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13-0319_PACIFIC RESTORATION GROUP, INC_Personal Services Agreement PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this jql-� day of March, 2013, by and between the City of San Juan Capistrano(hereinafter referred to as the"City") and Pacific Restoration Group, Inc. (hereinafter referred to as the"Consultant") RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide Phase 3 container planting services for the 2C Ranch-Trabuco Creek Habitat Restoration 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 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, 2013. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed$191,708.65 (one-hundred and ninety-one thousand, seven-hundred and eight dollars and 65 cents)as set forth in Exhibit "A," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 1 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 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 Assignment. 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. 2 Section S. Time of Essence. Time is of the essence in the performance of this Agreement. 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. 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. Section 13. Indemnity. 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, 3 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). 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, Workers'Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. 4 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 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 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. 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 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: 5 To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Clerk's Office To Consultant: Pacific Restoration Group, Inc. John Richards, President PO Box 429 Perris, CA 92572-0429 Section 17. Prevailing Wages. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. Section 18. 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 19. 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 20. 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. [SIGNATURE PAGE FOLLOWS] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY F SAN JUAN CAPISTRANO By: Jaylor, Kn CONS TAN By: Jo n Ric ds, sidant Pa ific Res at' oup, Inc. ATTE Maria M r s, City Clerk APPROVM: HakL orney 7 EXHIBIT A �StOration C� PROPOSAL 3/13/2013 REVISED To: City of San Juan Capistrano Project: 2C Ranchrrrabuco Creek HRP Attn: Bill Ramsey Planting Services Bid Date: 12/17/2012 at 5:30 pm Addm's: none Item Description Unit Qty Unit$ Extension 1 Plant Liner EA 7,150 $ 3.60 $ 25,740.00 2 Plant One Gallon EA 27,479 $ 5.25. $ 144,264.75 3 Plant Five Gallon EA 287 $ 10.85 $ 3,113.95 4 Plant Fifteen Gallon EA 84 $ 24.00 $ 2,016.00 5 Fertilizer Pak EA 35,000 $ 0.30 $ 10,500.00 6 Hand Watering Plants One Time LS 1 $ 6,073.95 $ 6,073.95 Total Bid $ 191,708.65 Conditions: 1. The recently Installed irrigation system will be adapted and utilized to perform the hand watering of the plants after Installation. PRG will restore the irrigation system to its previous condition. 2. The prices do not include site clearing,weed control and/or maintenance. 3. Water to be furnished by the City at no cost to PRG. 4. Above prices are based on State of Calfforla Director of Industrial Relations Craft Landscape/Irrigatlan Laborer/Tender and Landscape Operating Engineer. 5. PRG will be provided space within or near the work areas for material staging and/or and deliveries. 6. City of furnish access to the work areas during normal work hours. 7. The City to fumish and supply plants at no cost to PRG to the project sites. 8. PRG will coordinate plant deliveries with Tree of Life Nursery. 9. PRG will commence work within 15 calendar days of receipt of Notice to Proceed. Contractors license 685511,class.A,B,C27 We are signatory to both the Laborers and Operating Engineers Unions. This proposal Is vold unless accepted within 90 days. Submitted John R herds, Pr Ids B-2012-12-17 2C Ranch-Trabuco Creek Planting 3/13/2013 2:31 PM P.O. Box 429 Perr s Caltfornld 92572-0429 tel 954.940.6069 Fax 951.940.6501 www.prgconst.com INTRODUCTION Pack Restoration Group (PRG)was incorporated in 1993 to provide professional landscape construction services throughout California. PRG was created in response to an increasing need for knowledgeable and cost effective habitat restoration/revegetation contractors in Southern California. Our firm is comprised of two key managers, a support team, accounting and estimating, equipment operators and laborers, superintendents and foremen and all requisite equipment. Our staff is experienced at solving problems pertaining to a diverse range of projects from native restoration to highway landscaping and erosion control. Our background and experience allow us to provide the client with a responsive and interactive commitment to quality. At PRG, our ultimate responsibility is to help create a final product that satisfies the clients' need and the end user. We understand that every restoration project is unique unto itself and that success is not only a reflection of our integrity as a contractor, but the integrity of our client as well. Company Information Pacific Restoration Group, Inc (PRG) is a privately held construction corporation licensed to perform work related to Engineering (A), Building (B), and Landscape (C-27) in the State of California. Our primary work is landscape construction and erosion control with a 90110 split between public work projects and private developers respectively. The erosion control division services the private developer portion as well as public works. We are signatory to the laborers and operating engineer unions. We are members of AGC (Associated General Contractors), SCCA (Southern California Contractors Association), IECA (International Erosion Control Association), SERCAL (Society of Ecological Restoration), and Cal-IPC (California Invasive Plant Council). Executive Summary PRG strives to provide progressive and intelligent solutions to the implementation of construction, erosion control, and habitat restoration projects while emphasizing service to our clients. We bring to each project a team spirit and believe a supportive and interactive relationship between client, other contractors, and consultants is essential to a project's success. PRG's honed response team consists of collaboration between a pro-active management team, a licensed landscape architect, and key personnel in/out of the field. Collectively, PRG has the ability and energy to create a successful project. Our experience and technical competence is apparent in our success of project and client satisfaction of completed projects.We have worked hard to understand the timing and execution of projects. Our management philosophy is to provide the highest efficiency allowable. Page 2 of 11 ORGANIZATION AND KEY PERSONNEL Officers 1 Owners 1 Managers John Richards—President, General Manager, Estimating Responsibility: Estimating, Contracts, Const. Oversight, Administration Capacity: Company Wide Danny Richards -Vice President, Operations Manager, Registered Landscape Architect (4184) Responsibility: Project Management, Change Orders, Const. Oversight Capacity: Company Wide Field Supervisors / Project Administration Guy Gray—Superintendent Responsibility: Crew Oversight, Safety, Quality Control, Inspections Capacity: Multiple Crews, Multiple Projects Jacob Whall— Project Administer/Estimating Responsibility: Estimating, Submittals, Dig Alerts, Material Control, Tracking Progress for Payment, As-Builts, Close-out Documents Capacity: Multiple Projects Foreman Pedro Anaya Southern California Laborers Union Responsibility: Daily Operations on Construction and Maintenance Capacity: Multiple Crews, 3 million dollar contract Agustine Avila Southern California Laborers Union Responsibility: Daily Operations on Construction and Maintenance Capacity: Large crew, 1 million dollar contract Luis Espinoza Southern California Laborers Union Responsibility: Daily Operations on Major Construction and Maintenance Capacity: Multiple Crews, 3 million dollar contract Guadalupe Marin Operating Engineers, Local 12 Union Responsibility: Daily Operations of Erosion Control & Construction, Maintenance Capacity: Multiple Crews, 2 million dollar contract Jose Marin — Foreman Operating Engineers, Local 12 Union Responsibility: Daily Operations of Erosion Control Capacity: Specialty Erosion Crews, 1 million dollar contract Salvador Martinez Southern California Laborers Union Responsibility: Daily Operations of Construction and Maintenance Capacity: Multiple Crews, 2 million dollar contract Salvador Ortiz Southern California Laborers Union Responsibility: Daily Operations of Maintenance & Specialty Construction Capacity: Single Maintenance Crew, Multiple Projects Page 3 of 11 PAST PROJECTS Client: Orange County Transportation Agency Prime: Granite Meyers Rados, Joint Venture Project: Route 22 Design/ Build Widening Location: Various Cites— Orange County over 13.5 miles Contract: $9,962,878 Construction with 3 year maintenance Contact: Granite Construction -David Smith at david.smith@gcinc.com Caltrans Oversight— Eric Dickson (RLA) Senior Landscape Architect(949) 724-2814 Description: Review Agency documents,Assist in Design Review and Construct Ability, Job Costing to Budget, Installation of 13 miles of irrigation and landscaping in each direction (26 miles), and three years maintenance. Initial work included transplanting over hundred mature palm trees Area: 136 Acres Status: Completed—Feb 2008 with Maintenance until Mar 2011 Client: Caltrans, District 11 San Diego Project: Route 15, 76, 78 Emergency Fire Erosion Control Location: Fire impacted areas in San Diego County Contract: $3,989,000.00 Contact: Chuck Deyoe (RLA), District 11 Caltrans Senior Landscape Architect(858) 467-4091 Description: After 2007 wildfires, PRG was selected to provide erosion control of burned area. Our selection was based on our outstanding relationship and rapport with Caltrans. Caltrans District 11 received an award for this work due to their foresight and rapid response. We installed 220,000 LF (42 miles) of fiber rolls, 666 acres of native seed and hydromulch, trimmed dead trees, and cleared sediment from basins, and traffic control with full closures. Area: 660 Acres Status: Completed —August 2008 Client: Caltrans, District 11 San Diego Prime: SKANSKA USA CIVIL WEST Project: Route 5, 56, 805 Interchange,#11-0301 U4 Location: Del Mar, San Diego, CA Contract: $3,188,841.00 Contact: Brandon Liesemeyer, Project Manager, SKANSKA(619) 671- 7709 Description: Installation of 140 acres of irrigation, planting, and hydroseeding in conjunction with the construction of interchange brldges, ramps, and lane widening. Initial work include transplanting Torrey Pines and wetland mitigation. Area: 140 Acres Status: Completed August 2008 Page 4 of 11 PAST PROJECTS (Continued) Client: Riverside County Transportation Agency Prime Contractor: SEMA Construction Project: Route 60 OHV Widening, Dist 08 Caltrans Location: Moreno Valley, CA Contract: $1,585,293.00 Contact: Azzam Saad, P.E., Esq. (949) 470-0500 Description: Installation of Irrigation and planting to new planting areas due to widening of Route 60. The work included multiple phases and coordination with many soundwalls over a 4.7 mile area. The existing planting was under our contract to maintain and incorporate Into the new planting and irrigation, bioswales, and erosion control. Area: 58 Acres Status: Completed June 2006 Client: Caltrans, District 05 Project: Route 101 Landscape Improvements Location: Paso Robles, CA Contract: $2,428,175 Contact: Tim Richards, Resident Engineer(805) 542-4765 Description: The highway planting improvements include removal and eradication of invasive species, installation of new slope paving at Route 46 interchange to Route 101, AC paving of gore areas, irrigation and planting the remaining 22 acres and three years plant establishment. Area: 22 Acres Status: Completed April 2010 Client: San Diego Cemetery Association Project: Cypress View Mausoleum Improvements Location: San Diego, CA Contract: $437,323.55 Contact: Mike Green, ASLA, Clark & Green Associates (714)434-9803 Description: Improvements include demolition of existing, grading, concrete improvements within public rights of way, storm drain improvements, installation of 616 double stack crypts, fencing, irrigation and planting. Area: 2 Acres Status: Completed March 2010 Page 5 of 11 PAST PROJECTS (continued) Client: SCI Project: Eternal Hills Memorial Park Mitigation Location: Oceanside, CA Contract: $740,000.00 Contact: Bob Clark, ASLA, Clark& Green Associates (714) 434-9803 Description: The mitigation around and with the cemetery open space included the clearing of 28 acres of non-native weeds, installation of irrigation, planting native contract grown plants, and seeding, erosion control BMPs, and maintenance for 5 years. Area: 28 Acres + oversight of 20 additional acres Status: Construction completed January 2009, Maintenance period five years to 2014. Client: Caltrans District 5 Project: Route 150 Native Restoration Location: Carpenteria, CA Contract: $218,000 Contact: Curtis Johnson, Resident Engineer(805) 748-5218 Description: The Caltrans contract included a storm water pollution prevention plan (SWPPP), temporary irrigation system, clearing of exotics along a blue line stream, planting native Oak woodland habitat and maintenance for three years. Status: Construction completed Jan 2007, 3 year Maintenance in progress to 2010 Client: Caltrans, District 11 San Diego Project: Route 5, Del Mar Restoration#11-065104 Location: San Dieguito River/Route 5 Contract: $690,000 Contact: Chuck Deyoe, Senior Resident Engineer(858) 467-4091 Description: 11 Acre Habitat (CSS &Wetland) and 5 Year Maintenance Status: Construction Completed, Maintenance in Progress—Oct 2004 to Jan 2010 Fish & Game accepted a 1 '/2 years early Jan 2009. Client: Caltrans District 5 Project: Route 101 Native Tree Planting Location: San Luis Obispo, CA Contract: $563,000 Contact: Tim Richards, Resident Engineer(805) 542-4765 Description: The Caltrans contract included a water pollution control plan (WPCP), temporary irrigation system, clearing of weeds, planting of native tree species along 20 miles of Route 101 and Maintenance. Status: Completed 2007 Page 6 of 11 PAST PROJECTS (Continued) Client: Santa Margarita Water District Project: Talega--Southern Needle Grass Habitat Location: San Clemente (Talega) Contract: $501,000 Contact: Bart Lantz (949)459-6504 Description: Installation of Southern Needle Grass (, Irrigation, Hydroseeding, Erosion Control and Maintenance for 5 years. Status: Completed 2007— Fish & Game accepted 1 year early (original completion date Sept 2008) Client: Santa Margarita Water District Project: Ladera Ranch Zone N Reservoir Location: Ladera, CA Contract: $552,000 Contact: Bart Lantz(949) 459-6504 Description: Installation of 13.8 Acres and enhancement of Coastal Sage Scrub and Maintenance for 5 years. Status: Completed May 2008 with Agency sign-off on-time. Client: Caltrans District 7 Project: Route 5 Riparian Habitat Prime: MCM Constructors Location: Santa Clarita, CA Contract: $146,000 Contact: MCM Constructors Description: The Caltrans contract included a temporary irrigation system, planting 10,000 container plants and cuttings over 3 acres and maintenance. Status: Completed 2007 Client: Caltrans District 9 Project: Route 395 Conway Summit Habitat and Erosion Test Plot Location: Conway Summit (between Bridgeport and Lee Vining), CA Contract: $507,000 Contact: Steve Miller, Resident Engineer(Dist 09 Office) Description: The Caltrans contract included contract growing native plants, installation of several erosion control methods, planting 6,140 plants, hydroseeding, watering and maintenance for two years. Status: Completed 2006 Page 7 of 11 JUAN CITY OF SAN JUAN CAPISTRANO BID RECAP REPORT Date: 3114113 From: William A. Ramsey, AICP, Assistant Development Services Director Service or Product Requested O Informal Quotes (x) Informal Bid O Formal Bid ( ) Sole Source Bids/proposals were solicited from available, qualified firms for the above referenced project. The following firm(s) were/was considered: 1. Nature Image 2. Nakae and Associates, Inc. 3. Pack Restoration Group, Inc. 4. Ed Stewart &Associates, Inc. (withdrew from consideration) After evaluating the bids/proposals submitted, it is our recommendation that the contract be awarded to Pack Restoration Groua, Inc. in an amount, not to exceed $ 1191,708.65. This vendor was selected because they have extensive habitat restoration project experience, passed a reference check, exceeded the project requirements, and proposed the lowest cost. If bids were not received, document what steps were taken to obtain quotes, any vendors contacted that declined to bid, and if applicable why it is not practical to receive three quotes. N/A If Sole Source purchase or contract, provide detailed justification for this selection: N/A If applicable, date approved by City Council: 3/19/2013 PAST PROJECTS (Continued) Client: Santa Margarita Water District Project: Talega—Southern Needle Grass Habitat Location: San Clemente (Talega) Contract: $501,000 Contact: Bart Lantz(949) 459-6604 Description: Installation of Southern Needle Grass (, Irrigation, Hydroseeding, Erosion Control and Maintenance for 5 years. Status: Completed 2007—Fish & Game accepted 1 year early(original completion date Sept 2008) Client: Santa Margarita Water District Project: Ladera Ranch Zone II Reservoir Location: Ladera, CA Contract: $552,000 Contact: Bart Lantz (949) 459-6504 Description: Installation of 13.8 Acres and enhancement of Coastal Sage Scrub and Maintenance for 5 years. Status: Completed May 2008 with Agency sign-off on-time. Client: Caltrans District 7 Project: Route 5 Riparian Habitat Prime: MCM Constructors Location: Santa Clarita, CA Contract: $146,000 Contact: MCM Constructors Description: The Caltrans contract included a temporary irrigation system, planting 10,000 container plants and cuttings over 3 acres and maintenance. Status: Completed 2007 Client: Caltrans District 9 Project: Route 395 Conway Summit Habitat and Erosion Test Plot Location: Conway Summit(between Bridgeport and Lee Vining), CA Contract: $507,000 Contact: Steve Miller, Resident Engineer(Dist 09 Office) Description: The Caltrans contract included contract growing native plants, installation of several erosion control methods, planting 6,140 Plants, hydroseeding, watering and maintenance for two years. Status: Completed 2006 Page 7 of 11 i PAST PROJECTS (Continued) Client: Caltrans District 7 Project: Route 5 Habitat Restoration Prime: Skanska Location: Templin, CA Contract: $629,000 Contact: Skanska Civil West, Riverside CA Description: The Caltrans contract included designing a temporary irrigation system, contract grow of 11,000 container plants, planting, hydroseeding 51 acres, and maintenance for one year. Status: Completed 2008 Client: City of Newport Beach Project: Castaways Park Restoration Location: Newport Beach, CA Contract: $268,000 Contact: Randy Kearns, (949) 644-3082 