09-147 The Watershed Nursery Stevens Creek Corridor ParkAGREEMENT
CITY OF CUPERTINO
1 0300 Torre Avenue ~, ,/ ~7f 9
Cupertino, CA 950 ~/~~--~/~~ NO.yy~~~~~/
408-777-3 O ~~' `~
BY THIS AGREEMENT, made and entered into this 17th da ovember, 2009, by and between the CITY
OF CUPERTINO (hereinafter referred to as CITY) ~tnd The Watershed Nursery, 60yA Canal Blvd.,
Richmond, CA 94804, Phone: 5~0-234-2222 (herein~.fter 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 hydrological consulting services for Stevens Creek Corridor Park, Project 9112, including design
services and construction phase support, per the attached scope of services.
EXHIBITS: The following attached exhibits hereby are n-lade part of this Agreement:
EXHIBIT A -SCOPE & FEE PROPOSAL
EXHIBIT B -INSURANCE REQUIREMENTS
TERMS: The services and/or materials furnished under this Agreement shall commence on November 17,
2009 and shall be completed before August 31 , 201 O.
COMPENSATION: For the full performance of this Agri=_ement, CITY shall pay CONTRACTOR
an amount not to exceed $32,780.00 and per the attached Exhibit A.
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 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.
tnsurance. Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing
any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination. No discrimination shall be 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 ;his 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 CITY shall be:
NAME: Terry W. Greene, AIA 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.
CONTRACTOR: ~ CITY OF CUPERTINO:
By ~t,i~r, ~PiL'~~'~fZ By
Title ~4r131 ~'-e7~ ~~''~~'-=~-~L~ Terry W. Greene, City Architect
Soc. Sec. # or Tax I.D. ~ 5 - ,z.3 aS~dS~---
APPROVALS _ / EXPENDITURE DISTRIBUTION
O~~
D RT E H ~4T~~
427-9172-9300
$32
780
00
.
` ` ,
.
CI L K DATE ( U ~, ,.` O
EXHIE3IT A
Proiect Description
At the Stevens Creek Corridor Phase 1 restoration site the work scope includes planting of --- 300
watershed-specific, primarily riparian species beginning in November 2009, as well as professional
plant establishment and care services to be provided during the months of Nov. 2009 to May 2010_
Planting
Species selection: Plant species have been selected- from material previously collected and grown
from the project watershed.
Planting: The Watershed Nursery (TWN) will plait container material as specified in original
project specifications (refer to City plans and specifications for Project 9112 and plan sheet P8).
The City will flag planting locations by species. The City will provide mulch at no charge available
at McClellan Ranch and cages as needed will be available from plantings to be uncaged by TWN.
Some plantings will be replacement for lost materiail and a portion will be in-fill planting. Material
planted in the creek channel will not be caged. City will provide sites for accessing water typically
via quick couplers to irrigate new plantings.
Care Tasks, Native Plantings
The City of Cupertino desires services by trained personnel knowledgeable in the installation,
establishment and care of native plant species. The following plant care activities will be provided
for the upland, riparian and meadow areas of the Stevens Creek project site:
Weeding of planting basins.
Additional weeding outside of basins to help establishment of newly recruited native
seedlings and control growth of non-native species. This may include weed-whacking or
selective weeding of particular invasive species and/or nonnatives outside of planting basins-
Select pruning/sprucing focusing on public/visible areas.
Removal of cages from plants in flood plain and plants which have outgrown cages.
Spot watering as needed during extended (~-2 weeks+) dry/hot spells.
Observation and recommendations on cycling of drip irrigation for upland plants.
Troubleshoot and correct minor irrigation problems.
Spot hand broadcasting of seed for erosion ~~ontrol. Additional broadcasting may be
requested for infill, cover, wildflower sowing or other goals.
Additional Tasks Allowance
In addition to specified activities above, an allowance has been provided to address additional
activities that will assist in establishment of the restoration areas such as:
Exceptional, non-regular weeding efforts.
Installation of supplemental plant material.
Extreme extended dry period necessitating :additional watering events.
Ameliorate for damage from storm events.
Page 2
Because this is a new restoration site and in a dynamic riparian system, it is understood that
unanticipated maintenance activities may be required. The Watershed Nursery will report regularly
to the City's designated representative any particul:u- maintenance concerns or significant
observations. Similarly, The Watershed Nursery will expect to be notified of desired adjustments to
maintenance activities based on observations of the project site by city staff as applicable.
Budget, Plant Material
Plant material: Pricing does not include any delivery fees. If another entity is conducting a portion
of the planting and requires a delivery of plant matetrial a delivery fee of $100 to $250, depending
on quantity, will be added to plant costs.
