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HomeMy WebLinkAboutJ. SMITH & T. MULI, INC.INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES y-2`-25 CLERK OF COUNCIL DATE: JUN 0 8 2022 N-2022-159 AGREEMENT TO PROVIDE LAKE ENGINEERING SERVICES I�WA�O.RAntire�& Mnvia t)lh�) 2 THIS AGREEMENT is made and entered into this 20th day of May, 2022 by and between J. Smith & T. Muli, Inc. ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of lake engineering services for the Centennial Park Lane Renovation Project. B. Consultant represents that it is able and willing to provide such services to the City. C. hi undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement the services that are described in the Scope of Work, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit A. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed Forty -Nine Thousand Eight Hundred Ninety -One Dollars and Zero Cents ($49,891.00). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2023, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to two (2) additional one-year periods upon a writing executed by the City Manager and City Attorney. Page 1 of 9 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Page 2 of 9 a. Minimum Scope and Limit of Insurance Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Broader Coverage: if the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least Page 3 of 9 as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theConsultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (S) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (S) years after completion of work. Page 4 of 9 8. Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 5 of 9 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement Page 6 of 9 shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: J. Smith & T. Muli. Inc. 33161 Camino Capistrano, Suite-D San Juan Capistrano, CA 92675 Attn: Jonis Smith, PE A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Page 7 of 9 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be Page 8 of 9 determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: randon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL &k Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA KRUSTINE RIDGE City Manager CONSULTANT 7 V flnisS,7niT:rE� i sS res id _it residei Page 9 of 9 EXHIBIT A J. SMITH 101 T. M U L I April 26, 2022 Mr. David Ramirez Associate Engineer PWA Engineering City of Santa Ana 20 Civic Center Plaza; M-36 Santa Ana, CA 92701 (714) 647 — 5641 d ra m i re z P s a n t a -a n a. o re PRN:22012 Subject: City of Santa Ana Centennial Park Lake Site Civil — Bid and Construction Services Proposal David, J. Smith & T. Muli, Inc. respectfully submits this proposal to provide Lake Engineering Services for the Centennial Park Lake Renovation Project. The following scope of work is intended to provide the engineering services necessary to get the construction documents ready for public bid. The following scope of work represents the anticipated services necessary to advance the construction documents for Centennial Lake from where they stand today to bid ready documents. Scope of Work Task 1: Construction Document Review and Certification Lake Renovation Plans A. 1S&TM will review Plans, Specifications and Estimates (PS&Es) prepared by Dudek for the Centennial Park Lake Renovation Project. B. JS&TM will document necessary revisions and changes to plans to meet current City, County, State health and safety codes. We will discuss the changes with City staff and then make the agreed upon changes to the plans and specifications. C. 1S&TM will review the plans to ensure the design meets the current state of the practice for lake design and the specified equipment and materials are currently available. We will consult and advise City of Santa Ana staff on any recommended and necessary revisions to plans and specifications. D. After revisions and changes are made JS&TM will process the plans for final approval and a licensed Civil Engineer from JS&TM will sign and stamp the plans as the Engineer of Record. Lake Construction Specifications E. JS&TM will prepare the Special Provision portion of the Construction Specifications and Contract Documents suitable for bidding and awarding of the Contracts for the civil engineering improvements. The special provisions will be incorporated into the Client's standard construction specification document package. The City of Santa Ana shall provide JS&TM with a standard "boiler plate" document and a sample bid package for consistent formatting. This work item specifically excludes development of the "boiler plate" portions of the specifications. F. JS&TM will prepare a bid "take off" (estimate of quantities) for the proposed improvements. Bid quantities will be broken down into discreet items of work for the contractor bid sheet(s). Centennial Park Lake Site Civil— Bid and Construction Services Proposal Task 2: Construction Cost Estimate Update A. After revising the Plans and Specifications, JS&TM will revise and update the Centennial Lake Renovation Project construction cost estimate so that the construction cost estimate is consistent with the revised plan set and reflects current market unit costs for materials and labor. Task 3: Bid Support Services JS&TM staff will provide bid support services to the City of Santa Ana to assist City staff with bidding of a non-traditional project. JS&TM will provide the City with bid support services necessary to prepare a bid package. The anticipated services include: C. Attendance at pre -bid meeting and leading of technical portion of meeting to describe work to be performed by contractors and answering questions provided conference attendees D. Timely response to bidder requests for clarifications and questions by bidding contractors Task 4: Construction Support Services 1S&TM staff will provide the City of Santa Ana with the following construction support services: Construction Observation and Administration A. JS&TM will attend the pre -construction meeting with the selected Contractor, Contractors subs, Client and members of the Project Team and provide a walkthrough of the construction documents and answer questions. B. 1S&TM will provide timely response to Requests for Information (RFIs) C. 1S&TM will provide timely review of manufacture literature/specifications submittals and provide clear response/direction to contractor on how to remedy identified deficiencies in the submittal D. JS&TM will provide timely review of shop drawings and material submittals by the contractor or equipment vendors/manufacturers for compliance with design drawings and specifications. E. JS&TM will provide technical support, details and additional calculations for clarifications or modifications to original design drawings as requested by the City. F. JS&TM staff will attend contractor construction site meetings to provide input on technical matters and to observe planned and reported construction progress and document relevant discussion topics G. JS&TM will provide site visits two (2) days per week for construction observation during active construction of the proposed lake improvements. The site visits will be conducted to provide detailed construction observation. After each site visit, JS&TM will prepare a Construction Observation Report documenting observed construction activities, construction site notes, site photos, observed construction deficiencies, to document deficiencies or construction document non-compliance issues observed while on site. We have assumed the lake active construction period will be 18-consecutive weeks for purposes of estimating hours required to provide construction observation services. H. Upon resolution of observed deficiencies and non-compliance issues JS&TM will provide the City with an Engineer's Certificate of Completion for the Lake Renovation portion of the project. J. SMITH 2 April 26, 2022 T. MULL Centennial Park Lake Site Civil — Bid and Construction Services Proposal Lake Startup I. JS&TM will provide project start-up observation and technical support. JS&TM will work with City of Santa Ana construction staff, City of Santa Ana site operational staff, construction contractors, and mechanical equipment representatives to get the lake systems operational and functioning consistent with the system design intent. ReGQFd wiwgs J I99 Tin .OH' PFePaFe "D......r.d Drawings" of the Lake Rene. atien Oreject using RStr CtiG . n1;ger....ti..R Rat..s aR d phat..s aR d as Wilt 44AFFARti AR pFe.:,deal by the a r..,.t..r Task 5: Meetings, Consultation, and Coordination As the Engineer of Record, JS&TM will provide consultation to guide the project through the final construction document revisions and changes and permitting process. We will maintain the project basemap and coordinate design changes with other consultants to ensure effective communication amongst all consultants. JS&TM will also lead project meetings and provide consultation to the City staff on the lake and lake related issues, City consultants, and reviewing agencies at the Client's direction. The purpose of these meetings may include a review of the progress of work included in this Contract, or consultation and discussion needed on project issues. This task also includes in -person or online meetings/conferences as necessary with the same parties forthe above -mentioned purposes. 