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11-091 Watershed Nursery, SCC Park & Restoration Phase 2 Native Plant Propagation & Horticultural Services (1111:k OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CLPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223• FAX: (408) 777-3366 WEBSITE:www.cupertino.orcl CUPERTINO July 3, 2012 Diana Benner The Watershed Nursery 601 —A Canal Boulevard Richmond, CA 91804 Re: First Amendment to Agreement for Stevens Creek Corridor Park and Restoration Phase 2 Native Plant Propagation and Horticultural Services An original copy of your agreement with the City of Cupertino is enclosed. If you have any questions or need additional information, please contact the Public Works department at(408) 777-3354. Sincerely, jr"— -- Kirsten Squarcia Acting Deputy City Clerk City of Cupertino Enclosure cc: Public Works FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CUPERTINO AND THE WATERSHED NURSERY FOR STEVENS CREEK CORRIDOR PARK AND RESTORATION PHASE 2 NATIVE PLANT PROPAGATION AND HORTICULTURAL SERVICES This First Amendment to the Services Agreement between the City of Cupertino and The Watershed Nursery, for reference dated June 25th, 2012 , is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and The Watershed Nursery, a California corporation whose address is 601 - A Canal Blvd., Richmond, CA 94804 (hereinafter "Consultant"), and is made with reference to the following: RECITALS: A. On August 31St, 2011, an agreement was entered into by and between City and The Watershed Nursery(hereinafter "Agreement"). B. City and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Section 4, Compensation, of the Agreement is modified to read as follows: The compensation to be paid to CONSULTANT for professional Services and reimbursable expenses shall be based on lump sum not to exceed Twenty Five Thousand Four Hundred Fifty Dollars ($25,450) for Basic Services and Reimbursable Expenses. An allowance of Two Thousand Five Hundred Fifty Dollars ($2,550) for potential Additional Services is provided and is to be expended only upon advance written authorization by the CITY. The contract not-to-exceed fee is Twenty Eight Thousand Dollars ($28,000). The rate of payment is set out in Exhibit B and Exhibit B-1, titled "Compensation", which is attached hereto and incorporated herein. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. Page 1 of 2 15i Amendment to The Watershed Nursery Agreement IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. THE WATERSHED NURSERY CITY OF CUPERTINO A Municipal Corporation BY • By —..t n y Dir-: ; of ' . : Works, Timm Borden Title%)fl))tc_` Q Date Ct (V.//12.- RECOMMENDED FOR APPROVAL: By Re � I Q_�,-1 Par Restoration and Imp ovement Manager Gail Seeds APPkOV D S TO FORM: By ,. ) ( tip CQ City Attorney, Carol Korade ATTEST: ....110.1 By City erk, Grace Schmidt Page 2 of 2 I'Amendment to The Watershed Nursery Agreement EXHIBIT B - 1 COMPENSATION Stevens Creek Corridor Park & Restoration Phase 2 This is an exhibit attached to, and made a part of this Services Agreement between the CITY OF CUPERTINO ("City") and THE WATERSHED NURSERY ("Consultant") dated August 31, 2011 for the provision of native plant collection, propagation and horticultural services. Delivery services: Fee to deliver plant materials,via single enclosed truck, $250.00/delivery to job site at 22120 Stevens Creek Boulevard, Cupertino, CA plant material up to 5 gallon size Fee includes labor, materials,tools, equipment,transportation, $500.00/delivery and incidental expenses. plants larger than 5 gallon size Collection services: Fee to collect seeds, acorns, cuttings and watershed-specific $720.00/day propagules as required. Fee includes labor, materials,tools, equipment,travel,transportation, and incidental expenses. Page 1 of 1 EXHIBIT B COMPENSATION Stevens Creek Corridor Park& Restoration Phase 2, Plant Quantities Native Plants to be provided late summer-fall 2013 Proposed species, size and quantity This is an exhibit attached to, and made a part of this Services Agreement with The CITY OF CUPERTINO ("City") and THE WATERSHED NURSERY ("Consultant") for the provision native plant propagation and horticultural services. Will Be ITEM DESCRIPTION Estimated Desired Unit Watershed Total Collection Timeline Quantity Size Price Specific? Cost month(s)and year Species Common Name Yes/No 1 Acer macrophylla Bigleaf maple 20 4-gal TP 17.20 yes $344.00 2A Acer negundo Box elder 15 15 gal 60.00 yes $900.00 2B Acer negundo Box elder 10 TP4 6.80 yes $68.00 3 Achillea millefolium Yarrow 25 D40 4.00 $100.00 4 Aesculus califomica California buckeye 20 4-gal TP 17.20 yes $344.00 5A Alnus rhombifolia White alder 25 15 gal 60.00 yes $1,500.00 5B Alnus rhombifolia White alder 20 TP4 6.80 yes $136.00 6 Aristolochia californica Dutchmen's Pipe Vine 20 D40 4.00 yes $80.00 7 Artemisia douglasiana Mugwort 40 1 gal 5.60 yes $224.00 8 Artemesia californica California Sage Brush 20 TB4 6.40 yes $128.00 9 Asclepias fascicularis Narrow leaf milkweed 25 D40 4.00 $100.00 10 Baccharis douglasii Douglas'false willow 40 1 gal 5.60 yes $224.00 11 Baccharis pilularis consanguinea Coyote brush 20 TB4 6.40 yes $128.00 12 Bromus carinatus California brome 125 SC 1.56 yes $195.00 13 Ceanothur cuneatus cuneatus Buck brush 80 TB4 6.40 yes $512.00 14 Clematis lasiantha Chaparrral clematis 15 D40 4.00 yes $60.00 15 Clematis ligustcifolia Western virgin's bower 20 D40 4.00 yes $80.00 16 Cornus sericia Creek/red osier dogwood 20 TB4 6.40 yes $128.00 17 Corylus(cornuta]californica Hazelnut 25 4-gal TP/5 ga 20.00 yes $500.00 18 Cyperus eragrostis Nut sedge 125 D40 4.00 yes $500.00 19 Elymus glaucus Blue wildrye 150 SC 1.56 yes $234.00 20 Epilobium canum ssp.canum California fuschia 40 D40/1 gal 5.60 $224.00 21 Epipactis gigantea" Stream orchid 20 TB4 6.40 yes $128.00 22 Helenium puberulum Rosilla 20 D16 5.60 yes $112.00 23 Heuchera micrantha Coral Bell's 20 D16 5.60 $112.00, 24 Heteromeles arbutifolia Toyon 40 T64 6.40 yes $256.00 25 Holodiscus discolor