Loading...
HomeMy WebLinkAboutRandall Nomann DBA Nomann's Construction and Marine Services - 2018-11-01 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND RANDALL NOMANN dba NOMANN'S CONSTRUCTION AND MARINE SERVICES FOR HUNTINGTON HARBOR PUBLIC WATERWAY MAINTENANCE SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach a municipal corporation of the State of California, hereinafter called "City," and Randall Nomann dba Nomann's Construction and Marine Services a Sole Proprietor, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of public waterway maintenance and cleaning services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02, NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates RANDALL NOMANN who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. Page I of 9 2016 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $80,000 per year during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate November 1, 2021 , unless terminated earlier in accordance with the provisions of this Agreement. Term may be extended for up to TWO (2) additional 3-year terms at City's sole discretion and mutually agreed upon by City and Contractor. All tasks specified in Exhibit "A" shall be completed no later than as specified in Exhibit "A" from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 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," Contractor will undertake such work only 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, in amounts up to 10% over the stated annual contract limit without requiring contract addendum. 6. Disposition of Plans,Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. Page 2 of 9 2016 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the Project/Service, 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 One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable Page 3 of 9 2016 to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. The requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and 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 Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. Page 4 of 9 2016 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 16. Assignment Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this l Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor 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 Page 5 of 9 2016 interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section 1 hereinabove) or to City 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, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: To Contractor: City of Huntington Beach Nomann's Construction and Marine Service Attn: Denny Bacon 16691 Bayview Drive PO Box 233 2000 Main Street Sunset Beach CA 90742 Huntington Beach, CA 92648 Attn: Randall Nomann 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or Page 6 of 9 2016 plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor 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. 25. Legal Services Subcontracting Prohibited Contractor 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. Contractor 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 Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 2016 Page 7 of 9 , 28. Jurisdiction - Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also Page 8 of 9 2016 HUNTINGTON HARBOR PUBLIC WATERWAY MAINTENANCE SERVICES EXHIBIT A SCOPE OF WORK The scope of services includes two major categories. Category I includes those services to be performed on a scheduled basis. Category II includes those services to be performed on an as required/needed basis. Taken together, Category I and Category II services ("Services") will require the selected contractor to maintain all publicly accessible waterways within Huntington Harbour as follows: Category I Services. Category I Services shall be performed once a week on a regularly scheduled basis (one full and complete cleaning of the entire harbor per week). 1. Contractor shall travel the route defined in Attachment 1, locate, collect, and remove from all publicly accessible areas (including channels, finger channels,unoccupied slips, and flood control channel booms) all trash, debris and other waterborne materials such as, but not limited to cups,papers, leaves, shrubs, tree limbs, tree trunks, cans, plastic bottles, moss, seaweed, wood, dead fish and animals, containers, and other articles of debris. In no event shall contractor board or otherwise gain access to private docks. Where indicated on Attachment 1 as inaccessible by boat, contractor shall collect trash, debris and other waterborne materials that have been bagged by others and set at the end of docks. 