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MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH SOUTH COAST SHIPYARD, INC. FOR
REFURBISHMENT OF LIFEGUARD RESCUE VESSEL AND PURCHASE AND
INSTALLATION OF NEW POWERTRAINS
THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made
and entered into as of this 30th day of September, 2025 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and SOUTH COAST SHIPYARD, INC., a California corporation
("Contractor"), whose address is 223 21 st Street, Newport Beach, CA 92663, 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 maintenance and/or repair services
for City ("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 December 31, 2026, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). As a material inducement to City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and Contractor is
experienced in performing the Work contemplated herein and, in light of such status and
experience, Contractor covenants that it shall follow community professional standards
with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances, in performing
the Work required hereunder, and that all materials will be of good quality.
2.2 Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
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. 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, 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 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 Six Hundred Ninety Two Thousand Six Hundred Twenty Dollars and
00/100 ($692,620.00), without prior written amendment to the Agreement.
4.2 The total sum shall be comprised of the base bid amount of Four Hundred
Sixty Six Thousand Twenty Dollars and 00/100 ($466,020.00) ("Base Bid"), two
optional items totaling Ninety Thousand Dollars and 00/100 ($90,000) each, and a
contingency amount of Forty Six Thousand Six Hundred Dollars and 00/100
($46,600.00).
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
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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, 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.
5. PROJECT MANAGER
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 John Lauritzen 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
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 Fire Department. City's Assistant
Chief, Lifeguard Operations 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 in performing Services under this Agreement. Any deviation from the materials
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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.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof 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 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, 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, and employees (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,
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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.
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.
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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.
15. BONDING
15.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement a Faithful Performance Bond in the amount of one hundred
percent (100%) of the Base Bid amount to be paid Contractor as set forth in this
Agreement in the form attached hereto as Exhibit D which is incorporated herein by this
reference.
15.2 The 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.
15.3 Contractor shall deliver, concurrently with execution of this Agreement, the
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. 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
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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.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. 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.
18. 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.
19. CHANGE ORDERS
19.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
19.2 Any deviation from the materials as provided in Section 8 above shall be
subject to a change order as prescribed in this Section.
19.3 The Contractor shall only commence work covered by a change order after
the change order is executed and notification to proceed has been provided by the City.
19.4 There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
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.
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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.
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
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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: Fire Administrative Manager
Fire 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: John Lauritzen, Vice President
South Coast Shipyard, Inc.
223 21 st Street
Newport Beach, CA 92663
26. CLAIMS
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.).
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
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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. INSPECTION
City reserves and shall at any and all reasonable times, upon twenty-four (24)
hours' notice to Contractor, have the right to enter the property located at 223 21 st Street,
Newport Beach, CA 92663 ("Premises") to inspect same, to determine whether
Contractor is complying with this Agreement, and fulfilling its obligations to City
hereunder. Contractor waives any claim for damages for injury, inconvenience, or
interference, or any loss of occupancy or quiet enjoyment, caused by such entry, except
to the extent caused by the sole negligence, recklessness or willful misconduct of City or
any person or entity entering upon the Premises under City's direction or control.
30. STANDARD PROVISIONS
30.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
30.2 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
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.
30.3 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
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of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
30.4 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.
30.5 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.
30.6 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.
30.7 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.
30.8 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.
30.9 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.
30.10 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.
30.11 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.
30.12 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]
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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: 1115o 6
CITY OF NEWPORT BEACH,
a California mur}icipal corporation
Date: to/2->/ -zo �
By: By:
A on C. Harp b tih G ac . Leung
City Attorney a °�� anager
ATTEST:
Date:
By:
Lena Shumway
City Clerk
Attachments: Exhibit A
Exhibit B
Exhibit C
Exhibit D
CONTRACTOR: South Coast Shipyard,
Inc., a California corporation
Date:
By: Signed in Counterpart
Peter Stewart
Chief Executive Officer, President
Date:
Signed in Counterpart
By:
Michelle Stewart
Secretary
[END OF SIGNATURES]
Scope of Services
Schedule of Billing Rates
Insurance Requirements
Faithful Performance Bond
South Coast Shipyard, 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: .I f S
By: -�
A on C. Harp
Ci y Attorney AF
ATTEST:
Date:
Molly Perry
Interim City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONTRACTOR: South Coast Shipyard,
Inc., a California corporation
Date:
Bv:
Peter Stewart
Chief Executive Officer, President
Date: / 0 1 D �
1a� 4 aGt P,e�
seem"
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D — Faithful Performance Bond
South Coast Shipyard, Inc. Page 12
EXHIBIT A
SCOPE OF SERVICES
South Coast Shipyard, Inc. Page A-1
EXHIBITA
SCOPE OF SERVICES
NOTE: IT SHALL BE ASSUMED THAT THE GRADE OF ALL MATERIALS TO BE PROVIDED SHOULD BE MILITARY/MARINE
GRADE WHERE APPLICABLE.
