HomeMy WebLinkAboutContracts & Agreements_155-2025AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the provision of Landscape Maintenance Services at City parks,
medians, Community Facility Districts, Landscape Maintenance Districts and Hillside Memorial
Park Cemetery ("Agreement") is made and entered in this 15d' day of July, 2025 ("Effective
Date"), by and between the City of Redlands, a municipal corporation ("City") and BrightView
Landscape Services, Inc., a California corporation ("Contractor"). City and Contractor are
sometimes individually referred to herein as a "Party" and, together, as the "Parties." In
consideration of the mutual promises contained herein, City and Contractor agree as follows:
ARTICLE 1 — ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to perform landscape maintenance services at City parks,
Medians, Community Facility Districts, Landscape Maintenance Districts and Hillside
Memorial Park Cemetery services for City (the "Services"). The Services that Contractor
shall perform are more particularly described in Exhibit "A," titled "Scope of Services,"
which is attached hereto and incorporated herein by this reference.
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR
2.1 Contractor shall comply with all applicable federal, state and local laws and regulations in
the performance of the Services including, but not limited, to all applicable Labor Code
and prevailing wage laws and non-discrimination laws, including the Americans with
Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of
per diem wages as determined by the Director of the California Department of Industrial
Relations for each craft, classification or type of worker needed to undertake the Services
are on file at City's Municipal Utilities and Engineering Department, located at the Civic
Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373.
2.2 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing
wages that City may enforce such provisions by withholding payments to Contractor or its
subcontractors pursuant to Labor Code section 1771.6.
2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the
Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall
provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775,
1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions
establishing penalties for failure to comply with state wage and hour laws and to pay
prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813.
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2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section
1776 regarding payroll records maintenance, certifications, retention and inspection.
2.5 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to
Labor Code section 1810.
2.6 Contractor shall comply with the provisions of Labor Code section 1777.5 as to
apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.
2.7 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees 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, goods or materials pursuant to this Agreement.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor information in its possession that may reasonably
assist Contractor in performing the Services.
3.2 City designates Tabitha Crocker, Facilities and Community Services Director, as City's
representative with respect to performance of the Services, and such person shall have the
authority to transmit instructions, receive information, interpret and define City's policies
and decisions with respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4.1 The Services shall commence as of the Effective Date of this Agreement. Contractor shall
perform and complete the Services in a prompt and diligent manner in accordance with the
schedule set forth in Exhibit "A," which is attached hereto and incorporated herein by this
reference.
4.2 The term of this Agreement shall be for a period of four (4) years commencing August 1,
2025 and terminating on July 31, 2029, unless the Services are earlier terminated as
permitted herein.
ARTICLE 5 — PAYMENTS TO CONTRACTOR
5.1 Compensation: Total compensation for Contractor's performance of the Services shall not
exceed the amount of Two Million Three Hundred Thirty Two Thousand One Hundred
Seventy -Four Dollars ($2,332,174.00). City shall pay Contractor on a time and materials
basis up to the not to exceed amount in accordance with Exhibit `13," titled "Fee Schedule,"
which is attached hereto and incorporated herein by reference.
5.2 Contractor shall submit monthly invoices to City describing the Services performed during
the preceding month. Contractor's invoices shall include a brief description of the Services
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performed, the dates the Services were performed, the number of hours spent and by whom.
City shall pay Contractor no later than thirty (30) days after receipt and approval by City
of Contractor's invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return
receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or
(iv) on the date sent by facsimile or electronic mail transmission (including PDF), if
confirmed with a copy sent contemporaneously by first class, certified, registered or
express mail; in each case properly posted and fully prepaid to the appropriate address set
forth below, or such other address as a Party may provide notice in accordance with this
section:
CITY
City Clerk
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
idonaldson@cityofredlands.org
(909) 798-7531
CONTRACTOR
Enrico Marogna, Sr. Vice President
BrightView Landscape Services, Inc.
715 W. La Cadena Drive
Riverside, CA 92501
enrico.marogna@brightview.com
949-466-6734
951-684-2785
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Contractor for the duration of its performance of the Services. Contractor shall not perform
any Services unless and until the required insurance listed below is obtained by Contractor.
Contractor shall provide City with certificates of insurance and endorsements evidencing
such insurance prior to commencement of the Services. Insurance policies shall include a
provision prohibiting cancellation or modification of the policy except upon thirty (30)
days prior written notice to City.
A. Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Contractor is self -insured or exempt from the workers' compensation laws of
the State of California. Contractor shall execute and provide City with Exhibit "C,"
titled "Workers' Compensation Insurance Certification," which is attached hereto and
incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million
Dollars ($2,000,000) aggregate, for public liability, property damage and personal
injury is required. City shall be named as an additional insured and such insurance shall
be primary and non-contributing to any insurance or self-insurance maintained by City.
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C. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and property
damage liability. This coverage shall include all Contractor owned vehicles used in
connection with Contractor's provision of the Services, hired and non -owned vehicles,
and employee non -ownership vehicles. City shall be named as an additional insured
and such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City.
6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed
officials, employees and agents from and against any and all claims, losses and liability,
including attorneys' fees, arising from injury or death to persons or damage to property
occasioned by any negligent act or omission by, or the willful misconduct of, Contractor,
or its officers, employees and agents in performing the Services.
ARTICLE 7 — CONFLICTS OF INTEREST
7.1 Contractor covenants and represents that it does not have any investment or interest in any
real property that may be the subject of this Agreement or any other source of income,
interest in real property or investment that would be affected in any manner or degree by
the performance of Contractor's Services. Contractor further covenants and represents that
in the performance of its duties hereunder, no person having any such interest shall perform
any Services under this Agreement.
7.2 Contractor agrees it is not a designated employee within the meaning of the Political
Reform Act because Contractor:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law;
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially the
same duties for City that would otherwise be performed by an individual holding a
position specified in City's Conflict of Interest Code under Government Code
section 87302.
7.3 In the event City determines that Contractor must disclose its financial interests, Contractor
shall complete and file a Fair Political Practices Commission Form 700, Statement of
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Economic Interests, with the City Clerk's office pursuant to the written instructions
provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing Party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party.
8.2 Contractor shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, results in City's immediate termination of this Agreement.
8.3 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor any of its agents shall
have control over the conduct of Contractor or Contractor's employees, except as herein
set forth. Contractor shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Contractor are for its account only,
and in no event shall Contractor or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Contractor
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind
City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Contractor of City's intent to terminate. If this
Agreement is terminated by City, an adjustment to Contractor's compensation shall be
made, but (i) no amount shall be allowed for anticipated profit or unperformed Services,
and (ii) any payment due Contractor at the time of termination may be adjusted to the extent
of any additional costs to City occasioned by any default by Contractor. Upon receipt of a
termination notice, Contractor shall immediately discontinue its provision of the Services
and, within five (5) days of the date of the termination notice, deliver or otherwise make
available to City, copies (in both hard copy and electronic form, where applicable) of
project related data, design calculations, drawings, specifications, reports, estimates,
summaries and such other information and materials as may have been accumulated by
Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis
for Services completed up to the date of termination.
8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to Contractor
pursuant to this Agreement. Such books shall be available at reasonable times for
examination by City at the office of Contractor.
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8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained herein,
and any prior negotiations, written proposals or verbal agreements relating to such matters
are superseded by this Agreement. Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City and
Contractor.
U This Agreement shall be governed by and construed in accordance with the laws of the
State of California, without regard to its conflicts of laws provisions. The Parties agree that
all actions or proceedings arising in connection with this Agreement shall be tried and
litigated only in the state courts located in San Bernardino County, California, and the
federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement
is declared invalid, void or unenforceable by a court of competent jurisdiction, the same
shall be deemed severable from the remainder of this Agreement and shall not affect,
impair or invalidate the remaining sentences, clauses, paragraphs or sections contained
herein, unless to do so would deprive a Party of a material benefit of its bargain under this
Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have
signed in confirmation of this Agreement.
CITY OF REDLANDS
By.
Mario Sauce AMavyor,
ATTEST:
nnc Donaldson, City Clerk
BRIGHTVIEW LANDSCAPE
SERVICES, INC.
By:
Enrico arogna, Sr. Vice President
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EXHIBIT "A"
SCOPE OF SERVICES
TURF MOWING MAINTENANCE ONLY (see "Part A Maps" for visual exhibit)
The City requires turf mowing only for specific parks. Services shall include:
• Routine mowing of turf areas to maintain a functional and aesthetically pleasing
appearance
• Parks with sports fields (i.e. soccer, baseball, flag football) are not part of the turf -
mowing only scope. Perimeter turf (around sports fields) are the areas of mow only.