Description: 12 Acre restoration of CSS Habitat and Establishment of 3/Acre of Carex pansa, Maintenance for 1 year. Grant project to City for Nature Conservancy and Coastal Commission. Status: Completed - March 2006 Client: Sukut Construction, Inc. Project: Prima Dechescha Landfill, Zone 1, Phase B Location: Various described above, Orange County, LA County Contract: $580,000 Contact: Joe Philbin (714) 540-5351 Description: 25 Acre Coastal Sage Scrub, Willow Woodland, & Marsh Habitat Restoration and Maintenance. The work involved designing an irrigation system and plant mosaics consistent with the permit documents and to meet agency approval. Status: Completed Spring 2004— Fall 2002 to Spring 2004 Client: Taylor Woodrow Project: Santa Luz Native Grassland Hydroseeding Location: Near Rt56, San Diego County Contract: $1,300,000 Contact: NIA Description: Hydroseeding 450 acres native grassland on developed slopes. Status: Completed-- Fall 2000 to Spring 2002 Page 8 of 11 PAST PROJECTS (Continued) Client: Lennar Homes Project: Coto de Caza, CSS Mitigation & Maintenance Location: Orange County at Coto de Caza Contract: $238,000 Contact: Bob Clark (714)434-9803 Description: Construction of CSS habitat for 24 Acres: includes invasive weed eradication, discing, seeding, erosion control, planting, and 5 years of maintenance plus additional maintenance at extra work. Status: Completed with Agency sign-off February 2004 Client: Lennar Homes Project: Coto de Caza, CSS Mitigation & Maintenance Location: Orange County at Coto de Caza Contract: $112,000 Contact: Bob Clark (714)434-9803 Description: Construction of CSS habitat for 12 Acres: includes invasive weed eradication, discing, seeding, erosion control, planting, and 5 years of maintenance plus additional maintenance at extra work. Status: Completed with Agency sign-off February 2004 Client: Lennar Homes Project: Coto de Caza, CSS Maintenance Location: Orange County at Coto de Caza Contract: $46,000 Contact: Bob Clark (714) 434-9803 Description: Maintenance of coastal sage scrub habitat for 20 Acres. The project work includes weed eradication, weeding, over seeding, erosion control. Status: Completed—June 2000 to June 2005 Client: San Diego County Project: Harbison Canyon Fire Erosion Control Location: Route 8 near Alpine, CA Contract: $108,000 Contact: Cid Tesoro, San Diego County Public Works Description: We applied erosion control material (hydraulic mulch and tackifier) to remote areas. The project required the stabilization of 80 acres in a very short period. We mobilized three hydroseeders (3300 gallon) and two water trucks to treat the area in eight (8) short days. Many pictures of our three hydroseeder(green) have been featured in Page 9 of 11 PAST PROJECTS (Continued) Client: County of Orange Project: Talbert Nature Preserve Habitat Restoration Location: West of Victoria Avenue and Santa Ana River, Costa Mesa, CA Contract: Contract Change Order $1 ,099,269.33 Contact: Rory Paster, Orange County Public Works (714) 834-3739 Description: Restoration of temporary impacts to riparian vegetation, eradication of exotic plant species, preparing surfaces strata of soil for planting, soil preparation, installation of straw wattles, irrigation and planting installation, 90 day plant establishment, and additional 270 day plant establishment and maintenance period. Status: Completed April 2011 Client: County of Riverside Flood Control Project: Gavilan Hills Habitat Mitigation Location: East end of Smith Road, off Cajalco Rd, Riverside, CA Contract: Contract Change Order $481,113.97 Contact: Kris Flanigan, Environmental Regulatory Services (951) 955- 8581 Description: Restoration of coastal sage scrub and riparian vegetation, site grading, eradication of exotic plant species, soil preparation, erosion control measures, irrigation and planting installation, and one year plant establishment. Plant maintenance extended an additional three years by contract change order. Status: Completed April 2010 (construction and first year of maintenance). Currently in second year of extended maintenance. Page 11 of 11 UAN CITY OF SAN JUAN CAPISTRANO BID RECAP REPORT 1776 •�CJFpR��� Date: 3/14/13 From: William A. Ramsey, AICP, Assistant Development Services Director Service or Product Requested ( ) Informal Quotes (x) Informal Bid ( ) Formal Bid ( ) Sole Source Bids/proposals were solicited from available, qualified firms for the above referenced project. The following firm(s) weretwas considered: 1 . Nature Image 2. Nakae and Associates, Inc. 3. Pacific Restoration Group, Inc. 4. Ed Stewart & Associates, Inc. (withdrew from consideration) After evaluating the bids/proposals submitted, it is our recommendation that the contract be awarded to Pacific Restoration Group, Inc. in an amount, not to exceed $ $191,708.65. This vendor was selected because they have extensive habitat restoration project experience, passed a reference check, exceeded the project requirements, and proposed the lowest cost. If bids were not received, document what steps were taken to obtain quotes, any vendors contacted that declined to bid, and if applicable why it is not practical to receive three quotes. N/A If Sole Source purchase or contract, provide detailed justification for this selection: N/A If applicable, date approved by City Council: 3/19/2013 City of San Juan Capistrano NAMES AND ADDRESSES OF VENDORS CONTACTED Vendor No. A Pacific Restoration Group,Inc. PURCHASE REQUISITION PO Box 429 Perris,CA 92572-0429 see below B Fund DeptJDiv Object Project Cost Center C Funds Available Purchase Order# Delivery 32400 Paseo Adelanto Address San Juan Capistrano CA 92675 A B C FQtylUnit Descri tion Unit Price Total Unit Price Total Unit Price Total Phase 3 Planting Services for 2C Ranch Trabuco Creek Habitat Restoration Project 1 50-62199-62501-11204000 1 $142,412.14 1$142,412.14 1 50-62199-62501-11205-000 $5,447.39 $5,447.39 1 50-62199-62501-11206-000 $0.00 $0.00 1 50-62199-62501-13201-000 $43,819.12 $43,819.12 SJC Contact(and phone ext.): Bill—Ramsgy x6334 Subtotal 191,678.65 0.00 0.00 Sales Tax 0.00% 0.00 0.00 $ 0.00 Shipping 0.00 0.00 $ 0.00 Totall $ 191678.65 0.00 $ 0.00 e........._ ubmi Date: Date:: Date: Department Head: . v / � Ayako Rauterkus From: Derek Ostensen <derekostensen@me.com> Sent: Thursday, March 14, 2013 1:58 PM To: Ayako Rauterkus Subject: Re: Invoices and Accounting Importance: High Hi Ayako, Here you'go. Thanks! Derek OCTA - $142,412.14 Caltrans - $5,477.39 HCF 2009 - $0.00 HCF 2010 - $437819.12 On Mar 14, 2013, at 8:24 AM, Ayako Rauterkus wrote: Hi Derek: I do not believe you provided me the Planting Contract allocation with PRG. I need to prepare a Purchase Requisition. I think you responded me with other contract allocation questions, such as OCCC, TOL PO's. Please let me know the allocation. The contract amount is $191,708.65. Thanks, Ayako Rauterkus Development Services Dept. 949.443.6325 -----Original Message----- From: Derek Ostensen [mailto:derekostensen@me.coml Sent: Monday, March 11, 2013 7:16 AM To: Ayako Rauterkus Subject: Invoices and Accounting Hi Ayako, Now that Bill and I have discussed the planting contract, I will send you allocations today. I will also provide an invoice for the water bill to Caltrans acct and Hydroscape invoice grant info. 1 luno CITY OF SAN JUAN CAPISTRANO DOCUMENT TRANSMITTAL FORM This form is for the transmittal of documents for signature. t;.il/FDRy�t' (e.g. Agreements, Contracts, Deeds, Easements) Date: ov+rrzola Agenda Item No. (if Applicable):pa City Council, SJCHA or SACRA Meeting Date (ire applicable): WIM013 Brief description of document and/or services provided: Personalsw mAp ma PmiacRatomum O=P.Inc.for Planing Services for 2C Ranv Mrnirw Creek Habitat Ratorti on Project(CIP no.1120WI12o5111206113201) Submitting Department: �op"ntsemas Staff Contact: Bin Furniture Please sign each original of the attached document, where indicated and circulate in the below route order as applicable (Please note the procurement limitations below). When the document is fully executed, the City Clerk will provide a signed copy to the submitting department and to the Financial Services Department (when applicable), and will mail a signed original to the contractor/consultant. Stepl Purchasing- For Procurement Contracts/Agreements (if applicable) For less -(Department Heads Authority'-No Pumhnse Order Required-STOP-fimher routing nmveansao) - SI0,000 -(Deparnnent oeadaAmhonty91 - $45,000 -(City Managers Authority) 1 or over-(Cdy CouncilApproval Required•) spam of Council Approval', or Resolution.No.Contacts $45,000 or less -(CiyM agersAmhantyRequired) Contracts over $45,000 -(CifiCounci/'s Authonty Required`) *Dow of Council Approval orion. No.. Step 2 ❑ Department Head Step 4 ❑O Finance = Approved Funding Available Not Approved / Fund' ' Not Applicable 'I(jR'AfW{ Director's Initials/Date k" Financefilitials/DapelfflM1 Step3 M City Attorney (*rA& aWWf4 Vaf-sail. '''',An n ED �4t. Step 5 ❑ City Manager Approved IS�NMI S h (] Not Approved 19/13' =Approved = Not Applicable =Denied City Anomcy's Initials/ at City Manager's Initial's/Date: Step 6 X Insurance Requirements (if applicable) 'Mark the requirements included in the attached document. Commercial/General Liability =Additional Insured Endorsement =Auto Liability =Workers Compensation =Professional/Errors and Omissions Q Not Applicable =Public Works Contracts -Labor/Material & Performance Bonds Steil K City Clerk (For Final Routing) F Process Completed-Copy of Contract Transmittal Form with documents forwarded to FS Department or inating department as appropriate. Rammed to submitting department. Please provide the following and from to the City Clerk's Office: itial's/Date: Page I oft I. Contractor/Consultant Name: Pacific Restoration Group, Inc. 2. Business License*: M Yes ❑ No License Number: 71920 Date of Expiration 12/31/13 *If work is performed in the City, a Business License is required. 3.. Contract Amount: $ 109,708.65 I 4. Budget Account Number: °,IO4Agq-64%1 - II1At'I II'tz�j IttA6�l9fwi f'ovil 5. City Services and Facilities to be provided (If Applicable): N/A 6. Is this a standard City contract? AN Yes ❑ No If no, explain: 7. Are two original contracts submitted? M Yes ❑ No If no, explain: 8. Contract Date: 03/19/13 Expiration Date: 03130/13 9. Insurance Certificate (ifopplicable) attached: ❑ Yes ❑ No If no, explain: PRG has a current contract with the City. Insurance docs are on file 10. Purchase (f applicable) Requisition attached: M Yes ❑ No If no, explain: 11. Bid Recap (ijapplicable) attached: 0 Yes ❑ No If no, explain: 12. W-9 Form (f applicable) attached: ❑ Yes W No if no, explain: already In file. l3. New Vendor Application Form (ijapplicable) attached: ❑ Yes No If no, explain: PRG is not a new vendor. 14. Does this document need to be recorded? ❑ Yes No If Yes, please provide only one original copy. The Financial Services Department will issue a Purchase Order (PO) to the submitting department, once all of the information on this Contract Transmittal Form has been received by finance through the City Clerk's Office. Page 2 of 2 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of March, 2013, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Pacific Restoration Group, Inc. (hereinafter referred to as the "Consultant") RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide Phase 3 container planting services for the 2C Ranch-Trabuco Creek Habitat Restoration 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 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, 2013. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $209,247.65 (two-hundred and nine thousand, two-hundred and forty-seven dollars and 65 cents) as set forth in Exhibit "A," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 1 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of March, 2013, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Pacific Restoration Group, Inc. (hereinafter referred to as the "Consultant") RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide Phase 3 container planting services for the 2C Ranch-Trabuco Creek Habitat Restoration 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 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, 2013. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $209,247.65 (two-hundred and nine thousand, two-hundred and forty-seven dollars and 65 cents) as set forth in Exhibit "A," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on- total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 1 �Mldfii/j 32400 PASEO ADELANTO �i� � MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAM ALLEVAM (949)493.1171 uunuttl (949)4931053 FAx • l 1961 ROY L.BYRNE M.D. umusw CRY KRAMR� wxnvsanjuancapistrano.org 1776 � DEREK REEVE � JOHN TAYLOR TRANSMITTAL TO: Pacific Restoration Group, Inc. Attn: John Richards, President P.O. Box 429 Perris, CA 92572 DATE: March.26, 2013 FROM: Manny Ruelas, Office Assistant (949) 443-6308 RE: Personal Services Agreement — Provide Phase 3 container planting services for the 2C Ranch-Trabuco Creek Habitat Restoration Project. Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Enclosed is an original Personal Services Agreement to Provide Phase 3 container planting services for the 2C Ranch-Trabuco Creek Habitat Restoration Project. If you have questions concerning the agreement, please contact Bill Ramsey, Assistant Director of Development Services at (949) 443-6334. Cc: Bill Ramsey, Assistant Director of Development Services; Ayako Rauterkus, Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future C, Printed an 100%recycled paper 3/19/2013 T9 6 City of San Juan Capistrano Agend rt TO: Karen P. Brust, City \0an ! FROM: Grant Taylor, Developme Services DirectorA r Prepared by: William A. Ramsey, AICP, Assistant Development PW Services Director DATE: March 19, 2013 SUBJECT: Consideration of a Personal Services Agreement for the Installation of California Native Plants for the 2C Ranch-Trabuco Creek Habitat Restoration Project (CIP 11204, 11205, 11206 and 13201)(Pacific Restoration Group, Inc.) RECOMMENDATION: By motion; approve a Personal Services Agreement with Pacific Restoration Group, Inc. for the installation of California native plants for the 2C Ranch/Trabuco Creek Habitat Restoration Plan not to exceed $191 ,706.65 (to be fully funded with Orange County Transportation Authority (OCTA) Environmental Mitigation Program (EMP) Grant funds, Caltrans Cooperative Agreement funds, and California Habitat Conservation Fund (HCF) Grant funds). EXECUTIVE SUMMARY: The City has previously entered into a contract with the Orange County Transportation Authority (OCTA) for the implementation of the 2C Ranch-Trabuco Creek Habitat Restoration Project. The 2C Ranch-Trabuco Creek Habitat Conservation phasing plan now calls for planting and hydro-seeding over the next several months to allow plants to get well established during cooler seasonal temperatures. Staff recommends City Council approve a Personal Services Agreement with Pacific Restoration Group, Inc. for planting of the 2C Ranch-Trabuco Creek Habitat Restoration project consistent with the approved grant contract with the Orange County Transportation Authority as part of its M2 Environmental Mitigation Program (EMP) (Attachment 1). DISCUSSION/ANA LYSIS: On September 27, 2010, the Board of Directors of the Orange County Transportation Authority (OCTA) awarded the City a $1 ,500,000 Measure M2 Habitat Restoration Grant to fund implementation of the 2C Ranch-Trabuco Creek Habitat Restoration Plan. The project encompasses roughly 40 acres of upland habitat on the City's 2C Ranch City Council Agenda Report March 19, 2013 Page 2 of 3 (former Shea property) and 14 acres along portions of Trabuco Creek. The City Council subsequently authorized execution of the $1,500,000 M2 Environmental Mitigation Program (EMP) grant contract with OCTA for the 2C Ranch/Trabuco Creek Habitat Restoration Project. The City began implementation of the 2C Ranch-Trabuco Creek Habitat Restoration Project in January 2011 and is now beginning the third year of the five-year project. During these first two years, the City has completed the eradication of invasive plants through several "grow-kill cycles", completed planting along the Trabuco Creek corridor of the first phase of California native plants, has installed temporary irrigation, and is presently installing the irrigation pump and irrigation system within the upland habitat area on 2C Ranch. The City published a Request for Proposals (RFP) soliciting proposals for the installation of California native plants (Attachment 2). The City initially received four proposals, but one company subsequently withdrew their bid. All proposals met or exceeded the minimum specifications established by the RFP with respect to background, experience, and scheduling (Attachments 3, 4, and 5): Firm Cost Natures Image $2559636.70 Nakae and Associates, Inc. $2999975.33 Pacific Restoration Group, Inc. $191,708.65 Staff have evaluated these three proposals and have determined that the proposal submitted by Pacific Restoration Group, Inc. meets all the requirements of the Request for Proposals (RFP) and is the most cost-competitive proposal. FISCAL IMPACT: These purchases will be funded using grant awards that the City has secured and will require no expenditure of City funds. Project funding is being provided by an OCTA $1 ,500,000 Environmental Mitigation Program (EMP) grant, a $150,000 Cooperative Agreement with Caltrans, a $100,000 California 2009 Habitat Conservation Fund (HCF) grant, and a $99,925 California 2010 HCF grant. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: • On September 21, 2010, the City Council approved a Cooperative Agreement with Caltrans to restore 1.264 acres of riparian habitat along Trabuco Creek with Caltrans providing $150,000 in funding. City Council Agenda Report March 19, 2013 Page 3of3 • On December 2, 2010, the City Manager executed a Grant Contract with the State of California for a $100,000, Year 2009 Habitat Conservation Fund (HCF) Grant for the restoration of 7.37 acres of riparian habitat along Trabuco Creek. • On February 1 , 2011, the City Council authorized execution of the $1,500,000 M2 Environmental Mitigation Program (EMP) Grant Contract with OCTA for the 54-acre 2C Ranch-Trabuco Creek Habitat Restoration Project. • On September 21, 2011, the City Manager executed a City Council-approved Grant Contract with the State of California for a $99,925, Year 2010, Habitat Conservation Fund (HCF) Grant for the restoration of 5.0 acres of riparian habitat along Trabuco Creek. • On November 13, 2012, the City Council approved the purchase of California native plants for the project from Tree of Life Nursery for $87,976.10 and approved the purchase of California native seeds from S&S Seed for $55,858.91 to be fully funded with grant funds. • The City Council or City Manager, as appropriate, have previously approved various contracts including a 5-year, $148,000 contract with Derek Ostensen & Associates for field management of the restoration project; a $119,990 contract with Orange County Conservation Corps (OCCC) for planting and the installation of the temporary irrigation system; an $18,090 contract with Dudek & Associates for design of the temporary irrigation system; a $107,528 contract with Hydroscape for irrigation system supplies; a $95,130 contract with Dudek & Associates for biological monitoring; a $21 ,363 contract with Green Product Sales for the irrigation pump; and a $23,460 contract with Tree of Life Nursery for the purchase of first planting phase California native plants. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Natures Image Nakae and Associates, Inc. Pacific Restoration Group, Inc. ATTACHMENTS: Attachment 1 - Personal Services Agreement Attachment 2 - Request for Proposals (RFP) for 2C Ranch-Trabuco Creek Habitat Restoration Project 2013 Plant Installation Attachment 3 - Natures Image Attachment 4 - Nakae & Associates PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of January, 2013, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Pacific Restoration Group, Inc. (hereinafter referred to as the "Consultant") RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide Phase 3 container planting services for the 2C Ranch-Trabuco Creek Habitat Restoration 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 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, 2013. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $191,708.65 (one-hundred and ninety-one thousand, seven-hundred and eight dollars and 65 cents) as set forth in Exhibit "A," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. ATTACHMENT 1 1 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 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 6. Limitations Upon Subcontracting and Assignment. 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. 2 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). 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, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. 4 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 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 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. 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 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: 5 To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Clerk's Office To Consultant: Pacific Restoration Group, Inc. John Richards, President PO Box 429 Perris, CA 92572-0429 Section 17. Prevailing Wages. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. Section 18. 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 19. 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 20. Entire Aareement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: John Taylor, Mayor CONSULTANT By: John Richards, President Pacific Restoration Group, Inc. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Hans Van Ligten, City Attorney 7 c�zt0rdtlon Gtp4 PROPOSAL 3/132013 REVISED To: City of San Juan Capistrano Project: 2C Ranch/Trabuco Creek HRP Attn: BIII Ramsey Planting Services Bid Date: 12/172012 at 5:30 pm Addm's: none Item Description Unit City Unit$ Extension 1 Plant Liner EA 7,150 $ 3.60 $ 25,740.00 2 Plant One Gallon EA 27,479 $ 5.25 $ 144,284.75 3 Plant Five Gallon EA 287 $ 10.85 $ 3,113.95 4 Plant Fifteen Gallon EA 84 $ 24.00 $ 2,016.00 5 Fertilizer Pak EA 35,000 $ 0.30 $ 10,500.00 6 Hand Watering Plants One Time LS 1 $ 6,073.95 $ 6,073.95 Total Bid $ 191,708.65 Conditions: 1. The recently installed irrigation system will be adapted and utilized to perform the hand watering of the plants after installation. PRG will restore the irrigation system to its previous condition. 2. The prices do not include site clearing,weed control and/or maintenance. 3. Water to be furnished by the City at no cost to PRG. 4. Above prices are based on State of Califoria Director of Industrial Relations Craft Landscape/Irdgatlon Laborer/Tender and Landscape Operating Engineer. 5. PRG will be provided space within or near the work areas for material staging and/or and deliveries. 6. City of furnish access to the work areas during normal work hours. 7. The City to furnish and supply plants at no cost to PRG to the project sites. 8. PRG will coordinate plant deliveries with Tree of Life Nursery. 9. PRG will commence work within 15 calendar days of receipt of Notice to Proceed. Contractors license 685511,class.A,B,C27 We are signatory to both the Laborers and Operating Engineers Unions. This proposal is void unless accepted within 90 days. Submitted John R' herds,Pr itle B-2012-12-17 2C Ranch-Trabuco Creek Planting 3/13/20132:31 PM P.O. Box 429 Perris California 92572-0429 tel 951.940.6069 Fax 951.940.6501 www.prgwnst..m INTRODUCTION Pacific Restoration Group (PRG)was incorporated In 1993 to provide professional landscape construction services throughout California. PRG was created in response to an Increasing need for knowledgeable and cost effective habitat restoration/revegetation contractors in Southern California. Our firm is comprised of two key managers, a support team, accounting and estimating, equipment operators and laborers, superintendents and foremen and all requisite equipment. Our staff is experienced at solving problems pertaining to a diverse range of projects from native restoration to highway landscaping and erosion control. Our background and experience allow us to provide the client with a responsive and interactive commitment to quality. At PRG, our ultimate responsibility is to help create a final product that satisfies the clients' need and the end user. We understand that every restoration project is unique unto itself and that success is not only a reflection of our integrity as a contractor, but the integrity of our client as well. Company Information Pacific Restoration Group, Inc(PRG) is a privately held construction corporation licensed to perform work related to Engineering (A), Building (B), and Landscape (C-27) in the State of California. Our primary work is landscape construction and erosion control with a 90110 split between public work projects and private developers respectively. The erosion control division services the private developer portion as well as public works.We are signatory to the laborers and operating engineer unions. We are members of AGC (Associated General Contractors), SCCA (Southern California Contractors Association), IECA (international Erosion Control Association), SERCAL (Society of Ecological Restoration), and Cal-IPC (California Invasive Plant Council). Executive Summary PRG strives to provide progressive and intelligent solutions to the implementation of construction, erosion control, and habitat restoration projects while emphasizing service to our clients. We bring to each project a team spirit and believe a supportive and interactive relationship between client, other contractors, and consultants is essential to a project's success. PRG's honed response team consists of collaboration between a pro-active management team, a licensed landscape architect, and key personnel in/out of the field. Collectively, PRG has the ability and energy to create a successful project. Our experience and technical competence is apparent in our success of project and client satisfaction of completed projects. We have worked hard to understand the timing and execution of projects. Our management philosophy is to provide the highest efficiency allowable. Page 2 of 11 ORGANIZATION AND KEY PERSONNEL Officers /Owners /Managers John Richards—President, General Manager, Estimating Responsibility: Estimating, Contracts, Const. Oversight, Administration Capacity: Company Wide Danny Richards -Vice President, Operations Manager, Registered Landscape Architect (4184) Responsibility: Project Management, Change Orders, Const. Oversight Capacity: Company Wide Field Supervisors / Project Administration Guy Gray—Superintendent Responsibility: Crew Oversight, Safety, Quality Control, Inspections Capacity: Multiple Crews, Multiple Projects Jacob Whall— Project Administer/Estimating Responsibility: Estimating, Submittals, Dig Alerts, Material Control, Tracking Progress for Payment, As-Builts, Close-out Documents Capacity: Multiple Projects Foreman Pedro Anaya Southern California Laborers Union Responsibility: Daily Operations on Construction and Maintenance Capacity: Multiple Crews, 3 million dollar contract Agustine Avila Southern California Laborers Union Responsibility: Daily Operations on Construction and Maintenance Capacity: Large crew, 1 million dollar contract Luis Espinoza Southern California Laborers Union Responsibility: Daily Operations on Major Construction and Maintenance Capacity: Multiple Crews, 3 million dollar contract Guadalupe Marin Operating Engineers, Local 12 Union Responsibility: Daily Operations of Erosion Control & Construction, Maintenance Capacity: Multiple Crews, 2 million dollar contract Jose Marin—Foreman Operating Engineers, Local 12 Union Responsibility: Daily Operations of Erosion Control Capacity: Specialty Erosion Crews, 1 million dollar contract Salvador Martinez Southern California Laborers Union Responsibility: Daily Operations of Construction and Maintenance Capacity: Multiple Crews, 2 million dollar contract Salvador Ortiz Southern California Laborers Union Responsibility: Daily Operations of Maintenance & Specialty Construction Capacity: Single Maintenance Crew, Multiple Projects Page 3 of 11 PAST PROJECTS Client: Orange County Transportation Agency Prime: Granite Meyers Rados, Joint Venture Project: Route 22 Design/ Build Widening Location: Various Cites—Orange County over 13.5 miles Contract: $9,962,878 Construction with 3 year maintenance Contact: Granite Construction-David Smith at david.smith@gcinc.com Caltrans Oversight— Eric Dickson (RLA) Senior Landscape Architect(949) 724-2814 Description: Review Agency documents,Assist in Design Review and Construct Ability, Job Costing to Budget, Installation of 13 miles of irrigation and landscaping in each direction (26 miles), and three years maintenance. Initial work included transplanting over hundred mature palm trees Area: 136 Acres Status: Completed— Feb 2008 with Maintenance until Mar 2011 Client: Caltrans, District 11 San Diego Project: Route 15, 76, 78 Emergency Fire Erosion Control Location: Fire impacted areas in San Diego County Contract: $3,989,000.00 Contact: Chuck Deyoe (RLA), District 11 Caltrans Senior Landscape Architect(858)467-4091 Description: After 2007 wildfires, PRG was selected to provide erosion control of burned area. Our selection was based on our outstanding relationship and rapport with Caltrans. Caltrans District 11 received an award for this work due to their foresight and rapid response. We installed 220,000 LF (42 miles) of fiber rolls, 666 acres of native seed and hydromulch, trimmed dead trees, and cleared sediment from basins, and traffic control with full closures. Area: 660 Acres Status: Completed —August 2008 Client: Caltrans, District 11 San Diego Prime: SKANSKA USA CIVIL WEST Project: Route 5, 56, 805 Interchange,#11-0301 U4 Location: Del Mar, San Diego, CA Contract: $3,188,841.00 Contact: Brandon Liesemeyer, Project Manager, SKANSKA(619) 671- 7709 Description: Installation of 140 acres of irrigation, planting, and hydroseeding in conjunction with the construction of interchange bridges, ramps, and lane widening. initial work include transplanting Torrey Pines and wetland mitigation. Area: 140 Acres Status: Completed August 2008 Page 4 of 11 PAST PROJECTS (Continued) Client: Riverside County Transportation Agency Prime Contractor: SEMA Construction Project: Route 60 OHV Widening, Dist 08 Caltrans Location: Moreno Valley, CA Contract: $1,585,293.00 Contact: Azzam Saad, P.E., Esq. (949) 470-0500 Description: Installation of irrigation and planting to new planting areas due to widening of Route 60.The work included multiple phases and coordination with many soundwalls over a 4.7 mile area. The existing planting was under our contract to maintain and incorporate Into the new planting and irrigation, bioswales, and erosion control. Area: 58 Acres Status: Completed June 2006 Client: Caltrans, District 05 Project: Route 101 Landscape Improvements Location: Paso Robles, CA Contract: $2,428,175 Contact: Tim Richards, Resident Engineer(805) 542-4765 Description: The highway planting improvements include removal and eradication of invasive species, installation of new slope paving at Route 46 interchange to Route 101, AC paving of gore areas, irrigation and planting the remaining 22 acres and three years plant establishment. Area: 22 Acres Status: Completed April 2010 Client: San Diego Cemetery Association Project: Cypress View Mausoleum Improvements Location: San Diego, CA Contract: $437,323.55 Contact: Mike Green, ASLA, Clark & Green Associates (714)434-9803 Description: Improvements include demolition of existing, grading, concrete improvements within public rights of way, storm drain improvements, installation of 616 double stack crypts, fencing, irrigation and planting. Area: 2 Acres Status: Completed March 2010 Page 5 of 11 PAST PROJECTS (continued) Client: SCI Project: Eternal Hills Memorial Park Mitigation Location: Oceanside, CA Contract: $740,000.00 Contact: Bob Clark, ASLA, Clark& Green Associates (714)434-9803 Description: The mitigation around and with the cemetery open space included the clearing of 28 acres of non-native weeds, installation of irrigation, planting native contract grown plants, and seeding, erosion control BMPs, and maintenance for 5 years. Area: 28 Acres +oversight of 20 additional acres Status: Construction completed January 2009, Maintenance period five years to 2014. Client: Caltrans District 5 Project: Route 150 Native Restoration Location: Carpenteria, CA Contract: $218,000 Contact: Curtis Johnson, Resident Engineer(805) 748-5218 Description: The Caltrans contract included a storm water pollution prevention plan (SWPPP), temporary irrigation system, clearing of exotics along a blue line stream, planting native Oak woodland habitat and maintenance for three years. Status: Construction completed Jan 2007, 3 year Maintenance in progress to 2010 Client: Caltrans, District 11 San Diego Project: Route 5, Del Mar Restoration #11-065104 Location: San Dieguito River/ Route 5 Contract: $690,000 Contact: Chuck Deyoe, Senior Resident Engineer(858)467-4091 Description: 11 Acre Habitat (CSS &Wetland) and 5 Year Maintenance Status: Construction Completed, Maintenance in Progress—Oct 2004 to Jan 2010 Fish & Game accepted a 1 %years early Jan 2009. Client: Caltrans District 5 Project: Route 101 Native Tree Planting Location: San Luis Obispo, CA Contract: $563,000 Contact: Tim Richards, Resident Engineer(805) 542-4765 Description: The Caltrans contract included a water pollution control plan (WPCP), temporary Irrigation system, clearing of weeds, planting of native tree species along 20 miles of Route 101 and Maintenance. Status: Completed 2007 Page 6 of 11 PAST PROJECTS (Continued) Client: Santa Margarita Water District Project: Talega—Southern Needle Grass Habitat Location: San Clemente (Talega) Contract: $501,000 Contact: Bart Lantz(949)459-6504 Description: Installation of Southern Needle Grass (, Irrigation, Hydroseeding, Erosion Control and Maintenance for 5 years. Status: Completed 2007—Fish & Game accepted 1 year early (original completion date Sept 2008) Client: Santa Margarita Water District Project: Ladera Ranch Zone II Reservoir Location: Ladera, CA Contract: $552,000 Contact: Bart Lantz (949) 459-6504 Description: Installation of 13.8 Acres and enhancement of Coastal Sage Scrub and Maintenance for 5 years. Status: Completed May 2008 with Agency sign-off on-time. Client: Caltrans District 7 Project: Route 5 Riparian Habitat Prime: MCM Constructors Location: Santa Clarita, CA Contract: $146,000 Contact: MCM Constructors Description: The Caltrans contract included a temporary irrigation system, planting 10,000 container plants and cuttings over 3 acres and maintenance. Status: Completed 2007 Client: Caltrans District 9 Project: Route 395 Conway Summit Habitat and Erosion Test Plot Location: Conway Summit(between Bridgeport and Lee Vining), CA Contract: $507,000 Contact: Steve Miller, Resident Engineer(Dist 09 Office) Description: The Caltrans contract included contract growing native plants, installation of several erosion control methods, planting 6,140 plants, hydroseeding, watering and maintenance for two years. Status: Completed 2006 i Page 7 of 11 PAST PROJECTS (Continued) Client: Caltrans District 7 Project: Route 5 Habitat Restoration Prime: Skanska Location: Templin, CA Contract: $629,000 Contact: Skanska Civil West, Riverside CA Description: The Caltrans contract included designing a temporary irrigation system, contract grow of 11,000 container plants, planting, hydroseeding 51 acres, and maintenance for one year. Status: Completed 2008 Client: City of Newport Beach Project: Castaways Park Restoration Location: Newport Beach, CA Contract: $268,000 Contact: Randy Kearns, (949) 644-3082 Description: 12 Acre restoration of CSS Habitat and Establishment of 3/Acre of Carex pansa, Maintenance for 1 year. Grant project to City for Nature Conservancy and Coastal Commission. Status: Completed - March 2006 Client: Sukut Construction, Inc. Project: Prima Dechescha Landfill, Zone 1, Phase B Location: Various described above, Orange County, LA County Contract: $580,000 Contact: Joe Philbin (714) 540-5351 Description: 25 Acre Coastal Sage Scrub, Willow Woodland, & Marsh Habitat Restoration and Maintenance. The work involved designing an irrigation system and plant mosaics consistent with the permit documents and to meet agency approval. Status: Completed Spring 2004— Fall 2002 to Spring 2004 Client: Taylor Woodrow Project: Santa Luz Native Grassland Hydroseeding Location: Near Rt56, San Diego County Contract: $1,300,000 Contact: NIA Description: Hydroseeding 450 acres native grassland on developed slopes. Status: Completed— Fall 2000 to Spring 2002 t i Page 8 of 11 PAST PROJECTS (Continued) Client: Lennar Homes Project: Coto de Caza, CSS Mitigation & Maintenance Location: Orange County at Coto de Caza Contract: $238,000 Contact: Bob Clark(714)434-9803 Description: Construction of CSS habitat for 24 Acres: includes invasive weed eradication, discing, seeding, erosion control, planting, and 5 years of maintenance plus additional maintenance at extra work. Status: Completed with Agency sign-off February 2004 Client: Lennar Homes Project: Coto de Caza, CSS Mitigation & Maintenance Location: Orange County at Coto de Caza Contract: $112,000 Contact: Bob Clark (714)434-9803 Description: Construction of CSS habitat for 12 Acres: includes invasive weed eradication, discing, seeding, erosion control, planting, and 5 years of maintenance plus additional maintenance at extra work. Status: Completed with Agency sign-off February 2004 Client: Lennar Homes Project: Coto de Caza, CSS Maintenance Location: Orange County at Coto de Caza Contract: $46,000 Contact: Bob Clark (714)434-9803 Description: Maintenance of coastal sage scrub habitat for 20 Acres. The project work includes weed eradication, weeding, over seeding, erosion control. Status: Completed—June 2000 to June 2005 Client: San Diego County Project: Harbison Canyon Fire Erosion Control Location: Route 8 near Alpine, CA Contract: $108,000 Contact: Cid Tesoro, San Diego County Public Works Description: We applied erosion control material (hydraulic mulch and tackifier) to remote areas. The project