08-126 Valley Crest Speciment Tree Division
AGREEIMENT
l f~ CITY OF CUF~ERTINO
5 '10300 Torre Avenue q
Cu 408'777--: 200014. NO. ~`ID~b ~ / O
BY THIS AGREEMENT, made and entered into this 2nd clay of December, 2008, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and VaI/ey C:r+est Specimen Tree DJvision (#5240); Address: 850!
Caiaveras Road, SunoJ, CA 94586; Phone: 925-862-2485 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: Supply, install and maintain for 1 year 96" and 72" box trees and maintain
additional trees per "Exhibit A"
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Scope marked "Exhibit A"
TERMS: The services andlor materials furnished under this <~greement shall commence on December 2, 2008
and shall be completed before March 39, 2090.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Not to Exceed $ 58,200.00
Califomla Labor Code, Sectton 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 agrees to save and hoM harmless the Ctty, Its afffcers, agents and employees from any and all damage and liability due
to negligence, errors and omissions, including all wets of defending any Gaim, caused by or arising out of the performance of this Agreement. City
shall not be liable for acts of Contractor En performing services described hensln.
Insurance. Should the Clty require evidence of insurability, Contractor shall file with Clty a Certificate of Insurance before commencing any services
under this Agreement. Said Certificate shall be subject to~the approval of Cifys Director of Administrative Serviws.
Non-D[acrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, nattonal
origin, ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this Agreement is not a wntract 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 ba an independent wntractor and Contraotor is no[
authorized to bind the City to any wntrac[s or other obligations in executtnl3 this agreement. Contractor certifies that no one who has a will have
any financial interest under this Agreement is an officer or employee of City.
Changes. This Agreement shall not be assigned or~transfemed without th~3 written consent of the City. No changes or variations of any kind are
authorized without the written wnsent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME: Terry Greene. DEPARTMENT: Public Works Department
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year f'r itten above. ar
CO C CITY OF CUPERTINO: ~ E,\TERED
By BY
Title / metal ft..3 `~ i/z:o rQ' ~/.~c-~ tic sv~dr..~<a Title: Terry Greene, AIA, City Architect
Soc. Sec. # o Tax I.D. ~~
APPROVALS EXPENDITURE DISTRIBUTION
ART U.s ~~ ,E 6 ~ Q 427-9112-9300 ~ X58,200.00
CI LER ~oZ _ D E
- ~ O7 A
~- 1
~~~= VALLEY CREST. TREE COMPANY
- The Tree Growing & Tree Moving Company
EXHIBIT A
November 18, 2008 ,
Valley Crest Tree Company is pleased to provide our proposal to the City of Cupertino for the
Specimen Tree Supply 8z Installation Project at the Stevens Creek Corridor site at Blackberry
Farm, 21979 San Fernando Avenue, Cupertino. Our proposal is based upon the conditions of the
site on October 28, 2008 and includes the following scope of work:
Item A, Provide 8c install 96" box tree:
Rig, load and transport to-site. Provide agricultural inspections and transportation permits
as needed. Excavate planting pits, offload, set, install sub-drains, guy wire, and plant the
following trees supplied by Valley Crest Tree Company:
Otv Size Description Unit Cost Extension
(1) 96" Quercus kellogi:i $22,000.00 $22,000.00
Total lump sum for the work as outlined above in Bid Item A is $22,000.00
Item B. Provide 8z install 72" box trees:
Rig, load and transport to-site. Excavate planting pits, offload, set, install sub-drains, y
wire, and plant the following trees supplied by Valley Crest: ~ -
Qty. Size Description Unit Cost Extension ~ ~•`"-~
(1) 72" Quercus agrifolia $ 8,650.00 $ 8,650.00
(1) 72" Quercus agrifolia $10,150.00 $10,150.00 ~ ~v~
t
Total lump sum for the work as outlined. above in Bid Item B is $18,800.00
Item C -Maintenance:
Provide hand watering post-installation m~iintenance, as needed; and provide routine care
as needed; for a period of one (1) year, for trees noted above plus:
(1) 96" Quercus kelloggii
(2) 72" Quercus agrifolia
(5) 60" Platanus race;mosa
(2) 48" Platanus race:mosa
(2) 36" Platanus race;mosa
(1) 60" Quercus kelloggii (provided by others, no warranty)
(1) 60" Quercus agrifolia (provided by others, no warranty)
Maintenance Item C will be billed at a rate of $1,4500 ner mt-nth wta`'`'~
12 months of maintenance will be provided for $17,400.00.
Note.• Palley Crest Tree Co. guarantees to replace any tree supplied and maintained by Palley
Crest that fails with a similar size box (upon availability) and install said replacement tree, at no
8501 Calaveras Road • Sunol, California • 94586 • Office - 925-862-2485 • fax - 925-862-0602
Specimen Tree Supply c4z Installation Project
Blackberry Farms -Cupertino, California
Page Two
charge, as long as we are maintaining the trE~es. We must maintain trees for a minimum of one
year. This warranty applies to the 72"and 96" box Quercus trees in Item B.
Palley Crest guarantees to replace any tree supplied by Palley Crest Nursery Division and and
maintained by Palley Crest Specimen Division that fails, by supplying and delivering at no
charge a similar size box tree as long as we are maintaining the trees. Minimum maintenance
period is one year. This warranty applies to the Platanus trees in Item B.
Note: Any change in scope of maintenance work or water availability may require re-bid of
proposal. Any change in scope of work may require re-bid ofproposal.
TOTAL FEE PROPOSAL., ITEMS A - C: $58,200
Clarifications:
• Valley Crest Tree Company is an open shop contractor, non-signatory to any labor
agreements. This proposal is based on prevaiiling wage rates.
• Site is to be readily accessible to a 70 ton crane, backhoe excavation, workmen with hand
tools, semi truck and trailer.
• A water source is to be provided on-site.
• This proposal is based on performing the work. in one continuous operation and includes one
mobilization of crews and equipment to and fr~~m site. Any additional mobilizations to site
will be billed at an additional rate for crew plus crane costs.
• Soil generated by our excavations will be used as a) backfill to plant trees b) and to fill
holes created by removal of trees.
• All excess soil from excavations will be spread or stockpiled adjacent to working site.
• Compaction of excavation backfill is not included.
• Plant material, specifications and price are subject to availability at time of order.
• Warranty/Monitorin~: Valley Crest Tree Company shall warranty the above plant material
against defective materials and workmanship for a period not to exceed one (1) year. Please
note the following clarifications as part of our warranty agreement:
/ Warranty is contingent upon monitoring performed by Valley Crest Tree Company as
provided for in Item C of this agreeme~it, and expires upon termination of monitoring
by Valley Crest Tree Company. This warranty is subject to maintenance
recommendations by Valley Crest Tree: Company and any deviations from said
recommendations will result in negating warranty. See attached recommendations.
/ In the event a tree dies during the monitoring period and recommendations have been
followed, Valley Crest Tree Company shall replace said tree with the same species
and size of tree at no cost to owner.
/ If tree replacement is required, site shall be accessible as per our original teens.
/ Valley Crest Tree Company is not responsible for damage due to events beyond our
control, i.e. extreme or unreasonable weather conditions, vandalism, fire, etc.
• Unmarked underground or overhead utilities or re-routing thereof, are not the responsibility
of Valley Crest Tree Co.
Payment Terms
Payment terms: No retention to be held. Maintenance, will be billed monthly and is due
within 30 days of receipt of invoice for services fully completed.
8501 Calaveras Road • Sunol, California • 94586 .~ Office - 925-862-2485 • fax - 925-862-0602