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06-0620_NATURE'S IMAGE, INC._Personal Services Agreement (2) PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this �day of ��� , 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and NATURE'S IMAGE, INC., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide habitat restoration maintenance services for the 760 S Reservoir Project; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A", attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed no later than September 1, 2007. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall be for a not to exceed fee of One Hundred Six Thousand and Eighty Dollars ($106,080) as set forth in Exhibit "B" (Year 1), attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed to the City as set forth in Exhibit "B," attached and 1 so • 0 incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Notwithstanding the payment terms outlined in Exhibit "B", Consultant shall submit monthly invoices based on total services, which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. 2 In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Consultant shall complete the Scope of Services as set forth in the schedule included in Exhibit "A", attached and incorporated herein by reference. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. 3 Section 12. Indemnity. Consultant agrees to protect, and hold harmless City, its elected and appointed officials and employees from any and all liabilities, expenses or damages of any nature, including reasonable attorneys' fees, for injury or death of any person or damage to property or interference with use of property resulting from errors and omissions committed by Consultant arising from the negligent acts of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 13. Insurance. Insurance required herein shall be valid for a minimum of one year, or term of contract, whichever is longer, and it shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 13.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 13.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 13.3 Worker's Compensation. 4 0 0 If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 13.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 13.5 Notice of Can cellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 13.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 13.7 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 14. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. 5 0 Section 15. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director To Consultant: Michelle Caruana Nature's Image, Inc. 20472 Crescent Bay Drive, Suite 102 Lake Forest, CA 92630 Section 16. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 17. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 18. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: David V. Sw dlin, Mayor CONSULTANT By � � U Na ur 's Image, Inc. ATTEST: Majef R. Monahan, City Clerk APPROVED AS TO FORM: John R. Sh w, City Attorney 7 Natures Image, Inc. Landscape Construction & Maintenance March 28, 2006 City of San Juan Capistrano Public Works Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Peter Salgado Senior Civil Engineer RE: 760 S Reservoir Project— Habitat Restoration Maintenance Services Enclosed please find our proposal to provide habitat restoration maintenance services for the 760 S Reservoir Project. The enclosed proposal is an offer valid for 90 days from date of receipt. Thank you for the opportunity to provide this proposal. Sincerely, N�4TiU�tlSp,� INC. Mic lie Caruana President EXHIBIT "A" 20472 Crescent Bay Drive, Suite#102 • Lake Forest, CA 92630 • 19491 454-1225 • Fax 19491 454-1215 California License#720513 •Pest Control Advisor 907703 Bidder's Declaration - Non Collusion (California Public Contract Code Section 7106) The undersigned having adequate information to make this declaration without reservation or qualification declares under penalty of perjury pursuant to the provisions of California Public Contract Code Section 7106, as follows: The party making the bid enclosed herewith declares that that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization,or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid,and has not directly or indirectly colluded, conspired; connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract. All statements contained in the bid are true; and,further, the bidder has.not dtreotiy pr indirectly;submitted his.or her bid price or any breakdown thereof, or the contents thereof, or divulged:mfoktnat+onror,�lata relative thereto, or paid, and will not pay, any fee to any corporation, partnership, cor fPanyassociation roiganization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid." This declaration executed on O.�P-C z) , 2006 at Cal' rnip. V -- — -- (sig ature Qibt\ekle CCif u0.n0. , 17res clevl� typed name and title A-15 Natures Image, Inc. - g , Landscape Construction & Maintenance 760 S Reservoir — Habitat Restoration Maintenance Scope of Work The project consists of four main tasks, Weed Abatement, Irrigation, General Maintenance and Project Management. Weed Abatement The site is irrigated so the first year in particular will require extensive effort in weed abatement. Apparent concerns about herbicide use will mean a labor intensive approach for the first two years. Crew size should fluctuate with the seasons with the concern being seasonal seed drop more than rainfall. If species such as black mustard are to be controlled by hand weeding frequent site inspections (at least every two weeks)during the mustard season in late winter and spring will be critical. A rapid response with a large crew will be essential. Natures Image would provide up to three ten-man weeding crews to deal with the mustard seedlings if necessary. The targeted species shall be all non-native, exotic plant material with a special effort towards any considered invasive. Targeted plant material will be removed by hand, and disposed of off site at an approved landfill or greenwaste facility. Artichoke thistle (Cynara cardunculus) in particular would respond better to herbicide use than hand pulling. We would suggest carefully treating the artichoke thistle with Transline (clopydid). Our experience dealing with artichoke thistle for the Nature Conservancy, The Nature Reserve of Orange County and the Crystal Cove State Park has shown Transline to be more effective controlling artichoke thistle than glyphosates, or hand pulling. Irrigation The irrigation system consists of approximately 90 manual valves. The use of manual valves will require a small irrigation crew to open and close valves and monitor the pressure and delivery of water. The crew foreman will determine how many valves can be utilized at once as well as which combination of opened valves is optimal for scheduling purposes. There are two critical factors to be considered when maintaining a coastal sage scrub habitat in the first summer after installation. Enough water must be applied to keep the plant material alive and growing, without over applying water causing soil pathogens to multiply and damage or kill the plant material. The amount of water applied frequency and soil moisture levels must be closely monitored. Natures Image will monitor moisture levels and apply water at least twice a week during the first six months of the project. The irrigation system will also be checked for breaks, misaligned heads, malfunctioning heads or nozzles and vandalism. The backflows will be inspected on a monthly basis. All minor repairs are included in the costs. Natures Image would provide the City a cost analysis of changing the system to low cost, highly efficient battery operated controllers as opposed to manually opening and closing valves. 