11-1212_TREE OF LIFE NURSERY_Personal Services Agreement PERSONAL SERVICES AGREEMENT
~� C4, THIS AGREEMENT is made, entered into, and shall become effective this Q_
of�Get r 2011, by and between the San Juan Capistrano (hereinafter referred to as the
"City") and Tree of Life Nursery (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to contract with Consultant for the provision of California
native plant stock for the first planting phase of the 2C Ranch/Trabuco Creek Habitat
Restoration Project (CIP No. 11204); 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 the Consultant shall consist of those tasks as
set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that
there are any conflicts between the provisions described in Exhibit"A"and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than June 30, 2012.
Section 3. Compensation.
3.1 Amount
Total compensation for the services hereunder shall not exceed $23,460.62
(twenty-three thousand, four-hundred and sixty dollars and 621100 cents).
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices. The City
will pay monthly progress payments based on approved invoices in accordance with this
Section.
3.3 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
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available at reasonable times to the City. Invoices shall be addressed as provided for in
Section 16 below.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of the City, and shall obtain no rights to any benefits which accrue to
Agency's employees.
Section 5. Limitations Upon Subcontracting and Assi nment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for the 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 the 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.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. 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/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed 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 the 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.
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Section 9. Compliance with Law; E-Verify.
9.1. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
9.2. E-Verify.
If Consultant is not already enrolled in the U.S. Department of Homeland Security's
E-Verify program, Consultant shall enroll in the E-Verify program within fifteen days of the
effective date of this Agreement to verify the employment authorization of new employees
assigned to perform work hereunder. Consultant shall verify employment authorization
within three days of hiring a new employee to perform work under this Agreement.
Information pertaining to the E-Verify program can be found at httr:1/www.uscis.ov, or
access the registration page at https://e-verifv.uscis.gov/enroll/. Consultant shall certify its
registration with E-Verify and provide its registration number within sixteen days of the
effective date of this Agreement. Failure to provide certification will result in withholding
payment until full compliance is demonstrated.
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. Copies of Work Product.
At the completion of the work, Consultant shall have delivered to City at least one(1)
copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise approved by
the City in writing.
Section 12. 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.
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Section 13. Indemni .
To the fullest extent permitted by law,Consultant agrees to protect, defend,and hold
harmless the City and its elective and appointive boards, officers, agents, and employees
from any and all claims, liabilities,expenses,or damages of any nature, including attorneys'
fees, for injury or death of any person, or damages of any nature, including interference
with use of property, arising out of, or in any way connected with the negligence,
recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents,
officers, employees,subcontractors, or independent contractors hired by Consultant in the
performance of the Agreement. The only exception to Consultant's responsibility to protect,
defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful
conduct of the City, or any of its elective or appointive boards, officers, agents, or
employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to the
City. Consultant shall not allow any subcontractor to commence work on any subcontract
until all insurance required of the Consultant has also been obtained for the subcontractor.
Insurance required herein shall be provided by Insurers in good standing with the State of
California and having a minimum Best's Guide Rating of A- Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement,Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 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 an amount not less than one million dollars per occurrence
($1,000,000.00).
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14.3 Workers' Compensation.
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.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work underthis Agreement, Consultant shall submit the
insurance certificates, including the deductible or self-retention amount, and an additional
insured endorsement naming City, its officers, employees, agents, and volunteers as
additional insured as respects each of the following: Liability arising out of activities
performed by or on behalf of Consultant, including the insured's general supervision of
Consultant; products and completed operations of Consultant; premises owned, occupied
or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant.
The coverage shall contain no special limitations on the scope of protection afforded City,
its officers, employees, agents, or volunteers.
14.5 Notice of Cancel tationlTermination of Insurance.
The above policylpolicies 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.
14.6 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.7 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 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party 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
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the ten (10) day cure period.
Section 16. 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: William Ramsey, AICP, Principal Planner
To Consultant: 33201 Ortega Highway
PO Box 635
San Juan Capistrano, CA 92693
Attn: Mike Evans
Section 17. 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 18. ®is ute 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 19, 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITYOF SAN JUAN CAPISTRANO
Keen P. Brust, City anager
CONSULTANT :
Z.3r-ee46f Life Nursery
ATTEST-
Maria orris, Ci I
APPROVED AS TO FORM:
3 T
E
Al
d .6 igyp,
Omar Sar d'oval,t ity Attornb y
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EXHIBIT A
TREE OF LIFE NURSERY
33201 ORTEGA HIGHWAY
P.O. BOX 635
SAN JUAN CAPISTRANO, CA 92693
(949) 728-0685
mil<eevansCc treeofi!_ifenursery.com
www.CaliforniaNativePlants.com
12 September, 2011
To: bramsevCcbsanivancapistrano.org.
