09-084 Ecological Concerns Incorporated~l~a~il
AGREEMENT
CITY OF CU PERTINO
10300 Torre Avenue
Cupertino, i,A 95014
408-7'~7-3200
No.4d~.~~.~a D
BY THIS AGREEMENT, made and entered into this 9th day of July, 2009, by and between the CITY OF
CUPERTINO (hereinafter referred to as CITY) and Ecollogical Concerns Incorporated, 125 Walk Circle,
Santa Cruz, CA 95060, Phone: 831-750-2359 direct/ It31-459-0656 admin. (hereinafter referred to 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:
Provide plant watering, care and maintenance of Phase' 1A & associated creek corridor/restoration plantings
for Stevens Creek Corridor Park and Stream Restoration, Project 9112 per the attached scope of services.
EXHIBITS: The following attached exhibits hereby are trade part of this Agreement:
EXHIBIT A -SCOPE & FEE PROPOSAL
TERMS: The services and/or materials furnished under this Agreement shall be completed before October
31, 2009.,
COMPENSATION: For the full performance of this AgrE~ement, CITY shall pay CONTRACTOR
an amount not to exceed $6,000.00 and per the attached Exhibit A.
California Labor Code, Section 1771 requires the payment of prevai ing 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 hold harmless the City, its officers, agents and employees from any and all damage
and liability due to negligence, errors and omissions, including all costs of defending any claim, caused by or arising out of the
performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein.
Insurance. Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing
any services under this Agreement. Said Cert~cate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination. No discrimination shall lie made in the employment 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 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.
Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any
kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for C ITY shall be:
NAME: Terry W. Greene, AIA DEPARTMENI~: Public Works ENTERED
This Agreement shall become effective upon its execul:ion by CITY, in witness thereof, the parties have
executed this Agreement the day and year first written abo~~e.
CONTRACTOR:
By ~ ~ `l ~' 'I
Title
Tax I.D. 77-0530713
APPROVAj,S
CITY OF CUPERTINO:
By
Terry W. Greene, City Architect
EXPENDITURE DISTRIBUTION
DEPA T H D i ATE
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v 427-9112-930 36,000.00
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EXHIBIT A
SCOPE OF SERVICES
Stevens Creek Corridor Park and Stream Restoration
Planting Maintenance
TASK 1
Provide hand-watering of all plantings within Blackberry Farm installed as part of the
Stevens Creek Corridor Park and Stream Restoration project, Phase 1A creek restoration,
Watering shall include the additional enhancement plantings installed in 2009 such as
plants installed at Horseshoe Bend, at the ADA water access area ramp, at slope repair
areas and near the bridge abutments. Watering is to occur approximately weekly but may
vary depending on weather and temperature.
All non-irrigated plants will be deeply individually watered. Irrigated plants also will be
watered if they show signs of stress or weather is warm. Such plants include but are not
limited to ones west of the channel at Fallen Oak picnic area; transplanted redwood trees;
and plantings installed between the old and new channels downstream of the new bridge.
Scope assumes 4 days of watering at approximately weekly intervals.
Fee for this task is $4,000 ($1,000 per each of 4 watering days).
TASK 2
Provide care and maintenance of plantings described above, including but not limited to
weeding of planted areas using approved methods [hand weeding]; maintenance of mulch
in watering wells; maintenance of browse cages; select removal of cages for plants that
are outgrowing cages; replacement of dead plant material (replacement plants to be
provided by City); maintenance and care of irrigation system.
Fee for this task is $2,000 for the duration of this scope of services and assumes 4 site
visits at approximately $500/visit.
SCHEDULE
Services will commence on July 13 and continue approximately 1 month through August
17 unless otherwise agreed to by City and Contractor.