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Home My WebLink AboutJ SMITH & T MULI, INC. (2)INSURANCE ON FILE WORK MAY PROCEED A-2023-115 UNTIE If�If�ANCE EXPIRES CITY CLERK DATE: AGREEMENT TO PROVIDE AQUATIC ENGINEERING SERVICES FOR �. ?Wp( �21 THORNTON PARK LAKE RENOVATION PROJECT BETWEEN Y. rA THE CITY OF SANTA ANA AND J SNHTH & T MULI, INC. THIS AGREEMENT is made and entered into on this 20th day of June, 2023 by and between J N Smith & T Muli, hie. ("Consultant"), and the City of Santa Ana, a charter city and municipal N corporation organized and existing under the Constitution and laws of the State of California co ("City"). 0 —' RECITALS A. As set forth in Request for Proposal ("RFP") No. 22-151, issued January 27, 2023, the City desires to retain a Consultant to provide aquatic engineering services, including, but not limited to, the following: a thorough environmental study assessment, preparation of recommendations, development of a comprehensive rehabilitation plan, and preparation of design services for the Thornton Park Lake Renovation Project. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In 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 all services described in the "Scope of Work" that was included in RFP No. 22-151, which is attached hereto and fully incorporated herein by this reference as Exhibit A, as well as all services further described in "Consultant's Proposal", which is attached hereto and fully incorporated herein by this reference as Exhibit B. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Consultant's "Fee Proposal", which is attached hereto and fully incorporated herein by this reference as Exhibit C. The total amount to be expended under the Agreement shall not exceed $325,000.00 during the term of this Agreement, including any extension periods as set forth in Section 3 below. This sum is comprised of (1) the base amount of $289,947.00 and (2) a contingency fund in the amount of $35,053.00, which is exercisable at City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper Page 1 of 10 invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for wort, which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on June 20, 2023 and end on June 19, 2026, with the option for the City to grant up to two (2), one-year extensions of the Agreement, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 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 subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor 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 Page 2 of 10 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. INSURANCE Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Minimum Scope and Limit of Insurance (1) 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 aggregatelimit 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. (3) 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 $2,000,000 per occurrence or claim, $2,000,000 aggregate. (5) 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 Page 3 of 10 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 1185 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 as broad as ISO CG 20 0104 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. (5) 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: If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • 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 (5) years after completion of work. Page 4 of 10 (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, contractors, 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, its subcontractors, agents, employees, or other persons acting on its 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 2792.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 5 of 10 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, 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 interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Page 6 of 10 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided 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. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 is not embodied herein. 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 which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 16. 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(s) 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 which fails to meet the standard of performance specified in the Recitals of this Agreement. Page 7 of 10 17. 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. 18. 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 determined and governed by the laws of the State of California. Both parties farther 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. 19. 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. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement 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 Page 8 of 10 With courtesy copies to: Nabil Saba, P.E. Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax:(714) 647-5635 To Consultant: Jonis Smith, Principal J Smith & T Mali, Inc. 33161 Camino Capistrano, Suite D San Juan Capistrano, CA 92675 Email: jsmith@jstmine.com 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 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. [signaturepage to follow] Page 9 of 10 SIGNATURE PAGE FOR AGREEMENT TO PROVIDE AQUATIC ENGINEERING SERVICES FOR THORNTON PARK LAKE RENOVATION PROJECT BETWEEN THE CITY OF SANTA ANA AND J SMITH & T MULI, INC. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ♦ TTT OT. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: i'' onathan T. Martinez Assistant City Attorney RECOMMENDED FOR APPROVAL: a'- 9list. Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: - 74CA? J ni- Smith Pi:ncipat Page 10 of 10 EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA RFP NO.: 22-151 THORNTON PARK LAKE CIRCULATION STUDY & RENOVATIONS Appendix ATTACHMENT 1: SCOPE OF WORK CITY OF SANTA ANA RFP NO.: 22-151 THORNTON PARK LAKE CIRCULATION STUDY & RENOVATIONS SCOPE OF WORK Introduction and Back round: The City of Santa Ana is seeking an environmental/aquatics engineering firm to provide a thorough environmental study assessment, recommendations, develop a comprehensive rehabilitation plan and provide design services which will result in the provision of Contract Documents for the "Thornton Lake Circulation Study and Renovation " project. The plan should include but is not limited to plans to restore and rebalance the lake's mechanical and biological systems, addressing user behavior and implementation of future operations and maintenance. Thornton Park is a 32.83-acre outdoor recreation and nature preservation neighborhood park situated near the intersection of Segerstrom Ave and Bear St. The park is located at 1801 W. Segerstrom Avenue. The park offers picnic areas, a man-made 2-acre lake with a running stream, ball diamonds, a fitness court, hike/exercise trails and playground for tots and youth. Thornton Park is also the home of the George Upton All Access Park, which is a barrier free playground. Thornton Lake was constructed in the 1970's. The functionality of the lake and stream at the park are of high concern. A consultant is needed to do a preliminary research, inventory existing lake components, provide analysis and recommendation options for optimal renovations. The Scope of Work will involve an environmental/water engineering firm to conduct a thorough investigation of the existing conditions at Thornton Lake. Then developing those investigations to aid into the preparation of Contract Documents ("Plans & Specification") that address the mechanical and biological systems of Thornton Lake including but not limited to aeration, skimmers, recirculation pumps and piping, vault, fountain, education elements, biomedia, habitat creation and affected site work. The project construction budget is $2.5 million. Description of Work: Perform an environmental assessment to a 2-acre man-made lake, with that assessment providing recommendations, design engineering and contract documents to provide renovations to a lake. Include Contractor's license requirements Consultant Responsibilities: The Consultant's responsibilities shall consist of the following tasks: Consultant is responsible for providing assessments and all design and engineering as required for all components within the project scope of work. This includes but is not limited to survey, civil design, architectural design, structural design, interior design, electrical engineering, mechanical and plumbing engineering, etc. Consultant shall provide review sets in .pdf format. Final plans shall be provided in AutoCAD or MicroStation format, and .pdf format. Page 1 of 6 CITY OF SANTA ANA RFP NO.: 22-151 THORNTON PARK LAI{E CIRCULATION STUDY & RENOVATIONS Task 1: Research and Site Reconnaissance Data Collection: Meet on site with Public Works and Park Services staff to collect background information: • Discuss project objectives o Improve water quality control systems o Move towards implementation of biological maintenance approach o Improve lake aesthetics o Development of lake management program o Improvements to lake fishery and wildlife habitat o Use of an automated system Discussion shall include but not to be limited to o Existing pump functionality and location o Existing skimmer condition, type, quantity and location o Existing lake construction o Aeration/Circulation o Dreading o Historical information o Current problems, including algae, trash accumulation, stagnation, aesthetics, odors, and fish kills. o Operations and maintenance program o Adjacent irrigation which utilizes reclaimed water o Recreational use of lake and its considerations. Topics in study to include but not limited to o Safety improvements for lake maintenance personnel o Lake circulation improvements o Lake aeration improvements o Lake fishery improvements o Lake area wildlife habitat improvements/enhancements (waterfowl management guidance/recommendations) o Lake water use or seepage losses o A Lake Maintenance Manual to guide the Lake Manager and staff in the procedures, techniques of Naturalized Lake Management. Field Inspection: Conduct field inspection of overall lake system to verify data collection and provide additional data for baseline mapping. • Review existing equipment for function and efficiency: monitor pressure and flow including but not limited to: o Review power consumption records, as available o Review water usage o Review make up water source quantity e Observe outfall structures Review and analyze existing lake conditions and shorelines including but not limited to: o Observe water quality o Observe and test liner integrity Provide evaluation of potential project constraints and solutions. ➢ Deliverables from this task shall include a Preliminary Report, including a field site Reconnaissance memo which verifies the existing lake conditions and inventory of lake characteristics. Page 2 of 6 CITY OF SANTA ANA RFP NO.: 22-151 