06-067, The Watershed Nursery
09/12/2006 09:04
5105484714
THE WATERSHED NURSEY
PAGE 02
AGREEMENT
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200
NO.
032431
BY THIS AGREEMENT, made and entered into this 12th day of September, 2006, by and between. the CITY OF
CUPERTINO (Hereinafter .referred to as CITY) and The Watershed Nursery, All.: Laura Hanson, Address 155
Tamalpais Rd., Berkeley, CA 94708, Phone: 510-548-4714, e-mail: thewatershednursery@earthlink.net
(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:
Stevens Creek Corridor Park Contract Collection and Propagation
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal and Technical
Section 02920 marked "Exhibit A"
TERMS: The services and/or materials furnished under this Agreement shall commence on September 11, 2006
and shall be completed before October 31, 2007
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Based on Unit Prices included in the Proposal; Not to exceed $21,299.91 except by written authorization
California Labor Coda, Section 1771 requires the payment of prevailing wages to all wor~en. employed of' 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 ftom 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 Certificate sl'lall be subject to the appr'Oval 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 relatioi'lshlp 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 cal'lifies 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 writtei'l consenl 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, AlA
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:
By 1!?:: '
Terry ,Greene, AlA, City Architect
CONT~
By 9___
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Soc. See: # or Tax ID. # ~
APPROVALS
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EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
427-9112-9300
.AMOUNT
$ 21,299.91
CITY OF CUPERTINO
BID SUMMARY
BID SPECIFICATIONS:
Contract Grow of plant for Stevens Creek Corridor Park Project
QUANTITY:
various species and quantities
* BID PRICES MUST INCLUDE SALES TAX AND FREIGHT COST
VENDOR
PHONE NO. UNIT EXTENDED SALES TOTAL
CONTACT PERSON PRICE BID PRICE TAX FREIGHT BID
1. The Watershed Nursery
510-548-4714 $21,229.91
Diana Benner
2. Elkhorn Nursery
831-763-1207 ** $24,515.95
Rob de Bree
3. Central Coast Wilds
831-750-2359 $27,666.00
Josh Fodor
4. Acterra
650-962-9876 $29,595.00
Peter Neal
5. Cornflower Farms
916-689-1015 *** $12,517.00
Neal Funston
* IF LOW BID IS ACCEPTABLE NO FURTHER DISCUSSION IN NECESSARY
** Omitted 1 bid item on bid form
*** Omitted 13 bid item on bid form
DISCUSSION:
The Watershed Nursery appears to be the lowest bidder on all items
and will meet our specification
RECOMMENDATION: Vendor Number: 1
APPROVAL:
@L(\.~ ~.1)I",
foCI- Ralph A. Qualls, Director of u . Works
er.. 11 .. D'-
Date
i-/l-tJ6
Date
The Watershed Nursery
Project Description
Scope: Labor, materials and equipment required to grow high quality container stock for the City of
Cupertino Stevens Creek Corridor project from seeds and cuttings collected in the project watershed
and to deliver them to the City of Cupertino in September/October 2007.
Services
Plant Materials:
Species selection: Plant species provided by City of Cupertino.
Seed/propagule collection: The Watershed Nursery will provide native plant material grown from
locally native seed, cuttings, or other propagules. The propagules will be collected from naturally
occurring plant stands within the Stevens Creek Watershed. Seeds, cuttings and other propagules
will be collected in compliance with applicable laws and permits issued by the owners of the property
where collected.
To increase genetic diversity, The Watershed Nursery will propagate by seed unless it is absolutely
necessary to propagate by vegetative means (eg: cuttings). Donor plants will be selected from plants
at approximately the same elevation and closest Stevens Creek Corridor Park. Seed will be collected
from dense populations, rather than from solitary plants, and from various populations within the
range specified for the project. No more than 20% of seed available from an individual plant will be
collected.
Seedling growth: Seeds and other propagules will be grown at The Watershed Nursery and each
plant will be grown until the root ball is fully developed for the designated container size. Plants
shall be spaced far enough apart at all stages of growth and propagation such that adequate sunlight
reaches the entire plant on all sides and top to bottom. All plants shall be pruned for good branch
structure.
A letter of nursery clearance from the Agricultural Commission in Alameda County will be provided
to the City Project Manager. Inspections by the City will be scheduled twice each calendar year of
project growing at The Watershed Nursery production facility.
