bond as required under the Contract. Otherwise Surety's obligations will
remain in full force and effect until expiration of the one year warranty period under the Contract.
Surety waives any requirement to be notified of and further consents to any alterations to the
Contract made under the applicable provisions of the Contract documents, including changes to the
scope of Work or extensions of time for performance of Work under the Contract. Surety waives
the provisions of Civil Code sections 2819 and 2845.
3. Application of Contract Balance. Upon making a demand on this Bond for completion of the
Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for
completion of the Work under the Contract. For purposes of this provision, the Contract Balance is
defined as the total amount payable by City to Contractor as the Compensation minus amounts
already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which
City is entitled under the terms of the Contract.
4. Contractor Default. Upon written notification from City that Contractor is in default under the
Contract, time being of the essence, Surety must act within seven calendar days of receipt of the
notice to remedy the default through one of the following courses of action:
4.1 Arrange for completion of the Work under the Contract by Contractor, with City's consent,
but only if Contractor is in default solely due to its financial inability to complete the Work;
4.2 Arrange for completion of the Work under the Contract by a qualified contractor
acceptable to City, and secured by performance and payment bonds issued by an admitted
surety as required by the Contract documents, at Surety's expense; or
4.3 Waive its right to complete the Work under the Contract and reimburse City the amount
of City's costs to have the remaining services completed.
5. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover
all costs it incurs due to Surety's default, including legal, design professional, or delay costs.
6. Notice. Notice to Surety must be given or made in writing and sent to the Surety via personal
delivery, U.S. Mail, or a reliable overnight delivery service, or by email as a PDF (or comparable)
file. Notice is deemed effective upon delivery unless otherwise specified. Notice for the Surety
must be given as follows:
<enter project name>
City Project #: <enter proj no.>
Approved by City Attorney, dated 03/28/2022
Up to $175,000 Contract
Performance Bond
Attn: Janette Fu
Address: 555 S Flower Strep! 3rd Floor
City/State/Zip: Los Angeles QA 71
Phone: 213-612-5502
Fax: N/A
Email: Janette f i(fthubb com
Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this
Bond will be venued in the Superior Court of Marin County, and no other place. Surety will be
responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond.
8. Effective Date; Execution. This Bond is entered into and effective on November 1
20 22 . Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY: Federal Insurance C
Business Name
s/
Susan A Welsh Attorney -in -Fact
Nome/Title [print]
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR: Brightview Landscape Services Inc.
Business Name
s/
Nicholas Kertesz, Attorne -in-Fa t
Name/Title
s/
Name/Title
APPROVED BY CITY:
s/ & , W C&J;
ROBE7 F. EPSTEIN, City A torney
<enter project name>
City Project #: <enter proj no.>
END OF PERFORMANCE BOND
Approved by City Attorney, dated 03/28/2022
Date
Up to $175,000 Contract
Performance Bond
CALIFORNIA ALL-PURPOSE 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 Illinois
County of Cook
On Ist day of November, 2022, before me, Sandra M. Winsted,_Notm Public, personally
appeared Susan A. Welsh 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 myd and official seal.
Signature
Signature of Notary Public
OFFICIAL SEAL
SANO A M W4NSTF-0
NQTAFty PUBLIC, STATE OF IWNOIS
COOK COUNTY
My COMMISSION EXPIRESIRES I ti 12BI2025
�
CALIFORNIA ALL-PURPOSE 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 Illinois
County of Cook
On 1 st day of November, 2022, before me, Sandra M. Winsted, Notary Public, personally
appeared Nicholas Kertesz 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 ha iidland official seal.
Signature
Signature of Notary Public
OFFICIAL SEAL
SANDRA M WINSTED
NOTARY PUBLIC, STATE OF IW
NOIS
COOK COUNTY
MY COMMISSION EXPIRES 11/28/2025
Limited Power of Attorney
BrightView Holdings, Inc. of 980 Jolly Road, Blue Bell, PA 19422, Federal Employer Tax Identification
Number 46-4190788, hereby constitutes and appoints, jointly and severally, the following employees of
certain subsidiaries of Aon plc ("Aon"), as identified below, its true and lawful attorney -in fact, only upon
BrightView's prior written consent, to execute and apply a corporate seal to all surety bonds issued on
behalf of each of the subsidiaries of BrightView Holdings, Inc. listed on Exhibit A attached hereto:
Aon Emraiovee Aon Subsidiary
Los Angeles Aon Risk Services West, Inc.