THORNTON PARK LAKE CIRCULATION STUDY & RENOVATIONS Task 2: Water Quality Sampling and Assessment/Report Consultant shall provide labor, equipment, materials and incidentals to collect a total of four water samples from two locations each; top and bottom water during a single date. Samples shall be used to: • Characterize water quality of the lake, estimate dissolved oxygen requirements and to identify potential nuisance problems including sulfides, algae and other pollutants. • Measure physical and chemical parameters including but not limited to dissolved oxygen, acid/base readings (pH, Total Alkalinity), temperature, oxidation-reduction potential, salts (chloride, conductivity, hardness). • Analyzed for water quality parameters as determined necessary, including nutrients like carbon, total nitrogen, total phosphorus, ammonia, sulfur, iron, and manganese compounds. Water clarity should also be identified including but not limited to turbidity, color total dissolved solids. • Preliminarily size, design, and layout the water quality system treatment train including up -flow media biological filters, wetland filters, vegetated wetlands, aerated artificial reefs, aquatic vegetation planting palette, and lake surface skimmers. o Provide efficient biological nutrient removal, chemical component removal, macro -pollutant removal (trash and debris). o The water quality system components will be sized to provide sufficient treatment capacity to maintain the circulation system water exchange rate/lake turn -over rate with adequate flexibility to adjust the system for perennial lake water quality condition variations. ➢ Deliverables from this task shall include a Water Quality Report which summarize the findings, and provide recommendation to restore water quality to optimal conditions. Water quality system sizing calculation results (included in study report) and exhibit showing recommended water quality system. Task 3: Survey and Analysis • Complete Hydrographic and Bathymetric survey to determine extent of debris accumulation • Complete Sedimentation Analysis • Complete Aquatic Vegetation Mapping ➢ Deliverables from this task shall include a color -coded bathymetry map. "x,y,z" data file, analyses, map, deliverables shall be submitted within 5 days of completion of the survey. Task 4: Lake Liner System Design • Complete a water balance analysis for the lake system including irrigation demands for the project to determine the total water requirements. Water demand analysis will evaluate water demands monthly for a total year period. A simplified water balance will be prepared that analyzes all the water inputs and withdrawals to determine the amount of "makeup water" required for the lake operation, as well as irrigation demands. The water entering from the project will include both nuisance and stormwater runoff. The analysis will evaluate both average year and dry year conditions. The soil analysis results will be used to develop design recommendations for reconstruction of the lake liner as determined from the water balance/seepage loss calculations and the hydrogeologic analyses. ➢ Deliverables from this task shall include Lake liner design recommendations (included in study report) and exhibit Page 3 of 6 CITY OF SANTA ANA RFP NO.: 22-151 THORNTON PARK LAKE CIRCULATION STUDY & RENOVATIONS Task 5: Evaluation and Recommendations Report Based on accumulated research and field review, conduct and prepare written evaluation of existing lake which identifies and analyzes problems and deficiencies related to the other health, lake ecology and water quality. Report shall include an evaluation of the lake geometry and natural lake characteristics that influence the operation of the system including: • Depth from temperature and sediment accumulation • Surface area and perimeter geometry • Circulation and edge erosion • Dominant wind direction • Dredging • Filtration system options, including pumps, skimmers, inlet locations, aeration The anticipated Water Quality Control System should include but is not limited to the following elements: • . Aeration System • Horizontal Circulation System • Aerobic Biofiltration System • Anoxic Biofiltration System • Aquatic Vegetation • Wetland Filtration • Lake Liner System • Fishery Stocking Plan • Artificial Reefs • Fish Spawning Areas • Naturalized Lake Maintenance ➢ Deliverables from this task shall include a technical report which summarizes and documents findings, recommendation options for types of "state of the art' circulation/aeration systems that will best help with management of lake quality, and related cost estimates for each. Task 6: Pre Design Engineering Preliminary design phase shall include meeting with City Staff to discuss evaluations report and draw conclusions for construction/renovation scope of work. Task 7: Design Development (60% Plans) Design development phase will involve development plans based upon Task 3-6 information and analysis. Plans shall also include preliminary civil, mechanical, electrical and plumbing engineering, and site construction as occurs, draft technical specifications and cost estimate. System improvements shall include, but may not be limited to: • Pump vaults (remove, replace, reconstruct) • Pump replacement • Skimmers: Replace and increase number • Aeration tubing, discs/pods replacement • New fountain jet and air compressor(s) installation (potentially with accent lighting) • New in -lake submerged biofrlter • Introduction of new aquatic vegetation (wetland planters) • New Biologic, wetland and /or aquatic vegetation filters Page 4 of 6 CITY OF SANTA ANA RFP NO.: 22-151 THORNTON PARK LAKE CIRCULATION STUDY & RENOVATIONS • New artificial reefs Employ measures to encourage growth of vascular vegetation ➢ Deliverables from this task shall include a 60% set of plans, draft outline specification and "Opinion of Probable Cost". Task 8: Construction Documents (90% and 100% Plans) Construction Documents (CDs) shall include finalizing plans and specifications from the Design Development phase. This includes the provision of detailed engineering and construction drawings that will serve as the basis for both bidding and construction by a general contractor. ➢ Deliverables from this task shall include 90% and 100% plans, final technical specifications, and finalized "Opinion of Probable Cost". • Contract Documents shall be reviewed at 90% and 100%. • Updated Cost Estimate shall be provided. Project phasing may need to be considered and • Contract Documents may need to be structured accordingly pending available construction funding. • Review sets shall be provided in .pdf format. • Final plans shall be provided in Micro station V8i format and .pdf format. • Technical Specifications shall be written using Microsoft Word. The City will provide the specification boiler plate to the Consultant. • Quantity calculations shall be provided for items that are applicable to this project, and prepare and provide cost estimates at milestone stages. • A list of contract pay items with the descriptions and estimated quantities shall be provided for inclusion in Bid Proposal and Definition of Bid Items of City Boiler Plate. • All plan sheets and the title sheet of the specifications, calculations and reports shall be signed and stamped, including license number and expiration date, by the Consultant's State of California Registered Professional Engineer responsible for the project. • Coordinate plan check with the City of Santa Ana and other agencies including but not limited to City of Santa Ana Public Works Design, Water and Construction Engineering Divisions, and Parks Recreation & Community Services Division, California Department of Fish and Game, the California State Department of Agriculture, Vector Control, National Pollution Discharge Elimination Permit (NPDES) and the California Regional Water Quality Control Board. . Plan Check & Permits: Construction drawings shall be in accordance with the 2022 California Building Code and will require review/approval by the City Planning and Building Agency. Plans shall be submitted at 90% completion for City staff review, and revised per City comments to produce a 100% complete construction drawing package. It is imperative that the consultant exercise care and completeness when implementing plan check comments, to keep project moving more as expeditiously as possible. The City will then conduct one more cursory review prior to obtaining all final approvals and signatures. The Public Works Agency Project Manager will coordinate the submittal and review process. Once complete, the consultant will revise the Contract Documents. Technical Specifications Technical specifications for all components listed above shall be provided by Consultant, or their Subconsultants, to the City in CSI (Construction Specifications Institute) format. Consultant shall coordinate Page 5 of 6 CITY OF SANTA ANA RFP NO.: 22-151 THORNTON PARK LAKE CIRCULATION STUDY & RENOVATIONS language between the general and technical specifications to ensure conflicts are minimized. City Staff will combine these specifications with the City Boiler Plate which together, will become the Project Manual. Final Opinion of Probable Cost Consultant shall provide updated opinion of probable construction cost which shall reflect finalized plans, materials, systems, details of construction, unit costs and known or anticipated changes in the bidding market relative to the project. A cost for lake operations for the recommendations including plans and concept level should be included. Should project scope exceed available budget, project plans/specifications will be phased as appropriate. Task 9: Bid Advertisement, Construction Administration, Record Drawings: Bid Advertisement Consultant shall provide support to the City during the Bidding phase by assisting with questions, requests for information/clarification, reviewing addenda or conflicts arising out of the bidding process within three (3) working days. Consultant shall also attend pre -bid meeting, if scheduled. Construction Administration Consultant shall provide support to the City during the Construction Administration phase by assisting with questions, requests for information/clarification, and/or reviewing submittals. Record Drawings /As -built Plans: Upon construction completion, consultant shall incorporate as -built information, as provided by the General Contractor, into the drawing files to provide record drawings for City archives. City Responsibilities: The City will be responsible for the following items: • Provision of available plans and existing documentation on file relating to the lake system and operation. • Provision of electronic design file with City title block and title sheet (24" x 36") • Provision of standard City boilerplate specifications. • Acting as a liaison with the appropriate decision -making bodies, as necessary. • Coordinate plan check within the City. • Fees including but not limited to plan check