17-012 Andersons's Tree Care Specialists, Inc., City Hall Turf Reduction Project (CIP 2017-03)C ITY O F
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CUPERT I NO
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino , CA 95014
408 -777 -3200 NO . c:LD/1 -'-f-0~
THIS AGREEMENT, made and entered into this ~4-day of January, 2017, is by and between the
CITY OF CUPERTINO (Hereinafter "CITY") and ANDERSONS'S TREE CARE SPECIALISTS , INC .,
920 S . Winchester Blvd. Suite C San Jose, CA 95128; telephone no . (408) 226-8733 ,
Hereinafter "CONTRACTOR "), in consideration of their mutual covenants , the parties agree as
follows :
CONTRACTOR shall provide or furnish the following specified services and/or materials :
Check box if services are further described in an Exhibit. 0
EXHIBITS : The following attached exhibits hereby are made part of this Agreement: Exhibit A.
TERM: The services and/or materials furnished under this Agreement shall commence on January
27, 2017 and shall be completed no later than March 31, 2017.
COMPENSATION :
1. Maximum compensation allowed by this Agreement: $1 ,800 .00.
2 . CI T Y shall pay CONTRACTOR for services provided in accordance with Ex hibit A.
a . CONTRACTOR mailing address for documents and remittances :
Anderson 's Tree Care Specialists , Inc.
PO Box 2B
San Jose, CA 95109-0002
California Labor Code , Section 1771 requires the payment of prevailing wages to all workers
employed on a Public Works contract in excess of $1 ,000 .00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend , and hold
harmless the City and its officers, officials , agents , employees and volunteers against any and all
liability , claims , stop notices, actions, causes of action or demands whatsoever from and against any
of them, including any injury to or death of any person or damage to property or other liability of any
nature, arising out of, pertaining to , or related to the performance of this Agreement by Contractor or
Contractor's employees, officers, officials, agents or independent contractors . Contractor shall not
be obligated under this Agreement to indemnify City to the extent that the damage is caused by the
sole or active negligence or willful misconduct of City, its agents or employees . 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.
City of Cupertino
Anderson's Tree Care Specialists , Inc.
City Hall Turf Reduction Project (CIP 201 7-03)
Page 1 of 3
Agreement (Short Form)
.Subcontracting . Contractor has been retained due to their unique skills and Contractor may not
substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior
written consent from City is obtained, only those people whose names are listed this Agreement
shall be used in the performance of this Agreement.
Assignment. Contractor may not assign or transfer this Agreement , without prior written consent
of CITY .
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following
requirements
Coverage:
Contractor shall maintain the following insurance coverage :
(1) Workers' Compensation:
Statutory coverage as required by the State of California .
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate -all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts
of $1,000,000 will be considered equivalent to the required minimum limits
shown above .
(3) Automotive:
Comprehensive automotive liability coverage in the following minimum limits :
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which includes coverage for the professional
acts, errors and omissions of Consultant in the amount of at least $1,000 ,000 .
Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it
has agreed to provide comprehensive general and automotive liability insurance, Contractor shall
look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to either Contractor or City with
respect to the services of Contractor herein, a waiver of any right to subrogation which any such
insurer of said Contractor may acquire against City by virtue of the payment of any loss under such
insurance.
Termination of Agreement. The City reserves the right to terminate this Agreement with or
without cause with a seven (7)-day notice . The Contractor may terminate this Agreement with or
without cause with a seven (7)-day written notice .
City of Cupertino
Anderson 's Tree Care Specialists , Inc.
City Hall Turf Reduction Project (CIP 2017-03)
Page 2 of 3
Agreement (Short Form)
Non-Discrimination. No discrimination shall be made in the employment of persons under this
Agreement because of the race, color, national origin , ancestry, religion, gender or sexual orientation
of such person.
Interest of Contractor. It is understood and agreed that this Agreement is not a contract of
employment in the sense that the relationship of master and servant exists between City and
undersigned. At all times, Contractor shall be deemed to be an independent contractor and
Contractor is not authorized to bind the City to any contracts or other obligations in executing this
Agreement. Contractor certifies that no one who has or will have any financial interest under this
Agreement is an officer or employee of City . City shall have no right of control as to the manner
Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the
manner in which such services are being performed by the contractor.