Development Services Department
City of San Juan Capistrano, California
RE: PROPOSAL, 2C Ranch/Trabuco Creek Restoration
Introduction
Transmittal letter
Tree of Life Nursery is pleased to submit this proposal to the City of
San Juan Capistrano for Provision of Coastal Sage Scrub, Riparian and
Transitional Zone Native Plants for First Year Planting of the 2C Ranch/
Trabuco Creek Habitat Restoration Project. With over thirty years
experience in growing California native plants, we are uniquely capable of
providing excellent service and very high quality plants. We completely
understand the scope of the project.
The general methodology we intend to employ would be to, immediately
upon award of the contract, begin collection on site of all the necessary
seed and cuttings. This is the first step in site-specific plant propagation.
However, because time is short, and of the essence for a Spring 2012
target planting date, we are including as part of this proposal, a list
of plant material currently on hand in our inventory, which meets the
specification for it's propagule source being from genetically-similar native
plant communities with 10 miles of the project site. We will be able supply
excellent material by being able to select from both newly propagated
plants, and ready-to-ship plants in our inventory, assuring that the City will
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EXHIBIT A
get the best material available.
Tree of Life Nursery
Bio - background & experience
General Description
Products
Tree of Life Nursery is known for its high quality line of California natives.
Over 1,000 species and varieties of native plants have been propagated and
produced in various container sizes. The nursery also offers seed production
and seed increase services. Personal attention and assistance are given to
each and every customer.
Tree of Life has earned a reputation for dependability on special orders,
site-specific provenance, large quantities, and specialty sizes. An on-going
program for mycorrhizal inoculation gives Tree of Life customers access to
plants which will withstand the rigors of revegetation gobs. Expert technical
assistance is provided with plant orders and production contracts.
Tree of Life has become the largest native plant nursery in California.
Through 30 years of native plant production and involvement in numerous
professional organizations, the staff has gained extensive experience and
knowledge in the fields of plant propagation, ecological restoration, habitat
enhancement, and authentic landscaping, that is, gardening that reflects the
true meaning of California.
History
Tree of Life Nursery was founded by Mike Evans in San Juan Capistrano,
California in 1976. Tree of Life began as a wholesale nursery/landscape
contracting firm propagating and growing California native plants and
specializing in authentic garden design for southern California, as licensed
contractors. In 1979, the company began to place more emphasis on
developing the wholesale nursery and reducing its activity in landscape
installation. In 1951, a partnership was formalized between Mike Evans
and Jeff Bohn. At that time the contractor's license status was changed
to "inactive" and the company is no longer in the contracting business. In
1986, the nursery moved from a 4 acre leasehold on the Lacouague Ranch
in San Juan Capistrano to its current location on Rancho Mission Viejo. In
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EXHIBIT A
2001, the company was incorporated in the state of California. The entire
focus since 1981 has been propagation, production and wholesale supply of
California native plants for landscape and ecological restoration.
Statistics
Tree of Life Nursery produces native plants on a 36-acre leasehold on the
historic Rancho Mission Viejo. The nursery currently produces more than
500 varieties in various sizes of containers. The wholesale business is
comprised of sales from inventory and contract growing. A display section of
the nursery with representative samples of plants, demonstration gardens,
and a bookstore is available for wholesale customers and open to the
general public. Tree of Life enjoys a very good, long-term relationship with
the landlord, the Rancho Mission Viejo. Tree of Life has been a leading force
in the use of native plants in southern California.
Memberships
Tree of Life has been an active member of the California Association of
Nurserymen (C.A.N.) since 1976. Mike Evans is a California Certified
Nurseryman, Advanced Status (No. 463). He has served on the C.A.N.
Research Committee, and the Environmental Resource Management
Subcommittee. Mike's role on the Committee was to assist C.A.N. in
addressing the issue of escaped exotic plants in California.
Tree of Life Nursery is a founding member of the National Wildflower
Research Center based in Austin, Texas.
Tree of Life is an active and founding member in the Society for Ecological
Restoration, Mike Evans is a regular contributor to the Society's newsletter,
the SER News. Mike Evans was President of the California chapter (SERCAL)
2001.
Mike Evans is a Director of the Reserve at Rancho Mission Viejo.
Mike Evans is a President of the Board of the Casa Romantica Cultural
Center and Gardens in San Clemente.
Several members of the nursery staff maintain individual memberships in
numerous professional organizations. Among the most prestigious is the
International Plant Propagators' Society (IPPS).
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EXHIBIT A
Mike Evans is the Past International President (2005) of the IPPS, and a Past
President (1994) of Western Region IPPS.
Laura Camp, CFO of Tree of Life Nursery, is a member of the board of the
California Native Plant Society ("CNPS") (2010-2011). She is also the
volunteer chair of the CLAPS Horticulture Committee, and the past president
of the Orange County Chapter of CLAPS (2008-2010).
Facilities
Description of Facilities - Growing Grounds - approx. 36 acres
Propagation (seed/cuttings) area - 2 acre
Shade houses - 7.5 acres
Greenhouses - 14,000 sq. ft.
Propagation barn - 2300 sq, ft.