fees, review fees, permit fee, application fees. Fee Proposal: In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: Task 1: Research and Site Reconnaissance Task 2: Water Quality Sampling and Assessment/Report Task 3: Survey and Analyses Task 4: Lake Liner System Design Task 5: Evaluation and Recommendations Task 6: Preliminary Design Engineering Task 7: Design Development Task 8: Construction Documents Task 9: Bid Advertisement, Construction Administration, Record Drawings Total Fee: Page 6 of 6 EXHIBIT B CONSULTANT'S PROPOSAL PROPOSAL: THORNTON PARK LAKE CIRCULATION STUDY AND RENOVATIONS PROJECT RFP NO.: 22-151 J. SMITH & T. MULI INC. p J. SMITH 33161 CAMINO CAPISTRANO, SUITE-D SAN JUAN CAPISTRANO, CA 92675 0 JS&TM T. MU L I CA DIR# PW-LR-1000893931p p State of CA / USDOT Certified DBE# 50981 State of CA SBE # 2026784 -` JS&TM PRN: 23010 State of CA MBE# 22000400 Table of Contents A. Cover Letter........................................................................................................................................................1 B. Agreement Statement......................................................................................................................................3 ServiceAgreement................................................................................................................................3 FinancialResponsibility........................................................................................................................3 CompanyDisclosure.............................................................................................................................3 InsuranceRequirements......................................................................................................................3 C. Firm and Team Experience..............................................................................................................................4 SpecializedTraining..............................................................................................................................4 CompanyOverview................................................................................................................................4 Qualifications......................................................................................................................................... 5 OrganizationalChart.............................................................................................................................6 Resumes................................................................................................................................................ 6 D. Understanding/ Scope of Services................................................................................................................7 Scopeof Work....................................................................................................................................... 8 E. Relevant Project Experience.........................................................................................................................14 F. Schedule.........................................................................................................................................................17 G. References......................................................................................................................................................17 H. Fee...................................................................................................................................................................19 Appendix- A........................................................................................................................................................... 20 I. Figure-1 Proposed Lake Features................................................................................................................20 II. Figure-2 Project Schedule.............................................................................................................................20 III. Resumes......................................................................................................................................................... 20 IV. City Forms....................................................................................................................................................... 20 Thornton Park Lake Circulation Study & Renovations Page i A. Cover Letter February 28, 2023 Attn: Suzi Furjanic, AIA Associate Park & Landscape Planner City of Santa Ana, Public Works Agency 20 Civic Center Plaza, Santa Ana, CA 92701 sfurianic@santa-an a.orR Subject: Thornton Park Lake Circulation Study and Renovations Project Proposal J. Smith & T. Muli Inc (JS&TM) is pleased to provide our proposal for professional Lake Engineering services to the City of Santa Ana. Over the past 25-years, JS&TM staff have provided Lake Engineering and Lake Consulting services to municipalities, homeowners associations, golf course owners, and major builders such as City of Santa Ana, City of Costa Mesa, City of Escondido, City of Cerritos, Lennar Communities, Centex Homes, Highpointe Communities, Tejon Ranch and others. We are intimately familiar with Lake/Pond Design and Engineering procedures, regulations, and standards. Our Principal Engineer, Janis Smith, PE is uniquely qualified to provide lake assessments, develop lake renovation plans, and provide guidance to lake owners based upon his unique combination of education, training, personal interests, and experience. Mr. Smith was trained in the highly nuanced art and science of lake and water feature design and engineering by three (3) of the premier lake and water feature designers in the world: J. Harlan Glenn, Johan Perslow, and Kenneth R. King. There is no other lake engineer that has received direct training and worked with all three of these premier designers. Mr. Smith developed a design approach that takes the best of the designs that his teachers developed, combines them to create a superior design approach that betters their work, and then added his own techniques to create a design approach that results in superior water quality, maintainability, safety, and aquatic ecosystem health. Mr. Smith was also trained in the techniques and practices of lake management by Dave Glenn of Lake Management Inc, (LMI). Our combined 48-years of design experience has given us the opportunity to become very familiar with each phase of lake/pond development from planning through construction. We specialize in Lake/Pond Design, Engineering, and Construction. We have extensive experience reviewing lakes and designing renovation plans to transform lakes into valuable community assets. The Benefits of Working with JS&TM: The benefits to the city are lower consulting costs, timely project progression, a project that is propelled forward with adept know-how, and representation by a proficient consultant that will effectively abate project liability to the city. Contact Person: Our Principal, Jonis Smith, PE, CFM, QSD/P, Env SIR will be the primary contact to the city. His contact information is as follows: Jonis Smith, PE, CFM, QSD/P, Env SP 33161 Camino Capistrano, Suite-D Thornton Park Lake Circulation Study and Renovations Page 1 San Juan Capistrano, CA 92675 T: 949.212.0916 Email: ismith@istminc.com Key Individuals: Our Principal, Jonis Smith, PE, CFM, QSD/P, Env SP will be the primary contact to the city. He will be the working Project Manager and a Principal Project Engineer for all task orders assigned to JS&TM. Our Principal, Tim Mull, PE, CFM, QSD/P, LEED AP will serve as a supporting Project Engineer for the project. Mr. Smith and Mr. Mull are supported by group of contract designers and senior level engineers as well as our teaming partners. Teaming Partners: We have included our teaming partners on our team to provide the full spectrum of comprehensive services needed for this project. Our long-term teaming partners are Blue Mountain Development Inc. for Aerial Topography /Drone Survey, GIS Surveyors for Bathymetric Survey, Converse Consultants for Geotechnical Engineering, and Gerry Green Inc. for Electrical Engineering. We appreciate the opportunity to submit this proposal to the City of Santa Ana and are available to begin assigned tasks immediately. JS&TM has carefully reviewed this Request for Proposal (RFP) and we request no exceptions or deviations from the RFP, nor the sample contract documents. This proposal is valid for 180-days from the submittal date. Please do not hesitate to contact Jonis Smith, PE at 949.212.0916 / ismith @istminc.com or Tim Muli, PE at 949.378.0632 / tmuli@istminc.com should you have questions or require further information. Please send all notifications to both Jonis Smith, PE and Tim Mull, PE, who are both authorized to bind JS&TM. We look forward to the opportunity to discuss our proposal with the city staff in greater detail. Our office and mailing address is shown below: 33161 Camino Capistrano, Suite-D San Juan Capistrano, CA 92675 T: 949.212.0916 or 949.378.0632 https://www.ostminc.com/ Sincerely, JIQAI� Jo is kith, PE, CFM, QSD/P, Env SP Principal 42 Tirri Mull, PE, CFM, QSD/P, LEED AP Principal Thornton Park Lake Circulation Study and Renovations Page 2 B. Agreement Statement Service Agreement JS&TM takes no exceptions to the City of Santa Ana Standard Consultant/Contractor Agreement. • JS&TM assigns Jonis Smith, PE as the Responsible Representative • JS&TM assigns Tim Mull, PE to be the Alternate Responsible Representative • The Responsible Representative will perform the assigned tasks as part of this project. • Both Jonis and Tim will be responsible for all duties from contract negotiations through project completion. If Jonis Smith, PE is unable to continue with the project, then the Tim Muli, PE will become the primary representative. • JS&TM will provide necessary personnel, instruments, equipment, and materials to perform the services described in the RFP. Financial Responsibility JS&TM is a debt -free financially sound consulting firm with sufficient cash reserves and resources to provide reliable consulting services for the duration of this contract. The firm has no conditions that would impede our abilityto complete the contract. Company Disclosure JS&TM and its staff does not have any past or current business or personal relationships with any current City of Santa Ana elected official, appointed official, City employee, orfamily member of any current City of Santa Ana elected official, appointed official, or City employee. Insurance Requirements If selected, JS&TM will provide certificates of insurance in compliance with the insurance requirements stated in the City of Santa Ana Standard Consultant/Contractor Agreement. Thornton Park Lake Circulation Study and Renovations Page 3 C. Firm and Team Experience Over the past 20 plus years, JS&TM staff have provided