20472 Crescent Bay Drive, Suite#102 - Lake Forest, CA 92630 • (949) 454-1225 • Fax (949) 454-1215 California License#720513 • Pest Control Advisor#07703 0 0 Scope of Work (continued) General Maintenance The general maintenance shaft include erosion control and plant protection. The site shall be inspected by a project manager or estimator with a Storm Water Pollution Control Managers certificate as accepted by Caltrans. The project manager will check for minor grade changes that may lead to rilling or ponding of water. Natures Image will recommend and install minor grade repairs, straw wattles or other run off controls as needed within the projected budget for those best management practices. The project manager and foreman shall inspect plant material at each site visit for signs of herbivory. While small amounts of damage are expected on some species, any indication that plants may be lost will require installation of wire cages. Natures Image will install cages as needed within the projected budget. Proiect Management Project management shall consist of overseeing the weed abatement, irrigation and general maintenance as well as initial meetings with the owners biological monitors and city representatives. The project management shall also consist of regular site visfts, regular monthly meetings with the owners biological monitors, coordinating and obtaining approval of billing, and filing monthly progress reports. Natures Image takes great pride in our projects and in our client's success in meeting their goals. We strive to cultivate a cooperative team environment. < � Natures image, inc. Landscape Construction & Maintenance SECTION 1 - Overview NATURES IMAGE, INC.—AN OVERVIEW Natures Image, Inc. is a full service habitat restoration company. Since the early 1990's we have been successfully restoring and maintaining various habitat communities including riparian, coastal sage scrub, freshwater and saltwater marsh, desert, chaparral, sycamore grassland, oak woodlands and native grasslands throughout California. We offer public and private entities construction and maintenance services for all their restoration needs. Our restoration methods combine experience with innovation and our team is committed to succeed and consistently strives to surpass a project's restoration goals. Natures Image, Inc. is a principal centered company and believe in what we do. We deem that in creating a successful project it is important for the owner, biological consultant and restoration contractor to work together. Our crews are trained in native habitat restoration and regularly work in sensitive habitats. We own and operate our own equipment which allows us to perform all our restoration work in-house. Following is of services we offer: ■ Revegetation: Full revegetation services including site clearing, planting, seeding, irrigation design/installation and maintenance. i Aquatic Planting: Collection and installation of aquatic plants for wetlands, marshes and vernal pools ■ Exotic Weed Eradication: Cutting, grinding, removal and subsequent spraying of invasive species including Arundo donax, Tamarisk, Castor Bean, Artichoke thistle, Pampas Grass, Veldt Grass and many more. e Plant Salvage: Cutting, Collecting, Propagating and Planting of endangered species. ■ Seed Imprinting: Natures Image was the first contractor to specialize in seed imprinting for habitat restoration. Seed imprinting is an excellent alternative for hydroseeding especially for projects with several acres to seed, projects with no available water source or where some existing vegetation is to be preserved within seeded area. ■ Hydroseeding: Seed application for revegetation and erosion control. ■ Erosion Control: SWPPP BMP Installation, hydroseeding, strawblowing and installation of straw wattles, jute netting, coir fabric, silt fencing, and other erosion control measures as required. ■ Critter Fencing, Exclusion Fencing, Critter Trapping: Fencing installation to protect endangered species from construction right-of-ways. Trapping array installation for species population density studies. ■ Pesticide Spraying: Licensed pest control applicators and advisors for terrestrial and aquatic plants. ■ Maintenance: Long term and short term maintenance for all habitat types. 20472 Crescent Bay Drive, Suite!#102 - Lake Forest, CA 92630 • (949) 454-1225 • Fax (949) 4541215 California License#720513 • Pest Control Advisor#07703 SECTION 2 — Key Personnel Michelle Caruana, President: Ms. Caruana has a degree in Ecology & Systematic Biology. For the last 10 years she has worked exclusively on installing and maintaining restoration projects throughout the state of California. She has worked with Caltrans, Army of Corps of Engineers, municipalities and developers to restore land back to its native state. . She is a licensed Pest Control Advisor and a holds Qualified Applicators License. She also holds a California State Contractors License for Landscape Construction. Her professional affiliations include Society for Ecological Restoration, California Exotic Pest Plant Council, California Agricultural Production Consultants Association and California Landscape Contractors Association. Ms. Caruana's primary responsibility is oversight of the financial performance of the company. Her other duties include strategic planning, corporate management, estimating, contract administration and internal operations. Additional tasks include plant identification, administering vegetative plans, weed abatement programs and irrigation scheduling. John Caruana. Vice-President: Mr. Caruana has over 20 years experience in the landscape industry and holds a degree in Landscape Architecture. He specializes in habitat restoration construction and installation. He was instrumental in designing the steep slope imprinter and continues to make advancements in restoration design and implementation. He holds a California State Contractors License for Landscape Construction. Mr. Caruana's duties include research and development of new ideas, overseeing company operations, communication with clients, estimating project costs and contract administration. He also acts as a Project Manager performing all project management functions. Grady Banister, Chief Estimator. Mr. Banister has 25 years experience in the landscape and nursery trades. He is a qualified applicator, licensed in aquatic pest control, a California certified nurseryman, a certified irrigation auditor and is a certified SWPPP Water Pollution Control Manager. Mr. Banister's duties include overseeing and directing the Estimating Department, attending and documenting project meetings from pre-bid to pre-construction, cost estimation and material purchasing. Prepare project budgets and critical path schedules. Review Communicate directly with governing agencies, project owners and representatives, vendors, Project Managers and field supervisors. Additional tasks include irrigation