Materials
S ecies __ Size Qt Cost/unit Costls ecies
Ater ne undo TP4 1 1 $7.00 $77.00
Alnus rhombi olio TB4 1 $5.50 $5.50
Alnus rhombi olia TP4 2 $7.00 $14.00
AZnus rhombi olio 5- al 6 $20.00 $120.00
Alnus rhombi olio 15- al 6 $45.00 $270.00
Artemisia tali ornica TB4 5 $5.50 $27.50
Artemisia tali ornica TB4 5 $5.50 $27.50
Baccharis dou Zasii D16 25 $2.50 $62.50
Clematis Zi ustici olio D40 5 $3.75 $18.75
Clematis Zi ustici olia D40 15 $3.75 $56.25
Corpus sercia TB4 5 $5.50 $27.50
Corpus sercia TB4 4 $5.50 $22.00
Heteromeles arbuti olia D40 40 $3.75 $150.00
Heteromeles arbuti olia D40 20 $3.75 $75.00
Juncus atens D 16 30 $2.50 $75.00
Lonicera his idula D16 5 $2.50 $12.50
Ph soccer us ca itatus TB4 24 $5.50 $132.00
Ph soccer us ca itatus 1- al 1 $5.00 $5.00
Platanus racemosa TP4 6 $7.00 $42.00
Platanus racemosa TP4 1 $7.00 $7.00
Prunus ilici olio TP4 6 $7.00 $42.00
Prunus ilici olia TP4 8 $7.00 $56.00
Quercus a ri olia TP4 12 $7.00 $84.00
Quercus a ri olia 4- al 3 $18.00 $54.00
Quercus a ri olia 4- al 3 $18.00 $54.00
Quercus Zobata D60 17 $5.00 $85.00
Ribes s 1- al 3 $5.00 $15.00
Rosa tali ornica D40 24 $3.75 $90.00
Page 3
Rosa Cali ornica TB4 1 $5.50 $5.50
Rosa tali ornica TB4 8 $5.50 $44.00
Rubus arvi orus D40 5 $3.75 $18.75
Rubus ursinus 4" 5 $3.50 $17.50
Rubus ursinus D40 7 $3.75 $26.25
Sambucus mexicana D40 21 $3.75 $78.75
Stir us n2ircrocar us D40 30 $3.75 $1 12.50
Scro hularia caZi ornica D16 40 $2.50 $100.00
Subtotal 41 O $2,1 10.25
Sales tax (9.25%) $195.20
Allowance for deliveries $300.00
Total, Plant Materials $2,605.45
Terms and Conditions, Plant Material
Terms:
A non-refundable deposit of 50% of total anticipated contract costs for plant material is required to
begin the project. This amount will be credited to the final invoice. The final invoice will be
submitted by Watershed Nursery to City at time of delivery. Payment will be due within 30 days of
shipment. All claims must be made immediately upon receipt of goods. We will not honor claims
which are filed after goods have been accepted or which are not made within 72 hours after arrival.
Customers will be charged a restocking fee of 20% of the value of any approved returned materials.
Delay of Project- Storage/Maintenance Fees:
The buyer is responsible for accepting the contracted plant material by March 15, 2010. If the
contracted plants are not picked up at the completion date, the buyer will be invoiced for the entire
cost of the contracted plants. After 30 days of the completion date, a monthly maintenance charge
of 10% of the total contract amount will be billed. The Watershed Nursery bears no responsibility
for the conditions of the plants after the project completion date.
Extended Delay of Project: If project is delayed beyond 6 months it may be necessary for plant
health to either increase container size or re-sow plant material (*re-sowing of project material is
dependent on propagule availability). At this point a.ll project payments will be forfeited and a new
contract for the re-sized or re-grown material may be arranged.
Non-warrants:
The Watershed Nursery exercises extreme care to have all plants acclimated to the planting site to
provide the highest transplant success. Nevertheless, The Watershed Nursery gives no warranty,
expressed or implied to the productivity or quality of any nursery stock it sells. Liability is limited
to the purchase price. If the purchaser decides not to accept the plants on these terms, they are to be
returned at once.
Container Return Policy:
In an effort to reuse and recycle as much as possible The Watershed Nursery requests that all
containers and container trays be returned to The Watershed Nursery within 60 days of the delivery
date. Return of the containers in re-usable condition, placed in trays and organized will be the
Page 4
responsibility of the Client. If containers and trays ~~re not returned within 60 days of delivery date
the Client will be charged a container fee equal at ttte following rates:
Container type Price per
container
Su er cells or stubbies $0.15
Dee - of 16 (D-16) $0.25
Dee - of 40 (D-40) $0.30
Treeband 2 or rose of $0.25
Treeband 4 or Tree of 4 $0.35
Tra (all sized) $10.00
Budget, Plant Installation
Plant Installation: Planting costs are listed on a per container basis. Final planting costs will be
determined by the quantity and size of the plants 'I'~VN is requested to plant. Planting costs are
based on no more than a 1:2 slope, 2 hr travel time, and mulching. A charge of $95/day will be
added for plant material for which augured holes are specified. Prior to planting the City will
confirm species/container sizes for which they wish to continue the auguring requirement.
