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HomeMy WebLinkAboutItem MAGENDA STAFF REPORT DATE: April 23, 2018 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Steve Myrter, Director of Public Works SUBJECT: Approving Professional Service Agreement for Construction Management/Inspection Services for the Seal Beach Pier Improvement Project No. BP1002 SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6820: 1. Authorizing the City Manager to execute a professional services agreement for construction management/inspection services with Simplus Management Corporation for $596,220; 2. Authorizing the City Manager to approve potential contract changes to the professional services agreement with Simplus Management Corporation in the amount not to exceed $59,600. BACKGROUND AND ANALYSIS: At the February 26, 2018 City Council meeting, the City Council approved a Request for Proposals (RFP) provide Construction Management / Inspection Services for construction of the Seal Beach Pier Project and authorized staff to solicit for proposals. The scope of this project includes reinforcement and repair of damaged piles and pile caps, new stringers, decking, structural repairs to the pier framework, a new fire line and domestic water line, new decking, demolition and replacement of the existing sewer pump station, a new electrical transformer and all other utility lines as necessary. The project scope also includes the installation of a new hand railing and refurbishment of the existing pier lighting. Seven consultants were solicited for proposals. On March 27, 2018, two firms submitted proposals, Michael Baker International and Simplus Management Corporation (Simplus). The remaining five firms declined to submit proposals. In accordance with the selection process outlined in the RFP, a selection committee (committee) comprised of Public Works engineering staff was formed to evaluate and rank the proposals received. This two -step process required the Agenda Item M committee to thoroughly evaluate and rank each proposal based on a set of specific criteria as specified in the RFP. The top ranked project teams were then interviewed by the committee in order to provide an opportunity for the committee to further ask questions as needed to gain additional clarity and insight regarding the information provided in their proposals. At the conclusion of this process, the committee selected Simplus Management as the top ranked and most qualified project team. Simplus is a firm which specializes in Public Agency Construction Management/Project Management Services. They have successfully delivered numerous marine construction projects including new piers, large waterfront development and wharf/port retrofits. Simplus has assembled a team with extensive and specialized experience providing construction manage ment/inspection services on marine and pier facility type projects. The Simplus project team will be led by Mr. Stephen Mutch, who will serve as the Construction Manager /Resident Engineer. He is a registered Civil Engineer and a certified Construction Manager (CMAA #2384) with over fifteen years of direct construction management experience of public works projects, many of which were within the marine environment. He will have a full time presence at the project site to make sure that the project is delivered within budget, on time and in a safe effective manner. With his leadership on this project the construction inspectors will be able to focus their efforts solely on the construction itself, and not on outside factors. Simplus understands the complex nature of this project due to the attractiveness of the pier environment for visitors and the public in general. Simplus has included MBI Media, a seasoned outreach coordination company that has worked on some of the largest, high - profile projects in Southern California as part of the project team. They will help create a project environment that will engage the residential and business community and make sure that project information is presented in a clear, concise and timely manner. The Simplus project team is proposing a quality control and quality assurance approach to the duties of providing construction manage ment/inspection services that will keep the project progressing with minimal interruptions and at the highest level of efficiency possible. Simplus will oversee and manage all of the following scope responsibilities: o Web -based document control system o Jurisdictional project coordination o Scheduling and task management o Daily, weekly and monthly project meetings o Construction progress monitoring and cost control o Inspection o Project close out and claims management assistance Simplus will provide the Construction Manage ment/Inspection services for the Pier Improvement Project as summarized above and detailed in their proposal for an hourly not -to- exceed fee of $596,220. .'' The City's selection committee has met with the City's insurance provider and their construction expert. They have reviewed the selection committee's notes used to rank the firms and agreed with the committee's recommendation to select Simplus Management Corporation to perform this work for a not -to- exceed fee of $596,220. Portions of the final project construction, cost, including the construction management, inspection and engineering support services, will be paid for by the insurance company. Actual construction cost totals are known. ENVIRONMENTAL IMPACT: The City previously carried out a comprehensive Initial Study /Mitigated Negative Declaration (the "IS /MND ") to assess the potential environmental effects of the pier repairs pursuant to the California Environmental Quality Act, ( "CEQA "), and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.) (the "Guidelines "), and adopted Resolution No. 6736 on May 22, 2017, adopting the Final IS /MND and Mitigation Monitoring and Reporting Program for the project. The City has independently reviewed and considered the approved IS /MND and Mitigation Monitoring and Reporting Program in evaluating the proposals and preparing this professional services agreement for the project. In addition to the IS /MND, the City has successfully obtained a Coastal Development Permit (Permit Number 5 -17 -167) and will follow the conditions of the permit. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: The Fiscal Year 2017/2018 Budget allocates $3,730,000 for the project. This current budgeted amount will be sufficient to cover the costs for the City's portion of the remaining work to be completed including project construction, construction support services, and construction manage ment/inspection services. RECOMMENDATION: That the City Council adopt Resolution No. 6820: Authorizing the City Manager to execute a professional services agreement for construction management/inspection services with Simplus Management Corporation for $596,220; Authorizing the City Manager to approve potential contract changes to the professional services agreement with Simplus Management Corporation in Page 3 the amount not to exceed $59,600. SUBMITTED BY: Steve ?ligetu Steve Myrter, Director of Public Works NOTED AND APPROVED: P& J2.9ngnam. Jill R. Ingram, City Manager Prepared by: David Spitz, P.E. Associate Engineer ATTACHMENTS: A. Resolution No. 6820 B. Simplus Management Corporation PSA Page 4 Attachment "A" RESOLUTION NUMBER 6820 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH SIMPLUS MANAGEMENT CORPORATION FOR CONSTRUCTION SUPPORT SERVICES FOR THE SEAL BEACH PIER IMPROVEMENTS PROJECT NO. BP1002 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME WHEREAS, the City of Seal Beach ( "City") desires to use consulting services for providing assistance in supporting staff's efforts in construction of the Pier Improvements Project No. BP1002; and WHEREAS, the City solicited proposals for construction management services to be performed during the construction of the Pier Improvement Project No. BP1002; and WHEREAS, the City wishes to enter into a Professional Services Agreement with Simplus Management Corporation ( "PSA SM ") in the total amount of $596,220 for Construction Management Services during the construction of the Pier Improvements Project No. BP1002. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the Professional Services Agreement dated April 23, 2018 between the City of Seal Beach and Simplus Management Corporation for Construction Management Services for the Pier Improvements Project No. BP1002 in the amount not to exceed $596,220 (five hundred ninety -six thousand dollars), attached hereto as Exhibit "A" and incorporated herein by this reference as though set forth in full, and rejects all other proposals. Section 2. The City Council hereby authorizes the City Manager to approve payments for additional work requests in connection with PSA SM in the amount not to exceed $59,600 (fifty -nine thousand six hundred dollars). Section 3. The City Council hereby authorizes the City Manager to execute the PSA SM, and all related documents, on behalf of the City. Section 4. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of April, 2018 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Mike Varipapa, Mayor ATTEST: Robin L. Roberts, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6820 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23`d day of April, 2018. Robin L. Roberts, City Clerk Attachment "B" PROFESSIONAL SERVICES AGREEMENT For Construction Management, Pier Improvements Project No. BP1002 Between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 M Simplus Management Corporation 11095 Knott Avenue, Suite L Cypress, CA 90630 (714) 209 -7671 - Phone (714) 209 -7681 - Fax This Professional Services Agreement ( "the Agreement') is made as of April 23, 2018 (the "Effective Date'), by and between Simplus Management Corporation ( "Consultant'), a California Corporation, and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). RECITALS A. City desires certain professional services for construction management, in the manner set forth herein and more particularly described in Section 1. B. Consultant represents that it is qualified and able, by virtue of experience, training, education, and expertise, to provide City with the services required by this Agreement in a good and professional manner, and it desires to provide such services as provided herein. The City enters into this Agreement in reliance on those representations. C. City desires to retain Consultant and Consultant desires to serve City to perform those services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide those services ( "Services ") set forth in the attached Exhibit A (Consultant's Proposal, dated March 27, 2018), which are hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 2of15 1.5. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (a) has investigated and considered the scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. 1.6. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue until September 30, 2019 unless previously terminated as provided by this Agreement. 3.0 Consultant's Compensation City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B,. attached hereto and incorporated herein by reference, for Services but in no event will the City pay more than $596,220 (five hundred ninety -six thousand two hundred and twenty dollars). Any additional work authorized by the City pursuant to Section 1.6 will be compensated in accordance with the fee schedule set forth in Exhibit B. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services. rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant all undisputed fees within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll taxes and other required taxes, or other authorized deductions from payments made to Consultant for services performed under this Agreement. 4.2. Upon 24 -hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other 3of15 records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.3. Notice of termination shall be given in accordance with Section 7.0. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Paul Buckley, P.E. is the Consultant's primary representative for purposes of this Agreement. Consultant may not change its representative without prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: Simplus Management Corporation 11095 Knott Avenue, Suite L Cypress, CA 90630 Attn: Paul Buckley, P.E. President 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 4of15 8.0 Personnel Consultant has or shall secure, at its own expense, all personnel required to perform all services under this Agreement. Any person who performs any of the services shall possess the qualifications, permits, and licenses required by state and local law to perform such services. 9.0 Independent Contractor 9.1. Consultant is and shall at all times remain an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards. 92 To the fullest extent permitted by law, Consultant shall defend (with legal counsel acceptable to the City, whose consent shall not be unreasonably withheld), indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. Consultant's defense and indemnification obligations under this Section are in addition to the Consultant's defense and indemnification obligations of Section 14.0. 10.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 5of15 11.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 12.0 Inspection and Audit of Records Consultant shall maintain complete and accurate records with respect to all services and other matters covered under this Agreement, including but expressly not limited to, all services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the services provided in sufficient detail to permit an evaluation of all services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the services under this Agreement. Consultant shall retain all financial and program service records and all other records related to the services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 12.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 13.0 Insurance 13.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 13.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version 6of15 of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Employer's Liability and Workers' Compensation Insurance; and, if required by the City, (4) Professional Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation in the amount required by law; and (4) Professional Liability: $1,000,000 per claim /aggregate. 13.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 13.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 13.5. Any deductibles or self- insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its directors, officials, officers, employees, 7of15 agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 14.0 Indemnification, Hold Harmless, and Duty to Defend Consultant and the City agree that the City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs and /or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City and the Indemnitees. Consultant acknowledges that the City would not have entered into this Agreement in the absence of the commitment of the Consultant to indemnify and protect the City and the Indemnitees, as set forth in this Agreement. 14.1 Indemnity for Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 14.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith (collectively "Claims "), whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, and /or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant exceed Consultant's proportionate percentage of fault. 14.2 Other Indemnities. Other than in the performance of professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, 8of15 demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages "), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 14.3 Subcontractor Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 14.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 14.4 The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Consultant's indemnity obligation set forth in this Section 14.0 shall not be limited by the limits of any policies of insurance required or provided by Consultant pursuant to this Agreement. 14.5 Consultant's covenants under this Section 14.0 shall survive the expiration or termination of this Agreement. 15.0 Equal Opportunity 9of15 Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non - discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 16.0 Workers' Compensation Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 17.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 18.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 19.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 20.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 21.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 10 of 15 22.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 23.0 Prohibited Interests; Conflict of Interest 23.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code § §1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 23.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 23.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 24.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, 11 of 15 the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 25.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 26.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH By: Jill R. Ingram, City Manager Attest: By: Robyn Roberts, City Clerk Approved as rm: By: Cr g A. Steele, City Attorney CONSULTANT By: Name: Paul J. Buckley Its: President ��I>>,.:ro Its: Secretary 12 of 15 EXHIBIT C TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ( "Chapter 1 "). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ( "DIR ") implementing such statutes. Therefore, as to those Services that are "public works', Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement. 6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor. 7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as 13 of 15 specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Consultant or any subcontractor becomes debarred or suspended during the duration of the project, Consultant shall immediately notify City. 10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one -half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 14 of 15 12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement. 15 of 15 EXHIBIT A Sim Plus March 27, 2018 Management Mr. Steve Myrter, P.E. CITY OF SEAL BEACH SIMPLUS 211 8TH Street MANAGEMENT Seal Beach, CA 90740 CORPORATION RE: Proposal to Provide Construction Management Services for the Seal Beach Pier Improvements Project No. BP1002 11095 KNOTT AVENUE SUITE L Dear Mr. Myrter: CYPRESS, CA 90630 (714) 209 -7671 It is our pleasure to submit this proposal to provide Construction Management simalusmanagement.com and Inspection Services for the subject Project. We fully understand the goals, objectives and proposed scope of work contemplated for conducting the pre - construction, construction phase and final acceptance /close -out services. Executive Summary: Work Plan: We are presenting a well thought -out and detailed approach to the work plan. The work plan identifies not only the technical construction management process and procedures, but also includes essential work elements, including regulatory agency, City, and utility company coordination. Our team has developed an active community construction outreach program directed to the City's stakeholders, including the residential community, businesses and elected officials. Work Schedule: The schedule constraints Imposed by the Coastal Commission will require all the project stakeholders to keep their 'eyes on the ball". Construction issues arise on any construction project. The key here is to keep ahead of the contractor in thought process and planning. Issues must be resolved quickly so as not to impact schedule. Staffing Plan: We are proposing the "A team ", seasoned construction management professionals, experienced in construction of piers and other waterfront structures. Our proposed Project Manager, Mr. Stephen Mulch, P.E., CCM, In addition to his qualifications and experience on waterfront structures, also provided construction management services on a major public essential service facility for the City of Signal Hill. Company Qualifications: With its 22 years in the industry, Simplus has successfully managed construction of more than $850 million of public works construction without a single claim that could not be resolved equitably before the end of the project. No claim has ever gone to mediation or court. Our primary sub-consultant, MBI Media, has extensive experience in facilitating outreach campaigns for a variety of public infrastructure projects. We are including two additional sub - consultants for specialty as needed services. References: More than 75% of Simplus' work is with repeat clients, some with over 20 years of continued service. We encourage the City to contact our references and hear why our combination of attention to detail, quality services and client satisfaction has earned us trusted professional relationships. What Differentiates Simplus from our Competitors? • Simplus specializes in only one service - Agency CM /PM Ser focus is not diluted by being everything to everyone. • Simplus has managed construction of a new pier and a 60 -acre waterfront development for a local municipality, the City of Long Beach. Simplus has managed retrofit of two commercial piers for a public port authority, the Port of Long Beach. • Simplus has successfully managed construction of piers and waterfront development projects where the marine contractors were either Meeks Construction, Manson Contractors and/or Connolly Pacific. Simplus understands how marine structure contractors approach a contract. • We approach construction management with a proactive style, directed towards flexible, right -sized staffing, implementing strict project controls, and effective communication. What sets us apart from our competition is our combination of extensive field experience with an In -depth understanding of cost control, schedule adherence, and the ability to adapt to and manage change. • Our strength is our ability to adapt to the changing needs of our clients and to provide experts to undertake complex projects. We achieve this through working collaboratively in a professional approach, utilizing our proficiency In managing the required construction processes, and forward thinking and problem solving. We have reviewed the City's Sample Agreement and Insurance Requirements as contained in the RFP. We have no exceptions or deviations of the proposed language of the Sample Agreement or the Insurance Requirements. Simplus is aware that this project is covered by "Prevailing Wage" and will fully comply with the appropriate sections of the California Labor Codes. Simplus is registered with the California Department of Industrial Relations, and qualified to perform public work pursuant to section 1725.5. Our Registration number is 1000022295. As President, I am the individual to be contacted for clarification of this proposal, and the person authorized to negotiate a contract and bind Simplus in a contract with the City of Seal Beach. Please