CMP04B NATIVE GROW NURSERY LPCOPY
AGREEMENT FOR CONTRACT GROWING SERVICES
THIS AGREEMENT is made and entered into as of the date of execution by the City of Encinitas, California
a municipal corporation, hereinafter referred to as "CITY "and Native Grow Nursery LP
hereinafter referred to as "NURSERY." 11
�
_M
The CITY requires outside assistance to provide the following services:
To grow, provide and deliver by a date certain those trees, shrubs and plant as specified in the
Plant Schedule Scope of Work contained in this Agreement.
NURSERY represents itself as possessing the necessary skills and qualifications to provide the services
required by the CITY.
NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the
CITY and NURSERY agree as follows:
1.0 TERM OF AGREEMENT
1.1 This AGREEMENT shall be effective on 8/24 2012.
12 NURSERY shall continence the performance of the services on 8/24 2012 and shall
complete its services and obligations on a date certain as specified in this Agreement.
Time is of the essence.
13 Upon mutual express written agreement between CITY and NURSERY, the term of this
AGREEMENT may be modified or amended.
2.0 NURSERY'S OBLIGATIONS (ATTACIIMENT Al
2.1 NURSERY shall provide the CITY with the following services at the total lump sum price of
$ 122,597.20 ,as follows:
The specific manner in which the services and price is described in the Plant Schedule Scope of
Work Attachment A which is attached hereto, and incorporated herein as though fully set forth
at length, collectively hereinafter referred to as 'DESCRIBED SERVICES ".
2.2 NURSERY shall perform all work required to accomplish the DESCRIBED SERVICES in
conformity with applicable requirements of law and regulation: Federal, State and local.
23 NURSERY is hired to render the DESCRIBED SERVICES and any payments made to
NURSERY are compensation fully for such services.
2.4 NURSERY shall maintain any necessary professional certifications and licenses as required in
order to properly comply with all City, State, and Federal law.
3.0 PAYMENT FOR SERVICES (ATTACHMENT Bl
Payment schedule to NURSERY to render the DESCRIBED SERVICES hereunder shall be as set
forth in Attachment B which is attached hereto and incorporated herein as though fully set forth at
length.
4.0 SUBCONTRACTING
Not Applicable. Nursery shall not subcontract or delegate the DESCRIBED SERVICES without
the express written permission of City.
5.0 Not Applicable.
6.0 EXTRA WORK
NURSERY shall not perform work in excess of the DESCRIBED SERVICES without the prior,
written approval of the CITY, executed by the City Manager or his designee. All requests for extra
work shall be by written Change Order submitted to the CITY prior to the commencement of such
work.
7.0 VERBAL AGREEMENT OR CONVERSATTON
No verbal agreement or conversation with any officer, agent or employee of the CITY, either before,
during or after the execution of this AGREEMENT, shall effect or modify any of the terms or
obligations herein contained nor shall such verbal agreement or conversation entitle NURSERY
to any additional payment whatsoever.
8.0 TERMINATION OF AGREEMENT
In the event of NURSERY S failure to prosecute, deliver, perform or, after inspection, to
materially meet quality and performance standards for the DESCRIBED SERVICES, the CITY
may terminate this AGREEMENT by notifying NURSERY by certified mail of said termination.
Thereupon, NURSERY shall: (1) assemble all documents owned by the CITY and in NURSERY'S
possession related to the plants and deliver said documents to the CITY and (2) maintain all plant
material in progress in a safe and protected condition and continue to maintain said plant material,
including watering. Within 15 working days the CITY shall make a determination ofthe percentage
of work which NURSERY has performed which is usable and of worth to the CITY and any back
charges. Based upon that determination, the CITY shall determine any final payment due to
NURSERY and nursery shall immediately release said plant materials to City without delay.
its,
9.0 COVENANTS AGAINST CONTINGENT FEES
NURSERY wan-ants that it has not employed or retained any company or person, other than a bona fide
employee working for NURSERY, to solicit or secure this AGREEMENT, and that NURSERY has
not paid or agreed to pay any company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting
from, the award or making of this AGREEMENT. For breach or violation of this warranty, the CITY
shall have the tight to terminate this AGREEMENT without liability or, at the CITY's discretion to
deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such
fee, commission, percentage, brokerage fee, gift or contingent fee.