The Contractor shall comply with all applicable Federal, State, and local laws and ordinances
including, but not limited to, unemployment insurance benefits, FICA laws, and the City business
license ordinance.
Changes. No changes or variations of any kind are authorized without the written consent of the
City .
CONTRACT CO-ORDINATOR and representative for CITY shall be :
NAME: Katy Jensen, CIP Manager DEPARTMENT: Public Works
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties
have-executed this Agreement the day and year first written above.
CITY OF CUPERTINO :
bA~i N__ N~ By ~~~~~~--
Tl.tle ;' ~11.-YA I \1 LA:7h~±
0
~J-r Title: Director of Public Works
APPROVALS EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD DATE
City of Cupertino
Anderson's Tree Care Specialists, Inc .
City Hall Turf Reduction Project (CIP 2017-03)
$1800 .00
Page 3 of 3
Agreement (Short Form)
EXHIBIT A
SCOPE OF SERVICES & COMPENSATION
Overview
Contractor is engaged by City to provide professional arborist services. The Services are to be provided
for the following purpose: to provide a third-party review of the City Hall Turf Reduction Project
(hereinafter "Project") regarding the existing trees and to provide Contractor's professional arborist
observations and recommendations.
1. Services:
The services to be provided are as follows:
A. Review the following documents (the "Review") pertaining to the Project, to be provided by City to
Contractor:
a. Soil report
b. 2015 arborist report that includes the impacted existing trees
c. Proposed Project plans and technical specifications
B. Meet onsite (the "Meeting") with the City for one hour to orally convey Contractor observations and
recommendations .
C. Craft a written report (the "Report") as a follow-up to the Meeting with the City . This service is
optional, and will only be performed upon written request of City.
D. Upon written request of City, prepare additional reports and addenda, liaise with other
stakeholders, and provide other services as may be needed, as an Additional Service.
2. Assumptions:
Contractor agrees to provide the Services based upon the materials (such as site plans, sketches and
notes) and explanations given to Contractor by City, and upon Contractor understanding of what is
required to complete the Services for Project. Contractor accepts no responsibility for either incorrect or
incomplete materials and/or incorrect or incomplete information . Any survey boundaries marked on
plans, or on the ground, are not the responsibility of Contractor.
Any changes in plans, locations or certain features or other aspects that affect the Services to be
provided by Contractor shall be communicated in writing to Contractor in a timely manner. Under no
circumstances shall Contractor be responsible for any such changes unless written notification has been
sent to Contractor by the City providing a detailed description as to the changes, and Contractor shall
not be responsible for any changes unless it has responded to the City in writing acknowledging receipt
of such written notification.
City of Cupertino
Anderson's Tree Care Specialists, Inc .
City Hall Turf Reduction Project {CIP 2017-03)
Page 1 of 2
Exhibit A
EXHIBIT A
SCOPE OF SERVICES & COMPENSATION
3. Compensation:
The compensation covers anticipated time to be spent by Contractor or its employees, subcontractors or
agents in providing the Services. This includes travel time to and from the Property; time spent on the
Property; time spent preparing reports; and time spent in liaison with the City up to the point where the
Report is provided to the City.
Maximum Compensation for all services under this agreement is as stated in Agreement, Compensation
paragraph. The compensation breakdown for services is as follows:
Base Services
A. Review : $450.00
B. Meeting: $225.00
Optional Service -authorized upon written request of City
C. Report: $900.00
Additional Services -authorized upon written request of City
Additional Services shall be charged to City at $225 .00 per hour, plus any and all applicable
disbursements up to the maximum allowance stated below. No work will be performed without
the express written authorization of City.
D. Additional Services Allowance:$ 225.00
In the event that Contractor is able to carry out and complete Services in a manner which incurs less
time than initially anticipated in this Contract, then Contractor will reduce the fees charged for the
Services proportionately.
City of Cupertino
Anderson 's Tree Care Specialists, Inc.
City Hall Turf Reduction Project (CIP 2017-03)
END OF EXHIBIT
Page 2 of 2
Exhibit A