lake and water feature design and consulting services for municipalities, homeowners associations, golf course owners, and major builders such as City of Santa Ana, City of Costa Mesa, City of Escondido, City of Cerritos, Lennar Communities, Centex Homes, Highpointe Communities, Tejon Ranch and others. We are intimately familiar with lake/pond renovation design procedures, regulations, and standards. Our combined 25-years of Lake and Water Feature Design and Engineering experience has given us the opportunity to become very familiar with each phase of lake/pond development from planning through construction. We specialize in Lake/Pond Design, Engineering, and Construction. We have extensive experience reviewing lakes and designing renovation plans to transform lakes into valuable community assets. Specialized Training Mr. Janis C. Smith, PE, CFM, QSD/P, Env SP and Mr. Tim Muli, PE, CFM, QSD/P, LEED AP are our Principal Civil Engineers. Both hold a Bachelor of Science in Civil Engineering, a Master of Science in Civil Engineering, and multiple professional licenses and technical certifications. Janis and Tim have over 48-yrs of combined professional experience delivering Civil Engineering services throughout Southern California. Mr. Smith also has unique training in the design and engineering of lakes and water features. His career path provided him with the extraordinary and unique experience of being trained by and working directly with J. Harlan Glenn, Johan Perslow, and Kenneth R. King; the three most experienced lake engineers in the southwestern United States. There is no other lake engineer that has received direct training and worked with all three of these designers. Mr. Smith developed a design approach that takes the best of the designs that his teachers developed, combines them to create a superior design approach that betters their work, and then added his own techniques to create a design approach that results in superior water quality, maintainability, safety, and aquatic ecosystem health. Mr. Smith was also trained in the techniques and practices of lake management by Dave Glenn of Lake Management Inc, (LMI). Company Overview JS&TM is a debt -free employee -owned firm. We currently have two (2) full time professional engineers on staff, three (3) on -call designer/drafters, three (3) on -call senior engineers each with over 25-yrs experience, and eight (8) long-term teaming partners that support our team as needed. This company structure allows us to adjust to project needs rapidly to take on both large and small projects while maintaining a low overhead and passing on the savings to our clients. Thornton Park Lake Circulation Study and Renovations Page 4 Qualifications Our staff has an immense amount of experience providing lake/pond engineering services and have the capacity and experience that meet the requirements summarized in the RFP, which include the following: • Experience of Project Supervisor: JS&TM's designated project manager, Jonis Smith, PE, CFM, QSD/P, Env SP has over 20 years of specific lake engineering and design experience and will be responsible forthe delivery of services requested by the City of Santa Ana. Mr. Smith has consulted numerous lake owners on solving the problems with their lakes and renovated many lakes over the last 27 years. • Experience of JS&TM Team (Teaming Partners working together): Our proposed team has work together over many years developing unique projects solutions and have been part of multiple award -winning projects within the region. Our team is currently working together on the City of Santa Ana Centennial Park Lake project, Lennar Rockport Lake Project, and the Highpointe Communities Oso Ranch project. We have worked on numerous projects together in the past and have a great teaming relationship that benefits each firm and our clients. • Experience with Similar Project: Our lead project engineer and project manager has evaluated, designed, and consulted clients on more than 50 lake projects. Our team has provided similar services as requested for this project to the City of Santa Ana since 2018. We are currently providing lake renovation engineering, bid support, and construction support services to the City of Santa Ana for the Centennial Park Lake Renovation project. Project Management: Jonis Smith, PE, CFM, QSD/P, Env SP, will serve as Project Manager and will be the primary point of contact for the city during the life of the agreement. Mr. Smith will be supported by Tim Muli, PE, CFM, QSD/P, LEED AP, who will act as Principal in Charge. JS&TM believes the key to success in project management is excellent communication, which is a hallmark of our business. Our approach to every project is to communicate effectively and frequently. We follow an established project management plan to achieve project goals, project delivery, quality assurance and quality control. The Key to Excellent Project Management is Excellent, Timely, Frequent, Effective communication. Our Project Managers are highly experienced technical experts that are trained in Project Management and Client Management. JS&TM will provide hands-on project management and coordination of project elements to drive the project forward. JS&TM will host monthly meetings to provide detailed project status updates, review project progression against the project schedule, and address any questions/concerns. Key Personnel: Our Principal, Janis Smith, PE, CFM, QSD/P, Env SP will be the primary contact to the city. He will be the working Project Manager and a Principal Project Engineer for all task orders assigned to JS&TM. Our Principal, Tim Mull, PE, CFM, QSD/P, LEED AP will serve as a supporting Project Engineer for all task orders assigned to JS&TM. Mr. Smith and Mr. Muli are supported by group of contract designers and senior level engineers as well as our teaming partners. Name Jonis Smith, PE, CFM, QSD/P, Env SP 8ft Project Manager and Project Engineer Services: Mr. Smith will be the Project Manager and Point of Contact ensuring the project goals are met and that JS&TM delivers the project. He will be actively engaged in every aspect of the project providing design and engineering services, preparing drawings, specifications, and contract Civil Engineering, CSULB Civil Engineering, CSULB PE No. 58654 vl No. US-14-07485 XP No. 23790 Thornton Park Lake Circulation Study and Renovations Page 5 City and other project team members to fulfill the project scope of work Name: Tim Mull, PE, CFM, QSD/P, LEED AP Role: Project Engineer Services: Mr. Mull will be a Project Engineer and will be responsible for moving the project forward. He will be actively involved in every aspect of the project providing research, planning, design, and all engineering services that are part of city assigned task order ensuring that the City's need are met, and JS&TM fulfills its role in this project. He will be actively engaged in every aspect of the project providing design and engineering services, preparing drawings, specifications, and contract documents, and coordinating with the City and other projectteam members to fulfill the oroiect scope of work Organizational Chart FEw ERICA DMKI Resumes J. SMITH I T. MULI lonis Smith, PE CFM, QSD/P, Env SP TIM MULI, PE, CFM, QSD/P, LEED AP CINIS SMITH, PE, CFM, QSD/P, Env SP Converse Consultants Blue Mountain Development Inc. Gerry Green Inc. Resumes forJS&TM key staff are provided in Appendix -A years' experience Civil Engineering, UON, Kenya Civil Engineering, CSULA PE No. 72992 PE No.140273 PE No. 028443 M No. US-20-11552 D/P No. 27386 --D AP years' experience Thornton Park Lake Circulation Study and Renovations Page 6 D. Understanding / Scope of Services It is our understanding that the City of Santa Ana is seeking a consultant to provide a thorough assessment of Carl Thornton Park Lake, develop a comprehensive renovation plan, and provide engineering services to prepare construction documents plans, specification and estimates (PS&Es) to improve the lake user experience and lake maintainability by addressing existing deficiencies in the lake mechanical water quality control system, biological water quality control system, lake fishery, lake facility improvements (landscape and accessible paths), and the lake ecosystem. We understand the project construction budget is $2.5 million and will seek to develop an efficient renovation program that transforms Thornton Park Lake into an improved valuable community asset within the City budget. JS&TM's approach to developing a renovation plan focuses on an in-depth understanding of the original lake design byJ. Harlan Glenn, thorough research and investigation of the existing conditions, accurate identification of deficient conditions and their causes, and an unwavering focus on delivering a naturalized lake system that is easierto manage and maintain, that is safer, and is a pleasant point of interest for park visitors and the community. The key maintaining a healthy lake is to never use chemicals to maintain a lake like a swimming pool but rather to utilize a naturalized management approach to maintain equilibrium between pollutants and pollutant removal, nutrients inputs and nutrient removal, and between oxygen depletion and oxygen replenishment using natural biological processes that are present in natural lakes. Most of the problems expressed by City staff and observed at Thornton Lake indicate that the lake is out of equilibrium. The rehabilitation plan recommended for Thornton Lake will include recommended improvements to develop a complete Naturalized Water Quality Control System that allow for Naturalized Lake Management. Figure 1 provided in Appendix -A shows 1S&TM's proposed lake features, aimed at developing a Naturalized Lake System that will be easy or City to maintain. The anticipated Naturalized Water Quality Control System elements include the following: • Aeration System • Horizontal Circulation System • Aerobic Biofiltration System • Anoxic Biofiltration System • Aquatic Vegetation • Wetland Filtration • Lake Liner System • Fishery Stocking Plan • Artificial Reefs • Fish Spawning Areas • Vector Control Measures • Waterfowl Population Control Measures • Naturalized Lake Management Guidelines • Lake Adjacent Walkways • Seating Areas • Boat Launch Ramp • Fishing Dock/Pier • Landscape Improvements/ Erosion Control Measures Thornton Park Lake Circulation Study and Renovations Page 7 Scope of Work Task 1: Research and Site Reconnaissance JS&TM will provide preliminary engineering services to collect and review existing background data. Data collection includes right-of-way documents, existing utilities plans, soils, and geologic information, "as -built" construction drawings for the lake, park and existing nearby utilities, existing hydraulic and master plans of drainage, irrigation plans, previous project reports, and proposed development plans. Afield reconnaissance investigation of the project study area will be performed. The field investigation will include an onsite meeting with COSA Public Works staff to get input on observed issues with the lake, discuss objectives, and discuss needs for improved maintainability of the lake facilities. Our research will also include review of available city records regarding water usage of the lake, power consumption of the lake pumps and aerators, lake maintenance records (algae removal, fish kills, wildlife issues, etc.). 