10.0 INSPECTION OF PLANT MATERIALS
10.1 All plant materials within the scope of the DESCRIBED SERVICES shall be available for
inspection by CITY or its representative at any time prior to delivery. Plant materials not
meeting the Agreement requirements shall be considered defective and shall be rejected and
replaced by NURSERY.
102 NURSERY shall insure that personnel responsible for the plant materials are trained and
licensed as appropriate for the work performed. All work performed shall be in
accordance with California State Health and Safety Codes and all other applicable laws.
Fees associated with said licenses and permits are the sole responsibility of the
NURSERY.
11.0 STATUS OF NURSERY
11.1 NURSERY shall perform the services provided for herein in a manner of NURSERY'S own
choice, as an independent contractor and in pursuit of NURSERY'S independent calling, and not
as an employee of the CITY. NURSERY shall be under control of the CITY only as to the
result to be accomplished.
11.2 NURSERY'S services are being provided on a non - exclusive basis and NURSERY shall be
entitled to perfonn or engage in any activity not inconsistent with or otherwise prohibited by
this AGREEMENT. NURSERY has the right to perfor s ervi ces for other clients during
the term of this AGREEMENT.
12.0 HOLD HARMLESS
121 NURSERY agrees to indemnify and hold the CITY and CITY's officers, officials, employees
and agents harmless from, and against any and all liabilities, claims, demands, causes of action,
losses, damages and costs, including all costs of defense thereof, arising out of or in any
manner connected directly or indirectly with, any acts or omissions of NURSERY or
NURSERY'S agents, employees, subcontractors, officials, officers or representatives. Except as
otherwise provided in this Section, upon demand, NURSERY shall, at its own expense, defend
CITY and CITY's officers, officials, employees and agents, from and against any and all such
11
liabilities, claims, demands, causes of action, losses, damages and costs.
12.2 NURSERY'S obligation herein does not extend to liabilities, claims, demands, causes of action,
losses, damages or costs that arise out of the CITY's intentional wrongful acts, CITY's
violations of law, or the CITY's sole active negligence.
13.0 ASSIGNMENT OF CONTRACT
NURSERY is without right to and shall not assign this AGREEMENT or any part thereof or any
monies due hereunder without the prior written consent of the CITY which shall not be unreasonably
withheld.
14.0 INSURANCE
14.1 NURSERY shall obtain, and during the term of this AGREEMENT shall maintain a policy
general liability and automobile liability from an insurance company authorized to be in
business in the State of California.
142 The general liability and automobile insurance shall be in an amount of no less than one
million dollars ($1,000,000) for each occurrence. The insurance policy shall remain in full force
during the life of this AGREEMENT and shall not be canceled, terminated, or allowed to
expire without thirty (30) days prior written notice.
143 The CITY shall be named as additional insured by endorsement for general and automobile
liability and NURSERY provided proof of insurance for automotive liability.
14.4 Before NURSERY shall employ any person or persons in the performance of the
AGREEMENT, NURSERY shall procure a policy of Workers' Compensation Insurance as
required by the Labor Code of the State of Califomia.
14.5 NURSERY shall famish certificates of said insurance to the CITY prior to commencement of
work under this AGREEMENT.
15.0 NOTICES
15.1 Any notices to be given under this AGREEMENT, or otherwise, shall be served by certified
mail.
152 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address
of the CITY and the proper person to receive any notice on the CrTY's behalf is:
John Frenken
Park and Beach Superintendent
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
12
15.3 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the addmss of
NURSERY and the properperson to receive any notice on the NURSERY S behalf is:
Native Grow Nursery LP
Attn. Reiner Kruger Gen Manager
27201 Cool Water Ranch Rd.
Valley Center CA 92082
16.0 NURSERY'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND
CONTROL ACT OF 1986
NURSERY certifies that NURSERY is aware of the requirements of the Immigration Reform and
Control Act of 1986 (8 USC §§ 1101 -1525) and has complied and will comply with these requirements,
including but not limited to verifying the eligibility for employment of all agents, employees,
subcontractors and NURSERYs that are included in this AGREEMENT.
