HomeMy WebLinkAboutItem 17 - Agreement for Thornton Park Lake RenovationsPublic Works Agency
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Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 20, 2023
TOPIC: Agreement for Thornton Park Lake Renovations
AGENDA TITLE
Approve an Agreement with J Smith & T Muli, Inc. in an Amount not to Exceed
$325,000 to provide Aquatic Engineering Services for Thornton Park Lake Renovations
for a Three -Year Term (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with J Smith & T Muli, Inc. to
provide aquatic engineering services for Thornton Park Lake renovations in the amount
of $289,947, with a contingency of $35,053, for a total amount not to exceed $325,000,
for a three-year term beginning June 20, 2023 and ending June 19, 2026, with an option
for two, one-year extensions, subject to non -substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
Thornton Park Lake is an artificial two -acre water feature at Carl Thornton Park. Since
its construction in 1977, no major renovations have been made. Existing operational
equipment and facilities have reached the limit of their design life, and as a result, water
quality has significantly declined. A consultant is needed to perform a comprehensive
assessment of the lake and its mechanical components, provide analysis and
recommendations for improvements, and develop contract documents for a
comprehensive rehabilitation project.
On January 27, 2023, the Public Works Agency released Request for Proposals (RFP)
No. 22-151 to provide a thorough environmental study assessment and
recommendations, develop a comprehensive rehabilitation plan, and provide design
services for the Thornton Park Lake Renovations project. The RFP was advertised on
the City's online procurement management and publication system, with proposals due
on February 13, 2023. A proposal was received and evaluated by a selection committee
based on criteria outlined in the RFP. As a result, J Smith & T Muli, Inc. was selected to
provide the design services for this project.
Staff recommends awarding an agreement to J Smith & T Muli, Inc. (Exhibit 1) to
provide a thorough environmental study assessment and recommendations, develop a
Agreement for Thornton Park Lake Renovations
June 20, 2023
Page 2
comprehensive rehabilitation plan, and provide design services for Thornton Park Lake.
Their proposal demonstrated the firm has the necessary capacity and expertise to
complete the required services. The firm's rates are reasonable and within industry
standard, the team qualifications are appropriate for this project, and the proposal was
determined to provide the best value for the City.
FISCAL IMPACT
Funds are budgeted and available for expenditure in the Fiscal Year 2023-24. The table
below indicates the estimated expenditures by fiscal year.
Fiscal
Accounting Unit
Fund
Accounting Unit —
Year
— Account No.
Description
Account No.
Amount
Description
2022-23
01117651-62320
General Fund
Park Maintenance
$325,000
Service Enhancement -
Maintenance & Repair
Buildings & Ground
TOTAL:
$325,000
Any remaining balances not expended at the end of the fiscal year will be presented to
the City Council for approval of carryovers to FY 2023-24.
EXHIBIT(S)
1. Agreement with J Smith & T Muli, Inc.
Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency
Approved By: Kristine Ridge, City Manager
EXHIBIT 1
AGREEMENT TO PROVIDE AQUATIC ENGINEERING SERVICES FOR
THORNTON PARK LAKE RENOVATION PROJECT BETWEEN
THE CITY OF SANTA ANA AND J SMITH & T MULI, INC.
THIS AGREEMENT is made and entered into on this 20th day of June, 2023 by and between J
Smith & T Muli, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California
("City").
RECITALS
A. 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
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invoice evidencing work performed, subject to City accounting procedures. Payment
need not be made for work 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
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Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
7. INSURANCE
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
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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.
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(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 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
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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.
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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.
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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 further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
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
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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 Muli, Inc.
33161 Camino Capistrano, Suite D
San Juan Capistrano, CA 92675
Email: jsmith@jstminc.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.
[signature page to follow]
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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.
ATTEST:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
onathan T. Martinez
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Nabil Saba, P.E.
Executive Director Public Works Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
CONSULTANT:
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Vpal
mith
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 Background:
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 LAKE 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
o 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.
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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, acidibase
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 S: 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 biofilter
• 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.
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. M U L I
0 0
0
JS&TM PRN- 23010
Table of Contents
A.
Cover Letter........................................................................................................................................................1
B.
Agreement Statement......................................................................................................................................3
ServiceAgreement................................................................................................................................3
FinancialResponsibility........................................................................................................................3
CompanyDisclosure.............................................................................................................................
3
Insurance Requirements......................................................................................................................
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.or
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, Jonis 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 SP 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: _mith stminc.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 Muli, PE, CFM, QSD/P, LEED AP will serve as a supporting Project Engineer for the project. Mr.
Smith and Mr. Muli 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 /jsmith@istminc.com
or Tim Muli, PE at 949.378.0632 /tmuli@mstminc.com should you have questions or require further information.
Please send all notifications to both Jonis Smith, PE and Tim Muli, 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.astminc.com/ ❑
Sincerely,
Jo is mith, PE, CFM, QSD/P, Env SP
Principal
1ZL J,--7 1
TA Muli, 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 Muli, 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 ability to 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, or family 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. Jonis 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. Jonis 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 for the 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, 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 Muli,
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
Role: 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
JI No. US-14-07485
D/P No. 23790
SP No. 49408
Thornton Park Lake Circulation Study and Renovations Page 5
documents, and coordinating with the City and other project team members to fulfill the project
scope of work
Name: Tim Muli, PE, CFM, QSD/P, LEED AP
Role: Project Engineer
Services: Mr. Muli 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 project team members to fulfill the
Droiect scone of work
Organizational Chart 3=o�,a�RaN�FoL
o�
s
ERICA OZAKI
ELIJAH SMITH
Resumes
J. SMITH
[CIT. MU LI
I S h ] WW1
Jonis Smith, PE CFM, QSD/P, Env SP
TIM MULI, PE, CFM, QSD/P, LEED AP
JONIS SMITH, PE, CFM, QSD/P, Env SP
Converse Consultants
Blue Mountain Development Inc.