Cream bush 30 TB4 6.40 yes $192.00 26 Iris douglasiana Douglas iris 50 D40 4.00 yes $200.00 27 Juncus patens Gray Rush 40 D16 5.60 $224.00 28 Jur cus xiphioides Iris-leaved Rush 20 D16 5.60 $112.00 29 Lonicera hispidula Hairy honeysuckle 20 D40 4.00 yes $80.00 30 Marah fabaceus Wild cucumber 15 1 GAL 5.60 yes $84.00 31 Melica califomica Californica melic 75 SC 1.56 yes $117.00 32 Mimulus aurantiacus Sticky monkeyflower 40 TB4 6.40 yes $256.00 33 Mimulus cardinalus Scarlet monkeyflower 25 TB4 5.60 yes $140.00 34 Mimulus guttatus Seep monkeyflower 25 TB4 5.60 yes $140.00 35 Nassella pulchra Purple needlegrass 125 SC 1.56 yes $195.00 36 Oemlaria cerasiformis Osoberry 30 TB4 6.40 yes $192.00 37A Platanus racemosa Western Sycamore 10 TP4 6.80 yes $68.00 Page 1 oF2 37B Platanus racemosa Western Sycamore 15 4-gal TP 17.20 yes $258.00 38 Physocarpus capitatus Ninebark 30 TB4 6.40 yes $192.00 39A Populus balsamifera Black cottonwood 10 4-gal TP 17.20 yes $172.00 39B Populus balsamifera Black cottonwood 10 TP4 6.80 yes $68.00 40 Potentilla glandulosa Cinquefoil 20 D40 4.00 yes $80.00 41 Polystichum munitum Western Swordfern 25 1 GAL/TB4 8.00 yes $200.00 42 Prunus ilicifolia Hollyleaf cherry 35 TP4 6.80 yes $238.00 42A Quercus agrifolia Coast live oak 100 Acorns 0.25 yes $25.00 42B Quercus agrifolia Coast live oak 25 4-gal TP 17.20 yes $430.00 43A Quercus lobata Valley oak 20 TP4/D60 6.40 yes $128.00 43B Quercus lobata Valley oak 50 Acorns 0.25 yes $12.50 44A Rhamnus californica Coffeeberry 20 5 GAL 20.00 yes $400.00 44B Rhamnus californica Coffeeberry 20 TB4 6.40 yes $128.00 45 Ribes californicum Hillside gooseberry 25 1 GAL/TB4 6.40 yes $160.00 46 Ribes sanguineum Flowering currant 20 1 GAL/TB4 6.40 yes $128.00 47 Ribesspeciosum Fuschia flowered gooseberry 20 1 GAL/TB4 6.40 yes $128.00 48 Rosa californica Wild rose 60 D40 4.00 yes $240.00 49 Rubus leucodermis Western raspberry 30 TB4 5.60 no $168.00 50 Rubus ursinus California blackberry 150 TB4 5.60 yes $840.00 51 Rubus parviflorus Thimbleberry 25 TB4 6.40 yes $160.00 52 Rumex salicifolius Willow-leaved dock 50 D40 4.00 yes $200.00 53 Sambucus mexicana Blue elderberry 30 TB4 6.40 yes $192.00 54 Salix laevigata Red willow 45 L.-gal TP/5 ga 17.20 yes $774.00 55 Salix lucida var.lasiandra Yellow/shining willow 25 I.-gal TP/5 ga 17.20 yes $430.00 56 Salix lasiolepis Arroyo willow 45 L.-gal TP/5 ga 17.20 yes $774.00 57 Salvia mellifera Black sage 20 TB4/1 GAL 6.40 yes $128.00 58 Salvia spathacea Pitcher/crimson sage 20 TB4/1 GAL 5.60 yes $112.00 59 Scirpus microcarpus Bulrush 100 D40 4.00 yes $400.00 60 Scrophularia califomica Calif.Bee Plant 40 TB4/1 GAL 5.60 yes $224.00 61 Sisyrinchium bellum Blue-eyed grass 40 TB4/1 GAL 5.60 yes $224.00 62 Stachys ajugoides Hedge Nettle 20 1 GAL 6.40 $128.00 63 Symphoricarpos albus Snowberry 30 TB4 6.40 yes $192.00 64 Verbena lasiostachys var. Robust Vervain 20 TB4/1 GAL 6.40 $128.00 scabrida _ TOTAL quantity excluding acorns 2,550 [TOTAL COST, plants&acorns $15,622.50 TOTAL quantity including acorns 2,700 Fee to provide locally-sourced native plants: $15,650.00 container stock and acorns noted above Delivery services, allowance $1,500.00 Sales tax, allowance $1,450.00 Collection services, allowance $6,850.00 SUBTOTAL, base scope services $25,450.00 Allowance for additional services $2,550.00 TOTAL CONTRACT, not-to-exceed fee $28,000.00 Additional services, if required, shall be performed after receiving written authoriation from the City in the form of an Additional Service Directive(ASD). Page 2 of 2 CITY OF P.O. # AGREEMENT BETWEEN CITY OF CUPERTINO AND Wy t o THE WATERSHED NURSERY FOR CUPERTINO STEVENS CREEK CORRIDOR PARK AND RESTORATION PHASE 2 NATIVE PLANT PROPAGATION AND HORTICULTURAL SERVICES THIS AGREEMENT is made and entered into this?SI — day of <,t , 2011 by and between the City of Cupertino, a municipal corporation, hereinafter re rred to as CITY and The Watershed Nursery hereinafter referred to as CONSULTANT. RECITALS WHEREAS, CITY desires to obtain Plant Propagation and Horticultural consultant services for Stevens Creek Corridor Park and Restoration Phase 2 Project , (hereinafter referred to as Project); and, WHEREAS, CITY requires certain services in connection with Project (hereinafter referred to as Services); and, WHEREAS, CONSULTANT has the necessary expertise, qualifications and skill to perform the Services required and is prepared to provide such Services; and, NOW, THEREFORE, the purpose of this Agreement is to retain The Watershed Nursery as CONSULTANT to CITY to perform those Services specified in Exhibit A of this Agreement, and the parties hereby agree as follows: Section 1. Scope of Services CONSULTANT shall perform those Services specified in Exhibit A, titled "Scope of Services ", which is attached hereto and incorporated herein. Section 2. Term of Agreement The term of this Agreement shall commence on August 29, 2011 and continue through March 31, 2014. In the event that the Services called for under this Agreement are not completed within the time specified, the CITY may extend the time for completion. Section 3. Schedule of Performance The Services of CONSULTANT are to be completed in a manner that allows native plant propagules to be collected, propagated, and grown to the sizes noted in the attached Exhibits in time for delivery to the CITY by summer 201 CONSULTANT is not responsible for delays beyond CONSULTANT's reasonable control. RECEIVED PUBLIC WORKS DEPARTMENT SEP 01 2011 Section 4. Compensation The compensation to be paid to CONSULTANT for professional Services and reimbursable expenses shall be based on Time and Material not to exceed Twenty Five Thousand Four Hundred Fifty Dollars ($25,450.00) for Basic Services and Reimbursable Expenses. An allowance of Two Thousand Five Hundred Fifty Dollars ($2,550.00) for potential Additional Services is provided and is to be expended only upon advance written authorization by the CITY. The total contract not -to- exceed fee is Twenty Eight Thousand Dollars ($28,000.00). The rate