Meghan Hanes
Rosa Rivas
Tracy Aston
Philadelphia Aon Risk Services Northeast, Inc.
George Gionis
Sara Owens
Sean Dent
New York Aon Risk Services Northeast, Inc.
Frances Rodriguez
Chicago Aon Risk Services Central, Inc.
Jennifer L. Jakaitis
Nicholas Kertesz
This Power -of -Attorney shall become effective upon the signing of this document and shall remain in
effect until terminated by either party upon ten (10) days written notice.
IN WITNESS WHEREOF, the signing party below affirms his/her authority to sign this Designation of
Representative and grant the powers contained therein.
Dated: February 14, 2022
Name: Katriona Knaus
Title: Treasurer
sworn to and subscribed before rre
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Exhibit A
BrightView Landscape Services, Inc. (California)
BrightView Landscape Services, Inc. (Texas)
BrightView Landscape Services, Inc. (Arizona)
BrightView Landscape Services, Inc. (Colorado)
BrightView Landscape Services, Inc. (Florida)
BrightView Landscape Services, Inc. (Georgia)
BrightView Landscape Services, Inc. (Nevada)
BrightView Landscapes, LLC
BrightView Tree Care Services, Inc.
BrightView Golf Maintenance, Inc.
CHUBB°
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company I ACE American Insurance Company
Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY
COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania,
do each hereby constitute and appoint Corinne Chapman, Samantha Chierici, Jessica B. Dempsey, Derek J. Elston, Rachel Fore, Kristin L Hannigan,
Jennifer L. Jakaitis, Nicholas Kertesz, Judith A. Lucky-Eftimov, James B. McTaggart, Christopher T. Moser, Nicholas Pantazis, Roger Paraison,
Christina L. Sandoval, Bartlomiej Siepierski, Jean Torres, Christopher P. Troha, Aerie Walton, Susan A. Welsh and Sandra M. Winsted
of Chicago, Illinois
each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon
or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments
amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY
and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 11th day of October, 2022.
Dawn AJ. Chloros. Assistzint Secretary
*(O(MIZO
STATE OF NEW JERSEY
County of Hunterdon
Stephen M. Haney. Vice President
*12 �), — .
0 19 0
On this 11f day of October, 2022 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice
President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE
AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn,
severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT
INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals
thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such
officers were duly affixed and subscribed by like authority.
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016;
WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20,2009:
"RESOLVED, that the following authorizations relate to the execution, for and on behalfof the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company
entered into in the ordinarycourse ofbusiness (each a "Written Commitment"):
(1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment forand on behalfof the Company, under the seal
of the Company or otherwise.
(2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalfof the Company, under the seal of the Company orotherwise,
to the extent thatsuch action is authorized by the grantof powers provided for in such person's written appointment as such attorney-in-fact
(3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, forand on behalfofthe Company, to appointin writing any person the attorney-in-
fact of the Company with full power and authority to execute, for and on behalfofthe Company, under the sealofthe Company orotherwise, such Written Commitments ofthe Company
as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written
Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalfof the Company, to delegate in writing to any other officer of the
Company the authority to execute, forand on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written
delegation, which specification may be by general type or class of Written Commitments or by specification of one ormore particular Written Commitments,
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalfof the
Company, and such Resolution sha II not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested."
