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HomeMy WebLinkAboutCONCEPT MARINE ASSOCIATES, INC for Construction Management Consultant Services for Construction of Pier Plaza CC-1029 4/14/97 - 1997-04-14601 RECEMB CITY CLERK STOP NOTICE CITY CE 14UlNTI G-T0'0 6 EACH, CA LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) lggo JUL 13 A 9. 41 (Per California Civil Code Section 3103) To: —City Clerk, City of Huntington Beach _ Project: Huntington Beach Pier Plaza (Namg of Project Owner disbursing funds) (Name) 2000 Main Street Pacific Coast Hwy @ Main St. (Address_ If d.'rected to a bar* or savings and lean asan., use address branch holding fund) (Address) Huntington Beach, CA 92648 Huntington Beach, CA TAKE NOTICE THAT Bielski Masonry & Window Cleaning (Name of the parson or firm claiming the stop notice. Licansed contractors most use the name un(ier wnich contractors license is issued) whose address is _ P.O. Box 484, Brea, CA 92622 (Address of person or firm claiming stop notice) has performed labor and furnished materials for a work of improvement described as follows: Huntington Beach Pier Plaza Pacific Coasty Hw @ Main Huntington Beach CGS - / O-2— (Name and location of the project where work or materials were furnished) The labor and materials furnished by claimant are of the following general kind: Cleaning and Sealing, (Kind of labor, services, equipment, or materials (umishe l or agreed to be furnished oy claimant) The labor and materials were furnished to or for the following party: Valley Crest Landscaping 1920 S. Yale St.. Santa Ana, CA 92704 (Name of the party who ordered the work or materials) Total value of the whole amount of labor and materials agreed to be furnished is: ................. $ 12,668.00 The value of the labor and materials furnished to date is: .................................... $ 12,668.00 Claimant has been paid the sum of ..................................................... $ "0- and there is due, owing and unpaid the sum of: ........................................... $ 12,668.00 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law, You are also notified that claimant claims an equitable lien again ny construction funds for this project which are in your hands. FIRM NAME: Bielski onry &Window Cleaning BY: stop notice claimant) agent of atop notice claimant must sign here and verify below) VERIFICATION I, the undersigned, say: I am the ;lei ; C'e ✓? 1— ('President of,'A partner af','Ownar of,'Agent or, air.) the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. . I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on , 19 98 at Brea California. (Date Reis document was signed) (Name of city where st notice signed) that the of stop notice are true) Form Provided and CRM - Preliminary Notice Service 5500 E. Santa Ana Cyn Rd. Ste 261 Prepared By: Anaheim, CA 92007 (714) 998-1673 U • CR- PRELIMINARY NOTICE SERVICE Prelims -Mechanic's Liens • Stop Notices - Construction Notices Date July 9, 1998 To: City Clerk, City of Huntington Beach 2000 :lain Street Huntington Beach, CA 92648 Re: _ _Huntin&tan Beach Pier Plaza (Joh Fame) Please find enclosed a Stop Notice pertaining to the referenced project. Huntington Beach Pier Plaza under contract with Bielski Masonry & Window_ (C.mmracsnr 1 completed Cleaning & Sealing at Huntington Beach Pier Plaza, PCH Maint- St. Mpc of Scr icc. MJmri]l ur LaKw Sunp;icd) (Jahsire bv+ u.m) on . The General Contractor on this job is (was) Mall,- (laic Lau SaPpiial) As of this date, full payment has not been received. Therefore, is fUrccd to i'iiLs a Slu1J .NCAI :c With yuur ag.;(►%I'j. Bielski Masonry & Window rcW—Mann We are aslo requesting a copy of the Letter of Completion informing us as to the expriation of the period of filing Stop Notices so that we will be aware of our right under the California Civil Codes as to the date required to execute a suit against the Stop Notice. As required, we have enclosed a check for $2.00, the fee for such a request. Respectfully, Agentfor RiPl.ski Mas (Cennan[�v & Window — CR?1 SroPVec.Lrr 91 PirMicr-MIFurms 5500 E. Santa Ana Canyon Road - Suite 261 - Anaheim, California 92807 - 1-800-PRELIMS • Fax 714-998-2248 5987 CRM 122W) DBA CALIFORNIA RECEIVABLES MANAGEMENT (714)998-1673 5500 E. SANTA ANA CYN. RD., SUITE 261 ANAHEIM HILLS, CA 92807 z=--7 196 WELLS FARGO BANK I V 11N005984112 1:122101190:0732 L.? C5500 E. Santa Ana Cyn. Rd Ste 261 AVM Anaheim, California 92807 companies CERTIFIED Z 271 550 628 MAIL I KUM a FPTI 17117F. CIL-! 3'Z,V- 4% &*2_77 f--7& 111111111111 11111111 IF 111111111 111111111 111 f1d (8) 03/16/98 - Counciltency Agenda - Page 8 E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote. E-1. (City Council/Redevelopment Agency) Minutes - Approve and adopt the minutes of the City Council/Redevelopment Agency regular meeting of February 17, 1998 and the adjourned regular meeting of February 18, 1998 as written and on file in the Office of the City Clerk, Submitted by the City Clerk [Approved and Adopted 7-01 E-2. (City Council) Amend Professional Services Agreement With Concept Marine Associates For Consultant Construction -Management - Pier Plaza Project—CC-1029 — (600.20) 1. Approve an amendment to the agreement which extends Concept Marine Associates professional services to better coincide with the Pier Plaza construction completion date; and 2. Approve the transfer of $30,000 from the Pier Plaza, CC-1029, construction contingency, account number E-CL-PC-029-6-39-00, to the professional construction management contingency, account number E-CL-PC-029-3-90-00; and 3. Authorize the increase in the construction management contingency from $30,045 to $60,045, and authorize the Director of Public Works to expend an additional $30,000 in construction management contingency; and 4. Approve the total transfer of $170,651 of SB 821 Regional Funding, of which $83,071 is from E-BE-PW-898-7-25-00 and $87,580 is from E-BL-PW-875-7-25-00, to the Pier Plaza revenue account R-CL-PC-029-9-03-00. Submitted by the Acting Public Works Director [Approved 7-01 E-3. (City Council) Approve Advertising And Re -Bidding For Safe Of Surplus Property - Four Lots On Alabama Street — (650.70) Direct staff to reinitiate the surplus sale procedure, advertise and solicit new bids for the Alabama Street property in the minimum amount of $360,000. Submitted by the Deputy City Administrator -Administrative Services Director [Approved 5-0-2 (Green, Sullivan: absent from room)] E-4. (City Council) Resolution No. 98-18 - Amend The City's Classification Plan - Adopt Resolution No. 98-18 — (700.10) A Resolution of the City Council of the City Of Huntington Beach to Amend the City Classification Plan by Adding a New Classification Entitled Leadworker Water Meters and Deleting the Classifications of Leadworker Water, Leadworker Water Meter Repair, and Service Representative." Submitted by the Deputy City Administrator -Administrative Services Director [Adopted 6-0-1 (Green: absent from room)] E-5. (City Council) Approve Agreement For Labor Relations Services - Consultant - Liebert, Cassidy & Frierson, Attorneys At Law — (600.10) Approve and authorize execution of an Agreement Between The City Of Huntington Beach And Liebert, Cassidy & Frierson, Attorneys At Law, For Legal Services Regarding Labor Relations." Submitted by the Deputy City Administrator -Administrative Services Director [Approved 7-0] (8) • 0 i� CITY OF HUNTINGTON BEACH 10 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CtrY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCILI REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH TO: 4ieed P., (�7S.TDC�Q�I�S, r7 RTTENTIQN: C�.4�P4DN /P. 'iG� YI Name � Isa 3_ //.r/ Ll _ DEPARTMENT: Prasi�tanz` Suet p /� j .[ eZ, 6*41F&Vi1 X.) REGARDING: c;ty, stag, z;p yd-q �•� -- 622 Luei, �,qe See Attached Action Agenda Item Date of Approval / I Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. r Connie Brockway City Clerk Attachments: Action Agenda Page CC: ',I)IWL L5ini Xh s Remarks: Agreement Bonds RCA Deed Insurance Other Department / RCA / Agreemint Insurance De artment RCA;,_,_ Agruumrnt Insurance i Department RCA Agreement Insurance Name Department RCA t�e,oe/ 512/22GQ Risk Management Dept. �gerian/ c9G W7D,9 Other Other Other Agreement Insurance Other Insurance Received by Narne - Company Name - Date Gfol lowuplcoverltr [Telephone: 714.636.62271 Council/Agency Meeting Held: / (00.7o Co Deferred/Continued to: l( Approved ❑ Conditionally Approved ❑ City Clerk's Signature Denied -/-0 Council Meeting Date: March 16, 1998 Department ID Number: PW98-027 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBER . SUBMITTED BY: RAY SILVER, Acting City Administrator,94.