design and management of pesticide usage and reporting. Chris Weaver, Estimator. Mr. Weaver has over 12 years experience estimating and project management in the green industry. He holds a degree in HorticulturefTurfgrass Management and is a qualified applicator licensed in aquatic pest control. Mr. Weavers' duties include attending and documenting pre-bid and pre-construction meetings, searching for new bid opportunities, reviewing project plans and specifications, source materials and their cost, negotiate with vendors for best pricing, solicit subcontractors, cost estimation, preparing budgets and project handoff packages. Mr. Weaver also works on occasion as a project manager and oversees projects from the bidding stage through construction. Jason Walters, Estimator. Mr. Walters has over 5 years experience estimating and project management in the construction industry. He holds a degree in Business Administration and is working towards his Masters of Science in Construction Engineering. Mr. Walters' duties include attending and documenting pre-bid and pre-construction meetings, searching for new bid opportunities, reviewing project plans and specifications, source materials and their cost, negotiate with vendors for best pricing, solicit subcontractors, cost estimation, preparing budgets and project handoff packages. Phil Elliott. Project Manager.. Mr. Elliott has 20 years experience in landscape and irrigation. He holds a degree in Ornamental Horticulture and Landscape Irrigation Design. He is certified irrigation designer and certified irrigation auditor. He is also a certified SWPPP Water Pollution Control Manager. Mr. Elliott's duties include attending and documenting project meetings from pre-construction to project completion. Prepare, maintain and update critical path schedules and identify any major changes affecting completion dates. Perform job site visits to monitor job progress, quality of installation and compliance with contract specifications. Review the status of projects and communicate directly with governing agencies, project owners and representatives, vendors and field supervisors. Oversee and analyze projects for proper completion of all contractual obligations. Review as-built drawings and completion package for proper inclusions. Additional tasks include irrigation design and materials purchasing. Luis Lopez. Project Manager. Mr. Lopez has 25 years experience in landscape and nursery industry. Mr. Lopes is also fluent in Spanish. Mr. Lopez's duties include attending and documenting project meetings. Perform job site visits to monitor job progress and compliance with contract specifications. Review the status of projects and communicate directly with governing agencies, project owners and representatives, vendors and field supervisors. SECTION 3 - Projects Revegetafion • Forster Ranch, San Clemente, California. Performed: 90 acres of coastal sage scrub restoration including seeding, planting, Brodiaea transplanting, design and installation of temporary irrigation system and creation of two acres of wetlands including aquatic planting. Maintenance of site for five years. o Forster- Ken Nish ikawa - John Laing Homes - 949-265-2400 • Tonner Hills, Brea, California. Five projects totaling 132.5 acres of riparian and coastal sage scrub restoration including site preparation, planting, seeding, design and installation of irrigation system and maintenance. o Tonner- John Uilom, Ullom Associates - 425-836-2728 • Big Tujunga Wash Mitigation, Sunland, California. Performed: 115 acres of riparian and wetlands enhancement including Arundo removal, Eichhomia removal, aquatic plant pest control, marsh, riparian and wetlands plantings. Maintenance spraying of Arundo and other exotics is also included. o Big Tujunga - Pam DeVries, Bonterra Consulting 626-351-2000 0 9 • Serrano Creek, Lake Forest, California. Perforated 9.2 acres of riparian, sycamore woodland, upland oak woodland, coastal sage scrub, willow mulefat scrub restoration including site preparation, Arundo donax eradication, planting, seeding, erosion control, irrigation installation and maintenance. o Serrano - Ralph Maples - County of Orange 714-567-7826 Wetlands • Hill Canyon WWTP, Thousand Oaks, California. Performed 8 acres of wetland, march and riparian restoration including Arundo removal, irrigation installation, planting, seeding, erosion control and maintenance. o Hill Canyon - James Gorham, CH2M Hill 704-429-2020 • Wetland Mitigation and Southwestern Turtle Pond, Laguna Hills, California. Performed irrigation installation, planting riparian and wetland species, hydroseeding, and maintenance. o Laguna Wetlands - Pam DeVries, Bonterra Consulting 626-351-2000 • Jack Dunster Marine Biological Preserve, Long Beach, California. Performed installing sub-surface irrigation system; fumishing and installing native salt marsh and uplands plants and 6 months of landscape maintenance. o Jack Dunster- John Meek, John S. Meek Company 310-830-6323 • Brawley and Imperial Wetland Restoration, Imperial, California. Performed 28.7 acres of wetland restoration including emergent and aquatic vegetation species, invasive weed removal and ongoing maintenance. o Brawley- Deborah Marcus, Bureau of Reclamation 702-293-8119 Maintenance • Calabasas Landfill, Calabasas, California. Maintenance of 20 acres Coastal Sage Scrub: chemical applications, manual weed control, removing litter, inspecting erosion problems, irrigation repair and hand watering. o Calabasas - Nick Morell - Los Angles County Sanitation Districts 562-699-7411 • San Juan Creek, San Juan Capistrano, California. Maintenance of 13 acres of riparian habitat. chemical applications and manual weed control. o San Juan Creek- Jim Cathcart- CGvL 949-454-3600 • Puente Hills Landfill, Whittier, California. Maintenance of 4 acres of riparian habitat: chemical applications, manual weed control, removing litter, inspecting erosion problems, irrigation repair, herbivory and hand watering. o Puente - Nick Morel] - Los Angles County Sanitation Districts 562-699-7411 • Oak Park Maintenance, Oak Park, California. Maintenance of 6.16 acres of coastal sage scrub and riparian habitat: chemical applications, manual weed control, removing litter, inspecting erosion problems and irrigation repair o Oak Park- Sally Davis—Glenn Lukos and Associates- 949-837-0404 Natures Image Inc. • City of San Juan Capistrano 03282006 760 S Reservoir Bud eted Man Hours Weed Abatement Year One Year Two Year Three Year Four Year Five Standard Wage Foreman Hr 180 139 124 83 83 Standard Wage Foreman Fir 48 37 33 22 22 Standard Wage Laborer Hr 1,674 1289 1155 770 770 Standard Wage Driver Hr 288 222 199 132 132 Irrigation Salaried Project Manager Hr 80 621 55 37 37 Standard Wage Foreman Hr 120 92 83 55551 Standard Wage Laborer Hr 280 216 193 129 129 General Maintenance Standard Wage Foreman Hr 80 62 55 37 37 Standard Wage Laborer Hr 160 123 110 74 74 Project Management Salaried Project Manager Hr 80 62 55 37 37 Salaried Project Manager Hr 40 31 28 18 18 Rates: Salaried Project Manager $ 85.00 per hour Standard Wage Foreman $ 37.00 per hour Standard Wage Laborer $ 21.00 per hour Standard Wage Driver 1 $ 21.00 [per hour Natures Image Inc • City of San Juan Capistrano • 03/28/2006 760 S Reservoir Project Habitat Restoration Maintenance Weed Abatement Year One $ 13,828.00 Includes: Tarps, tools, chemicals, Weed