required the stabilization of 80 acres in a very short period. We mobilized three hydroseeders (3300 gallon) and two water trucks to treat the area in eight(8) short days. Many pictures of our three hydroseeder(green) have been featured in Page 9 of 11 PAST PROJECTS (Continued) articles discussing fire and remote revegetation article (Soil Erosion & Hydroseeding, Jan/Feb 2006). Status: Completed 2003 Client: Lennar Homes Project: Coto de Caza, Willow/Riparian Maintenance Location: Orange County at Coto de Caza Contract: $73,500 + $21,000 in addition services Contact: Bob Clark (714)434-9803 Description: Maintenance of willow habitat for 27 Acres. The project work includes.invasive weed eradication, weeding. Status: Completed with Agency Buy-off 2003 — May 1998 to May 2003 Client: Department of Water Resources Project: Mojave Siphon Powerplant and Devil Canyon Second Afterbay Location: Riverside County, San Bernardino &Silverwood Lake Contract: $381,000 + 3 years extended PE &off site work for$612,066 Contact: John Squires, Environmental Specialist, (916) 653-5363 Description: Mitigation for DWR as required by FERC with Final Approval by Fish & Game. The project work includes 12 acres of grading, site preparation, irrigation design and installation, invasive weed eradication, weeding, planting, seeding, maintenance for 3 years, and quarterly monitoring reports. DWR extended our contract an additional two (2) years for additional site restoration and consulting. Status: Completed December 2005 Client: Department of Water Resources Project: Devil Canyon Emergency Fire Slope Stabilization—Native Habitat Location: Riverside County, San Bernardino & Silverwood Lake Contract: Contract Change Order $268,000 Contact: John Squires, Environmental Specialist(916) 653-5363 Description: In 2003 the wildfires impacted three locations - Devil Canyon Power Plant in San Bernardino and Mojave Siphon Power Plant near Lake Silverwood, and Silverwood Lake water shed.We developed several application methods and associated materials to provide cost effective yet efficient erosion control for 85 acres. An additional 140 acres were treated via Straw (169 ton) mulching with a Helicopter to fire burned areas above Lake Silverwood.The work commenced and completed in a short period due to recent erosion and potentially more. This project was featured in Land and Water, Jan/Feb 2007. Status: Completed January 2004 Page 10 of 11 PAST PROJECTS (Continued) Client: County of Orange Project: Talbert Nature Preserve Habitat Restoration Location; West of Victoria Avenue and Santa Ana River, Costa Mesa, CA Contract: Contract Change Order $1,099,269.33 Contact: Rory Paster, Orange County Public Works (714) 834-3739 Description: Restoration of temporary impacts to riparian vegetation,eradication of exotic plant species, preparing surfaces strata of soil for planting, soil preparation, installation of straw wattles, irrigation and planting installation, 90 day plant establishment, and additional 270 day plant establishment and maintenance period. Status: Completed April 2011 Client: County of Riverside Flood Control Project: Gavilan Hills Habitat Mitigation Location: East end of Smith Road, off Cajalco Rd, Riverside, CA Contract: Contract Change Order $481,113.97 Contact: Kris Flanigan, Environmental Regulatory Services (951) 955- 8581 Description: Restoration of coastal sage scrub and riparian vegetation, site grading, eradication of exotic plant species, soil preparation, erosion control measures, irrigation and planting installation, and one year plant establishment. Plant maintenance extended an additional three years by contract change order. Status: Completed April 2010 (construction and first year of maintenance). Currently in second year of extended maintenance. Page 11 of 11 CITY OF SAN JUAN CAPISTRANO REQUEST FOR PROPOSALS PROVISION OF CONTAINER PLANTING SERVICES FOR THE 2C RANCHITRABUCO CREEK HABITAT RESTORATION PROJECT SUBMIT YOUR PROPOSAL BY 5:30 P.M. FRIDAY, DECEMBER 21, 2012 TO: City of San Juan Capistrano Attn: William Ramsey, AICP, Assistant Director Development Services Department 32400 Paseo Adelanto San Juan Capistrano, California 92675 I. INTRODUCTION & BACKGROUND The City of San Juan Capistrano is a small community of approximately 38,000 residents located in South Orange County, California, roughly midway between the Cities of San Diego and Los Angeles (see Exhibit A, Regional Vicinity Map). The City is characterized by its extensive open space lands which comprise roughly 48% of the City's land area and its preserved ridgelines. The City is currently implementing a 54-acre habitat restoration project for improving natural habitat and,wildlife resources in the project area. The 2C Ranch-Trabuco Creek Restoration Area is located within the Trabuco Creek watershed in the northern area of the City. The project entails two contiguous, core areas consisting of both upland and riparian habitat: • The upland portion of the project consists of 40 acres of mild to steeply sloping topography that supports degraded coastal sage scrub habitat and a large population of invasive artichoke thistle and mustard. The area extends uphill from the Trabuco Creek riparian corridor to the Colinas ridgeline, where it connects to the Salt Creek Open Space Corridor, a permanent wilderness preserve and key wildlife corridor. • The riparian portion of the project consists of 14 acres along Trabuco Creek and its associated transitional zones. Trabuco Creek flows year round and is un-channelized as it passes through the project, providing a natural riparian environment that presently supports diverse sensitive floral and faunal species and which is conducive to supporting additional sensitive species. Vegetation on the creek banks and within the stream channel is a mix of ATTACHMENT 2 page 1 of 17 RFP,2C Ranch/Trabuco Creek HRP Provision of Container Planting Services 2 City of San Juan Caaistrano native and non-native species. Native vegetation primarily consists of mulefat and southern willow scrub, with occasional sycamore and oak trees. Invasive vegetation features significant stands of arundo, as well as a small but growing area of tamarisk and pampas grass. The City is presently completing the final phases of invasive plant removal from the 54 acre restoration area. The primary aim of the restoration plan is the removal and control of all invasive, non-native plants across the entire restoration area, followed by the planting and hydroseeding of California native species so as to establish a more diverse and multi-storied native habitat conducive to supporting a wide array of native plants and wildlife. II. SCOPE OF WORK Provision of Container Plantinq Services: The Contractor shall work with Project Manager to lay out and install 35,000 container plants throughout approximately 50 acres of the project site for purposes of establishing plant growth and native habitat restoration. Planting areas are noted on Exhibit B, Habitat Restoration Areas. The Contractor will be experienced in providing container planting services including coordinating, handling, and installing container plants for Southern California native plant habitat restorations, especially coastal sage scrub habitat and woodland-scrub riparian habitat. The Contractor shall also have experience and suitable equipment by which to perform container planting services in the project's rural open space environment, which is accessible mainly by dirt roads (former ranch roads typically 12-20 foot in width with maximum grades of about 18%). Slopes requiring container planting vary and in some areas are steeper than 2:1. Use of several tractor-mounted and/or powered hand augers is highly recommended due to the terrain and quantity of containers to be installed. Container plants will be installed by the Contractor in all Project Areas (see Exhibit B). Areas 1 through 7 are moderate grades and/or small, accessible slope banks. Area 8 is a larger site that is dirt road/truck-accessible throughout the majority of it, but features wider slopes and steeper grades in certain areas. Each Area's topography can be viewed by Contractor on Google Earth (or equivalent) or visited in-person prior to bidding or following award of contract. Interested contractors can use the attached Exhibit B, and the cross streets of Camino Capistrano-Junipero Serra Road and Alipaz Street-Del Obispo Street as reference points, to view site topography. The City has previously contracted with Tree of Life Nursery for the provision of all container plants for the project, thus the scope of work required for this RFP does not include the Contractor obtaining the container plants. The Container Planting Services Contractor will be responsible for the following: 1. Completing a pre-project tour of the site with the Project Manager to a) review page 2 of 17 RFP,2C Ranch/Trabuco Creek HRP Provision of Container Planting Services 3 City of San Juan Capistrano access roads and project-specific accessibility; b) discuss safety guidelines regarding on-site equestrian and other public uses of the property; c) view and discuss all container planting areas; d) discuss any additional steps needed to prepare the site for container planting; e) any further project considerations of concern to the City, Project Manager or Contractor. 2. Receiving deliveries of container plants at the project site, reviewing deliveries to assure they meet quality standards, tracking delivery and installation quantities and providing confirming documentation to the Project Manager. 3. Properly installing all container plants noted in Exhibit C under the supervision and instruction of the Project Manager. The estimated , though not guaranteed, start date for the work is expected to be Monday, January 21, 2013. The Project Manager shall determine the project start date in consultation with the Contractor at least ten (10) days prior to beginning work (i.e. Friday, January 11, 2013). The Contractor shall notify the Project Manager at least forty-eight (48) hours in advance of starting work which shall be carried out in a diligent manner. Time is of the essence to install all container plants during the growing season. 4. The Contractor shall complete the installation of all container plants within four (4)weeks of project commencement. In addition to the general Scope of Work required of the Container Planting Services Contractor, the following additional requirements shall apply: Container Plants shall be installed as follows: a) The Contractor shall coordinate with the Project Manager to gain access to the Site, and to pre-arrange for any needed crew/equipment staging. b) The Contractor shall be responsible for repairing all ruts resulting from Contractor's vehicles in the performance of this contract. c) Contractor shall install all container plants consistent with the method established by Exhibit D, Container Plant Installation Requirements. Any plants improperly installed may be required to be replaced and/or replanted at Contractor's expense if Project Manager deems it necessary. Preparation of Itemized Bid: A line-item bid shall be provided that details the individual and total costs for the Contractor to supply all container planting services specified by this RFP. This bid shall detail all supplies (including mulch and other items), labor, equipment and other related costs. The bid shall clearly delineate the services provided on a defined schedule, and other line-item costs as needed to fully detail the project budget. The total bid amount will be all-inclusive and reflect all direct and indirect, not- to-exceed costs associated with providing container planting services to the project site. The City's Personal Services Agreement (contract) is a "not-to-exceed" contract. Container plants that will be provided for the 2C Ranch/Trabuco Creek Habitat Restoration planting scope are noted in this RFP in Exhibit C in the addendum. Your page 3 of 17 RFP,2C Ranch/Trabuco Creek HRP Provision of Container Plantina Services 4 City of San Juan Caoistrano proposal and itemized bid should reflect these species types, container sizes and quantities. III. PROPOSAL REQUIREMENTS The proposal will include the following: A transmittal letter including a brief statement of understanding of the scope of the project, the general methodology to be used, and a description of the contractor's background and experience. The Proposal shall be signed by an individual authorized to bind the contractor and shall contain a statement that the proposal is valid for at least a 90-calendar day period. A. A proposed scope-of-work (SOMI) including a description of the specific requirements for the project, such as the container planting standards, and other required components. Describe any methods or procedures to ensure the container planting services provide the most successful survival rates for installed plants. B. A list of similar projects in which similar planting services were provided by the Contractor and key staff to be used on this project. C. Project Schedule. D. Total line-itemized bid proposal, including a tabular breakdown of all cost items, as well as any hourly rates, expenses or delivery charges as appropriate. E. Statements of Qualification of the contractor's project manager and any key staff. IV. PROPOSAL SUBMISSION Interested contractors are requested to submit their proposal in pdf format (300 dpi resolution, color or black & white) by e-mail to bramsevOsanivancagistrano.ora in the Development Services Department, City of San Juan Capistrano by the time and date indicated on the coversheet of this RFP. V. SELECTION PROCESS A selection committee composed of City staff will review the proposals pursuant to City Council Policy 111, Consultant Selection with particular emphasis on the following factors to select the most qualified firm/person: A. Completeness of proposal. B. Contractor's experience and resources relating to native plant container installation scope and the ability of the Contractor to meet the quantity and quality requirements established herein. page 4 of 17 RFP,2C Ranch/Trabuco Creek HRP Provision of Container Planting Services 5 City of San Juan Capistrano C. Professional qualifications of key personnel. D. Control of cost, schedule and quality on previous container planting services contracts, as directly related to similar projects by contacted references. After evaluation of the proposal and, if needed, subsequent interview, the City selection committee will select the most qualified contractor to negotiate an agreement to provide the planting services through the completion of the Project. The City reserves the right to reject any or all proposals, to waive any informality or irregularity in any proposal received, and to be the sole judge of the merits of the respective proposals received. VI. INTERVIEW Proposals will be evaluated and ranked based on the City's consultant selection policy (City Council Policy#111). Those contractors with the highest-ranked proposals may be requested to participate in an interview with the City's selection committee to further present their company and key staffs qualifications. The interview process, if deemed necessary, may be conducted by either conference phone call or in-person as determined by the City. VII. AGREEMENT/ INSURANCE REQUIREMENTS The Contractor selected for the study will be required to execute a standard City of San Juan Capistrano Professional Services Agreement (see Exhibit E). Proposals will include a statement that the submitting Vendor is amenable to all provisions in the City's standard agreement. If a proposing Vendor takes exception to any of the terms in the Professional Services Agreement, the Contractor must notify the City of their specific issue(s) as soon as possible and determine whether the provision may be modified. Insurance requirements and indemnification requirements are not negotiable. Vlll. CITY'S RIGHTS The City may investigate the qualifications of any proposer under consideration, require confirmation of information furnished by a proposer, and require additional evidence of qualifications to perform the services described herein. The City reserves the right to: A. Reject any or all of the proposals and issue a subsequent Request for Proposals. B. Cancel the entire Request For Proposal. C. Remedy technical errors in the Request for Proposal process. D. Appoint an evaluation committees to review proposals. E. Seek the assistance of outside technical experts in proposal evaluation. page 5 of 17 RFP, 2C Ranch/Trabuco Creek HRP Provision of Container Planting Services 6 City of San Juan Caoistrano F. Approve or disapprove the use of particular subcontractors. G. Award a contract to one or more proposers. H. Waive non-substantive errors or irregularities in proposals. This RFP in no way commits the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in the preparation and submission of proposals or in anticipation of a contract. IX. PUBLIC RECORDS ACT Responses to this RFP become the exclusive property of the City and subject to the California Public Records Act. Those elements in each proposal which are trade secrets as that term is defined in Civil Code section 3426.1(d) or otherwise exempt by law from disclosure and which are prominently marked as "TRADE SECRET", "CONFIDENTIAL", or "PROPRIETARY" may not be subject to disclosure. The City shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked if disclosure is deemed to be required by law or by an order of the Court. Proposers which indiscriminately identify all or most of their proposal as exempt from disclosure without justification may be deemed non-responsive. In the event the City is required to defend an action on a Public Records Act request for any of the contents of a proposal marked "confidential", "proprietary", or "trade secret", the proposer agrees, upon submission of its proposal for City's consideration, to defend and indemnify the City from all costs and expenses, including attorneys' fees, in any action or liability arising under the Public Records Act. X. QUESTIONS Questions regarding this RFP should be sent in writing to Bill Ramsey, AICP, Assistant Director, - via e-mail to: bramseyCaasanivancar)istrano.or4. Questions concerning information already contained in the RFP will be answered in writing; questions requiring clarification or additional information may be addressed in an addendum to this RFP. All return correspondence involving questions and answers will be communicated to all other known proposers. EXHIBITS: A—Regional Vicinity Map B— Habitat Restoration Areas C— Container Plant Species Types, Quantities and Sizes D—Container Plant Detail E— Personal Services Agreement page 6 of 17 ` ntington Irvine Lake Forest I oat Irvin• ach C 3 Tubuco Cnnyon (55 73 1 133}� ��.,r,, o • . r ,.,:. , ,_,.,, 1241)Ran choSanto �sta M@58 ' 133 , Margarita Newport Beach73aguna HillsAliso Viejo ,b'El1A? o - Coto De Caza BAY Corona Del Mar Mission Viejo 0 �Ose4 Ladera Ranch \U O �a Emerald Bay Laguna Beach 8 << O v � Lagu Niguel s `Z,� apistrano San Juan South Laguna 0 Regional Map Project Site Dat N OCeAA+n �an Clemente PAC page 7 of 17 ;r x ' �. •,,Uliw AREA�1 a • s s ! c AREA2 4 " ��.,�.. . mom ' � IAREA4; 9",�� 1 3AREA3�GIy •. c yC ll } dY AREA 5 4 AREA 8 AREA 6 19, t"moi AREA 7 (Caltrans) EXHIBIT C 2C Ranch/Trabuco Creek Restoration I San Juan Capistrano, California Container Plants -Species, Quantity and Container Size Scientific Name Common Name Quantity Container Size !Artemisia ca/ifomica- 1G Kalifornia Sagebrush 6,400 1 gallon Artemisie califomica-RP i'Ca11foinia Sagebrush 3,000 _Rose Pot/Liner Ambrosia psilostachya Western Ragweed 270 1 gallon Artemisia douglasiana 'Mugwort 485 1 gallon Artemesia dracunculus Tarragon484 1 gallon Artemisia palmeri San Diego Sagewort 180 1 gallon Baccharis salicifolia- 1G Mulefat 800 1 gallon i Baccharis salicifolia-RP Mulefat 1,900 Rose Pot/Liner Baccharis pill. var. censing. - 1G (Coyote Brush 2,000 1 gallon Baccharis pill. var.censing. -RP !Coyote Brush - 1,050 Rose Pot/Liner Encelia califomica California Sunflower 3,000 1 gallon Errogonum fasciculaturn- 1 G Flat Top Buckwheat 3,400 1 gallon Eriogonum fasciculatum-RP Flat Top Buckwheat 11200 !Rose Pot/Liner Neteromeles arbutifolia Toyon 740 1 gallon lsocoma menziesii Coast Golden bush 1,800 1 gallon Juncus acutus Spiny Rush 90 1 gallon Leymus condensatus Giant Wild Rye 90 1 gallon Leymus triticoide_s _ Creeping Wild Rye 90 1 gallon Lotus scopanus Deerweed 1,900 1 gallon Malosma laurina Laurel Sumac 1,300 1 gallon Oenothera elate Hooker's Evening Primrose 90 1 gallon Opuntia littoralis Coastal Prickly-Pear 200 1 gallon ;Platanus rac—em osa-5G Western Sycamore 35 5 gallon Platanus racemose- 15G_ �Western Sycamore 50 15 gallon `Pluchea odorata ;Marsh Fleabane 180 1 gallon Quercus agrifolia-5G Coast Live Oak 60 5 gallon Quercus agrifolia- 15G Coast Live Oak 16 15 gallon Rhus integrifolia Lemonadeberry 600 1 gallon Rosa califomica California Wild Rose 100 1 gallon Rubus ursinus California Blackberry 100 -1 gallon Salix lasiolepis-5G Arroyo Willow 40 5 gallon Salix exigua-5G Sandbar Willow 35 5 gallon Salix goodingii-5G Black Willow 70 '5 gallon Salvia mellifera-5G Black Sage 2,980 5 gallon Sambucus mexicana-5G Mexican Elderberry 47 5 gallon Sambucus mexicana- 15G Mexican Elderberry 18 15 gallon_ Sisyrinchium bellum Blue Eyed Grass 200 1 gallon Total 35,000 page 9 of 17 Lf 10 0l 96ed Buugryory SupdS MZ-pefowd uopeeolsey gawp wngwl pue gouea pZ ZIU Avw Io-eZae HEWC1 WOW laupluoo aldweS v3aneu m3UnO V H NI A V L f1 H M 11 _OL 3OV60 HSINI3 3AOBV 9 NISVQ 9NRJ3 VM 6 ]]VH lOON 8 L %IW 111 N0 NI 301110N1 39 01 SJ3N0Vd HJZI ILLNJA JSVJl ?! U1081NOD 1 9 '-n-]M XIN NV VM 9 nV9 10021 30 H101M S3WI1 OMI b 7VS iOON AID Hld3G C Z L NoildIHOSDO W311 S s T=_ LIIIIIIIIIII ,.9a-i iTi ,l Z 6 Of ' < < „Z EXHIBIT E PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into,and shall become effective this. day of , 2012, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and (hereinafter referred to as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor to,, ; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Contractor 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. [OPTION 1: ONGOING SERVICES, NO END DATE] This Agreement shall commence on the effective date of this Agreement and services required hereunder shall continue until notified that said services are no longer required, subject to 15 days notice of termination. [OPTION2: SPECIFIC TERM] This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $_ [either, total contract amount, or amount per month or per fiscal year; also specify whether the total compensation includes expenses, etc.], [as set forth in Exhibit "B," attached and incorporated herein by reference[if Contractor provides a cost proposal or rate schedule]]. 1 page 11 of 17 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Contractor 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 the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Contractor 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 S. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Contractor 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 Contractor is permitted to subcontract any part of this Agreement by City, Contractor 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 Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor 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 Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor 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 2 page 12 of 17 work to be performed under this Agreement. Should Contractor 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 Agreeme Section 9. Compliance with Law. Contractor shall comply with all applicable laws, ordinances,codes and rrrtions of federal, state and local government. Section 10. Conflicts of Interest. Contractor 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 Contractor. Section 11. Copies of Work Product. At the completion of the work, Contractor shall have delivered to City at least one(1) copy of any final reports and/or notes or drawings containing Contractor'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 Contractor in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Contractor 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 Contractor's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Contractor 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 3 page 13 of 17 with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees,subcontractors,or independent contractors hired by Contractor in the performance of the Agreement. The only exceptton to Contractor'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 Contractor. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, 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. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor 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, Contractor 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, Contractor 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). 14.3 Workers' Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Workers'Compensation Employer's Liability Insurance in the statutory amount as required 4 page 14 of 17 by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement,Contractor 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 Contractor, including the insured's general supervision of Contractor;products and completed operations of Contractor;premises owned,occupied or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall nottenninate, 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. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor 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 Contractor. 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 the ten (10) day cure period. 5 page 15 of 17 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: To Contractor: Section 17. Attorneys' Fees. .w.. 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 16. 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 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. [SIGNATURE PAGE FOLLOWS) 6 page 16 of 17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Karen P. Brust, City Manager CONTRACTOR By: ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: - Hans Van Ligten, City Attorney 7 page 17 of 17 r natures image g March 4,2013 Mr. William Ramsey, AICP Assistant Director 32400 Paseo Adelanto City of San Juan Capistrano,CA 92675 Re: Provision of Container Planting Services for the 2C Ranch/Trabuco Creek Habitat Restoration Project Natures Image.Inc. Dear Mr. Ramsey, 20361 Hermana Circle Natures Image,Inc. is pleased to submit the enclosed proposal in response to the Lake wrest CA.92630 City of San Juan Capistrano's Request for Proposal for Provision of Container P sas 6W"M Planting Services for the 2C Ranch/Trabuco Creek Habitat Restoration Project. We are a full service native habitat restoration and mitigation company that has Fs4ssw�a5o successfully completed over 500 projects throughout California with much focus wwwnaturesimage.net on the Orange County area. We are confident that the enclosed proposal will CL720513 demonstrate our mission to enhance our natural environment through restoration and preservation efforts. Additionally, Natures Image is a locally owned woman small business based in Orange County. The identification information for the proposal evaluation is as follows: Natures Image, Inc Craig Zaich, Chief Performance Officer 20361 Hermana Circle Lake Forest, CA 92630 Phone: 949-680-4400 ext. 112 Fax: 949-680-4450 Email:czaic 1@,naturesimage.net This proposal shall remain valid for a period of 90 days from the date of submittal. For any questions or additional clarifications please feel free to contact me. Sincerely, Craig arch Chief Performance Officer It e a I I a g pade"1 bf 121 0 n m e n t s ATTACHMENT 3 d ' Proposed Scope of Work Natures Image looks forward to meeting with the City regarding this project Natures Image is prepared and equipped to install the 35,000 container plants in the 4 week timeframe as indicated in the RFP: 1. Prior to starting any work on the project, Natures Image will schedule a post award kick-off conference with the City of San Juan Capistrano. Items to discuss include accessibility, pro- tection of existing irrigation lines,determining and.coordinating the staging areas,safety for crews and public uses of the property,review plant locations in all locations,verify the sites are properly prepared for planting and discuss any other concerns that either party may have. 2. Natures Image will coordinate deliveries with the plant nursery(Tree of Life),verify quality and quantities and provide documentation to the City project manager. We will assist the Project Manager with the plant layout. Time is of the essence,the City will need to furnish plant layout maps that will ensure that Natures Image planting crews can complete the job in a timely manner. 3. Next step will be to properly install the plant material and mulch around the plants. In con- sultation with Natures Image approximately 10 days prior to the start of work a meeting will be conducted. Natures Image anticipates the work will be completed within the 4 weeks as specified with a tentative start date of January 21,2013;weather permitting. 4. At the completion of the planting,Natures Image will repair any ruts caused from our vehic- ular access to the site. Our proposed primary point of contact for the City shall be Mitch Farr Senior Project Manager for Natures Image. Mitch will manage all phases of the project implementation with the assistance of Dan Burkhart Natures Image Superintendent,to oversee all necessary tasks for all locations. Natures Image will supply all the required personnel,services, and equipment to plant all the plants. Natures Image will keep the City updated as to the work schedule as well as when and where crews will be working on the site. The City will furnish the water at the planting locations. In order for the work to be executed in the most efficient manner,the work shall be sequenced as follows: • Coordination of plant material and layout • Planting holes will be presoaked as needed • Larger plants will be planted first, with the smaller plants after. This will occur in each planting sections within an irrigation valve. • Natures Image will furnish the fertilizer packs&mulch for each installed container plant • We will remove all the 35,000 empty plant containers from the site • Each plant will be installed per industry standard as noted on Figure 4 "Sample Container Plant Detail". • The size of the plant basin and quantity of mulch is based upon the size of the plant per in- dustry standards. • We agree and understand the Personal Services Agreement will be our contract for this RFP, in order to facilitate scheduling and meet the timeline we would need a fully executed con- tract 10 days prior to start of work • Price its based on Prevailing Wages-Director of Industrial Relations. Price to perform the work as described:$255,636.70 page 2 of 22 Z natures image 2 List of Revegetation Projects with planting services �'�.T.pi9�RRQ:.a_....ai r•F::�f�^y}-i^^.1R�6+a.Jru....e..uasr.+H..L. .. _ ,,, _ Dana Point Headlands, Dana Point, California. Performed approximately 100 acres of coast bluff restoration which included working around and with many federally listed endangered species and rare plants. Also included was a customized micro-spray irrigation system that allowed the narrow trails to be revegetated without watering the water sensitive habitat on either side.Various species of Dudleya were collected,stored and replanted on the site along with two years of seed collection which were utilized to propagate plants and to reseed the site. Forster Ranch,San Clemente,California. Performed 90 acres of Coastal Sage Scrub and grassland restoration including seeding, planting, transplanting endangered Brodiaea f Iffiblia (Thread-leaved Brodiaea),temporary irrigation design and installation,and the creation of a 2 acre wetland site. Toner Hills,Brea,California. Five projects totaling 132.5 acres of riparian, Coastal Sage Scrub and grassland restoration including site preparation,planting,seeding,design and installation of irrigation system and maintenance. Big Tujunga Wash Mitigation,Sunland, California. Performed 115 acres of riparian and wetlands enhancement including Arundo donax (Giant Cane) removal, Blchhornia ayssipes(Water Hyacinth) removal,aquatic plant pest control,marsh and riparian planting.Maintenance included applying herb- icide to many invasive and exotic plants. Santa Barbara Airfield Area I Restoration,Santa Barbara,California. A forty-eight acre restora- tion project which includes site preparation,creek corridor clearing, 10 acre wetland creation,irriga- tion Installation,planting,seeding,creation of trail system and maintenance. Key Staff Proposed For the 2C Ranch/Trabuco Creek HRP project we propose our Senior Project Manager,Mitch Farr. He has been with Natures Image for almost 7 years. He has over two decades of experience in the landscape construction and wholesale nursery industry. He is a Certified Master Project Manager, holds a Qualified Applicator License, is a Certified Irrigation Contractor, Certified Arborist, Certified Landscape Technician, Water Pollution Control Manager, CESSWI and QSP. Mr. Fares duties include documenting project meetings from pre-construction to project completion,irrigation system designs, and site visits to monitor progress and to ensure compliance with contract specifications. In addition, Mr. Farr mentors all other project managers on the Natures Image team. As with all of the project management staff, Mr. Farr has worked his way up from the field and has Oftnsive hands-on knowledge in all types of plant species and habitat types. His Superintendent,Dan Burkhart has a degree in Landscape Architecture from Cal Poly Pomona. Dan is highly skilled in irrigation, planting Installation and management of crews. He assists Mitch in daily onsite job tasks and coordination with materials, staff and clients. Dan would work directly, with the City Project Manager in the plant layout and keeping the crews on schedule. Following is our organizational chart for your reference and under the Statement of Qualification are similar projects Mitch has managed previously. natures I page>...... ...,......m� a e 3 of 22 3 Proposed Staffing and Project Organization natures image h e a l P n g en v l r n m a n ta. Office Organizational Chart Mlchelle Cawna Pounder& pm1d.at Steven aMom Craig lairh IoM S.M. Dl Mrof Chief Performance Contmger opm dow afar Dm Slinger WU Wper Mitch Farr Sara Knanig Lsamator Pmlect SeNor Prolrtt AdmlNrtratiw uott Watsee Manger Manager CoordM mr Offim Man%w 80 Black Sergio Gotloy VictorAg � Porthadng& lobe l Caatlllp Krle DobrdoNc PaamaDng MethaNc P fo Manager OMo AeaDmnt An ntr Payable LMMaldonado 14��] SYparinmMant Danny aaagnaran SaperlNen In the Statement of Qualification,all the projects listed under post performance were managed by Mitch Fam and he was supported by his Superintendent Dan Burkhart natures image page 4 of 22 4 Project Schedule — - - ppr of san,wancaglaae�me ��1Ttsbuoe Creek rtaean eaeoeme 1►nxacl to iTatkta. f I _.—. S ...am .. .. n_ri tR 3_.3 aL3311 UN s j Pm*rojed Tour 0 days Mon 1114113 Mon 1114!131 3 _g wed�6 Pl•nta,� 20 days Mon 1121113 Fri 2MGF13 Layout Plantlng L.ocadons 18 days Mon 1f21113 wed V131131 _ mmvwjcn of Plan"Holes 19 days Mon 1121113 Thu 2114113' Pro SaWrate Planting Holes 19 days Mon V21113 Thu?114113, Install container pte9ls 18 days TUG 1=3 Thu 2114113' r –""- -- -3 Mulch e Mulch PlanIV Bubb 17 days Thu 11Wi3 Fri 2113113' Remove Em*Pkmgng Contslmm 8 days Mon 2M 1113 Fd 2fism, l lRiperlan Plarttbta 19 days Fri 11013 Fti 21161131 isL OYOut Planting Locations 8 days Mon 1126113 Wed 218113; � .-I Excavation of Planting Holes 18 days Mon WW13 Frl 21151131 Pre Sante PJanting Holes 15 days Man VAR3 Fri 2116113 iN14b�aFall Corner Plan days Tue i/2Q113 FA 2115113; 1 ._. Mulch Planting Bubo 5 days Mon 2111113 Fd 2118M3. Rmwn Empty Pmnft Cante mm 3 days Wed 7113113 Frt?118113 Tbak PrcpryrhoiaelSdiad�la CWCFIt�,fl2 � . .. .,.. .,...„ SMunary ^ Eut09WAYabne4`) Pape 7 natu s image page 5 of 22 s natures image healing env i r n m en t. s. w•- h e Statement of Qualifications 20361 Hermana Circle Lake Forest, CA 92630 Phone (949) 680-4400 Fax (949) 680-4450 Email: office@naturesimage.net page 6 of 22 Company History In 1995, Natures Image was created to specialize in environmental restoration. At Natures Image,brining new life to native habitats is more than a business. It's a passion. We approach each project as a partnership with our clients. Our commitment is to create a functioning ecosystem with long-term self-sustainability—one that will thrive with as little human intervention as possible. Na- tures Images has evolved into a robust company that is deeply passionate about its work and is com- mitted to making your project a success. "Natures Image has consistent- ly provided a superior level of knowledge, service, and perfor- mance while working on a number of environmental miti- gation and enhancement pro- jects for Caltrans." 1 Michael Connelly Mitigation Specialist District 11,Caltrans d. What Make Natures Image Different? We are a full service native habitat restoration and invasive species removal company. Since 1995,we have successfully completed more than 500 diverse projects.To restore natural en- vironments and help them to flourish,Natures Image provides a wide range of specialized services. Our scope of services include revegetation,exotic weed abatement,seed imprinting,erosion con- trol,trapping arrays,straw blowing,irrigation design and installation,pesticide spraying,aquatic planting,plant salvage,hydroseeding,critter fencing site clearing and preparation,and mainte- nance.We restore and maintain habitat communities such as riparian,wetlands,vernal pools, scrubs,freshwater and saltwater marsh,desert,chaparral,sycamore grassland,oak woodlands and native grasslands throughout California. Natures Image is a principal centered company that is grounded on strong beliefs.Our mis- sion Is to enhance our natural environment through restoration and preservation efforts.We strive to stimulate awareness,appreciation,and a connection with nature.We believe that in order to achieve success,it is important for the owner,biological consultant,and restoration contractor to work together to meet common goals. nat11res Im2ige page 7 of 22 7 PAST PERFORMANCE 1) Project: Vail Lake Transmission Main and Pump Station Post Construction Native Vegetation gesture- tion. This project funded by the Bureau of Reclamation is to mitigate the habitats damaged during the con- struction of a 48 inch pipeline,recharge basins to Vail Lake and a pump station for Rancho California Water District The site consists of 25.71 acres of wetland,riparian scrub,Rivwsidean sage scrub,grassland,salt grass grassland communities. The actual construction items consisted of delineating the habitat boundaries for planting and seeding,buffer zones with T-Posts,establishing a water point of connection on an existing blow-off valve,erosion control,weed clearing,drainage grading,seed imprinting,hydroseeding,planting watering 120 day warranty period,and 2 year maintenance period. A change order was issued at the re- quest of the Water District to mitigate an additional vegetation area outside the original scope of work The construction items were all completed on time and within budget Currently the maintenance is ongoing and progressing well. The contract ends in July 2013. 