. Substitutions
If any species specified on the species list below cannot be secured due to lack of seed availability
and/or poor germination success, The Watershed Nursery shall submit alternate species for the
Project Managers approval.
Delivery
Plants will be delivered by 7:30 am on an agreed upon delivery date between September 1,2007 and
October 31, 2007 by The Watershed Nursery to the project location.
9/12/2006
2 of 3 Pages
The Watershed Nursery
Budget
Description Price
Services: Seed/propagule collection $ 1,800.00
Delivery 100.00
Plant Material: See Table No. 1 17,839.00
Sub total 19,739.00
Sales tax (8.75%) plant material 1,560.91
Total $21,299.91
Contract Terms and Conditions
A non-refundable deposit of25% of total anticipated contract costs is required to begin the project.
Upon delivery of plants by October 31,2007 the remaining 75% will be billed with net 30 terms.
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 accept the plants on these terms, they are to be
returned at once.
Container return:
In an effort to reuse and recycle as much as possible we request that all containers and container
racks be returned to The Watershed Nursery by the Client within 60 days ofproject delivery date.
Return of the containers in re-usable condition, placed in trays and organized will be the
responsibility of the Client. If containers and trays are not returned within 60 days of project delivery
date the Client will be charged a container fee equal to the following rates: D-16 $0.25; D-40 $0.30;
TB2 $0.25; TP4 $0.35; container tray $10.00.
The Watershed Nursery
City of Cupertino
Date:
Date:
9/1212006
3 of 3 Pages
Stevens Creek Restoration Plant Quantities
Tablt ). 1 Number of Trees and Shrubs to be Planted durjn~ iptember to December 2007
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ITEM DESCRIPTION ESTAMATED . UNIT UNIT COLLEcno N