Container size Cost/ lant installation
15- al $24.64
5- al $13.44
4- al $13.44
TP4 $8.96
TB4 $8.96
D40 $5.60
4" $3.36
D 16 $3.36
Budget estimates from City staff, provided 1 1/10/09, reflect funding allocation of an estimated
$3,000 for planting. This would cover - 3.6 days of time for a field crew of 3 and would cover the
unit costs for planting noted above. It is estimated t}iat -80 to 100 plants of the 410 total available
will be installed by Bothman/ECI.
Plant Installation Cost Estimate:
Labor 3,000.00
Augur Rental 300.00 (3 days)
TOTAL $3,300A0
Page 5
Budget, Planting Care
Cost Estimate, Basic Scope, Care Tasks for Native Plantings:
Descri tion-
November- # # # Total
lant care Staff eo le #da s/month hours months hrs Pa rate Estimate
Field
su ervisor 1 2 8 1 16 $50.40 $806
Field crew 3 2 8 1 48 $25.20 $1,210
Waterin Field crew 2 2 8 1 32 $25.20 $806
Subtotal $2,822
December-
February Field
lant care su ervisor 1 2 8 3 48 $50.40 $2,419
Field crew 2 2 8 3 96 $25.20 $2,419
Subtotal $4,838
March-
April plant Field
care su ervisor 1 3 8 2 48 $50.40 $2,419
Field crew 2 3 8 2 96 $25.20 $2,419
Subtotal $4,838
May plant Field
care su ervisor 1 4 8 1 32 $50.40 $1,613
Field crew 2 4 8 1 64 $25.20 $1,613
Subtotal $3,226
Subtotal,
Plant Care
Tasks, Basic
Sco e $15,724
Allowance for warm weather hand v~atering:
Subtotal, 2 workers, 8 hrs/day, 2 days/mo, 3 mos (Dec-Feb), 96 hrs, $2,419
Watering 2 workers, 8 hrs/day, 3 days/mo, 2 mos (Mar-Apr), 96 hrs, $2,419
Allowance 2 workers, 8 hrs/da , 4 da s/mo, 1 mo (Ma ), 64 hrs, $1,613 $6,451
Allowance,
Additional
Care Tasks $5,000
Estimated
Total Care
Costs $27,175
Page 6
Terms, Planting and .Plant Care Services
PlantinE and Plant Care Services:
o Services performed will be invoiced on a two-week basis.
o Terms are payment Net 30.
o The City of Cupertino is entering into this services agreement with the requirement that
TWN will maintain Worker's Compensation and General and Automobile Liability
insurance.
o TWN has been notified that the maintenance in the month of May could be eliminated from
services requested.
TOTAL BUDGET, ALL MATER][ALS, TASKS, AND SERVICES
Plant Materials 2,605.00
Plant Installation 3,000.00
Plant Care 15,724.00
Watering Allowance 6,451.00
Additional Care Tasks 5 000.00
Page 7
EXHIE3IT B
INSURANCE REQUIREMENTS
CONTRACTOR shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection with
the performance of the work hereunder and the re~:ults of that work by the Contractor, his/her
agents, representatives, employees or subcontractors. CONTRACTOR shall maintain at all times
during the performance of the Agreement the following insurance and endorsements:
A. Workers' Compensation and Employer's Li<~bility Insurance:
Workers' compensation insurance indicating compliance with State's workers'
compensation laws and employer's liability insurance with a minimum of one million dollars
($x,000,000.00) per accident for injury, death or disease to any employee, or statutory
limits. The policy shall contain an endorsernent waiving all rights of subrogation against the
City, its officers, officials, employees or volunteers.
B. Professional Liability, General Liability and Automobile Liability Coverage:
~. 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 ($7,000,000.00), 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 ($7 ,000,000.00) per occurrence and two
million dollars ($2,000,000.00) agcregate, combined single limit. (Claims made
policies are not acceptable.) Consultant shall also provide aggregate limits
endorsement and primary insurance endorsement.
3. Professional Liability Insurance (incl~~ding Contractual Liability) -not applicable.
C_ Additional Insurance Provisions
7. The CITY shall have the right to in~;pect or obtain a copy of the original policies of
insurance.
2. The general and auto liability policies shall be endorsed to name the City, its
officers, officials, employees or volunteers as insureds for liability arising out of work
or operations performed by or on behalf of the 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 the Consultant's
insurance (at least as broad as ISO Form CG 20 37 07 04 or CG 20 70 ~ ~ 85), as a
separate Owner's and Contractor's I~rotective Liability Policy, or on the Entity's own
form.