Office - 1280 sq. ft.
Maintenance shop - 700 sq. ft.
Laboratory for mycorrhizal research - 1500 sq. ft.
General public sales 1 acre
Sun beds, 1 gal. - 6.5 acres
Sun beds, 5 gal, - 3.5 acres
Sun beds, 15 gal. - 2 acres
Sun beds, other - 2 acres
Soil mixing - approx. 1 acre
Seed fields - 4 acres
Gardens - 3 acres
Field craps and room for expansion - approx. 8 acres
Total containerized plant count all sizes - approximately 1.5 million
Licenses
Tree of Life holds License to Sell Nursery Stock No B 3064.001 issued by the
California Department of Food and Agriculture.
For pesticide use, Tree of Life Nursery holds Applicator's Permit #30-97-
301035 issued by the California Department of Pesticide Regulation.
Tree of Life Nursery is a certified small business with the state of California,
reference #001.2564.
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EXHIBIT A
Location
Tree of Life Nursery is located in the warm, dry-climate zone of southern
California, which is typified by a Mediterranean climate.
The nursery is in Orange County, eight miles east of San Juan Capistrano on
the Ortega Highway, next to Casper`s Regional Wilderness Park. Situated
on low alluvial soils bordering the San Juan Creek, the nursery is surrounded
by large tracts of open/wild lands, which offer an ideal setting for the
production and display of California native plants. In addition to the 30+
acre growing ground, Tree of Life maintains approximately 3 acres in planted
areas and theme gardens throughout the nursery grounds, where landscape
planners and land managers can view mature specimens of the plant species
produced in the nursery. The nursery maintains approximately two acres of
stock beds, which yield seed and cuttings for propagation.
Market
Tree of Life Nursery is strategically located to supply major landscape and
revegetation projects in the Southland. The nursery is situated 10 - 15
minutes east of I-5 and approximately one to one and one half hours drive
from the major markets in Los Angeles, Riverside, San Bernadino, and San
Diego Counties. In addition, Tree of Life supplies many projects in Orange,
Ventura, Santa Barbara, and San Luis Obispo Counties. Occasionally, plants
are sent to the Santa Clara Valley, San Francisco Bay and northern California
areas. On special order the nursery supplies projects in both the high and
low desert regions.
Delivery Capability
Tree of Life owns and operates three trucks for exclusive use in delivering its
products. Nursery plants are also delivered on semi-truck loads by contract
with other Southland companies. A key to the nursery's good reputation has
been timely delivery of contract grown plants.
Specialty
California Native Plants
When the nursery was established in 1976 and when the partnership
formalized in 1981, the goal was to specialize in natives. Through the early
to mid nineteen-eighties, numerous opportunities were presented for Tree of
Life to compromise its original intent and grow non-native drought-tolerant
plants which would be compatible in the landscape with natives. The
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EXHIBIT A
nursery owners chose to carve a niche in a specialized market by producing
only native plants and referring the inquiries for non-native drought tolerant
plants to other nurseries. Tree of Life is known for its high quality California
.native plants.
Experience
Tree of Life Nursery produces and maintains the largest inventory of
California native plants in the state. Most landscape projects and many
revegetation jobs can be supplied from the regular inventory, however
contract growing ensures that the plants will be available for the customers
when they need them.
Tree of Life has successfully completed more than 1650 contract grow
obligations since 1981. Many of these projects have required collection of
propagation material from the site, plant production and accurate record
keeping, and timely delivery of site-specific native plants. Customers
include numerous agencies and departments of federal, state and local
governments, conservation organizations, and private land developers.
Many projects in the last five to six years have required plants inoculated
with VA mycorrhizal fungus (VAM). Tree of Life has spearheaded the most .
successful mycorrhizal program in the industry The nursery produces a
vesicular-abuscular mycorrhizal inoculum called VAM80, which is produced
for in-house use. Foresters, nursery professionals and consulting agencies
from the U.S., Canada, England, and Australia have. visited Tree of Life to
learn first hand of the mycorrhizal program. Dr. Lea Corcidi,PhD, dant
Ecologist, heads up the mycorrizal program at Tree of Life. She ahas
authored numerous papers for academic publications and is a well respected
researcher in her field.
Business
Approximately 7513/o of the container plants on site are grown as part of
the nursery's general inventory, with the remaining 25% produced on
a "contract grow" basis. The majority of the nursery's revenue is generated
by wholesale business in the landscape and revegetation trades.
A small but growing portion of overall revenue is realized through sales
to the general public. Since native plants are not featured in most retail
nurseries, Tree of Life strives to make natives available to homeowner and
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EXHIBIT A
garden enthusiasts. The nursery's work force consists of 25-30 people, most
of whom have been with the company ten years or more. The nursery is
managed by two owner/operators and staffed with 12-15 nursery workers/
growers including 2 drivers, 5 propagators, 3 retail staff and 4-6 office
personnel including sales, office management and marketing.