'The mitigation site is demonstrating Original Contract Amount: $998,780.00 good progress toward meeting the Final Contract Amount: $1,005,649.74 performance standards specified in 2) Client:Rancho California Water District the Compensatory Mitigation Plan." 42135 Winchester Road,Temecula,CA 92590 Jaime Morales Ken Cope, (951)296.6900 3) Location:Temecula,California Biologist 4) Duration: January 2011 to July 2013 5) Scope; Irrigation- The exotic plant eradication took approximately 35 working days beginning in late January and ending in early March. An Irrigation system was not installed,instead we are utilizing one of our water trucks to water the cuttings,con- tainer plants,and seeded areas. We wereable to reduce costs by watering the site via water trucks. willow&Mule(at Cuttings -r o natures Image page a a e 8 of 22 PAST PERFORMANCE Vail fake Transmission Main and Pump Station Post Construction Native Vegetation Restoration 6) Maintenance- Plant establishment began in March 2011 and Is on schedule per the contract to complete In July 2013. The plants are being regularly irrigated during the dry months with a greater dependency on nat- ural rainfall during the winter months. The plants continue to grow and create the environments of sustelna- biBty. All invasive species are routinely removed especially Tamarisk Each Tamarisk is cut and treated with glyphosate. The remaining biomass Is than hauled off site or mulched onsite. planting; The entire site was imprintseeded using our own seed imprinter. Natures Image is the first full service restoration company to offer imprinting as a low cost alternative to hydroseeding.We still are at the forefront of imprinting innova- tion.We have designed and supervised the manufacture of our imprinters including the truly unique slope imprinter.We offer reliable seed application in areas that hydroseed trucks cannot access,where water is not available,and on very large acreage where imprinting is more economically feasible than traditional hy- droseeding methods. For this project we are having excellent success with the seed germination rates. The picture on the bottom rightshows thes(gnomre waffle pattern of the Imprinter. 7) The container plants as well as willow and mulefat cuttings were planted in March 2011. The marsh species being maintained include:Common bulrush,butt ile,desert arrow weed,marsh Fleabane,beardless wild rye, giant wild rye,alkali heliotrope,mulefst and willow cuttings. 8) The project is located within designated critical habitats for Quin checkerspot butterfly and coastal Calffor- nia gnatcatcher. The site is currently being utilized by a wide variety of wildlife. The Quino checkerspot but- terfly(below)was present onsite within a year of construction being complete. Several reptiles have been observed including the tiger whiptall,gopher snake and common side-blotched lizard. Numerous bird species are present including pied-billed grebe, Northern harrier,Golden Eagle,American kestrel,Bo- naparte's gull,Nuttall's woodpecker,Loggerhead shrike,Violet-green swallow,and gnatcatcher. OIL a.. -a• Mammals include desert cottontail,California ground squirrel,woodrat,and Southern mule deer. The Arroyo toad and Stephen's kangaroo rat have a high probability to return to the site after the restoration has reached sus- . tainability. L' natures Image page 9 of 22 9 PAST PERFORMANCE 1) Project; Mason Regional Park Habitat Restoration for San Diego Creek Capacity Emergency Project This project evolved due to an unexpected occurrence in the form of inadequate Flood control capacity result- ing from vegetation overgrowth and sediment accumulation in the San Diego Creek This project was given emergency status because it required immediate action to prevent or mitigate loss or damage to life,health, property or essential public services. The scope of work consisted of almost 8000 cubic yards of sediment excavated and removed,site preparation,stabilization by eradicating exotic plant species,preparing soil sur- faces for habitat restoration including,planting,erosion control installation,fencing,installation of reclaimed irrigation system,seeding, 90-day plant establishment period,guarantees and 270-day plant establishment and maintenance period for riparian and wetland habitats. There were no socio-economic factors required in this contract. The final contract amount decreased due to Natures Image providing cost savings in the ir- rigation installation that were overlooked in the design phase. The projectwas completed on schedule and belowbudget. Original Contract Amount: $716,030.66 Final ContiactAmounn $679,398.63 2) Client: The County of Orange,Public Works Department 1152 E.Fruit Street,Santa Ana,CA 92701 Rory Paster at(714)834-3739 3) Location:Irvine,California Duration: September 2009-April 2011 4) Scope: Ifflgation- We had several delays in the course of this project,involving the irrigation design. The three greatest challenges we faced were, the plans and specifications were ambiguous as it related to the type of pipe to install,no electrical power existed at the site as it stated in the plan,and one of the two points of connection was inoperable. During each obstacle Natures Image worked with the County to determine the best course of action to ensure project success. Once the County employed several of our cost saving sugges- tions,we were able to eliminate the necessity for an electrical power source and utilize solar controllers.We were also able to remove the need for a second point of connection which in turn saved the County approxi- mately$35,000. All systems were installed on schedule and to the customers satisfaction. i site Prep Complete Just 2 years later natures image page 10 of 22 10 PAST PERFORMANCE Mason Regional Park Habitat Restoration for San Diego Creek Capacity Emergency Project 5) Scope: Maintenance- Natures Image began the 11 acre plant establishment period in April 2010 with com- pletion in April 2011. As seen in the before and after photos,our customer gained a highly restored func- tioning site with wetiand,riparian and upland habitats. Each habitat requires a level offamiliarlty and ex- pertise that our staff from the ground labor crews to upper management bring to the job site. The water management techniques employed during the first year of maintenance are vital for the projecCs success. Our operators,laborers,and foreman are trained in plant identification and work closely with biologists to be aware of the sensitive plant species and the fauna that are present During the establishment of the newly restored areas,Natures Image implemented an adaptive management approach to ensure site success. On this site we utilized very little aquadc-approved herbicide since the project was hydroseeded. Our primary defense for the weeds was weed eaters and hand pulling. Our proficient crews are confident before they pull a plantto Identify it as an invasive. In addition,with careful site observation we were able to avoid areas during nesting season If a bird was nesting nearby. Great care was taken to eradicate the invasive non- natives while simultaneously nurturing our native materials. 6) Marsh vegetation species maintained on the site included Western Cottonwood,Sandbar Willow,Black Wil- low,Arroyo Willow and Red Willow. Natures Image removed the Invasive species and the site is beginning to re-establish ecosystem function. By performing the planting and seeding we established nutrient retention and biotic interaction back to the disturbed area. These functions are crucial for sustainability and the re- sistance to invasion by exotic non-natives. Each of our staff and crew are passionate about creating these sustainable environments. 7) For the Mason Parkjob we worked under five environmental permit requirements. The permits included the California Regional Water Quality Control Board,Depa.to ent of the Army,United States Fish&Wildlife Service Biological Opinion,California Department of Fish&Game Streambed Alteration Agreement,and the California Coastal Commisslon permit All of these are found under Section D Permits in the specifications. The aforementioned permits dealt with minimizing adverse impacts to aquatic and biological resources asso- ciated with the projec&construction,operation and maintenance. The permits were for compensatory miti- gation measures and other environmental commitments to satisfy all legal requirements and to ensure the project was not contrary to the public interest As the contractor we had to thoroughly comply with each permit during the course of work We also ensured our subcontractors for earthwork and electrical were compliant as well. Natures Image followed all labor laws for classifying employees,OSHA requirements for safety,Stam of California pesticide laws and regulations,the water district rules and guidelines for water connection,County of Orange plans and specifications and our own standards for completing a successful and professional job. Additionally,the Least bell's vireo and California gnat- catcherwere found in the supporting native species. The Southwestern pond turtle,the homed lizard,orange-throated whiptail,ringneck snake,northern red-diamond rattlesnake,southwestern willow flycatcher,burrowing owl and11 Western least bittern have a potential to occur on the project site and are iden- `. t/ tified species in the NCCP. -. _ S.Md .We Mllowflycohher Qnatures Image page 11 of 22 u PAST PERFORMANCE 1) Project: Matilija Dam Invasive Species Removal - The dam was originally constructed by the Ventura County Flood Control to supply water for agricultural uses,surrounding communities, and provide flood protection downstream The Matilija Data has had many adverse effects on the stream ecology and wildlife since it was erected in 1947. It Is 198 feet tall and is located approximately 16 miles from the Pacific Ocean and just over a r/a mile from the Matilija Creek in the City of Ojat The site covers 1,274 acres and 14.9 river miles. Over the dams lifespan It has built up enormous volumes of sediment behind the dam losing the ma- jority of its water storage function. The inability for the sediment to move downstream because it is blocked by the dam has resulted in downstream erosion. The obstruction has caused detrimental loss of Southern steelhead trout because It is blocking their spawning grounds. Additionally massive loss of riparian habitat causing a de- crease in native plant and animal species. Our initial contract the Madlija Dam Ecosystem Restoration Project (Spec: WP07-18 and Project No: 81916) was one of the first components of the greater Matilija Dam decommissioning. The purpose of the intensive inva- sive species removal is to substantially reduce the abundance and r distribution of Invasive plants with a primary focus on Giant Reed III (Arundo dont).This species is especially problematic because It consumes vast quantities of water, displaces native vegetation and wildlife,and exacerbates flooding, erosion and fire hazards. The goal by removing the invasive is for the recolonization of native vegetation. Additional functionality for water quality, reduction of flood and fire hazards will also be vastly improved. This project was the first component, of one of the largest dam restoration projects in the United States. Natures Image removed 1,200 acres of Arundo donax, Tamarisk and Castor Bean with on-going mainte- nance retreatments. Treatment included applying herbicides,masticating with heavy equipment hand re- moval, chipping and disposal of the invasive plant material. The removed vegetation was pulverized into small fragments less than 4 inches in length.Heavy equipment used for mechanical shredding/mastication included Hydro-Ax with Fecon Brush Hog Mulching Head, Barco with Fecon Brush Hog Mulching Head, Reach lifts,Vermeer chippers,chainsaws and weed eaters. The project included scheduled follow-up treat- ments. Change Orders were issued to extend the term of the contract and perform additional retreatments beyond the original scope of work The projectwas completed on schedule and within budget Arundo the dominant specles in 2007 After the Arundo is removed natures Image page 12 of 22 12 PAST PERFORMANCE Matilija Dam Invasive Species Removal Natures Image met all permit requirements, protected the waterway, conserved existing habitat,worked safely,and met all the client's needs. 2) Client:Ventura County Water Protection District 11251-B Riverbank Drive,Ventura,CA 93004 Dennis Kanthack at(805)672-2125 Original Contract Amount: $3,332,853.99 Final Contract Amount $3,395,420.30 3) Location:Ojai,California 4) Duration:August 2007-September 2012 5) Scope: mance-1,200 acres were maintained free of Arundo,Tamarisk,Castor bean and other inva- sive species. Retreatments were performed at scheduled timeframes,ranging from 80-140 days between treatments. We were able to efficiently spray the non-native species without harming native materials and prior to the non-natives setting seed. Proper plant identification by our experienced crews avoided dis- turbing native species and the habitat is coming back naturally without the invasive species present The pictures on the previous page show how well Natures Image worked around the native species. 6) During this project the habitat communities we worked in included riparian,willow scrub,marsh and up- land species. 7) This project reveals how well Natures Image supported the Ventura County Watershed Protection District In meeting their environmental requirements in a cost efficient manner. The deterioration of the site from invasive species has been halted and the site is reestablishing ecosystem function. These functions are cru- cial for sustainability and the resistance to invasion by exotic weeds. The wildlife is now able to utilize the riparian and wetland habitats. Once the dam is physically removed the Southern Steelhead trout will be able to resume using their historical spawning grounds. The cost for our work was well below the engi- neers estimate. Working in environmentally sensitive habitats is what Natures Image staff does each and everyday. Each spedfic project site has its own guidelines to follow. Understanding the importance of each particular envi- ronment is critical for its success. We believe it is just as important to have experienced staff that are used to working around protected fauna and flora Our staff maintain a true respect for the environment in which they are helping to create. The list of special status species for the Matilija environment included 3 fish species,2 amphibians,5 reptiles,28 birds,and 2 mammals. The riparian habitat is beginning to thrive after the removal of the invasive species and is excellent habitat for the Southwestern willow flycatcher and least Bell's vireo. Challenges that were faced on this project included heavy rain events and community concerns over their watershed. The project was very large scale and many local citizens were concerned about herbicide af- fecting the creek and water table The water was regularly tested during our entire performance and con- sistently yielded zero contamination. In the winter we were delayed due to unusually heavy rains that swelled the river and lake. Severity of the invasive infestations varied throughoutthe project Presence of native plants and wildlife had to be addressed daily and work modified around those sections. The degree of intermixing of invasives species with the sensitive habitats was a constant task to overcome. Accessibil- ity to different parts of the jobsite to remove the invasives and its proximity to water were constant obsta- cles on the site.However each challenge was overcome and we stayed on schedule and budget natures image page 13 of 22 13 Corporate Data Corporation Type-S Corporation Established in 1995 Federal ID-33-0689073 DUNS No:94.3017640 CAGE Code-1NE76 Territory: California,Arizona&Nevada Certifications t ""f"d Women's Business Enterprise National Council(WBENC) a,AK , No: 2005115179 California Public Utilities Commission (CPUC) Supplier Clearinghouse No: IOBS0017 Small Business Certification(SB)-Dept of General Services No: 15579 Small Business Administration Women-Owned Small Business(WOSB) Coalition of Southern Califomia Public Agencies Certified Small Business No: 19155 Port of Long Beach-The Network Certified Small Business N0: 10095 County of Los Angeles-Community Business Enterprise Certified Women Business No:83369 Certified Project Managers,Pollution Control Managers&Landscape Irrigation Auditors Licenses California Contractors License Board (CSLB) No: 720513 Arizona Registrar of Contractors No: 168366 Nevada State Contractors Board No: 0052677 Pest Control Business License No: 30751 Pest Control Advisor License No: 75497 Qualified Applicator License No: 104228 NAICS Codes 562910-Remediation Services 238910-Site Preparation 115112- Soil Preparation&Planting 238990-Specialty Trade Contractors 115310-Activities for Forestry 237990 -Other Heavy&Civil Construction 561730-Landscaping Services Qnatures Image page 14 of 22 14 Highlighted Services RESTORATION CONSTRUCTION Experienced in creating and enhancing habitats throughout the West,our associates have dealt with the unique challenges presented by the diverse landscapes of our area. Chaparral,scrub, desert, grasslands,marsh,riparian,wetlands,woodland,and vernal pools all require a level of experience and expertise that our staff provides. Each project has a unique set of requirements and we look at each component individually to develop the best plan and most effective method to complete the cli- Enhancement L Mitigation Site clearing&Preparation Irrigation design and Installation Revegetation Erosion Control Seed Imprinting BMP Installation Hydroseeding SWPPP Compliance Plant Salvage Aquatic Planting 44 ply ti� �IYI �+ natures image page 15 of 22 15 INVASIVE SPECIES/EXOTIC WEED REMOVAL Our crews are experienced in chemical,manual and mechanical methods of weed removal and con- trol for large projects or small. Our staff includes licensed Pest Control Advisors, Qualified Applica- tors,and Certified Applicators.All have experience in eradicating Arundo donax(Giant Reed),Brassi- ca sp.