-� PREPARED BY: *1MV aryl D. Smith, Acting Director of Public Works SUBJECT:mend Professional Services Agreement for Consultant Construction anagement - Pier Plaza Project, CC-1029 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Ana Environmental Status, Attachments) Statement of Issue: As a result of construction contract weather delay of the Huntington Beach Pier Plaza Project, CC-1029; it is necessary to amend the professional services agreement with the firm of Concept Marine Associates in order to maintain the current level of onsite construction management required for project completion and, It is also necessary to include the regional SB821 funding of $170,651 for bike trail improvements common with the Pier Plaza Construction and authorize its transfer to the project construction revenue account. Funding Source: Sufficient funds for this contract amendment are available in the Construction Contingency dollar allocation located in account number E-CL-PC-6-39-00. The following is a reconciliation of the construction contingency to date, including anticipated contract change orders and this request for construction management contract amendment: Council Authorized Change Order Amount: Duke's Pad Grading and Retaining Wall: Approved Construction Change Orders: Anticipated Contract Change Orders: Contract Amendment for Constrcution Mangement: Subtotal Balance Remaining: $487,500 ($84,000) ($158,213) ($50,000) 30 000 i 322,2131 $] 65,287 V • REQUEST FOR ACTION MEETING DATE: March 16, 1998 DEPARTMENT ID NUMBER: PW98-027 Recommended Action: Motion To: Approve an amendment to the agreement which extends Concept Marine Associates professional s6rvices to better coincide with the Pier Plaza construction completion date; 2. Approve the transfer of $30,000 from the Pier Plaza, CC-1029, construction contingency, account number E-CL-PC-029-6-39-00,. to the professional construction management contingency, account number E-CL-PC-029-3-90-00; and 3. Authorize the increase in the construction management contingency from $30,045 to $60,045, and authorize the Director of Public Works to expend an additional $30,000 in construction management contingency; and 4. Approve the total transfer of $170,651 of SB821 Regional Funding, of which $83,071 is from E- BE-PW-898-7-25-00 and $87,580 is from E-BL-PW-875-7-25-00, to the Pier Plaza revenue account R-CL-PC-029-9-03-00. Alternative Action(s): Deny contract amendment and forgo professional construction management services by Concept Marine Associates. Analysis: The following two issues are being brought before City Council within this Request for Council Action: 1. Professional Services Contract Amendment: On April 14, 1997, the City Council approved the award of contract for the Pier Plaza Project, CC-1029. In addition, the City Council approved a professional services contract with Concept Marine Associates for. project Construction Management Services. The Pier Plaza Construction Project was scheduled for completion on March 6, 1998. However, the progress of work has been challenged by the recent series of winter storms. The revised completion date is May 6, 1998 and may be extended to as late as May 30, 1998, should the rainy weather persist. Had the project been completed as originally scheduled, $15,405 would have remained as an unbilled contingency. PROJECTED BILLINGS BASED ON MARCH 6, 1998, COMPLETION PERIOD PROJECTED BILLING BALANCE REMAINING 66,271.00 February 26,933.00 $39,338.00 March 23,933.00. 15,405.00 Unbilled Contingency: 15,405.00 0030508.01 -2- , 03104/98 4:20 PM • REQUEST FOR ACTION 0 MEETING DATE: March 16, 1998 DEPARTMENT ID NUMBER: PW98-027 However, with the extension of construction completion date to May 6, 1998. billings of the construction manager would exceed the original agreement amount, as follows: PROJECTED BILLINGS BASED ON MAY 6, 1998, COMPLETION PERIOD PROJECTED BILLING BALANCE REMAINING 66,271.00 February 26,933.00 $39,338.00 March 26,933.00 $12,405.00 April $23,433.00 1 1,028.00 May 10,233.00 21,261.00 A reement Shortfall: 21,261.00 The above table indicates a shortfall of $21,261. However, due to the possibility that more time may yet be granted to the contractor, it is recommended that Concept Marine's agreement be supplemented by $30,000 to continue onsite construction management services. 2. SB 821 Fund Transfer: Because of the common areas (overlap) between Pier Plaza bike trial improvements and two SB 821 bike trial regional funding projects, the City requested to incorporate these common areas into the Pier Plaza Construction. OCTA granted that request and subsequently, the City billed for those portions of bike trail improvements. The centerline of the Pier represents the dividing line between the two regional projects. Approximately 51% of the total valuation can be assigned 'to the trial improvements south and 49% to the north. Applying those percentages to the value breakdown of Pier Plaza bike trail improvement establishes each dollar amount accordingly for a total amount of $170,651. Environmental Status: n/a Attachmentfsl: RCA Author: DDS:REE:DSS:dss 0030508.01 -3- 03/04/98 4:20 PM i ATTACHMENT #1 • FIRST AMENDMENT TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CONCEPT MARINE ASSOCIATES, INC. FOR CONSTRUCTION MANAGEMENT CONSULTANT SERVICES FOR CONSTRUCTION OF THE PIER PLAZA (CC 1029) This First Amendment amends that Agreement, made and entered into April 14.,1997, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and CONCEPT MARINE ASSOCIATES INC., a California corporation, hereinafter referred to as "CONSULTANT," providing for construction management services on the Pier Plaza Improvement Project (CC1029) in the City of Huntington Beach; NOW, THEREFORE, it is agreed by CITY and CONSULTANT that Section 4 of the April 14, 1997 Agreement is amended to read as follows:: 'A. COMPENSATION CONSULTANT's fee for such services shall be based upon the following hourly rates: Principal $110 CM $85 Inspector $65 Clerical $36 Total compensation under this agreement including costs and expenses, shall not exceed $360,480. CONSULTANT shall prepare a monthly statement which will set forth the nature of the services provided during the preceding period, the names and hours of each individual providing services, and the total number of hours and mount of fees attributable to providing such services. In addition, CONSULTANT shall be entitled to monthly reimbursement from City for out-of-pocket expenses incurred in connection with the provisions of said services. 3lklplaza1314196 Said monthly statement shall include the total amount of such expenses incurred during the preceding period." All other provisions of the Agreement shall remain the same. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Agreement to be executed by and through their authorized offices as of March 16, 1998. CONCEPT MARINE ASSOCIATES, INC. By: Gordon R. Fulton, President .AQ By: 2::�� pri e ITS: (circle on Secreta Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: Ci dministrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California ATTEST: City Clerk /9 7, APPROVED AS T FORM:: 3 -/ - ity Attorney INITIJED A PROVED: 0 UW_ 4 9Y ' Director 6f Pubic Works 3/k/plaza/3/4/96 ConceptlViar* e � Q"o PY Concept Marine Associates, Inc, Planning, Design, & Construction Management February 26, 1998 1961510877R11201 Mr. Douglas S. Stack, P.E. City of Huntington Beach Public Works Department 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 RE: Huntington Beach Pier Plaza Construction Management Agreement Request for Supplement Dear Mr. Stack: 1853 En-barcadero Oakland, California 94606 Tel: (510) 533-7600 Fax: (510) 533-7611 The Huntington Beach Pier Plaza Construction Project was scheduled for completion on March 6, 1998. The revised completion date is May 6, and may be extended to May 30, 1998. Had the project been completed as originally scheduled, we anticipate that $15,405 would have remained as an unbilled contingency, as shown in the following table: Projected Billings Based on March 6, 