1S&TM has budgeted approximately 24 man-hours toward coordination, meeting attendance, and consultation. Optional Services Task -A: Lake Manager - Extension of Staff Services JS&TM will provide professional Lake Manager Services to the City of Santa Ana to lead/guide and train City staff in the proper management and maintenance of the renovated lake. The Lake Manager will be responsible for implementing the policies and programs adopted by the City of Santa Ana for Centennial Park Lake in addition to the following: 1. Supervise lake maintenance and management tasks handled by City of Santa Ana park and recreation department staff and/or City contractors 2. Obtain weekly lake water quality samples and lake operational data to document and compile weekly lake functional data, lake ecosystem data, and lake water quality data. Obtain monthly lake fill water data to monitor and track lake water usage. Create a functional database of observed and measured data to assist in observing trends and potential problems and to inform future lake management decision making. 3. Manage lake fishery— manage fish stocking cycle, identify fish species to be stocked, negotiate stocking fees, and manage fish stocking contractors 4. Implement and manage community lake sport fishing programs 5. Manage the lake ecosystem to maintain optimal fishery health for sport fishing and recreation 6. Manage the lake water quality system to maintain optimal perennial water quality. This involves adjusting the water quality system based upon measured and observed water quality and fishery and ecosystem health 7. Work with concerned public agencies to ensure compliance with appropriate codes, rules and regulations 8. Work with City of Santa Ana residents to resolve issues and concerns regarding the lake. J. SMITH 3 April 26, 2022 -I��-6,— T. M U L I Centennial Park Lake Site Civil— Bid and Construction Services Proposal 9. Supervise and train personnel required for the lake programs, lake maintenance, and lake management 10. With the approval of the City of Santa Ana, enlist the services of specialized consultants and/or testing laboratories to help carry out the lake program 11. Recommend changes in lake policy or rules and regulations 12. With approval of the City of Santa Ana and an operational budget, initiate expenditures to acquire equipment, supplies, and materials as required to manage the lake 13. Prepare annual operational budgets for Centennial Lake Payment of Project Related Expenses and Fees The Client will pay all agency fees, permit fees, submittal/plan check/review fees, and service/connection fees directly. Proposed Fee JS&TM has prepared the following fee estimate for the scope of services described above. Our fee estimate is predicated on the assumptions listed throughout this proposal. . Am rssk: 1 CnvheNan Oea:wm, Pertevaed CeMM1nGen r C - P. LiiO C C..•��P:am. Ptav Pea:nen: a _ -� ..3 • '9 3 fl6ap -Plan v�ny:"s"'3tvvP Z. -T�_ •5 fi:0 J • J S 6E0 C prv.e .. _ .. - • Ep •S 3.Ip0 S 3.Ipp Prepare 3peni[,novi _ _ e • PreP^0itl sneee,:l - 2 f9mhoYlun4rtEGmLe tiPiO CptlLe CevrmiNcv CeR Emma[e tfi t6 � 3. •$ 19v0 S 1960 3 9W Svpp9JI5eJHm .'^iWgaciupvame � PS - S _ __ •S S __ C: Pre9ldMeem6Pwvpavvn _ _ - --.-. -.. S S 3_t_U -PequeSfvalvN/CWfintioo peaPm..� '- ,t0 J J •S b`0 C • S 62p J v,aSvppmfin�Im vv Meeen80'b^P•v^n S _ vvcRUN J •S >p 6E0 ry e --- --a JO ( f /3p i b ItalMmtantl Peagvtt - 3 A99 S 9 . 11 vl h ttil dP po e E 9 S . E � �.( mse, n bdon<.rNemd�a fl I _. s.. 2 ' s u.w C 56v nYee�gNrt tl _ 18 _ _ _ IB s U90 S i]90 C Obssm4 tl p .tivg T ! S B3]0 S 43)0 fngfv Y [N9ofe f PI _ 3 3 s J65 � S MS Prvfett5tv1up 3uPPvrt _�_ a __ _. ' _ EJ S 9]0 I3 3R0 �f S i MtttivRCounW®>adtmdlm0vn Mttvngs/Coniu:uvon/<vortlmanuv `! • _J •S i:% S 3]`A - - Nbb,al• 140 � Ipp • • 6.. • EO • 16 • E98 �S J6.190'5 P,o�MMag ml __i_L_4WW_Pm_M_M_gml • . S J.I9 QA/QCto S ill. S 'n N � vol 93lmt The fee shown for this Scope of Work is a fixed fee. The Client will be billed monthly on a percentage completion basis (% Complete) a fee not to exceed $49,891.00. Clarifications and Assumptions All services to be provided as a part of this contract agreement are explicitly stated in the scope of work of this proposal. No other services are included or implied. The following scope of work clarifications are provided to eliminate any ambiguity. • Tasks shown in StFikethFGUgh text are not included in this scope of work. These services can be provided under an augmented agreement. 