HomeMy WebLinkAboutC-9577-1 - On-Call M/RSA for Underwater Civic Construction Activitiesroll
r- ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH APEX DIVING AND MARINE SERVICES INC. FOR
UNDERWATER CIVIC CONSTRUCTION ACTIVITIES
V
THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 15th day of April, 2024 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and Apex Diving and Marine Services Inc., a
California corporation ("Contractor"), whose address is 15061 Sherman Way, Unit J, Van
Nuys, California 91405, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform emergency work on a pipe break in
the bay near the Fun Zone (Washington Street) to Balboa Island (Opal Avenue)
suppling water between Balboa Island and the Peninsula, and other additional on -
call maintenance and/or repair services for City as -needed ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on April 30, 2026, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall perform the emergency services, and the on -call services,
described in the Scope of Services attached hereto as Exhibit A and incorporated herein
by reference ("Services" or "Work"). Upon written request from the Project Administrator
as defined herein, Contractor shall provide a letter proposal for Services requested by the
City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include
the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Contractor to strictly adhere to the schedule set forth in Exhibit A or a Letter Proposal, if
any, or perform the Services in a diligent and timely manner may result in termination of
this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section, any Letter Proposal, if
any, and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated
herein by reference. Except as otherwise provided herein, no rate changes shall be made
during the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed One Hundred Twenty Thousand Dollars and
00/100 ($120,000.00), without prior written amendment to the Agreement.
Apex Diving and Marine Services Inc. Page 2
4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be adjusted in proportion to changes in the Consumer Price Index, subject to the
maximum adjustment set forth below. Such adjustment shall be made by multiplying the
Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the
Consumer Price Index for the calendar month three (3) months preceding the calendar
month for which such adjustment is to be made, and the denominator of which is the value
of the Consumer Price Index for the same calendar month immediately prior to Effective
Date. The Consumer Price Index to be used in such calculation is the "Consumer Price
Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles -
Riverside -Orange County Metropolitan Area, published by the United States Department
of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price Index is no
longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. In no event, however, shall the amount payable under this
Agreement be reduced below the Billing Rates in effect immediately preceding such
adjustment. The maximum adjustment increase to the Billing Rates, for any year where
an adjustment is made pursuant to this Section, shall not exceed the Consumer Price
Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment,
whichever is less.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement and any Letter Proposal, if any, or specifically
approved in writing in advance by City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
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5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Peter Deckard to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
Apex Diving and Marine Services Inc. Page 3
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Utilities Department. City's Utilities
Director or designee shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A or a
Letter Proposal, if any, in performing Services under this Agreement. Any deviation from
the materials described in Exhibit A shall not be installed or utilized unless approved in
advance and in writing by the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
Apex Diving and Marine Services Inc. Page 4
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof and all persons
and entities owning or otherwise in legal control of the property upon which Contractor
performs the Project and/or Services shall not be responsible in any manner for any loss
or damage to any of the materials or other things used or employed in performing the
Project or for injury to or death of any person as a result of Contractor's performance of
the Services required hereunder; or for damage to property from any cause arising from
the performance of the Project and/or Services by Contractor, or its subcontractors, or its
workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project and/or
Services, or the Work of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. 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.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
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9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
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15. BONDING
15.1 For the emergency work required by this Agreement, Contractor shall
obtain, provide and maintain at its own expense during the term of this Agreement, both
of the following: (1) a Faithful Performance Bond in the amount of one hundred percent
(100%) of the total amount to be paid Contractor as set forth in this Agreement in the form
attached as Exhibit E and incorporated herein by reference; and (2) a Labor and Materials
Payment Bond in the amount of one hundred percent (100%) of the total amount to be
paid Contractor as set forth in this Agreement and in the form attached as Exhibit D and
incorporated herein by reference.