1998, Completion Period Projected Billing Balance Remaining $66,271.00 February $26,933.00 $39,338.00 March $23,933.00 $15,405.00 Unbilled Contin enc $15 405.00 EE© Oakland, California ■ Marina del Rey, California ■ Honolulu, Hawaii 0 . Mr. Douglas Stack February 26, 1998 196151877R11201 Page 2 However, with the extension of the construction completion date to May 6, 1998, we anticipate that our.billings will exceed the original Agreement amount, as follows: Projected Billings Based on May 6, 1998, Completion Period Projected Billing Balance Remaining $66,271.00 February $26,933.00 $39,338.00 March $26,933.00 $12,405.00 April $23,433.00 ($11,028.00) May $10,233.00 ($21,261.00) Agreement Shortfall: $21 261.00 The above table indicates a shortfall of $21,261. However, due to the possibility that more time may yet be granted to the contractor, it is recommended that Concept Marine's Agreement be supplemented by $30,000. Please indicate your concurrence by returning a signed copy of this proposed amendment to our Oakland office. Sincerely, Gordon R. Fulton President ACCEPTED: 12• rt�Aias S. Stack, P.E. Date City of Huntington Beach GRF:keb CONCEPT MARINE Fax:"J10-5-zz7611 har 12 '98 14:L6 P. 03/04 3S6I!0ATE(mWC0/-f'yi IS !SSjEL? AS A-- INI-QKMATICY. bwrgr THI$ CtK1;F-IL;A.E )TLX Or- CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER- THIS CERTIFICATE DEALEY, RENTON & ASSOCIATES DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Insurance Brokers J. Word POLICIES BELOW P COMPANIES AFFORDING COVERAGE P.0- Box 12675 L/� 31 Oakland, CA 94604-2675 HER A C'o Fireman'Fund 1n;zurante Co. !!Oko 1% w CONCEPT MARINE ASSOCIATES, INC cckop"4y C '853 Embarcadero Lena Oakland, CA 94606 D CCIODANV LETIZA HE ,141S IS To CEPT! - PY THAT TH' POL:^IES OF INSURANCE '-:S790 B@-OwmAvE 89EN -SS'J';-:7U TC: THE INSU�-EC) 1,1W,90 ASOVEPOP. T PERI'D IN0I-'.A%Q. NOT WITmS- ANDING ANY MEOU'REMENT, 72P'.1. CP CONDII r--NC)= ANY CD.%J'rQA'-' ^R C TIER DOCJJ.IENT WIT H Rc-4_ZPP_C ! To w,4iC;4 I HIS CEPTIP'CATE WAY BE ISSUED QP.MAY PEAT AIN, THY ir,]S;,PANCE AgffORPZ=': BY T'-710::CiES DE57,�:6=-7 IHEPC-1`1 IS SIJ13JC-CT TO ALL T--PmS. NCLUSICNIS AND CONDIT16KS CP SL;Z;;: 3,.0VVNm'1y iAv-, BEE Pff-::=-:) EI-CI-Atl-S LT TYPED/ NZURANCE IRCLICYNUMBIA P*LIrYEFF9CTIVV6'90L1G-i IEAJ2MAT1-0?4 LIMITS DATIalkil2civy) I DATE' G,EnNERALL:teiLrry G.NILAL A-U5P!.� ,Aft zZ..0 �G 00 A L GVERA, L!A3!!:TY mXCUU361951 1/06/98 11 i015199 P.R0000. 3-CC-11 'IV A f5. C-A.-V.S NIAOE L_X OCCUR. P--fts>AL ADJ. CONIRACICR'S ?FRO' I [At,?. T.CURRINC! FTIRE CX-11GE (A:y arc life) I= 1 C O 09 0 0 IAED. EXPENSE [Amore pmO70 6000 AUTUMolliLf 1-14011-ITY ANY AJ.0 i C0%16i.%E0 S;NGLk ALL MINED AUTDS 90ALY 114JUPY SCHLEDULD AVOS FAN ALIDS DoDr.y 1,'1.:Ur'y CARAC; ',IASILIIY LINISARIA nPlIki A001!3A!! OTHER THAN UW0P.[.1,A FC.%l F VVQRKgR'S COWIENZA71ON SIATU-.0iry LIM113 U AND LIMIT 51S,'ASE-1A-- it-IPLOYR D91SCRIPTION OF OPFRATIONSIL=ATION%fVFHICLeSISPIECI,'L ITIENS These policies have no deductibles with respect to projects undertaken by the named insured for the City of Huntington Beach. See -attached addi tiortirl inguted and e4nt- X -A& C EL A SH-00LD ANY CF 7F-= ABUvP DESr,%5E-:) Pp'-IGIEG 13;: CANCELLED BEFORE il%-' EXPIRATION -CATE THEQZOP. TH-1- issu,'z COr,/Pm,.',e WILL 5WQ;A% Q; D C-.,-t -1: MAIL 30 -DAIISWill.-Tz-.',Ik'C',T;Cr-TO?49-CE�TIFICATc^4OLD T City of Huntington Beach - Department of Public Works 2000 Main Street 41UTHORIZEU REPRESENTATIVE RC 9 IL ASSO^11,nS lag55-7000 Huntington Beach, CA 92549 E --1J CON EPT MARINE rax:510-5337611 2 u 14:45 P.011u4 M0 `Av44 P14iW --s Y q�F�P � �r�l.� Y�liJi.- .a,..r-..-axr.� ..... Y.`, r„��ri, PpG6O�FA � .r., a J-}=v � -- �� '.+; iifYl OAYe [uNlL70/Y1� ra • * } �Y # c O=�AS A MATTER OF IN OKMAIJON XND I CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE /DEALEY, RENTON & ASSOCIATES DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Insurance Brokars J. Ward POLICIES BELOW. C0MPAMES AFFORDING COVERAGE D.O. Box 12675 Oakland, CA 94604-2675 �� COMPANY TT LEER A Co-ign Prafes.3ionals ln.s Co 510-455-3090 `3 1� (. 6 G- l i3 a CCWAcry LETTER ArnvFlcan Automobile In Co. ' LETTER C CONCEPT MARINE ASSOCIATES 1053 Embareadera CCLOANY LET FER ❑ Oakland. CA 94306 COLPArIY LETTER E ,f /�{� p 9•.tYl ;7li Y- -'rfi r1trFA th+ 1 #i �kAr.lAk/xS!'4! ii�hyy ,- 1-. - .-1..-.��. II�:.S �i..�...$ 15 TO CERTitY THAT THE POLICIES OF INSUR ANirE L1S7ED BELOW MAvE SEEN *SUE0�T0 T i1E INSUREC NAnti0 :.BO VE FCF TF-E PCLICY PERICO I:JC:CATEO.!NOrwITHSTANOINSANY RECLIRP-LENT.TE��EvlDRCCNDITION 0►A. YCONIP'l T GRQTHERDOCIi}. NT 1 IIHRtiSPECT T0wM:Cr47MIS CECTIFICAT'c MAY 13E ISSUED Ori MAY PER; AIN. 7HE INSUPA.NCE AF::QKi=.CI 3Y THE P0L-DES CES--R:BfC 1-EREiN IS SUB_r-TO =LL Tk_ TEWsV EX .LI:SiONS ANO C0NCITi0NS 0r SUCh a I.IC'ES. LIMITS SHOWNIvIAY HAVE BEEN R='j ;ED 3'f PAT;, COI TVPZOf INSVRANC! LTp POI,ICYNYI.#BER POLICYEFFECTAlE POLICY EXPIRAT101V VATE(LIU/OD/VY) I GATE(kIW/V0/YY) II,LA7V.S. LIMITS GENERAL LIABILITY ! GE'.;RAL AGGRESAT_ _ CD4AERCIAL 5ENERAL LIABILITY ACU $ CLAIMS MADE F� OCCUR. I i PERSONA: & ADV. INjUt' I EACH CCrL:RrtNCL L Ow-NER'S d CI)PIT84'OR'S FACT. f F,R[ {'AM.A3[ (A.Cne 'i,cj I,!EG_ E%%E`ISE IA. 0•1 oelso�` S I AUTQLMB LE LIABILITY - - - r ... - C:lI IP:KD SINGLI S AA`v/ AUTO Pe, Ps::" ALL OWNE7 AJI ;S S.I•EDULEO AU105 II 8D0!; I::JCRtt I i I!a :cc ic�C ;ACKAP AA!AC: ;3 �19E0 ACFZS r10N-C=+NN AJIOS r - -✓ A 4tOx'., - I GARAGE ,IA9 ..lr EXCESSLI:BILITY I EACH C[_i:r3E4CE I T I UMBRE:[A IDF.41 OIHER EHAI: 1IMBRU LA FORM i I i AGfiaErAQ B WORKER'S COMPENSATION- . i:1000000' (ACTT A� ]E41 's 8 AND EiIPLOYCAi'LIAf3ILTTY WZP80743228 7/01197 i 7/0`/96 71Si+$f-P�L:CY LIlf.IT $ 1000000 UISEASI-!.Ch E1Ar;T7+lt S 7000GG o711CR 1 I A ?ROFESS;OVAL :51,000,000 PER LIABILITY CLAM & ANNUAL COVERAGE I 7! / 7 7/0'/99 AGGREGATE DESZRIPTION Of OPERATIOD$ILCCAT]ONEIVLMIOLZVS➢ECIAL ITEMS These ,polities have no deductibles with respect to projects undertaken by the named insured for the City of Huntington Beach. x CERT1FICIR7E�H-(XDER,'.:K::: :'-: ;.,•;. r �aL° ti r v MCA ELCJAYE� r „ rlY/VYYY r4••SoiY1. 5..r„l .„_. -•--... •'i..-...--...7.. .. .:.... .1. ... .... ...........a. ... ......:1�..11„ - .. a .1 . 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MAIL QAYSW'-i1TTENNC)T..CE:OTH=CER71F'CA•IEHCL'.CANAMEGTCTHE City of Huntington Beach LEFT. - - - Department of Public Works 42000 Main Street " AUTHORIZED REPRCS€NTATNE Huntington Beach, CA 9264U IDMEY; RENTC $T�004TILS 1895570Q�J 'sY �J /� 1� `ACGERf?;11:3L7r�l_x' Ysi`„ POp T.0L08 a CONCEPT MARINE' Fax:510-5337611 Mar 12 '98 1C:47 P.OL/C!Zi Additional Insured Owners, Lessees or Contractors (Form B) CG 20 10 1.1-85 Policy amendment -General Liability MIMED: CONCEPT N.- URINE ASSOCIATES, Lti dr-t INSUR.A�'CE CARRIER: Fifeman's Fund Insurance Company POLICY INCTMBER: ALXC80361951 PRODUCER: Dealey, Renton & Associates EFFECTIVE DATE: January 6, 1998 - January 6, 1999 Schedule City of Huntington Beach, its agents, officers and employees WHO IS AIV INSURED (Section Il) is amended to include as an insured the person or organization shown in the Schedule, but only Mth respect to liability, arising out of your work for that insured by or for you. C01MIERCL&L GENERAL LIAETLITY COVERAGE FORMI - CG0001 (11/88) Primary Coverage: Per Section 1'%7 Commercial General Liability Conditions - Section 4, Other Insurance_ Cross Liability Clause: Per Section IV Conanercial General Liability Conditions - Sect-= 7, Separation of Insureds. Waiver of Subrogation: Per Section IV Commercial General Liability Conditions - Section 8, Transfer of Xghts of Recovery Against Others to Company. Notice of Cancellation: It is understood and agreed that in the evert of cancellation of the Policy for any reason other than nonpayment of premium, 30 days written notice will be sent to the certificate holder by mail. In the event the polity is canceled for non-payment of premium, 10 days written notice wit be sent to the above. Authorized 1 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Amend Professional Services Agreement for Consultant Construction Management - Pier Plaza Project, CC-1 029 COUNCIL MEETING DATE: , March 16, 1998 .......STAT1U$..7 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City A Homey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (if applicable) Not Applicable L Findings/Conditions for Approval and/or Denial Attached .............. . ........ . . ..... ::EXPLANATION :FOR:°MISSINGATTACHMENTS. ........ ... .. ......... .... .EXPLANATION FORRETU RN:. OF: ITEM.-.--' cwl OTY OF HUNTINGTON BEAR MEETING DATE: April 14, 1997 DEPARTMENT ID NUMBER: -026 _ Council/Agency Meeting Held: Deferred/Continued to: )!�Ppr.oved gnditio ally Approved D Hied 6 v f f�P<, C� City Clerk's Sign ure Council Meeting Date: April 14, 1997 Department ID Number: 97-026 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION./ PARKING AUTHORITY SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY ES M. JONES II, Director of Public Works RON HAGAN, Director of Community Service SUBJECT: PIER PLAZA, CC-1029, AWARD OR -REJECT ION'=OF"BIDS° 1 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the city award the construction contract to the lowest responsive/responsible bidder from the list bidders who submitted sealed bids to the Office of the City Clerk on March 12, 1997 for the Pier Plaza, CC-1029 and award a professional consultant contract for professional Construction Management Services associated with the construction of Pier Plaza or should the city reject all ten bids received and re -advertise an amended bid? Funding Source: New Revenue Bonds, unused COP funds, Park Bond funds, and Parking Authority funds. Refer to City of Huntington Beach Request for Council Action, dated August 5, 1996 - "Permission to Solicit Bids for Pier Plaza Project." Recommended Action: The staff recommendation for City Council action will be presented at the April 14, 1997 meeting. The following are the two alternative action scenarios the City Council may take depending upon the findings, conclusions, and recommendations of the Bid Protest Hearing Officer: 0024861.01 -2- 04111/97 12:47 PMj�/1 &UEST FOR COUNCIL ACT MEETING DATE: April 14, 1997 DEPARTMENT ID NUMBER: 97-026 ALTERNATIVE ACTION SCENARIO `A' �- ad6,tW, tte, ��,,, U 1. Approve the low bid, Deductive Alternate ('�A-B") combination, submitted by VALLEY CREST LANDSCAPE, INC., 1920 South Yale Street, Santa Ana, CA 92704 and authorize the Mayor and City Clerk to execute the construction contract for the Pier Plaza Project; CC-1029, for a total bid amount of $4,875,000; d 2. Approve the transfer of all remaining unused COP funds, Park Bond funds, and Parking Authority funds to the Pier Plaza Fund for the Pier Plaza Project, CC-1029; 3. Approve an amendment to the current year budget by appropriating $6,283,417 for the purpose of construction of the Pier Plaza Project (total Pier Plaza Project cost of $6,355,000 less $71,583 already budgeted); 4. Authorize the Public Works Department to expend a total of $5,949,520 to cover the contract amount of $4,875,000, estimated construction contingency of $487,500, and supplemental expenditure of $587,020; 5. Approve staffs selection of Concept Marine Associates, Incorporated (a Constructi Management Firm) to perform the work as outlined in the Request for Proposals for Professional Construction Management Services dated August 1996; and 6. Approve the attached professional services contract with Concept Marine Associates, Incorporated and authorize the Director of Public Works to Expend $330,480 to cover contract costs of $300,435, and estimated construction contingency of $30,045. ALTERNA VE ACTION SCENARI ' 1. Rejec n bids submitted for the cons ion of the Pier Plaza Impro ents; CC- 1029, and dire City Clerk to return all bid bo and 2. Authorize the Director of Public ks to re -advertise for bids. Alternative Action(s): 1. Deny both alternative action scenarios and direct staff on how to pursue project. Analysis: On October 21, 1996, City Council rejected the five previous bids submitted for the construction of the Pier Plaza and authorized the Director of Public Works to re -advertise for bids with a refined bid package. On March 12, 1997, staff received and opened ten 0024861.01 Nil 04111/97 12:47 PM ICUEST FOR COUNCIL ACT MEETING DATE: April 14, 1997 DEPARTMENT ID NUMBER: 97-026 bids. California IBA, Inc. has formally withdrawn its bid due to a major mathematical error and pursuant to the Notice Inviting Sealed Bids, Mikala & Company failed to accompany its bid with the required certified check, cashier's check, or bidder's bond, thereby rendering it incomplete and invalid for consideration in the award of contract. The results of the bid opening are summarized below: PIer.Plaia, CC 1029 ._ ;.- .;Deductive: Alternatives Extended Amount.:. ,Engineer's Estimate: $4,850000 ; INITIAL BID'AMOUNT "A" "B" licit No:: CONTRACTOR Construct Construct Restroom/ Delete Precast (3112197) Masonry Sand Masonry Walls ConcessionConcrete Sand Walls (parking areas) Building Walls $3.700.00099 564.600.001 . $35;000;99i $465;990.99 V99,009.9B 2 ........................................................................................................................................................................................................................ AgilEala BrE 54755z59�99 59 00 $25,000.00i $475;909 99i $90.000.00 3 .................. ...... ...... an E.C.D., Inc. ................................................................................................................................................................I........... $5,200,000.00 $50,0D0.00i $120,000.00i $180,000.00 $150.000.00 4 ............ .............. .................................................... Valley Crest Landscape .......................... $5,240,000.00 .................................... . $65,000.00 ................................. 5300,000.00 ............................ S260,000.00 :........................... .... . ...... I........................ $160,000.00 :................................... ... 5 ... ........................................................... S.J. Amoroso Constr. Co. ......................................... $5,434,000.00 .... .... ............................ $130,000.00i ................................. $72,000-ODi $227,000.00i $233,000.00 ........ 6 ............................................................... Excel Paving ........................................ S5,574,000.00 ......................................... ..................................................................................................M............................... $130,000.00€ $60,000.00 $220,000.00 S230,000.00 66 :............................................................... .......................................................... 7 ............. Mallcraft, Inc. $5,838,000.00 ....................................................................................................................................................................... ............... ..................... $60,000.00i ................................. $10.000.00 $360,000.00 $233,300.00 8 Kenai 35 ,994,000.00 $56,000.00i $200,000.00 $241,000.001 $165.000.00 ..............................................................................................................................................................................................................L................................... 9 Hillcrest Contracting S6,275,000-00 $42,000.00i $0.00 $390,000.001 S156:000.00 10 ......................................................................................................................................................................................................-....... FTR lntemationai $6,8B0,D00.0D $10,000.DDi $30,000.00 $220,OD0.00' $150,000:00 Staff refined the bid package and incorporated the use of four deductive alternates. Each Deductive Alternate represented a portion of the scope of work that the City was willing to change or delete to reduce the total project expenditure. In the evaluation of the bids, the city reserved the right to evaluate all options of combination between the Deductive Alternates and the base bid. Of all possible combinations, staff concluded that Deductive Alternate combination A and B proved to be the most economical and should be the option implemented and recommended to City Council for award. Deductive Alternate A provides for the construction of masonry sand walls instead of precast sand walls. Deductive Alternate B provides for the construction of masonry retaining walls in the parking areas instead of precast concrete retaining walls. The implementation of these two Deductive Alternates will save $365,000. It is staffs opinion that masonry walls will provide no significant difference in aesthetics or strength and may, in fact, be more of a deterrent for potential graffiti than precast concrete walls. Therefore, staff is recommending that these alternatives be included in the bid award. Staff is not recommending Deductive Alternates C or D. The restroomlconcession building and the sand walls are vital to the operational success of the Pier Plaza area and should not be deleted. When the bids are summarized with Deductive Alternates A and B 0024861.01 -4- 04/11/97 12:47 PM ICUEST FOR COUNCIL ACT MEETING DATE: April 14, 1997 implemented, it provides the following bid results: DEDUCTIVE "A-B" SUMMARY: DEPARTMENT ID NUMBER: 97-026 ' , -Pier. Plaza, CC-1029' :.