• Coordination with City staff on mowing frequency and scheduling
FULL -SERVICE MAINTENANCE (see "Part B Maps" for visual exhibit)
Landscaped center medians and thirteen (13) Community Facility Districts (CFD) throughout
the City require comprehensive maintenance, including:
• Turf mowing, weed whacking, and edging of all turf areas
• Vine, shrub, ground cover maintenance, fertilization/replacement
• Blow/sweep of hardscape surfaces, curb, gutter
• Irrigation system inspection, repairs, and controller programming
• Weed control (manual and/or chemical)
• Pest control
• Empty trash receptacles, debris/litter removal
• Inspection of playground/exercise equipment
• Inspection of BBQ and picnic areas, clean out BBQ, trash receptacles
• Retention basin maintenance
• DG pathway maintenance, inspection of exercise pads
• Fertilization, aeration, seasonal turf care
• CFD Locations with citrus groves require weed and pest control
• Light trimming of trees from ground to maintain 6' of ground clearance, as needed
• Seasonal seeding or sod replacement, as needed
• Seasonal planting or plant replacement, as needed
MOW AND EDGE MAINTENANCE - LANDSCAPE MAINTENANCE DISTRICTS
(LMD ) (see "Part C Maps" for visual exhibit)
Maintenance of landscaped areas within five (5) LMD tracts shall include a mow and edge
service scope:
• Turf mowing, weed whacking, and edging of all turf areas
• Weed control (manual and/or chemical)
• Irrigation inspections and repairs, and controller programming
• Trash/debris removal
Blowing and general site cleanliness
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SPECIALIZED GROUNDS MAINTENANCE — HILLSIDE MEMORIAL PART
CEMETERY (see "Part D Mans" for visual exhibit)
• Turf mowing, weed whacking, and edging of all turf areas
• Edging with a string trimmer
• Weed control
• Blowing of paved and gravel walkways
• Light trimming of trees from the ground to maintain 6' ground clearance, as needed
• Flower beds, rose trimming
• Special care and handwork around:
o Upright monuments
o Mausoleums
o Crypts and vaults
o Garden of Serenity
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Services to be provided at the following locations:
PART A. TURF MOWING MAINTENANCE ONLY
1
Brookside Park 1630 Brookside Ave
8.13
acres
2
Corporate Yard
p 1270 W Park Ave
0.49
acres
3
Crafton Park 601 N Wabash Ave
4.34
acres
4
Dearborn Parklet 500 N Dearborn St
0.17
acres
5
Ford Park 955 Parkford Dr
10.43
acres
6
Heritage Park Orange Ave between Iowa St and Nevada
St
1.06
acres
7
Isreal Beal Park East 255 Riverview Dr
5.06
acres
8
Isreal Beal Park West 255 Riverview Dr
3.76
acres
9
Jennie Davis 923 W Redlands Blvd
1.94
acres
10
Martinez Park 1535 N Church St
13.41
acres
1 I
Prospect Park 352 Prospect Dr
0.66
acres
12
Simonds Parkway Garden St & Rossmont Dr
0.68
acres
Smiley Park 101 Parkwood Dr
Smiley Park - Redlands Bowl Between Grant St and Eureka St
Smiley Park - Joslyn Center Between Grant St and Eureka St
13
Smiley Park - AK Smiley Public Library Between Eureka St and 4th St
9.98
Smiley Park -Lincoln Shrine Between Eureka St and 4th St
acres
Smiley Park - Contemporary Club Between Eureka St and 4th St
Smiley Park - Police Annex Corner of Cajon St and Vine St
14
Sports Park 1790 Dearborn St (p
28'78
acres
15
Sylvan Park & Micah House 601 N University St
18.97
acres
16
Texonia Park Pennsylvania Ave, Texas St and W
Lugonia Ave
6.56
acres
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Services to be provided at the following facilities.