15.2 Additionally, for any work based on a Letter Proposal accepted by City of
over Twenty Five Thousand Dollars and 00/100 ($25,000.00), Contractor shall obtain,
provide and maintain at its own expense during the term of this Agreement: (1) a Labor
and Materials Payment Bond in the amount of one hundred percent (100%) of the total
amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over
Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto
as Exhibit F which is incorporated herein by this reference; and (2) a Faithful Performance
Bond in the amount of one hundred percent (100%) of the total amount to be paid
Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five
Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit G
which is incorporated herein by this reference.
15.3 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
15.4 Contractor shall deliver, concurrently with City's approval of any Letter
Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
16. PREVAILING WAGES
16.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Contractor and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
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is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
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20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
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25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Utilities Manager
Utilities Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Peter Deckard
Apex Diving and Marine Services Inc.
15061 Sherman Way, Unit J
Van Nuys, CA 91405
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
26.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
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27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
29.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
Apex Diving and Marine Services Inc. Page 11
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Apex Diving and Marine Services Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: )
ron C. Harp tili�la�Aw
CC- i y Attorney
ATTEST:
Date:
By: "A41
Leilani I. Brown
City Clerk
U
CITY OF NEWPORT BEACH,
a California unicipal corporation
Date: 14 I
By:
G a Leung
ty Manager
CONTRACTOR: Apex Diving and
Marine Services Inc., a California
corporation I
Date:
Byr.
Peter Deckard
Chief Executive Officer
Date:
By. �_ r
Phil D'Ami
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A
— Scope of Services
Exhibit B
— Schedule of Billing Rates
Exhibit C
— Insurance Requirements
Exhibit D
— Labor and Materials Payment Bond
Exhibit E —
Faithful Performance Bond
Exhibit F —
On -Call Labor and Materials Payment Bond
Exhibit G
— On -Call Faithful Performance Bond
Apex Diving and Marine Services Inc. Page 13
EXHIBIT
SCOPE OF SERVICES
EMERGENCY WORK
Contractor shall furnish all labor, equipment, materials, and supervision to promptly
repair a break in the 12-inch pipe that crosses from the Fun Zone (Washington Street)
to Balboa Island (Opal Avenue) suppling water between Balboa Island and the
Peninsula. The work will include, but is not limited to, inspecting 900' of waterline and
repairing the waterline as needed. The full scope of the work needed to address this
project is not yet known, and additional tasks may be assigned as the work progresses.
OVERVIEW OF SERVICES REQUESTED ON AN ON -CALL BASIS
The following is a list of the services that may be requested by the City during a
typical contract engagement for as -needed marine utility installation and repair services.
Contractor shall furnish all labor, equipment, materials, and supervision to provide as -
needed marine utility repairs, including but not limited to:
Installing, abandoning, relocating, extending, evaluating damages, testing, restoring
water service, rehabilitation, lining, repair and replacement of water system components
such as:
• Waterlines sizing from 4" to 48" in diameter
• Waterline pipe materials including, Ductile Iron, Cast Iron, Asbestos Cement
(ACP), Polyvinyl Chloride, and Steel piping
• Valves of various types and sizes,
• Services ranging from 1" to 8" in diameter
• Meters, boxes vaults and substructures of various sizes
• Pressure reducing, sustaining, relieving valves of various sizes
• Welding steel pipe and steel components
• Vaults of various sizes
Installing, abandoning, relocating, extending, evaluating damages, testing, restoring
service, rehabilitating, lining, repair and replacement of wastewater/sewer system
components such as:
• Gravity sewer mains pipes including VCP, PVC, AC and lined steel pipe varying
in size from 4" to 18"
• Force mains sizing from 4" to 12" in diameter
• Laterals of 4" to 8" (four to eight inch)
• Vaults/wet wells
• Valves of various sizes
• Manholes
Apex Diving and Marine Services Inc. Page A-2
Installing, abandoning, relocating, extending, evaluating damages, testing, rehabilitation,
lining, repair and replacement of storm drain and tide valve components such as:
• Storm drain piping, including concrete, PVC, AC pipes
• Junction Structures
• Catch basins
• Tide valves and structures
• Manholes
MISCELLANEOUS:
• Excavations and trenching of various depths and sizes
• Dewatering
• Grading
• Disposal of excess materials and spoils
• Hauling of material (for backfilling and grading)
• Backfill and compaction.