1S&TM will also perform field inspections of the existing facilities to assess the current condition of each component system of the lake. This will include assessing the current condition of the following lake facilities: • lake liner (obtain in -situ liner samples) • lake wall • recirculating stream liner system • existing pumps • lake skimmers • lake fill control valve • accessible aeration equipment • existing pump vaults and electrical panels and controls • lake perimeter landscape • lake access paths • fishing/angling facilities • signage • seating areas • trash receptacles • water quality control facilities • maintenance access provisions 1S&TM subconsultant (Converse Consultants) will identify and document the historic groundwater table using the USGS Water Data Website, the California Department of Water Resources SGMA Data Viewer Website, and historic groundwater information from USGS Water Supply Papers from the early 1900's. Converse Consultants will provide recommendations for future groundwater elevation beneath the site based on nearfield wells and trends. Converse Consultants will obtain 2-3 soil samples under the guidance of 1S&TM and provide sieve analysis of soil samples in general accordance with ASTM Standard D6913. 1S&TM will prepare a water balance analysis for the lake system accounting for lake inputs and withdrawals to determine the expected lake water use compared to actual water usage. This analysis will provide an accurate assessment of the condition of the existing lake liner. The water balance accounting will account for the following water inputs and withdrawals: • direct precipitation • precipitation runoff inflow • evaporation Thornton Park Lake Circulation Study and Renovations Page 8 • evapotranspiration • irrigation withdrawals • excess irrigation inflow Usingthe water balance accounting of the lake inputs and withdrawals we will calculate the current water demand for the lake. This water demand will form the basis for measuring performance of the proposed lake liner system. Deliverable: JS&TM will prepare a Lake Condition Assessment Report to inventory the lake facilities, document current lake conditions, identify known deficiencies and explain deficiency mitigation options. The report will also include recommended measures to mitigate identified deficiencies. The hydrogeologic recommendations will be included in the Lake Condition Assessment Report. Task 2: Water Quality Sampling and Assessment/Report JS&TM will collect a minimum of four (4) water samples from a total of two (2) locations on the same day to obtain representative samples of the average water quality in the lake. The samples will be submitted to a state certified laboratory from an unspecified source. The lab will run lake water quality tests including: Dissolved Oxygen — D 0 Nutrients —Total Nitrogen, Nitrate, Ammonia, Total Phosphorus Water Clarity —Turbidity, Color, Total Dissolved Solids Salts — Chloride, Conductivity, Hardness, Acid/Base Readings — pH, Total Alkalinity Biological Oxygen Demand — BOD The test results will be used to provide physical indicators of specific problems with the lake water quality and markers for measurement of improvement of the lake water quality after rehabilitation -of the lake. The lake water quality system will be designed to address the undesirable biological and chemical components identified in the lake water. Deliverable: Water quality sample analysis results, narrative interpretation of relevant water quality characteristics. A water quality report will be included in the Lake Condition Assessment Report. Task 3: Survey and Analysis JS&TM will prepare a detailed photogrammetric topographic survey of a portion of Carl Thornton Park. The topographic survey will be developed using a drone -mounted camera to create a 31) visual model of the current terrain and ground features. Survey control will be based on the local California Spatial Reference System (CSRS) which is the official geodetic datum in California, as published by the California Spatial Reference Center (CSRC). The local CRTN station used is based on CSRS Epoch 2017.50 (NAD83), Zone 5 and elevations based on NAVD88. All data would be processed using 3rd party software using CRTN base station data and the Post -Processing Kinematic (PPK) method for correction and accuracy. With PPK, the drone will geotag X, Y, Z coordinates to each image based on an on -board GPS unit that records positional information.. Final 1-foot contour deliverables will be in the form of a dxf file, digital terrain model and point cloud for digital model viewing and use in CAD applications. The topographic survey will be used as the base file for the construction drawings, construction plans, and exhibits prepared for the project. 1S&TM will conduct a bathymetric survey of Carl Thornton Park Lake to obtain an accurate topographic mapping of the current lake bottom to determine the current lake volume and determine the volume and location(s) of sediment accumulated on the lake bottom since construction. The bathymetric survey will be conducted in the state plan coordinate system NAD 83 CA Zone-V. The vertical datum for survey data will be NAVD88. The surveyor will set (4) Continuous Operating Reference System (COBS) control points. The survey team will establish the current lake Thornton Park Lake Circulation Study and Renovations Page 9 perimeter and water surface elevation at 25ft interval around the lake perimeter at the water surface. The survey team will conduct the hydrographic survey on a 20ft-25ft grid using a boat mounted sonar. JS&TM will perform a detailed aquatic vegetation mapping of existing vegetation present within Carl Thornton Park Lake. The mapping effort will identify and map (locate) aquatic vegetation within the lake footprint. Deliverable: JS&TM will prepare a ift contour interval map of the project area of the park. This map will be used as the base map forthe project construction drawings and exhibits. The construction plan set will include a sheet named Existing Conditions. This sheet will be prepared from the topographic survey. JS&TM will prepare a lft contour interval bathymetric map of the lake within the concrete lake edge boundary. This map will be included in the Lake Condition Assessment Report as an exhibit for the Sediment Analysis discussion. JS&TM will prepare an Aquatic Vegetation Map that will be included in the Lake Condition Assessment Report. Task 4: Lake Liner System Design JS&TM will design a liner system for Carl Thornton Park Lake. The existing lake has a plastic liner that historically exhibits classic liner "elephants" or "ballooning" due to trapped gases beneath the liner that cause section of the liner to float. Carl Thornton Park historically has a high water table. JS&TM will design the appropriate liner system based upon data gathered from the hydrogeologic and geotechnical investigations in Task-1. A clay liner is preferred and far superior to a plastic liner, but the high groundwater may be prohibitive to the construction of clay liner. Alternatively, JS&TM will design a plastic liner system if a clay liner system is not feasible at Carl Thornton Park. The soil analysis results will be used to develop design recommendations for reconstruction of the lake liner as determined from the water balance/seepage loss calculations and the hydrogeologic analyses performed in Task-1. Deliverable: JS&TM will design the appropriate lake liner system for Carl Thornton Park Lake. The lake line recommendations and design parameters will be included in the Lake Rehabilitation Study Report prepared in Task- 5. Construction drawings, plans and specifications will be prepared for the recommended lake liner system and included in the lake construction documents. Task 5: Evaluation and Recommendations Report JS&TM will prepare a Lake Rehabilitation Study Report which will serve as a compilation report for the proposed improvements to Carl Thornton Park Lake. The report will include documentation of each element of the lake study including project background, project goals, City staff input, existing facilities, identified constraints, the recommended rehabilitation plan, preliminary design of each lake system (water quality, lake liner, aeration, circulation, water features, fishery/wildlife enhancements, etc.), cost estimates, CEQA compliance and permitting, lake management guidelines, and technical appendices. This reportwill document research and investigation findings, preliminary design assumptions, guidelines, and criteria developed during the preliminary design process. The anticipated Table of Contents of the report is provided below: • Synopsis • Background • Project Goals and Objectives • Existing Condition of Thornton Park Lake o Identified Deficiencies o Lake Condition Assessment • Recommended Rehabilitation Plan o Aeration System Thornton Park Lake Circulation Study and Renovations Page 10 o Horizontal Circulation System o Macro -debris Filtration System o Aerobic Biofiltration System o Anoxic Biofiltration System o Aquatic Vegetation o Wetland Filtration o Lake Liner System o Fishery Stocking Plan o Artificial Reefs o Fish Spawning Areas o Naturalized Lake Maintenance • Preliminary Design of Lake Systems • CEQA Compliance • Resource Agency Permitting • Engineer's Opinion of Probable Construction Costs JS&TM will also prepare a Naturalized Lake Management Plan that will outline the operations and maintenance requirements for the proposed lake water quality systems. The elements of the pond that the management plan will address include the shoreline erosion, algae control, aquatic plant management, biofilter maintenance, skimmer maintenance, aquatic vegetation planter maintenance, makeup water, vector control, waterfowl population control, debris and trash control/removal, circulation pumps, and water quality adjustments. A maintenance checklist will be developed and operation schedule for the distinct pond maintenance program tasks including estimating the frequency of the maintenance requirements. A water quality testing and monitoring program will be developed as part of the lake management program which will identify the distinct characteristics to be measured in the field. The management plan will provide a narrative of the different maintenance and operation requirements. The lake management plan is intended to provide a guideline to assist the lake manager with guiding the activities of lake management personnel in a way that does not require the use of chemical inputs or water dyes in the