Gerry Green Inc.
Resumes for JS&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
ID/P No. 27386
ED AP
. years' experience
CONTRACT SENIOR
ENGINEERING STAFF
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 by J.
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 easier to 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 JS&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. A field 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.).
JS&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
JS&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 JS&TM and provide sieve analysis of soil samples in
general accordance with ASTM Standard D6913.
JS&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
Using the 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 O
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 3D 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.
JS&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 (CORS) 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 1ft contour interval map of the project area of the park. This map will be used as
the base map for the 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 1ft 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 report will 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
JS&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 or without 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 Engineer's 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.
JS&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 �,, ORANGE
Contract Value: $50,000 3r� G
Client Reference: City of Santa Ana $
Suzi Furjanic
Associate Park and Landscape Planner
714.571.4241
sfurjanic@santa-ana.orj�
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 of the 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
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Thornton Park Lake Circulation Study and Renovations Page 14
Project Name: Rockport Ranch Lake
Date of Services: 2022-Current
Contract Value: $40,000
Client Reference: Dudek L E N N A RT
Nicole Rieger
Project Manager
760.419.4648
nrieger@dudek.com
Key Staff: Jonis Smith, PE; Tim Muli, 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 Muli are currently providing bid support and construction support service to Lennar for the
construction of the proposed lake.
IIMC IMPRDVCMCHT PLANS FOR:
ROCKPORT RANCH
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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
HOA Manager
951.541.9512
Ijeffrey@aowerstoneprn.com
Key Staff:
Jonis Smith, PE; Tim Muli, PE
Powerstong
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 lake that 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 HOA to guide the activities and of the lake
management personnel.
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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 Muli, 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
i.:.
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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
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. _
Date of Services: 2022 — Current
Contract Value: $80,000
Public Agency Reference: Ventura County Watershed Protection District
Key Staff:
Masood Jilani, PE
Engineering Manager
805.654.2029
Masood.iilani@ventura.org
Jonis Smith, PE and Tim Muli, 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 0 AryGF
Contract Value: $300,000
Public Agency Reference: City of Santa Ana
Suzi Furjanic i( . . ME
Associate Park and Landscape Planner
714.571.4241
sfurjanic@santa-ana.or
Key Staff: 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@yucaipa.org
Tim Muli, PE; Jonis Smith, PE
Public Entity Reference-5:
CITY OF
r�
Project Name: Laguna Canyon Channel Improvement Project -Beach Street to The Ocean
Date of Services: 2018 — 2020 tipG UNq
Contract Value: $430,000
Public Agency Reference: City of Laguna Beach r _
Tom Perez, PE
Senior Civil Engineer r"CIF
.0P
949.464.6688
tperez@lagunabeachcity.net
Key Staff: Jonis Smith, PE; Tim Muli, PE
Thornton Park Lake Circulation Study and Renovations Page 18
H. Fee
See the Project Fee Proposal that we have provided separately in the Planetoids 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
III. Resumes
IV. City Forms
• Non -Collusion Affidavit
• Non -Lobbying Certification
• Non -Discrimination Certification
Thornton Park Lake Circulation Study and Renovations Page 20
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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 arc 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
thaSekaking a false may subject the certifier to criminal prosecution.
Signed
State of al' omia
countyby
4zr'.:I� 2 ?
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 Wording
Notary Public Seal
Page 1 of I
CALIFORNIA JURAT GOVERNMENT CODE § 8202
.���:;xr����r�•��a�ir���Se����s�fa��:��ti.x.�s���r���s�nri�r�e�?n.�t�n:�ts'�s��a�s
A notary public or other officer completing this certificate verifies 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
Co unty of
Orange
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)
JOSHIIA 15AIAH NIJN❑
r
Notary Public California Nam of 5i ner
Orange Cotnty
Commission .12294691
< CR h1y Comm. Expires Feb 22, 2fl26 proved to me on the basis of satisfactory evidence to
be the person(s) who appeared before me.
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public
Completing this information con deter alteration of the document or
fraudulent reattachment of this form to on unintended document.
Description of Attached Document
Title or Type of Document: Non- Collusion Affidavit
Document Date: February 23, 2023 Number of Pages:
Signer(s) Other Than Named Above:
02019 National Notary Association
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,A subrecipients shall certify and disclose accordingly.
Signed: J4�0
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-DISCRIMINATION 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. In 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
7. 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: rl'] �}
Title: ' President
Firm: J. Smith & T. Muli, Inc.
Date: February 23, 2023
Page 2 of 2
EXHIBIT C
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. M U L I
0 0
0
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. Muli 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 'smith@jstminc.com and Tim
Muli, 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 Muli, 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 0 0
San Juan Capistrano, CA 92675 '
949.329.3639
https://www.ostminc.com/ ❑�
Sincerely,
J is Smith, PE, CFM, QSD/P, Env SP
Principal
Tim Muli, PE, CFM, QSD/P, LEED AP
Principal
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T. MULI
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
Drafting/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 of 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 1% per month of the outstanding balance until paid in full.
J. SMITH & T. MULI, INC. Effective January 1, 2023