Abatement Year Two $ 10,647.56 safety gear, disposal fees, and fuel. Weed Abatement Year Three $ 9,541.32 Weed Abatement Year Four $ 6,360.88 Weed Abatement Year Five $ 6,360.88 Irrigation Year One $ 3,502.00 Includes: Parts for minor repairs, glue, Irrigation Year Two $ 2,696.54 and fuel. Irrigation Year Three $ 2,416.38 Irrigation Year Four $ 1,610.92 Irrigation Year Five $ 1,610.92 General Maintenance Year One $ 5,016.00 Includes: Budget for straw wattles, General Maintenance Year Two $ 3,862.32 wooden stakes, other BMP's, plant General Maintenance Year Three $ 3,461.04 protection cages, and fuel. General Maintenance Year Four $ 2,307.36 General Maintenance Year Five 1 $ 2,307.36 Natures Image, Inc. Organization Chart Board of Director;\ z 7 President Michelle Vice President John Caruana\ Camanal - 3 8 Controller John Chief Estimator 11 Scatton\ Grady Banister\ Operations Dept\ 4 5 9 18 2 13 Office Manager Executive Asst Estimator Estimator .ProjeG Manager Project Manager Scott Watson\ Lori Robinson. Chris Weaved Jason Walters\ Phil Elliott) Wis Lopez) S 74 16 18 28 22 24 Receptionist Eric Foreman Foreman - Foreman Foreman Foreman Foreman Mancino. Heleodoro Castillo Leo AmezquilM Angel Hernandez\ Raul Fernandez) Rosario Reyes\ Leonel Linares\ 15 17 19 21 23 25 Crew - Crew Crew Crew Crew Crew City of San Juan Capistrano Matrix . Natures Image Inc. 03282006 760 S RESERVOIR PROJECT HABITAT RESTORATIONS MAINTENANCE SERVICES Fee Total per No. Task Year Year Year Year4 Years Task 1 Weed Abatement $ 63648.00 $ 48,960.00064.00 $ 29,376.00 $ 29,376.00 $ 215,424.00 2 Irrigation $ 21,216.00 $ 16,320.00688.00 $ 9,792.00 $ 9,792.00 $ 71,808.00 3 General Maintenance $ 10,608.00 $ 8,160.00344.00 $ 4,896.00 $ 4,896.00 $ 35,904.00 4 Project Management $ 10,608.00 $ 8,160.00344.00 $ 4,896.00 $ 4,896.00 $ 35,904.00 Total per year $ 106,080.00 $ 81,600.00_k440.00 $ 48,960.00 $ 48,960.00 Total Fee $ 359,040.00 EXHIBIT "B" 32400 PASEO ADELANTO � �% � � ® A MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 /i LQAt (949)493-1171 SAM ALLEVATO (949)493.1053 FAXa }J IIIfB110111FB DIANE BATHGATE aulusln 1961 MATTHART www.sanjuancapistrano.org 1776 JOE SOTO • • DAVID M.SWERDLIN June 28, 2006 e Michelle Caruana Nature's Image, Inc. 20472 Crescent Bay Drive, Ste 102 Lake Forest, CA 92630 Dear Ms. Caruana: A fully executed, original Personal Services Agreement related to providing habitat restoration maintenance services for the 760 S Reservoir Project. Thank you'for providing documentation confirming current compliance with the terms of insurance under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. You may proceed with work under this agreement in coordination with the project manager, Pete Salgado, Senior Civil Engineer (949) 443-6366. � Tak o , ria a ara Deputy i Clerk cc: Peter Salgado, Senior Civil Engineer R San Juan Capistrano: Preserving the Past to Enhance the Future B Printed an 100%Recycled Paper 32400 PASEO ADEI-ANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 / (949)493-1171 ,�y SAME BATFIIG (949)493-1053 FAX a 7.y IAfOA>o AR11e DIANE HART[S1e1Ll Sefe � )96) WYATT HART www,sanjuancapistrano.org 1776 JOE SOTO DAVID M.SWERDLIN June 21, 2006 ; e Michelle Caruana Nature's Image, Inc. 20472 Crescent Bay Drive, Ste 102 Lake Forest, CA 92630 Dear Ms. Caruana: A Personal Services Agreement related to providing habitat restoration maintenance services for the 760 S Reservoir project is in the process of being executed. It will be issued upon receipt of required documentation related to contract terms under Section 13. Insurance. Although we have received a certificate of insurance, the following documentation is required: ♦ The Auto, General Liability & Umbrella policies expire on July 1, 2006. Please provide an updated certificate of insurance ♦ Our agreement requires an endorsement form-for the General Liability and Umbrella policies naming the City of San Juan Capistrano as additional insured. We need a separate endorsement form, including the policy number. Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK -- followed by original signed documents. I have enclosed a copy of the agreement terms for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, Peter Salgado, Senior Civil Engineer (949) 443-6366. Please call Maria Guevara, Deputy City Clerk (949) 443-6309 if you have questions regarding the forms of insurance needed. Thank you, Meg n han, CMC C' Clerk I Pe r Salgado, Senior Civil Engineer ave Adams, City Manager/Acting Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future ..1 Printed on 100%Recycled PZPer 6/20/2006 D13 AGENDA REPORT TO: Dave Adams, City Manager FROM: Eric Bauman, Water Engineering Manager SUBJECT: Consideration of a Personal Services Agreement for Habitat Restoration Maintenance Services for the 760 S Reservoir Project (Nature's Image, Inc.) (CIP# 791) City Council Priority No. 14a RECOMMENDATION: By motion, approve a one-year Personal Services Agreement in the amount of $106,080 with Nature's Image, Inc. for Habitat Restoration Maintenance Services for the 760 S Reservoir Project. SITUATION: This project includes the construction of an initial 4 mill;on gallon (MG) water reservoir and a future 4 MG water reservoir to serve existinc and future developments in the southern portion of the City. The project site is locate 1 in the City's South Open Space, at the head of Reservoir Canyon. Reservoir Canyon is approximately 1.5 miles east of the 1-5 freeway and connects to the terminus of Calle Delgado in the Meredith Canyon Neighborhood (Attachment 2). Habitat Restoration Maintenance Construction of the project has resulted in impacts to almost 9 acres of existing native habitat. Because of the these impacts, the resource agencies, namely the US Fish and Wildlife Service, California Department of Fish and Game, Army Corps of Engineers, and the Regional Water Quality Control Board have required the City to restore almost 15 acres of native habitat. As part of this restoration effort, the City is required to maintain the restored areas for a period of five years to ensure compliance with the resource agencies' success criteria. Maintenance activities include weed abatement, irrigation, erosion control, as well as plant protection and/or replacement. On February 28, 2006, staff issued a Request for Proposals (RFP) for maintenance services to nine firms. Of the nine firms, the following four submitted proposals for review. Agenda Report • • June 20, 2006 Page 2 Firm Total Fee for 5-Year Maintenance Natures Image, Inc. $ 359,040 Habitat West, Inc. $ 442,500 HRS, Inc. $ 496,478 E. Stewart and Associates $ 584,000 It must be noted that Habitat West, Inc.'s proposal was found to be incomplete and was not considered during the evaluation. Staff, along with the project biologist Culbertson Adams and Associates, originally selected E. Stewart and Associates' (ESA) to provide the required maintenance services. ESA was recommended because their proposal provided the most hours of weed abatement and irrigation coverage. This recommendation was presented to the Water Advisory Commission for consideration. While the Commission concurred with staffs recommendation, they expressed strong concern over the cost of ESA's contract, which was highest among the four firms. In light of the Commission's concerns, staff re-evaluated its recommendation and