(Mustard),Centaurea solstitialis(Yellow Star Thistle), Cortaderia sp. (Pampas Grass), Cynara cardunculus (Artichoke Thistle),Ehrharta sp. (Veldt Grasses),Lepidium latifolium(Pepper Weed), Ricinus communis (Castor Bean),Tamarix sp. (Tamarisk),as well as many other species of exotic in- vaders.Our concern for protecting the existing native species while eradicating the invasive pests makes us unique among pest control companies. Weed Abatement Arundo donax Herbicide Applications Tamarisk Pepperweed Giant Reed Yellow Star Thistle Castor Bean Pampas Grass M Artichoke Thistle Veldt grass All other invasive species aw- s ° et QRS Y� N Y ~ y . Ali ov ' ti w natures Image page 16 of 22 15 IRRIGATION DESIGN &BUILD The cornerstone of many restoration projects is the irrigation design and installation. This is an area where valuable dollars can be saved while not compromising the integrity of the project goals. Our decades of restoration experience allow us to develop and properly execute an efficient irrigation sys- tem engineered by our CAD designers and irrigation specialists. Natures Image will work with you to build an irrigation system for the specific habitat communities that are being restored with the under- lying goal of sustainability. Irrigation Installation Irrigation Design&Build Water Management T . � Y Tit 1 natures image page 17 of 22 17 RESTORATION MAINTENANCE Natures image deploys dedicated maintenance crews with extensive experience maintaining native habitat installations.We understand the criteria for successfully maintaining precious native habitats and have been instrumental in the cultivation of hundreds of successful restoration projects. We strive to sign projects off early for the best benefit of the client [Plant Establishment Maintenance g-Term Short-Term k� x r f12[UfCS IfT12g8 page 18 of 22 to SEED IMPRINTING one of the first companies to offer imprinting as a low cost alternative to hydroseeding,we still are at the forefront of imprinting innovation.We have designed,and supervised the manufacture of our im- printers,including the truly unique slope imprinter.We offer reliable seed application in areas that hydroseed trucks cannot access;where water is not available; and on very large acreage where im- printing is more economically feasible than traditional hydroseeding methods. Slope Imprinting Designed, Developed &Operate our own slope imprinter r t YS5_ - . _,• L natures Image page 19 of 22 19 WEED ABATEMENT our crews are experienced in a variety of weed abatement contracts. Contract types include trail maintenance, fuel modification,mastication,mowing.discing, channel clearing and detention basins. We have worked for an assortment of agencies such as the City of EI Cajon,City of LaCanada Flintridge,City of Riverside, City of San Diego,Moreno Valley Fire Prevention Bureau and Caltrans. Weed Abatement Discing Mowing Handwork Detention Basin Hauling Debris Fuel Modification Hazard Reduction Channel Clearing ,~ l; 4 Y natures i ,,,,,,,,,,,,mage Page 20 of 22 20 ADDITIONAL SERVICES Our crews have installed trapping arrays for biological surveys in remote locations throughout the West We have installed and removed linear arrays,T-arrays and Y-arrays with several different types of traps,for several different species.We Install trapping arrays based on the biologist's design and target species. Natures Image has installed literally miles of critter fencing,also known as exclusion fencing,designed to keep native species out of harms way on construction sites.Road and pipeline construction projects,among others,require crews capable of responding quickly to install and re- move these fences.We have installed fences designed to contain or exclude amphibians,mammals and reptiles. Rapping Arrays Critter Fencing Tortoise Fencing }• � ri: ;L ) -! vgy natures Image page 21 of 22 21 SOME OF OUR CLIENTS The following is a partial client list of local,state,and federal agencies that Natures Image,Inc.,has worked with: + Southern California Edison(SCE) + The Gas Company + Shea Homes + Lennar Homes + K.Hovanian Homes + US Bureau of Reclamation + US Fish&Wildlife(USFW) + US Forest Service(USFS) + US Army Corps of Engineers(ACOS) + National Oceanic Atmosphere Administration(NOAA) + California Department of Fish&Game + California Department of Parks&Recreation + California Department of Transportation(Caltrans) + California Department of Water Resources + The Nature Conservancy + Resource Conservation Districts + Santa Ana Watershed Association + Santa Ana Watershed Protection Authority + Ventura County Watershed Protection District + County of San Diego,Los Angeles&Orange,etc. + City of San Diego,Sacramento,Riverside,San Juan Capistrano and many more + University California San Diego page 22 of 22 22 •1 RECEIVED & associates, Inc. Landscape Constriction•General Engineering-Construction Management FEB 13 2013 11 February, 2013 DEVELOPMENT SERVICES CITY OF SAN JUAN CAPISTRANO Attn: Mr.William Ramsey 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Provision of Container Planting Services for the 2C Ranch/Trabuco Creek Habitat Restoration Project-Revision 02(Prevailing Wages Included) Dear Mr. Ramsey: Thank you for allowing us the opportunity to provide the following proposal for the above referenced project. Our proposal is based on the information set forth in the"Request for Proposals" for the "Provision of Container Planting Services for the 2C Ranch/Trabuco Creek Habitat Restoration Project"obtained through the City of San Juan Capistrano link sent in an email by Derek Ostensen on 12117112, RFP questions and answers sent via email by Derek Ostensen on 12/20/12 and jobsite visitation by our Vice President Kevin Kirchner, and me, Reid Dowden. We believe that with proper Installation per the provided detail and specifications, that the container plants per this contract will have a maximum survival rate ensuring this project to be a successful one. With 21 years experience in native habitat restoration, Nakae 8r Associates, Inc. understands the many components, sometimes fragile in nature, that need to be considered when installing native plants that will In time, eventually thrive In a non-irrigated native habitat, surviving only on natural supplemental rainfall. The success of a plants survivability starts with the knowledge of the grower and how their nursery practices during the contract growing period affects the strength of the rootball and foliage when ready to plant In the ground. In this case, it is understood that Tree of Life Nursery will be the contracted grower who happens to be our preferred contact in native plant procurement. We have worked well with Tree of Life Nursery throughout the years helping make us successful in our endeavors. Next, when a plant is ready to be installed in it's native habitat, holes have to be dug deep enough so when the plant is Installed and backfilled, the earth below the rootball is 'de-compacted' and will promote deep root growth in years to come, which is crucial In a native plants survival on natural rainfall. Each plant pit will receive a 16-6-8 'Bio-Pak' by Reforestation Technologies which provides the right nutrients for native plantings in Southern California soils. After installing a watering basin around each plant, each pit will be soaked with water ensuring the right amount of compaction and moisture needed for the plants survival. Finally, before turning the plant over to maintenance, a 3" layer of mulch will be placed within each basin per spec. We at Nakae&Associates, Inc. understand that this project must be installed in a timely manner (see attached Project Schedule) and believe that the City of San Juan Capistrano can meet the goal of installing the project in one (1) months time by utilizing our sizable and knowledgeable crews. ATTACH M ENT 4 11 159 JEFFREY ROAD• IRVINE,CALIFORNIA 91We 440799.=5 • FAX 949.786.2585 LIC. #575728 i f Wf!&Eassiodates, Inc. LmWpe ConamMm•Genval ErGMmtm•Con%Mx m MawSemmm•M P�b.s:s?za Page 2 of 4 2C Ranch/Trabuco Creek Habitat Restoration—cont. Scope of Work I. 15 Gallon Container Planting 184 ea.) A. Materials 1646-8 Fertilizer`Bio-Paks..................................................................$ 17.00 PlantBasin Mulch..............................................................................$ 40.00 MaterialsSubtotal..............................................................................$ 57.00 B. Labor 15 Gallon Plant Installation................................................................$ 2,230.00 Install Plant Basin Mulch....................................................................$ 95.24 LaborSubtotal...................................................................................$ 2,326.24 15 Gallon Plant Total: 84 @$28.36 ea............................................$ 2,382.24 II. 5 Galion Container Planting(287 ea.) A. Materials 1646-8 Fertilizer`Bio-Paks..................................................................$ 59.00 PlantBasin Mulch..............................................................................$ 79.00 MaterialsSubtotal..............................................................................$ 138.00 B. Labor 5 Gallon Plant Installation..................................................................$ 3,556.00 Install Plant Basin Mulch....................................................................$ 280.95 LaborSubtotal...................................................................................$ 3,836.95 5 Gallon Plant Total: 287 @$13.85 ea............................................$ 3,974.96 page 2 of 20 I T&%Eassioclatesv Inc. Landscape Camnuawn•General&Vn"r"•CorjUw.#n Managemeg•Lk.Mo.575728 Page 3 of 4 2C Ranch/Trabuco Creek Habitat Restoration—cont III. 1 Galion Container Plantin (27.479 e A. Materials 16-6-8 Fertilizer'Bio-Paks..................................................................$ 5,610.00 PlantBasin Mulch..............................................................................$ 3,346.00 MaterialsSubtotal..............................................................................$ 8,956-00 S. Labor 1 Gallon Plant Installation..................................................................$228,277.00 Install Plant Basin Mulch....................................................................$ 28,214.14 LaborSubtotal...................................................................................$256,491-14 1 Gallon Plant Total: 27,479 @$9.66 ea...............................................$266,447.14 IV. RosepoA/Liner Planting 060 ea. A. Materials 1646-8 Fertilizer'Blo-Paks'.................................................................$ 1,460.00 PlantBasin Mulch..............................................................................$ 433.00 MaterialsSubtotal..............................................................................$ 1,893.00 B. Labor Rosepot/Liner Installation................................................................$ 19,871.00 Install Plant Basin Mulch....................................................................$ 6,407.00 LaborSubtotal...................................................................................$ 26,278.00 Roe"t I Liner Total:7,150 @$3.94 ea.........................................$ 28,171.00 TOTALBASE BID........................................................................................$299,975.33 page 3 of 20 - _IIWq�Eassociates, Inc. IeMvpvCmYvuM•CmnY frylneeMB'Fnf W[,IenAWagnMM Lk.No.515),8 Page 4 of 4 2C RanchlFrabuco Creek Habitat Restoration—cont. Specific Exclusions • Permits and fees. • Repair or replacement due to force majeur, vandalism or negligent acts by others, detrimental soil conditions. • Grading of any kind. • Export or import. • Trash removal and/or removal of hazardous materials (If encountered). • SWPPP and Sand erosion control devices of any kind. • Performance or payment bonds. • Fencing or signs of any kind. • Electrical of any kind. • Site preparation or herbicide applications of any kind. • Seeding. • Irrigation system(s). • Repair of existing irrigation systems. • Water meters and cost of water. • Watering of plants after installation. • Survival of plants after installation. • Plant replacements. • Cost of plants. • Plant flags.To be supplied by the City of San Juan Capistrano. • Plant staking. • Soils tests, soil preparation and plant pit amending. • Any mulch other than mulch at plant pit basins. • Access to planting areas.To be provided by the Project Manager. • Monitoring or reports of any kind. • Maintenance of any kind. Note This proposal Includes all costs to complete the scope of work as mentioned in the 'Request for Proposals" for the `Provision of Container Planting Services for the 2C Ranch/Trabuco Creek Habitat Restoration Project' and is valid for 90 calendar days. If after 90 calendar days the job has not been awarded, all efforts will be made to see that the above proposed amount does not increase in cost. If you have any questions regarding our proposal, please contact me at (949)7860405. Sincerely, Kevin P. Kirchner page 4 of 20 q�& associates, Inc. lands Consuwtlon•General Engineering�Const=flon Msnngement LABOR & EQUIPMENT RATES "Non" Prevailing Wage ITEM RATE/PERIOD Labor Project Manager $ 75.00 /hour Su edntendent $ 70.00 /hour Operator _ $ 50.00 /hour Foreman $ 40.00 /hour _ Crew Leader $ 30.00 /hour Laborer $ 23.00 /hour *'Operated Rates' 'Trencher'O orated' $ 85.00 /hour Tackhoe'O erated' $ 75.00 /hour 'Ski loader'O orated' $ 65.00 /hour *Dump Truck'D erated' $ 65.00 /hour 'Water Truck'O rated' $ 65.00 /hour_ 'DC 80 Dozer'Operaled'(wlboom sprayer) $ 125.00 /hour '750 HL Wheel Loader $ 100.00 /hour '8840 Farm Tractor'O rated' $ 120.00 /hour "Bare Rates' —Super-Cab Pickup wnoo galsprayer) $ 150.00 /day **Pick-up Truck $ 50.00 /day —Compressor $ 125.00 /day **Wacker $ 75.00 /day "100-Gal.Sprayer $ 100.00 /day "Hand Tiller $ 100.00 /day _ "Arrowboard $ 75.00 /day "Irrigation Trailer $ 50.00 /day "4x4 Mule $ 50.00—/day **Auger Attachment $ 10.00 /hour w'8' Disk Attachment $ 25.00 flour •"14'Mower Attachment $ 25.00 /hour "81'Tiller Attachment $ 25.00 [hour "Flail Mower Attachment $ 25.00 /hour Other Dump Fees $ 63.00 /ton Rates are good for twelve (12)months from date of proposal. ".LLYaa IwroWaw.rlOaGq✓Www.E .J 1120121 .W 11159)army ROAD• IRMNr,CALPORMA 9#&�y 84 (?9.0405• ux 949.786.2585 L¢. X575728 Pmol:Polam aCwweer PanWaSolarab xRend✓DaGmCmel4ow PrFFatbn hoed 9YdD :J.-1L13 D.W Daa11-03 C pl~Db:Fe W13 EtUnumr.ReM Daman _. — \tlWfw,f OIKYllpll "num 1W-JFmmy tem An 21.1-I.—I Ml JmuW'mm�FWUW itl hMVFNM1 FNrvW NE FMIWry 11N-feMuary lFM t Con Ww 'O d 0 N O) O N O PROJECT HISTORY Project: 1-15 Corridor Owner/Client: Wasatch Constructors Contact., Mr. Bruce Wilson, 801.886.0840 Location: Salt Lake City, Utah Scope of Work: Native revegetation of 500 acres with central controlled irrigation. Contract Amount: $16,000,000.00 Completion: 2002 Project: San Joaquin Hills Transportation Corridor Owner/Client: California Corridor Constructors/Karleskint-Crum Inc. Contact: Mr. Curt Boutwell, 805.543.3304 Location: Route 73, Orange County, CA Scope of Work: Design, constructibility review, installation and maintenance of: 150 acres CSS, 15 acres of oak woodland, 24 acres riparian habitat, 2 acres salt water marsh, cactus and dudleya salvage, 600 acres erosion control, 100 acres irrigated ornamental landscape. Contract Amount: $18,000,000.00 Completion: 1997 Project: Black Gold Golf Course Owner/Client: Aera Energy LLC/City of Yorba Linda Contacts., Ralph Warrington, 714.577.9276 Jim Smith, 714.961.7170 Location: Yorba Linda, CA Scope of Work: 50 acres CSS revegetation and maintenance, 6 acres wetland.creation 1 maintenance. Contract Amount: $1,000,000.00 Completion: 2005 Project. Hawks Pointe—Fullerton/La Mirada Owner/Client: Pulte Homes Contact. Mr. David Hutchins, 949.330.8600 Location: Fullerton, CA and La Mirada, CA Scope of Work: Cactus, dudleya, duff/topsoil salvage & 50 acres of CSS habitat restoration. Contract Amount: $2,360,000.00 Completion: 2008 Project: Bonita Canyon Spillway Mitigation Owner/Client: The Irvine Company Contact: Mr. Bill Martin, 949.551.2300 Location. Newport Beach, CA Scope of Work: 6 acres of: CSS restoration, riparian restoration, dudleya relocation and maintenance. Contract Amount. $125,000.00 Completion: 2002 Project: Eastern Transportation Corridor Owner/Client: Transportation Corridor Agency Contact: Ms. Valarie McFall, 949.754.3475 Location: Route 241/261, Orange County, CA Scope of Work. Native habitat maintenance for: 340 acres CSS creation, 45 acres riparian, oak woodland, chaparral beargrass and dudley corm transplanting and maintenance. Contract Amount: $3,900,000.00 Completion: on-going page 7 of 20 i i PROJECT HISTORY (Continued) Project. Vulcan Materials Company @ Pala, San Bernardino, Oro Grande& Colton Owner/Client: Vulcan Materials Company-Western Division Contact. Mr. Douglas Sprague, 323.474.3215 Location: San Bernardino County, CA Scope of Work. CSS/chaparral/oak woodland revegetation, maintenance of existing and recently completed sites. Contract Amount: $600,000.00 Completion: on-going Project: Coyote Canyon Owner/Client: Transportation Corridor Agencies Contact., Ms. Valerie McFall, 949.754.3475 Location: Newport Beach, CA Scope of Work. 18 acres of coastal sage scrub revegetation, maintenance. Contract Amount. $292,000.00 Completion: 2000 Project: Ford Road Extension Owner/Client: Transportation Corridor Agencies Contact: Mr. David Lowe, 949.754.3488 Location: Irvine, CA Scope of Work: Creation of 4 acre wetlands/coastal sage habitat. Contract Amount: $200,000.00 Completion: 1995 Project: PA 27 and 17 Needlegrass Creek Conservation Area Landscape OwnerlC/ient: Irvine Community Development Company Contact: Mr. Bill Martin, 949.551.2300' Location: Irvine, CA Scope of Work. Riparian, freshwater marsh, oak woodland and native grassland restoration/creation. Contract Amount: $1,382,000.00 Completion: on-going Project. Ladera Ranch Artichoke Eradication for 2001 through 2011 Owner/Client: DMB Ladera, LLC/'RMV Realty, Inc. Contact., Ms. Laura Coley Eisenberg, 949.240.3363 Location: Orange County, CA Scope of Work: 550 acres of artichoke eradication Contract Amount: $225,000.00 Project: Puente Hills Habitat Preservation Authority Owner/Client: Puente Hills Landfill Native Habitat Preservation Authority Contact: Ms. Andrea Gullo, 562.945.9003 Location: Various sites within PHHPA jurisdiction Scope of Work. Native habitat restoration. Contract Amount: $2,450,000.00 Completion: on-going page 8 of 20 PROJECT HISTORY (Continued) Project: Strawberry Field East/West Disposal Site CSS Owner/Client Irvine Community Development Company Contact., Mr. Bill Martin, 949.551.2300 Location: Irvine, CA Scope of Work 31 acres of CSS creation, maintenance. Contract Amount $1,157,000.00 Completion: 2009 Project Arroyo Trabuco Golf Course Owner/Client: Rancho Mission Viejo Company Contact: Ms. Laura Coley Eisenberg 949.240.3363 Scope of Work. 71 acres of: CSS, riparian,and native grassland restoration and maintenance. Contract Amount $1,900,000.00 Completion: 2009 Project: Back Bay View Park Owner/Client: Irvine