contact me at our office at 11095 Knott Avenue, Suite L, Cypress, CA 90630, through our main line at (714) 209 -7671, or my cell phone at (562) 743 -9400, or via e-mail at obucklev (a)simolusmanacement.00m. Sincerely, Paul J. Buckley, P.E. President SECTION 1 Work Plan SECTION 2 Work Schedule and Proposed Level of Effort SECTION 3 Staffing Plan SECTION 4 Company Qualifications SECTION 5 References SEPARATE Fee Proposal DOCUMENT _i 12 13 19 25 GENERAL MANAGEMENT APPROACH Simplus will provide its best professional advice and consultation in a timely manner concerning construction contract administration, planning, organizing, implementing, monitoring, and managing the construction of reliability and safety improvements proposed for the Seal Beach Pier Improvements. Our Construction Manager /Resident Engineer (CM /RE) will be assigned on a full -time basis for a period of 207 working days and will be mobilized based on the demands of construction activities. The Simplus CM /RE will function as an extension of the City of Seal Beach's staff with all communication flowing through the Simplus Principal -In- Charge. Simplus' proven systems and procedures will bring each team member's expertise and experience to the proposed Project In an effective and meaningful manner. Simplus' Construction Management approach is based on a high degree of communication and proven project tracking tools. Technical quality, budget and /or schedule issues may arise during any project. Simplus' approach is to "plan for success" by identifying issues early and working them out quickly and efficiently. Effective communication and coordination between the City's Project Manager, Seal Beach staff, Project stakeholders and the Simplus team will be key. UNDERSTANDING OF THE PROJECT The project site is the Municipal Pier in the City of Seal Beach. The pier was constructed in 1906 and is approximately 1,865 feet long. The pier serves as a popular destination point for the SECTION 1 public to come and enjoy the beach and ocean. The pier is also located at the end of Main Street in the City's Old Town Area, which is the City's primary visitor serving commercial area. Inspections of the pier in 2008 and 2015 determined the pier was structurally in fair condition but required localized repairs. Such repairs included replacement of various mechanical attachment hardware, splitting timber piles, two concrete encasements, and structural members underneath the main walkway of the pier. In addition, the inspections identified a need to replace the pier fire line. In addition to the fire line, existing water, sewer, and gas lines have deteriorated over the years requiring replacement. Re-docking, as a result of line replacement, was identified as a need as well as some limited pile repair work. In May 2016, the pier was damaged by an electrical fire at the end of the pier. The fire burned a building that previously operated as a bait shop and the building that formerly housed a Ruby's Diner restaurant. The fire also caused structural damage to the pier's decking, stringers and pile wraps. Emergency repairs were performed by the City between May and July 2016. Some of the structural repairs identified in the 2015 inspection were completed through the emergency repair work; however, remaining repairs needed to be completed for satisfactory structural safety. The City is proposing to prepare the pier for a future tenant at the end of the pier. These upgrades and repairs would include replacing the utility lines and remaining structural repairs from the pre -fire pier inspection due to deterioration and aging. Remaining structural repairs would occur along the length of the pier. The proposed work includes the following actions: Replacement of existing timber decking from Bents 69 -82. Page 1 of 25 FSC [l WORK PLAN SECTION 1 " • Replacement of existing utility lines, including the 6 -inch fire line, 2 -inch domestic water line, 4 -inch sewer line, gas, and electrical conduits and distribution lines. • Replacement of corroded utility line support clamps. • Replacement of existing safety lighting, including appurtenances and LED fixtures. • Replacement of damaged or deteriorated stringers. • Installation of new stringers to bring the loading capacity of the public platform to code. • Reinforcement of split timber piles with fiberglass sleeves and cementitious or epoxy grout. • Protection of charred timber piles with fiberglass sleeves and epoxy grout. • Removal of damaged tops of piles and replace the section using the corbel approach (splicing a second cap member to the shortened piles). • Repair of pile wraps short of the mudline or with abrasion damage by Installing a wrap extension or fiberglass sleeves with cementitious grout or epoxy. • Replacement of damaged or missing pile wraps. Replacement of broken pile at Bent 82. Repair of cracked concrete encasements with fiberglass sleeves and cementitious or epoxy grout. • Replacement of marginal transverse and longitudinal braces. • Repair of handrail sections and posts with splits, missing nails, or charred rail. • Replacement of missing or corroded connecting hardware. • Replacement of missing or reinstall loose blocking. • Replacement of termite damaged rail. Construction best management practices will be implemented during pier work and will include the following: Use of turbidity curtains during any installation of piles or sleeves. The turbidity curtains will be left in place until the clarity of the water inside the curtains approaches normal conditions based on visual observations. • All construction equipment will be in proper operating condition. The construction contractor will ensure that the equipment is properly maintained and keep an equipment maintenance log. • No construction materials, equipment, debris or waste will be stored where it may be subject to inundation or dispersion in the waters. Floating debris will be contained with the project site and removed as soon as possible but no later than the end of the day. Reasonable and prudent measures will be taken to prevent all discharge of fuel or oily waste from construction equipment. The construction contractor will have adequate equipment available to contain any such spill immediately. Complete construction will take approximately 12 months and is anticipated to take place from September 4, 2018 to March 2, 2018. No work will take place on -site between May 25, 2018 to September 4, 2018. The pier will be opened to the public (from bent 0 to bent 74) between the hours of 6 am and 10 pm except in construction zones for public safety purposes. Work will only take place during the hours of 10 pm and 6 am to facilitate construction activities impacting the entire width of the pier deck (between bent 0 and bent 74) which would render public access unsafe. The staging area will be located in the 10"` Street Public Beach Parking lot and will occupy an approximately 6,000 square feet portion of the lot. CONSTRUCTION MANAGEMENT PROJECT WORK PLAN TASK 1 - BASIC SERVICES: Simplus will oversee, perform and coordinate CM services, including a process for ongoing risk analysis as required to verify and assure the timely completion of the work. Simplus will prepare reports, letters, and memoranda; Page 2 of 25 l'1 conduct meetings; monitor and track the expiration of insurance requirements and obtain updated certificates from the contractor; coordinate sub - consultants, testing, and specialty services; review daily inspection reports and identify and resolve nonconforming Items; notify the City of significant problems and discrepancies; interpret drawings, specifications, and reference standards; monitor construction activities and schedules; resolve constructability problems; coordinate connections and operations; prepare change orders; review and notify contractor of material test results; investigate claims; review the contractor's project record drawings periodically and concurrently with the contractor's progress payments; prepare project punch lists; lead resolution of day -to -day construction issues; coordinate with the City's Design Engineer and contractor on technical issues and concerns; interface with the Design Engineer for resolution of technical issues, processing of change order requests or design changes; provide labor compliance monitoring services; and all other duties related to CM requested by the City. Task 1.1 — Construction Management Plan. Simplus will prepare a Construction Management Plan which will include at a minimum the following elements: Organization Structure: An organization chart clearly showing lines of authority and communication, a matrix showing roles and responsibilities of the Simplus team, including sub - consultants, City of Seal Beach staff, General Contractor and City's Design Engineer. Meeting and Occurrence Procedures: This section of the Plan will establish schedules, notices, agendas, meetings reporting procedures, documentation requirements, and acceptance process. Quality Control and Quality Assurance: The Plan will describe Simplus' procedures for monitoring the General Contractor's project Quality Control activities and procedures for Quality Assurance, including coordinating the City's construction materials laboratory testing and specialty inspection consultant. SECTION 1 Contract Compliance Procedures: This section will describe Simplus' procedures for expediting and processing submittal reviews, clarifications, change order requests, and close out activities. Contract compliance will also include compliance verification of the General Contractor's prevailing wage and apprentice program. Task 1.2 — Community Outreach. Public works construction projects can have a dramatic impact on the community. For this reason, reaching out to the local businesses, residents and community leaders who live and work in the downtown neighborhood is vital to the success of the pier improvement project. Simplus and its sub - consultant, MBI, will meet with the City to outline an effective community outreach program to keep the local community appraised of construction activities and schedules. We envision a combination of services, including: Community Madras, MBI has decades of experience in facilitating all types of public meetings from one -on -ones and community workshops to large -scale project open -house meetings. In coordination with the City of Seal Beach, we will facilitate two community meetings prior to construction to maximize participation, stimulate discussion and encourage feedback from diverse stakeholders. If necessary, we will facilitate one more meeting during construction. f3rasaroota / Direct Outreach. An essential component to keeping the local stakeholders engaged and educated Is the grassroots outreach. Prior to construction, MBI will implement a boots -on- the - ground outreach effort, including direct, door -to -door canvassing. Walking along Ocean Avenue and Main Street, we will engage with local, Impacted businesses and business owners by meeting with them face - to -face to gain input on some of the main concerns and /or priorities. When requested, the MBI team is prepared to staff City - sponsored booths at up to five pop -up events to promote the Seal Beach Pier Improvements Project. We are very familiar with this and have worked with other clients in the past at community events like, farmers markets, First Fridays, networking walks, and other special events. Page 3 of 25 ral jam. MBI can set up and monitor a telephone information line that will provide the public direct access to project information, while also allowing them to offer their input or share concerns. In cooperation with the City, MBI