NURSERY
Native Grow Nursery LP
(Nursery name)
Reiner Kruger
(Name)
General Manager
(Title)
Date: 8/20/2012
13
CITY
Gus F. Ana
City of Encinitas
ATTACHMENT "A"
GROWING SERVICES FOR ENCINITAS COMMUNITY PARK PROJECT
REP: 12-05
(Scope of Work and Lump Sum Price)
NURSERY shall perform the services in the following manner.
Location:
As set forth in the Nursery's accepted proposal, the facilities where the plant materials will be grown and
maintained is within a radius of seventy -five (75) miles from the City of Encinitas Community Park project,
located at:
Encinitas Community Park
425 Santa Fe Drive
Encinitas CA 92024
Specifically, the physical address of the growing facility is :27201 Cool Water Ranch Rd valley Center. CA
Numberofmiles from above City Park is: 20.81 Air Miles
In compliance with the Request To Submit Proposals To Provide And Deliver Contract Growing Services For The
Encinitas Community Park Project, RFP: 12 -05, the undersigned hereby agrees to provide the plants pursuant to the
Plant Schedule set forth below and all manpower, supplies, materials, and equipment to perform the proposed
contract; and to do so in strict accordance with the provisions of the proposed contract, including the contract time
deadlines as follows:
CONTRACT GROWING SERVICE
PLANT SCHEDULE SCOPE OF WORK
Nursery agrees to provide the contract growing services for the below listed plant material and deliver the
plants to the Encinitas Community Park project site in accordance with the Contract Documents attached
herein for the TOTAL LUMP SUM of S-1 2 2.5 9 7.2 0
All plant material to be furnished shall be ONE GALLON size unless otherwise noted.
15
NURSERY QUALITY STANDARD FOR THE DELIVERED PLANT MATERIAL:
Specifications:
All plant material shall be naturally grown (grown without a nursery stake) at the nursery. There will be
ABSOLUTELY NO EXPCEPTIONS taken for naturally grown plant material.
All plant material shall be true to type or name as ordered or shown on the plans and shall be individually
tagged or tagged in groups by species and variety.
2. All plant material shall be healthy, have a form typical for the species or variety, be well rooted, and
property trained.
3. All plant material shall comply with Federal and State laws requiring inspection for plant diseases
and pest infestations. Inspection certificates required bylaw shall accompany each shipment of
plants.
4. The root ball of all plant material shall be moist throughout and the crown shall show no signs of
moisture stress.
5. The City shall undertake a final inspection of the plant materials prior to delivery and shall
determine if they meet all contract and specification requirements. City has no duty to authorize
delivery and make final payment until all plant material requirements are met.
DELIVERY DATE REQUIREMENT
All mature plant materials listed above and meeting the inspection standards shall be available for
delivery on September 30, 2013. Nursery failure to have said mature materials ready and available on or
before said date will be a material breach of contract and could result in City Park Project delays, for
which Nursery could be responsible. If the Park Project is not ready for the delivery of the plant materials
on said date, Nursery agrees to continue to store and maintain all plant materials at City inspection
standards at no additional cost to City for up to 90 days. If after 90 days the City is not ready to accept
delivery of the plant materials, City will enter into an addendum to this agree and pay reasonable market
plant storage and maintenance rates to Nursery.
16
ATTACHMENT B
(Payment Schedule for Services)
The CIFY shall pay NURSERY for the DESCRIBED SERVICES as follows:
The total lump sum price of $ 12 2 . 5 9 7 .2 0
All prices shall include freight and delivery charges.
The price shall be payable as follows:
a) 15% with signed Contract;
b) 25% payment for work in progress, payable six (6) months from the date this Contract is
signed, subject to all plants passing City inspection and meeting quality standards.
The invoice by Nursery will be accompanied by a written report certifying status of the
order on that date. City is to inspect progress of the plants at that time.
c) The total of the final balance will be payable thirty (30) days after final delivery by
Nursery of all City accepted plant materials to the Community park Site.
