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
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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
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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.
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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
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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.
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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.
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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
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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,
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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,
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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
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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.
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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,
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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
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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.
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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
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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
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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
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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
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