can draft efficient responses to queries, while also maintaining a database of all comments and responses that can be presented in a comprehensive report documenting the Information line call log. Websfte. MBI will work with the City to ensure that the latest project updates are posted on a dedicated website page that will be maintained throughout the duration of the project. Marketing. MBI prides itself on being able to engage and communicate effectively with people from all walks of life. Whether it be through traditional print, with ads in Sun Newspapers or The Orange County Register, and through social media services like Facebook, Twitter and Instagram, we will make sure that the project gets the attention it deserves. MBI can also assist the City with its social media presence by scheduling Facebook posts to be more consistent and engaging, offering recommendations for Facebook Live coverage of project - related community events, and assisting in managing content for Twitter posts that will gain a high number of retweets and favorites by posting consistently and impactfully. MBI can also distribute educational material, newsletters, project news and updates, and information about upcoming community meetings through email blasts. Moreover, MBI can develop and produce collateral materials, in conformance with the City's standards, that support the Seal Beach Pier Improvements Project. MBI's in- house design studios can provide delivery of high - quality outreach materials, including informational pamphlets, fact sheets, brochures, posters, flyers, and FAQs. City Council Updates. Every two weeks, the Project Team will meet with the City Council to provide brief project updates and answer any questions related to the outreach efforts being provided. SECTION 1 TASK 2 - PRE-CONSTRUCTION PHASE SERVICES: Task 2.1 - Simplus Staffing. Simplus' construction management personnel. Construction Manager /Resident Engineer and Field Office Engineer will be available a minimum of two weeks before start of construction until a maximum of four weeks after acceptance of the project construction. Task 2.2 - Project Control System. Simplus will utilize its web -based Project Document Control System (VPO) for managing the electric and hard copy files, maintaining a logging system, including dates received and returned of all documents such as submittals, RFI's and correspondence, upload and link to files, notifications of overdue items, provide responses online, track average turn - around time, track rejected and to be re- submitted items, manage personnel access to data depending upon project role, aleuronic signature /stamping, all data will remain the sole property of the City and provided to the City in an accessible format, when projects are complete and /or the system discontinued. Simplus will participate in setup of the document control system with City staff to establish review, procedures and notifications. Task 2.3 - Establish a Submittals List. Simplus will review the project specifications and develop a log listing all required contractor submittals. Numbers will be assigned to each submittal as well as an estimate of long lead items. Immediately upon award of the Construction Management contract, this list will be provided to the contractor for use in preparation of submittals. This will ensure that initial critical path Items are not delayed due to submittal requirements. Task 2.4 - Field Office and Equipment. Simplus shall closely coordinate with City staff to locate field offices on the site for the duration of the construction. The field office location will have a combination of least Impact to existing City /Lifeguard and pier operations while providing the best vantage point for management of the project. We will discuss with the General Contractor contractual requirements concerning the field offices and coordinate delivery and installation of such items. Once in place, Simplus will utilize the facilities furnished by the City through the General Contractor. Simplus will furnish its field staff with office supplies, computers, tools, inspection gear, cameras, Page 4 of 25 WORK PLAN paper and any other items as required to provide suitable facilities and to perform project tasks. Simplus will also provide its employees with all required safety equipment. Simplus will provide its own field vehicles, and be responsible for fuel, maintenance, insurance, and other incidentals associated with such vehicles. Task 2.5 — Kick -Off Meeting: The first meeting will be a kick -off meeting held at City of Seal Beach offices. This 2 -hour meeting will establish roles and responsibilities of City of Seal Beach Project Manager and City staff and Simplus CM /RE and other Simplus staff. Task 2.6 — Jurisdictional Project Coordination. Simplus's CM /RE will report directly to the City's Project Manager on all project activities and coordinate with appropriate jurisdictional agencies, including other City departments, outside agencies, utility companies and others as outlined in the City's RFP, including: City Attorney's Office City Council Offices Financial Management • Fire Department - OC Fire Authority Lifeguard Department Gas & Oil Department Police Department Public Works Department Planning & Building Department Water & Sewer • Electric Power — SoCal Edison Gas Company Cable TV - Verizon Telephone and Communications Regional Water Quality Control Board • United States Army Corps of Engineers Task 2.7 — California Coastal Commission. The major issues before the Commission relate to public access, water quality and marine resources. Commission staff is recommending approval of the proposed development with Seven Special Conditions regarding: 1. Future improvements return to the Commission for review; 2. Timing of construction; • No construction shall occur during the "peak use" beach season, defined as the period starting the day before the Memorial Day weekend and ending the day after the Labor Day weekend. • The majority of construction work will lake place between the hours of 7:30 am and 8 pm. The pier will be opened to the public (from bent 0 to bent 74) between the hours of 6 am and 10 pm except in construction zones for public safety purposes. Work will only take place during the hours of 10 pm and 6 am to facilitate construction activities impacting the entire width of the pier deck (between bent 0 and bent 74) which would render public access unsafe. 3. Use of construction best management practices (BMPs): (1) the debris disposal site to be located outside the coastal zone; (2) conformance with Water Quality Management Plan; (3) pressure treated wood in the marine environment; and (4) pier pilings and water quality. Task 2.8 — Review Project Schedule. Using Primavera P6, Simplus will review, analyze, and comment on the General Contractor's initial construction schedule along with each monthly update submitted by the General Contractor. Simplus will review and evaluate the General Contractor's CPM schedule outlining major start and finish dates and update schedules each month to show current project status. Simplus will reconcile General Contractor's cost loading of schedules with CM's cost schedules, and General Contractor's schedule of values and construction schedule with the Design Engineer's construction cost estimate and schedule. Simplus will verify the schedule clearly identifies major construction activities and establishes milestones for each segment of the construction activity. Simplus will establish /confirm the schedule for the purchase, fabrication, inspection, delivery and installation of equipment, materials and fixtures. Following review and approval by Simplus and the City's Project Manager, the approved schedule will become the baseline schedule, which Is a "benchmark" for monitoring performance, evaluating delays and assessing the impact of changes. It will serve as the basis for granting time extensions. Task 2.9 — Review Schedule of Values and Coats. Simplus will review the schedule of values submitted by the General Contractor and check Page 5 of 25 include a broader attendance, including City of Seal Beach staff and the City's Design Engineer. Task 3.1.3 - Special Meetings: Special meetings may be required to address significant events or findings during construction that warrant special attention or pose potential problems /hazards to completion of the project, particularly those which may result in significant change orders or claims. Simplus will promptly investigate each special issue and make recommendations as to a possible resolution. When and if a particular matter is in dispute, early identification and settlement of conflicting issues will be sought by conferring with the contractor and, if necessary, resolution meetings will be scheduled. Simplus will attend the General Contractor's regularly scheduled safety meetings. Task 3.2 — Review Contractor RFI's and Submittals. Simplus will review and respond to General Contactor RFI's. Every effort will be made to review and provide appropriate responses to the contractor's RFI's prior to Involving the Design Engineer. RFI's will be distributed to appropriate staff and Simplus will coordinate timely responses. Simplus will review answers and prepare formal responses to the contractor within five calendar days of receipt of the RFI, or as needed to meet schedule requirements. Simplus will assist the Design Engineer to ensure any deviations or substitutions submitted by the General Contractor shall be equal to or better quality than specified in the contract documents. Simplus will verify all substitutions receive the Citys Project Manager concurrence prior to approval. Simplus will review RFI's and submittals and immediately return items that are Incomplete to the General Contractor. Simplus will immediately transmit all complete submittals and RFI's to the Design Engineer and copy the City's Project Manager. Simplus will then monitor the City's Design Engineer review time to assure it does not exceed the contractual time limits and then after reviewing responses from the Design Engineer, and approval of the City 's Project Manager, transmit the Information to the General Contractor. Weekly exception reports identifying outstanding submittals and reviews will be documented and SECTION 1 discussed at the weekly construction meeting. Simplus will lead resolution of day -to -day construction issues raised, coordinate with inspectors, Design Engineer, General Contractor and City's Project Manager as required to reach issue resolution. Simplus will log, track and maintain shop drawings, calculations, data samples, submittals, RFI's, and manuals from the General Contractor. The submittal log will be updated as items are received and responses given. Task 3.3 — Verify and Process Contractor's Monthly Payment Requests, Prior to the Notice to Proceed, the General Contractor will submit for approval by the City, a schedule of values for all lump sum items. Simplus and the General Contractor will meet to review and verify quantities of work completed each monthly period. Once agreed upon, the General Contractor will submit an invoice for work completed. Simplus will initiate the progress pay procedures. Simplus will coordinate the review of the General Contractor's monthly progress payment request with City's Project Manager and prepare a written recommendation stating the proper amount of payment. Simplus will use the schedule of values and actual quantities installed as a basis for the recommendation. Task 3.4 — Issue Written Field Order. In specific Instances when field conditions indicate a need for the contractor to vary from the plans and specifications, Simplus