2. Contractor shall be responsible for disposal of all trash, debris, and other waterborne materials. Disposal shall be in accordance with all applicable local, state and federal rules, laws and regulations. All costs arising from disposal of trash, debris, and other waterborne materials collected from the harbor shall be to contractor's account. 3. Contractor shall perform a functional check of each marine sewage pumpout station and proposed dump station indicated and listed herein on Attachment 1. Such functional check shall be performed in accordance with Attachment 2. For each functional performance check contractor shall complete a functional performance check report attached hereto as Attachment 3. Category II Services. Contractor shall perform certain Services on an as-required basis as further described below: 1. Weather events are known to generate substantial debris in the various flood control channels leading to Huntington Harbor. Category II Services are those required to remove trash, debris, and other waterborne materials that collect at the Edinger Street flood control channel boom, the Warner Street flood control channel boom and/or other areas designated by the Beach Operations Supervisor following such weather events. 2. The City's Beach Operations Supervisor, after consulting with County of Orange Parks Supervisor shall issue to contractor, in writing, work requests directing all Category II Services. Based on such written work requests by the Beach Operations Supervisor, contractor shall perform all Category II Services within 24 hours of notification by the Beach Operations Supervisor. EXHA.-1 HUNTINGTON HARBOR PUBLIC WATERWAY MAINTENANCE SERVICES EXHIBIT A Reporting Requirements. The City and other public agencies require certain data arising from contractor's services. As part of the Services, contractor shall prepare and submit to the City the following: 1. A"Trash, Debris and Other Waterborne Material Characterization Report" (Attachment 4) each time contractor travels the route prescribed in Attachment 1. This report shall be submitted to the Beach Operations Supervisor monthly no later than five business days following the end of each month's service. 2. Functional Performance Check Reports for each performance check conducted as prescribed in. Reports shall be submitted monthly. Other Duties. While performing the duties within the scope of work, Contractor is expected to extend good customer service, be personable, and educate residents, other contractors, and the general public on what cannot be washed into the harbor. 1. Contractor shall work closely with the City's Beach Operations Supervisor in order to attain, within the Scope of Services, the highest level of service possible to the public. 2. Contractor, at his own expense, will provide his own vessel, licensing, vessel maintenance, fuel, all materials, and tools. Contractor will be provided dock space for one vessel not to exceed 25 feet in overall length. Dock space can only be used for contractor's workboat and only while performing services in this agreement. 3. Contractor shall attend quarterly the Huntington Harbor Waterways Committee meetings scheduled by the City. Contractor shall prepare and present a summary report of contractor's activities, problems and other concerns for the preceding quarter. 4. Contractor will carry a cell phone for immediate contact in the event of a complaint. Cost of cell service will be contractor's responsibility. EXH A.-2 HUNTINGTON HARBOR PUBLIC WATERWAY MAINTENANCE SERVICES EXHIBIT A Nomann Proposal - Page 2 • 4) working with the City to help improve the quality of the water in the Harbour • 5) living in the Harbour, we are able to provide a rapid response at any time We know that Nomann's Construction and Marine Services is the right choice again to provide the services being proposed. We have been in business for over 30 years. We are a member of the Huntington Beach Chamber of Commerce and a member of Project Aware. We have all the necessary boats, equipment, certificates and permits required to deal with all manners of waste collection and disposal within Huntington Harbour, including but not limited to ordinary trash, deceased fish and fowl, oil and diesel spills as well as any other material considered hazardous. We have extensive experience working in Huntington Harbour with the City of Huntington Beach already, the community, as well as the