lake. Deliverable: • Lake Rehabilitation Study Report • Naturalized Lake Management Plan Task 6: Pre -Design Engineering 1S&TM will meet with City staff and present the findings and recommendations of the Lake Rehabilitation Study Report and present the recommended Lake Renovation Plan. JS&TM will receive input provided by City staff and incorporate into the improvement plans and construction drawings prepared in Task-7. Deliverable: • Meeting minutes and notes documenting recommendations and decisions to move forward with final design of the lake improvements. Task 7: Design Development (60% Plans) Thornton Park Lake Circulation Study and Renovations Page 11 JS&TM will prepare construction documents (plans, specifications, and estimates) to the 60% level of completion. The 60% plan set will include civil, mechanical, electrical, plumbing engineering, and site engineering improvements included as part of the lake renovation project. The anticipated system improvements will include, but may not be limited to: • Lake edge design • Lake liner system design • Mechanical systems (pumps, air compressors, control panels, power panels, pump vaults, etc.) • Lake macro debris filters (skimmers) • Aeration system (tubing, discs/pods) • Fountain jet (with orwithout accent lighting) • Biofiltration system(s) • Aquatic vegetation (wetland planters) • Aquatic vegetation planting palette • Artificial reefs • Fish spawning area • Vector control enhancements (bat boxes) • Waterfowl control enhancements (owl boxes and signage) • Site Improvements (landscape/erosion control, walkways, seating areas, fishing dock/pier) Deliverable: 60% set of plans, draft of lake specification and city boiler plate specifications, construction cost estimates Task 8: Construction Documents (90% and 100% Plans, Specifications & Engineer's Estimate) JS&TM will prepare a complete plan set for construction documents for two submittal intervals at the 90% level of completeness and a final set that is 100% complete. The construction documents will include lake renovation plans, specifications and estimates for Carl Thornton Park Lake. The construction plans will include the information necessary for the successful construction of the lake including plan view layouts, section view drawings, construction detail drawings, equipment and material specifications, as well as general notation and construction notes needed for the contractor to construct the proposed facilities. The specifications package will include a complete lake construction specification for the overall lake and all the proposed lake systems including mechanical, electrical, plumbing, aquatic vegetation, fish stocking, fish habitat, waterfowl control measures, and vector control measures. A comprehensive bid list will be prepared to support the bidding process. The 100% plans and specifications will be stamped by a licensed California professional engineer. Construction drawings shall be in accordance with the 2022 California Building Code. JS&TM will prepare detailed construction cost estimate of the proposed lake improvements including construction quantities and unit costs. The quantities will be developed based upon construction item callouts from the Lake Plans and Specifications package. Unit costs will be based upon recent project cost information for similar projects in Southern California. The Construction Cost Estimate will be provided to the client to use as the Engineers Estimate for bidding. Construction Documents (CDs) shall include finalizing plans and specifications from the Design Development phase. This includes the provision of detailed engineering and construction drawings that will serve as the basis for both bidding and construction by a general contractor. 1S&TM will prepare technical specifications for all components listed above in CSI (Construction Specifications Institute) format. JS&TM will coordinate language between the general and technical specifications to ensure conflicts Thornton Park Lake Circulation Study and Renovations Page 12 are minimized. City Staff will combine these specifications with the City Boiler Plate which together, will become the Project Manual JS&TM will provide plan processing services to obtain the necessary approvals, signatures, and permits to allow the project to move forward to construction. We understand that the project PS&E package may need to be revised to accommodate project phasing as may be required to accommodate project funding limitations. JS&TM will prepare phased implementation plans, if needed to accommodate project phasing needs. It is anticipated that the PS&E package will be reviewed by multiple COSA departments and other agencies including Public Works Design, Water and Construction Engineering Divisions, City Planning and Building Agency, and Parks Recreation & Community Services Division, California Department of Fish and Game, the California State Department of Agriculture, Vector Control, and the California Regional Water Quality Control Board. Deliverable: Complete Lake Construction documents package including Plans, Specifications and Estimates (PS&Es) at 90% and 100% levels of completion. Task 9: Bid Advertisement, Construction Administration, Record Drawings: Bid Advertisement JS&TM will provide support to the City during the Bidding phase by assisting with questions, requests for information/clarification, reviewing addenda or conflicts arising out of the bidding process within three (3) working days. Consultant shall also attend pre -bid meeting, if scheduled. Construction Administration JS&TM will provide support to the City during the Construction Administration phase by assisting with questions, requests for information/clarification, and/or reviewing submittals. Record Drawings / As -built Plans: Upon construction completion, JS&TM will incorporate as -built information, as provided by the General Contractor, into the drawing files to provide record drawings for City archives. Deliverable: Bid Documents, RFI Response, Construction submittal review and response, As -Built Plan set Task 10: Meetings, Consultation, and Coordination JS&TM will provide coordination, communication, and technical consultation with City staff and other project team consultants throughout the duration of the project. This includes meetings/phone discussion/online conferences at regular intervals to discuss the progress of the study and consultation to assist the project planning. Deliverable: Meeting minutes, project guidance, project management Thornton Park Lake Circulation Study and Renovations Page 13 E. Relevant Project Experience The following list of projects summarizes some of our recent project experience. Project Name: Centennial Park Lake Renovation Date of Services: 2012-Current oAAN e Contract Value: $50,000 3 o� Client Reference: City of Santa Ana ° '{ r Suzi Furjanic Associate Park and Landscape Planner 714.571.4241 sfurianic@santa-ana.or� Key Staff: Jonis Smith, PE; Tim Muli, PE Description of Project: Mr. Smith served as project manager and lead project engineer for the Centennial Park Lake Renovation Project. Mr. Smith led the design team that provided all design and engineering services for the Centennial Park Lake Renovation project. Mr. Smith and Tim Muli are currently providing bid support and construction support service to the City of Santa Ana for the construction of the proposed lake renovation improvements. The design team prepared construction documents for the lake water quality system (biofilters, wetlands), lake edge modifications, biological vector control features, lake pump stations, water features (jets), and lake appurtenances. Centennial Park Lake is an 8-ft deep, 9.5-acre lake that was constructed in 1978. The design team performed a study ofthe lake to identify the deficiencies of the lake in a separate project. Once the deficiencies were identified the City of Santa Ana commissioned a project to prepare construction documents to implement the necessary remediation measures and to improve the lake and park in the vicinity of the lake -iSt�tFt� TY \1=.�. j� •`l,�gt E_ dl�.l Time. _^� � — 4 =9 Thornton Park Lake Circulation Study and Renovations Page 14 Project Name: Date of Services: Contract Value: Client Reference: Rockport Ranch Lake 2022-Current $40,000 Dudek Nicole Rieger Project Manager 760.419.4648 LENNAR' nrieger@dudek.com Key Staff: Jonis Smith, PE; Tim Mull, PE Description of Project: Mr. Smith served as project QC manager and lead project engineer for the Rockport Lake Design Project. Mr. Smith provided design and engineering oversight and guidance services to Dudek engineering staff to develop this new community lake. Mr. Smith guided the design team develop a sustainable lake that can be managed with naturalized management techniques without the use of chemical inputs. Led by Mr. Smith, the design team designed a lake biofiltration, wetland aquatic vegetation system, lake aeration and vertical mixing system, lake horizontal circulation system, and macro trash removal filters. Mr. Smith and Tim Mull are currently providing bid support and construction support service to Lennar for the construction of the proposed lake. j J 1 ... . ......L g Thornton Park Lake Circulation Study and Renovations Page 15 Project Name: The Lakes at Menifee Date of Services: 2022 Contract Value: $30,000 Client Reference: The Lakes Homeowners Assoc. Lee Jeffrey HCA Manager 951.541.9512 jjeffrev@i:)owerstoneprn.com Key Staff: Jonis Smith, PE; Tim Mull, PE 9 Powerstkmz PROPERTY MANAGEMENT Description of Project: Mr. Smith served as Project manager / Project Engineer for The Lakes project. Mr. Smith provided design and engineering services to evaluate the existing lake facilities and develop a lake renovation plan to address existing lake deficiencies, improve water quality, reduce likelihood of golden algae bloom formation, address accumulated polluted sediment issues, and improve the lake fishery. Mr. Smith led the JS&TM team in developing a lake renovation concept to transform the existing lake into a sustainable lakethat can be managed with naturalized management techniques without the use of chemical inputs. Mr. Smith designed a lake biofiltration, wetland aquatic vegetation system, pan fish and bass spawning beds, lake horizontal circulation system, and macro trash removal filters. Mr. Smith also developed a design for the lake bogs to reconfigure them to function as wetland filters that treat offsite stormwater and non-stormwater runoff BMPs and anoxic biofilters for the lake. Mr. Smith also developed a comprehensive lake management guide/manual for the HCA to guide the activities and of the lake management personnel. } T. ULI FIGURE 1: WETLAND FILTERI60G m„d MODIFICATION DETAIL Thornton Park Lake Circulation Study and Renovations Page 16 F. Schedule JS&TM hereby assures the City of JS&TM's ability and availability to complete the scope of work. We will complete studies, final plans, specifications and estimates on or before October 