• ;: Deductive Alternatives: Extend ed'Ambunt Engineers Estimate. ' ' :. REVISED " 11- - �� �� 11 11 II " A B G D $4,850 000:: , INITIAL`'. BID AMOUNT No. CONTRACTOR: Construct -::'. .-.Construct.:. Restroom/ Delete Precast BIO ° _ Masonry Sand. Masonry.IWa(is Concession Concrete Sand 'AMOUNT; : ' Walls (parking areas) Building Walls 3112t97 .... : . 4 ......................... 6a4#er is 4BA 4ns .............................. 53,79�99999 ................................ 99 ................................... .................. S35,009:89 ..........:............................................................. 5� non on $1AO.000.0 2 ......................................................................................•---....................................................................................................................:............ AAika►a BrG� 54 500 00 50 00 5 00 000 08 $90,000.00 $4,7A�500.00 $4,875,000.D0 75............. 3 Valle Crest Landsca a x..........................A........................................................ $5.240.000.00 _ _5 $65,000.00: $300,000.00 5260,000.00 $16D,000.00 .......-................................................................-.......... ..........000................. 4 Raman E.C.D.,lnc. $5.2DD,000.DO $50...... 0+ $120000... 51BD,ODD:DD S15D,000.00 $5.030,00000 5 S.J. Amoroso Constr. Co. $5,434,000.00 $130.000 00 S72:000.001 $227,000:00 S233,000:00 $5.232.000 00 6 ...... Excel Paving ......... S5574000.00 .................. $13D 000 00, ...... $60 000 00 , $220D00.00! S230.000.00 S5 384 000 00 Kenai S5,994.00000............ 556,000:00............$200,000.00.....$241..000.00....-....-$165.000.00 $5.738.000:00 8 ...................................................................................................................._............................................................................................................................ Mallcraft:lnc............... 55,838,ODD.DO S6D,000.00 $10.000.00 S360,000.00' S233,300.00 $5,768,000-00 9 Hillcrest Contracting 56:275,000.00 S42:000.00 $0.00 $390,000.00 $156.000.00 S5.233,000:00 10 ................. FTR International ..... S6,880,000:00 $10,000.00` $30,000.00 $220,000.00 $150,000.00 S6,840,000.00 With Deductive Alternates A and B, the low bid is Valley Crest Landscape at $4,875,000. However, Roman E.C.D., Inc. has fled a formal protest against the award of contract to any other firm than theirs. In their letter of protest they referenced a recent court case, FTR International vs. City of Pasadena. FTR International, by the way, is bidder Number ten in the above summary. On March 17, 1997 a published ruling by the Court of Appeal of California, Second Appellate District, Division Seven, on this case was issued. The case, FTR INTERNATIONAL, INC. Plaintiff and Appellant, v. City of PASADENA, Defendant and Respondent, involved the use of bid alternates. On April 8, 1997, a protest hearing was conducted before Ernest C. Brown, Esq., P.E. Mr. Brown is a recognized national expert in construction and public works matters. Both Roman E.C.D., Inc., and Valley Crest Landscape, represented by respective legal council, together with in house legal council of the City, present evidence and argument regarding this protest before Mr. Brown. On Friday, April 11, 1997, Mr. Brown presented written findings of fact and conclusions of law concerning the protest. These written findings, were not available at the time of this RCA preparation. However, they will be presented to Council and will serve as the recommendation to City Council in support of only one of the above stated alternative action scenarios for this RCA. In the event of contract award, because this project is the largest beach improvement project the city has undertaken, and because of its intricacies with construction of retaining walls, plaza areas, etc., staff is recommending that the city hire a qualified construction 0024861.01 .5. 04/11/97 12:47 PM &UEST FOR COUNCIL ACT& MEETING DATE: April 14, 1997 DEPARTMENT ID NUMBER: 97-026 management firm to oversee and coordinate the Pier Plaza project. On July 31, 1996, staff mailed request for proposals to five qualified construction management consultants to provide such services in association with the Pier Plaza Project; CC-1029. Three of the five consultants responded to the RFP: Harris & Associates of Los Alamitos; FR3 of Irvine; and Concept Marine Associates, Inc. of Marina del Rey A five member committee met and prepared written evaluations of each proposal on the basis of understanding the project and services requested, qualifications and experience, and responsiveness. The committee recommends Concept Marine Associates, Inc. as the construction management consultant. Concept Marine was the consultant on the rebuilding of the municipal pier and provided invaluable knowledge and service which brought the pier reconstruction in under budget. The project coordinator for Pier Plaza will be Doug Stack, Civil Engineer Associate, from Public Works, and Jim B. Engle, Deputy Director, from Community Services. These staff members will be responsible for coordinating the interface between TS Restaurants' construction project of Duke's Surf City Restaurant, CAL FED regarding the construction of the ATM Kiosk, and the city's construction of Pier Plaza. Following is a complete breakdown of the budget for Pier Plaza: BASE CONSTRUCTION: Construction Contract Amount-..... .......... I ........................................... .................. $4,875,000 CONSTRUCTION CONTINGENCY: 10% of base construction contract cost: SUPPLEMENTAL EXPENDITURE: 1. GTE Utility Relocation: 2. Parking Striping & Signage:.......... 3. Base Plates & Outlets (GFI) 26ea.: 4. Bike/Ped Flasher 2ea.:........................................................................................................... 5. Asbestos Monitoring & Testing 6. Portable Parking Booths 2ea:................................................................................................. 7. Events - Electrical (Spider Boxes) 7 - 50 amp, 1 - 100 amp: 8. SCE Metering Addressing: ..................................................................................................... 9. Amphitheater/Historic Mural 10. So. Gas Utility Relocation...................................................................................................... 11. Consultant Construction Field Supervision 12. Duke's Grading/Retaining Wall........................................................./... I ............ I ............... .. 13. Relocation Jr. Guard Facility . Sub -total: .....................................................1.............................. , ... , . Undesignated Supplemental: Total: .......................................................................................... $487, 500 $78,100 ... $25,000 $2,600 ..... $2,500 $10,000 ... $10,000 $6,250 ........ $550 $240,000 $1,500 $44,950 $76,000 $30,000 . $527.450 $59,570 . $587,020 0024861.01 -6- 04111/97 12:47 PM &UEST FOR COUNCIL ACT& MEETING DATE: April 14, 1997 DEPARTMENT ID NUMBER: 97-026 CONSULTANT CONSTRUCTION MANAGEMENT SERVICES: 1. Pre -Bid Services: $9,948 2. 180 Working Day Schedule: ..................................................................................... $269,487 3. Materials & Soils Testing: $21,000 Sub -total: ...................................................... ...................................... $300,435 10% Contingency: $30,045 Total: ............................................................................................. $330,480 PUBLIC WORK PROJECT ADMINISTRATION: Engineeringstaff:....................................................................................................... $75,000 1. Base Construction: 2. Construction Contingency ................... 