Exhibit 2 - Agreement — Alameda City Council, October 3, 2023

Bri
ghtV iew Landscape D evelopment, Inc. 01-26-2023
City Hall West Lawn Convers ion 1 No. P.W. 11-22-28

CONTRACTOR AGREEMENT
THIS CONSTRUCTION AGREEMENT (“Agr eem ent”) is entered into this _____ day of October 2023, by and between the CITY OF ALAMEDA, a municipal corporation (“ the City") , and BRIGHTVIEW LANDSCAPE DEVELOPMENT, INC. , a California corporation whose address is 7039 COMMERCE CIRCLE, SUITE A, PLEASANTON, CALIFORNIA 94588 , (“Contractor”), in reference to the following:

RECITALS:

A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the City’s Charter.

B. The City is in need of the following services: lawn conversion to drought tolerant landscape at City Hall West. City staff issued an Invitation to Bid on August 1, 2023 after a submittal period of twenty-four days received five of timely submitted bids, and the bids were opened on August 24, 2023. Staff reviewed the bids and selected the lowest responsive and responsible bidder.

C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

D. Whereas, the City Council authorized the City Manager to execute this agreement on October 3, 2023.

E. The City and Contractor desire to enter into an agreement for lawn conversion to drought tolerant landscape at City Hall West, upon the terms and conditions herein.

NOW, THEREFORE, in consideration of the forgoing, which are incorporated herein by reference, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. TERM:

Contractor shall have 35 consecutive working days from the date the work is to commence pursuant to the Notice to Proceed to diligently prosecute the work to completion. This term is extended by said number of consecutive working days pursuant to a Change Order granting any extension per Project No 11-22-28 Specifications Section 5-7.2

2. SERVICES TO BE PERFORMED:

Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipme nt, materials, except as otherwise specified, and to do all work strictly in accordance with the Specifications, Special Provisions and Plans, which Specifications, Special Provisions and Plans are hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. Contractor acknowledges that the work plan included in #104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

BrightV iew Landscape D evelopment, Inc. 01-26-2023
City Hall West Lawn Convers ion 2 No. P.W. 11-22-28
Exhibit A is tentative and does not commit the City to request Contractor to perform all tasks included therein.

3. COMPENSATION TO CONTRACTOR:

Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's bid, which is attached hereto as Exhibit A and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City.

Payment will be made by the City in the following manner: On the first day of each month, Contractor shall submit a written estimate of the total amount of work done the previous month.

However, the City reserves the right to adjust budget within and between tasks. Pricing and accounting of charges are to be according to the bid packet pricing, unless mutually agreed to in writing.

Payment shall be made for 95% of the value of the work completed as determined by the City. The City shall retain 5% of the value of the work as partial security for the completion of the work by Contractor. Retained amounts shall be paid to Contractor within sixty days of acceptance by the City of the project. Payment shall not be construed as acceptance of defective work. No interest will be paid to Contractor on retained funds.

Total compensation for work is $385,706.29, with a 20 percent contingency in the amount of $77,141.26 for a total not to exceed of $462,847.55. Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.

Prompt Payment Of Withheld Funds To Subcontractors: The City shall hold retainage from the prime contractor and shall, as determined by the City, make prompt and regular incrementa l acceptances of portions of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted by the City, including incremental acceptances of portions of the contract work. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business Professions Code. This requirement shall not be construed to limit or impa ir any contractual, administrative or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving (a) late payment or nonpayment by the prime contractor, (b) deficient subcontractor performance, or (c) noncompliance by a subcontractor with the contract, including but not limited to remedies under California Public Contract Code Section 9204. This clause applies to both DBE and non-DBE subcontractors.

4. TIME IS OF THE ESSENCE:

Contractor and the City agree that time is of the essence regarding the performance of this Agreement.

It is agreed by the parties to this Agreement that if all the work called for under the Agreement is not completed before or upon the expiration of the time limit as set forth in Paragraph #104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

BrightV iew Landscape D evelopment, Inc. 01-26-2023
City Hall West Lawn Convers ion 3 No. P.W. 11-22-28
1 above, damage will be sustained by the City, and it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay. It is therefore agreed that Contractor will pay the City the sum of FIVE HUNDRED DOLLARS ($500) per day as liquidated damages for each and every day's delay beyond the time prescribed to complete the work; and Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due Contractor under the Agreement.

It is further agreed that in case the work called for under the Agreement is not finished and completed in all parts and requirements within the time specified, the City shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if the City decides to extend the time limit for the completion of the Agreement, it shall further have the right to charge Contractor, its successors, heirs, assigns or sureties, and to deduct from the fina l payment for the work, all or any part, as it may deem proper, of the actual costs and overhead expenses which are directly chargeable to the Agreement, and which accrue during the period of such extensions.

Contractor shall not be assessed with liquidated damages during any delay in the completion of the work caused by an act of God or of the public enemy, acts of the City, fire, flood, epidemic, quarantine restriction, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided that Contractor shall, within one (1) day from the beginning of such delay, notify the City in writing of the causes of delay. The City shall ascertain the facts in good faith and the extent of the delay, and its findings of the facts thereon shall be final and conclusive.

5. STANDARD OF CARE:

Contractor agrees to perform all services and work hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services and work shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with the City.

6. INDEPENDENT PARTIES:

Contractor hereby declares that it is engage d as an independent business and it agrees to perform its services as an independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services and work. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from the City to Contractor, its employees, subcontractors, suppliers or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor.
#104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

BrightV iew Landscape D evelopment, Inc. 01-26-2023
City Hall West Lawn Convers ion 4 No. P.W. 11-22-28

7. IMMIGRATION REFORM AND CONTROL ACT (IRCA) :

Contractor assumes any and all res ponsibility for verifying the identity and employme nt authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend (with counse l acceptable to the City) and hold the City harmless from and against any loss, damage, liability , costs or expenses arising from any noncompliance of this provision by Contractor.

8. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable employer/employee conduct, neither Contractor nor Contractor’s employees, agents, subcontractors or suppliers shall harass or discriminate against any job applicant, City employee, or any person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to race, religious creed, color, national origin, ancestry, disability (both mental and physical), including HIV and AIDS, medical condition (e.g.. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violations of this provision shall constitute a material breach of this Agreement.

9. HOLD HARMLESS:

1. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Agreement or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees all ege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City.

The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.

2. As to Claims for professional liability only, Contractor’s obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8.

Contractor’s obligation to indemnify, defend and hold harmless Indemnities shall expressly survive the expiration or early termination of this Agreement.

10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Contractor shall furnish City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance wit h paragraphs 10.b. (1) through (4). Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement:
#104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

BrightV iew Landscape D evelopment, Inc. 01-26-2023
City Hall West Lawn Convers ion 5 No. P.W. 11-22-28
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days advance written notice to the City of Alameda, Attention: Risk Manager.” Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents and volunteers as additional insured shall be submitted with the insurance certificates.

A. COV ERAGE:

Contractor shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:

Statutory coverage as required by the State of California. (2) Liabilit y:

Commercial general liability coverage in the following minimum limits:

Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other

Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Additiona l Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (3) Automotive:

Comprehensive automobile liability coverage (any auto) in the following minimum limits:

Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. #104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

BrightV iew Landscape D evelopment, Inc. 01-26-2023
City Hall West Lawn Convers ion 6 No. P.W. 11-22-28
(4) Pollution Prevention:

Legal liability required for hazardous materials excavation in the amount of $2,000,000 each occurrence. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.

B. SUBROGATION WAIVER:

Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applie s regardless of whether the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

C. FAILURE TO SECURE:

If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor's name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.

D. ADDITIONAL INSURED:

The City, its City Council, boards, commissions, officials, employees and volunteers shall be named as an additional insured under all insurance coverages, except worker’s compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. The additional insured coverage under the Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance.

E. SUFFICIENCY OF INSURANCE:

Contractor shall furnish the following bonds from a bonding company acceptable to the City’s Risk Manager. Faithful Performance Bond and Labor and Material Bond are only require d for work over $25,000. Therefore, those estimates that are under $25,000 will not need to budge t for the bond premiums and those estimates over $25,000 will need to be sure to budget for the bond premiums.

The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor.
#104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

BrightV iew Landscape D evelopment, Inc. 01-26-2023
City Hall West Lawn Convers ion 7 No. P.W. 11-22-28

11. BONDS:

Contractor shall furnish the following bonds from a bonding company acceptable to the City’s Risk Manager:

A. Faithful Performance: A bond in the amount of 100% of the total contract price guaranteeing the faithful performance of this contract, and B. Labor and Materials: A bond for labor and materials in the amount of 100% of the total contract price.

12. PROHIBITION AGAINST TRANSFERS:

Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, Contractor’s claims for money from the City under this Agreement may be assigned to a bank, trust company or other financia l institution without prior written consent. Written notice of such assignment shall be promptly furnished to the City by Contractor.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, whic h shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the entity.

13. SUBCONTRACTOR APPROVAL:

Unless prior written consent from the City is obtained, only those people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement.

Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor may, at the option of the City, be issued in the form of a Work Order.

In the event that Contractor employs subcontractors, such subcontractors shall be require d to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement.

14. PERMITS AND LICENSES:

Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License that may be required in connection with the performance of services and work hereunder. #104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

BrightV iew Landscape D evelopment, Inc. 01-26-2023
City Hall West Lawn Convers ion 8 No. P.W. 11-22-28

15. REPORTS:

Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of the City.

No report, information nor other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individua l or organization by Contractor without prior approval by the City.

Contractor shall, at such time and in such form as the City may require, furnish reports concerning the status of services and work required under this Agreement.

16. RECORDS:

Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of services and work under this Agreement.

Contractor shall maintain adequate records of services and work provided in sufficie nt detail to permit an evaluation of services and work. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of the City or its designees at all proper times, and gives the City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment.

If supplemental examination or audit of the records is necessary due to concerns raised by the City's preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

17. NOTICES:

All notices, demands, requests or approvals to be given under this Agreement shall be give n in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided.

All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:

City of Alameda
Public Works
950 W Mall Square
Alameda, CA 94501
#104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

BrightV iew Landscape D evelopment, Inc. 01-26-2023
City Hall West Lawn Convers ion 9 No. P.W. 11-22-28
ATTENTION: Erin Smith, Public Works Director
Ph: (510) 747-7938
Email: [email protected]

All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:

Brightview Landscape Development, Inc.
7039 Commerce Circle, Suite A
Pleasanton, CA 94588
ATTENTION: Ray Tristan, Vice-President/General Manager
P h: (925) 463-0700 / Email: [email protected]

18. SAFETY:

Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and work under this Agreement. This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivale nt state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflic t, the more stringent requirements will be followed. Contractor’s failure to thoroughly familia rize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.

Contractor will immediately notify the City’s Risk Manager within 24 hours of any incide nt of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.

19. LAWS TO BE OBSERVED:

Contractor shall comply with all applicable laws, state, federal, and all ordinances, rules and regulations enacted or issued by the City. In addition, Contractor shall keep itself fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

20. HEALTH AND SAFETY REQUIREMENTS.

Provider acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Provider agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipme nt #104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

BrightV iew Landscape D evelopment, Inc. 01-26-2023
City Hall West Lawn Convers ion 10 No. P.W. 11-22-28
(e.g. masks), physical distancing, and health screenings. Provider also agrees to make available to the City, at the City’s request, records to demonstrate Provider’s compliance with this Section.

21. DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE AND
PREVAILING WAGE REQUIREMENTS ON PUBLIC WORKS PROJECTS:

Effective January 1, 2015, no Contractor or Subcontractor may be listed on a bid proposa l for a public works project (submitted after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 (with the limited exceptions from this requirement for bid purposed only under Labor Code Section 1771.1(a)). Register at https://efiling.dir.ca.gov/PWCR
No Contractor or Subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

The Prime Contractor is required to post job site notices prescribed by regulations. See 8 Calif. Code Regulation §16451(d).

Effective April 1, 2015, All Contractors and Subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner at:
https://apps.dir.ca.gov/ecpr/das/altlogin

22. HOURS OF LABOR :

As provided in Article 3 (commencing at § 1810), Chapter 1, Part 7, Division 2 of the Labor Code, eight (8) hours of labor shall constitute a legal day's work. The time of service of any worker employed at any time by Contractor or by any subcontractor on any subcontract under this Agreement, upon the work or upon any part of the work contemplated by this Agreement, is limite d and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as hereinafter provided. Notwithstanding the provision hereinabove set forth, work performed by employees of Contractor in excess of eight (8) hours per day and forty (40) hours during any one week shall be permitted upon this public work, provided that the employees’ compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay.

Contractor shall pay the City a penalty of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Agreement by Contractor, or by any subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one (1) calendar week, in violation of the provisions of Article 3 (commencing at § 1810), Chapter 1, Part 7, Division 2 of the Labor Code, unless compensation for the workers so employed by Contractor is not less than one and one-half (1-1/2) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.

Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half (1½) times the above specified rate of per diem wages, unless otherwise specified. #104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

BrightV iew Landscape D evelopment, Inc. 01-26-2023
City Hall West Lawn Convers ion 11 No. P.W. 11-22-28
Holidays shall be defined in the Collective Bargaining Contract applicable to each particular craft, classification, or type of worker employed.

23. APPRENTICES:

Attention is directed to the provisions in Sections 1777.5 and 1777. 6 of the Labor Code concerning the employment of apprentices by Contractor or any subcontractor under it on contracts greater than $30,000 or 20 working days. Contractor and any subcontractor under it shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.

Section 1777.5 of the Labor Code requires Contractor or subcontractor employing workers in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works projec t, and which administers the apprenticeship program in that trade, for a certificate of approval, if they have not previously applied and are covered by the loca l apprenticeship standards.

Contractor is required to make contributions to funds established for the administration of apprenticeship programs if: (1) Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions; or (2) if Contractor is not a signatory to an apprenticeship fund and if the funds administrator is unable to accept Contractor' required contribution. Contractor or subcontractor shall pay a like amount to the California Apprenticeship Council.

Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

24. LABOR DISCRIMINATION:

No discrimination shall be made in the employment of persons upon public works because of the race, color, sex, religion, age, national origin, sexual orientation or physical disability of such persons and every Contractor for public works violating this section is subject to all the penalties imposed for a violation of the provisions of the Labor Code, and, in particular, Section 1735.

25. REGISTRATION OF CONTRACTORS:

Before submitting bids, contractors shall be licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professional Code of the State of California.

26. URBAN RUNOFF MANAGEMENT :

Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, contractor shall use as little as necessary.

Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains.

Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to:
#104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

BrightV iew Landscape D evelopment, Inc. 01-26-2023
City Hall West Lawn Convers ion 12 No. P.W. 11-22-28
a. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), on site de -watering activities and saw -cutting activities; shovel or vacuum saw-cut slurry and remove from the site).
b. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers.
c. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the comple tion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location.
d. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff.
e. Contractor shall maintain a clean work area by removing trash, litter, and debris at the end of each workday. Contractor shall also clean up any leaks, drips, and other spills as they occur.

The objective is to ensure that the City and County of Alameda County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up-graded as required, maintained during construction phases to provide adequate protection, and removed at the end of construction.

These recommendations are intended to be used in conjunction with the State’s Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction.

Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncomplia nce of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code §13385.

27. COMPLIANCE WITH MARSH CRUST ORDINANCE:

Contractor shall perform all excavation work in compliance with the City’s Marsh Crust Ordinance as set forth at Section 13-56 of the Municipal Code. Prior to performing any excavation work, Contractor shall verify with the Building Official whether the excavation work is subject to the Marsh Crust Ordinance. Contractor shall apply for and obtain permits from Building Services on projects deemed to be subject to the Marsh Crust Ordinance. #104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

BrightV iew Landscape D evelopment, Inc. 01-26-2023
City Hall West Lawn Convers ion 13 No. P.W. 11-22-28