0ilJ. SMITH 4 April 26, 2022 -S&- T. M U L I Centennial Park Lake Site Civil— Bid and Construction Services Proposal • We have assumed the Centennial Lake Renovation Project construction period will be 18- consecutive weeks of active construction. • Electrical Engineering Plan modifications and Electrical Engineer services are not included in this scope of work • Geotechnical Engineering Services are not included in this scope of work • Lake Survey, Construction Survey/Staking services are not included in this Scope of Work. • Lake Manager services are optional services that are not included in the contract fee provided. These services will be provided under a separate or augmented agreement at our standard hourly rate commensurate with our annual Standard Rate Schedule at the time of executing an agreement for those services. • All fees including, but not limited to, plan checkfees, reviewfees, service/connection fees, grading permit fees, application fees are to be paid by the City of Santa Ana. Anticipated Delivery Schedule We anticipate receiving a notice to proceed (NTP) and starting the project immediately. Our anticipated schedule of project progression is provided below: Milestones NTP Issuance Construction Document Review Completed Plans and Specs Consultation Meeting Plans and Specs Revisions Completed Revised Construction Cost Estimate Bid Document Package Preparation Bid Support Construction Support Date May 2, 2022 May 5, 2022 May 10, 2022 May 27, 2022 May 31, 2022 3-Days after Plan Approval 30-days 18-weeks The Proposed Fee corresponds to our recommended Scope of Work and the Anticipated Delivery Schedule. If you have any questions or would like to discuss this proposal further, please do not hesitate to contact either me or Tim Mull at your convenience. Jonis Smith can be reached at 949.212.0916 or ismith@istminc.com. Tim Muli can be reached at 949.378.0632 or tmuli@istminc.com. Thank you and we look forward to working with you. Sincerely, r J n' C. Smith PE, CFM, QSD/P, Env SP Principal JS&TM Tim M. Mull, PE, CFM, QSD/P, LEED AP Principal JS&TM J. SMITH T. MULI April 26, 2022 Digitally signed by Tort Pierson Tori Pierson Date:3032.05.1110:07:13 DT 00 ACOR& CERTIFICATE OF LIABILITY INSURANCE DAM(MM/DDNYYY) 04/29/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA 5 Concourse Parkway Suite 2150 PRON o Ea . (888) 202-3007 FAX E-MAIL ADDREss: conlact@hiscox.com INSURERS AFFORDING COVERAGE NAICk Atlanta GA, 30328 INSURERA: Hiscox Insurance Company Inc 10200 INSURED J. Smith & T. Mull, Inc. DBA Infrastructure Engineering Group 33161 Camino Capistrano INSURER B : INSURER C: INSURER D : D INSURER E: San Juan Capistrano, CA 92675 INSURER F COVERAGES CERTIFICATE NUMBER: RFVIs1nN NNMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY UP MMIDO LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I -XI OCCUR Y UDC-5151630-CGL-22 04/29/2022 04/29/2023 EACH OCCURRENCE $ 1,000,000 DAMAGE RENTED PREMISES Ea occurrence $ 100,000 X GEN'L X MED UP (Any one person) $ 5,000 I Primary &Noncontdbutory PERSONAL&ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER POLICY 0 ;EC'T LOG OTHER: GENERALAGGREGATE $2,000,000 PRODUCTS-COMP/OPAGG s SIT Gen. Agg $ AUTOMOBILELIABILDY ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY UDC-5151630-CGL-22 04/29/2022 04/29/2023 COMBINED SINGLELIMIT Ea eodd.rd $ X BODILY INJURY (Per person) $ BODILY INJURY (Par accident) $ PROPERTY DAMAGE Per accident $ CGL HNOA Limit (car occur rence $ 1,000,000 UMSRELLAUAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNEWEXECUTWE OFFICE(Mandatory InN RE%CLUDEDI (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached if more space is required) The City of Santa Ana, its officers, employees, agents, volunteers and representatives as additional insured (a), and is primary on non-contributory Management Division 20 Civic Center Plaza Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ©1988-2015 ACORD CI ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD HISVOX Hiscox Insurance Company Inc. Policy Number: UDC-5151630-CGL-22 Named Insured: J. Smith & T, Muli, Inc. DBA Infrastructure Engineering Group Endorsement Number: 1 Endorsement Effective: April 29, 2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - AUTOMATIC STATUS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any per- son(s) or organization(s) for whom you are performing operations or leasing a premises when you and such person(s) or organize- tion(s) have agreed in writing in a contract or agreement that such person(s) or organiza- tions) be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to lia- bility for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing opera- tions; or 2. In connection with your premises owned by or rented to you. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations or lease agreement for that additional insured are completed. wina.�„wonx� Rener�6Aarnw®Br eiTau �rcwo.: MOW=ea<ca".,�am"aA��iane CGL E5421 CW (02/14) Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACOR& CERTIFICATE OF LIABILITY INSURANCE lla.� DATE(MM/OONYYY) 04/29/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA PHCNN (888) 202-3007 FAX Not AIC 5 Concourse Parkway Suite 2150 EMAIL ADDRESS: contact@hiscox.com INSURFRYSI AFFORDING COVERAGE NAIL# Atlanta GA, 30328 INSURER A: Hiscox Insurance Company Inc 10200 INSURED J. Smith & T, Mull, Inc. IDEA Infrastructure Engineering Group INSURER a: 33161 Camino Capistrano INSURER C: INSURER D : D San Juan Capistrano, CA 92675 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMRER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSO SUER VIVID POLICYNUMBER POLICY EFF MMIDD)YYYV1 POLICY EXP (MMIDDICCTO LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ NTED PREMISES Ea occum PREMISES Ea occu,renw $ MED EXP (Any one person) $ PERSONAL&ADV INJURY $ AGGREGATE LIMIT APPLIES PER: POLICY JECOT LOG GENERALAGGREGATE $ GEN'L PRODUCTS -COMPIOP AGO $ $ OTHER: AUTOMOBILELIABILITY COMBINED SINGLE LIMIT Ee accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident ( / $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTYDAMAGE Per accident $ UMSRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ WORKERS COMPENSATION IPER OTH- ANDEMPLOYERS'LIABILITY YIN STATUTE ER E.L. EACH ACCIDENT $ ANYPROPRIETORIPARTNERtEXECUTIVE OFFICE(Mandatory NIA E.L. E.L. DISEASE -EA EMPLOYEE $ in NH) (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Professional Liability Y UDC-5151630-EO-22 04/29/2022 04/29/2023 Each Claim: $ 1,000,000 Aggregate: $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The City of Santa Ana, its officers, employees, agents, volunteers and representatives as additional insured (s), and is primary on non-contributory City of Santa Ana, Risk Management 20 Civic Center Plaza Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE .^°"•b. Rbk Mvngvnvd Dist n RtvialED&AfPRodmSr. / ® %du 2%ri'wan Inc dORR-DO'15 ACflRD r, ' ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD HISCOX Hiscox Insurance Company Inc. Policy Number: UDC-5151630-CGL-22 Named Insured: J. Smith & T, Mull, Inc. DBA Infrastructure Engineering Group Endorsement Number: 2 Endorsement Effective:April 29, 2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy, pro- vided: 1. you have agreed in a written contract or agreement to add such additional insured to a policy providing the type of coverage af- forded by this policy; and 2, you have agreed in a written contract or agreement with such additional insured that this insurance would be primary and would not seek contribution from any other insur- ance available to the additional insured. Rid Mwgm tDi REmI 6 Mwwm ar: CGL E5581 CW (03/16) Includes copyrighted material of Insurance Services Office, Inc., with its permission CITY OF SANTA ANA RISK MANAGEMENT a d6Wa4ea e6 HUMAN RESOURCES Managing Risk nrromgh Posildw Change Affidavit of Exemption for Workers' Compensation Insurance Jonis Smith, PE / President (Name/Title) following declaration: hereby affirm under penalty of perjury, the I certify on behalf of J. Smith &T. Muli, Inc. that during the term (Consultant/Company Name) of my contract for Lake Engineering and Consulting services with the City of Santa Ana, (Type of service provided) will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. Date: May 9, 2022 Print Name: Jonis Smith Print Title: President Signature: Amn Telephone: 949.329.3639 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. ,,,, RatMog�eaoam� iau �iaaar I:\Risk Mgmt\Insurance Requirements\Affidavit of Exemption for Workers' Compensation Insurance 2(