08-125 Valley Crest Tree Company
AGREEMENT
CITY OF CUF'ERTINO
~~ 10300 Torre Avenue ~~~~/~ Q
`, Cu408!777-::200014 NO. ,=./yy ~~~ ` /
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BY THIS RE ENT, made and entered into this 2nd day of December, 2008, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Valltey Crest Twee Company (Nursery Division #5420);
Address: 8504 Calaveras Road, Sunol, CA 94586; Phone: 925-862-2485~y Fax: 925-862-0602; (Hereinafter
referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
At Stevens Creek Corridor Park: Provide plant materials I~er "Exhibit A"
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Scope marked "Exhibit A"
TERMS: The services and/or materials furnished under this P,greement shall commence on December 2, 2008
and shall be completed before March 34, 2009
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Not to Exceed S 30,580.00 -
Califomla Labor Code, Sectlon '177'1 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 Harrtrfeas. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability due
to negligence, errors and omissions, inGuding all costs of defending any claim, caused by or arising out ofthe pertormance of this Agreement. City
shall not be liable for acts of Contractor in performing services described herein.
Inaurance. Should the City require evidence of insurebility, Contractor shaR,filel~.with'Ctty a Certificate of Insurance before oommencing any services
under this Agreement. Said Certificate shall be subject to the appr9yppl,of jit•r'sDirector of AdmiNStratlve Services.
Non-Dlacriminatlon. No discriminatlon shall be matle in the emplojrment~of persons under this Agreement because of the race, color, national
origin, ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this Agre~ml3ft~is 4iidt~a `rontraet of employment in the sense that the relaUOnship of master
and servant exists between City and undersigned. At all times, Contractor :rhall be deemed to ba an Independent cpntractor and Contractor is not
authorized to bind the CRy to any contracts or other obligations in execuUngi 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.
Changes. This Agreement shall not be assigned a transferred without the written consent of the City. No changes or variatlons of any kind are
authorized without the written consent of the Clty.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME: Terry Greene , > ,, r.:i-: ,.. DEPARTMENT: Public Works Department
This Agreement shall become effective upon its execution b~~ CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONT CTOR:
By "
Title S - e
Soc_ Sec. # or Tax I.D. ~ .~- ~ ~-~
APPROVALS
CJTY OF CUPERTINO: U EJ\TEJ L~~
By
Title: erry Greene, AIA, City Architect
E:KPENDITURE DISTRIBUTION
Jit~E H
I'~L~ / / i ~ / /
VC C./~-~L/I DATE
't, S
',Ei27-9112-9300 ~
$30,580A0
- .~
~~~= VALLEY CREST TREE COMPANY
- The Tree Growing & Tree Moving Company
EXHIBIT' A
November 18, 2008
Valley Crest Tree Company is pleased to provide: this proposal to the City of Cupertino to
supply box trees to the Stevens Creek Corridor site at Blackberry Farm, 21979 San Fernando
Avenue, Cupertino. Our proposal includes the following:
Item 1. Provide and deliver box trees:
Rig, load and transport to site. Provide agricultural inspections and transportation
permits as needed. Offload and set the following container stock plant material
supplied by Valley Crest. Delivery for most items anticipated within 1 - 8 weeks,
depending on weather and other work in progress at delivery site.
A. Sycamore/riparian species container stock, multi trunk/low branching/natural, in
sizes and quantity as selected by City's representative, sample range as follows:
Qty. Size Description Unit Cost Extension
(5) 60" Platanus racemosa $1,850.00 $ 9,250.00
(2) 48" Platanus racem~~sa $ 825.00 $ 1,650.00
(2) 36" Platanus racemosa $ 335.00 $ 670.00
Subtotal: $ 11,570
B. Box c ontainer stock as acceptable to City's rep resentative includi ng:
(3) 36" Aesculcus californica $ 375.00 $ 1,125.00*
(9) 36" Umbellularia californica $ 335.00 $ 3,015.00*
(3) 36" Quercus kellog,gii $ 325.00 $ 975.00
Subtotal: $ 5,110
C. Other box trees, sizes, quantities and genus as selected by City's representative,
sample range as follows:
(1) 72" Quercus lobata $5,650.00 $ 5,650.00*
(3) 60" Quercus lobata $1,650.00 $ 4,950.00*
(2) 60" Quercus agrifolia, std. $1,650.00 $ 3,300.00*
Subtotal: $ 13,900
*asterisk items, provide care until delivery spring 2009 per City direction.
Total fee: NTE $ 30,580.00
Note: Valley Crest Tree Company will guarantee t,~ replace any tree supplied and maintained by
Valley Crest that fails by providing and delivering a similar size box upon availability), as long
as we are maintaining the trees. We must maintain trees for a minimum of one year. Maintenance
of selected items to be provided under separate con,!ract with Valley Crest Specimen division.
8501 Calaveras Road • Sunol, California • 94586 • Office - 925-862-2485 • fax - 925-862-0602
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