28. COMPLIANCE WITH THE CITY’S INTEGRATED PEST MANAGEMENT POLICY:

Contractor shall follow the requirements of the City's Integrated Pest Management (IPM) Policy to ensure the City is in compliance with its Municipal Regional Stormwater NPDES Permit, Order R2-2022-0018, issued by the San Francisco Bay Regional Water Quality Control Board.  Contractor shall use the most current IPM technologies available to ensure the long-term prevention or suppression of pest problems and to minimize negative impacts on the environment, non-target organisms, and human health for the cont rol or management of pests in and around City buildings and facilities, parks and golf courses, urban landscape areas, rights-of-way, and other City properties.
 Contractor will consider the City IPM Policy’s hierarchy of options or alternatives liste d below, in the following order before recommending the use of or applying any pesticide on City property: (1)
a. No controls (e.g. tolerating the pest infestation, use of resistant plant varieties or allowing normal life cycle of weeds);
b. Physical or mechanical controls (e.g. hand labor, mowing, exclusion); c. Cultural controls (e.g. mulching, disking, alternative vegetation) and good housekeeping (e.g. cleaning desk area);
d. Biological controls (e.g., natural enemies or predators); e. Reduced-risk chemical controls (e.g., soaps or oils); and f. Other chemical controls.
 Prior to applying chemical controls Contractor shall complete a checklist for the City’s pre- approval that explains why a chemical control is necessary. For annual contracts that require regular application of chemical controls the contractor shall submit one checklist prior to the initiation of the project demonstrating that the hierarchy has been reviewed and no other options exist. (See Exhibit C ). Additionally, Contractor shall provide documentation to the City’s project manager of the implementation of the IPM technique s hierarchy described in the City’s IPM Policy.
 Contractor shall avoid the use of the following pesticides that threaten water quality, huma n health and the environment:
a. Acute Toxicity Category I chemicals as identified by the Environmental Protection Agency (EPA);
b. Organophosphate pesticides (e.g., those containing Diazinon, chlorpyrifos or malathion);
c. Diamides (chlorantraniliprole and cyantraniliprole); d. Neonicotinoids (e.g., imidacloprid, acetamiprid, and dinotefuran); e. Pyrethroids (bifenthrin, cyfluthrin, beta -cyfluthrin, cypermethrin, deltamethrin, #104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

BrightV iew Landscape D evelopment, Inc. 01-26-2023
City Hall West Lawn Convers ion 14 No. P.W. 11-22-28
esfenvalerate, lambda-cyhalothrin, metofluthrin, permethrin, and tralomethrin), carbamates (e.g., carbaryl and aldicarb), diuron, fipronil and its degradates, and indoxacarb; and
f. Copper-based pesticides unless their use is judicious, other approaches and techniques have been considered, and the threat of impact to water quality is prevented.
 Contractor shall sign the Contractor Verification Form (attached as Exhibit B) indicating the intent to implement the City’s IPM Policy, and return a signed copy to the City’s project manager.  Contractor shall provide to the City’s project manager an annual report of all pesticide usage in support of City operations including pesticide name, active ingredient(s), target pest(s), the total amounts used and the reasons for any increase in use of any pesticide.  Contractor shall provide a copy of any current IPM certifications(s) to the City’s project manager prior to initiation of the service work.

A copy of the City's IPM Policy may be obtained from the City’s project manager and is also on file w ith the City Clerk.

29. MULCH PROCUREMENT REQUIREMENTS

Providers of landscaping maintenance, renovation, and construction shall:
a. Use compost and SB 1383 eligible mulch, as practicable, produced from recovered organic waste, for all landscaping renovations, construction, or maintenance performed for the City, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 eligible mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Article
12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). b. Maintain the following records for compost and SB 1383 eligible mulch and submit to the City upon request:
(1) General description of how and where the product was used and applied; (2) Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the compost and/or SB 1383 eligible mulch were procured;
(3) Type of product
(4) Quantity of each product; and,
Invoice or other record demonstrating purchase or procurement. #104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

BrightV iew Landscape D evelopment, Inc. 01-26-2023
City Hall West Lawn Convers ion 15 No. P.W. 11-22-28

30. PURCHASES OF MINED MATERIALS REQUIREMENT :

Contractor shall ensure that all purchases of mined materials such as construction aggregate, sand and gravel, crushed stone, road base, fill materials, and any other mineral materials must originate from a surface mining operation identified on the AB3098 List per the Surface Mining and Reclamation Act of 1975 (SMARA).

Within five days of award of contract, Contractor shall submit a report to the City whic h lists the intended suppliers for the above materials and demonstrates that the suppliers are in compliance with the SMARA requirements. The AB3098 List is maintained by the Department of Conservation’s Office of Mine Reclamation (OMR) and can be viewed at:
www.conservation.ca.gov/OMR/ab_3098_list/index.htm. Note that the list changes periodic a lly and should be reviewed accordingly.

31. TERMINATION:

In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) business days after receipt by Contractor from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may terminate the Agreement forthwith by giving to Contractor written notice thereof.

The City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination.

32. ATTORNEYS’ FEES AND COSTS:

In the event of any litigation, including administrative proceedings, relating to this Agreement, including but not limited to any action or suit by any party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.

33. PCC SECTION 9204 SUMMARY - CLAIMS SUBMITTED BETWEEN 01 -01-2017 AND 01-01-2027 :

Notwithstanding anything else to the contrary stated in the Information For Bidders (IFB) or the Contract Documents, all claims, regardless of dollar amount, submitted between January 1, 2017 and January 1, 2027 shall be governed by PCC Section 9204 and this section.

The following provisions and procedures shall apply:

A. For the purposes of this section, the term “Claim”, “Contractor”, “mediation”, “Public Entity” “Public works project” and “Subcontractor” shall have the meaning provided for in PCC Section 9204.
#104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

BrightV iew Landscape D evelopment, Inc. 01-26-2023
City Hall West Lawn Convers ion 16 No. P.W. 11-22-28
B. Contractor shall submit each Claim (whether for a time extension, payment for money or damages) in writing and in compliance with PCC Section 9204. Contractor must include reasonable documentation to support each claim.

C. Upon receipt of a Claim, the City shall conduct a reasonable review and respond in writing within 45 days of receipt and shall identify in a written statement what portions of the claim are disputed and undisputed. Undisputed portions of the Claim shall be process and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The City and Contractor may mutually agree to extend the 45 day response time.