has decided to recommend Nature's Image, Inc. (NI). While Ni's proposal includes less hours of coverage for weed abatement and irrigation, their project management team has assured staff that their methodology will be as effective. Ni's proposal includes a list of successful maintenance projects wherein a similar methodology was implemented. Because of the reduced coverage proposed by NI, staff recommends that the Personal Services Agreement be awarded for a term of only one year, with annual renewals based on performance. This will allow the City an opportunity to assess both Ni's responsiveness and effectiveness as a maintenance contractor, as well as the success of the restoration. Should the restoration effort yield unsatisfactory results in the first or second year, the City will have an opportunity to renegotiate Ni's proposed costs or initiate the RFP selection process for the remainder of the maintenance period. Ni's cost for the first year is $106,080. Overall Project Status As of the end of May 2006, construction of the project is approximately 95% complete. All the steel for the tank has been erected and coating and painting activities are in the final stages. Construction of the chloramination facilities are also in the final stages. Leak testing and disinfection of the tank is scheduled to be completed by late June 2006. Staff expects to put the tank in service by early July 2006. Final planting of the habitat restoration areas is ongoing. Completion of all restoration areas is expected by July 2006. Agenda Report • • June 20, 2006 Page 3 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Water Advisory Commission has reviewed this item at their April 25, 2006, meeting. As previously mentioned, the Commission concurred with staffs recommendation of ESA, but expressed strong concern over of the cost of ESA's proposal. Staff re-evaluated its original recommendation in light of the Commission's concerns and decided to recommend NI to perform the required maintenance services. Staff reported this change in recommendation to the Commission at its May 23, 2006 meeting. FINANCIAL CONSIDERATIONS: The Fiscal Year 2005-2006 Capital Improvement Budget identifies a total of $6.6 million for the 760 S Reservoir Project. Of this amount, approximately $670,000 is budgeted for habitat restoration maintenance services. The recommended Personal Services Agreement with NI is covered within this budgeted amount. NOTIFICATION: Nature's Image, Inc. HRS, Inc. Habitat West, Inc. E. Stewart and Associates, Inc. RECOMMENDATION: By motion, approve a one-year Personal Services Agreement in the amount of $106,080 with Nature's Image, Inc. for Habitat Restoration Maintenance Services for the 760 S Reservoir Project. Respe illy su ed Prepared by, ric Bauman P er I d Water Engineering Manager ✓ Se r i it E gineer EB/PS:mp Attachments: 1. Personal Services Agreement 2. Location Map PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _ day of , 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and NATURE'S IMAGE, INC., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide habitat restoration maintenance services for the 760 S Reservoir Project; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A", attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed no later than September 1, 2007. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall be for a not to exceed fee of One Hundred Six Thousand and Eighty Dollars ($106,080) as set forth in Exhibit "B" (Year 1), attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed to the City as set forth in Exhibit "B," attached and 1 ATTACHMENT incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Notwithstanding the payment terms outlined in Exhibit "B", Consultant shall submit monthly invoices based on total services, which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. 2 In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Consultant shall complete the Scope of Services as set forth in the schedule included in Exhibit "A", attached and incorporated herein by reference. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. 3 Section 12. Indemnity. Consultant agrees to protect, and hold harmless City, its elected and appointed officials and employees from any and all liabilities, expenses or damages of any nature, including reasonable attorneys' fees, for injury or death of any person or damage to property or interference with use of property resulting from errors and omissions committed by Consultant arising from the negligent acts of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 13. Insurance. Insurance required herein shall be valid for a minimum of one year, or term of contract, whichever is longer, and it shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 13.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 13.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 13.3 Worker's Compensation. 4 If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 13.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 13.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 13.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 13.7 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 14. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. 5 Section 15. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director To Consultant: Michelle Caruana Nature's Image, Inc. 20472 Crescent Bay Drive, Suite 102 Lake Forest, CA 92630 Section 16. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 17. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 18. Entire Aureement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: David M. Swerdlin, Mayor CONSULTANT By: Na ur 'ss Image, Inc— ATTEST: ncATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John R. Sh w, City Attorney 7 E&ZanT-m Natures Image, Inc. Landscape Construction & Maintenance March 28, 2006 City of San Juan Capistrano Public Works Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Peter Salgado Senior Civil Engineer RE: 760 S Reservoir Project— Habitat Restoration Maintenance Services Enclosed please find our proposal to provide habitat restoration maintenance services for the 760 S Reservoir Project. The enclosed proposal is an offer valid for 90 days from date of receipt. Thank you for the opportunity to provide this proposal. Sincerely, N�ThJ LS INJA�E, INC. Mic Ile aruana President EXHIBIT "A" 20472 Crescent Bay Drive, Suite#102 • Lake Forest, CA 92630 • (949) 454-1225 • Fax (949) 454-1215 California License 4720513 • Pest Control Advisor#07703 Bidder's Declaration - Non Collusion (California Public Contract Code Section 7106) The undersigned having adequate information to make this declaration without reservation or qualification declares under penalty of perjury pursuant to the provisions of California Public Contract Code Section 7106, as follows: The party making the bid enclosed herewith declares that that the bid Is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired; connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract. All statements contained in the bid are true; and,further, the bidder has,not direc,jly. Or iodlrectly,submitted his.or her bid price or any breakdown thereof, or the contents thereof, or divulged mfoftiiahon or.