of payment is set out in Exhibit B, titled "Compensation ", which is attached hereto and incorporated herein. Section 5. Method of Payment CONSULTANT shall furnish to CITY a detailed statement of the work performed for compensation during the term of this Agreement. CONSULTANT may submit monthly invoices for interim progress payments during the course of each phase, clearly stating as a minimum the total Contract amount, amount paid to date, percent complete, and amount due. Section 6. Independent Contractor It is understood and agreed that CONSULTANT, in the performance of the Services, shall act as and be an independent contractor and not an agent or employee of CITY; and as an independent contractor, CONSULTANT shall obtain no rights to retirement benefits or other benefits which accrue to CITY's employees, and CONSULTANT hereby expressly waives any claim it may have to any such rights. Section 7. No Third Party Rights CONSULTANT's Services under this Agreement are intended for the sole benefit of City and shall not create any third party rights or benefits. Section 8. Project Coordination A. CITY: Director of Public Works shall be representative of CITY for all purposes under this Agreement. The Park Restoration and Improvement Manager, is hereby designated as the Director of Public Works' designee and Project Manager, and shall supervise the progress and execution of this Agreement. B. CONSULTANT: CONSULTANT shall assign a single CONSULTANT Project Manager to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Should circumstances or conditions subsequent to the execution of the Agreement require a substitute CONSULTANT Project Manger for any reason, the CONSULTANT Project Manager designee shall be subject to the prior written acceptance and approval of the City Project Manager. The designated CONSULTANT Project Manager shall be Diana Benner. Agreement The Watershed Nursery 2 Section 9. Assignability / Subconsultants / Employees The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement or the performance of any obligations hereunder, without the prior written consent of CITY, and any attempt by CONSULTANT to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the Services of CONSULTANT hereunder. No subconsultant of CONSULTANT will be recognized by CITY as such; rather, all subconsultants are deemed to be contractors of CONSULTANT, and it agrees to be responsible for their performance. CONSULTANT shall give its collective professional attention to the fulfillment of the provisions of this Agreement by all of its employees and subconsultants, if any, and shall keep the work under its control. If any employee or subconsultant of CONSULTANT fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, such employee or subconsultant shall be discharged immediately from the work under this Agreement on demand of CITY. Section 10. Indemnification Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemni defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Agreement The Watershed Nursery 3 Section 11. Insurance Requirements CONSULTANT shall furnish to CITY, within 15 days following the execution of this Agreement, the required certificates and endorsements to provide CITY satisfactory proof that CONSULTANT has taken out for the entire period required by this Agreement, as further described below, the following insurance and endorsements, in a form satisfactory to CITY and with an insurance carrier satisfactory to CITY, authorized to do business in California and rated by A. M. Best & Company "A" or better, financial category size FSC Class VII or better or that is otherwise acceptable to CITY, which will protect those described below from claims described below which arise or are alleged to have arisen out of or result from the acts or omissions of CONSULTANT for which CONSULTANT may be legally liable, whether performed by CONSULTANT, or by those employed directly or indirectly by it, or by anyone for whose acts CONSULTANT may be liable: A. Workers' Compensation and Employer':; Liability Insurance: Workers' compensation insurance indicating compliance with State's workers' compensation laws and employer's liability insurance with a minimum of one million dollars ($1,000,000.00) per accident for injury, death or disease to any employee. The policy shall contain an endorsement waiving all rights of subrogation against CITY, its officers, officials, employees or volunteers. In the event CONSULTANT is self - insured, it shall furnish Certificate of Permission to Self - Insure signed by Department of Industrial Relations Administration of Self- Insurance, State of California. B. Professional Liability, General Liability and Automobile Liability Coverage: 1. Automobile Liability Insurance shall include coverage for bodily injury and property damage for owned (if any), hired and non -owned vehicles and shall not be less than one million dollars ($1,000,000.00), combined single limit for any one occurrence. 2. Comprehensive or Commercial General Liability Insurance shall include coverage for bodily injury, property damage and personal injury for premises operations, product /completed operations and contractual liability. The amount of the insurance shall not be less than one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate, combined single limit. (Claims made policies are not acceptable.) CONSULTANT shall also provide aggregate limits per project endorsement and primary insurance endorsement. 3. Professional liability Insurance (including Contractual Liability) shall include coverage for claims for professional acts, errors or omissions and shall not be less than one million dollars ($1 per claim, and two million dollars ($2,000,000.00) in the aggregate. This coverage shall be maintained for a period of 5 years after completion of the Agreement. C. Additional Insurance Provisions 1. CITY shall have the right to inspect or obtain a copy of the original policies of insurance. 