will perform a field investigation of the issues and identify solutions. The CM will then contact the Citys Project Manager and discuss the issue and make recommendations. Upon direction from the City's Project Manager, the CM will issue written field orders to the contractor outlining the proposed changes and payment provisions, The CM will then follow up this procedure by processing a formal change order for approval. Task 3.5 — Process and Track Change Orders. Simplus will assist with preparation and analysis of extra work orders and change orders. A very strict disciplined set of procedures will be followed for change order processing. All contract change orders must be issued by the City's Project Manager. Simplus has no authority to Page 7 of 25 for unbalanced pricing, ensuring that all Items are quantifiable and can be verified. Task 2,10 - Ensure Contractor has a Clear Understanding of Project Requirements. Simplus will review in detail the following items with the General Contractor's project manager /field representative: • Contractual, physical and operational constraints. Critical milestones in the project schedule. RFI, RFQ and submittal procedures. Required documentation. Progress payment procedures. • Permit requirements. Initial 4 -week look -ahead schedule. Task 2.11 - Existing Site Conditions. Prior to the pre - construction meeting, Simplus will analyze conditions and look for any new physical or operational constraints. This knowledge will provide a means to save time and money by responding to General Contractor's questions more intelligently, ensuring that the plans and specifications reflect existing site conditions, and minimizing the possibility of change orders and claims. Task 2.12 - Pre- Construction Meeting. Simplus will conduct a pre - construction meeting, led by the CM /RE. The pre - construction meeting will cover (at a minimum) the overall project objectives, responsibilities of key personnel and agencies, schedules, schedule of values, procedures for handling submittals, correspondence, utility relocations, local agency permitting, requests for clarification, progress payments, change orders, safety and health issues, emergency response requirements and other project pertinent topics. Task 2.13 - Plan Ahead of the Contractor. One of the most important roles for Simplus is to always stay at least one month ahead of the General Contractor in thought process and planning. This allows the CM /RE to be in a position to anticipate whether the General Contractor is aware of upcoming critical issues, submittals, long lead items, etc. This also gives Simplus time to meet with the Design Engineer and the City's Project Manager to get clarification on Issues that may appear unclear in the plans and specifications and have answers to questions before they arise. Critical items will be brought up in the weekly SECTION 1 progress meetings and documented This is a good claims avoidance technique. TASK 3 - CONSTRUCTION PHASE SERVICES: Task 3.1 - Meetings. Simplus will schedule progress meetings and other job conferences as required in consultation with the City's Project Manager and notify those expected to attend. Simplus will document the meetings as well as prepare meeting agenda for distribution to all attendees, and other meeting documentation, and prepare /distribute meeting minutes for the following meetings: There will be three types of meetings during the construction phase of the project (following construction contract award), weekly /monthly progress meetings, and special meetings as necessary to address issues or adverse conditions. Task 3.1.1 — Weekly Construction Progress Meetings: The one -hour weekly meetings, held at the site, will include (at a minimum) the following: • Comments on previous meeting minutes. • Progress and schedule review. • Contract status and issues. • Construction status and issues. • Submittals and documentation review. • RFI review. • Health and Safety Issues. • Review any Change Order Requests, out -of- scope or extra work occurring during the previous period. Review any changes or unforeseen conditions that have come to the contractor's attention. Simplus will document key discussions at the progress meetings and prepare meeting minutes for distribution to all attendees via email the same day. A copy of the meeting minutes will also be posted on the project website. Task 3.1.2 — Monthly Progress Meetings - Cost/Schedule Update Meetings: These 2 -hour meetings will be held at least on a monthly basis and will include at a minimum the following items: overall project schedule status, overall project budget status, contract time summary to date, progress payment (if applicable), and change order requests. The monthly meetings will Page 6 of 25 J 1 issue change orders. The owner- initiated changes will be Initiated by the City or the Design Engineer. Simplus will negotiate and document cost increases or credits with the General Contractor and assess schedule impact. Simplus will advise the City's Project Manager of equitable time and cost adjustment. For each extra work, Change Order and/or dispute, Simplus will: • Identify, prepare, log and monitor all contract force account work, extra work, change orders and disputes; • Assist the City's Project Manager with resolution of extra work and changes to the contract with the General Contractor; • Prepare written justification, schedule impact and cost estimates for each change order and negotiate costs with the General Contractor. Justifications will Include: a statement of extra work or change; detailed description of the extra work or change; background leading to the issue; resolution alternatives and resolution recommendation for action by the City of Seal Beach Project Manager. Simplus will submit change orders to the City's Project Manager for approval within seven days of the finalization of negotiations. • Assist and support City's Project Manager in analyzing, responding to, negotiating, and resolving any disputes. Simplus will report all verbal and written disputes immediately to the City's Project Manager and coordinate all disputes with the City's Project Manager. • Coordinate with the Design Engineer, as necessary, regarding their review and analysis of change order requests. The Design Engineer may perform special design services, as necessary, for the analysis of change order requests. Task 3.8 — Coordination with Others. Simptus will coordinate and assist in processing any required permits, including those issued by the California Coastal Commission, Regional Water Quality Control Board, Corps of Engineers, California Department of Fish and Wildlife, at a minimum. Simplus will verify full compliance with all pre - construction, construction and post - construction permit requirements as needed. SECTION 1 Simplus will verify that all required perimts have been obtained. Environmental support duties will include. but not be limited to, review and comment on Water Quality Management Plans (WQMP), and Storm Water Pollution Prevention Plans ( SWPPP). Simplus will review and monitor contractor's compliance with "Best Management Practices" to prevent storm water pollution for construction - related activities and as listed in the SWPPP, if applicable. Simplus will verify the General Contractor's compliance by providing periodic inspection by qualified SWPPP practitioner to confirm the General Contractor is complying with its SWPPP and with storm water regulations. Utility Coordinating. Simplus will coordinate and assist in pre-construction notification of affected utilities. Traffic Control. Simplus will assist with monitoring all traffic control plans and review General Contractor's submitted traffic control and detour plan for compliance with the contract documents and for completeness and adequacy to accommodate traffic during each planned stage of construction. Task 3.7 — Photo and Video Documentation. Color photo documentation is very important to record progress onsite. Color video documentation will be done at the beginning of the project to document existing conditions. Video will also be taken at critical milestones with an audio narrative to enhance the video presentation. High - resolution photographs will be taken as often as needed (e.g., daily, hourly) with a digital camera with date /time stamp on each photo. Critical views shall be established before construction begins and progress photos shall be taken from those locations throughout construction. In addition, photographs of specific activities will be taken, including potential or known deficiencies. Photos will be uploaded to the document control website on a daily basis. A set of the photos will be used in monthly progress reports submitted to the City's Project Manager and a set shall be kept by Simplus in a continuous photographic log of the project. Upon completion of the project, the Page 8 of 25 CI j digital photos and videos shall be submitted to the City's Project Manager. Task 3.8— Tracking Control Procedures. Simplus will document all relevant project communications and promptly distribute to the City's Project Manager and other applicable parties. Simplus will maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of RFI's, change orders, progress payment requests, progress meetings, daily inspection reports and all other project correspondence. All original project documents and final project reports (not already in the document control system) will be furnished to the City's Project Manager within sixty days following filing of the Notice of Completion. All relevant project communications and documents will also be furnished in electronic format. Task 3.9 — Progress Reporting Procedures. Simplus will prepare and distribute monthly reports focused on three management topics: progress, schedule and cost. Task 3.9.1. — Construction Progress: The monthly construction progress report will be prepared and submitted via email to the City's Project Manager and will contain the following elements: • A summary of the prior month's main accomplishments and current monthly activities. • Discussion on overall General Contractor's conformance to schedule, budget and quality. • Identification of key problems, action items, and issues together with recommendations for issue resolution. • Summary of progress payments, change orders, disputes, submittals, RFI's, and notices of noncompliance. • Photographs of representative project activities. Task 3.9.2. — Construction Schedule: Simplus will closely monitor the General Contractor's activities and make sure field activities and the duration of these activities match the information presented in the construction schedule. Any deviations will be incorporated into the General Contractor's subsequent monthly update. .4 SECTION 1 Simplus will utilize Primavera P6 to analyze t contractor's schedule. iW Task 3.9.3— Cost Control: Simplus will establish a cost control system for monitoring and updating the status of project costs and budget throughout the duration of the project. The computerized cost control system will integrate cost and schedule and report on any variances. Task 3,10 — QA/QC and Inspection Coordination. Simplus will provide a full -time inspector who will report to the CM /RE. The City will contract separately with a construction material testing and inspection firm to provide special inspections and all required material testing. Special inspections may include under -water inspection services, field analysis, laboratory testing and specialty field inspection (i.e., welding, poling, structural steel), Simplus will coordinate the activities of the City's lead inspector and