Insurance Coverage
Comp West - worker's compensation
Hortica / Florists Mutual - auto
Unigard - general liability
Fireman's Fund - umbrella
Bank
Farmers and Merchants Bank - San Juan Capistrano
Contact: O.J. Gause, Branch Manager 949-488-8550
Warranty
This letter certifies that this proposal is valid for at least 90 days from the
due date September 12, 2011.
Tree of Life Nursery warrants that all our plant material is true to name
and delivered free from all injurious pests and diseases. Furthermore, we
stand behind our quality. The plants are vigorous and sturdy, ready for their
intended use, and grown in such that they make a smooth transition form
the nursery conditions to the environmental conditions on the site. This has
been our reputation for more than thirty years.
Scope of Work
Tree of Life proposes to follow all the specific requirements for plant
propagation in this RFP.
We will collect, and we also have on band, all the species from within the
specified 10 mile radius to the job site.
All operations including administrative offices, propagation facilities and
growing grounds are located at our one central location, eight miles from
San Juan Capistrano, California.
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EXHIBIT A
Methods and procedures for successful survival rates
Specialized Planting Medium
Tree of Life Nursery native plants are produced in containers in a "soil-less"
planting medium. Customers obtain very high levels of success in planting
out, as the medium allows each root ball to adapt to a wide variety of site
soil conditions. The nursery does not use peat moss, having opted for the
more environmentally friendly, renewable resource, coir.
Attention to Root to Shoot Ratio
An important aspect of native plant production, especially for ecological
restoration is that the plants be well proportioned, not over-fertilized like so
many nursery grown ornamental plants and bedding flowers. A healthy ratio
between thr root and shoot will guarantee out-planting success.
Preparation for Delivery
As specialists in California native plants, with extensive experience in
ecological restoration, Tree of Life plants are also successful at the planting
site due to the employment of a horticultural technique called acclimitization.
The plants are grown or staged before delivery into a growing environment
similar to the planting site. In simple terms, the plants are taken from a
highly controlled greenhouse environment and immediately delivered to a
potentially harsh restoration site. They are "acclimatized."
VAM - Tree of Life History
This proposal serves as written certification that all plant species which do
in fact make mycorrhizal associations, will be inoculated and effectively
colonized with beneficial VA mycorrhizal fungi. Tree of Life began developing
and using VAM in commercial production in 1985. Our inoculum production
program was originally spearheaded by Dr. Ted St. John and has been
run by Dr. Lea Corkidi since 1999. Both individuals are highly respected
scientists with numerous publications attributed to each. Much of their
critical research was conducted and several papers published on work at
Tree of Life Nursery. Additional details, bins and list of publications are
available on request.
VAM - Tree of Life Program Overview
Tree of Life maintains a viable, custom suite of locally native and ubiquitous
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EXHIBIT A
species of VAM for in-house production of high quality inocculurn. Each
susceptible host-plant is inoculated at the seedling transplant stage. A
small quantity of inocculum is placed adjacent to each root ball. Growing
techniques in the nursery are customized to allow for a healthy colonization
on the roots. Use of pesticides, fungicides, and fertilizers, is carefully
adjusted for the benefit of the VA association.
See Publications:
Corkidi, L., Merhaut, D., Allen, E. B., Downer, J., Bohn, J., and Evans, M. Use of mycorrhizal colonization to
reduce nitrogen and phosphorus leaching from nursery containers.(IfortScience accepted for publication)
Corkidi,L.,Bohn,J., and Evans, M. (2009). Effects of bifenthrin on mycorrhizal colonization and growth of corn.
HortTechnology 19(4): 809-812.
Corkidi,.L., Evans, M., and Bohn, J. (2009). Infectivity and Effectiveness of arbuscular mycorrhizal fungi in
horticultural practices. Combined Proceedings of the International Plant Propagators'Society.
Johnson,N. C., Rowland, D. L., Corkidi,L.,and Allen,E. B. (2008). Plant winners and losers during grassland N-
cutrophication differ in biomass allocation and mycorrhizas.Ecology 89(10):2868-2878.
Corkidi, L., Evans, M., and Bohn, J. (2008). An introduction to propagation of arbuscular mycorrhizal fungi for
inoculation of native plant nursery stock.Motive Plants Journal 9: 29-38.
Sigiienza, C., Corkidi, L., and Allen, E. B. (2006). Feedbacks of soil inoculum of mycorrhizal fungi altered by N
deposition on the growth of a native shrub and an invasive annual grass.Plant and Soil 286:153-165,
Corkidi, L.,Allen, E. B., Merhaut, D., Allen, M. F., Downer, J., Bohn, J., and Evans, M. (2005). Effectiveness of
commercial mycorrhizal inoculants on the growth of 1 iguidarnbar stvraciflua in plant nur'ser'y conditions.Journal of
Environmental Horticulture 23 (2):72-76.