I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
(ii) the foregoing Power of Attorney is true, correct and in full force and effect
Given under my hand and seals of said Companies at Whitehouse Station, NJ, this 14 �y
41�y C r Ab
,1r? 19el Z-4,01 �,2
Davin A1.Chioros.AssistantSecreta
IN THE EVENT YOU WISH To VERI FY THE AUTHENTICITY OF THIS BOND OR NOTIFY UC OF ANY OTHER MATTER, PLEASE CONTACT US AT:
Telephone 908 903-3493 Fax 908 903.3558 a -mall: sura Whubb.com
Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19)
Notarial Seal
KATHERINEJ.NEW
NOTARY PUBLIC
FTa�Yr
� �
JE
OF NEW JERSEY
pll6 LIC
No. 2319885
Commission Expires Jury 16, 2024 NGIary Pualle iz
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016;
WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20,2009:
"RESOLVED, that the following authorizations relate to the execution, for and on behalfof the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company
entered into in the ordinarycourse ofbusiness (each a "Written Commitment"):
(1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment forand on behalfof the Company, under the seal
of the Company or otherwise.
(2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalfof the Company, under the seal of the Company orotherwise,
to the extent thatsuch action is authorized by the grantof powers provided for in such person's written appointment as such attorney-in-fact
(3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, forand on behalfofthe Company, to appointin writing any person the attorney-in-
fact of the Company with full power and authority to execute, for and on behalfofthe Company, under the sealofthe Company orotherwise, such Written Commitments ofthe Company
as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written
Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalfof the Company, to delegate in writing to any other officer of the
Company the authority to execute, forand on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written
delegation, which specification may be by general type or class of Written Commitments or by specification of one ormore particular Written Commitments,
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalfof the
Company, and such Resolution sha II not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested."
I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
(ii) the foregoing Power of Attorney is true, correct and in full force and effect
Given under my hand and seals of said Companies at Whitehouse Station, NJ, this 14 �y
41�y C r Ab
,1r? 19el Z-4,01 �,2
Davin A1.Chioros.AssistantSecreta
IN THE EVENT YOU WISH To VERI FY THE AUTHENTICITY OF THIS BOND OR NOTIFY UC OF ANY OTHER MATTER, PLEASE CONTACT US AT:
Telephone 908 903-3493 Fax 908 903.3558 a -mall: sura Whubb.com
Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19)
Bond No. K4156684A
Payment Bond
City of San Rafael ("City") and 9M9hlviawLandscape 5eMms.Inc ("Contractor") have entered into a
contract, dated October 13 , 20 22 ("Contract") for work on the B Street Demonstration Garden Project
("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond").
1. General. Under this Bond, Contractor as principal and Federal Insurance Company
its surety ("Surety"), are bound to City as obligee in an amount not less than
$ $125-65860 , under California Civil Code sections 9550, et seq.
2. Surety's Obligation. If Contractor or any of its subcontractors fails to pay any of the
persons named in California Civil Code section 9100 amounts due under the
Unemployment Insurance Code with respect to work or labor performed under the
Contract, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of Contractor and its
subcontractors, under California Unemployment Insurance Code section 13020, with
respect to the work and labor, then Surety will pay for the same.
3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California
Civil Code section 9100, so as to give a right of action to those persons or their assigns in
any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond
upon request by any person with legal rights under this Bond.
4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and
equipment furnished for use in the performance of the Work required by the Contract, in
conformance with the time requirements set forth in the Contract and as required by
California law, Surety's obligations under this Bond will be null and void. Otherwise,
Surety's obligations will remain in full force and effect.
5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or
extensions of time for performance of the Work under the Contract. Surety waives the
provisions of Civil Code sections 2819 and 2845. City waives requirement of a new bond
for any supplemental contract under Civil Code section 9550. Any notice to Surety may be
given in the manner specified in the Contract and delivered or transmitted to Surety as
follows:
Attn: Janette Fu
Address: 555 S Mower Slreet, 3rd Floor
City/State/Zip: Los Angeles. CA 90071
Phone. 213-612-5502
Fax: N/A
Email: janette.fura2chubb.com
6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant
to this Bond will be venued in the Superior Court of Marin County, and no other place.
Surety will be responsible for City's attorneys' fees and costs in any action to enforce the
provisions of this Bond.