D. If the City needs approval from the City Council to provide a written statement, the 45 days may be extended to 3 days following the next duly noticed public meeting pursuant to PCC Section 9204(d)(1)(C).

E. If the City fails to timely respond to a Claim or if Contractor disputes the City’s response, Contractor may submit a written demand for an informal meet and confer conference with the City to settle the issues in dispute. The demand must be sent via registered or certified mail, return receipt requested. Upon receipt, the City shall schedule the conference within 30 days.

F. Within 10 business days following the informal meet and confer conference, the City shall submit to Contractor a written statement describing any issues remaining in dispute and that portion which is undisputed. Undisputed portions of the Claim shall be process and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The issues remaining in dispute sha ll be submitted to non-binding mediation. If the City and Contractor mutually agree on a mediator, each party shall pay equal portions of all associated costs. If within 10 business days, the City and Contractor cannot agree on a mediator, each party sha ll select a mediator (paying all costs associated with their selected mediator), and those mediators shall select a qualified neutral third party to mediate the dispute d issues. The City and Contractor shall pay equal portions of all associated costs of such third party mediator.

G. Unless otherwise agreed by the City and Contractor, any mediation conducted hereunder shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has commenced.

H. The City reserves all rights and remedies that it has pursuant to the Construction Contract, plans and specification, at law or in equity which are not in conflict with PCC 9204.

This Section shall be automatically extended if legislation is lawfully passed whic h extends the terms of Public Contract Code Section 9204 beyond January 1, 2027.

34. CONFLICT OF LAW:

This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.
#104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

BrightV iew Landscape D evelopment, Inc. 01-26-2023
City Hall West Lawn Convers ion 17 No. P.W. 11-22-28

35. ADVERTISEMENT:

Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from the City to do otherwise.

36. WAIVER:

A waiver by the City of any breach of any term, covenant, or condition contained he rein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

37. INTEGRATED CONTRACT:

This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Contractor.

38. INSERTED PROVISIONS:

Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party.

39. CAPTIONS:

The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.

40. COUNTERPARTS:

This Agreement may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of whic h shall constitute one and the same instrument.

41. SIGNATORY:

By signing this Agreement, each signatory warrants and represents t hat he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

42. CONTROLLING AGREEMENT:

In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) and any other terms and #104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

BrightV iew Landscape D evelopment, Inc. 01-26-2023
City Hall West Lawn Convers ion 18 No. P.W. 11-22-28
conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

#104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

Exhibit A

#104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 Exhibit A

#104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 Exhibit A
XXXXXXXXX $355,745.53

#104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 Exhibit A

#104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

ATTACHMENT B

LIST OF MIXED CONSTRUCTION AND DEMOLITION PROCESSORS

This guide is a listing of facilities/processors that accept construction and demolition waste materials. This is not a complete and comprehensive list; it is intended to be a quick reference guide to assist contractors and the general public recycle their construction and demolition debris.

For additional information on disposal or recycling of specific material types please visit http://alameda.wastetracking.com
(Green Halo Systems) and choose the “Recycler Search”
function from the drop down menu.

Please call each facility for accepted materials, hours of operation, and the terms and conditions prior to delivering your materials.

Bee Green Recycling (Commercial Waste and Recycling)
725 Independent Road, Oakland, CA 94621
510-636-0852
https://www.beegreen.green/

Excess Recovery
1801 Evans Avenue, San Francisco, CA 94124
650-339-4817

Davis Street Transfer Station
2615 Davis Street, San Leandro, CA 94577
510-638-2303
www.dsgardencenter.com/

Berkeley Transfer Station
1201 2nd St., Berkeley, CA 94710
510-981-7270
www.cityofberkeley.info/ContentDisplay.aspx?id=5710

Certified Blue Recycling
2075 Williams St, San Leandro, CA 94577
800-536-6702
www.certified-blue-recycling.com/

Recology San Francisco
501 Tunnel Avenue, San Francisco, CA 94134
415-330-1400
www.sfrecycling.com/index.php

#104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

Blue Line Transfer
500 East Jamie Ct, South San Francisco, CA 94080
650-589-5511
www.ssfscavenger.com

Hayward Transfer Station
3458 Enterprise Ave, Hayward, CA 94545
510-606-1548

West Contra Costa Co Sanitary Landfill
Foot of Parr Blvd., Richmond, CA 94801
510-262-1600

Marin Resource Recovery Center
565 Jacoby Street, San Rafael, CA 94901
415-453-1404
www.marinsanitary.com

Contra Costa Transfer & Recovery Facility
951 Waterbird Way, Martinez, CA 94553
925-313-8987

Ox Mountain Sanitary Landfill
12310 San Mateo Road, Half Moon Bay, CA 94019
800-204-4242

Pleasanton Transfer & Recovery Facility
3110 Busch Rd., Pleasanton, CA 94566
925-846-4062
www.plesantongarbageservice.com

Fremont Recycling and Transfer Station
41149 Boyce Rd., Fremont, CA 94538
510-252-0500
www.fremont-recycling.com

Devlin Rd Recycling & Transfer Facility
889 Devlin Rd, American Canyon, CA 94503
707-258-9005

Newby Island Landfill
1601 Dixon Landing Rd., Milpitas, CA 95035
408-945-2800
www.newbyisland.com/

#104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

Zanker Material Processing Facility
675 Los Esteros Rd., San Jose, CA 95134
408-263-2384
www.zankerrecycling.com/

#104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

City of Alameda Contractor Verification Form
Implementation of City of Alameda Integrated Pest Management Policy

The City of Alameda (City) is mandated to:
(a) Minimize its reliance on pesticides that threaten water quality, and (b) Require the effective use of Integrated Pest Ma nagement (IPM) in all m unicipal operations and on all municipal property.