materials testing and inspection company. Simplus will review testing results, and transmit the testing and inspection reports, findings or other related information to the City's Project Manager. Factory witnessing will be the responsibility of the Design Engineer. Simplus will coordinate these activities with the Design Engineer and General Contractor, and review results prior to transmitting to the City's Project Manager. Simplus will coordinate all daily site inspections performed by Simplus, City staff and inspectors from other entities to ensure that materials and their installation are in conformance with plans and specifications, including the following: Page 9 of 25 Construction Inspection. Simplus will provide inspection by qualified inspectors (including civil, structural, geotechnical, mechanical, electrical, Instrumentation and controls disciplines) to ensure the General Contractor's work is in compliance with the contract documents. Inspection Reports. Simplus will prepare and submit inspector's daily reports and review for format and content, prior to submitting reports to the project document management system. Daily reports will be prepared of construction activities, including weather conditions, General Contractor's equipment and labor, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Daily reports will include deviations and non- conformance to specifications and provide a timely response. Simplus will provide electronically photo - documented ongoing construction daily reports. The photo documentation will include a written description for each digital photo. Simplus will save all daily photos electronically in a photographic database with all photos identified by a detailed and descriptive file name. Task 3.11 — Review As -built Plans and Prepare As -bullt Reports. Simplus will always be aware of and document changed field conditions. Simplus will not rely on the General Contractor to document as -built conditions. Change in field conditions will be reported and photographed by Simplus as they occur. Simplus will also keep a copy of the construction documents in the CM/RE's office specifically for documenting these as -built conditions. Simplus will review the contractor's submittal of as -built conditions and compare this submittal to Simplus' documentation. Discrepancies will be discussed, resolved and recorded. Simplus will coordinate tracking of record drawings. Simplus will review the General Contractor's record drawings on a weekly basis and ensure the record drawings identify RFI's, shop drawing revisions, change order modifications, or extra work items, and that they are updated weekly. Simplus will verify all information is documented by the General Contractor or the Inspector In the field. Simplus will submit record drawings to Design Engineer at 100 percent completion for the Design Engineer to develop reproducible record drawings. The Design Engineer will review the Draft Record Drawings and sign and seal the Final Record Drawings. TASK 4 — ACCEPTANCE AND CLOSEOUT: Task 4.1 — Final Acceptance of Work. Upon substantial completion of the work, the CMIRE will initiate the following procedures to assist the City and Design Engineer to accept all work: Task 4.1.1 — Punch Lists. Simplus will prepare detailed project punch lists and coordinate the correction of deficiencies and schedule, coordinate, and conduct a final walk- through prior , SECTION 1 to acceptance of the work by the Design Engineer and the City's Project Manager. Task 41.2 — Final Payment. Simplus will review and submit to the City's Project Manager the final payment requests from the General Contractor. The submittal will be made following the City's filing of Notice of Completion. Task 41.3 — Record Drawings. Simplus will review the General Contractor's Record Drawings for completeness and submit the documents to the Design Engineer. The Design Engineer will certify, sign and seal the final Record Drawings. Task 4.1.4 — O&M Manuals. Simplus will compile and submit Operation and Maintenance Manuals, instruction manuals, parts lists, spare parts, and warranties for equipment procured, as required by the contract documents. Task 4.1.5 — Warranty. Simplus will prepare a warranty expiration spreadsheet in an electronic format for the project. The spreadsheet will contain major equipment items and be broken down into speck areas and include a product name, manufacturer, serial number, warranty period, and warranty expiration date for each piece of equipment. Simplus will provide technical support and administrative services during the warranty phase of the project. Simplus assumes the warranty phase is one year past the filing of the Notice of Completion. Task 4.1.8 — Training. Simplus will coordinate with the General Contractor and vendors, for operator training for any specialty equipment as provided for in the contract documents. Task 4.1.7 — Operational Verification. Simplus will coordinate and assist in verification of Intermediate and final operation. Final acceptance will require all the components for the facility to be fully operational, and work in unison, including necessary testing, disinfection, start-up and jurisdictional transfer of all or the respective portions of each substantially completed facility from its construction phase to City of Seal Beach operational phase. Task 4.1.8 — Final Documents. Simplus will deliver all original project documents and final project reports to the City of Seal Beach Project Manager within sixty calendar days following filing of the Notice of Completion. Simplus will Page 10 of 25 LI provide the City's Project Manager support for processing final paperwork following Notice of Completion. Project documents will be delivered to the City's Project Manager in digital format acceptable to the City's Project Manager. Simplus will deliver the electronic files and documents created during the project on flash drives or DVD's labeled with the project name. Task 4.2 - Final CM Report. Simplus will prepare a final CM report summarizing all issues required In the monthly progress reports. The report will document final inspections and the final punch lists of items to be completed and verify that all items on the final punch lists have been completed or corrected. We will assist the City's Project Manager in following up on defective work performed by the General Contractor and covered by warranties. The final CM report will include recommended final payment in the form of release of retention to the General Contractor in accordance with contract requirements. Simplus will verity that the General Contractor has made all payments to the subcontractors and vendors and that any stop notices or liens have been released. Simplus will obtain a conditional wavier of lien from the General Contractor prior to recommending final payment. The final CM report will be submitted in one complete project binder containing all project related documentation, and one CD -ROM of all scanned materials. Task 4.3 - Close -Out. When the contract is nearing completion, Simplus will initiate close -out procedures. These procedures involve collaboration with stakeholders to develop a detailed schedule of close -out activities, including punch lists, testing and inspections, continuous inspection of the punch list work until all items are completed, arrange for final inspection by the City and by the Design Engineer, and document acceptance of the work by the Design Engineer and the City's Project Manager. Simplus will independently verify the work, testing, clean -up and General Contractor demobilization are complete, schedule, coordinate and conduct a final walk - through and project review prior to the acceptance of the work by the City's Project Manager. Simplus will recommend acceptance of the work in writing in 10 SECTION 1 preparation for issuance of the Certificate of Substantial Completion and /or Notice of Completion. Task 4.4 - Claims Management. Simplus will promptly document all contract modifications. delays or disputes that could possibly lead to a claim, and advise the City's Project Manager, Risk Manager and General Counsel Office as soon as the General Contractor has filed a claim or provided indications for a claim. Simplus will evaluate the claim and make a recommendation based on the facts surrounding the request. The procedures for documentation of claims will be a part of the management information system. Simplus will assist in administering a claim through the contract clause procedures. It is important that the resolution of the claim, either acceptance or denial, be achieved promptly as delays In claims resolutlon usually result in reduced potential to resolve Issues prior to the end of the project. Simplus will prepare a written explanation of each claim with full background of issues, proposed resolution alternatives, and resolution recommendation for action. Page 11 of 25 m _O b LY O E a � c 2 0 o x n 'o c ? F9 E � m c' f 0 u° n° v F a 0 N $ JI $ N m ry $ o °e o a u c u 2 W 2 5 o S E `o LL n V 0 vi V Y V A j 11 1111111111111111111 �oil11 n° v F a 0 N $ JI $ N m ry $ o °e o a u c u 2 W 2 5 o S E `o LL n V 0 vi V Y V SIMPLUS ORGANIZATION CHART PRINCIPAL -IN- CHARGE CONTRACT NEGOTIATION INSPECTOR CONSTRUCTION MANAGER RESIDENT ENGINEER SIMPLUS PROJECT MANAGER SECTION 3 OFFICE ENGINEER COMMUNITY OUTREACH STRUCTURAL OBSERVATION ED •'D CALIFORNIA COASTAL COMMISSION COORDINATION AS- NEEDED SERVICES Page 13 of 25 PRINCIPAL-IN- SECTION 3 We have a sweet spot for challenging protects such as the City of Seal Beach's Municipal Pier Improvements Project. We will bringueal value to the City based on the success of our prior public agency, waterfront Construction Management experience. Paul Buckley, President is co-founder of Simplus and is a Civil Engineer with a demonstrated ability to develop and implement program and construction management services across a wide spectrum of public agency building and infrastructure programs. Mr. Buckley nurtures client, business partner and staff loyalty and motivation, all which allow Simplus to differentiate itself in the market in terms of client satisfaction and repeat business. Mr. Buckley has more than 35 years of experience in providing professional engineering and construction management services. REPRESENTATIVE EXPERIENCE SIMPLUS, PRESIDENT— 1996 TO PRESENT Cypress, California Mr. Buckley is responsible for all technical aspects of Agency CM services (program, project and construction management), including estimating and bidding, contract negotiations and supervision of field /production operations. Mr. Buckley's background includes schedule and budget control, supervision and general management. He is familiar with engineering audits, project certification, project planning, staff and client training, regulation and guideline preparation, and public meeting organization and presentation SIGNAL HILL POLICE STATION, COMMUNICATIONS AND OPERATIONS CENTER AND LIBRARY PROJECTS City of Signal Hill, California Program and Construction Manager for the design and construction of a new $23M police station and library program. OUEENSWAY BAY DOWNTOWN HARBOR City of Long Beach, California Program and Construction Manager for the expansion and development of the 60 -acre harbor. The project included the new Pine Street Pier, concrete seawalls, boardwalk esplanade, all which complemented the adjacent commercial development and attracted residents as well as visitors. NORTH BRANCH LIBRARY City of Long Beach, California City's Project Manager overseeing construction of a new $13M library and site improvement program. Page 14 of 25 City of Signal Hill SH Police Station & ECOC