23, 2023. JS&TM has designated Jonis Smith, PE as the Project Manager on this project. He will be fully committed and available to ensure that all City deliverables for this project are submitted on time. Jonis will be supported by Tim Mull, PE in the design process, together with two dedicated designers. Our current and projected workload will not prohibit delivery of the project on schedule. The following Figure-2, Project Schedule, illustrates our projected project milestones. G. References Our Principal Engineers have been servicing public agency clients in Southern California for a combined total of 48- years. We have numerous public agency references that have recently worked directly with J. Smith & T. Muli, Inc. and individually with Mr. Smith and Mr. Muli. We have provided five (5) public agency references below: Public Entity Reference-1: Name of Project: Haigh Road Drainage Channel Improvements Project Date of Services: Contract Value: Public Agency Reference: City of Thousand Oaks P U B L I C W O R K S Key Staff: 2017 — 2019 $320,000 City of Santa Ana Nader Heydari, PE Director of Public Works 805.449.2392 nheydari@toaks.org Tim Muli, PE, Jonis Smith, PE. Public Entity Reference-2: Name of Project: Pacific Arroyo Community Date of Services: Contract Value: 2022 — Current $80,000 The city team had a great experience with Tim Muli on the complex Haigh Road Storm Drain Project, notably on his efforts leading up the design and engineering for the project including the utility coordination and public outreach for the project. He also played a key role in support ensuring the project was completed successfully with his strong support during the construction phase of the project. Public Agency Reference: Ventura County Watershed Protection District Masood Jilani, PE Engineering Manager 805.654.2029 Masood.iilani@ventura.ore Key Staff: Jonis Smith, PE and Tim Mull, PE Nader Heydari Deputy Director/City Engineer City of Santa Ana Thornton Park Lake Circulation Study and Renovations Page 17 Public Entity Reference-3: Project Name: Centennial Park Lake Renovation Date of Services: 2017-Current �+N �ngNGe Contract Value: $300,000 3 0 Public Agency Reference: City of Santa Ana ° � z j Suzi Furjanic Associate Park and Landscape Planner Key Staff: 714.571.4241 sfUri anic@santa-an a.or� Jonis Smith, PE; Tim Muli, PE Public Entity Reference-4: Name of the Project: Wildwood Creek / Wildwood Canyon Rd. Detention Basin Project Date of Services: Contract Value: Public Agency Reference: Key Staff: 2018 — 2020 $230,000 City of Yucaipa Mike Seal, PE Sr. Engineer 909.797.2489, mseal@Vucaipa.orP Tim Mull, PE; Jonis Smith, PE Public Entity Reference-5: Project Name: Laguna Canyon Channel Improvement Project -Beach Street to The Ocean Date of Services: 2018 — 2020 PBUN qdF Contract Value: $430,000 04 Public Agency Reference: City of Laguna Beach Tom Perez, PE Senior Civil Engineer cqC/FopN P 949.464.6688 tperez@lagunabeachcity.net Key Staff: Jonis Smith, PE; Tim Muli, PE Thornton Park Lake Circulation Study and Renovations Page 18 <<NMI =-- See the Project Fee Proposal that we have provided separately in the PlanetBids system, which includes our Standard Hourly Fee Schedule and our proposed Project Fee Schedule that also shows the Total Fee. Our fee includes labor, materials, reprographics, meetings, and presentations. JS&TM understands that all approved deliverable products shall become property of the City of Santa Ana. All charges for services will be a "Not -To -Exceed" fee, as submitted with, and made part of said JS&TM's Fee Thornton Park Lake Circulation Study and Renovations Page 19 Appendix - A I. Figure-1 Proposed Lake Features II. Figure-2 Project Schedule Ill. Resumes IV. City Forms • Non -Collusion Affidavit • Non -Lobbying Certification • Non -Discrimination Certification Thornton Park Lake Circulation Study and Renovations Page 20 FIGURES a� ��U) a s L~O YF b B Y 4 Y 4 W R' 0ZpZ 0-0 0 5- m a x w w 8 Z 4 9 K + _ ` F 1 - 3 f W I 4 0 40 r r� r m 3 ry 8 Iz a t w w 39 E E E E I_ c¢ E E 3 E S E ➢ a o, of i $ i $ 9. ry o` m mi ci tt CITY FORMS CITY OF SANTA ANA RFP NO.: 22-151 THORNTON PARK LAKE CIRCULATION STUDY & RENOVATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned thaj4fiakin9,�Jfksimay subject the certifier to criminal prosecution. Signed State of ?S Subscribed and sworn to (or affirmed) before me on this day of , 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Certificate Attached for California Notary WordinC Notary Public Seal Page 1 of 1 CALIFORNIA JURAT GOVERNMENT CODE § 8202 A notary public or other officer completing this certificate verges only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange JUA ISAMH NUNO Rotary Public • CAdforma - OSHorange ca.nty ommission 12394691 •" My Comm. Expire Feb 22, 2026 Place Notary Seal and/or Stamp Above Subscribed and sworn to (or affirmed) before me on this 23 day of February 20 23 by Date Month Year (1) Jonis Smith (and (2) ), Name(.efof Signer(or proved to me on the basis of saflsfactory evidence to be the person(s) who appeared before me. Signature Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Non- Collusion Affidavit Document Date: February 23, 2023 Signer(s) Other Than Named Above: 'l2019 National Notary Association Number of Pages: CITY OF SANTA ANA RFP NO.: 22-151 THORNTON PARK LAKE CIRCULATION STUDY & RENOVATIONS NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed. by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all suc subrecipients shall certify and disclose accordingly. Signed: Title: President Firm: J. Smith & T. Muli, Inc. Date: February 23, 2023 Page 1 of 1 CITY OF SANTA ANA RFP NO.: 22-151 THORNTON PARK LAKE CIRCULATION STUDY & RENOVATIONS NON-DISCRINIINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. hi the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. Page 1 of 2 CITY OF SANTA ANA RFP NO.: 22-151 THORNTON PARK LAKE CIRCULATION STUDY & RENOVATIONS The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: ,Jiro Title: " President Firm: J. Smith & T. Muli, Inc. Date: February 23, 2023 Page 2 of 2 aof i'i�_iTi F4 COMPENSATION Consultant's Fee Proposal including hourly rates, if applicable FEE PROPOSAL THORNTON PARK LAKE CIRCULATION STUDY AND RENOVATIONS PROJECT RFP NO.: 22-151 J. SMITH & T. MULI INC. 33161 CAMINO CAPISTRANO, SUITE-D SAN JUAN CAPISTRANO, CA 92675 CA DIR# PW-LR-1000893931 State of CA / USDOT Certified DBE# 50981 State of CA SBE # 2026784 State of CA MBE# 22000400 J. SMITH ]S&TM T. MULI JS&TM PRN: 23010 Cover Letter February 28, 2023 Attn: Suzi Furjanic, AIA Associate Park & Landscape Planner City of Santa Ana, Public Works Agency 20 Civic Center Plaza, Santa Ana, CA 92701 sfurianic@santa-ana.org Subject: Fee Proposal for Thornton Park Lake Circulation Study and Renovations Project J. Smith & T. Mull Inc (JS&TM) is pleased to provide our proposal for professional Lake Engineering services to the City of Santa Ana. We appreciate this opportunity to submit our fee proposal to the city and are available to begin work immediately. JS&TM has carefully reviewed the project request for proposal (RFP) and we are willing to enter into a professional services agreement with the City under the terms and conditions prescribed therein. We understand that all compensation will be on not -to -exceed contract limits basis and all fees and rates shall be effective for the term of the agreement. Our rates for the term of the agreement are our standard rates as reflected on the following pages. Please do not hesitate to contact Jonis Smith, PE at 949.212.0916 or ismith@istminc.com and Tim Mull, PE at 949.378.0632 or tmuli@istminc.com should you have questions or require further information. Please send all notifications to both Jonis Smith, PE, and Tim Mull, PE who are both authorized to bind JS&TM. We look forward to the opportunity to discuss our proposal in greater detail with the City staff. Thank you. Our office contact information is provided below: 33161 Camino Capistrano, Suite-D &N. San Juan Capistrano, CA 92675 949.329.3639 https://www.istminc.com/ VF' Sincerely, JG� J is Smith, PE, CFM, QSD/P, Env SP-'Tim Mull, PE, CFM, QSD/P, LEED AP Principal Principal = � t .�r 10 0 "' mm m vi�ddn.rvoce »»» ,ay i 1t a' c;rr b IT 3 E f c _ F p ji a a� N 9g� �n -r EN V.wfia m°?�� =ny Is .°. gEa �•a.��.oa o 2 .B1�E P Mir F->933 zi -d _ �� _ m �cf� w �. 1♦ m m n m m m�� a w _ M J. SMITH MOT. MULI JS&TM 2023 STANDARD SCHEDULE OF CHARGES ENGINEERING SERVICES Principal Engineer ............................................... $155.00/hr Engineering Technician................................$155.00/hr Data Analyst..................................................$155.00/hr Technical Editor...........................................$155.00/hr PROJECT MANAGEMENT SERVICES Senior Project Manager ..................................... $155.00/hr Project Assistant...........................................$155.00/hr CONSTRUCTION MANAGEMENT SERVICES Principal Construction Manager .................... $155.00/hr Resident Engineer.........................................$155.00/hr TECHNICAL SUPPORT SERVICES Dra}ting/CADD Services Senior Designer ..................................................... $155.00/hr CAD Technician ..................... ........................ .$155.00/hr Forensic Engineering / Expert Witness -Court appearances, depositions, and interrogatories as expert witness will be billed at 4 times normal rates. Material and Outside Services -Subcontractors, rental or special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost Travel Expenses -Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost Invoices, Late Charges -All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay a monthly late charge equal to I%per month of the outstanding balance until paid in full. J. SMITH & T. MULI, INC. Effective January t, 2023 Reyes, Erendida From: City of Santa Ana <certificate-request@ctraxjdidata.com> Sent: Monday, June 19, 2023 3:04 PM To: jsmith@jstminc.com; Ramirez, David; Reyes, Erendida;jane@parmenterins.com; Burrola, Melissa; Ortiz, Michael Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCIAT0E WITH AGREEM ENT TO THE CLERK OF THE ('0(V R Contractor J. Smith and T. Multi, Inc. Name: Project TBD (110) Number: Project AQUATIC ENGINEERING SERVICES FOR THORNTON PARK LAKE Name: RENOVATION PROJECT The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE CERTIFICATE AUTOMOBILE LIABILITY 72SBABG1946 04/29/2024 05/01/2023 OF INSURANCE (COI).Pdf CERTIFICATE GENERAL LIABILITY 72SBABG1946 04/29/2024 05/01/2023 OF INSURANCE (COI).Pdf PROFESSIONAL LIABILITY P1011386942 04/29/2024 05/01/2023 City of Santa Ana updated.pdf WORKERS COMPENSATION AND work comp WAIVER 05/01/2024 05/05/2023 EMPLOYERS' LIABILITY exemption.pdf Thank you, 1 DATE(MM/DD/YYYY) '4`"R"° CERTIFICATE OF LIABILITY INSURANCE 4/9/2025 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: Jane Parmenter PHONEFAx Parmenter Insurance A enc 949 829-0516 g Y A/C,No,Ext: ( (A/C,No): 27758 