PART B. FULL -SERVICE MAINTENANCE
1
Brookside Ave From Terracina Blvd to Kansas St
0.47 acres
2
Brookside Ave From Price St to Center St
0.82 acres
3
Brookside Ave Between Cajon St to Buena Vista St
0.31 acres
4
Brookside Ave Between Buena Vista St to Brookdale Dr
0.58 acres
5
Brookside Ave Between Brookdale Dr to San Mateo St
0.34 acres
6
Brookside Ave Between San Mateo St to Alabama St
0.33 acres
7
Brookside Ave Between Alabama St to Terracina Blvd
0.30 acres
8
California St at Orange Tree Ln
0.22 acres
9
Eureka St to Orange St I- 10 off ramp/on ramp
2.50 acres
10
Eureka St Off ramp to W Redlands Blvd
0.0 nacres
11
Laramie Park 1473 Laramie Ave
0.15
aces
12
Lincoln Part, Off Sylvan Blvd and Lincoln St
3.74 acres
13
Orange St to 6th St I- 10 off ramp/on ramp
3.41 acres
14
Orange Blossom Trail East Wabash Ave to N Grove St
8.47 acres
15
Orange Blossom Trail West Between Redlands Blvd to Tennessee St
3.66 acres
16
Redlands Blvd on Alabama St, Redlands Blvd to Kansas St
0.49 acres
17
Redlands Blvd Between Ford St and Fern Ave
3.23 acres
18
The Terrace On E Colton Ave between Alta St and Church St
2.03 acres
19
stonlversity St train station Park Ave between University St to Cook St
0.29 acres
20
West State St medians Between Tennessee St and New York St
0.16 acres
21
Zanja Trail Between Lincoln St to Wabash Ave
4.27 acres
22
Zanja Trail Between Church St to 9th St
0.97 acres
PART B. FULL -SERVICE MAINTENANCE — COMMUNITY FACILITY DISTRICTS (CFD)
1
Annex 2004-1 5`h Ave at Wabash Ave
3.97
acres
2
Annex 4 Ford St at Patricia Dr
3.55
acres
3
Annex 5 California St at Orange Tree Ln
2.48
acres
4
Annex 9 Redlands Blvd at Nevada St
0.72
acres
5
Annex 12A Lucas Ln & Judson St West
494
acres
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6
Annex 12B Lucas Ln at Judson St
2.62
acres
7
Annex 12C Arnie Ct North & South green belts
0'27
acres
8
Annex 12D San Bernardino at Adeline Ave
6.49
acres
9
Annex 14 California St at Almond Ave
0.13
acres
10
Annex 16 Domestic Ave, Texas St, and Clementine St
10.11
acres
11
Annex 19 Wabash Ave at Sylvan Blvd
1.97
acres
12
Annex 20 Wabash Ave at Citrus Ave
112
acres
13
Annex 21 Lugonia Ave at Pennsylvania Ave
3.38
acres
PART C. MOW AND EDGE MAINTENANCE - LANDSCAPE MAINTENANCE DISTRICTS LMD
1
E San Bernardino Ave between Occidental Dr and Deanna Way
0.57
acres
2
E San Bernardino Ave between N Grove St to Kelly St (cul-de-sac), Nelson St to Moriarty
0.41
Ln
acres
3
Rebecca Crest at Alessandro Rd (slopes facing Alessandro Rd)
1.73
acres
4
Reservoir Rd from Devonshire to Lexington Ln
0.05
acres
5
San Bernardino Ave between Vermont St to Columbia St (cul-de-sac)
0.28
acres
6
Wabash Ave between Mendocino Way and Brockton Ave
0.28
acres
PART D. SPECIALIZED GROUNDS MAINTENANCE — HILLSIDE MEMORIAL PART
CEMETERY
1 1540 Alessandro Road 29.0
acres
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EXHIBIT `B"
FEESCHEDULE
Service Location
Monthly Cost Year
1
Monthly Cost Year
2
Monthly Cost Year
3
Monthly Cost Year
4
PartA-Turf Mowing
Maintenance Only
$8,009
$8,249
$8,496
$8,751
Part B -Full-Service
Maintenance
$24,160
$24,885
$25,632
$26,401
Part C - Mow & Edge
Maintenance (LIVID)
$1,058
$1,090
$1,123
$1,157
Hillside Memorial Cemetery
$10,796
$11,120
$11,454
$11,798
TOTAL MONTHLY COST
$44,023
$45,344
$46,705
$48,107
TOTAL ANNUAL SERVICE
COST $528 276 $544 128 $560 460 $577 284
As Needed Services
Rate Year 1
Rate Year 2
Rate Year 3
Rate Year 4
Irrigation Technician (Per
Hour)
$70.00
$72.10
$74.26
$76.49
Irrigation Parts
Cost Plus 15%
Cost Plus 15%
Cost Plus 15%
Cost Plus 15%
Estimated Annual As Needed
Service Costs
$29,504.00
$30,159.00
$30,834.00
$31,529.00
TOTAL ANNUAL COSTS
(Including Service and
Irrigation)
$557,780.00
$574,287.00
$591,294.00
$608,813.00
"IMM IMal INULW nxceea U,JJ2,1 /4.uo over tour -year term.
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EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees.
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires 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 and activities required or permitted under this
Agreement. (Labor Code § 1861).
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such that
I become subject to the workers' compensation laws of California, immediately I shall provide the
City with a certificate of consent to self -insure, or a certification of workers' compensation
insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
BrightView Landscape Services, Inc.
By
. L
Enrico IVI rogna, Sr. Vice President
Date: 719/25
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