3. Supplemental Expenditure: 4. Construction Management: ................. 5. Public Works Administration Total:....... Environmental Status: Attachment(s): SUMMARY OF COST: $4,875,000 ...................................................................................... $487,500 $587,020 ............................................................................... $330,480 $75, 000 ................................................................................... $6,355,000 1. Roman E.C.D. letter of protest, dated March 19, 1997. 2. Court Case Publication: FTR International, Inc. vs. City of Pasadena. 3. Professional Consultant Agreement with approved Insurance Certificate and endorsement. 0024861.01 J. 04111/97 12:47 PM ul Today's Date -/ Research Notes: s ' e Initial, date, anT return to: 0%' Assignment Form 'Evelyn J Office -of the City Clerk II Date needed CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA 92648 CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEMAPPROVED BY THE CITY COUNCIL REDEVELOPMENT AGENCY APPROVED ITEM W DATE: TO: TENTI0N: ef. Kam DEPARTMENT: su�cct .. O� .? REGARDING: city, State, zip See Attached Action Agenda Item # Date of Approval - I - 47 7 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. Connie Brockway City Clerk Attachments: Action Agenda Page ✓• Agreement ✓ RCA Deed Remarks: CC: Bonds. ----�� Insurances Other n CC — .. v garment RCA a trt RC9. artment RCA Risk Management Department Insurance Copy �/ GTol lowuplag muIrmitr V ✓ Agroa�unt imumm OUrcr Agrcctnctu odd Ag ea N Wura= OUmr lil (Telephone: 7144MGM1 • i ATTACHMENT #1 Ar�A ROMAN ROfr AAA E.C.D., INC. 11866 Wilshire Blvd., Suile 202 Los Angeles, CA 90025 E �L+ GENERAL CONTRACTORS Phone: (310) 478.4747 Fax: (310) 478-5099 License #479466 R E C E V E D DEFT. mF F*USt .IC WORKS March 19,1997 MAR 2 4 1997 o-e.274 City of Huntington Beach � 2000 Main St HUNMNOTON REACHs , ^Via US Mail Huntington Beach, CA 92648 Facsimile: (714) 374-1573 Attn.: Douglas S. Stack, P.E. , Associate Civil Engineer Re: Pier Plaza Improvements (1029) (RE -BID) Bid: March 12,1997 @ 4.00 p.m. Subject: Letter of Protest Dear Mr. Stack, This firm was 3rd lower bidder on the above -named project and as such has a substantial, economical, financial and business interest in the proposed intention of awarding the above contract to: Valley Crest Landscaping We hereby claim that the City's intention of awarding the contract to Valley Crest Landscaping is unreasonable for the following reason: City's decision is based on random selection of alternates (copy of a recent case FTR International vs. City of Pasadena is enclosed). Now, therefore, we hereby protest any award to "Valley Crest Landscaping" and any other firm than our firm and allege that our firm now has the lowest responsive bid and request a hearing for determination as required by law. You are obligated by law to defer the contract award until a heating for the resolution and determination of this protest. Please be informed that this firm will be present at the hearing and request the opportunity to present further evidence and information. Please send this firm notice of time and place of the hearing Should you have any questions, please feel free to contact our office. Sincerely yours, Michael M. -Badiey .. • .. President encl. 0 A..TTACHMENT #2 FTR INTERNATIONAL, INC., Plaintiff and Appellant, V. CITY OF PASADENA, Defendant and Respondent. 0100096 COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN 1997 Cal. App. LEXIS 193 February 16, 1997, Filed NOTICE: [*1] THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT To CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION. SUBSEQUENT HISTORY: The Publication status of this Document has been Changed by the Court from Unpublished to Published March 17, 1997. As Modified March 17, 1997. PRIOR HISTORY: APPEAL from a judgment of the Superior Court of Los Angeles County. (Super. Ct. No. BS 036404). Robert H. O'Brien, Judge. DISPOSITION: Reversed. COUNSEL: Coleman & Raisin, Bradley A. Raisin and Armenak Kavcioglu for Plaintiff and Appellant. Tracy Webb, City Attorney, Carolyn Y. Williams, Assistant City Attorney, for Defendant and Respondent. JUDGES: WOODS, J. We concur: LILLIE,,P.J., ARMSTRONG, J. * Assigned by the Chairperson of the Judicial Council. OPINIONBY: TWOODS OPINION: This appeal is from a judgment in favor of the City of Pasadena ("City") in a mandamus proceeding brought by appellant challenging the City'B;use of alternative bids as part of its competitive bidding process. We -reverse. FACTUAL AND PROCEDURAL SYNOPSIS I. Factual Background n1 - - - - - - -- - - - - - - - - - - -Footnotes- -- - - - -- - - - - - - - - - - - - n1 Respondent is admonished that its sporadic references to the record do not satisfy its mandatory obligation under California Rules of Court, rule 15(a) to provide citations to the record for all statements of any matter in the record. TO 39VJ VS3 IZVAAV NI3b8 LZZ9£9LBTS TD :z.T L6bT lbT /£O _ 03/19/1997 12:41 81B7835227 RAFIK AYVAZ.I ESQ PAGE 02 PAGE 7 1997 Cal. App. LEXIS 193, * 'Wray, supra, 194 N.Y.S. 390, 399-400.) In the instant case, both the Charter and the Code gave the City the unfettered right to reject all bids. In Sempre Const. Co. v. TP. of Mount Laurel, supra, 482 A.2d 36, 38, 401 as the issue before the court was the use of a particular bidding strategy by a bidder, at best, the court impliedly upheld a municipal agency's right to laa►ke an award on the base bid, or base bid plus alternatives, as it might adequately judge the [*16] entire bid as to each bidder in determining to make as award. In Automatic Merchandising Corp. v. Nusbaum, supra, 210 N.W. 2d 745, 748-749, there was a statute specifically authorizing the use of alternative bids. No such statute or ordinance exists in this case. Aa did the court in Domar, we must ascertain whether the use of the alternative bid procedure comported With the purposes of competitive bidding. We conclude that such a procedure does not violate the City's competitive bidding law as it allows the City to make the most economical use of it resources and deal with a problem in a sensible and practical way. However, although the procedure helped insure economy, it did not exclude favoritism. As more expressly recognized in appellant's reply brief, part of the procedure allowed for the appearance of impropriety. When the City selected which alternatives to add, the names of the bidding contractors were on the tabulation sheet. Having access to the names of potential bidders afforded the City the opportunity to play favorites. Accordingly, we conclude that part of the procedure should be eliminated from any future use of alternative bidding and some sort of [*17] blind identification of bidders should be used until after the decision of which bidder was the "lowest and best," i.e., the lowest responsible bidder. Alternatively, the City could determine the order of the alternatives prior to opening the bids. DISPOSITION The judgment is reversed, and the court is directed to issue a writ of mandate informing the City that any use of an alternative bidding procedure must include a means by which to keep the names of the bidders confidential until after the determination of which alternatives to include. Appellant to recover costs on appeal. WOODS, J. We concur: LILLIE, P.J. ARMSTRONG, J. * * Assigned by the Chairperson of the Judicial Council. 0 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CONCEPT MARINE ASSOCIATES, INC. FOR CONSTRUCTION MANAGEMENT CONSULTANT SERVICES FOR CONSTRUCTION OF THE PIER PLAZA (CC 1029) THIS AGREEMENT, made and entered into this IYA day of 199;, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", CONCEPT MARINE ASSOCIATES INC., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant for construction management services on the Pier Plaza Improvement Project (CC1029) in the City of Huntington Beach; and Pursuant to documentation on file in the office of the City Clerk, the provisions of HBMC Chapter 3.03 relating to procurement of professional service contracts has been complied with; and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: WORK STATEMENT CONSULTANT shall provide all services as described in the Request for Proposal, and CONSULTANT's proposal dated August 22, 1996, (hereinafter referred to as Exhibit "A"), which is attached hereto and incorporated into this Agreement by this reference. Said services shall sometimes hereinafter be referred to as "PROJECT." CONSULTANT hereby designates Warren S. Mills, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. Wplaza=0197 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed by the CITY and CONSULTANT. 