<enter project name>
City Project #: <enter proj no.>
Approved by City Attorney, dated 03/28/2022
Up to $175,000 Contract
Payment Bond
Effective Date; Execution. This Bond is entered into and is effective on November 1_,
2022. Three identical counterparts of this Bond, each of which is deemed an original for all
purposes, are hereby executed and submitted.
SURETY: Federal Insurance Co
Business Name
[y
SI -Su, 4_a"-
Susan
A. Welsh, Attorney -in -Fact
Name/Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR: Brightyiew Landscape Services. Inc.
Business Name
Nicholas Kertesz. Attorne -in-Fact
Name/Title
s/
Name/Title
APPR,OP BY CITY:
s/ U I JU b Q�'�
�►I�z;-z,
ROBERT F. EPSTEIN, City Attorney Date
<enter project name>
City Project #: <enter proj no.>
END OF PAYMENT BOND
Approved by City Attorney, dated 03/28/2022
Up to $175,000 Contract
Payment Bond
CALIFORNIA ALL-PURPOSE 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 Illinois
County of Cook
On l't day of November, 2022, before me, Sandra M. Winsted. Notary Public, personally
appeared Nicholas Kertesz 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 ha 4/md official seal.
Signature
Signature of Notary Public
- OFFICIAL SEAL
SANDRA M WINSTED
N0TAI3y PUBLIC. STATE OF ILLINOIS
COOK COUNTY
my COMMISSION EXPIRES 1112612025
CALIFORNIA ALL-PURPOSE 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 Illinois
County of Cook
On 1 st day of November, 2022, before me, Sandra M. Winsted Notary Public, personally
appeared Susan A. Welsh 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
Signature of Notary Public
OFFICIAL SEAL
SANDRA M WINSTED
NOTARY PUBLIC, STATE OF ILUNO 3
COOK COUNTY
MY COMMISSION EXPIRES 11/28/2025
Limited Power of Attorney
BrightView Holdings, Inc. of 980 Jolly Road, Blue Bell, PA 19422, Federal Employer Tax Identification
Number 46-4190788, hereby constitutes and appoints, jointly and severally, the following employees of
certain subsidiaries of Aon plc ("Aon"), as identified below, its true and lawful attorney -in fact, only upon
BrightView's prior written consent, to execute and apply a corporate seal to all surety bonds issued on
behalf of each of the subsidiaries of BrightView Holdings, Inc. listed on Exhibit A attached hereto:
Aon_ Employee Aon Subsidiary
Los Angeles Aon Risk Services West, Inc.
Meghan Hanes
Rosa Rivas
Tracy Aston
Philadelphia Aon Risk Services Northeast, Inc.
George Gionis
Sara Owens
Sean Dent
New York Aon Risk Services Northeast, Inc.
Frances Rodriguez
Chicago Aon Risk Services Central, Inc.
Jennifer L. Jakaitis
Nicholas Kertesz
This Power -of -Attorney shall become effective upon the signing of this document and shall remain in
effect until terminated by either party upon ten (10) days written notice.
IN WITNESS WHEREOF, the signing party below affirms his/her authority to sign this Designation of
Representative and grant the powers contained therein.
Dated: February 14, 2022
By: V L ---
Name: Katriona Knaus
Title: Treasurer
Swum to and subscribed before me
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Exhibit A
BrightView Landscape Services, Inc. (California)
BrightView Landscape Services, Inc. (Texas)
BrightView Landscape Services, Inc. (Arizona)
BrightView Landscape Services, Inc. (Colorado)
BrightView Landscape Services, Inc. (Florida)
BrightView Landscape Services, Inc. (Georgia)
BrightView Landscape Services, Inc. (Nevada)
BrightView Landscapes, LLC
BrightView Tree Care Services, Inc.
BrightView Golf Maintenance, Inc.