To ensure compliance with this m andate, all City ope rations need to verifiably implement the practices and policies described in the City ’s IPM Policy adopted June 15, 2010. A copy of this IPM Policy is included with this form. The implementation of the IP M Policy is applicable to all municipal contractors that provide landscaping, structural pest control, or other pest m anagement services in support of City operations and/or on municipal property.

The undersigning parties acknowledge that all elem ents of the City ’s IPM Policy will be im plemented throughout the period of contractual services provided to City operations and on m unicipal property.

Specific actions to document this performance shall include:

 Pest Management Contractor shall provide to City project m anager for pre-approval the Pest Management Considerations Checklist.
 Pest Management Contractor shall avoid the use of the following pesticides that threaten water quality, human health and the environment:
o Acute Toxicity Category I chem icals as identified by the Environm ental Protection Agency (EPA)
o Organophosphate pesticides (e.g., those containing Diazinon, chlorpyrifos or malathion) o Pyrethroids (bifenthrin, cy fluthrin, beta -cyfluthrin, cypermethrin, deltamethrin, esfenvalerate, lambda-cyhalothrin, permethr in, and tralom ethrin), carbamates (e.g., carbaryl), and fipronil
o Copper-based pesticides unless their use is j udicious, other approaches and techniques have been considered and the threat of impact to water quality is prevented.  Pest Management Contractor shall provide to th e City’s project manager an annual Report of all pesticide usage in support of City operations including product nam e and manufacturer, active ingredient(s), target pest(s), the total am ounts used and reasons for any increase in use of any pesticide.
 If the Contractor’s on-site personnel are curren tly IPM certified through either the EcoWise or GreenPro programs, or through another program, th e contractor shall provide written evidence of any certifications to the City’s project manager.

______________________________ _____________________________________________ City Departmental Representative Contractor Representative

_____________________________ _____________________________________________ Print Name Print Name

______________________________ _____________________________________________ D a t e D a t e

______________________________ _____________________________________________ City Department City Contractor

#104908
Attachment C
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

City of Alameda Pest Management Contractor Checklist:

Pest Management Options Considerations

Contractor will consider the City IPM Policy’s hierarchy of options or alternatives listed below, in the following order before recommending the use of or applying any pesticide on City p roperty. Please p rovide a written explanation in each section below of why the specific pest management option is not appropriate:

(1) No controls (e.g. tolerating the pest infestation, use of resistant plant varieties or allowing norm al life cycle of weeds)

Comment: ______________________________________________________________

_______________________________________________________________________

(2) Physical or mechanical controls (e.g. hand labor, mowing, exclusion)

Comment: ______________________________________________________________

_______________________________________________________________________

(3) Cultural controls (e.g. m ulching, disking, a lternative vegetation), good housekeeping (e.g. cleaning desk area)

Comment: ______________________________________________________________

_______________________________________________________________________

(4) Biological controls (e.g., natural enemies or predators)

Comment: ______________________________________________________________

_______________________________________________________________________

(5) Reduced-risk chemical controls (e.g., soaps or oils)

Comment: ______________________________________________________________

_______________________________________________________________________

#104908
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 BCFGIJKNOPRHolder Identifier : 7777777707070700077761616045571110767617017315446207543026663417311073751476157220120726150003163111207437511722331052071623335760326650777234113734661207263000562027531076727242035772000777777707000707007 7777777707070700073525677115456000722206533542305007320677177625201073213140370431110761546004632213707023723312433511071223373521261000753723324713754107163323257176000077756163351765540777777707000707007 Certificate No : 570101379042

CERTIFICATE OF LIABILITY INSURANCE

DATE(MM/DD/YYYY)
09/01/2023
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

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.

PRODUCER
Aon Risk Services Central, Inc.

Philadelphia PA Office
100 North 18th Street
15th Floor
Philadelphia PA 19103 USA
PHONE
(A/C. No. Ext):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED 16691Great American Insurance Co.

INSURER A:
22667ACE American Insurance CompanyINSURER B:
26247American Guarantee & Liability Ins CoINSURER C:
24319Allied World Surplus Lines Insurance CoINSURER D:

INSURER E:

INSURER F:

FAX
(A/C. No.): (800) 363-0105

CONTACT
NAME:

BrightView Landscape Development, Inc.

Location #1040
7039 Commerce Circle #A
Pleasanton CA 94588 USA

COVERAGES
CERTIFICATE NUMBER: 570101379042 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.

Limits shown are as requested

POLICY EXP
(MM/DD/YYYY)

POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR
ADDL

INSD POLICY NUMBER TYPE OF INSURANCE LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

POLICY LOC

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
X
X
X X
GEN'L AGGREGATE LIMIT APPLIES PER:
$5,000,000
$5,000,000
$10,000
$5,000,000
$5,000,000
$5,000,000
B 10/01/2022 10/01/2023Y Y HDOG4731835A
PRO-
JECT
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

SCHEDULED
AUTOS

HIRED AUTOS
ONLY

NON-OWNED

AUTOS ONLY
BODILY INJURY ( Per person)

PROPERTY DAMAGE
(Per accident)
X
BODILY INJURY (Per accident)
$5,000,000B 10/01/2022 10/01/2023Y Y COMBINED SINGLE LIMIT (Ea accident)
ISA H1071333A

EXCESS LIAB

X OCCUR

CLAIMS-MADE AGGREGATE

EACH OCCURRENCE
DED
$5,000,000
$5,000,000
10/01/2022UMBRELLA LIABC Y 10/01/2023Y AUC508596818

RETENTION
X
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $2,000,000
X
OTH-
ER
PER STATUTEB 10/01/2022 10/01/2023