Charlie Honeycutt (562) 989 -7375 City of Long Beach North Branch Library Sean Crumby (562) 570 -6695 v City of Anaheim City Hall Building Upgrades Joanne Wu (714) 765 -5157 wuDanshelm.net CONSTRUCTION MANAGER/ RESIDENT ENGINEER SECTION 3 It's all about the value we create, understanding the City's needs and achieving the right outcomes ... we must be smart about the process. also. Above all, that means identifying the most effective design options and analyzing construction Impacts and strategies. Mr. Stephen Mutch has more than 30 years of broad civil design and construction experience in surveying, civil design, project management, construction management, and contract administration for various types and sizes of public agency projects. During the past 15 years, he has focused his career on program, project and construction management as well as contract administration exclusively for public agency capital improvement projects. REPRESENTATIVE EXPERIENCE SHORE TO SHIP POWER RETROFIT PROGRAM, PIERS A & T Port of Long Beach, California Construction Manager responsible for retrofitting three berths of the existing piers and electrical switchgear. On Pier T, the project consisted of construction of 25 KV switchgear, four shore - to-ship power substations, and ten shore - to-ship power outlets. Pier A retrofit included relocation of embedded utilities into vaults and under -pier conduits for electrical cables and installation of fiber optic cables and data link network systems. The projects required extensive coordination with SCE to ensure long lead items and transformers were installed on schedule. SIGNAL HILL POLICE STATION, EMERGENCY COMMUNICATIONS AND OPERATIONS CENTER AND CIVIC CENTER LIBRARY PROGRAM Signal Hill, California Program and Construction Manager for a new community complex. The work included design review of plans and specifications, coordinating design and construction activities with the local community and several City, County and State agencies, including the Corrections Standards Authority (CSA) and the County of Los Angeles. TRA -PAC CONTAINER TERMINAL ADMINISTRATION BUILDING Port of Los Angeles, California Simplus served as the Port's Construction Manager responsible for contract management, construction observe $55M LEED Gold - certified building. hundred outstanding change order close -out phase included inspection Occupancy process. L Port of Long Beach Shore to Ship Power Retrofit Ramanjit Brar (562) 590 -4172 ramanf LbrarliPpolb.com City of Signal Hill Signal Hill Library Grissel Chavez (562) 989 -7275 achavezEkItvofsianalhilLora tion, and commissioning monitoring for this Port of Los Angeles Special effort was required to resolve several TraPac Administration Building requests submitted by the contractor. The Donna 32 -36 9 permitting, and monitoring the Certificate of denfl 732-3689 P 9. 9 denfiaiianitloortla.ora Page 15 of 25 SECTION 3 Mr. Richard J. Roth has more than 32 years of broad construction and inspection experience for various types and sizes of public and private sector buildings and facilities. During the past 10 years, he has served as Deputy Inspector. Building types have included marine, piers, docks and wharfs, general civil, steel bridges, essential service facilities such as hospitals and police stations, commercial, industrial, and schools. REPRESENTATIVE EXPERIENCE PIER J, BERTHS J245 -J247 LANDSIDE RAIL GIRDER UPGRADE Port of Long Beach, Callfomia Lead )nspectorfor Pier J Upgrade supporting the raised cranes servicing 18,000 STAFF REFERENCES TEU ships. Construction includes pier demolition, reconstruction and relocation and new installation of utilities. SHORE TO SHIP POWER RETROFIT PROGRAM, PIERS A & T Port of Long Beach Port of Long Beach, Califomia Pier J Upgrades Resident Inspector for retrofitting Piers A & T. Work included construction of 25 Ramanjit Brar KV swltchgear, substations, embedded utilities Into vaults and under -pier (562) 590 -4172 conduits for electrical cables, fiber optic cables and data line network systems. ramanlit.brar@polb.com Mr. MacMillan has more than 11 years of experience in the consulting engineering industry, focusing mainly on the structural and civil design of port and waterfront facilities. During this lime, he has taken on many different professional roles, including engineering design, structural inspection, construction support, peer review, and project management. Tristan has a client- oriented focus and strives to ensure that a quality product is delivered and constructed. REPRESENTATIVE EXPERIENCE CONSTRUCTION SUPPORT, WATERFRONT STRUCTURES, and STRUCTURAL INSPECTION • The Wharf at the Southwest Waterfront, Washington, D.0 • Seal Beach Pier Post -Event Inspection, Seal Beach, CA Marina Park, Newport Beach, CA Alamitos Bay Marina Renovation, Long Beach, CA • Diamond Valley Lake Boat Launch Ramp Extension, Riverside County, CA Pler E Terminal Wharf/East Basin FIII Design Review, Port of Long Beach, CA Page 16 of 25 STAFF REFERENCES Ll City of Long Beach Marine Bureau Alamitos Bay Marina Renovation Elvira Hallinan (562) 570 -3215 elvira.hallinan@longbeach.gov SECTION 3 Ms. Michel brings a background of effective client and community service experience to each project she works on. Lizzie has worked on some of the largest, high - profile projects with some of the largest public agencies in southern California. She takes great pride in her knowledge of Orange County and the surrounding beach communities. She creates a project environment that promotes complete engagement with the impacted businesses and residential communities. REPRESENTATIVE EXPERIENCE LJ 2040 GENERAL PLAN UPDATE City of Long Beach, California Managed, planned and facilitated public outreach on behalf of the City. Oversaw development of outreach collateral materials, maintained stakeholder's database. Created in- person and online community surveys. City of Long beach CLIMATE ACTION and ADAPTATION PLAN 2040 General Plan Update City of Long Beach, California Christopher Koontz (562)570.6288 Coordinated development of the Public, Scientific and Business Community christooher koontz@longbeach gov Outreach Plan. Assisted in creating the Long Beach business community distribution list, collaborated in producing content for the Fact Sheets and project \ website. Mr. Mountford has more than 35 years of experience in entitlement, governmental affairs and community relations while securing entitlement of public open space, residential and commercial development, and land acquisition due diligence. Mr. Mountford owns an exemplary track record of developing and implementing successful strategies to win governmental approval of difficult and/or controversial development projects, particularly in the California Coastal Zone. REPRESENTATIVE EXPERIENCE LOCATION - Cypress. BRIGHTWATER DEVELOPMENT Huntington Beach, California Managed the community design and California Coastal Commission entitlement for the 1,600 -acre Boise Chica property for Hearthside's Brightwater Development. He directed a multi - disciplinary consulting team of planners, engineers, biologists and architects, and prepared a Local Coastal Program for the project which was approved by Orange County and the California Coastal Commission. Shopoff Realty Investments Magnolia Tank Farm James O'Malley (949) 769 -6714 Jiomallev@sh Page 17 of 25 J SECTION 3 Mr. Kemp has eight years of experience performing construction management, assistant construction management, field office engineering and Inspection services on public infrastructure construction projects. Mr. Kemp began his career as a land survey technician performing topographic surveys, construction staking, construction monitoring, and all other facets of the land surveying profession. Mr. Kemp has also performed civil design work. Mr. Kemp has extensive experience in earthwork excavation, including import borrow material, erosion control (SWPPP and BMP's), and storm water control facilities, including channels and drainage systems. Mr. Kemp is proficient in the use of Primavera Contract Manager and Oracle Unifier and has a strong background in project management budget and schedule control. He is also proficient with AutoCad, Civil 3D, Microsoft Office and Primavera P6 CPM scheduling. REPRESENTATIVE EXPERIENCE PIER J, BERTHS J245 -J247 LANDSIDE RAIL GIRDER UPGRADE Port of Long Beach, California Project Engineer for Pier J Upgrade supporting the raised cranes servicing 18,000 TEU ships. Construction includes pier demolition, reconstruction and relocation and new installation of utilities. SHORE TO SHIP POWER RETROFIT PROGRAM, PIERS A & T Port of Long Beach, California Project Engineer for retrofitting Piers A & T. Work included construction of 25 KV switchgear, substations, embedded utilities into vaults and under -pier conduits for electrical cables, fiber optic cables and data line network systems. Page 18 of 25 r STAFF REFERENCES Port of Long Beach Shore to Ship Power Retrofit Ramanjit Brar (562) 590 -4172 ramariltt. brarRoolb,com 1 SIMPLUS MANAGEMENT CORPORATION Simplus was founded in 1996 as a California corporation, headquartered in Cypress. Simplus is a woman -owned small business that is completely focused on providing Agency Construction Management, Program and Project Management (CM /PM). We continually meet or exceed client expectations for quality, cost and schedule attainment. With its 22 years in the industry, Simplus has successfully managed construction of more than $850 million in public agency buildings and infrastructure projects in southern California. Simplus stands apart from other large, multi - disciplined engineering firms that offer planning, engineering, architecture, construction, environmental, consulting and technical services. Simplus specializes in only one service — Agency CM /PM Services. Simplus' client base includes: • Municipalities • Counties • Special Districts • Port and Harbor Authorities Airport Authorities Transportation Authorities SECTION 4 Simplus has provided construction management of waterfront and pier projects in the local area, including the City of Long Beach Queensway Bay Pine Street Pier and promenade, and Cabrillo Way Marina in Los Angeles. We have extensive experience working with plans and specifications prepared by Moffatt S Nichol, including these two projects. In addition, Simplus has provided construction management on marine projects constructed by Meek Construction, Manson Contractors and Connolly Pacific, all probable contractors on the Pier improvement project. Our proposed Project Manager, Mr. Stephen Mutch, P.E., was the Project Manager on the Cabrillo Way Marina project. FINANCIAL INFORMATION: Simplus is financially healthy and has good credit. Simplus has never been in bankruptcy or defaulted on a contract. There is no pending litigation or plans to close any offices. We are not involved in an impending merger or acquisition and there are no conditions that would impede Simplus' ability to complete the services required for this project. Simplus has adopted a streamlined quantitative risk analysis, assessment and mitigation (RAAM) procedure into its construction management best practices. Our RAAM process enables the team to collectively identity potential project risks and, using past lessons learned, identify measures to successfully mitigate and manage those risks. SUB - CONSULTANTS: For this assignment, Simplus has invited three sub - consultants to provide specialty services. MBI for construction community outreach, KPFF for as- needed structural observation, and Cornerstone Real Estate Consulting for as- needed California Coastal Commission coordination. MBI MEDIA - FIRM PROFILE MBI Media