Santa Margarita Parkway#283 ADDRESS: Jane@parmenterins.com INSURER(S)AFFORDING COVERAGE NAIC# Mission Viejo CA 92691 INSURERA: Hartford 11000 INSURED INSURER B: Hiscox-PRO 10200 J.Smith and T.Mull,Inc INSURER C: INSURER D: 27525 Puerta Real Unit 300-1 INSURER E: Mission Viejo CA 92691 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/YYYY) (MMIDDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE �OCCUR P M REISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5000 A X Primary and Noncontributory Y Y 72SBABG1946 04/29/2024 04/29/2026 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY ❑JE� ❑LOC PRODUCTS-COMP/OP AGG $ S/T Gen Agg OTHER: $ AUTOMOBILE LIABILITY (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS Y 72SBABG1946 04/29/2024 04/29/2026 BODILY INJURY(Per accident) $ XHIRED NON-OWNED $ AUTOS ONLY X AUTOS ONLY (Per accident) CGL HNOA Limit $ 2,000,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Each Claim 27000,000 B Professional Liability Y ANE5329238.24 04/29/2024 04/29/2026 Aggregate 27000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Digitally signed Thornton Park Lake Rennovation TU Tran Nguy n The City,its officers,officials,employees and volunteers as to be covered as additional insured Nguyen Date:2025.0429 16:58:36-07'00' APPROVED By Tu Tran Nguyen at 4:57 pm,Apr 29, 2025 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Place(M-30) AUTHORIZED REPRESENTATIVE PO Box 1988 Ja+,t,Parme-.der Santa Ana CA 92702 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy 72SBABG1946 Declarations: Business Liability Coverage Part Your policy includes the liability coverages listed below. The limits in the right-hand column show the maximum amount we'll pay. FORMAME LIMIT OF SL 00 00 10 18 BUSINESS LIABILITY COVERAGE FORM Damage To Premises Rented To You Limit $1,000,000 General Aggregate Limit $4,000,000 Liability and Medical Expenses Limit $2,000,000 Medical Expenses Limit $10,000 Personal and Advertising Injury Limit $2,000,000 Products-Completed Operations Aggregate Limit $4,000,000 Property Damage Liability Deductible $2,500 ADDITIONAL BUSINESS LIABILITY COVERAGES SL 30 32 06 21 BLANKET ADDITIONAL INSURED BY CONTRACT Included' SL 30 23 10 18 ELECTRONIC MEDIA LIABILITY Included' SL 30 26 10 18 HIRED AUTO AND NON-OWNED AUTO LIABILITY Included' SL 10 00 10 18 PROPERTY DAMAGE LIABILITY DEDUCTIBLE Property Damage Liability Deductible $2,500 'Included in Business Liability Limit(s) ALL OTHER BUSINESS LIABILITY FORMS 7EXCLUSION SL 30 29 10 18 INSURED EXCLUSION SL 20 64 10 18 -ENGINEERS,ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY SL 20 06 10 18 -NUCLEAR ENERGY LIABILITY SL 20 78 10 18 EXCLUSION-SILICA-BUSINESS LIABILITY COVERAGE FORM SL 90 13 10 18 NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) COVERAGEBUSINESS LIABILITY * Price is subject to fees and surcharges. For more details, refer to Page 10 Form:SC 00 01 10 18 8 Policy 72SBABG1946 Z THE HARTFORD (2) Submits a signed, sworn statement of loss within 60 days after receiving notice from us of your failure to do so; and (3) Has notified us of any change in ownership, occupancy or substantial change in risk known to the mortgageholder. All of the terms of this Policy will then apply directly to the mortgageholder. e. If we pay the mortgageholder for any loss or damage and deny payment to you because of your acts or because you have failed to comply with the terms of this Policy: (1) The mortgageholder's rights under the mortgage will be transferred to us to the extent of the amount we pay; and (2) The mortgageholder's rights to recover the full amount of the mortgageholder's claim will not be impaired. At our option, we may pay to the mortgageholder the whole principal on the mortgage plus any accrued interest. In this event, your mortgage and note will be transferred to us and you will pay your remaining mortgage debt to us. f. If we cancel this Policy, we will give written notice to the mortgageholder at least: (1) 10 days before the effective date of cancellation if we cancel for your nonpayment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. g. If we elect not to renew this Policy, we will give written notice to the mortgageholder at least 10 days before the expiration date of this Policy. 3. No Benefit to Bailee No person or organization, other than you, having custody of Covered Property will benefit from this insurance. 4. Otherinsurance If there is other insurance covering the same loss or damage, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. 5. Policy Period, Coverage Territory a. We cover loss or damage commencing: (1) During the policy period shown in the Declarations; and (2) Within the coverage territory or, with respect to property in transit, while it is between points in the coverage territory. b. The coverage territory is: (1) The United States of America (including its territories and possessions); (2) Puerto Rico; and (3) Canada. 6. Transfer Of Rights of Recovery Against Others To Us a. If any person or organization to or for whom we make payment under this Policy has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: (1) Prior to a loss to your Covered Property; or (2) After a loss to your Covered Property only if, at time of loss, that party is one of the following: (a) Someone insured by this insurance; (b) A business firm: (i) Owned or controlled by you; or (ii) That owns or controls you; or (c) Your tenant. You may also accept the usual bills of lading or shipping receipts limiting the liability of carriers. Form SP 00 00 10 18 Page 15 of 19 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Policy ANE5329238.24 AM HISCOX PROM Architects, Engineers, and Construction Managers Professional Liability Coverage Part Pollutants means any solid, liquid, gaseous, biological, radiological, or thermal irritant or contaminant, including smoke,vapor, dust,asbestos,silica, nanoparticles,fibers, mold, spores,fungi, soot, fumes, acids, alkalis, chemicals, nuclear materials, bacteria,viruses, and waste.Waste includes, but is not limited to, materials to be recycled, reconditioned, or reclaimed. Pollution liability claim means a claim against you arising out of any actual, alleged, or threatened discharge, dispersal, release, or escape of pollutants directly resulting from your performance of professional services and includes the reasonable and necessary fees, costs, and expenses you incur with our prior consent to test for, monitor, clean up, remove, contain,treat,detoxify, or neutralize pollutants. Potential claim means any acts, errors, or omissions of an insured or other circumstances reasonably likely to lead to a claim covered under this policy. Professional services means only the following services performed for others for a fee: 1. those services requiring specialized knowledge, skill, training, experience, education, certification, or licensing rendered in the capacity of an architect, engineer, landscape architect, land surveyor or planner, construction manager, program manager, project manager, owner's representative, LEED accredited professional, interior designer, scientist, technical consultant, design consultant, environmental consultant, construction consultant, or forensic consultant; and 2. ordinary technology services rendered in the course of any of the services in part 1 above, including your use of a drone, and the design, development, programming, analysis,training, use, hosting, management, support, or maintenance of any software, database, internet service, or website. Professional services also includes the above services you perform pro bono with the prior knowledge and consent of the named insured. For purposes of this definition, "drone"means any unmanned aircraft system without a human pilot onboard that: (i)is controlled by an operator on the ground;and (ii)weighs 55 pounds or less. Property damage means physical damage to or destruction of any tangible property which directly results from your performance of professional services, and any resulting loss of use of that property. Retention means the applicable amount(s)stated as such under the Architects, Engineers, and Construction Managers Professional Liability Coverage Part section of the Declarations, including any amount that corresponds to a specific coverage enhancement or sublimit in this Coverage Part. Third party discrimination means any non-physical harassment of or unlawful discrimination against a person or entity other than an insured or an employee of an insured, including any resulting violation of civil rights, but only if such harassment or discrimination directly results from your performance of professional services. You, your, or insured means a named insured,subsidiary,joint venture, acquired entity, insured organization, employee, independent contractor, or additional insured, as defined in Section III.Who is an insured. VIII. Other provisions affecting coverage Waiver of subrogation A. With respect to any payment we make under this Coverage Part for any claim arising from your professional services performed for any client of yours,we agree to waive any right of recovery we may have against such client, provided you have agreed in a written contract or agreement prior to your performance of the professional services giving rise to the claim to waive your rights of recovery against such client. WCLANE P0001 CW(10/19) Page 10 of 10 CITY OF SANTA ANA M �1 Risk Management a division of Human Resources y Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR WORKERS' COMPENSATION INSURANCE I J o n i s Smith, President ("Representative"), attest that I am an authorized (Name and Title of Vendor Representative) representative of J. Smith & T. MUli, Inc. ("Company"), and (Consultant/Company Name) possess the authority to legally bind Company. In my capacity as Representative of Company, I represent and confirm the followinLT. as relates to the agreement between Company and City of Santa Ana, agreement number A-2023-1 1 5 ("Agreement")to provide Lake Engineering Services ("Services"): (Services to be provided under agreement/contract) During the course and scope of Company's agreement with the City of Santa Ana, Company will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if Company should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, Company shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. If at any time it is found that Company is not adhering to any and/or all of the statements in this document and does not maintain the minimum workers'compensation insurance coverage as required in the Agreement, it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. ,-7� 9t) 04/29/25 L/ Signature Date Jonis Smith Print Name President Title 949.329.3639, jsmith@jstminc.com Contact Information,i.e.,Telephone Number and/or Email Address WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSANT 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. Affidavit of Exemption for Workers'Compensation Insurance 11.12.2024