#lata-relative thereto,or paid, and will not pay, any fee to any corporation, partnership, company.association iorganization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid." This declaration executed on I �(;� '� , ton at (sighatureT Pres,devt�- typed name and title A-15 • -� Natures Image, Inc. Landscape Construction & Maintenance 760 S Reservoir — Habitat Restoration Maintenance Scope of Work The project consists of four main tasks, Weed Abatement, Irrigation, General Maintenance and Project Management. Weed Abatement The site is irrigated so the first year in particular will require extensive effort in weed abatement. Apparent concerns about herbicide use will mean a labor intensive approach for the first two years. Crew size should fluctuate with the seasons with the concern being seasonal seed drop more than rainfall. If species such as black mustard are to be controlled by hand weeding frequent site inspections (at least every two weeks) during the mustard season in late winter and spring will be critical. A rapid response with a large crew will be essential. Natures Image would provide up to three ten-man weeding crews to deal with the mustard seedlings if necessary. The targeted species shall be all non-native, exotic plant material with a special effort towards any considered invasive. Targeted plant material will be removed by hand, and disposed of off site at an approved landfill or greenwaste facility. Artichoke thistle (Cynara cardunculus) in particular would respond better to herbicide use than hand pulling. We would suggest carefully treating the artichoke thistle with Transline (clopydid). Our experience dealing with artichoke thistle for the Nature Conservancy, The Nature Reserve of Orange County and the Crystal Cove State Park has shown Transline to be more effective controlling artichoke thistle than glyphosates, or hand pulling. Irrigation The irrigation system consists of approximately 90 manual valves. The use of manual valves will require a small irrigation crew to open and close valves and monitor the pressure and delivery of water. The crew foreman will determine how many valves can be utilized at once as well as which combination of opened valves is optimal for scheduling purposes. There are two critical factors to be considered when maintaining a coastal sage scrub habitat in the first summer after installation. Enough water must be applied to keep the plant material alive and growing, without over applying water causing soil pathogens to multiply and damage or kill the plant material. The amount of water applied frequency and soil moisture levels must be closely monitored. Natures Image will monitor moisture levels and apply water at least twice a week during the first six months of the project. The irrigation system will also be checked for breaks, misaligned heads, malfunctioning heads or nozzles and vandalism. The backflows will be inspected on a monthly basis. All minor repairs are included in the costs. Natures Image would provide the City a cost analysis of changing the system to low cost, highly efficient battery operated controllers as opposed to manually opening and closing valves. 20472 Crescent Say Drive, Suite#102 - Lake Forest, CA 92630 • (949) 454-1225 • Fax (949) 454-1215 California License#720513 • Pest Control Advisor#07703 Scone of Work (continued) General Maintenance The general maintenance shall include erosion control and plant protection. The site shall be inspected by a project manager or estimator with a Storm Water Pollution Control Managers certificate as accepted by Caltrans. The project manager will check for minor grade changes that may lead to rilling or ponding of water. Natures Image will recommend and install minor grade repairs, straw wattles or other run off controls as needed within the projected budget for those best management practices. The project manager and foreman shall inspect plant material at each site visit for signs of herbivory. While small amounts of damage are expected on some species, any indication that plants may be lost will require installation of wire cages. Natures Image will install cages as needed within the projected budget. Project Management Project management shall consist of overseeing the weed abatement, irrigation and general maintenance as well as initial meetings with the owners biological monitors and city representatives. The project management shall also consist of regular site visits, regular monthly meetings with the owners biological monitors, coordinating and obtaining approval of billing, and filing monthly progress reports. Natures Image takes great pride in our projects and in our client's success in meeting their goals. We strive to cultivate a cooperative team environment. Natures Image, Inc. Landscape Construction & Maintenance SECTION 1 - Overview NATURES IMAGE, INC.—AN OVERVIEW Natures Image, Inc. is a full service habitat restoration company. Since the early 1990's we have been successfully restoring and maintaining various habitat communities including riparian, coastal sage scrub, freshwater and saltwater marsh, desert, chaparral, sycamore grassland, oak woodlands and native grasslands throughout California. We offer public and private entities construction and maintenance services for all their restoration needs. Our restoration methods combine experience with innovation and our team is committed to succeed and consistently strives to surpass a project's restoration goals. Natures Image, Inc. is a principal centered company and believe in what we do. We deem that in creating a successful project it is important for the owner, biological consultant and restoration contractor to work together. Our crews are trained in native habitat restoration and regularly work in sensitive habitats. We own and operate our own equipment which allows us to perform all our restoration work in-house. Following is of services we offer: ® Revegetation: Full revegetation services including site clearing, planting, seeding, irrigation design/installation and maintenance. • Aquatic Planting: Collection and installation of aquatic plants for wetlands, marshes and vernal pools ® Exotic Weed Eradication: Cutting, grinding, removal and subsequent spraying of invasive species including Arundo donax, Tamarisk, Castor Bean, Artichoke thistle, Pampas Grass, Veldt Grass and many more. • Plant Salvage: Cutting, Collecting, Propagating and Planting of endangered species. ® Seed Imprinting: Natures Image was the first contractor to specialize in seed imprinting for habitat restoration. Seed imprinting is an excellent alternative for hydroseeding especially for projects with several acres to seed, projects with no available water source or where some existing vegetation is to be preserved within seeded area. • Hydroseeding: Seed application for revegetation and erosion control. • Erosion Control: SWPPP BMP Installation, hydroseeding, strawblowing and installation of straw wattles, jute netting, coir fabric, silt fencing, and other erosion control measures as required. e Critter Fencing, Exclusion Fencing, Critter Trapping: Fencing installation to protect endangered species from construction right-of-ways. Trapping array installation for species population density studies. e Pesticide Spraying: Licensed pest control applicators and advisors for terrestrial and aquatic plants. 6 Maintenance: Long term and short term maintenance for all habitat types. 