is a strategic communications firm that brings more than 29 years of expertise in facilitating outreach campaigns for a variety of infrastructure projects. They provide a wide range of public outreach and marketing services that include strategic community engagement, media relations, campaign development, and branding. These services are supported by their industry - leading and Emmy award- winning staff of 16 Page 19 of 25 LD professionals, including their In -house design studios, which specialize In graphic design, digital photography, web design, video production, and 3 -D animation. MBI is currently providing on -call public relations services for the County of Orange's Department of Public Works and has recently completed infrastructure projects for Orange County Transportation Authority (OCTA). MBI is a California corporation founded in 1989, with its corporate office in Covina and additional offices in the cities of Orange, Los Angeles and San Jose. KPFF - FIRM PROFILE Founded in 1960. KPFF is a full- service engineering consulting firm employing more than 1,000 professionals located in 20 offices across the United States and abroad. KPFF's Long Beach office will support our CM team. KPFF Is widely recognized as a premier waterfront engineering firm, providing marine engineering design services and construction support to port authorities, government agencies, shipping lines, stevedoring companies, industry and private clients in the United States and abroad. KPFF's reputation for Innovative solutions comes from their combination of creativity, highly - technical analysis, and decades of practical experience in the waterfront field, including: • Site selection and due diligence Feasibility studies and facility programming Operational planning and simulation Estimation of capital, operating and maintenance costs Pile driving Dredging Seismic vulnerability analysis Bulkhead walls Urban Waterfronts and Public Access: Design of shoreline parks and public access Feasibility studies and facility programming • Waterfront parks and trails Boardwalk and esplanade design Seawalls • Public waterfront access planning and design SECTION 4 KPFF - Pier 7 Wharf Assessment - Port of Oakland CORNERSTONE REAL ESTATE CONSULTING (CREC) - FIRM PROFILE CREC was founded in 2013 and is owned by Mr. Ed Mountford, who is the sole operator. Mr. Mountford has been entitling development projects in the Coastal Zone since 1990 when he was VP of Entitlementfor the Coastal Community Division of the Irvine Company. Since that time, Mr. Mountford has entitled over 7,000 residential lots, commercial uses, hotels, two golf courses and a private high school — most of which are in the Coastal Zone. Mr. Mountford's most notable accomplishment came as Senior Vice President of Hearthside Homes, where he successfully managed the entitlement process for the 1,600 -acre Boise Chica property in Huntington Beach, California — one of the most contentious development projects in the history of southern California and the largest development project ever approved by the Coastal Commission. Should the City consider amendments to the existing Seal Beach coastal plan or require modification to the City's Coastal Commission permit, Mr. Mountford's expertise and knowledge will be an invaluable asset to the City. Page 20 of 25 I SECTION 4 The Shore to Ship Power Retrofit Projects consisted of retrofitting berths of the existing wharfs, Including the construction of underground electrical structures, relocation of embedded utilities and wharf modifications for vaults, construction of equipment foundation pads, fence and bollards, installation of shore power outlet vaults on the wharf faces, electrical switchgear, power substations, all associated conduits, electrical cables, ducts and connections, and installation of fiber optic cables and data link network systems. The projects included extensive coordination and communication with the Port, Port tenants, contractors, design consultants, Southern California Edison, U.S. Coast Guard and public regulatory agencies, including the City of Long Beach. Responsibilities included construction management, contract administration, project controls, CPM schedule review and monitoring, estimating, inspection, constructabillly reviews, processing and review of submittals, RFI's, progress payments, change order requests, meeting minutes, notices, document control, claims management, dispute resolution, permit and /or environmental compliance, and systems commissioning. Page 21 of 25 CALIFORNIA CLIENT: Port of Long Beach PROJECT VALUE: $43M STATUS: Completed December 2013 STAFF: Paul J. Buckley, P.E. Stephen Mutch, P.E., CCM Tony Gatoff, CCM Huburt Kang, P.E. Jared Kemp, EIT Richard Roth. Inspector RELEVANCE TO PROJECT: • Mechanical Equipment • ElectricallCommunications Systems • Pier Access Roads • Pier Structures — Renovation • SEC Coordination • Environmental Compliance • Marine Construction The project included major new utilities, including 16 -inch fire and domestic water mains, sewer and storm drains, electrical backbone, undergrounding existing 35 KVA power lines, new telephone, and Homeland Security backbones. Construction included six lanes of new arterial roadway, curb, gutter, sidewalk, landscape, and Irrigation, new concrete sea wall, concrete float system, pedestrian promenade, office, restrooms, and gangway platform structures. Additional project elements included dry boat storage yards, parking lots, and boat ramps. Simplus provided project and construction management services for the construction of the $124M, 750 -slip, small craft Cabrillo Way Marina. Project management Included coordinating efforts of project architects, engineers, contractors, staff of Port of Los Angeles and of Los Angeles City departments, and securing project permits from City and State agencies. Harbor and Marina Dredging • Installation of 900 Concrete Piles • Installation of 1,000 I.f. Steel Sheet Pile Wall Placement of Quarry and Armor Stone • Protection and Re -Use of Historical Wood Truss Structures • Segregation, Testing and Disposal of Contaminated Soil Page 22 of 25 SECTION 4 4 PORT OF LOS ANGELES, CALIFORNIA CLIENT: Port of Los Angeles PROJECT VALUE: $124M STATUS: Completed September 2012 STAFF: Stephen Mulch, P.E., CCM Jared Kemp, EIT Paul Buckley, P.E. RELEVANCE TO PROJECT: • Mechanical Equipment • Electrical /Communications Systems • Pier Access Roads • Pier Structures — Renovation • SEC Coordination • Pile Driving • Environmental Compliance • Marine Construction 01111PIUS p1UVI000 UUIIJIIU{UVII 1110114YU111011l *VIVIIWO IV[ \I10 construction of $25M Phase 1 and Phase 2 of pier and harbor improvements for Oueensway Downtown Harbor. Construction management services included managing and coordinating the efforts of the general contractor, numerous subcontractors, and City staff, permitting agencies, utility companies, adjacent construction contractors and local business owners near this 60 -acre site. Phase 1 included construction of the Pine Street Pier. Phase 2 included demolition, grading and excavation, construction of docks and gangways, installation of site utilities, concrete retaining walls, steps and walkways, architectural concrete paving (lithocrete), concrete paving, clay brick paving, IPE wood boardwalks and decking, site furnishings, specialty site lighting, masonry restrooms and buildings, a lighthouse, unique water feature fountains, including the Aquarium Plaza Wave Fountain, landscaping and irrigation. SECTION 4 BEACH, CALIFORNIA CLIENT: City of Long Beach PROJECT VALUE: $50M STATUS: Completed 1999 STAFF: Paul J. Buckley, P.E. Stephen Mulch, P.E. RELEVANCE TO PROJECT: • New Public Pier • Retaining Walls • Mechanical Equipment • Electrical /Communications Systems • Promenade • Public Access • Landscaping U Page 23 of 25 Simplus provided program and construction management services for the design and construction of this new LEED Certified $9.1M police station and emergency operations center located In Signal Hill, California. 4 SECTION 4 SIGNAL HILL, CALIFORNIA CLIENT: City of Signal Hill PROJECT VALUE: $9.1 M STATUS: Completed 2012 STAFF: Paul J. Buckley, P.E. Stephen Mulch. P.E. Tony Galoff, CCM Jared Kemp. EIT RELEVANCE TO PROJECT: • Mechanical Equipment • Electrical /Communications Systems • Surveillance Cameras • Security Facility KPFF provided civil engineering design consisting of a new marina building, and the realignment of the existing utilities, Including sewer, water (Including fire), and storm drainage. The drainage studies included sizing the necessary drainage facilities and studies for sizing the sewer and water lines that will serve the proposed building. These studies will comply with current City and Port of San Diego requirements. KPFF performed field observations and general visual assessments of existing conditions to determine appropriate design for the proposed improvements. Page 24 of 25 CLIENT: City of San Diego STAFF: Jose Hernandez, P.E. RELEVANCE TO PROJECT: • Pier Utilities • Retaining Walls • Mechanical Equipment • Electrical /Communications Systems • Regulatory Compliance U') Z O T C T T T T m L V N m m L a jy Q s p 6 Y j J m a 0 a m L GJ N E 7 t0 J m J y ... J m° m�Yy� �y a3 C0<(7Y co (D ca Y2Y �:�. c co QiLo iH au a (L ���aia C.) v ° N M C N N r N D 9 N U N E E c c O m J J O N d > > 0O N N Z N c I C C C C C C C c G O O m O N - N O N O N m u E ° E E E E E J m J m E m m 2 m }� to b m m Ot O) O) O1 U m W N m N m O) C C C C C C C G cgs cgs 0. L) if 0 a`m Y, c E d c m c w MU h a �m ,n oe c m E aci : c c 3p c N m O C °U O C l0 N = m c m «. a N L E a c 3 P m Ol C C N N ��Z'mzc� o� m� �� amai nCm`a vEC, J D O C C Vl E w =" . c m J a C U O N C •N y Ul J� m m y ca o. ui a�vEEo,s mu.19i cmEm cmm,o m MC<ui C, 3 €O c�on�mc°i a = - ;a =$ -g -3 mm `o_aci om - mica �Ey�mv;'m °c`"���m �Zc�LL, E �am�°O p„ J p a �y w Q1 L .0 C V N O O c fn O' p m E L°- U Ln C m N m N$ p m ° o 't °c L o CO ° w a s aui ° `m �' p c a'ci 2 'n w y c c aci Cc °�Eco�mmE� m�a�Emmo�upQ.��NE(M E:? c y� J E° m^ '? E E c m m E c§ > - c a d E° u U 2 0 b C a C m c°i =' ° �_ m E E C 9 �j N 0 9 C u N W m .m. CD Y U m O 'p C C N p O c m- U m O J C m J UUU T T J d T U O �0 a C N O C O O KuEm: a m 38 ODma 8 CM CO m dm 0 co m E 0 cq=3 a�6 C-L m E 5 N O N ° a E p T > O L C L O U p c Q m D a N m r EEO N O) p 0 p N- C O _ 0 �c 9 C" . � gW E EwW�^ J m =01n °J E JcUOE i1 V m OL= OLrL u mQ ^N °)O c o mm Om -acL y ° Oa-0 d te CL -2 G0- UA-6 (D Y U) N O N ° a EXHIBIT B Exhibit B Professional Construction Management Services Schedule of Fees January 1, 2018 Classification Hourly Rate $ Principal-In-Charge 200.00 Project Director 196.00 Construction Manager 159.50 Senior Construction Manager/Resident Engineer 192.50 Project Manager 159.50 Senior Project Manager 192.50 Project Engineer 159.50 Senior Project Engineer 192.50 Environmental Engineer 162.50 Senior Environmental Engineer 192.50 Estimator 139.00 Senior Estimator 162.50 Scheduler 139.00 Senior Scheduler 162.50 Field Office Engineer II 139.00 Admin /DCC (4) 88.00 Inspector (4) 115.00 Lead Inspector (4) 139.00 Structural Observation - KPFF 150.00 California Coastal Commission Coordinator - CREC 200.00 NOTES: (1) Hourly rate includes insurance and overhead costs (2) CDC's are reimbursed at cost (no mark -up) (3) Mileage rate at current IRS rate (4) Overtime hours per California Department of Industrial Relations 8 °m 0 z v v d O G d a o d e c ° V CLL a E E c t V orN$oa ° ° °� F a 0 m e e H gypp+ b ff--O� P O a lo °a O 2 d O C� HIM V to m— O .- - � V LL V m d E € 0 0 o d AS °88888 orN$oa ° ° °� F a 0 m e e H gypp+ b ff--O� P O a lo °a O 2 d O C� V to m— O .- - � V LL V m d E € 0 0 o d AS °88888