4. CCOMPENSATION, In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT a fee not to exceed Two Hundred Eighty -One Thousand, Four Hundred Eighty -Seven Dollars ($289,487). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A," or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 8. METHOD OF PAYMENT A. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the progress and payment schedules set forth in Exhibit "A". B. Delivery of work product: A copy of every technical memo and report prepared by CONSULTANT shall be submitted to the CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY 2 Wplazall Oil SM 0 ! shall identify specific requirements for satisfactory completion. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. C. The CONSULTANT shall submit to the CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of the CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and completed. 5) For all payments include an estimate of the percentage of work Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If the CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval, within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement is terminated as provided herein. D. Any billings for extra work or additional services authorized by CITY shall be invoiced separately to the CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra 3 3Wplaza/1011 srss 0 work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps and other documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first. In the event this Agreement is terminated, said materials may be used by CITY in the completion of PROJECT or as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 8. INDEMNIFICATION AND HOLD HARMLESS CONSULTANT hereby agrees to indemnify, defend, and hold and save harmless CITY, its officers and employees from any and all liability, including any claim of liability and any and all losses or costs arising out of the negligent performance of this Agreement by CONSULTANT, its officers or employees. 9. WORKERS COMPENSATION CONSULTANT shall comply with all of the provisions of the Workers Compensation Insurance and Safety Acts of the State of California, the applicable provisions of the Califomia Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attomey fees and costs presented, brought or recovered against CITY, 4 3WPlazall al 5r96 0 for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this Agreement. CONSULTANT shall obtain and furnish evidence to CITY of maintenance of statutory workers compensation insurance and employers liability in an amount of not less than $100,000 bodily injury by accident, each occurrence, $100,000 bodily injury by disease, each employee, and $250,000 bodily injury by disease, policy limit. 10. INSURANCE In addition to the workers compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY the following insurance policies covering the PROJECT: A. General Liability Insurance A policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a fort which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 5 3liclplaza/10/15M B. Professional Liability Insurance. CONSULTANT shall acquire a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT's professional liability in an amount not less than $500,000 per claim. A claims made policy shall be acceptable. 11. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall fumish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; 4. and shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation." CONSULTANT shall maintain the foregoing insurance coverages in force until the work under -this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONSULTANT's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 6 3WplazaM/30l96 0 0 12. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONSULTANT shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 13. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. 14. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the consent of CITY. 15. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 16. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the Califomia Govemment Code. 7 31Wplaza/M0/96 0 0 17. NOTICES Any notice or special instructions required to be given in writing under this Agreement shalt be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY's Director of Public Works as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY: TO CONSULTANT: Les Jones, Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 18. IMMIGRATION Gordon R. Fulton, President Concept Marine Associates, Inc. 13483 Fiji Way Marina Del Rey, CA 90292. CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 19. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 8 3wplazawo/96 20. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 21. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONCEPT MARINE ASSOCIATES, INC. By: Q�� Gordon R. Fulton, President i By: Cam_ =&Z 1Z 4 pr' ITS: (circle on4 Secretary Chief Financial Officer/Asst. Secr - reasurer REVIEWED AND APPROVED: �X City Adminis rator CITY OF_HUNTINGTON BEACH, A municipal corporation of the State of California 01 Mayor ATTEST: City Clerk 0 APPROVED AS TO FORM: City Attorney is-i� f6 INITI D PPROVED: Director of ubl)Works WplazaWO/96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CONCEPT MARINE ASSOCIATES, INC. FOR CONSTRUCTION MANAGEMENT CONSULTANT SERVICES FOR CONSTRUCTION OF THE PIER PLAZA (CC 1029) Table of Contents WorkStatement................................................................................................... 1 CityStaff Assistance............................................................................................ 2 Time of Performance........................................................................................... 2 Compensation..................................................................................................... 4 ExtraWork........................................................................................................... 2 Methodof Payment............................................................................................. 2 Disposition of Plans, Estimates and Other Documents ........................................ 4 Indemnification and Hold Harmless..................................................................... 4 Workers' Compensation...................................................................................... 5 Insurance............................................................................................................. 5 Certificates of Insurance..................................................................................... 6 Independent Contractor...................................................................................... 7 Termination of Agreement.................................................................................. 7 Assignment and Subcontracting......................................................................... 7 Copyrights/Patents............................................................ .............................. 7 City Employees and Officials.............................................................................. 8 Notices................................................................................................................ 7 Immigration......................................................................................................... 8 Legal Services Subcontracting Prohibited.......................................................... 8 AttorneyFees..................................................................................................... 9 Entirety............................................................................................................... 9 Wplazal91 W6 03/13/97 09:732 EEnLY- TON & rA �FOC 4 17143741590 NO. 118 Pool 110 r le- r KU �f . .... ............... .... ... 