QUANTITY (S1ZE) PRICE TOTAL TIMELlNE
SpecIes Common Name
CREEK RESTORATION PLANTINGS Seeds
1 Alnus rhombifoHa While alder 12 TB4 $5.50 $66.00 Sept - Oct
2 Artemisia douglasiana Mugwort 63 D16 $2.50 $157.50 Sept - Ocl
3 Baccharis douglasii Douglas' false wmow 74 Dt6 $2.50 $185.00 Sept - Nay
3 Comus sercia American dogwood 17 D40 $3.75 $63.75 Sept - Nay
4 Cyperus eragrostis Nut sedge 136 TB2 $1.50 $204.00 Sept -.Nav
5 Platanus racemosa Western Sycamore 10 TB4 $5.50 $55.00 Dee
6 Populus balsamifera B lack cottonwood 9 TB4 $5.50 $49.50 Aug - Sept
7 Rumex salicifolius Willow-leaved dock 42 D16 $2.50 $105.00 July - Sept
8 Scirpus m icrocarpu s Bulrush 143 TB2 $1.00 $214.50 Aug - Oct
9 Vitis califomica Wifd grape 9 D40 $3.75 $33.75 Sepl- Oct
10 Acernegundb Box elder 18 .040 $3.75 $67.50 Sept - Nav .
11 Aesculus californica Cal ifomia buckeye 13 TB4 $5.50 $71.50 Saept - Dec
. 12 Clematis lasianttJa Chaparrral clematis 9 D40 $3.75 $33.75 Sept - Oct
13 Clematis ligustcifolia Western virgin's bower 29 D40 $3.75 $108.75 Sept - Oct
14 Quercus agrifolia Coast live oak 29 Aeorns $0.25 $7.25 Sept - Dee
15 Quercus lobata Valley oak 19 Acorns $0.25 $4.75 Sept - Dee
16 Rosa californica Wild rose 61 D40 $3.75 $228.75 Aug - Ma reh
17 Rubus ursinus California blackberry 46 TB2 $1.50 $69.00 June - Aug
18 Sambucus mexicana Blue elderberry 33 040 $3.75 $123.75 July - Oct
19 Symphoricarpos albus S nowberry 34 D40 $3.75 $127.50 Sept - Feb
20 Umbellularia claifornica California bay 18 D40 $3.75 $67.50 Oct - Dee
UPLANDS PLANTlNGS (TRANSITIONAL AREAS)
21 Quercus agrifolia Coast live oak 340 1 GAL $4.50 $1 ,530.00 Sept - Dee:
22 Prunus ilicjfolia Hollyleaf cherry 620 1 GAL $4.50 $2,790.00 Oct - Dee
23 Ribes californtcum Hillside gooseberry 620 1 GAL $4.50 $2,790.00 June -Aug
24 Marah fabaceus Wild cucumber 620 1 GAL $4.50 $2,790.00 March - April
25 Heteromeles arbutifoJia Toyon 620 1 GAL $4.50 $2,790.00 Sept - March
26 Oemlaria cerasiformis Osobeny 340 . 1 GAL $4.50 $1,530.00 May - July
27 Elymus glaucus Blue wildrye 750 PLUG $0.15 $112.50 April - June (2007)
28 Nassella pulchra Purple needlegrass 750 PLUG $0.15 $112.50 April - June (2007)
29 Mel1cB cBlifornica Californica melic 750 PLUG $0.15 $112.50 April - Sept (2007)
30 Bromus carinatus California brome 750 PLUG $0.15 $112_50 April - Sept (2007)
31 Alnus rhombifolia White alder 25 15 GAL $45.00 $1,125.00 Sepl- Oct
. ITOTAL BID $1'7,839_001
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EXHIBIT A
Stevens Creek Corridor
Restoration Proj ect
Section 02900
Page 1
SECTION 02920
CONTRACT COLLECTION AND PROP AGA TION
PART 1 - GENERAL
1.01 SCOPE
The work of this section includes all labor, materials and equipment required to grow high
quality container stock for the City of Cupertino Stevens Creek Corridor project from seeds and
cuttings collected in the project watersheds and to deliver them to the City of Cupertino in
September/October 2007.
P ART 2 - MATERIALS
2.01
PLANT MATERIAL
A.
Plant materials will be for riparian mitigation and enhancement so minimal fertilizer use is
required.
B.
Maintain the following as single leader specimens: Platanus racemosa; Alnus rhombifolia;
......
The following species may be either single trunk or multi leader: Sambucus mexicana,
Quercus agrifolia; Acer negundo; Quercus lobata; Umbellularia califomica..
D.
Trees may not be staked or poodled.
C.
Table 1 provides a list of plant species, quantities, and container sizes for plants to be grown
and propagated for the project
PART 3 - WORK PROCEDURES
3.01 COLLECTION
A. Plants for this restoration project shall be propagated from seed or cuttings collected from
locally native species. Locally native species are defined as plants grown from seeds or
cuttings harvested from donor plants at approximately the same elevation on the closest creek
in the same watershed.
B. No more than approximately 20 percent of the seeds or cuttings from any host plant shall be
collected at any time.
C. Contractor shall possess a valid permit for all riparian collecting operations.
11-27-02
PLANT INST ALLA nON
Stevens Creek Corridor
Restoration Project
Section 02900
Page 2
1.02 PROPAGATION
A All plants shall be spaced far enough apart at all stages of growth and propagation such that
adequate sunlight reaches the entire plant on all sides and top to bottom.
B All plants shall be pruned for good branch structure; remove laterals with tight crotches,
suppress double leaders, and encourage bushy laterals by selective pinching.
C Container size shall be maximized without over potting. Rootbound materials shall not be
accepted.
D Nursery shall direct-plant starter material into final container, if feasible, to allow unimpeded
root growth.
E. If required, shift up plant material on time or lightly root prune to prevent creation of a knotted,
root-bound condition in the center of the final root mass.
G. Growers located in areas other than Sunset zones 16 & 17 using non wood tree containers must
submit method of preventing bum to the Landscape Architect for approval.
H. Growers from Counties quarantined for Sudden Oak Death must submit a letter of nursery
clearance from the Agricultural Commission to the City Project Manager.
1. Inspections with the City and Nursery shall occur twice each calendar year at the nursery.
Final acceptance is contingent upon inspection at delivery site.
3.03 PLANT DELIVERY:
A. The City will arrange for delivery of the container plants 2 weeks in advance with the
Nursery. Plants will be delivered by 7:30 am on the delivery day. The plant containers or
racks will be labeled with the scientific name identifying the plant as to species. The
Landscape Architect and the Contractor will inspect all container plants delivered from
the nursery to ensure that the plants are in a healthy condition prior to release of the plants
to the Contractor.
11-27-02 PLANT INSTALLATION