2. On CONSULTANT's Commercial General Liability policy and Automobile Liability Policy, CITY of Cupertino and their affiliates, directors, officers, officials, Agreement The Watershed Nursery 4 partners, representatives, employees. consultants, subconsultants and agents, shall be named as additional insured, but only with respect to liability arising out of work or operations performed by or on behalf of CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to CONSULTANT's insurance (at least as broad as ISO Form CG 20 37 07 04 or CG 20 10 11 85), as a separate Owner's and CONSULTANT's Protective Liability Policy, or on the Entity's own form. 3. The general, auto, and professional liability policies shall be endorsed to provide primary insurance coverage for all claims related to the Services provided under this contract. 4. The certificate of insurance shall state the policy will not be cancelled without thirty (30) days prior written notice to CITY. 5. All policies, endorsements, certificates, and /or binders shall be subject to approval by CITY as to form and content. These requirements are subject to amendment or waiver if so approved in writing by CITY. 6. If CONSULTANT fails to maintain any required insurance, CITY may take out such insurance, and deduct and retain amount of premium from any sums due CONSULTANT under this Agreement. 7. Professional liability insurance coverage is required if CONSULTANT is providing a service regulated by the State of California or if required by CITY. Section 12. Nondiscrimination CONSULTANT shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin in connection with or related to the performance of this Agreement. Section 13. Termination A. CITY or CONSULTANT shall have the right to terminate this Agreement without cause, by giving not Tess than thirty (30) days prior written notice of termination. B. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, CITY may terminate this Agreement upon thirty (30) days prior written notice if CONSULTANT fails to take steps to correct such failure within the notice period. C. The Director of Public Works is authorized to terminate this Agreement on behalf of CITY. Agreement The Watershed Nursery 5 D. In the event of termination, CONSULTANT shall deliver to CITY, copies of all reports, documents, and other work performed by CONSULTANT under this Agreement, and upon receipt thereof, CITY shall pay CONSULTANT for Services performed and reimbursable expenses incurred to the date of termination. Section 14. Governing Law CITY and CONSULTANT agree that the law governing this Agreement shall be that of the State of California. Section 15. Compliance With Laws Consistent with its professional standard of care, CONSULTANT shall comply with all applicable federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. CONSULTANT shall procure the permits, certificates, and licenses necessary to allow CONSULTANT to perform the Services described in Exhibit A. CONSULTANT is required to pay prevailing wage where applicable. Section 16. Confidential Information All data, documents, discussions, or other information developed or received by or for CONSULTANT in performance of this Agreernent are confidential and not to be disclosed to any person except as authorized by CITY, or as required by law. Section 17. Ownership of Materials. Any interest (including copyright interests) of CONSULTANT or its subconsultants, in studies, reports, memoranda, computational sheets, plans, plans or any other documents (including electronic media) prepared by CONSULTANT or its subconsultants at any time in connection with the Services, shall be immediately upon its creation, the property of CITY. To the extent permitted by Title 17 of the United States Code, work product produced under this Agreement shall be deemed works for hire and all copyrights in such works shall be the property of CITY. In the event that it is ever determined that any work and any former works created by CONSULTANT or its subconsultants under this Agreement are not works for hire under U.S. law, CONSULTANT hereby assigns to CITY all copyrights to such works when and as created. With CITY's prior written approval, CONSULTANT may retain and use copies of such works for reference and as documentation of experience and capabilities. Electronic and hard copies of CONSULTANT'S work product shall constitute the Project deliverables. Plans to be in CAD and PDF formats, and other documents to be in Microsoft Word and PDF formats. CITY holds CONSULTANT harmless for any reuse of or modification to the documents. Section 18. No Waiver. The granting of any payments, and any inspections, reviews, approvals or oral statements by any CITY representative, or certification by any governmental entity, shall in no way limit CONSULTANT's obligations under this Agreement. Either party's waiver of any breach, or Agreement The Watershed Nursery 6 the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of this Agreement, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive the party's right thereafter to enforce or compel strict compliance with every provision hereof. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of CITY and CONSULTANT. Section 19. CONSULTANT's Books and Records A. CONSULTANT shall maintain any and all ledgers, books of accounts, invoices, canceled checks, and other records or documents evidencing or relating to charges for Services, or expenditures and disbursements charged to CITY for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONSULTANT pursuant to this Agreement. B. CONSULTANT shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to CITY for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at CONSULTANT's address indicted for receipt of notice in this Agreement. B. Where CITY has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment, or termination of CONSULTANT's business, CITY may, by written request by any of the above - named officers, require that custody of the records be given to CITY and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by CONSULTANT, CONSULTANT' s