• Roadway, alleyway, and sidewalk repairs (asphalt and concrete)
• Welding on pipe or structures
CONTRACTOR REQUIREMENTS
Contractor shall be required to:
Ensure that all work performed under this contract shall be performed in such a manner
as to provide maximum safety to the public and their staff. Where applicable, contractor
must comply with all safety standards required by all regulatory agencies including but
not limited to; California Division of Occupational Safety and Health (CAL -OSHA), South
Coast Air Quality Management District (SCAQMD), Regional Water Quality Control
Board and the Orange County Environmental Health Care Agency (OCEHD). This also
includes local regulatory compliance set forth by the City of Newport Beach. The City
reserves the right to issue restraint, or cease and desist orders to the Contractor when
unsafe or harmful acts are observed or reported relative to the performance under this
contract.
Maintain all work sites free of hazards to persons and/or property resulting from
his/her operations. Any hazardous condition noted by the Contractor, which is not a result
of his/her operations, shall be immediately reported to the City.
Upon acceptance work, restore the project area affected by the operations to a condition
at least equal to that existing prior to the work, including the removal of all debris.
Provide callback within six hours after initial request from the City for underground utility
services.
Apex Diving and Marine Services Inc. Page A-3
DIVING AND
MARINE SERVICES
CAPABILITY STATEMENT
TECHNOLOGICALLY DRIVEN PERFORMANCE
ApexDiving.com
Sales@ApexDiving.com
Info@ApexDiving.com
Corporate 1 + 818-787-1794
US Operations 1 + 562-607-5486
Int. Operations +971-56-131-3481
US Corporate Office
15061 Sherman Way, Suite J, Van Nuys, CA 91405
Int. Office
Burlington Towers, Office #612, Business Bay, Dubai, UAE
API
DIVING AND MARINE SERVICES
Marine Services
Marine Consulting and Engineering Support
Inspection Services
Underwater Civils and Construction Services
Apex Diving and Marine Services is a full service commercial diving and marine
construction contractor.
When our clients turn to us for diving consultation our aim is to add a level of
accountability that delivers the most cost-effective project with the highest quality,
safety, and reliability.
Our marine consulting and engineering support services are a valuable aid to any
underwater construction, inspection, or repair project. Apex has the experience,
dedication and capabilities to undertake underwater civils construction operations,
including government, military and private sector needs. With expertise in
both inland and offshore diving operations, Apex has the capabilities that are
unparalleled in the industry.
Our inspection services offer a Root Cause Analysis that utilizes the most modern
technologies in the industry to efficiently identify and resolve the most challenging
issues facing our clients.
With over 40 years of combined experience solving problems with a hands on
approach, our dedicated, agile and technical team has implemented a unique
methodology that eliminates the very costly disconnect between operations
and the engineering department. This cutting edge practice has birthed custom
procedures and products that are replacing obsolete solutions.
From design to fabrication, Apex streamlines every project, saving money, time
and materials. We deliver the end product with the highest quality, on time, every
time.
OUR VISION
Our vision is to become the world's leading Underwater and Marine Services
Contractor. Our aim is to provide safe, innovative, efficient approaches, delivering
successful underwater projects and services on a global scale.
OUR MISSION
To execute strong company values through consistent procedures that will safely
deliver any project, anytime, in any environment, on budget and on time. It is our
intention that every project will be mutually beneficial to our clients, our employees
and the communities in which we serve.
OUR VALUES
To operate with an uncompromising commitment to health, quality and safety,
implementing conscience environmental standards.
1. An open relationship with our employees based on mutual trust, commitment,
and a dedication to successful practices.
2. An open door policy for our clients, to ensure our records, procedures, policies
and practices are consistent.
3. To conduct business with transparency, accountability and discipline.
Ar-
_.
DIVING AND MARINE SERVICES
OUR MANAGING PARTNERS
ASA GAMBLE
MANAGING DIRECTOR
As a Co-founder and Managing Partner, Asa brings over
15 years of experience to Apex. He began his commercial
diving career working in the off shore oil and gas fields
in the Gulf of Mexico. His career quickly excelled
from an entry level Tender/Diver to a Mixed Gas Diving
Supervisor. Working around the globe on several high
profile off shore and civils/inland commercial diving and
marine construction operations, he advanced his career
to carry the responsibility of Project Manager, Operational Supervision, Business
Development and Diving Construction Consultant, Business Development
Manager, Project Director, General Manager and Managing Director.
At present Asa is the active CEO and Managing Partner of ONYX Diving and Marine
Services. They are a strategic alliance affiliate based in the UAE and Oman. There
he leads the management team directly responsible for all of the ONYX Middle East
diving and construction operations.
His global perspective provides unique out -of -the -box thinking that has inspired
the Apex team to develop new strategies solving critical needs facing Southern
California.
Asa holds up-to-date certifications as a Mixed Gas Diving Supervisor, DCBC
Diver, PMP, ACDE, HAZ-MAT, JSA, NDT, NAUI, off shore Survival, Welding,
Chamber Operations, First Aid/CPR, HSE Management, and Rigging.
Contact Information ( AsaGamble@ApexDiving.com
A
DIVING AND MARINE SERVICES
PETER DECKARD
DIRECTOR OF OPERATIONS
As a Co-founder and Managing Partner, Peter brings 13
years of experience in the offshore oil and gas fields of the
Gulf of Mexico. He has also collaborated on many inland
diving projects nationwide. He quickly advanced from
entry level positions to accepting more managerial and
supervisory responsibilities. This included the California
aqueduct repairs and most recently a three-year, 250
million -dollar diving project at the Crystal Springs/San
Andreas reservoir. There his team installed a cutting edge, earthquake -ready,
transmission upgrade. Through these insights a need for Apex Diving and Marine
Services emerged.
Peter's leadership has inspired the Apex Management team in the development
of cutting edge strategies. They provide solutions for the most critical water
transmission concerns. They advance cutting edge leak techniques which
improve the quality and longevity of our client's marine infrastructure.
Peter holds up-to-date certifications as a Mixed Gas Diving Supervisor, Class A
Engineering License, ACDE, CPR/First Aid, Welding, NDT, Chamber Operations,
CRCA, LIRCA,
Contact Information I PeterDeckard@ApexDiving.com
A
mr`
DIVING AND MARINE SERVICES
PHILIP J. D'AMICO
DIRECTOR OF BUSINESS DEVELOPMENT
As a Co-founder and Managing Partner, Phil brings over 30
years of successful business leadership and experience to
the management team.
Throughout his career he has held many positions
of leadership such as Regional Sales and Marketing
Director, V.P. of Marketing and Sales, General Manager,
and CEO/Founder of several private companies.
He was Founder/Director of a private foster care organization and of a
private college. He presently serves as an advisor and board director for
several organizations. Phil has also conducted leadership training seminars
domestically and internationally.
As an independent business consultant he has contributed to the inception and
success of many entrepreneurial endeavors, both domestically and abroad. As
one of the founders and managing partners of a national construction company
he developed a turnkey concept that revolutionized its construction sector.
His innovative business ideas and practical management know-how impacts and
influences the vision of Apex Diving and Marine Services to exceed our client's
expectations.
Contact Information I PhilDAmico@ApexDiving.com
A -
-; �
DIVING AND MARINE SERVICES
OUR SERVICE COMMITMENT
Apex Diving and Marine Services is a full service Commercial Diving and Marine
Construction Contractor. We are committed to exceeding our customer's
expectations and providing the safest, most reliable, dedicated, technical
personnel and services in the industry.
OUR CAPACITIES
SURFACE SUPPLIED AIR DIVING
We are capable of diving up to depths of 50 meters. All of our air diving equipment
is maintained and serviced continuously and we maintain IMCA standards at all
times.
SURFACE SUPPLIED MIXED GAS DIVING
Under special request and specific circumstances, we are capable of diving to
depths of 100 meters. All of our mixed gas diving equipment is state of the art and
is maintained to IMCA standards.
A F-",
DIVING AND MARINE SERVICES
At Apex Diving and Marine Services we offer an innovative approach to meeting
the needs of our clients. Our marine consulting and engineering support services
are a valuable aid to any underwater construction, inspection, or repair project.
When our clients turn to us for diving consultation we are able to add a level of
accountability that offers the highest quality, efficiency, safety, and reliability. The
aim is to save time and provide the most cost-effective project.
Our global consulting services consist of:
• Project management
• Inspections and project oversights
• Research and development designs
• Cost analysis
• Cost effectiveness
• Quality assurance
• Quality control
• HSE project oversights
• Documentation control and design
INSPECTION SERVICE
AND ROOT CAUSE ANALYSIS
Our inspection services offer a Root Cause Analysis that utilizes the most modern
technologies in the industry. A combined 40 years of hands-on problem solving
equips our agile team to design innovative techniques and custom products that
are replacing obsolete solutions. We provide the oil and gas industry and other
clients with a wide range of underwater inspection and non-destructive testing
services, including drilling rig, ship surveys, and offshore platform inspections.
• Alternating current field measurement (ACFM)
• Magnetic particle inspection (MPI)
• Non-destructive testing (NDT)
• Underwater CCTV video inspections
• Level II, III and IV platform inspections
• Non-destructive testing
• Underwater photography
DIVING AND MARINE SERVICES
• Inspection reports
• Site surveys
• Side scan sonar
• Multi -bean inspections
• Rig move surveys
• Sea bed surveys
• Vessel support
UNDERWATER CIVILS
AND CONSTRUCTION
Apex Diving and Marine Services has the experience, dedication and
capabilities to undertake underwater civils and construction operations in
their entirety and to deliver the end project on budget, on time, every time.
• Ports and marina installations and repairs
• Anode installations and cathodic protection
• Telecommunication and power cable support
• Piling installations, repairs and inspections
• Maintenance of ports, marinas, harbors and waterfront facilities
• Hydroelectric facility
• Nuclear facility
• Quay wall installations/repairs
• Diamond wire sawing
• Geo mat installations
• Fender installations and repairs
• Underwater welding/cutting
• Salvage
• Scour remediation
• Mat installations
• Pipeline burial/location
• Demolition
• Canal lining repair
• Aqueduct leak investigation and repair
• Aqueducts R&D
• Concrete core drilling and testing
• Dams and reservoirs
A�
DIVING AND MARINE SERVICES
MARINE SERVICES
Our marine construction division primarily serves customers in the civil
construction and engineering markets, including government, military and private
sector needs. In addition to underwater construction, we work on other highly
technical projects and tasks requiring customized underwater solutions. Our
marine construction experience, with our expertise in both inland and offshore
diving operations, gives us capabilities that are unparalleled in the industry.
• Riser/pipeline removal and recovery
• Fender/pile installations/maintenance
• Bathymetric surveys
• Downed platform recovery
• Pipeline abandonment
• Site clearances
• Bridges
PIER, WHARF, DOCK
AND HARBOR SERVICES
• Corrosion control and protection plan
• Pile wrap protection installation
• Non-destructive testing
• Multi -beam side scan sonar inspections and reports
• Pile jacketing
• Pile cleaning
OFFSHORE SERVICES
• Well intervention, abandonment and decommissioning
• IRM
• SURF
• Pipeline installations
• Scour remediation
• Pipeline burial
• Hot -tapping
• ROV support
• Clamp installation
• Flange installations
• Tie-ins
DIVING AND MARINE SERVICES
CURRENT SET ASIDES
• Department of Government Services Micro Small Business Entity VSBE/MSBE
• Small Business Administration SBE
• Los Angeles County LSBE
• Los Angeles City LSBE
REQUEST FOR PROPOSAL
To solicit a request for proposal please contact our bidding department and
upload a request by email:
Apex Diving & Marine Services
Attention: RFP Department
sales@ApexDiving.com
CONTACT INFORMATION
ApexDiving.com
Sales@ApexDiving.com
Info@ApexDiving.com
Corporate 1+ 818-787-1794
US Operations 1 + 562-607-5486
Int. Operations +971-56-131-3481
US Corporate Office
15061 Sherman Way, Suite J, Van Nuys, CA 91405
Int. Office
Burlington Towers, Office #612, Business Bay, Dubai, UAE
DIVING AND MARINE SERVICES
EXHIBIT B
SCHEDULE OF BILLING RATES
Apex Diving and Marine Services Inc.
4-Man. Commercial Dive Team Hourlv Rate (No Overtime
1) Supervisor = $209.00 per hour
2) Diver = $195.00 per hour
3) Standby Diver = $165.00 per hour
4) Tender = $145.00 per hour
Dive Vessel with Diving Equipment = $2,500 per day (Not including specialized tools).
City shall pay actual and reasonable costs for materials.
Other than materials reimbursement, the above pricing is all inclusive, and Contractor
shall not bill the City for other expenses including, but not limited to, mileage, travel,
meals, fuel, equipment, and rental fees. Any additional expenses such as specialized
tools or special equipment shall be pre -approved by City in writing.
Apex Diving and Marine Services, Inc. Page B-1
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
1. Provision of Insurance. Without limiting Contractor's indemnification of City,
and prior to commencement of Work, Contractor shall obtain, provide and
maintain at its own expense during the term of this Contract, policies of
insurance of the type and amounts described below and in a form satisfactory
to City. Contractor agrees to provide insurance in accordance with
requirements set forth here. If Contractor uses existing coverage to comply and
that coverage does not meet these requirements, Contractor agrees to amend,
supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for
bodily injury by disease in accordance with the laws of the State of
California. In addition, Contractor shall require each subcontractor to
similarly maintain Workers' Compensation Insurance and Employer's
Liability Insurance in accordance with California law for all of the
subcontractor's employees. The insurer issuing the Workers'
Compensation insurance shall amend its policy by endorsement to
waive all rights of subrogation against City, its City Council, boards and
commissions, officers, agents, volunteers and employees. Contractor
shall submit to City, along with the certificate of insurance, a Waiver of
Subrogation endorsement in favor of City, its City Council, boards and
commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Contractor shall maintain commercial
general liability insurance, and if necessary excess/umbrella liability
insurance, with coverage at least as broad as provided by Insurance
Services Office form CG 00 01, in an amount not less than five million
dollars ($5,000,000) per occurrence, ten million dollars ($10,000,000)
general aggregate. The policy shall cover liability arising from premises,
operations, products -completed operations, personal and advertising
injury, and liability assumed under an insured contract (including the tort
Apex Diving and Marine Services Inc. Page C-1
liability of another assumed in a business contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
D. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract,
then said policies shall be "following form" of the underlying policy
coverage, terms, conditions, and provisions and shall meet all of the
insurance requirements stated in this contract, including, but not limited
to, the additional insured and primary & non-contributory insurance
requirements stated herein. No insurance policies maintained by the
City, whether primary or excess, and which also apply to a loss covered
hereunder, shall be called upon to contribute to a loss until the
Contractor's primary and excess/umbrella liability policies are
exhausted.
E. Pollution Liability Insurance. Contractor shall maintain a policy providing
contractor's pollution liability ("CPL") coverage with a total limit of liability
in an amount not less than five million dollars ($5,000,000) per
occurrence, ten million dollars ($10,000,000) general aggregate per
policy period. Claims -made policies require a 10-year extended
reporting period. The CPL policy shall include coverage for cleanup
costs, third -party bodily injury and property damage, including loss of
use of damaged property or of property that has not been physically
injured or destroyed, resulting from pollution conditions caused by
contracting operations. Coverage as required in this paragraph shall
apply to sudden and non -sudden pollution conditions resulting from the
escape or release of smoke, vapors, fumes, acids, alkalis, toxic
chemicals, liquids, or gases, waste materials, or other irritants,
contaminants, or pollutants. The CPL shall also provide coverage for
transportation and off -Site disposal of materials. The policy shall not
contain any provision or exclusion (including any so-called "insured
versus insured" exclusion or "cross -liability" exclusion) the effect of
which would be to prevent, bar, or otherwise preclude any insured or
additional insured under the policy from making a claim which would
otherwise be covered by such policy on the grounds that the claim is
brought by an insured or additional insured against an insured or
additional insured under the policy.
4. Other Insurance Requirements. The policies are to contain, or be endorsed
to contain, the following provisions:
Apex Diving and Marine Services Inc. Page C-2
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents,
volunteers and employees, or shall specifically allow Contractor or others
providing insurance evidence in compliance with these requirements to
waive their right of recovery prior to a loss. Contractor hereby waives its
own right of recovery against City, and shall require similar written
express waivers and insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess/umbrella liability, pollution
liability, and automobile liability, if required, shall provide or be endorsed
to provide that City, its City Council, boards and commissions, officers,
agents, volunteers and employees shall be included as additional
insureds under such policies.
C. Primary and Non -Contributory. Contractor's insurance coverage shall
be primary insurance and/or the primary source of recovery with respect
to City, its City Council, boards and commissions, officers, agents,
volunteers and employees. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or nonrenewal of coverage (except
for nonpayment for which ten (10) calendar days' notice is required) for
each required coverage except Builders Risk Insurance, which shall
contain an endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to
the following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along
with a waiver of subrogation endorsement for workers' compensation
and other endorsements as specified herein for each coverage. All of
the executed documents referenced in this Contract must be returned
to City within ten (10) regular City business days after the date on the
"Notification of Award". Insurance certificates and endorsements must
be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with
City at all times during the term of this Contract. The certificates and
endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf. At least fifteen
(15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
Apex Diving and Marine Services Inc. Page C-3
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written
notice of such cancellation or reduction of coverage, file with the City
evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. City reserves the right to require complete, certified copies
of all required insurance policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any
time during the term of the Contract to change the amounts and types
of insurance required by giving Contractor sixty (60) calendar days'
advance written notice of such change. If such change results in
substantial additional cost to Contractor, City and Contractor may
renegotiate Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements
stated herein, and Contractor shall ensure that City is an additional
insured on insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Exhibit C are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits
maintained by the Contractor. Any available proceeds in excess of
specified minimum limits of insurance and coverage shall be available
to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared
to and approved by City. City reserves the right to require that self -
insured retentions be eliminated, lowered, or replaced by a deductible.
Apex Diving and Marine Services Inc. Page C-4
Self-insurance will not be considered to comply with these requirements
unless approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor
fails to provide and maintain insurance as required herein, then City
shall have the right but not the obligation, to purchase such insurance, to
terminate this Contract, or to suspend Contractor's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City
shall, at City's sole option, be deducted from amounts payable to
Contractor or reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City
assumes no obligation or liability by such notice, but has the right (but
not the duty) to monitor the handling of any such claim or claims if they
are likely to involve City.
Contractor's Insurance. Contractor shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its
own judgement may be necessary for its proper protection and
prosecution of the Work.