residents that live in the Harbour. Nomann's Construction and Marine Services is dedicated to continue improving the marine environment. We live in the Harbour, we enjoy daily excursions throughout the Harbour observing water qualities and we currently pick up any debris we come across, we have a extensive relationship with the locals already in the Harbour. One goal is to partner with Project Aware and local divers for annual underwater clean up of the Harbour and continue to maintain the cleanliness of the Harbour. We started a program that promotes "Keeping our Harbour Clean" by awarding certificates "Certificate of Excellence and Awareness". In addition, we have the capability of providing a fast on location at any time oil/diesel spill clean-up services or for any emergency. We currently supply the services requested in the RFP in accordance with the following yearly price schedule which will remain the same. A. Category I Services: 1. Performance of service "once a week" per year: a. Performance of Service for One Complete Circuit per week: $59,800.00. b. Pump out stations inspections: $2,100.00 EXH A. - 4 HUNTINGTON HARBOR PUBLIC WATERWAY MAINTENANCE SERVICES EXHIBIT A Nomann Proposal - Page 3 B. Category II Services: 1. Hourly Rate for Category II Services: $125.00 There is a minimum of 4 hours per day. This hourly rate includes all labor, equipment, materials, supervision, fuel and expenses or other cost. These prices and terms shall be valid for a period of at least one hundred eighty (180) days from September 13, 2018. We know our proposal will assure you that our company is uniquely qualified to perform the task at hand to the highest standards. Our years of experience, living in the Harbour, cruising the Harbor daily, along with our training and state of the art equipment will continue to provide the City of Huntington Beach with exceptional service and results. We look forward to the opportunity to share our proposal, additional information and ideas with you to continue in making our Harbour a better place. Please feel free to contact me with any questions.or concerns. Sincerely yours, Randall Nomann EXH A. - 5 HUNTINGTON HARBOR PUBLIC WATERWAY MAINTENANCE SERVICES EXHIBIT A Nomann Proposal - Page 5 :�.ttn�cti t� l��tl��r«CC`c�r7 crrat��3c�as�i�l��r�ts�t� ! �r'5.1,�,(:t ii.? jS.i ltt r�•&' T3d-O Y:aon%YV it�'. <Tttl�'!1 kEl5t 9H1YiZ«t171➢t1.tC1.r�lUl?6,I11�e:,S�€,IY C'aHl f�it:2S, Ra 11 nd 11 1i 11 l Nemann Owner 714-200-91 Terri Nomann Secretary 714-222-558z i r laxi4.l��irsi,�c.!is��u '�iatn,�cz' .._...._., .-......__ .,-...r_�... __�_.. ___ A q!93308 � C,i"• iy'll��nt:r�;'..r� Beach 11f r�.cY�se.}°�>ri rss+.,;!ot7t3in:a i iu�tint�t�,a t3c�ich 13u:.irn��•ti I i.Cri''.C�u}nr�s aa�Efaryr,`1��fc���ar�w�.i Ov,, ,)t N Dale, c i t I 1 ' I � 1 I r a i I � 3 1 EXH A. - 6 HUNTINGTON HARBOR PUBLIC WATERWAY MAINTENANCE SERVICES EXHIBIT A Nomann Proposal - Page 7 Background and Project Summary This is a proposal to provide the highest level of maintenance and customer service in the removal of refuse and debris from the Huntington Harbour. Nomann's Construction and Marine Service concur with the City's goals delivering exceptional services in: 1. Maintaining clean and safe healthy waterways 2. Educating residents, and boaters of Huntington Beach regarding waste dumping into the Harbour 3. Providing exceptional customer service within the Harbour and the City 4. Work with the City to help improve the Harbour at all levels 5. Living in the Harbour, we are able to provide a rapid response at any time, Nomann's Construction and Marine Services is an environmentally conscious company. We have all the necessary boats, equipment, certificates and permits required to deal with all manners of waste collection and disposal within Huntington Harbour, including but not limited to ordinary trash debris, waterborne materials, papers, leaves, shrubs, tree limbs, tree trunks, cans, plastic bottles, moss, seaweed, wood, deceased fish and animals, containers, any other articles of debris. EXH A. - 7 HUNTINGTON HARBOR PUBLIC WATERWAY MAINTENANCE SERVICES EXHIBIT A Nomann Proposal - Page 8 Methodology Section Nomann's Construction and Marine Services uses a specially designed boat to patrol the designated areas of Huntington Harbor for floating debris and refuse as well as any other additional waste material in the Harbour. Nomann's Construction and Marine Services will collect the floating debris and refuse and provide for it's proper disposal. We will remove bagged trash from designated locations and