representatives, or CONSULTANT' s successor -in- interest. Section 20. Interest of CONSULTANT CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder. CONSULTANT further covenants that, in the performance of this Agreement, no subconsuh:ant or person having such an interest shall be employed. CONSULTANT certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of CITY. It is expressly agreed that, in the performance of the Services hereunder, CONSULTANT shall at all times be deemed an independent CONSULTANT and not an agent or employee of CITY. Agreement The Watershed Nursery 7 Section 21. Gifts A. CONSULTANT is familiar with CITY's prohibition against the acceptance of any gift by a CITY officer or designated employee, which prohibition is found in CITY Administrative Procedures. B. CONSULTANT agrees not to offer any CITY officer or designated employee any gift prohibited by the Administrative Procedures. C. The offer or giving of any prohibited gift shall constitute a material breach of this Agreement by CONSULTANT. In addition to any other remedies, CITY may have in law or equity, CITY may terminate tl-,is Agreement for such breach as provided in Section 13 of this Agreement. Section 22. Notices All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the respe • ies lows: To CITY: / s Gail Seeds City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 408 - 777 -1334 e -mail: gails @cuoerti .org To CONSULTANT: Diana Benner The Watershed Nursery 601 — A Canal Blvd. Richmond, CA 94804 510- 234 -2222 e -mail: diana@therwatershednursery.com Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the mail. Section 23. Venue In the event that suit shall be brought by either party hereunder, the parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or where otherwise appropriate, exclusively in the United State District Court for the Northern District of California, San Jose, California. Agreement The Watershed Nursery 8 Section 24. Agreement Binding /Prior Agreements and Amendments The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subconsultants of both parties. This Agreement, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by a written amendment duly executed by the parties to this Agreement. Section 25. Costs and Attorneys Fees The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other party. Section 26. Electronic Transmission of Information From time to time, CONSULTANT may be directed to transmit information to CITY, or CITY's other Consultants, or CITY's Contractor via electronic transmission. CITY, or CITY's other Consultants, or CITY's Contractor shall not be entitled to and CITY hereby agrees not to alter or modify any such information without the express consent of CONSULTANT. Similarly, CITY, or CITY's other Consultants, or CITY's Contractor shall not use any information for any purpose not expressly covered by this Agreement. CONSULTANT shall not be responsible for any destruction or corruption of such information during or after transmission to CITY, or CITY's other Consultants, or CITY's Contractor and shall be entitled to appropriate additional compensation in the event re- transmission or re- creation is required. Notwithstanding the foregoing, CITY's Contractor may use electronically transmitted information to prepare submittals, as -built drawings and record drawings. CONSULTANT shall not be responsible for any changes made by the Contractor or for the Contractor's work product. Section 27. Dispute Resolution Any dispute related to the Services hereunder shall be resolved by the parties pursuant to applicable law. Agreement The Watershed Nursery 9 P.O. # WITNESS THE EXECUTION HEREOF on the day and year first herein above written. APPROVED AS TO FORM: CITY OF CUPERTINO a municipal corporation City ttorney, Carol Korade Crr� date 9-111 irector of Public Works, Timm Borden A st: ` > A 1C1� 04—date (1 1,y Kimberly Smith NOTARY PUBLIC CERTIFICATION 10300 Torre Avenue State of California Cupertino, CA 95014 County of CO/1-1 cp_ 408 - 777 -3223 i / ) On _d 3 J / m g L 9 , before CONSULTANT V me, A PI/ I h.?) S it C4-1 , The Watershed Nursery Notary Public, personally appeared 13-cn By: who proved to me on the basis of satisfactory evidence to be the person (s5 whose name (s)D are subscribed to the within instrument and acknowledged to Date: ' / ✓ I , 2011 me that he / /hey executed the same in his / ; r / heir capacity (iers), and that 5��� by his /I'i/ their signature (,$) on the Name: ,. A \'1V ' instrument the person O or the entity Title: Y . 1. j�, , 0 v a_ upon behalf of which the person (s) n 3A915:9-- acted, executed the instrument. Tax I.D. No.: 35 A I certify under PENALTY OF PERJURY 601 — A Canal Blvd., under the laws of the State of California Richmond, CA 94804 that the foregoing paragraph is true and correct. 510- 234 -2222 WITNESS my hand and official seal. Account No.: 427 - 9134 -9300 gna �11Y Contract Amount: $28,000.01 tary Public 77:• K• MEthR�ER Agreement V.- '; COMM. # 190658 The Watershed Nurs 4,;z ^ - K NOTARY PUBLIC - CALIFORNIA CONTRA COSTA COUNTY My omm. Exp. . 13, 2014 CALIFORNIA ALL - PURPOSE ACKNOWLIEDGMENT State of California 1 y � (\ '1 1' County of 0.1 `-�G (1� J g On tt w t before me, • ` ./ A :#1.- L_A ; Date ..---r----.., Here Insert Name and itl of the i cer personally appeared t t 0A Y1-I �C Name(s of Signer(s) who proved to me on the basis of satisfacto 1 evidence to be the person() whose name(g) is/ subscribed to the within instrument and acknowledged , b< , GRACE SCHMIDT to me that he /(e /tOy executed the same in h :;� Commission 1923164 his/44.0 it authorized capacity(i), and that by ` Notary Public - California i his /h �r /t it si nature on the � �Y/ Santa Clara County g O instrument the p t Comm. iron Feb 21, 2015 person or the entity upon behalf of which the y person(g) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the pi laws of the State of California that the foregoing t paragraph is true and correct. WITNESS my hand and oft I seal. Signature: / ( K Place Notary Seal Above Signature of Notary Public P OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document I and could prevent fraudulent removal and reattachment of this form to another document. 