FBI
ATTACHMENT C
PROPOSAL TO PROVIDE GROWING SERVICES FOR ENCINITAS COMMUNITY PART{ PROJECT
RFP: 11-05
To the Honorable Mayor and City Council of the City of Encinitas:
In compliance with the Request To Submit Proposals To Provide And Deliver Contract Growing Services For The
Encinitas Community Park Project, RFP: 12-05, the undersigned hereby agrees to provide the plants pursuant to the
Plant Schedule set forth below and all manpower, supplies, materials, and equipment to perform the proposed
contract, and to do so in strict accordance with the provisions of the proposed contract, including the contract time
deadlines as follows:
CONTRACT GROWING SERVICE
PLANT SCHEDULE SCOPE OF WORK
Proposer agrees to provide contract growing services for the below plant material and delivery to the Encinitas
Community Park Project at the price indicated.
All plant material to be furnished shall be ONE GALLON size unless otherwise noted
PLANT
QUANTITY
UNIT COST
TOTAL COST
ACHILLEA 'ISLAND PINK'
1340
$1.80
$2,412.00
ALOE ARBORESCENS
658
$2.10
$1,381.80
ALYOGYNE HUEGELII
216
$2.05
$442.80
ARCTOSTAPHYLOSHOOKERI
478
$2.25
$1,075.,75
'MONTEREY CARPET'
ARTEMISIA TOWIS CASTLE'
131
$1.9 0
$248.90
BACCHARIS PILULARIS PIGEON POINT'
1439
$1.80
z , 590 . 2 0
BUDDLEJA DAVIDII NANHOENSIS
268
$ 2 .40
$G43 .2 0
CAREX DIVULSA
6774
$2.10
$14,225.40
CAREX SPISSA
1097
$2.10
$2,303.70
CARISSA MACROCARPA TUTTLE'
1207
$ 2 .10
$2,534.70
CEANOTHUSGLORIOSUSPO1rFPR YES
70]
$2.60
sub:
$1,822 . 60 "Emily Brown"
CEANOTHUS 'YANKEE POINT
372
$2.20
$ 818 .40
CISTUSPURPUREUS
2532
$2.25
$5,697.00
DASYLIRION WHEELERI
1644
$2.60
$ 4 , 2 74.4 0
DENROMECON HARDFORDII
639
$ 3 .10
$1 , 980.90
HEMEROCALLIS HYBRID
404
$ 2 .25
$909.00
5
PLANT
HESPERALOE PARVIFLORA
HETEROMELES ARBUTIFOLIA
LOROPETALUM CHINESE
MAHONIA REPENS
MUHLENBERGIA CAPILLARIS'REGAL
MIST'
MUHLENBERGIA RIGENS
MYOPORUM PARVIFOLIUM ' PUTAH
CREEK'
PARTHENOCISSUS TRICUSPIDATA
(15 gal)
PENSTEMON BARBATUS
NAVIGATOR'
PENNISETUM SETACEUM'RUBRUM.'
PHOTINIA FRASERI
PHORMRIM'WINGS OF GOLD'
PITTOSPORUM TOBIRA
'VARIEGATUM' MOCK ORANGE
PRUNUS ILICIFOLIA
RHAMUS CALIFORNICA
RIBES VIBURNIFOLIUM
ROSA FLORIBUNDA'BRIGHT PINK
ICEBERG'
ROSMARMUS OFFICINALIS
,,bOCiCWUOD- DE-FORES'P
SALVIA CLEVELANDII'WINNIFIELD
GILMAN'
SALVIA LEUCANTHA
WESTRINGIA FRUTICOSA
XYLOSMA CONGESTUM
QUANTITY
3409
396
119
1560
823
2148
678
ELI
3459
684
205
436
313
365
554
327
151
16368
657
1803
135
98
6
UNIT COST
$2.25
$3.60
$2.40
$3.80
$2.25
TOTAL COST
$7,670.25
_$1,425.60
$285.60
$5,928.00
$1,851.75
$2.10 $4,510.80
$2.40 $1,627.20
$28.50 _$1,285.50
$1.80 $6,226.20
$2.60 $1,778.40
$2.25 $461.25
$3.10 $1,351.60
$2.20 $688.60
$2.60
$3.10
$3.10
$2.80
$2.10
$2.10
$2.10
$2.10
$2.25
$949.00
$1,717.40
$1,013.70
$422.80
Sub:
"Huntington Carpet'
$34,372.80
$1,379.70
$3,786.30
$283.50
$220.50