20472 Crescent Bay Drive, Suite#102 • Lake Forest, CA 92630 - (949) 454-1225 • Fax (949) 454-1215 California License#720513 • Pest Control Advisor#07703 i • SECTION 2 — Key Personnel Micheiie Caruana, President Ms. Caruana has a degree in Ecology & Systematic Biology. For the last 10 years she has worked exclusively on installing and maintaining restoration projects throughout the state of California. She has worked with Caltrans, Army of Corps of Engineers, municipalities and developers to restore land back to its native state. . She is a licensed Pest Control Advisor and a holds Qualified Applicators License. She also holds a California State Contractors License for Landscape Construction. Her professional affiliations include Society for Ecological Restoration, California Exotic Pest Plant Council, California Agricultural Production Consultants Association and California Landscape Contractors Association. Ms. Caruana's primary responsibility is oversight of the financial performance of the company. Her other duties include strategic planning, corporate management, estimating, contract administration and internal operations. Additional tasks include plant identification, administering vegetative plans, weed abatement programs and irrigation scheduling. John Caruana, Vice-President: Mr. Caruana has over 20 years experience in the landscape industry and holds a degree in Landscape Architecture. He specializes in habitat restoration construction and installation. He was instrumental in designing the steep slope imprinter and continues to make advancements in restoration design and implementation. He holds a California State Contractors License for Landscape Construction. Mr. Caruana's duties include research and development of new ideas, overseeing company operations, communication with clients, estimating project costs and contract administration. He also acts as a Project Manager performing all project management functions. Grady Banister, Chief Estimator: Mr. Banister has 25 years experience in the landscape and nursery trades. He is a qualified applicator, licensed in aquatic pest control, a California certified nurseryman, a certified irrigation auditor and is a certified SWPPP Water Pollution Control Manager. Mr. Banister's duties include overseeing and directing the Estimating Department, attending and documenting project meetings from pre-bid to pre-construction, cost estimation and material purchasing. Prepare project budgets and critical path schedules. Review Communicate directly with governing agencies, project owners and representatives, vendors, Project Managers and field supervisors. Additional tasks include irrigation design and management of pesticide usage and reporting. Chris Weaver, Estimator. Mr. Weaver has over 12 years experience estimating and project management in the green industry. He holds a degree in Horticulture/Turfgrass Management and is a qualified applicator licensed in aquatic pest control. Mr. Weavers' duties include attending and documenting pre-bid and pre-construction meetings, searching for new bid opportunities, reviewing project plans and specifications, source materials and their cost, negotiate with vendors for best pricing, solicit subcontractors, cost estimation, preparing budgets and project handoff packages. Mr. Weaver also works on occasion as a project manager and oversees projects from the bidding stage through construction. 0 Jason Walters, Estimator., Mr. Walters has over 5 years experience estimating and project management in the construction industry. He holds a degree in Business Administration and is working towards his Masters of Science in Construction Engineering. Mr. Walters' duties include attending and documenting pre-bid and pre-construction meetings, searching for new bid opportunities, reviewing project plans and specifications, source materials and their cost, negotiate with vendors for best pricing, solicit subcontractors, cost estimation, preparing budgets and project handoff packages. Phfl Elliott. Project Manager. Mr. Elliott has 20 years experience in landscape and irrigation. He holds a degree in Ornamental Horticulture and Landscape Irrigation Design. He is certified irrigation designer and certified irrigation auditor. He is also a certified SWPPP Water Pollution Control Manager. Mr. Elliott's duties include attending and documenting project meetings from pre-construction to project completion. Prepare, maintain and update critical path schedules and identify any major changes affecting completion dates. Perform job site visits to monitor job progress, quality of installation and compliance with contract specifications. Review the status of projects and communicate directly with governing agencies, project owners and representatives, vendors and field supervisors. Oversee and analyze projects for proper completion of all contractual obligations. Review as-built drawings and completion package for proper inclusions. Additional tasks include irrigation design and materials purchasing. Luis Lopez, Project Manager. Mr. Lopez has 25 years experience in landscape and nursery industry. Mr. Lopes is also fluent in Spanish. Mr. Lopez's duties include attending and documenting project meetings. Perform job site visits to monitor job progress and compliance with contract specifications. Review the status of projects and communicate directly with governing agencies, project owners and representatives, vendors and field supervisors. SECTION 3 — Projects Revegetation • Forster Ranch, San Clemente, California. Performed: 90 acres of coastal sage scrub restoration including seeding, planting, Brodiaea transplanting, design and installation of temporary irrigation system and creation of two acres of wetlands including aquatic planting. Maintenance of site for five years. o Forster- Ken Nish ikawa - John Laing Homes - 949-265-2400 • Tonner Hills, Brea, California. Five projects totaling 132.5 acres of riparian and coastal sage scrub restoration including site preparation, planting, seeding, design and installation of irrigation system and maintenance. o Tonner- John Ullom, Ullom Associates -425-836-2728 • Big Tujunga Wash Mitigation, Sunland, California. Performed: 115 acres of riparian and wetlands enhancement including Arundo removal, Eichhomia removal, aquatic plant pest control, marsh, riparian and wetlands plantings. Maintenance spraying of Arundo and other exotics is also included. o Big Tujunga - Pam DeVries, Bonterra Consulting 626-351-2000 • Serrano Creek, Lake Forest, California. Performed 9.2 acres of riparian, sycamore woodland, upland oak woodland, coastal sage scrub, willow mulefat scrub restoration including site preparation, Arundo donax eradication, planting, seeding, erosion control, irrigation installation and maintenance. o Serrano - Ralph Maples - County of Orange 714-567-7826 Wetlands • Hill Canyon WWTP, Thousand Oaks, California. Performed 8 acres of wetland, march and riparian restoration including Arundo removal, irrigation installation, planting, seeding, erosion control and maintenance. o Hill Canyon - James Gorham, CH2M Hill 704-429-2020 • Wetland Mitigation and Southwestern Turtle Pond, Laguna Hills, California. Performed irrigation installation, planting riparian and wetland species, hydroseeding, and maintenance. o Laguna Wetlands - Pam DeVries, Bonterra Consulting 626-351-2000 • Jack Dunster Marine Biological