9 Description of Attached Document Title or Type of Document: r �1AK Irl.'Cktif4, -Q hl Sir y ; Document Date: (� Numb of Pages: Signer(s) Other Than Named Above: J ) 0. rlQ� IS 2 /1 1/I � i.j/ Capacity(ies) Claimed by Signer(s) C Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): C] Corporate Officer — Title(s): ❑ Individual RIGHTTHUMBPRINT 1] Individual RIGHT THUMBPRINT i OF SIGNER F SIGNER ❑ Partner — ❑ Limited ❑ General Top of thumb here Cl Partner — ❑ Limited ❑ General Top of thumb here q ❑ Attorney in Fact Cl Attorney in Fact ❑ Trustee Cl Trustee ❑ Guardian or Conservator 11 Guardian or Conservator ❑ Other: CI Other: 9� Signer Is Representing: Signer Is Representing: p5 © 2009 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 EXHIBIT A SCOPE OF .SERVICES PROJECT DESCRIPTION Scope of work includes professional knowledge, labor, materials and equipment required to collect, propagate and grow high quality watershed - specific container stock for the City of Cupertino's Stevens Creek Corridor Park and Restoration Phase 2 project, using seeds, cuttings and propagules collected in the Stevens Creek watershed (unless otherwise acceptable to the City), and the propagation, care, maintenance, and delivery of the plant material to the City of Cupertino in 2013. SERVICES Plant Material: Species and sizes are to be per Exhibit B. Seed /propagule collection: The Watershed Nursery will provide native plant material grown from locally native seed, cuttings, or other propagules. The propagules will be collected from naturally occurring plant stands within the Stevens Creek watershed. Seeds, cuttings and other propagules will be collected in compliance with applicable laws, ordinances and permits issued by the property owners where collections occur. To increase genetic diversity, The Watershed Nursery will emphasize propagation by seed. Donor plants will be selected from plants at approximately the same elevation as the project site if possible, and will prioritize proximity to the project site. Seed will be collected from dense populations rather than solitary plants and from various populations within the range of the plant species. No more than 20% of seed available from an individual plant will be collected. Collection practices will employ best practices of the profession. Seedling growth: Seeds and propagules will be grown at The Watershed Nursery and each plant will be grown until the rootball is fully developed for the designated container size. Plants shall be spaced far enough apart at all stages of growth such that adequate sunlight reaches the entire plant on all sides and top and bottom. All plants shall be pruned as required for good branch structure. A letter of nursery clearance will be provided from the Agricultural Commission of Alameda County to the city upon request. Inspections of the plant material by the City may be scheduled twice each year at The Watershed Nursery's production facility. Substitutions: If any species noted on Exhibit B cannot be secured or propagated due to lack of availability or poor germination, The Watershed Nursery shall substitute alternate comparable species for approval by the City's project manager. Delivery: Plants will be delivered at arranged dates during construction of the project, anticipated to be late summer and fall of 2013. Unless otherwise acceptable to City, deliveries shall occur by 7:30 am on the delivery day. EXHIBIT B COMPENSATION Stevens Creek Corridor Park & Restoration Phase 2, Plant Quantities Native Plants to be provided late summer -fall 2013 Proposed species, size and quantity This is an exhibit attached to, and made a part of this Services Agreement with The CITY OF CUPERTINO ( "City ") and THE WATERSHED NURSERY ( "Consultant ") for the provision native plant propagation and horticultural services. Will Be ITEM DESCRIPTION Estimated Desired Unit Watershed Total Collection Timeline Quantity Size Price Specific? Cost month(s) and year Species Common Name Yes/No 1 Acer macrophylla Bigleaf maple 20 4 -gal TP 17.20 yes $344.00 2A Acer negundo Box elder 15 15 gal 60.00 yes $900.00 2B Acer negundo Box elder 10 TP4 6.80 yes $68.00 3 Achillea millefolium Yarrow 25 D40 4.00 $100.00 4 Aesculus californica California buckeye 20 4 -gal TP 17.20 yes $344.00 5A Alnus rhombifolia White alder 25 15 gal 60.00 yes $1,500.00 5B Alnus rhombifolia White alder 20 TP4 6.80 yes $136.00 6 Aristolochia californica Dutchmen's Pipe Vine 20 D40 4.00 yes $80.00 7 Artemisia douglasiana Mugwort 40 1 gal 5.60 yes $224.00 8 Artemesia californica California Sage Brush 20 TB4 6.40 yes $128.00 9 Asclepias fascicularis Narrow leaf milkweed 25 D40 4.00 $100.00 10 Baccharis douglasii Douglas' false willow 40 1 gal 5.60 yes $224.00 11 Baccharis pilularis consanguinea Coyote brush 20 TB4 6.40 yes $128.00 12 Bromus carinatus California brome 125 SC 1.56 yes $195.00 13 Ceanothur cuneatus cuneatui Buck brush 80 TB4 6.40 yes $512.00 14 Clematis lasiantha Chaparrral clematis 15 D40 4.00 yes $60.00 15 Clematis ligustcifolia Western virgin's bower 20 D40 4.00 yes $80.00 16 Cornus sericia Creek/red osier dogwood 20 TB4 6.40 yes $128.00 17 Corylus [cornuta] californica Hazelnut 25 4 -gal TP /5 ga 20.00 yes $500.00 18 Cyperus eragrostis Nut sedge 125 D40 4.00 yes $500.00 19 Elymus glaucus Blue wildrye 150 SC 1.56 yes $234.00 20 Epilobium canum ssp. canurr California fuschia 40 D40/1 gal 5.60 $224.00 21 Epipactis gigantea" Stream orchid 20 TB4 6.40 yes $128.00 22 Helenium puberulum Rosilla 20 D16 5.60 yes $112.00 23 Heuchera micrantha Coral Bell's 20 D16 5.60 $112.00 24 Heteromeles arbutifolia Toyon 40 TB4 6.40 yes $256.00 25 Holodiscus discolor Cream bush 30 TB4 6.40 yes $192.00 26 Iris douglasiana Douglas iris 50 D40 4.00 yes $200.00 27 Juncus patens Gray Rush 40 D16 5.60 $224.00 28 Juncus xiphioides Iris - leaved Rush 20 