7A4 1-0 K."10. "i , )UP f i THIS CERTIFIl�-KrIE-15 ISSUED AS A MATTER OF INMRMATIZM�WAND 'R 13 CONF'1 NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE CONFERS DEALEV, REN70N & ASSOCIATES N; T A, LDOE�S NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Insurance Brokers J - Ward POLICIES RELOW. P.O. Box 12675 COMPANIES AFFORDING COVERAGE Oakland. CA 94604-2675 510-465-3090 A American Auiomobilc Ins Co. Yilcp Design Professionals ins Co CONCEPT MARINE ASSOCIATES. INC C.3MP4W C 1853 Embarcodero Oakland, CA 94606 I Firema.n's fund _j.n.5uj.ante Co. D v E LETrCOMP ER ...... ..... .STEC BELOW HAVEBEENGS0:0 'ID 1F4_- 1r'.15j;;E0 hJAk!::CI 42-3VEFr_-P PC LiCY P'-q-n(-; T , TOCERTiFY THAT THEPOLIOIES PANICE L HI$ ir%,DICA TED, NO T W11 H_qY ANCNO ANY PF_0VIAEMLN 1. YEW1'6Ac3,%,6i-,ioNr_)g A_NYCCN14,C; wiTHRrSPEC7 T-!S CERTIFICATE M A Y BE ISSUED OR MAY PERT AIN. THE INSLjPA!%1C= A; 5r_)P(jED BY PO: L)ES,;�:SjjL) I-E;;EiN qOBjErT, '6 Al L "F F EXCLUSIONS AND CONDITIONS OF SUCH POLICIES Lw.iTSSHO�V.%"'-YHA,Ee---Er�IREOU YDAICCLAMS eo TYPEOF WSURANCK POLICYNUMBPA POLIO y Fj Feel IVE. POLICY EXPIRATION LIMITS DATE (JAMIDDIVY)f DA T 9 LMM11JD/-f?) j WfCAA.L LIAWLITV 13kf.jRAJ 2000.poo ,", WA CuERCIXI. UNERAL tIABILIly MXCO0352669 I 1/06/97 1/06/98 PAO.9UC I S - CIDPAPJCP A,S I i 0 4000 0 CIA;ms mot a OCCUA - PERSONAL & AN iNjUR" kACH . _QGCOno _L�L OWNjA-S & CONTRA.'IDA'S PROT 0C,0A1:FNC! 1000goo F:R( 3AM-A.G[ (An,, one 50000 !wsa. E)PINst wq Ole re'l;,11 5000 AWTOMQUILE L[A[3N.I'Y ANY AUTO ALL OWN(O AUTOS i - 7 IN--,.,h SEWOUL0 AUTOS APPJ01'.E.:� �vssmj AS TO �ORM• HIRED Aul0s ! BGC-I, ;N;jRN NON-0Ir'%Ffl AUTOS PC, 4�C-CCAI' y GARAGI LIABILIT-t it EXCESSLIABUTY t ty Attorney LMBF.'L A FORM OIHlR ILAAN LIPABRfILA FORM WoRxreQMPMJ;T;0N 'WZP80708490 Al 7/01/96 7/01/97 1 ';C!- 1a20000 &%L0 1 1000000 EMPLOVERS'LIAPILITy 100000C PROFESSIONAL ADD1. ALTAV100-000 PER END-O SEE N -f A LIABILITY CLAIM &ANNUAI COVERAGE ! F-LS11290 1 7/01/96 7/21/97 AGGREGATE DESCRIPTiON Of OPER ATIONS)LOCATIONSIVEHiCLES1 SPECIAL ITEMS These policies have no deductibles with respect to projCC[S Undertaken by the named insured for the City of Huntington Beach. -"CANCEL LATION 'Y Of' Dr- - S-HOLILD AN C �-\P:RAIION DATE Tr4EREQP. 7-_E- 'A A IL 'IFCFal F H L DER NAfec:__ T' 30 -'Fif, - T - City of Huntington Beach LEF: C4;- ^ Ems4 m —, Oapartniant of Public Works 8; AE z 2000 Main Street Huntington Bosch, CA 92648 C54�%�MPORATION ISSO Additional Insured Owners, Lessees or Contractors (Form B) CG 20 10 11-85 Policy Amendment -General Liability INSURED: INSURANCE CARRIER: POLICY NUMBER: PRODUCER: EFFECTIVE DATE: Schedule CONCEPT MARINE ASSOCIATES, INC. Firemen's Fund Insurance Company MXC80352869 Dealey, Renton & Associates January 6, 1997 to January 6, 1998 City of Huntington Beach, its agents, officers and employees WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your work for that insured by or for you. COMMERCIAL GENERAL LIABILITY COVERAGE FORM - CGO001 (11/88) Primary Coverage: Per Section IV Commercial General Liability Conditions - Section 4, Other Insurance. Cross Liability Clause: Per Section IV Commercial General Liability Conditions -. Section 7, Separation of Insureds. Waiver of Subrogation: Per Section IV Commercial General Liability Conditions - Section 8, Transfer of Rights of Recovery Against Others to Company. Notice of Cancellation: It is understood and agreed that in the event of cancellation of the Policy for any reason other than non-payment of premium, 30 days written notice will be sent to the certificate holder by mail. Ll obSr1,Ls �h1� _7p3,/l3,/97 09:-32 REPLY, ,0ON a ASSOC 4 17143741590 NO. lie Pool 07 F: 15SVE DATE (IMel j-'MAN .. ..... AS A MATTtll G1 t"r'4'0-NMATA-1 AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DEALEY, RENYON & ASSOCIATES DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Insurance Brokers J. Ward POLICIES BELOW. P.O. Box 12675 I COMPANIES AFFORDING COVERAGE Oakland, CA 94604-2675 510-465-3090 C0h&)_-NV A LF.nur American Automobile ins CCVPINNV LE!IEP Design Professionals Ins Co_ CONCEPT MARINE ASSOCIATES. INC C-ZwRANY C 1853 Embarcadero I -E:EA F i r ern a.n F n d_1 nqqjrance Co. Oakland, CA 94606 Co_" Lr :Tr' ... .... ...... THIS IS TO CERTIFY T THE Pp? ICES Or INSL;,-,ANCE LIST EC BELOW -AVE BEEN iSSL;ED P Li�] PCP '614COI eNDICA TED, NO TWIT HSI ANOING ANY AF 0ij:AEML'N I. TERM. .401-NONOr- -NYC0N1Q&Cr wiT,,QF4;-PE T C V., F i'S C CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE 04SURANCE ArPOPOED BY 7p.= Po_lc;<-5 DES';;:;SE!) TO At L '�'F EXCLUSIONS AND CONDITIONS OP SUCH POLICIES LW.tTSSH.QWNt,1A'1 NAVE e9_7Ebi REDUCED SYRAID CLAMS CO Tvpe OR INSURANCE POLICV14UMAIER POLICY !EFFECTIVE I POLICY EX"_ 61WITS Lr DATE( MMIDD/V") GATE (LIWCL:)/ i GVJWAAL LIAGILITIF It 2000000 C Ca.*AFRCIAI. 694RAL UADIUTY MXCO0352069 1/06/97 1/06/90 PRom 1 s - C(rAPIOP At,' 1000000 X CLAIMS MADE OCCUR OX P:PSOIJjk'. & Aj%. :NjUP! OWNfR'S 6 CONTRACTOP'S PROT i 'LA4H 0C,;JR'1ENE( 1000000 i F:q[ D.WAS[ 16ny one 14!: 50000 500-M AWTOMOBILE LFABILITV AW AUTO Abro$ SC+rEDUIED _U10S 1PP4CVr.` AS TO ORM:. CA T_T_. ON NON-QIV4'FI1 AUN)S T." INEY 1 SARAR LIABIVIV QPF It1jr 'AVA5; t EXOESSLIAS I TV it �;! r"CUL r-; 4-y Attornqy LMBRtILA FORM OiK4 THAN LIPABRitLA FORM WORKEWS 00MIRENSA74ON I V A AND 1WZP807084198 J 7/01/96 7/01/97 i !-C- 1000000 XIAMOVERS'LIAMLITY 1000000 51 PROFESSIONAL 100 PER ADD'L. INCUR-_D ENDO SEM ENT ATTX1100 LIABILITY CLAIM a( ANNUAL COVERAGE PL511290 7/01/1§ 7/01/97 AGGREGATE WSCRIPTiON OF OPER4TKR4S5L00AT1*N21VEH 4LESJ%Pr;QIAL ITEMS These policies have no deductibles with respect to projCCIS undertaken by the named insured for the City of Huntington Beach. . .... ........ jo N. EXP:14A'HCN DATE 'HEAEC--. 7"E :z1_5L';:v-:; 'WILL EED'"' N'--F; 3 MAiL 0 City of Huntington Beach LEF:'.. BUI .4 +t- DGPartMent Of Public WGrkS '8Pj 2000 Main Streat Huntington Beach, CA 92648 AUTHORIZIE13 REPRESENTA.TIVF; FORATION 1990 11 :04 I)�HL'f, RE^ITON r:+SSU'L � r14:374153 Additional Insured Owners, Lessees or Contractors (Form B) CG 20 10 11-85 Policy Amendment -General Liability IINSURED: CONCEPT MARINE ASSOCIATES, INC. INS11 ANCE CARRIER: Fireman's Fund insurance Company POLICY NUMBER: MXC80352869 PRODUCER: Dealey, Renton & Associates EFFECTIVE DATE: January 6, 1997 to danuary 6, 1998 Schedule City of Huntington Beach, its agents, officers and employees WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your Nvork for that insured by or for vou. COMMERCIAL GENERAL LIABILITY COVERAGE FORIM - CG0001 (11/88) Primary Coverage: Per Section I\% Commercial General Liability Conditions - Section 4, Other ln,,urance. Cross Liability Clause: Per Section ITT Commercial General Liability Conditions - Section Separation of Insureds. Waiver of Subrogation: Per Section TV Commercial General Liability Conditions - Section 8, Transfer of Rights of Recovery Against Others to Company. Notice of Cancellation; It is understood and agreed that in the event of cancellation of the Policy for any reason other than non-payment of premium, :30 days written notice will be sent to the certificate holder by mail. Aut 113 PR G�3/14/57 11: ej4 DERL`f , R�3N ' 3 ASSOC 3 1714374159Q NO.2�23 FOLD Additional Insured Owners, Lessees or Contractors (Form 13) CG 20 10 11-85 Policy Amendment -General Liability INSURED: CONCEPT NIARTtiE ASSOCIATES, LN-C. INSURANCE CARRIER: Fireman's Fund Insurance Company POLICY NUMBER: MXC80352869 PRODUCER: Dealey, Renton & Associates EFFECTIVE DATE: January 6, 1997 to January 6, 1998 Schedule City- of Huntington Beach, its agents, officers and employees WHO IS AIV INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your work for that insured by or for vou. COMMERCIAL GENERAL LIABILITY COVERAGE FOR -Al - CG0001 (11/88) Primary Coverage: Per Section 1V Commercial General Liability Conditions - Section 4, Other Insurance. Cross Liability Clause: Per Section IV Commercial General Liability Conditions - Section T. Separation of Insureds. Waiver of Subrogation: Per Section IV Commercial General Liability Conditions - Section 9, Transfer of Rights of Recovery Against Others to Company. Notice of Cancellation; It is understood and agreed that in the event of cancellation of the Policy for any reason other than non-payment of premium, 34 days written notice will. be sent to the certificate holder by mail.