provide for its disposal. We will carefully examine and physically test the equipment for pump out stations noted in the Request for Proposal. Nomann's Construction and Marine Services will continue ongoing established relationships with the residents and community and will provide the highest standards of customer service and educate the public regarding the negative impact of illegal dumping into the Harbour as well as proper protocol when it comes to waste and hazardous material. As being a resident of this Harbour for the past 26 years, we feel our methods of methodology shown that our waters are back to pristine conditions as they once were. When out on our daily Harbour cruises we will be able to check the booms, if we notice a back level of debris behind the boom we're going to notify the city promptly. In preparation of any storm including major storms, we will go out there and identify if a boom has been maintained and is functioning properly during our weekly complete circuit. We have a GPS tracking mechanism on our vessel that would be updated through the web in real time so that City can see where the boat is and monitor the route we signed up for. In addition to running this route, we will continue to have personal contact with each Marina Master at the 3 major Marinas in the Harbour; Peters Landing, Sunset Aquatic and Huntington Harbour Tennis and Racket Club. EXHA. - 8 HUNTINGTON HARBOR PUBLIC WATERWAY MAINTENANCE SERVICES EXHIBITA Nomann Proposal - Page 9 Staffing Randall Nomann, President of Nomann's Construction and Marine Services will manage and be point of contact for all matters relative to Huntington Harbour Waterway Project. Mr. Nomann is a well established citizen of the Huntington Beach community. Mr. Nomann has operated Nomann's Construction and Marine Services for over 30 years along with his wife Terri Nomann. Nomann's Construction and Marine Services method of managing the project is Randall Nomann will be working on-site at all times. Mr. Nomann will also be responsible for training all other staff members. Mr. Nomann will be the main person who will drive the boat and will collect and dispose of the debris and refuse collected. Our office is staffed with 3 employees who will work with Mr. Nomann when needed. EXH A. - 9 HUNTINGTON HARBOR PUBLIC WATERWAY MAINTENANCE SERVICES EXHIBIT A Nomann Proposal - Page 10 Related Experience Nomann's Construction and Marine Services 2012 - Present PO Box 233 Sunset Beach, CA 90742 Randall Nomann - Owner 714-200-9100 • Maintenance of Public Waterways within Huntington Harbour • Maintain clean and safe healthy waterways Educate residents, and boaters of Huntington Beach regarding waste dumping into the Harbour • Provide exceptional customer service through out the Harbour and the City • Working with the City to help improve the Harbour at all levels • Perform functional check for the marine sewage pump out station • Inspect and maintain/or repair boom • Emergency salvage diving Maintain and provide monthly reports EXH A. - 10 HUNTINGTON HARBOR PUBLIC WATERWAY MAINTENANCE SERVICES EXHIBIT A Nomann Proposal - Page 13 Qualifications 1. City of Huntington Beach + Provide Maintenance of Public,Waterways within Huntington Harbour + January 2012 - Present + Scott Smith Office # 714-536-5287 Ssmith@surfcity-hb.org EXH A. - 11 HUNTINGTON HARBOR PUBLIC WATERWAY MAINTENANCE SERVICES EXHIBIT A Nomann Proposal - Page 14 Fee Proposal Nomann's Construction and Marine Services will not change its current contract price for Category I Services based on one complete circuit per week. We are confident and experienced in cleaning the Harbour that we can maintain the Harbour maintenance at our current price. A. Category l Services: 1. Performance of service "once a week" per year: a. Performance of Service for One Complete Circuit per week: $59,800.00 b. Pump out stations inspections: $2,100.00 2. Definitions: Performance of Service - One Complete Circuit Per Week: Service would be until the circuit is complete per week. Nomann's Construction and Marine Services will continue to follow to Harbour Map included in the RFP locating and collecting floating debris and refuse. Nomann's Construction and Marine Services will check the pump-out station, the boom and collect the bagged trash at the designated locations along the route of the map. B. Category II Services: 1. Hourly Rate for Category II Services: $125.00 There is a minimum of 4 hours per day. This hourly rate includes all labor, equipment, materials, supervision, dump fees, fuel and/or other cost. EXH A. - 12 ATTACHMENT 2 MARINE SEWAGE PUMP-OUT INSTRUCTION SHEET Contractor will: 1. Have on board vessel a five (5) gallon bucket. 