D16 5.60 $112.00 29 Lonicera hispidula Hairy honeysuckle 20 D40 4.00 yes $80.00 30 Marah fabaceus Wild cucumber 15 1 GAL 5.60 yes $84.00 31 Melica californica Californica melic 75 SC 1.56 yes $117.00 32 Mimulus aurantiacus Sticky monkeyflower 40 TB4 6.40 yes $256.00 33 Mimulus cardinalus Scarlet monkeyfower 25 TB4 5.60 yes $140.00 34 Mimulus guttatus Seep monkeyfower 25 TB4 5.60 yes $140.00 35 Nassella pulchra Purple needlegrass 125 SC 1.56 yes $195.00 36 Oemlaria cerasiformis Osoberry 30 TB4 6.40 yes $192.00 37A Platanus racemosa Western Sycamore 10 TP4 6.80 yes $68.00 Page 1 of 2 37B Platanus racemosa Western Sycamore 15 4 -gal TP 17.20 yes $258.00 38 Physocarpus capitatus Ninebark 30 TB4 6.40 yes $192.00 39A Populus balsamifera Black cottonwood 10 4 -gal TP 17.20 yes $172.00 39B Populus balsamifera Black cottonwood 10 TP4 6.80 yes $68.00 40 Potentilla glandulosa Cinquefoil 20 D40 4.00 yes $80.00 41 Polystichum munitum Western Swordfern 25 1 GAL/TB4 8.00 yes $200.00 42 Prunus ilicifolia Hollyleaf cherry 35 TP4 6.80 yes $238.00 42A Quercus agrifolia Coast live oak 100 Acorns 0.25 yes $25.00 42B Quercus agrifolia Coast live oak 25 4 -gal TP 17.20 yes $430.00 43A Quercus lobata Valley oak 20 TP4 /D60 6.40 yes $128.00 43B Quercus lobata Valley oak 50 Acorns 0.25 yes $12.50 44A Rhamnus californica Coffeeberry 20 5 GAL 20.00 yes $400.00 44B Rhamnus californica Coffeeberry 20 TB4 6.40 yes $128.00 45 Ribes californicum Hillside gooseberry 25 1 GAL/TB4 6.40 yes $160.00 46 Ribes sanguineum Flowering currant 20 1 GAL/TB4 6.40 yes $128.00 47 Ribes speciosum Fuschia flowered gooseberry 20 1 GAL/TB4 6.40 yes $128.00 48 Rosa californica Wild rose 60 D40 4.00 yes $240.00 49 Rubus leucodermis Western raspberry 30 TB4 5.60 no $168.00 50 Rubus ursinus California blackberry 150 TB4 5.60 yes $840.00 51 Rubus parviflorus Thimbleberry 25 TB4 6.40 yes $160.00 52 Rumex salicifolius Willow- leaved dock 50 D40 4.00 yes $200.00 53 Sambucus mexicana Blue elderberry 30 TB4 6.40 yes $192.00 54 Salix laevigata Red willow 45 4-gal TP /5 ga 17.20 yes $774.00 55 Salix lucida var. lasiandra Yellow /shining willow 25 4-gal TP /5 ga 17.20 yes $430.00 56 Salix lasiolepis Arroyo willow 45 4-gal TP /5 ga 17.20 yes $774.00 57 Salvia mellifera Black sage 20 TB4 /1 GAL 6.40 yes $128.00 58 Salvia spathacea Pitcher /crimson sage 20 TB4/1 GAL 5.60 yes $112.00 59 Scirpus microcarpus Bulrush 100 D40 4.00 yes $400.00 60 Scrophularia californica Calif. Bee Plant 40 TB4 /1 GAL 5.60 yes $224.00 61 Sisyrinchium bellum Blue -eyed grass 40 TB4/1 GAL 5.60 yes $224.00 62 Stachys ajugoides Hedge Nettle 20 1 GAL 6.40 $128.00 63 Symphoricarpos albus Snowberry 30 TB4 6.40 yes $192.00 64 Verbena lasiostachys var. Robust Vervain 20 TB4 /1 GAL 6.40 $128.00 _ scabrida - TOTAL quantity excluding acorns 2,550 (TOTAL COST, plants & acorns $15,622.50 TOTAL quantity including acorns 2,700 Fee to provide locally- sourced native plants: $15,650.00 container stock and acorns noted above Delivery services, allowance $1,500.00 Sales tax, allowance $1,450.00 Collection services, allowance $6,850.00 SUBTOTAL, base scope services $25,450.00 Allowance for additional services $2,550.00 TOTAL CONTRACT, not -to- exceed fee $28,000.00 Additional services, if required, shall be performed after receiving, written authoriation from the City in the form of an Additional Service Directive (ASD). Page 2 of 2 • Form 1111 Request for Taxpayer Give form to the (Rev. October 2007) Identification Numlber and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service Name (as shown on your income tax return) a The Watershed Nursery Business name, if different from above a c c Check appropriate box: ❑ Individual /Sole proprietor ® Corporation ❑ Partnership Exempt .4": ❑ Limited liability company. Enter the tax classification (D =disregardec entity, C= corporation, P= partnership) ► ❑ p payee `o 2 El Other (see instructions) O. C c Address (number, street, and apt. or suite no.) Requester's name and address (optional) CL 0 601 A Canal Blvd —_ – d City, state, and ZIP code m Richmond, Ca. 94804 $ List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. 35 2325457 Part 11 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as E result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you hal,e been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of ` Here U.S. person ► .�/�� Date ► c ` f General Instructions Definition of a U.S. person. For federal tax urposes, you are considered a U.S. person if you are: Section references are to the Internal Revenue Code unless • An individual who is a U.S. citizen or U.S. resident alien, otherwise noted. • A partnership, corporation, company, or association created or Purpose of Form organized in the United States or under the laws of the United A person who is required to file an information return with the States, IRS must obtain your correct taxpayer identification number (TIN) • An estate (other than a foreign estate), or to report, for example, income paid to you, real estate • A domestic trust (as defined in Regulations section transactions, mortgage interest you paid, acquisition or 301.7701 -7). abandonment of secured property, cancellation of debt, or Special rules for partnerships. Partnerships that conduct a contributions you made to an IRA. trade or business in the United States are generally required to Use Form W -9 only if you are a U.S. person (including a pay a withholding tax on any foreign partners' share of income resident alien), to provide your correct TIN to the person from such business. Further, in certain cases where a Form W -9 requesting it (the requester) and, when applicable, to: has not been received, a partnership is required to presume that 1. Certify that the TIN you are giving is correct (or you are a partner is a foreign person, and pay the withholding tax. waiting for a number to be issued), Therefore, if you are a U.S. person that is a partner in a 2. Certify that you are not subject to backup withholding, or partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. 