Community Development Company Contact: Mr. Bill Martin, 949.551.2300 Location: Newport Beach, CA Scope of Work: City Park including hardscape, irrigation and landscape utilizing California native plants. Contract Amount $1,389,000.00 Completion: September 2005 r Project. Owens Lake Dust Mitigation Owner/Client CH2MHILL/ L.A.D.W.P. Contact: Margot Griswold, 323.735.3225 Location: Lone Pine, CA Scope of Work: Saltgrass/wetland installation 400 acres. Contract Amount: $360,000.00 Completion: 2004 Project: Owens Lake T-30 Managed Transmontane Akalai Meadow Owner/Client: L.A.D.W.P. Contact: Margot Griswold, 323.735.3225 Location: Lone Pine, CA Scope of Work: Seeding, planting 40 acres. Contract Amount: $94,350.00 Completion: November 2006 Project. SR-125 Owner/Client: OtayRiver Constructors Contact: Mr. Chuck L'Heureux, 619.397.7578 Location: San Diego, CA Scope of Work: Native species salvage throughout project limits prior to grading activities, and native habitat restoration of ten acres. Contract Amount. $1,233,000.00 Completion: 2011 page 9 of 20 PROJECT HISTORY (Continued) Project: SVUSD Field Renovation Projects 2005,2006&2011 Owner/Client: Saddleback Valley Unified School District Contact: Mr. Ken Scardone, 949.580.3251 Location: Orange County, CA Scope of Work: Field renovations — sixteen (20) schools, approximately 2.6 million square feet. Work included; removals, site preparation, grading, irrigation, sod, ballfields and miscellaneous planting. Contract Amount: $4,200,000.00 Completion: 2011 Project: Walnut Hills Habitat Mitigation Owner/Client: Standard Pacific Corporation Contact: Mr. Michael Battaglia, 949.789.1752 Location: Walnut, CA Scope of Work: 62 acres of CSS restoration and 64 acres of oak/walnut woodland restoration and maintenance. Contract Amount: $4,620,946.00 Completion: 2013 Project: Laguna Canyon Road Wetlands Mitigation Owner/Client: County of Orange Contact: Mr.Tim Nguyen, 714.567.7829 Location: Orange County, CA, Route 133 Scope of Work: 20 acres of riparian, freshwater marsh and CSS habitat restoration and maintenance. Contract Amount. $1,643,044.00 Completion: 2014 Project: Brightwater Habitat Restoration Owner/Client: Hearthside Homes Contact: Mr. Brian Bartlett, 949.250.7700 Location: Huntington Beach, CA Scope of Work: 32 acres of native grassland, CSS and tarplant restoration and maintenance. Contract Amount: $1,258,000.00 Completion: 2013 Project: Upper Chiquita Reservoir Site Vegetation Clearing, Oak Tree Protection and Cactus Salvage Owner/Client: Santa Margarita Water District Contact: Mr. Bart Lantz, 949.459.6504 Location: Trabuco Canyon, CA Scope of Work: Vegetation clearing, fencing, cactus salvage and transplanting including; 830 large and small rooted cactus clumps, 6,050 stem sections and pads. Contract Amount. $350,000.00 Completion: 2009 page 10 of 20 PROJECT HISTORY (Continued) Project: NROC EEMP Restoration Project Ownerl0ent Nature Reserve of Orange County Contact: Ms. Kristine Preston, PhD, 949.453.3326 Location: Irvine, CA at UCI Scope of Work: Site preparation of 7.6 acres, transplanting of 100 prickly pear 'clumps', harvest and installation of 7,750'pads'and maintenance. Contract Amount $271,318.00 Completion: on-going Project: NROC CACW Habitat Linkage Restoration Owner/Client: Nature Reserve of Orange County Contact: Ms. Kristine Preston, PhD, 949.453.3326 Location: Irvine, CA and Laguna Beach, CA Scope of Work: Site preparation, salvage and installation.of 2,970 prickly pear'pads'and 260- 1 gallon prickly pear and chollas, seeding and maintenance. Contract Amount. $38,435.00 Completion. on-going page 11 of 20 RUSSELL NAKAE 9609 Canyon Mesa Drive Las Vegas, NV 891441524 EDUCATION: College: Sierra College, California State University- Hayward, California State University—San Luis Obispo Course(s)studied: Ornamental Horticulture Special education relating to current business activity or employment: Estimating, Construction Management BUSINESS & PROFESSIONAL EXPERIENCE: Company: Nakae&Associates, Inc., Irvine, CA from 02/84 to Present Landscape and General Engineering Contractor in California. Primary work is freeways, Public Works and design-build projects. Position: President Projects: 1984 —Las Flores Canyon (Santa Barbara County, CA). Design-build native restoration project for offshore oil staging, storage facility. 1989 —Moorpark (Ventura County, CA). Wetland creation for freeway construction by California Department of Transportation (CalTrans). One of CalTrans'first successful wetland creations. 1993 to1997 —San Joaquin Hills Transportation Corridor (Orange County, CA) design-build toll road in California. 600 acres of revegetation including 158 acres of Coastal Sage Scrub Habitat creation and 25 acres of wetland and salt water marsh creation. Federal Highway Administration Award for Environmental Excellence. Currently maintaining over 2000 acres of native habitat. 1997 to 2002— 1-15 Corridor Reconstruction (Utah). 500 acres of freeway landscape; revegetate landscape using native species of plants; establish plants with granular soils instead of topsoils; worked with local Universities to develop plant pallets and seed mixes; introduced central control irrigation to UDOT. Company: Karleskint-Crum, Inc., San Luis Obispo, CA from 00169 to 01/84 Landscape and General Engineering contractor with work in California, Nevada and Arizona. Jobs consisted of Public Works, Private Work and freeway landscape. Position: Corporate Vice President Responsibilities: Corporate Vice President, Branch Manager in charge of all branch activities including purchasing, estimating, marketing, scheduling, installation Note: I have 33 years of freeway landscape and 20 years of design-build experience. I have worked both as a subcontractor and as a general contractor on numerous projects since 1970. 1 have completed projects under the watchful eyes of the California Department of Transportation, Arizona Department of Transportation, Utah Department of Transportation, US Army Corp of Engineers, US Fish & Wildlife Services and other State and Federal regulatory agencies. My firm has created various habitats in environmentally sensitive areas. Our projects have always met or exceeded performance standards imposed by the Agencies. PROFESSIONAL REFERENCES: Available Upon Request. page 12 of 20 KEVIN P. KIRCHNER 19 Drover Court Trabuco Canyon, CA 92679 EDUCATION: College: Saddleback Community College Course(s)studied: General Education Special education relating to current business activity or employment: Training Courses — Dynamics of Supervision/Time Management; License — Qualified Applicator/Pesticide Use "Department of Pesticide Regulation"; CPR/1$' Aid Certified; CLCA "Certified Landscape Technician", C27 License, State of California. BUSINESS &PROFESSIONAL EXPERIENCE: Company: Nakae&Associates, Inc., Orange Co., CA from 07/94 to Present Position: Vice President/General Manager/Project Manager Responsibilities: Administration, Purchasing, Scheduling, Quality Control, Coordination of Projects, Change Orders, Safety Administrator, Human Resources, Monthly Billing, Tracking Job Costs, Documentation/Correspondence, EEO Officer, QAL License Holder. Projects: See attached "Project History" list. Company: Valley Crest Landscape Inc., Pleasanton, CA from 07/93 to 07/94 Position: Superintendent Responsibilities: Supervision of Multiple Crews, Scheduling, Organizing, Safety, Material Ordering, Equipment Scheduling, Documentation. Company: Bemus Landscape Inc., Orange Co., CA from 08/92 to 07193 Position: Superintendent Responsibilities: Supervision of Multiple Crews, Scheduling, Coordination with Owner's Representatives, Scheduling Subcontractors, Quality Control, Turnovers. Company: California Landscape Inc., Orange Co., CA from 06/82 to 08192 Position: General Superintendent Responsibilities: Supervise/Schedule of Multiple Crews (Commercial and Custom Residential Projects), Purchasing, Safety Officer, Scheduling Subcontractors, Change Orders. PROFESSIONAL REFERENCES: Available Upon Request. page 13 of 20 MANUEL GUTTIERREZ 13109 Rancho Bernardo Street Hesperia, CA 92344 I EDUCATION: Special education relating to current business activity or employment: Certified CPR/1 at Aid Care Provider BUSINESS&PROFESSIONAL EXPERIENCE: Company: Nakae&Associates, Inc., Orange Co., CA from 1995 to Present Position: Superintendent Responsibilities: Schedule and Supervise Installation, Irrigation and Weeding Crews; Employee Training; Monitoring Seed, Root and Plant Development; Determination of Irrigation Needs Through Moisture Probing; Conducts On-Site Progress Walks with the Project Biologist; Responsible for Preventive Maintenance Program and Safety Meetings; Maintains Quality Control; Completes Observation Reports. Projects: See attached"Project History" list. Company: Bemus Landscape Inc., Orange Co., CA from 1989 to 1993 Position: Landscape Foreman Responsibilities: Installation of Irrigation and Landscape. Company: CalWest Nurseries Inc., Orange Co., CA from 1985 to 1989 Position: Irrigation Foreman Responsibilities: Installation of Irrigation Systems. PROFESSIONAL REFERENCES: Available Upon Request page 14 of 20 ROBERT K.JOHNSON PO Box 155 Trabuco Canyon, CA 92678-0155 EDUCATION: College: Saddleback Community College, University of CA- Irvine Course(s)studied: Computer Science, Landscape Architecture Special education relating to current business activity or employment: Maxicom Authorized Operator, Certified Water Auditor, SWPPP Trained— IECA, CPR115'Aid Certified BUSINESS & PROFESSIONAL EXPERIENCE: Company: Nakae&Associates, Inc. from 07194 to Present Position: Project Manager/Superintendent Responsibilities: Eleven years experience in design-build freeway landscape; experienced in habitat restoration, creation and maintenance. California Certified Water Auditor and Authorized Rainbird Maxicom and Rainmaster Central Control Operator. Projects: See attached "Project History"list. Company: Bemus Landscape Inc., Orange Co., CA from 12/93 to 07194 Position: Superintendent Responsibilities: Schedule Labor, Equipment,Labor, Material, Subcontractors on Multiple Jobs. Company: Capistrano Gardens Landscape, Orange Co., CA from 01/91 to 11/93 Position: Site Superintendent Responsibilities: Schedule and Install, Oversee Subcontractors. Company: Valley Crest Landscape Inc., Orange Co., CA from 06/90 to 12190 Position: Foreman Responsibilities: Landscape Installation. Company: Bemus Landscape Inc., Orange Co., CA from 01179 to 05190 Position: Foreman Responsibilities: Landscape Installation. PROFESSIONAL REFERENCES: Available Upon Request. page 15 of 20 aclates, Inc. 1 Qualifications Nakae &Associates, Inc. is a licensed landscape and general engineering contractor. During our twenty-seven years in business, we have created and maintained several thousand acres of native revegetation, landscape, orchards, and environmentally sensitive projects. All of our projects have shared very high success rates meeting special criteria required by various governing agencies and clients. Success cannot be determined by price, but by the unique performance challenges of each project. Our years of experience have given us the knowledge and capability to meet or surpass strict performance standards. There must be a comprehensive understanding of site conditions, soil conditions, weather patterns and individual plant performance and needs. Owners, biologists and contractors must work together, attuned to the uniqueness of each project. Most contractors are reluctant to accept full responsibility because with responsibility comes liability. However, we at Nakae & Associates, Inc. accept the responsibility necessary for the success of our projects. Our adaptive management style is a trademark of Nakae & Associates, Inc. This philosophy allows us to continually fine-tune and improve operations. Sensitive to specific site conditions, we adjust our resources and approach to quickly respond to both the project's and client's needs. As a specialist in our field, we are capable of performing under all circumstances. We identify and share common goals with our clients, building trust and confidence. Nakae & Associates, Inc. is proud of its hard-won reputation In the industry, earned through experience, optimal performance and professionalism. We honor the enduring relationships shared with our clients. Each project we undertake reflects our dedication and commitment to quality. Current and past projects have proven our methods of installation and maintenance to be quite successful. We consistently go the extra mile to ensure the success of our work. Touring any of our projects demonstrates the difference between Nakae&Associates, Inc. and our competitors. A comment we often hear from local governmental agencies, industry professionals and clients is, "Nakae & Associates, Inc. isnot your typical contractor". Pride and dedication is reflected both in our service to clientele and in our employees. You can be assured that Nakae & Associates, Inc. is readily available whenever needed, whether it be onsite on short notice, assisting in emergency situations, or providing time-sensitive consultation services. We continually strive to greater heights of excellence and our track record and references speak for themselves. Our firm has extensive in-house resources at our disposal including equipment facilities and manpower. In Irvine, we maintain a generous yard with ample storage, "owned" construction vehicles and equipment and a staffed mechanic shop. Using our own equipment for projects Increases flexibility and project efficiency. Our bonding capacity ranges to $20 million dollars and it is worthy to note that we have never been assessed liquidated damages on any project. We hold title to all our equipment, and have excellent credit, maintaining and outstanding reputation with our vendors for prompt payment. Nakae's projects have involved more than 1,300 acres of design/build installation at a cost of $44,000,000. Many of the projects have stringent time restrictions with liquidated damages of up page 16 of 20 to $250,000 per day if the project is not completed on time. Nakae & Associates, Inc. has never been assessed any liquidated damages during its entire history. Based on our industry experience and available resources, Nakae &Associates, Inc. is confident that we have the expertise and knowledge needed for successful projects. We feel well qualified to meet and exceed the mitigation requirements of your project. Our firm appreciates this opportunity to present our proposal for evaluation. We trust you will find Nakae & Associates, Inc. qualified to accept the challenge of your project and we welcome the opportunity to continually make your projects successful. OFFICE LOCATION Nakae and Associates, Inc. 11159 Jeffrey Road Irvine, CA 92602 Phone: 949-786-0405 Fax: 949-786-2585 Email: ocstaff@nakae.com License#575728 C-27, A MANAGEMENT STAFF President: Russell Nakae Secretary/Treasurer: Patricia Nakae Vice President/General Manager. Kevin Kirchner Project Manager/Superintendent: Robert Johnson Project Superintendent: Manuel Gutierrez page 17 of 20 LIST OF REFERENCES 1. Public Agencies TRANSPORTATION CORRIDOR AGENCY Mr. David Lowe, 949.754.3488 125 Pacifica, Suite 100 Irvine, CA 92618 COUNTY OF ORANGE Mr. Tim Nguyen, 714.567.7829 1152 E. Fruit Street Santa Ana, CA 92701 PUENTE HILLS HABITAT PRESERVATION AUTHORITY Ms. Andrea Gullo, 562.945.9003 7702 Washington Ave., Suite C Whittier, CA 90602 SADDLEBACK VALLEY UNIFIED SCHOOL DISTRICT Mr. Ken Scardone, 949.580.3251 25631 Peter A. Hartman Way Mission Viejo, CA 92691 CITY OF SAN CLEMENTE Mr. Ken Knatz, P.E., 949.361.6139 910 Calle Negocio, Suite 100 San Clemente, CA 92673 CITY OF LAKE FOREST Mr. Luis Estevez, 949.461.3485 25550 Commercentre Drive, Suite 100 Lake Forest, CA 92630 2. Consulting Firms NEWFIELDS AGRICULTURAL & ENVIRONMENTAL RESOURCES Dr. Margot Griswold, 323.735.3225 2116 Arlington Avenue, Suite 301 Los Angeles, CA 90018 LSA ASSOCIATES, INC. Mr.Art Homrighausen, 949.553.0666 20 Executive Park, Suite 200 Irvine, CA 92614 GLEN LUKOS ASSOCIATES, INC. Mr. Tony Bomkamp, 949.837.0404, ext. 41 29 Orchard Lake Forest, CA 92630 MR. TERRY COTTEN, 559.568.2101 22876 Avenue 204 Strathmore, CA 93267 page 18 of 20 i LIST OF REFERENCES (Continued) PACIFIC HORTICULTURE Mr. Don Rodriguez, 805.641.3931 3352 Loma Vista Road Ventura. CA 93006 3. Developers IRVINE COMMUNITY DEVELOPMENT COMPANY Mr.Bill Martin, 949.551.2300 550 Newport Center Drive Newport Beach, CA 92658 RANCHO MISSION VIEJO COMPANY Ms. Laura Coley Eisenberg, 949.240.3363 28811 Ortega Highway San Juan Capistrano, CA 92693 PULTE HOMES Mr. David Hutchins, 949.330.8600 27101 Puerta Real, Suite 300 Mission Viejo, CA 92691 4. Suppliers JOHN DEERE LANDSCAPES Mr. Ed Starbuck, 951.642.2691 1772 Reynolds Avenue Irvine, CA 92614 IMPERIAL SPRINKLER SUPPLY Mr.Wally Goan, 949.456.0028 1485 N. Manassero Street Anaheim, CA 92807 TORO IRRIGATION SYSTEMS Mr. James Sieminski, 805.527.4498 1825— 123 Surveyor Avenue Simi Valley, CA 93063 TREE OF LIFE NURSERY Ms. Gene Ratcliffe, 949.728.0685 33201 Ortega Highway San Juan Capistrano, CA 92693 S &S SEEDS Ms. Jody Miller, 805.684.0436 PO Box 1275 Carpinteria, CA 93014-1275 page 19 of 20 i INSURANCE COVERAGES Nakae&Associates, Inc. respectfully submits the following insurance information. We can provide additional insured coverage, primary wording and waiver of subrogation as needed. Agent: ASSOCIATED INSURANCE SERVICES, INC. Mr. Michael Cresswell, 805.495.4634 600 Hampshire Road, Suite 210 Westlake Village, CA 91361 Policies: A. Commercial General Liability Liberty Surplus Insurance Corporation $2,000,000.00 B. Umbrella Liability Liberty Surplus Insurance Corporation $10,000,000.00 C. Automobile Liability Golden Eagle Insurance Corporation $1,000,000.00 D. Worker's Compensation Golden Eagle Insurance Corporation $1,000,000.00 E. Professional Liability New Hampshire Insurance Company $1,000,000.00 page 20 of 20 (r� Jwan 324W PASEO AOELANTO {/ i MEMMRRCF ECII C.CIL SAN JUAN CAPI9TRRN0,CA 82876 (949149}11;1 sAM AUUNAM (949)4931053 Rwx I uuuu x,1961 ROY Rr U.M.9 ""'Sanyanrap'tr[IRO.O,y Ini UMY KPN/Efl R DEREK Rf. A JOAN TARCR NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, March 19, 2013, in the City Council Chamber in City Hall, to consider. "Consideration of a Personal Services Agreement for the Installation of California Native Plants for the 2C Ranch- Trabuco Creek Habitat Restoration Project (CIP 11204, 11205, 11206 and 13201) (Pacific Restoration Group, Inc.)" — Item No. D9. If you have speck 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 Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, March 18, 2013, 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 tumed 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 William A. Ramsey, Assistant Development Services Director. You may contact that staff member at(949)443- 6334 with any questions. The agenda, including agenda reports, is available to you on our web site: www.san4uancapistrano.org. 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: cityclerk(&sani ua ncapistrano.oro. Maria Morris, CMC City Clerk cc: Natures Image; Nakae and Associates, Inc.; Pacific Restoration Group, Inc. San.hmly Capistrano: Pltwerving the Past to F•nhancc the Faerre