Corkidi, L., Allen, E. B., Merhaut, D., Allen, M. F., Downer, J., Bohn, J., and Evans, M. (2004). Assessing the
infectivity of commercial mycorrhizal inoculants in plant nursery conditions.Journal of Environmental Horticulture
22(3):149-154.
Koske, R. E., Gemma, J. N., Corkidi, L., Sig0enza, C., and Rinc6n, E. (2004). Arbuscular Mycorrhizas in Coastal
Dunes. In: Martinez,M. L. and Putsy, N. P. (Eds.). Coastal Dunes, Ecology and Conservation. Ecological Studies
171,pp. 173-187.Springer-Verlag,Berlin.
Allen, E. B., Allen, M. F., Egerton-Warburton, L.,Corkidi,L.,and G6mez-Pampa,A. (2003). Impacts of early and
late-seral mycorrhizae during restoration in seasonal tropical forest,Mexico.Ecological Applications 13:1701-1717.
Johnson, M C., Rowland, D. L., Corkidi, L., Egerton-Warburton, L., and Allen, E. B. (2003). Nitrogen enrichment
alters mycorrhizal allocation at five mesic to semiarid grasslands.Ecologv 84(7):1895-1908.
Corkidi, L., Evans, M., and Bohn, J. (2002). Effect of bifenthrin (TalstarL) on mycorrbizal colonization of
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EXHIBIT A
California native plants in containers.Combined Proceedings of the International Plant Propagators' Society 52:604-
608.
Corlcidi,L.,Rowland, D. L.,Johnson,N.C.,and Allen,E. B. (2002).Nitrogen fertilization alters the functioning of
arbuscular mycorrhizas at two semiarid grasslands. Plant waif Soil 240:299-310,
List of Similar Projects
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09110-current Scripps, La Jolla—Stem Cell Valley Crest, San Diego
Research Ken Stoffel
2,700 1-gallon, 4,000 4" and 1,000 5- 858-623-2932 x2932
gallon plants, some unusual/challenging
selections for landscape planting.
2010-current South San Diego Bay Wetlands Mayda Winter
Collection of site-specific seed and Southwest Wetlands Interpretive
cuttings to grow 65,000 liner-sized plants Association 619-575-0550
for salt marsh restoration
2010 Vista Civic Center Lawrie Cunningham
Ornamental Landscape new installation D.L. Cunningham
of shrubs, groundcovers and perennials. 949-261-7191
2,300 1 and 5-gallon plants plus 30,000
plugs.
2010 Prima Desecha Landfill, San Juan - Sara Louwsma
Capistrano LSA Associates (consultant)
Slope plantings, coastal sage scrub 949-337-6157
habitat - Gigi Hurst
$59,000 -19,300 1-gallon plants Habitat West (installer)
760-735-9378
10
EXHIBIT A
- Diane Dodson
County of Orange
714-834-4145
2010 Talbert Nature Center Pacific Restoration Group
Coastal sage scrub and wetlands plants 951-940-6069
$41,000—9300 1-gallon, 1300 5-gallon
13,000 willow & mulefat cuttings and
cactus pads
2010 Eternal Hills, Oceanside Clark & Green (design)
Coastal sage scrub, grass plugs Pacific Restoration Group
$59,000, 18,000 gallons, 2900 grass (installer)
plugs 951-940-6069
2007-9 Montebello Hills &Whispering Hills Jeff Johnson
Coastal sage scrub/ slopes Park West Landscape
$136,000 gallon and liner sized plants 949-564-8333
2008 Vista Hermosa &Tujunga Wash Elizabeth Jordan
Stream Mountains Recreation &
$119,000, varied plant palette and sizes Conservation Authority
323-221-8900
2008 Crystal Cove State Park-Calochortus Jim Harrison
weedii var. intermedius LSA Associates
Endangered species bulb storage/ 949-553-0666
increase program
2006-7 Glenn Lukos Associates—Four Sally Davis
Seasons Potrero Creek Glenn Lukos Associates
Coastal sage scrub and oak woodlands 949.837.0404 ext 46
mitigation
$90,000
2006 Owens Lake Margot Griswold
Riparian plants NewFields Agricultural &
Environmental Resources, LLC
323-735-0441
2003-4 Borderheld State Park-Goat Canyon State of California, Department
11
EXHIBIT A
Restoration of Parks & Rec.
Water quality and silt management Brad Burkhart (consultant)
project. Riverbed and upland plant Ecorp Consulting
habitat at coastal San Diego border, Rhone: 858-279-4040
drainage from Tijuana.
$139,000 - 58,500 1-gallon, 1430 flats of
saltgrass
2003 Rancho Mission Viejo-Arroyo Jeremy Laster
Trabuco Golf Course Rancho Mission Viejo
Production of coastal sage scrub, 949-240-3363
riparian, meadow and marsh plants for
mitigation
Various container sizes from liners to
15-gallon
1985 Sweetwater Marsh John Richards, project manager
Saltwater marsh plants grown for Smith & Reynolds
Caltrans mitigation project for Hwy 54 (951) 940-6069
02/83-Present Crystal Cove State Park David Pryor
Ongoing production of coastal sage State of California
scrub plants from seed collected on site 949-497-1421
Project schedule, propagation and delivery
For a January/February 2012 planting window, there is no time to waste.