CHUBPER'
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company I ACE American Insurance Company
Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY
COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania,
do each hereby constitute and appoint Corinne Chapman, Samantha Chierici, Jessica B. Dempsey, Derek J. Elston, Rachel Fore, Kristin L Hannigan,
Jennifer L. Jakaitis, Nicholas Kertesz, Judith A. Lucky-Eftimov, James B. McTaggart, Christopher T. Moser, Nicholas Pantazis, Roger Paraison,
Christina L. Sandoval, Bartlomiej Siepierski, Jean Torres, Christopher P. Troha, Aerie Walton, Susan A. Welsh and Sandra M. Winsted
ofChicago, Illinois---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalfas surety thereon
or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments
amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY
and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 11th day of October, 2022.
acss,s�l"s�. as
Daum %I. Chloros. AssistanI Secretary
STATE OF NEW JERSEY
County of Hunterdon
Stephen M. Honey. Vice President
*fra�)
,-, (001to
On this 110 day of October, 2022 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice
President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE
AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn,
severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT
INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals
thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such
officers were duly affixed and subscribed by like authority.
Notarial Seal q
q`Tpq KATHERINEO NEW
NOTARY PUBLIC OF NEW JERSEY
No. 2316585
Pfl9LtC A&==—
COMMISSIon Expires July 16, 2024 RtYN&
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016;
WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20,2009:
"RESOLVED, that the following authorizations relate to the execution, for and on behalfof the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company
entered into in the ordinary course of business (each a "Written Commitment"):
(1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalfofthe Company, under the seal
ofthe Companyor otherwise.
(2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalfof the Company, under the seal ofthe Company orotherwise,
to the extent thatsuch action is authorized by the grant of powers provided for in such person's written appointmentas such attorney-in-fact
(3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalfof the Company, to appoint in writing any person the attorney-in-
fact of the Company with full power and authority to execute, for and on behalfofthe Company, under the seal ofthe Company or otherwise, such Written Commitments ofthe Company
as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written
Commitments,
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalfof the Company, to delegate in writing to any other officer of the
Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments ofthe Company as are specified in such written
delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement ofthe powers and authority of officers, employees and other persons to act for and on behalfof the
Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested."
I, Dawn M.Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
(ii) the foregoing Power of Attorney is true, correct and in full force and effect. ! i
Given under my hand and seals of said Companies at Whitehouse Station, NJ, this � � j_ �� & r J j ( rl � �YI ��,_
Dawn M.Chloros.AsSistint
IN TH E EVENT YOU W ISH TO VERIFY THE AUTHENTICITY OF'1'H IS DUN D O R N5,n FY US OF ANY 0111111 MATTER, PLEASE CONTACT US AT:
Telr hone 908 903.34i3 Fax 90$ 903.3556 a mon: curet Ochubb.com
Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19)
R A C.�!
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WITH t'
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Fire
Project Manager: Quinn Gardener Extension: 5336
Contractor Name: Brightview Landscape Services
Contractor's Contact: Loren Olson Contact's Email: loren.olson@brightview.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER
DEPARTMENT DATE Check/Initial
1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑
CI -Iter a date.
b. Email contract (in Word) and attachments to City 9/20/2022
Attorney c/o Laraine.Gittens@cityofsanrafael.org 29
2 City Attorney a. Review, revise, and comment on draft agreement 10/10/2022
and return to Project Manager 10/10/2022 ® GC
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor ® GC_
3 Department Director Approval of final agreement form to send to 10/11/2022 ® DW_
contractor
4 Project Manager Forward three (3) originals of final agreement to 10/12/2022
contractor for their signature _
5 Project Manager When necessary, contractor -signed agreement ® N/A
agendized for City Council approval *
*City Council approval required for Professional Services ❑
Agreements and purchases of goods and services that exceed Or
$75,000; and for Public Works Contracts that exceed $175,000
Cilf_;( here to
Date of City Council approval enter a date.
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
6 Project Manager Forward signed original agreements to City ., 13 S
Attorney with printed copy of this routing form
7 City Attorney Review and approve hard copy of signed
agreement (�(�
8 City Attorney Review and approve insurance in PINS , and bonds
(for Public Works Contracts) V c
9 City Manager/ Mayor Agreement executed by City Council authorized f�
official 0 i
10 City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager