HomeMy WebLinkAboutNomann's Construction and Marine Services - 2022-12-01 SERVICE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
NOMANN'S CONSTRUCTION AND MARINE SERVICES
FOR
MAINTENANCE OF PUBLIC WATERWAYS WITHIN
HUNTINGTON HARBOUR
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 Nomann's Construction and Marine Services,hereinafter referred to as
"Contractor."
Recitals
A. The City desires to retain a Contractor having special skill and knowledge in the
field of maintenance of public waterways.
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.
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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"B." The total sum to be expended
under this Agreement, shall not exceed Two Hundred Forty Thousand Dollars
($240,00.00) 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.
c. Contractor shall be paid pursuant to the terms of Exhibit"B."
4. Term
Time is f e essence of this Agreement. The services of Contractor are to
commence I&/1 .ads or as soon as practicable after the execution of this Agreement by
City(the"Com encement Date") and terminate three (3) years from Commencement
Date,unless terminated earlier in accordance with the provisions of this Agreement.
Contract may be extended for 2 additional one-year periods if mutually agreed to in
writing by both parties. 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.
b. 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, date 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.
23-12344/301517 2
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 of 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,
23-12344/301517 3
the aggregate limit must be no less than 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 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 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.
This 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.
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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.
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 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 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.
23-12344/301517 5
16. Assignment
Inasmuch as to 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 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 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: Contractor:
City of Huntington Beach Nomann's Construction and Marine Services
Attn: Director of Public Works Attn: Randall Nomann
2000 Main Street 1730 Tam Oshanter, #13
Huntington Beach, CA 92648 Seal Beach, CA 90740
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.
23-12344/301517 6
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 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;
23-12344/301517 7
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.
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,through 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.
23-12344/301517 8
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 non-prevailing 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 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 party'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.
23-12344/301517 9
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 Mayor. This Agreement shall expire when terminated as
provided herein.
CONTRACTOR CITY OF HUNTINGTON BEACH, a
NOMANN'S CONSTRUCTION & MARINE municipal corporation of the State of
SERVICES California
By
7- t`? ,v,4Ea_
Mayor
•RrI nci ca I I N3ON\c5,1\v\
Print name
ITS: (circle one)Chairmak iderit q4./.4444,1444)
Vice President
City Clerk 3//s/-Z3
AND
By: 1.-e POIY1.cx INITI41ED AND APPRO D:
Print name
ITS: (circle one)(fiecreta&Chief Financial OP / �Officer/Asst. Secretary-Treasurer , _/_/_� -
Director of Pu I k •ks
APPROVED A " FORM:
j
City Attorney
' IDNNI► AP'ROVED:
City 71411.
23-12344/301517 10
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
Maintain Public Waterways within Huntington Harbour
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
SEE ATTACHED EXHIBIT "A"
C, CITY'S DUTIES AND RESPONSIBILITIES:
D. WORK PROGRAM/PROJECT SCHEDULE:
23-12344/301517 11
EXHIBIT A
Nomann Quote - Page 7
Background and Project Summary
• This is a Quote 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. Disposal of all trash, debris, waterborne materials safely within rules and regulations
3. Perform a functional check for each marine sewage pump out station
4. Be prepared and responsive for any immediate emergency that may need our
services
5. Report in a timely manner all reports with data collection monthly to the city
6. Educating residents, and voters of Huntington Beach regarding waste dumping into
the Harbour
7. Providing exceptional customer service within the Harbour, to the City and to any
regulatory agency
8. Work with the City and any regulatory agency to help improve the Harbour at all
levels
9. Maintain the public appearance of our vessel and dock space provided to us to
represent our City to the highest standards
10. Nomann's Construction and Marine Services uses a specially designed boat to
patrol the designated areas of Huntington Harbour for floating debris and refuse as
well as any other additional waste material in the Harbour
11. We have a GPS tracking mechanism on our vessel that would be updated through
the web in real time so the City can see where the boat is and monitor the route we
signed up for
Nomann Quote- Page 8
12, 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; Peter's Landing, Sunset
Aquatic and Huntington Bay Club
13. Living in the Harbour for many years and having a strong relationship with the
residents and community, 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 and limbs, tree trunks, cans, plastic bottles, moss,
seaweed, wood, deceased fish and animals, containers, any other articles of debris
•
EXHIBIT "B"
Payment Schedule(Fixed Fee Payment)
SEE ATTACHED EXHIBIT"B"
1. CONSULTANT shall be entitled to monthly progress payments toward the
fixed fee set forth herein in accordance with the following progress and payment schedules.
2. Delivery of work product: A copy of every memorandum, letter, report,
calculation and other documentation prepared by CONSULTANT shall be submitted to
CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has
comments on any such product, CITY shall identify specific requirements for satisfactory
completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress
payment due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's
firm that the work has been performed in accordance with the
provisions of this Agreement; and
E) For all payments include an estimate of the percentage of work
completed.
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 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 CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the
reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at
the option of CITY be suspended until the parties agree that past performance by
CONSULTANT is in, or has been brought into compliance, or until this Agreement has
expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and
in writing by CITY shall be invoiced separately to 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 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.
23-12344/3015 1 7 12
EXHIBIT B
Nomann Quote- Page 12
Fee Quote
RFQ MAINTENANCE OF PUBLIC WATERWAYS WITHIN HUNTINGTON HARBOR
CATEGORY I SERVICES-WEEKLY QUOTE/BID SHEET
Nomann's Construction and Marine
Services 11/23/22
r2otnpany Name: Date:
Instructions for completing the Quote/Bid Sheet:Complete I till-in all boxes below.
CATEGORY I SERVICES-WEEKLY
ITEM RATE
Category I Weekly Complete
Harbor Cleaning 1,191,00
S per week
Category I Additional Complete
Harbor Cleaning 1,000.00
Per Event/On Request $ per event
Nomann Quote - Page 13
Fee Quote
RFQ MAINTENANCE OF PUBLIC WATERWAYS WITHIN HUNTINGTON HARBOR
CATEGORY II SERVICES-AS REQUESTED/DIRECTED QUOTE/BID SHEET
Nomann's Construction and Marine
Services 11/23/22
:ompany Name: Date:
Instmctions for completing the Quote/Bid Sheet:Complete/fill-in the box below.
CATEGORY II SERVICES-AS REQUESTED/DIRECTED
ITEM RATE
Category II Harbor Cleaning as
directed,per hour• 125.00
$— per hour
'hourly rate to Include all labor,fuel,equipment,materials,
supplies,dump fees,etc.
' r ® DATE(MMfDD1YYYYj
A`CC0 o CERTIFICATE OF LIABILITY INSURANCE
03/20/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1NSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
Number) Insurance Marketing Services PHONE Shannon Belo Fax
17111 Beach Blvd Ste 103 uvc.No.E.* (714)848-4400 IA!C,Not:(714)848-3600
Huntington Beach,CA 92647 ADDRESS: Shannon@number1ins.com
License#: 0C17917 INSURERS)AFFORDING COVERAGE NAIC E
INSURERA: Accident Fund General Insurance Co
INSURED INSURER B:
RANDALL NOMANN CONSTRUCTION INSURER C:
PO BOX 233 INSURER D:
SUNSET BEACH,CA 90742-0233 INSURERE:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 00008469-362571 REVISION NUMBER: 10
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR P
LTR TYPE OF INSURANCE IANSD DDL SWVD POLICY NUMBER (UER MM/DDIYYYI IMM!DDryYYYY)
LIMITS
A X COMMERCIAL GENERAL LIABILITY Y GLSISTC003196922 11122/2022 11/2212023 EACH OCCURRENCE $ 1,000,000
—DAMAGE TO REED
CLAIMS-MADE X OCCUR PREMISES(Ea occur ence) $ 50,000
MED EXP(Any one person) $ 5,000
PERSONAL&ADV INJURY $ 1,000,000
GEM_AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
X POLICY El LOC PRODUCTS-COMP/OP AGG $ 1,000,000
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S
(Ea accident)
ANY AUTO BODILY INJURY(Per person) $
— OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DEO RETENTIONS $
WORKERS COMPENSATION PERTUTE ER OTH
AND EMPLOYERS`LIABILITY
R
ANY PROPRIETOR/PARTNER/EXECUTIVE Y f N N IA E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $
lives desonbe under
DESG�RIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS f LOCATIONS!VEHICLES(ACORD 10t,Additional Remarks Schedule,may be attached If more space Is required)
City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers Is named as additional
insured with regards to COL when required by written contract with the insured.
APP OVER S TO FORM
B �I J
y
MICHAEL E.GATES
CITY ATTORNEY
CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS.
2000 Main Street
HUNTINGTON BEACH, CA 92648 AUTH�IYEDREPRESE TATII
(y/git/I& L6
I (SSB)
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by SSB on 03/20/2023 at 04:49PM
CERTHOLDER COPY
SP
STATE
I:OMPFNSAIIQN P.O. BOX 8192, PLEASANTON, CA 94588
INSURANCE
FUND
CERTIFICATE OF WORKERS` COMPENSATION INSURANCE
ISSUE DATE: 02-14-2023 GROUP:
POLICY NUMBER: 1804969-2022
CERTIFICATE ID: 8
CERTIFICATE EXPIRES: 12-01-2023
12-01-2022/12-01-2023
CITY OF HUNTINGTON BEACH SP
2000 MAIN ST
HUNTINGTON BEACH CA 92648-2702
This is to certify that we have Issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period Indicated.
This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer.
We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy,
Authorized Representative President and CEO
UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING:
THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER;
EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING
CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS'
COMPENSATION LAW.
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2023-02-14 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED:
CITY OF HUNTINGTON BEACH
EMPLOYER
NOMANN, RANDALL DBA: RANDALL NOMANN'S SP
CONSTRUCTION
PO BOX 233
SUNSET BEACH CA 90742
[JG3,CS]
IREV.7-2014) PRINTED : 02-14-2023
Accident Fund General Insurance Company
200 North Grand Avenue • Lansing,MI 48933-1288
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ACCIDENT FUND GENERAL INSURANCE COMPANY
COMMERCIAL GENERAL LIABILITY POLICY
ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS
SCHEDULED PERSON ORGANIZATION ONGOING OPERATIONS ONLY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
Name of Additional Insured:
City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers
Designated Project/Location to which this endorsement applies:
(If no entry appears above,the information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
A. Section IIl-Who Is An Insured is amended to include as an additional insured the person(s)or
organization(s)shown in the Schedule,but only with respect to liability for"bodily injury","property
damage"or"personal and advertising injury"caused,in whole or in part,by:
I. Your acts or omissions;or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations performed during the policy period for the additional
insured(s)at the location(s)designated above.
B. This insurance does not apply to"bodily injury"or"property damage"that takes place after,and the
Additional insureds status as an additional insured hereunder terminates,upon the earlier of:
. Ali work,including materials,parts or equipment furnished by the Named Insured in connection
with such work,on the project(other than service,maintenance or repairs)to be performed by or
on behalf of the additional insured(s)at the location of the covered operations has been completed;
or
2. That portion of"your work"out of which the injury or damage arises has been put to its intended
use by any person or organization other than another contractor engaged in performing operations
for a principal as part of the same project.
Coverage for any additional insured is governed by the terms, conditions, and exclusions of this policy and all
endorsements,including the Insuring Agreement.
The coverage provided for any additional insured is only to the extent of and in the proportion the additional Insured
is held liable for the negligence or strict liability/conduct/acts of the Named Insured. No coverage is provided for
liability based upon the acts,errors or omissions of the Additional Insured.
Except as set forth above,all of the terms,conditions and exclusions of this policy apply and remain in effect.
Policy No.: GLSISTC003 196922 Accident Fund General Insurance Company
Date: 02/16/2023 By;
Time: 12:01 a.m, (7c G --- ,..611x A ' C
Steve Cooper,President Bobbi Ellidt.,Corporate Secretary
AFGIC AlE ONO 00 01 0318 Page 1 of 1
Accident Fund General Insurance Company
200 North Grand Avenue• Lansing,MI 48933-1288
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ACCIDENT FUND GENERAL INSURANCE COMPANY
COMMERCIAL GENERAL LIABILITY POLICY
ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS(COMMERCIAL ONLY)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Additional Insured:
City of Huntington Beach, its officers,elected or appointed officials,employees,agents and volunteers
Designated Project/Location to which this endorsement applies:
(If no entry appears above,the information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
Section III-Who Is An Insured is amended to include as an additional insured the person(s)or
organization(s)shown in the Schedule,but only with respect to liability for"bodily injury,"
"property damage"or"personal and advertising injury"caused,in whole or in part,by:
I.The Named Insured's acts or omissions;or
2.The acts or omissions of those acting on the Named Insured's behalf
in the performance of"your work"for the additional insured(s)at the location(s)designated
above.
Coverage for any additional insured is governed by the terms,conditions,and exclusions of this policy and all endorsements,
including the Insuring Agreement.
The coverage provided for any additional insured is only to the extent of and in the proportion the additional Insured is held
liable for the negligence or strict liability/conduct/acts of the Named Insured. No coverage is provided for liability based upon
the acts,errors or omissions of the Additional Insured.
Policy No.:GLSTSTC003196922 Accident Fund General Insurance Company
Date: 03/21/2023 By:
Time: 12:01 a.m. �� �-- ,! e
Steve Cooper,President Bobbi Ellidorporate Secretary
AFGIC AIE COM 00 01 0318 Page 1 of 1
Accident Fund General Insurance Company
200 North Grand Avenue •Lansing,MI 48933-1288
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ACCIDENT FUND GENERAL INSURANCE COMPANY
COMMERCIAL GENERAL LIABILITY POLICY
ADDITIONAL INSURED ENDORSEMENT
INCLUDING PRIMARY COVERAGE AND WAIVER OF SUBROGATION
The section of the policy entitled 111. — WHO IS AN INSURED is amended to include as an additional insured any person or
organization for whom you are performing operations when you and such person or organization have agreed in a legally enforceable
written contract or agreement entered into before your work commenced, that such person or organization be added as an additional
insured on your policy. The coverage afforded by this endorsement is only(I)with respect to liability in connection with the original
Named Insured's ongoing operations performed for said Additional Insured during the term of this policy, and (2) only if the
Additional Insured performs all obligations required under this policy.
The coverage afforded to an Additional Insured is limited to a claim made for a Covered Loss not covered by other insurance available
to an Additional Insured,and is limited by the provisions of the Insuring Agreement,Exclusions,Conditions set forth in the policy
and all endorsements thereto.
No coverage is afforded under the"products-completed operations hazard"for an Additional Insured pursuant to this endorsement.
The coverage afforded to an Additional Insured under this endorsement ends as of the date of completion,abandonment,or termination
of the work of the Named Insured at any jobsite,project,or structure, There is no coverage hereunder for any Additional Insured in
connection with any claim or suit involving any claim for damage that takes place or is alleged to take place following completion of
the Named Insured's work.
The"work"of the Named Insured will be deemed completed as of the date all work,including materials,parts or equipment furnished
in connection with such work,on the project or any structure therein(other than service,maintenance or repairs)to be performed by or
on behalf of the additional insured(s)at the location of the covered operations has been completed,or when that portion of"your work"
out of which the injury or damage arises has been put to its intended use by any person or organization,including another contractor or
subcontractor engaged in performing operations as part of the same project,whichever is earlier.
The coverage provided for the Additional Insured is only to the extent that the additional insured is held liable for the negligence or
strict liability of the Named Insured, and is only to the extent of and in the proportion Additional Insured is held liable for the
negligence or strict liability/conduct/acts of the Named Insured. No coverage is provided for liability based upon the acts,errors or
omissions of the Additional Insured.
If expressly required by a written and legally enforceable contract entered into by the Named Insured prior to commencement of work
by the Named Insured for the Additional Insured,then the insurance afforded by the policy to the Additional Insured shall be primary
insurance,and any insurance or self-insurance maintained by the above Additional Insured shall be excess of the insurance afforded
to the Named Insured and shall not contribute to it.
If expressly required by a written and legally enforceable contract entered into by the Named Insured prior to commencement of work
by the Named Insured for the Additional Insured,then we waive any right of subrogation we may have against an entity that is an
Additional Insured per the terms of this endorsement because of payments we make for injury or damage arising out of"your work"
performed under such written and legally enforceable contract with that Additional Insured.
Except as set forth above,all of the terms,conditions and exclusions of the policy apply and remain in effect.
Policy No.: GLSISTC003196922 Accident Fund General Insurance Company
Date: 11/22/2022 By:Time: 12;01 a.m. ' "7; ‘,61-,- Ef`A2�
Steve Cooper,President Bobbi EllioLorporate Secretary
AFGIC AIE OPWS 00 01 0318 Page 1 of 1
timotutho No.24418-41
S 'ty
CITY OF HUNTINGTON BEACH
• J 2000 Main Street
',•.
Huntington Beach, CA 9264s
DECLARATION OF PERMITTEE
I certify dint no vehicle(s) will be used or operated in the performance of the
tusk(s)or event(s)for which this permit is granted.
I authorize the City of I hunington Beach to immediately and retroactively revoke
the license or permit issued in connection with or in the performance of said MA(s)
or , •
Ovent(a)Irony vehicle(s)is used, ,
Sigtratnre of PermitteeL,
Print ilaffip tj filka
Company name or appikabk) cv.t1/4 „A roto-J,1,0.
Date sigimi ,„7) /
Imo) EXO1B11.
STATE HOME OFFICE SAN FRANCISCO ANNUAL RATING ENDORSEMENT
N s a 4 ,c c IT IS AGREED THAT THE CLASSIFICATIONS AND RATES PER $100 OF REMUNERATION APPEARING
FUND IN THE CONTINUOUS POLICY ISSUED TO THIS EMPLOYER ARE AMENDED AS SHOWN BELOW.
HERE ARE YOUR NEW RATES FOR THE PERIOD INDICATED. IF YOUR NAME OR ADDRESS SHOULD
BE CORRECTED OR IF INSURANCE IS NOT NEEDED FOR NEXT YEAR, PLEASE TELL US.
IMPORTANT THIS IS NOT A BILL CONTINUOUS POLICY 1904969-22
SEND NO MONEY UNLESS STATEMENT IS ENCLOSED
THE RATING PERIOD BEGINS AND ENDS AT 12101AM PACIFIC STANDARD TIME RATING PERIOD 12-01-22 TO 12-01-23
RANDALL NOMANN'S CONSTRUCTION DEPOSIT PREMIUM $3,480.00
PO BOX 233 MINIMUM PREMIUM $3,480.00
SUNSET BEACH, CALIF 90742 PREMIUM ADJUSTMENT PERIOD ANNUALLY
R SP
NAME OF EMPLOYER— NOMANN, RANDALL
(AN INDIVIDUAL EMPLOYER AND NOT JOINTLY
WITH ANY OTHER EMPLOYER)
CODE NO, PRINCIPAL WORK AND RATES EFFECTIVE FROM 12-01-22 TO 12-01-23
INTERIM
PREMIUM BASE BILLING
BASIS RATE RATE*
5403-1 CARPENTRY<$39HR 0 25.34 27.39
5432-1 CARPENTRY>439HR 0 11.37 12.29
********BUREAU NOTE INFORMATION********
SSN 000000000
TOTAL ESTIMATED ANNUAL PREMIUM $3,480
COSTIS1RD vANDaI I S SUED AT SAN FRANtOVERO LEsECEMBER 2, 2022 POLICY L PAGE 1 OF 3
STATE HOME OFFICE SAN FRANCISCO ANNUAL RATING ENDORSEMENT
G(.N�1 F'FNbAI IUN ..
I
" ' " ° "c e IT IS AGREED THAT THE CLASSIFICATIONS AND RATES PER $100 OF REMUNERATION APPEARING
FUND IN THE CONTINUOUS POLICY ISSUED TO THIS EMPLOYER ARE AMENDED AS SHOWN BELOW.
HERE ARE YOUR NEW RATES FOR THE PERIOD INDICATED. IF YOUR NAME OR ADDRESS SHOULD
BE CORRECTED OR IF INSURANCE IS NOT NEEDED FOR NEXT YEAR, PLEASE TELL US.
IMPORTANT THIS IS NOT A BILL CONTINUOUS POLICY 1904969-22
SEND NO MONEY UNLESS STATEMENT IS ENCLOSED
THE RATING PERIOD BEGINS AND ENDS AT 12:01AM PACIFIC STANDARD TIME RATING PERIOD 12-01-22 TO 12-01-23
* INTERIM BILLING RATES WILL BE USED ON PAYROLL REPORTS. THEY TARE INTO ACCOUNT
RATING PLAN CREDITS (OR DEBITS) WHICH WILL APPLY AT FINAL BILLING AND AN
ESTIMATE OF YOUR PREMIUM DISCOUNT AS DETAILED BELOW.
RATING PLAN CREDITS (DEBITS) EFFECTIVE FROM 12-01-22 TO 12-01-23
RATING PLAN MODIFIER 1.08100
ESTIMATED PREMIIUM DISCOUNT MODIFIER 1.00000
COMPOSITE FACTOR APPLIED TO BASE RATES TO DERIVE
INTERIM BILLING RATES 1.08100
*********************************************************************************
* *
* PREMIUM DISCOUNT SCHEDULE EFFECTIVE FROM 12-01-22 TO 12-01-23
* ESTIMATED MODIFIED PREMIUM IS DISCOUNTED ACCORDING TO THE FOLLOWING SCHEDULE: *
* FIRST ABOVE *
* $5,000 $5,000
* 0.0S 11.3E
*
*********************************************************************************
THE ESTIMATED PREMIUM DISCOUNT IS BASED ON AN ESTIMATE OF YOUR PAYROLL. ACTUAL
PREMIUM DISCOUNT APPLIED AT FINAL BILLING WILL BE BASED ON THE ACTUAL PAYROLL
REPORTED ON YOUR POLICY AND SUBJECT TO AUDIT.
CCN SM D vAND4I ISSUED AT SAN FRANC{o ROPLE D CEMBER 2, 2022 POLICY L PACE 2 OF 3
•
STATE HOME OFFICE SAN FRANCISCO ANNUAL RATING ENDORSEMENT
i.(11,/11- frt.A1 I'.N
IN., 5IJRANCF IT IS AGREED THAT THE CLASSIFICATIONS AND RATES PER $100 OF REMUNERATION APPEARING
FUND IN THE CONTINUOUS POLICY ISSUED TO THIS EMPLOYER ARE AMENDED AS SHOWN BELOW.
CONTINUOUS POLICY 1904969-22
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT YOUR LOCAL STATE FUND OFFICE BELOW:
CSC — POLICY AT MONTEREY PARK
900 CORPORATE CENTER DRIVE
MONTEREY PARK , CA 91754
(877) 405-4545
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions
agreements or limitations of the Policy other than as herein stated.
When countersigned by a duly authorized officer or representative of the State Compensation Insurance
Fund, these declarations
shall be valid and form part of the Policy.
V4 !/GiMI's^ deesw•-...
AUTHORIZED REPRESENTATIVE PRESIDENT AND CEO
COUNTERSIGNED AND ISSUED AT SAN FRANCISCO DECEMBER 2, 2022 POLICY L PAGE 3 OF 3
SCIF FORM 10903A IREV.7-4014i