Apex Diving and Marine Services Inc. Page C-5
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Apex
Diving and Marine Services Inc. hereinafter designated as the "Principal," an agreement
for emergency work on a pipe break in the bay near the Fun Zone (Washington Street) to
Balboa Island (Opal Avenue) suppling water between Balboa Island and the Peninsula,
and other additional on -call maintenance and/or repair services for City as -needed, in the
City of Newport Beach, in strict conformity with the Agreement on file with the office of the
City Clerk of the City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of One Hundred and Twenty Thousand Dollars ($120,000.00), lawful money
of the United States of America, said sum being equal to 100% of the amount estimated
payable by the City of Newport Beach under the terms of the Agreement, for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
Apex Diving and Marine Services Inc. Page D-1
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Apex Diving and Marine Services Inc. Page D-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me, ,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Apex Diving and Marine Services Inc. Page D-3
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Apex
Diving and Marine Services Inc., hereinafter designated as the "Principal," an agreement
for emergency work on a pipe break in the bay near the Fun Zone (Washington Street) to
Balboa Island (Opal Avenue) suppling water between Balboa Island and the Peninsula,
and other additional on -call maintenance and/or repair services for City as -needed in the
City of Newport Beach, in strict conformity with the Agreement on file with the office of the
City Clerk of the City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One
Hundred Twenty Thousand Dollars ($120,000.00) lawful money of the United States of
America, said sum being equal to 100% of the estimated payable by the City of Newport
Beach under the terms of the Agreement, to be paid to the City of Newport Beach, its
successors, and assigns; for which payment well and truly to be made, we bind ourselves,
our heirs, executors and administrators, successors, or assigns, jointly and severally,
firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Apex Diving and Marine Services Inc. Page E-1
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Apex Diving and Marine Services Inc. Page E-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } SS.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
(seal)
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Apex Diving and Marine Services Inc. Page E-3
EXHIBIT F
CITY OF NEWPORT BEACH
BOND NO.
ON -CALL LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Apex
Diving and Marine Services Inc., hereinafter designated as the "Principal," an agreement
for emergency work on a pipe break in the bay near the Fun Zone (Washington Street) to
Balboa Island (Opal Avenue) suppling water between Balboa Island and the Peninsula,
and other additional on -call maintenance and/or repair services for City as -needed, in the
City of Newport Beach, in strict conformity with the Agreement on file with the office of the
City Clerk of the City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Dollars ( ),
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Agreement; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
Apex Diving and Marine Services Inc. Page F-1
required by and in accordance with the provisions of Sections 9500 et seq, of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Apex Diving and Marine Services Inc. Page F-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
Apex Diving and Marine Services Inc. Page F-3
EXHIBIT G
CITY OF NEWPORT BEACH
BOND NO.
ON -CALL FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to Apex
Diving and Marine Services Inc., hereinafter designated as the "Principal," an agreement
for emergency work on a pipe break in the bay near the Fun Zone (Washington Street) to
Balboa Island (Opal Avenue) suppling water between Balboa Island and the Peninsula,
and other additional on -call maintenance and/or repair services for City as -needed, in the
City of Newport Beach, in strict conformity with the Agreement on file with the office of the
City Clerk of the City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
( ) lawful
money of the United States of America, said sum being equal to 100% of the amount of
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Apex Diving and Marine Services Inc. Page G-1
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Apex Diving and Marine Services Inc. Page G-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
(seal)
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Apex Diving and Marine Services Inc. Page G-3
Welcome jrosenbaum q 252 D 75 ® U
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Insured Name
Apex Diving and Marine Servic
Apex Diving and Marine Services, Inc
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Name:
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Status:
Insured
U View ssi Insured
Apex Diving and Marine Services, Inc
•
n
FV00001177
15061 Sherman Way, Unit J, Van
Nuys, CA, 91405
Compliant with Waived Deficiencies.
Business Units) Print Insured Info
Account Information
Account Number: FV00001177
Risk Type: Maintenance/Ri
Services Agrees
Do Not Call:
Address Information
Mailing Address
Insured: Apex Diving an
Marine Service;
Inc
Address 1: 15061 Shermai
Way, Unit J
Address 2:
City: Van Nuys
e+_+_ • f n
up: yH 4u5
Country:
Contract Information
Contract Number:
Apex Diving and
Marine Services,
Inc
Contract Start Date:
04/15/2024
Contract End Date:
Contract Effective Date:
Contract Expiration Date:
Description of Services:
Underwater Civic
Safety Form II:
Construction
Activities
Contact Information
Contact Name:
Rose Ramirez ;
Misc:
Peter Deckard
Phone Number: 9495909966 Alt Phone Number:
Fax Number:
E-Mail Address: rose@apexDiving.com; Peterdeckard@apexdiving.c
Approval Date:
Rush: No
Contract on File: No
Certificate Received: No
Indemnification Agreement: No
Tax Id:
This Account created by 936 on 04/17/2024