WC - AOS
SCFC50687405B 10/01/2022 10/01/2023
$2,000,000
Y / N
(Mandatory in NH)

ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N / A
Y
YN
Workers Comp - WI

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$2,000,000
WLRC50687302
Each OccurrenceCSEE60320400 10/01/2020 10/01/2023
SIR applies per policy terms & conditions $2,000,000Aggregate Contractors Pollution
Liability
A Y Y $2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Job No: 104908, Job Name: Alameda City Hall West Lawn Conversion Project, Job Address: 950 West Mall Square, Alameda CA 94501. The City, its City Council, boards, commissions, officials, employees and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability, Automobile Liability, Umbrella Liability and Pollution Liability policies. General Liability, Automobile Liability and Umbrella Liability policies evidenced herein are Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy provisions. A Waiver of Subrogation is granted in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors in accordance with the policy provisions of the General Liability, Automobile Liability, Umbrella Liability,

CANCELLATIONCERTIFICATE HOLDER

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

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

DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 9/11/2023
Pollution Liability and Workers' Compensation policies. Should General Liability, Automobile Liability and Workers' Compensation policies be cancelled before the expiration data thereof, the policy provisions will govern how notice of cancellation may be delivered to certificate holders in accordance with the policy provisions of each policy.

FORM TITLE:FORM NUMBER:

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,

ADDITIONAL REMARKS
EFFECTIVE DATE:

CARRIER NAIC CODE

POLICY NUMBER
Aon Risk Services Central, Inc.

See Certificate Number:

The ACORD name and logo are registered marks of ACORD
570101379042
570101379042
ACORD 25 Certificate of Liability Insurance
Additional Description of Operations / Locations / Vehicles:

ACORD 101 (2008/01)
ADDITIONAL REMARKS SCHEDULE Page _ of _
BrightView Landscape Development, Inc.

DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 POLICY NUMBER: COMMERCIAL GENE RAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAR EFULLY.

CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This en
dorsement modifies insurance provided under the following:

MMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is a mended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

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

1. Required by the contract or agreement; or

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

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

Any person or organization whom you have agreed to
include as an additional insured under a written
contract, provided such contract was executed prior to
the date of loss.

All locations where you perform work for such
additional insured pursuant to any such written
contract.

HDO G4731835A 001
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 POLICY NUMBER: HDO G4731835A 001 C200(5&,$/*(1(5$//,$%,/,7< &*
7+,6(1'256(0(17&+$1*(67+(32/,&<3/($6(5($',7&$5()8//< &* © Insurance Services Office, Inc., 2012 3DJH RI $'',7,21$/,1685('±2:1(56/(66((625
&2175$&7256±6&+('8/('3(562125
25*$1,=$7,21
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
6&+('8/(
1DPH2I$GGLWLRQDO,QVXUHG3HUVRQ
V

2U2UJDQL]DWLRQ
V
/RFDWLRQ
V
2I&RYHUHG2SHUDWLRQV

Information required to complete this Schedule, if not shown above, will be shown in the Declarations. $ 6HFWLRQ ,,± :KR ,V $Q ,QVXUHG is a m ended to include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for " bodily injury", "property damage" or "person al and adve rtising injury"
caused, in whole or in part, by:
Your acts or omissions; or
The acts or omissions of those acting on your
behalf;
in the performance of your ong oing operations for
the additional insured(s) at th e location(s)
designated above.

However:
The insurance afforded to su ch additional
insured only applies to the extent permitted by
law; and
If coverage provided to the additional insured is
required by a co ntract or ag reement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the co ntract or agreement to
provide for such additional insured.
% With respect to the insurance afforde d to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:
All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other th an service,
maintenance or repairs) to be performed by or
on behalf of the additio nal insured(s) at the
location of t he covered operations has been
completed; or
That portion of "your work" out of which the
injury or d amage arises has be en put to its
intended use by any pe rson or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

All locations where you are performing ongoing
operations for such additional insured pursuant to
any such written contract.

Any person or organization whom you have agreed to
include as an additional insured under a written
contract, provided such contract was executed prior to
the date of loss.

DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 3DJHRI © Insurance Services Office, Inc., 2012 &* & With respect to the insurance afforde d to these
additional insureds, the following i s added to
6HFWLRQ,,,±/LPLWV2I,QVXUDQFH

If coverage provided to t he additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
Required by the contract or agreement; or
Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insuran ce shown in th e
Declarations.

DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 LD-20287 (06/06) Page 1 of 1

NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS

NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS
Named Insured
BrightView Landscapes, LLC
Endorsement Number
TBD
Policy Symbol
HDO
Policy Number
G4731835A 001
Policy Period
10/01/2022 to 10/01/2023
Effective Date of Endorsement
10/01/2022
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL GENERAL LIABILITY COVERAGE
Schedule
Additional Insured EndorsementOrganization
Any person or organization who you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss.
(If no information is filled in, the schedule shall read: “All persons or entities added as additional insureds through an endorsement with the term “Additional Insured” in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to Section IV.4.a:

If other insurance is available to an insured we cover under any of the endorsements listed or described above (the “Additional Insured”) for a loss we cover under this policy, this insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured.

Authorized Agent
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 POLICY NUMBER: COMMERCIAL GENE RAL LIABILITY
CG 24 04 05 09
CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This
endorsement modifies insurance provided under the following:

COMMERCI

AL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

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

The following is added to Paragraph 8. Transf er Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.

Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss.