3. The General, Auto, and Profession~il Liability policies shall be endorsed to provide
primary insurance coverage for all claims related to the services provided under this
contract.
4. CONSULTANT shall furnish to the CITY within ~ 5 days following the execution of
this Agreement, the required certificates and endorsements. The certificate of
insurance shall state the policy will not be cancelled without thirty (30) days. written
notice to the CITY (or ~ O days notice for cancellation due to nonpayment).
Page 8
5. All policies, endorsements, certific~ites, and/or binders shall be subject to approval
by the City Manager of the City of Cupertino as to form and content. These
requirements are subject to amenclment or waiver if so approved in writing by the
City Manager or his designee.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A. M. Best's rating of no less than A:VII,
unless otherwise acceptable to the City.
Verification of Coverage
CONTRACTOR shall furnish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. All certificates and endorsements are to be received
and approved by the City before work commences.. However, failure to obtain the required
documents prior to the work beginning shall not waive the contractor's obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specific~itions, at any time-
Waiver of Subrogation
CONTRACTOR hereby grants to City a waiver of any right to subrogation which any insurer of said
CONTRACTOR may acquire against the Entity by ~rirtue of the payment of any loss under such
insurance. This provision applies regardless of whether or not the City has requested or received
a waiver of subrogation endorsement from the insurer.
Page 9
ACORD,M CERTIFICATE OF LIABILIT`r INSURANCE UoD~ 11-12AT2009
vfrooucER
ALL COMMERCIAL SERVICES LLC~PHS
253170 P: (866)467-8730 F (877)905-0457 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P O BOX 33015
SAN ANTONIO TX 78265
INSURERS AFFORDING COVERAGE
/NSUREO INSURERA:HartfOrd Casualt Ins Co
LAURA HANSON & DIANA BENNER DBA THE INSURER B:
WATERSHED NURSERY IrISURER c:
6 O 1 CANAL BLVD # A INSURER D:
RICHMOND CA 9 4 8 0 4 INSURER E:
COVERAGES
aavot~ I v I n~ u~arJ neu rvfam eu farsuvt rVR I HE PVLICY PERIOD INDICATED. NOTWITH STANDING_
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
/NSR
LTR TYPE OF /NSURANCE POL/CY NUMBER POLf_Y EFFECT/VE
GATE MM 00 Y POL/CY EXP/RAT/ON
GATE M 00 YY
L/M/TS '
GENERAL L/AB/L/TY EACH OCCURRENCE S 2 O O O O O O
A COMMERCIAL GENERAL LIABILITY 7 2 SBA AG3 1 9 9 0 5/ 0 9/ 0 9 0 5/ 0 9/ 1 0 FIRE DAMAGE Igny one fire) 93 O 0, ~ 0
CLAIMS MADE ~ OCCUR MED EXP IAny one person) 81 0 O
X General Liab PERSONAL&ADVINJURY S2 OOO OOO
GENERAL AGGREGATE 84 O O O O O O
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG 84 O O O O O O
. POLICY PRO-
E T X LOC
AU TOMOB/LE L/AB/L/TY i
COMBINED SINGLE LIMIT 8
'
ANY AUTO IEa accident)
ALL OWNED AUTOS
BODILY INJVRV
i
8
SCHEDULED AUTOS (Per person) i
~ HIRED AUTOS
BODILY INJURY 8
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE 8
(Per accident)
GAR AGE L/AB/L/TY
AUTO ONLY - EA ACCIDENT
5
ANY AUTO
OTHER THAN EA ACC
8
AUTO ONLY: qGG 9
EXCESS L/AB/L/TY EACH OCC VRRENCE 8
OCCUR ~ CLAIMS MADE AGGREGATE $ I
8
DEDUCTIBLE
3
RETENTION 8
_-
- ',
8
WORKERS COMPENSAT/ON ANO WC STATU- 0TH- ~.
EMPLOYERS' L/AB/L/TY
E.L. EACH ACCIDENT 8
E.L. DISEASE - EA EMPLOYEE 8
E.L. DISEASE -POLICY LIMIT 9
OTHER
I
I
uE SCR,P//GN OF OPERAT/ONS/LOCAT/ONS/VEH/CLES/EXCL US/ONS AOOEO BY ENDORSEMENT/SPEC/AL Pf'OV/S/ONS
Those usual to the Insured's Operations. The City of Cupertino, its officers,
employees or volunteers are listed as Additional Insured for liability arising
out of work or operations performed by or on behalf of the insured-
The CIty of Cupertino
Office of Par}cs and Recreation
Attn: Gail Seeds
10300 TORRE AVE
CUPERTINO, CA 95014
HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
KF'IRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE (l0 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE
OLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO
BI.IGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
=F'R ESENTATIVES.
ACORD 25-5 (7/97) ®ACORD CORPORATION 1988