Immediately after execution of contract, we would visit the site and work
in conjunction with the City and the Consultant to obtain seed and cuttings
as applicable. At the same time, and as a supplement, we would set aside,
pot-up and prepare the plants on the list from our existing inventory of
species whose origin can be certified to the 10 mile radius from the site.
Transplanting would take place throughout the fall and early winter.
Tree of Life is located conveniently close to the job-site, so small, custom
deliveries would be available. According the the needs of the City, we could
deliver the entire order for staging and maintenance in a protected facility
at the job site, or deliver smaller lots to accommodate the City's planting
schedule. Success often depends on weather conditions, so Tree of Life
12
EXHIBIT A►
stands ready to deliver relatively small loads of plants on short notice if
necessary.
Statements of qualification - Nursery manager and key staff
The following section contains brief bins on the key staff who will work on
this project.
Mike Evans - Project Manager, Administration
Mike Evans was born and raised in southern California and demonstrated
an early love for the outdoors. He worked with several nurseries both retail
and wholesale, before establishing Tree of Life Nursery in 1976. The nursery
specializes in native California plants. Tree of Life Nursery promotes a style of
authentic horticulture, specifically the concept of appropriate landscaping with
native California plants.
Mike is affiliated with numerous conservation, horticultural and botanical
organizations. He is past president (1994) of the Western Region of
International Plant Propagators' Society (IPPS) and served as IPPS
International President in 2005. The IPPS Regions include Great Britain/
Ireland, Australia, New Zealand, Japan, South Africa, three Regions in North
America with outreach to Eastern Europe and South America. He is past
president (2001) of the California Society for Ecological Restoration.
Mike was involved in water conservation during the 1980's as a founding
member of the Xeriscape committee through Metropolitan Water District of
Southern California. He received the Xeriscape Award in 1986. In addition,
he has been active in the California Native Plant Society, the California
Botanical Society, and The Nature Conservancy. He served on the horticultural
committee for The Jepson Manual project, the definitive California flora
published in 1993.
Mike is one of the original board members on the Richard and Donna O'Neill
Land Conservancy in San Juan Capistrano. He also serves as President of the
Board for the Casa Romantica Cultural Center and Gardens in San Clemente,
and formerly the San Juan Capistrano Historical Society. Mike is Chairman
of the Board for the Reserve at Rancho Mission Viejo, a 20,000 acre land
conservancy in south Orange County.
13
EXHIBIT A
With his experience in native plant production, design, landscaping, and
ecological restoration, Mike Evans advocates a present-day California that
deserves to look like the true "California." Mike often is called on to write
or lecture on the subject. His hobbies include hiking, surfing, photography,
music, reading and writing. He serves as pastor of a Spanish language
Christian church in San Juan Capistrano.
Mike Evans is president of Tree of Life Nursery. In 2000, he received the
Curtis J. Alley Award from the Western Region of the International Plant
Propagators' Society. In 2007, the nursery was honored to receive two
statewide awards; the Horticultural Award from the California Native Plant
Society and the California Glory Award presented by the Rancho Santa Ana
Botanic Garden, In 2011, Mike was honored to receive the Native Perennial
Award from the Orange County Chapter of the California Native Plant Society.
Jeff Bohn - Project Manager, Production
Jeff Bohn is co-owner and Vice President of Tree of Life Nursery. Since
the late 1970's, Jeff has been pioneering and perfecting propagation and
growing techniques for California Native Plants, including signature work
on growing with mycorrhizal fungi. He is holder of a Private Applicator's
License, a member of the Society for Ecological Restoration in California
(SERCAL) and the International Plant Propagator's Society (IPPS).
Laura Camp - CFO
Laura Camp is a 1979 graduate of Pennsylvania State University and a
CPA. She has worked in various industries in financial accounting since
1980, including public accounting, entertainment, banking, insurance and
real estate development and joined Tree of Life Nursery in 1996. Laura is a
member of the Board of the California Native Plant Society ("CNPS") (2010-
11), Chair of the CNPS Horticulture Committee (2011), and Past President
of the Orange County Chapter of CNPS (:2008-2010). She is the Past
President of the Orange County Chapter of the American Society of Women
Accountants (circa 1990).
Haydee Rodriguez - Propagation seed
Haydee began work at Tree of Life Nursery 25 years ago. She is one of the
best native seed propagators anywhere, having worked with over 1000 plant
species.
14
EXHIBIT A
Gloria Castillo - Propagation cutting
Gloria began work at Tree of Life 27 years ago. She has developed a sixth
sense for making native plant cuttings strike roots.
Ramiro Rodriguez - Nursery Foreman
Ramiro began work at Tree of Life 30 years ago. He is a member of
International Plant Propagators Society. He oversees all field operations of
the largest native plant nursery in California.