3. Claim exemption from backup withholding if you are a U.S. status and avoid withholding on your share of partnership exempt payee. If applicable, you are also certifying that as a income. U.S. person, your allocable share of any partnership income from The person who gives Form W -9 to the partnership for a U.S. trade or business is not subject to the withholding tax on purposes of establishing its U.S. status and avoiding withholding foreign partners' share of effectively connected income. on its allocable share of net income from the partnership Note. If a requester gives you a form other than Form W -9 to conducting a trade or business in the United States is in the request your TIN, you must use the requester's form if it is following cases: substantially similar to this Form W -9. • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W -9 (Rev. 10 -2007) Afk.R DATE(MM/DD CERTIFICATE OF LIABILITY INSURANCE 08-19-2013 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONALINSURED,the policy(ies)must be endorsed. If SUBROGATIONIS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statementon this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT ALL COMMERCIAL SERVICES LLC/PHS PHONE FAX 253170 P: (866) 467-8730 F: (877) 905-0457 �'c "° Ext): (866) 467-8730 (A/c,N°): (877) 905-0457 PO BOX 33015 _ADDRESS: SAN ANTONIO TX 78265 _ INSURER(S)AFFORDING COVERAGE NAIC q INSURER A: Hartford Casualty Ins Co INSURED INSURER B LAURA HANSON & DIANA BENNER DBA THE INSURER C WATERSHED NURSERY - 601 CANAL BLVD # A INSURER D RICHMOND CA 94804 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS POLICY TYPE OF INSURANCE INSR WVD POLICY NUMBER _ (MM/DD/YYYY) I (MM/DD/YYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE S 2, 000, 000 COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) 5 300, 000 A CLAIMS-MADE U OCCUR MED EXP(Any one person) $ 10, 000 X General Liab I_1 u 72 SBA AG3199 05/09/2013 05/09/2014 PERSONAL&ADV INJURY S 2 , 000, 000 GENERAL AGGREGATE S 4, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 4 , 000, 000 POLICY i X I PRO a LOC $ JECT _ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ _ _ ALL OWNED SCHEDULED u H BODILY INJURY(Per accident) $ AUTOS u AUTOS PROPERTY DAMAGE HIRED AUTOS I NON-OWNED (Per accident) $ I AUTOS $ UMBRELLA LIAB ! OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE u IJ AGGREGATE $ DEDI I RETENTION $ _ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS I I ER ANY PROPRIETOR/PARTNER/EXECUTIVES N/A I E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? u U (Mandatory in NH) E.L. DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ uu DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Those usual to the Insured' s Operations . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE City of Cupertino DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10300 TORRE AVE AUTHORIZE-0 R PRESENTATIVE'�J / CUPERTINO, CA 95014 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ALL COMMERCIAL SERVICES LLC/PHS PO BOX 33015 SAN ANTONIO TX, 78265 13593 City of Cupertino 10300 TORRE AVE CUPERTINO, CA 95014 in a Additional Certholder Text The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees, are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor/Consultant at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations per the Business Liability Coverage Form SS0008. Per project aggregate applies per form SSO433. ACORD 25 (2010/05) A�I DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 08-19-2013 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONALINSURED,the policy(ies)must be endorsed. If SUBROGATIONIS 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). CONTACi PRODUCER NAME: ALL COMMERCIAL SERVICES LLC/PHS PHONE 166007 P: (866) 467-8730 F: (888) 443-6112 /C (A/C (888) 443-6112 No,Ext1: (866) 467-8730 PO BOX 33015 ADDRESS: SAN ANTONIO TX 78265 _ INSURER(S)AFFORDING COVERAGE NAIC k INSURER A: Property & Casualty Co of Hartf rd INSURED INSURER B LAURA HANSON & DIANA BENNER DBA THE INSURER C: WATERSHED NURSERY INSURER D 601 CANAL BLVD # A INSURER E RICHMOND CA 94804 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION DF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDID 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. 0 INSIR TYPE OF INSURANCE INSR WVD POLICY NUMBER _ (MM/DD/YYYY) (MM/DD/YYYYI LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS-MADE U OCCUR MED EXP(Any one person) $ Il H PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREIGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY JECT U LOC _ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY(Per person) $ ANY AUTO _ _ ALL OWNED SCHEDULED I BODILY INJURY(Per accident) $ AUTOS u AUTOS `� PROPERTY DAMAGE HIRED AUTOS NON-OWNED (Per accident) $ U AUTOS $ UMBRELLA LIAB a OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE u u AGGREGATE $ DEDI I RETENTION $ _ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER YIN _ ANY PROPRIETOR/PARTNER/EXECUTIVE- E.L.EACH ACCIDENT $ 1 000, 000 A OFFICER/MEMBEREXCLUDI u N/A U 72 WEC EP8879 09/01/2013 09/01/2014 (Mandatory in NH) E.L. DISEASE-EA EMPLOYE S 1, 000, 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1, 000, 000 uu DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Those usual to the Insured' s Operations . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE City of Cupertino DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10300 TORRE AVE AUTHORIZED R PRESENTATIVE�f / CUPERTINO, CA 95014 — / �'�� 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ALL COMMERCIAL SERVICES LLC/PHS PO BOX 33015 SAN ANTONIO TX, 78265 13593 City of Cupertino 10300 TORRE AVE CUPERTINO, CA 95014 Additional Certholder Text The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees, are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor/Consultant at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations per the Business Liability Coverage Form SS0008. Per project aggregate applies per form SSO433. ACORD 25 (2010/05)