HDO G4731835A 001
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 DA-9U74c (03/16) Page 1 of 1
ADDITIONAL INSURED – DESIGNATED PERSONS OR ORGANIZATIONS ADDITIONAL INSURED –

DESIGNATED PERSONS OR ORGANIZATIONS
Named Insured BrightView Landscapes, LLC
TBD
Policy Symbol
ISA
Policy Number
H1071333A
Policy Period
10/01/2022 TO 10/01/2023
Effective Date of Endorsement
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

AUTO DEALERS COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

EXCESS BUSINESS AUTO COVERAGE FORM
Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss.

A. For a covered “auto,” Who Is Insured is amended to include as an “insured,” the persons or organizations named in this endorsement. However, these persons or organizations are an “insured” only for “bodily injury” or “property damage” resulting from acts or omissions of:

1. You.

2. Any of your “employees” or agents.

3. Any person operating a covered “auto” with permission from you, any of your “employees” or agents.

B. The persons or organizations named in this endorsement are not liable for payment of your premium.

Authorized Representative
10/01/2022
Endorsement Number
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 DA-13115a (06/14) Page 1 of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named Insured BrightView Landscapes, LLC Endorsement Number TBD
Policy Symbol
ISA
Policy Number
H1071333A
Policy Period
10/01/2022 TO 10/01/2023
Effective Date of Endorsement
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This Endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIERS COVERAGE FORM

AUTO DEALERS COVERAGE FORM
We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of the use of a covered auto. The waiver applies only to the person or organization shown in the SCHEDULE.

SCHEDULE
Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss.

Authorized Representative
10/01/2022
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 WC 90 03 75 (05/18)
Workers' Compensation and Employers' Liability Policy
Named Insured

BRIGHTVIEW LANDSCAPES, LLC
980 JOLLY RD.

BLUE BELL PA 19422
Endorsement Number
Policy Number
Symbol: WLR Number: C50687302
Policy Period
10-01-2022 TO 10-01-2023
Effective Date of Endorsement
10-01-2022
Issued By (Name of Insurance Company)

ACE AMERICAN INSURANCE COMPANY
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page.

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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us.

You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

Schedule

1. ( ) Specific Waiver
Name of person or organization:
( X ) Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.

2. Operations:

ALL OPERATIONS CONDUCTED BY AN INSURED PURSUANT TO SUCH

WRITTEN CONTRACT

3. Premium:

The premium charge for this endorsement shall be 1.0 percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described.

4. Minimum Premium: $0
Authorized Representative
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 ALL-32686 (01/11) Page 1 of 1
NOTICE TO OTHERS ENDORSEMENT – SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE NOTICE TO OTHERS ENDORSEMENT – SCHEDULE

NOTICE BY INSURED'S REPRESENTATIVE
Named Insured BrightView Landscapes, LLC Endorsement Number TBD
Policy Symbol
ISA
Policy Number
H1071333A
Policy Period
10/01/2022 TO 10/01/2023
Effective Date of Endorsement
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

A. If we cancel this Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the “Schedule”) by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy.

B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy.

C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use.

D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule.

E. This endorsement does not apply in the event that you cancel the Policy.

All other terms and conditions of this Policy remain unchanged.

Authorized Representative
10/01/2022
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 ALL-32686 (01/11) Page 1 of 1
NOTICE TO OTHERS ENDORSEMENT – SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE NOTICE TO OTHERS ENDORSEMENT – SCHEDULE

NOTICE BY INSURED'S REPRESENTATIVE
Named Insured BrightView Landscapes, LLC Endorsement Number TBD
Policy Symbol
HDO
Policy Number
G4731835A 001
Policy Period
10/01/2022 TO 10/01/2023
Effective Date of Endorsement
10/01/2022
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use.

E. This endorsement does not apply in the event that you cancel the Policy.

All other terms and conditions of this Policy remain unchanged.

Authorized Representative
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 WC 99 03 69 (01/11) Page 1
Workers' Compensation and Employers' Liability Policy
Named Insured

BRIGHTVIEW LANDSCAPES, LLC
980 JOLLY RD.

BLUE BELL PA 19422
Endorsement Number
Policy Number
Symbol: WLR Number: C50687302
Policy Period
10-01-2022 TO 10-01-2023
Effective Date of Endorsement
10-01-2022
Issued By (Name of Insurance Company)

ACE AMERICAN INSURANCE COMPANY
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

NOTICE TO OTHERS ENDORSEMENT – SCHEDULE
NOTICE BY INSURED’S REPRESENTATIVE
A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the “Schedule”) by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy.

C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use.

E. This endorsement does not apply in the event that you cancel the Policy.

All other terms and conditions of this Policy remain unchanged.

This endorsement is not applicable in the states of AZ, FL, ID, ME, NC, NJ, NM, TX and WI.

Authorized Representative
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5 DA-21886b (06/14) Page 1 of 1

NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS

NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS
Named Insured BrightView Landscapes, LLC Endorsement Number TBD
Policy Symbol
ISA
Policy Number
H1071333A
Policy Period
10/01/2022 TO 10/01/2023
Effective Date of Endorsement
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

AUTO DEALERS COVERAGE FORM
Schedule
Organization Additional Insured Endorsement
Any additional insured with whom you have agreed to provide such non- contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss.
(If no information is filled in, the schedule shall read: “All persons or entities added as additional insureds through an endorsement with the term “Additional Insured” in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to the Other Insurance Condition under General Conditions:

Authorized Representative
10/01/2022
DocuSign Envelope ID: 6447A281-C733-4CA4-A5BA-6FB7B0A993B5

Alameda City CouncilOctober 3, 2023

Alameda City Council
October 3, 2023