Entire Staff overview
Every staff member at Tree of Life Nursery is quite expert in their field. The
staff is long-term; most have twenty years or more at the nursery. The high
quality of our services and products can be attributed to our dedicated team
of nursery.professionals.
Total line-itemized bid with comments on quantities available in
current inventory (on hand), and the propagation sources.
Scientific Name Common Quantity Unit Price TOLN TOLN
Name 1 gallon price extended inventory inventory
on-hand on-hand
09/12/11 SOURCE
Artemisia California 1800 2.00 $3,600.00 3300 SJC
californica Sagebrush rose pots
Ambrosia Western 100 3.05 305.00 0 nla
psilostachya Ragweed
Artemisia Mugwort 150 2.59 388.50 2281gal RMV
douglasiana
Artemisia Tarragon 200 2.95 590.00 60 1gal, TOLN stock
dracunculus 500
rooted
cuttings
Artemisia palmeri San Diego 50 2.59 129.50 180 1gal TOLN stock
Sagewort
15
EXHIBIT A
Baccharis Mulefat 1450 2.00 2,900.00 1555 RMV, San
sallcifolia 1gal, Juan Creek
4082
rose pots
Baccharis pilu. Coyote Brush 650 2.00 1,300.00 1039 RMV, San
var. consanguinea 1gal, Clemete
2028
rose pots
Eriogonum Flat Top 1500 2.95 4,425.00 1030 RMV, Dana
fasciculatum Buckwheat 1gal, Point
7718
rose pots
Heteromeles Toyon 50 2.95 147.50 592 1 gal RMV
arbutifolia
Isocoma menziesii Coast 350 2.79 976.50 962 1gal, SJC,
Goldenbush 12114 Doheny
rose pots
Juncus acutus Spiny Rush 40 2.95 118.00 737 1gal TOLN stock
Leymus Giant Wild 100 2.95 295.00 99 1gal, RMV
condensates Rye 2980
plugs
Leymus triticoides Creeping 40 2.95 118.00 65 1gal TOLN stock
Wild Rye
Lotus scoparius Deerweed 200 3.05 610.00 724 1gal, SJC, Prima
2170 Desecha
rose pots
Malosma laurina Laurel Sumac 140 2.95 413.00 745 1gal RMV
Oenothera elata Hooker's 30 2.95 88.50 12 1 gal, SJC
Evening local
Primrose seed
Platanus Western 100 2.95 295.00 7701gal RMV
racemosa Sycamore
Pluchea purpurea Marsh 30 3.15 94.50 58 lgal RMV, San
(odorata) Fleabane Jua Creek
16
M ....-.-..MMM- ,.M. _..... „9.., R .,.4..._va_
Quercus Coast Live 40 3.05 122.00 380 1 gal RMV
agrifolia Oak 20000
supercells
.......,... -------
..,ww..wM,,...,,...., rv..........rv_,�_,...
Rasa californica California Wild 130 2.95 383.50 : 187 1 gal, RMV, San
Rose940 rose .Juan Creek
_ pts
Rufus ursinus California 100 2.95 F 295.00 . 798 1 Tgal RMV, San
Blackberry Juan Creek..__.....
Salix lasiolepis Arroyo Willow 150 : 2.00 300.00 775 1 gal, RMV San
4300 rose Juan Creek
pots
Salix exigua Sndbar Willow 150 2.00 300.00 . 714 1 gal, RMV, San
2500 rose . Juan Creels
wM....,..._,�... pots ------------
Salix Naading Black Willow " 140 2.00 µg 280.00 846 1 gal, v RMV, San
200 rose Juan Creek
w........,.m................ n, ..,. . _,,...E pots
Salvia mellifera Black Sage 1230 ' 2.49 3,062.70 ` 1335 1 gal, SJC, Prima
5664 rose Desecha
_,..,...,.. _ pats
Sambucus ....Mexican ....,..., 5.�,,. .2..95 _.. ,..__..__147.50 y.. W..Ww. . ,...._. �....... ....�..
987 1 gal, RMV
mexicana Elderberry 7342 rose
..__..._......_._...........__............
Sisyrinchium Blue Eyed 30 2.95 88.50 95 1 gal RMV
bellum Grass
.,..... ......,. _ �....,.........
SCAB TOTAL $21,773.20
Sales tax 1,687.42
_...._,_,_
........ ............__,....,. _MM,._,.,...,_ „......
. „,_,.. . ,... _ .�..__ ..._.......... __....e
KEY: RMV=
TOTAL $23,460.62 Rancho
Mission Viejo
___._._._._._.______.___.............._ ; a_�_.,__......,_..:,
TOLN= Tree
of Life
.___.._.._,.....____._W.r...._.......... Nursery
t'7
EXHIBIT A
SJC= San
JuanCapitra
no
rose pots=
225" sq.
propagation
pot
Summary
As part of this proposal Tree of Life invites the City or its agent to make
inspections at nursery site during the bidding period and throughout
the growing period. We are available for interview. We are familiar
and comfortable with the Standard Agreement included in the RFP.