Preserve, Long Beach, California. Performed installing sub-surface irrigation system; furnishing and installing native salt marsh and uplands plants and 6 months of landscape maintenance. o Jack Dunster- John Meek, John S. Meek Company 310-830-6323 • Brawley and Imperial Wetland Restoration, Imperial, California. Performed 28.7 acres of wetland restoration including emergent and aquatic vegetation species, invasive weed removal and ongoing maintenance. o Brawley- Deborah Marcus, Bureau of Reclamation 702-293-8119 Maintenance • Calabasas Landfill, Calabasas, California. Maintenance of 20 acres Coastal Sage Scrub: chemical applications, manual weed control, removing litter, inspecting erosion problems, irrigation repair and hand watering. o Calabasas - Nick Morel] - Los Angles County Sanitation Districts 562-699-7411 • San Juan Creek, San Juan Capistrano, California. Maintenance of 13 acres of riparian habitat: chemical applications and manual weed control. o San Juan Creek - Jim Cathcart- CGvL 949-454-3600 • Puente Hills Landfill, Whittier, California. Maintenance of 4 acres of riparian habitat: chemical applications, manual weed control, removing litter, inspecting erosion problems, irrigation repair, herbivory and hand watering. o Puente - Nick More]I - Los Angles County Sanitation Districts 562-699-7411 • Oak Park Maintenance, Oak Park, California. Maintenance of 6.16 acres of coastal sage scrub and riparian habitat: chemical applications, manual weed control, removing litter, inspecting erosion problems and irrigation repair o Oak Park- Sally Davis —Glenn Lukos and Associates - 949-837-0404 Natures Image Inc. • City of San Juan Capistrano • 03/28/2006 760 S Reservoir Budgeted Man Hours Weed Abatement Year One Year Two Year Three Year Four Year Five Standard Wage Foreman Hr 180 139 124 83 83 Standard Wage Foreman Hr 48 37 33 22 22 Standard Wage Laborer Hr 1,674 1289 1155 770 770 Standard Wage Driver Hr 288 222 199 132 132 Irrigation Salaried Project Manager Hr 80 62 55 37 37 Standard Wage Foreman Hr 120 921 83 55 55 Standard Wage Laborer Hr 280 216 193 129 129 General Maintenance Standard Wage Foreman Hr 80 62 55 37 37 Standard Wage Laborer Hr 160 123 110 74 74 Project Management Salaried Project Manager Hr 80 62 55 37 37 Salaried Project Manager Hr 40 31 28 18 18 Rates: Salaried Project Manager $ 85.00 per hour Standard Wage Foreman $ 37.00 per hour Standard Wage Laborer $ 21.00 per hour Standard Wage Driver 1 $ 21.00 1 per hour Natures Image Inc . City of San Juan Capistrano • 03/28/2006 760 S Reservoir Project Habitat Restoration Maintenance Weed Abatement Year One $ 13,828.00 Includes: Tarps, tools, chemicals, Weed Abatement Year Two $ 10,647.56 safety gear, disposal fees, and fuel. Weed Abatement Year Three $ 9,541.32 Weed Abatement Year Four $ 6,360.88 Weed Abatement Year Five $ 6,360.88 Irrigation Year One $ 3,502.00 Includes: Parts for minor repairs, glue, Irrigation Year Two $ 2,696.54 and fuel. Irrigation Year Three $ 2,416.38 Irrigation Year Four $ 1,610.92 Irrigation Year Five $ 1,610.92 General Maintenance Year One $ 5,016.00 Includes: Budget for straw wattles, General Maintenance Year Two $ 3,862.32 wooden stakes, other BMP's, plant General Maintenance Year Three $ 3,461.04 protection cages, and fuel. General Maintenance Year Four $ 2,307.36 General Maintenance Year Five $ 2,307.36 Natures Image Inc Organization Chail 1 Board of Directors\ 2 President Michelle 7 Caruana\ Vice President John Camanal 3 Controller John S Chief Estimator 71 Scatton\ Grady Banister\ Operations Dept\ 4 Office Manager SExecuWe Asst 9 10 12 13 Eshmator Estimator :Project Mana er Smtt Watson) I 9 Project Manager Lori Robinson Chris Weaver\ Jason Walters) - Phil Ellioth Luis Lopez\ 8 14 2B Receptionist Eric Foreman 1B_ Foreman 18 For Foreman � Foreman 24 Foreman Mancino. Heleodoro Castillo Leo AmezquilM Angel Hernandez\ Raul Fernandez\ Rosario Re es\ Y Leonel Linares) 15 17 - 19 21 23 25 Crew Crew Crew Crew Crew Crew City of San Juan Capistrano Matrix . Natures Image Inc. 03282006 760 S RESERVOIR PROJECT HABITAT RESTORATIONS MAINTENANCE SERVICES Fee Total per No. Task Year 1 Year 2 Year 3 Year4 Years 5 Task 1 Weed Abatement $ 63,648.00 $ 48,960.00 $ 44,064.00 $ 29,376.00 $ 29,376.00 $ 215,424.00 2 Irrigation $ 21,216.00 $ 16,320.00 $ 14,688.00 $ 9,792.00 $ 9,792.00 $ 71,808.00 3 General Maintenance $ 10,608.00 $ 8,160.00 $ 7,344.00 $ 4,896.00 $ 4,896.00 $ 35,904.00 4 Project Management $ 10,608.00 $ 8,160.00 $ 7,344.00 $ 4,896.00 $ 4,896.00 $ 35,904.00 Total per year $ 106,080.00 $ 81,600.00 $ 73,440.00 $ 48,960.00 $ 48,960.00 Total Fee $ 359,040.00 EXHIBIT "B" THE CITY OF SAN JUAN CAPISTRANO .......... ........ MA DEL Proiect Site 0 3000 6000 9000 Feet ATTACHMENT 2 0 a 32400 PASEO ADEI ANTO MEMBERS OF THE CITU COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAM ALLEVA (949)493-1171 /�✓ (949)493-1053 FAX lJ- n[OAVOARiEO DIANE BATHGATE f11A1d AXf0 1961 WYATT HART www.sanjuancapistrano.org 1776 JOE SOTO DAVID M.SWERDLIN NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on June 20, 2006, in the City Council Chamber in City Hall, to consider: "Consideration of a Personal Services Agreement for Habitat Restoration Maintenance Services for the 760 S Reservoir Project (Nature's Image, Inc) (CIP# 719) City Council Priority No. 14a" — Item No. D13. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Board and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, June 19, 2006 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Peter Salgado, Senior Civil Engineer. You may contact that staff member at (949) 949-443-6366 with any questions. The Agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.or-g. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendasasanivancapistrano.org. Meg Monahan, CMC City Clerk cc: Nature's Image, Inc; HRS, Inc; Habitat West, Inc; E. Stewart and Associates, Inc; Eric Bauman, Water Engineering Manager; Peter Salgado, Senior Civil Engineer " Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future ��Printed on 100%Recycled Paper 32400 PASCO AOELANTO .�/ MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i� IWU (849)493-1171 �j,'✓ SAM ALLEVATO (949)4931053 FAXL� InmAVOAAIto DIANE BATHGATE FSIAIIISXfO 1661 WYATT HART www.sat?juancapi,5trano.org 1778 JOE SOTO •'��Mq � DAVID M.SWERDLIN June 21, 2006 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On June 20, 2006 the City Council of San Juan Capistrano met regarding: "Consideration of a Personal Services Agreement for Habitat Restoration Maintenance Services for the 760 S Reservoir Project (Nature's Image, Inc) (CIP# 719) City Council Priority No. 14a" Item No. D13. The following action was taken at the meeting: Personal Services Agreement, in the amount of $106,080, for the period of one year, with Nature's Image, Inc. for Habitat restoration maintenace services for the 760 S Reservoir project, approved. The following documents are in the process of being executed: n/a If you have any questions regarding this action, please contact Peter Salgado, Senior Civil Engineer at 949-443-6366 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Cc: Nature's Image, Inc; HRS, Inc; Habitat West, Inc; E. Stewart and Associates, Inc; Eric Bauman, Water Engineering Manager; Peter Salgado, Senior Civil Engineer San Juan Capistrano: Preserving the Past to Enhance the Future ��Printed on 100%Recycled Paper