2. Check first for physical damage. 3. At each pump-out location, fill the five (5) gallon bucket with water. 4. Add a dye tablet to the water, making sure the tablet and water are mixed 5. Turn on pump and suck out the water in the bucket. 6. Make note of the amount of time that it takes to suck the bucket dry. A pump in good running order should remove water in less than five to eight seconds. 7. Check all sewer lines to the bulkhead, making sure that there is no dye in the water. 8. If pump is malfunctioning or if a leak is detected, notify the person who is listed as responsible for that pump at that location to post an out-of- order sign. 9. Notify the Beach Operations Supervisor of the broken pump. 10. Log all information of finding on Exhibit C, Report of Functional Performance Sheet. ATTACHMENT 3 REPORT OF FUNCTIONAL PERFORMANCE DATE DATE PUMP LOCATION PUMP LOCATION PHYSICAL DAMAGE PHYSICAL DAMAGE ESTIMATED TIME TO ESTIMATED TIME TO SUCK OUT BUCKET SUCK OUT BUCKET LEAK LOCATION LEAK LOCATION PUMP IN GOOD PUMP IN GOOD WORKING ORDER WORKING ORDER PERSON NOTIFIED& PERSON NOTIFIED& SIGN POSTED SIGN POSTED DATE 11 SEP 09 DATE PUMP LOCATION PUMP LOCATION PHYSICAL DAMAGE PHYSICAL DAMAGE ESTIMATED TIME TO ESTIMATED TIME TO SUCK OUT BUCKET SUCK OUT BUCKET LEAK LOCATION LEAK LOCATION PUMP IN GOOD PUMP IN GOOD WORKING ORDER WORKING ORDER PERSON NOTIFIED& PERSON NOTIFIED& SIGN POSTED SIGN POSTED DATE TIME DATE TIME PUMP LOCATION HHYC PUMP LOCATION PHYSICAL DAMAGE NONE PHYSICAL DAMAGE ESTIMATED TIME TO N/A ESTIMATED TIME TO SUCK OUT BUCKET SUCK OUT BUCKET LEAK LOCATION NONE LEAK LOCATION PUMP IN GOOD Taped off!Not Working PUMP IN GOOD WORKING ORDER WORKING ORDER PERSON NOTIFIED& PERSON NOTIFIED& SIGN POSTED SIGN POSTED COMMENTS: ATTACHMENT 4 MONTHLY REPORT Trash, Debris and Other Waterborne Material Characterization MONTH: TOTAL#OF HOURS: NUMBER OF EMPLOYEES INVOLVED: NUMBER OF COMPLAINTS INVESTIGATED: QUANTITY OF DEBRIS: TYPES OF DEBRIS& PERCENTAGE: WOOD, PALMS, REEDS: TRASH, DEBRIS &CANS: ANIMALS: LOCATIONS: MISCELLANEOUS INFORMATION: SUBMITTED BY: acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney . This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a Nomann's Construction and Marine Services municipal corporation of the State of California By andal o ann print name ty Manager ITS: Sole Proprietor INITIATED AND APPROVED: Public WoM Director APPROVED A City Attorney Receive and File City Clerk Page 9 of 9 2016 HUNTINGTON HARBOR PUBLIC WATERWAY MAINTENANCE SERVICES EXHIBIT A Nomann's Construction and Marine Services 1 ry 16691 Bayview Drive, PO Box 233 Sunset Beach, CA 90742 C: 714-200-9100 E: randallnomann(a)gmail.com DIR #1000056541 September 12, 2018 City of Huntington Beach Central Service Division 2000 Main Street Huntington Beach, CA 92648 Re: Proposal to Provide Maintenance Of Public Waterways Within Huntington Harbour To Present Employee: As President of Nomann's Construction and Marine Services, I am submitting one (1) PDF copy of the enclosed Proposal To Provide Maintenance Of Public Waterways Within Huntington Harbour for consideration by the City of Huntington Beach. This proposal will show that Nomann's Construction and Marine Services has currently provided 6 years of the highest level of maintenance and customer service in the removal of refuse and debris from all public waterways within the city limits of Huntington Harbour. Nomann's Construction and Marine Services shares the City's goals with exceptional service in: • 1) maintaining clean and safe waterways • 2) educating the citizens and boaters of Huntington Beach regarding waste dumping into the Harbour • 3) providing positive customer relations within the Harbour and the City EXH A. - 3 Huntington Harbor Wharfage City ofHuntingtonBeach ,•�•`::`f''' I b� i�.,. , . 5 1;1 >]361q. - i�` Sitl + -- '7iSSi1 �J i } I 7�/ ^ •�- 1 "gip �r� � � � � c .��� L• ��+ � .►art' �l '�.Ti r 77�, I .SSSS . '1 i try^y •..� .�I�{.��tT�,`b . w„�. w� , 1055''1> : ..'F\r• j,,,y� 93T7{ � ;;'. �' b: r ?{. .t� '6900. I � • �'!'';� �73R :..v .a: ..�•�+_•.� \ •F+bya t ``"F. ��*. : 3`�f �-.,�� . i l F m M '> t�Y ��• ,SST.,i1'1 ,�• � sr_. e ` 5 ..�,...u• Z 1 ♦ • ,► y�` tt"'. L' 'S tit.,:= e. � �� IL L-4 •ywR I 1• L'1 ,. 5 I ?. .at Y. •• t .A: ', L a ! • f ,[p[ + ,Q 4761 wr,n,,,.....•„«, a a• � ri 'i I `�. I .I _�_1 I�i i.•LI ' lit PICK Op 1 (1161 VA t •. ♦,•L •w.•r.ls T•• b i T .ti-, t - - wam.ciWS.