Our insurance coverage currently meets or exceeds all the insurance/
indemnification requirements.
We look forward to working on this project and truly hope to be selected
as the successful Proposer. Of paramount importance is the precise
timing needed for plant production for successful planting. The supporting
documents in this proposal illustrate our many years experience and our
proven track record in jobs like this one. We look forward to answering any
questions from the City or its agent.
Thank you.
Sincerely,
signed electronically ME
Mike Evans
President, Tree of Life Nursery
18
F'J
k -
324
®t)PASC!ASS LA PJ 1 MEMBERS OF THE:CITY COUNCIL
SAN JUAN CAPIS-rR NO,CA 92675 SAMALLEVATO
(949)493-1171 �� �toatu�Aue LAURAFREESE
(949)49-35-4053 FAX EITp1usH O �: 196
LARRY KRAAAIwR
www.§anjuanoapistrana org DEREK REEVE.
® JUNW TAYLOR
TRANSMITTAL
TO:
Tree of Life Nursery
Attn: Mike Evans
PO Box 635
San Juan Capistrano, CA 92693
DATE: December 12, 2011
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
RE: Personal Services Agreement — 2C Ranch/Trabuco Creek Habitat Restoration Project
(CIP 11204)
Thank you for providing documentation confirming compliance with the terms of the agreement
related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please call me at
(949) 443-6310.
If you have questions concerning the agreement, please contact William Ramsey, Principal
Planner at (949) 443-6334.
An original agreement is enclosed for your records.
Cc: William Ramsey, Principal Planner
San .luau C'aI4,wt ano: rese�-vlin the I'ast to Enhance the .f'lazz v
Printed an I%%recycled paper
Christy JAI
From: Christy Jakl
Sent: Friday, December 09, 2011 10:05 AM
To: Bill Ramsey
Cc: Ayako Rauterkus
Subject: RE: PSA for Tree of Life Nursery
Good Morning,
Have you received any insurance documentation from Tree of Lift Nursery?
Thanks!!
Christi JAI
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6310 1 (949)493-1053 fax
From: Bill Ramsey
Sent: Thursday, November 17, 20115:19 PM
To: Christy Jakl
Cc: Ayako Rauterkus
Subject: RE: PSA for Tree of Life Nursery
Thanks Christy: We'll take care of that.
Bill Ramsey, AICP, Principal Planner
Development Services Department
(949)443-63341 x6334
From: Christy Jak)
Sent:Thursday, November 17, 20113:34 PM
To: Bill Ramsey
Cc: Ayako Rauterkus
Subject: PSA for Tree of Life Nursery
Hi Bill,
I've received the PSA for Tree of Life Nursery. Please have them provide all the necessary insurance
documents as outline in the PSA.
Thank you!
Chi-ists? Jskl
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949).443-6310 1 (949)493-1053 fax
1
Christy JAI
From: Christy Jakl
Sent: Thursday, November 17, 20113:34 PM
To: Bill Ramsey
Cc: Ayako Rauterkus
Subject: PSA for Tree of Life Nursery
Hi Bill,
I've received the PSA for Tree of Life Nursery. Please have them provide all the necessary insurance
documents as outline in the PSA.
Thank you!
Christi J akl
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949)443-6310 1 (949) 493-1053 fax
1
Today's Date: 61/151°I Transmittal Routing
(Check All That Apply)
City Attorney
City Manager
City Clerk
CONTRACT TRANSMITTAL
CIP No. (if any): [I tot
Project Manager's Last Name. ROLVA.twj LVol I I J Phone Extension: V;04
Council or CRA Meeting Date (if applicable): M/A
APPROVING AUTHORITY: (Check One)
❑ Mayor
❑ CRA Chair
9 City Manager
Provide (1) executed original contract for each signing party, including the City. If the agreement is to be
recorded—only (1) original will be recorded with certified copies.going to other parties.
Please provide the mailing address of any party to receive an agreement — unless the mailing address is
included within the body of the agreement:
Names Street City St Zi
OTHER INSTRUCTIONS:
OW, *P is a *&4" ts& For PIAKtl {W 6t 2(% I4Aw1fr - 2ettorkfle,
PO jest (C1P(40112b4), Rew srv $,A foram Al Aem +b 16 Cilb 1 ffWtA-dW
Form Date:01-2006 D-7
Christy Jakl
From: Christy Jakl
Sent: Monday, December 12, 2011 3:11 PM
To: Bill Ramsey
Cc: Ayako Rauterkus
Subject: Tree of Life Nursery Agreement
Attachments: Tree of Life Nursery Agreement.pdf
Hello,
Attached is the executed Tree of Life Nursery agreement.
Thanks!!
Uirist? JAI
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6310 1 (949) 493-1053 fax
1