SPECIFICATIONS
ONE (1) COMPLETE REFURBISHMENT OF EXISTING 1985
NOREK T58 (CRYSTALINER) 29.5' FIBERGLASS RESCUE
VESSEL, ALSO KNOWN AS (AKA) SEA WATCH III
SECTION 1
1.
Hardware
1.1
Replace All Through Hulls And Bonding System
1.2
All Hardware To Be 316 Grade Stainless Steel
1.3
Replace Bimini And S/S Piping
1.3.1
Navy Blue Sunbrella Canvas
1.3.2
Stainless Steel Structure. Weld To Current Radar Arch
1.4
Arch Refit With Proper Lighting And Update Antenna
Equipment
1.4.1
2 Led Deck Lights
1.4.2
2 Led Side Lights And Welded Brackets
1.4.3
4 New Antenna (Shakespeare Models Required By Each
Device)
1.4.4
Whelen LED Blue Strobe
1.5
New Cushions V Berth And Two Crew Seats And Upholstery
1.5.1
Sunbrella Grey And New Foam V Berth Cushions (2)
1.6
Ring Buoy Racks
1.6.1
S/S West Marine Clips
1.7
Rub Rail
1.7.1
Black Uv Resistant And S/S
1.8
Removable seating -chairs -replace with similar style to SW1&2
1.8.1
Operator and deckhand, stainless steel frame and fiberglass
base and back with new sunbrella grey cushions. (Ref. to other
NBFD vessels)
1.9
Fresh water plastic tanks
1.9.1
Fresh water pump w/ %" hoses
1.9.2
water heater included in the system
1.10
Anchor fittings and cleats
1.10.1
Stainless Steel
1.11
Sea Strainers
1.11.1
X2 Racor
1.12
Replace all fuel hoses, water and stainless steel hose clamps
1.12.1
USCG approved per engine and equipment specifications
1.13
Batteries x4
1.13.1
Optima Yellow Top (Group 31)
1.14
Magnetic Compass -Ritchie
1.14.1
6" with LED
1.15
Replace all Decals
1.15.1
LIFEGUARD, RESCUE, SEAWATCH III, CF, NBFD (Color: Navy)
SECTION 2
2.
Mechanical
2.1
Engine Driven Pump with stainless steel mounting bracket
2.1.1
Y-Valve Selector, Bilge And Inlet Attachment
2.2
Replace Rudders And Prop Shaft Seals And Associated Parts
2.2.1
Bronze Or Comparable To Current Material (after
scan/inspection of existing)
2.3
Rudder Posts And Shaftways
2.3.1
Rebuild Structure/Glass And Secure With Stainless
2.4
Replace Fuel Tank
2.4.1
Aluminum, High -Quality, 120 Gallon (matched like for like
capacity)
2.4.1.1
Fuel Gauge
2.4.1.2
Sending Unit
2.5
Steering System
2.5.1
Wheel — 20" spoked or approved equal
2.5.2
Hydraulic Hoses, Seastar Pump And Ramps
2.6
Replace Exhaust System (beyond manifolds or not otherwise
included with engine package)
2.6.1
USCG Approved 4" or factory recommendation
2.6.2
2 new baffles
2.6.3
Elbows and Y's
2.7
Fuel/Water Separators
2.7.1
Brand: Sierra, with shut off valves, bronze
2.8
Fire Boy Fire System
2.8.1
Dual Tank System with Pull Switch and Indicator Light
2.9
NEW ENGINES (2)
2.9.1
ILMOR 6.2L GDI (430 HP) GOV. INBOARD ENGINE PACKAGE
OR CITY APPROVED EQUAL) x 2 — which should consist of.
2.9.1.1
Fresh water closed cooling
- mechanical throttle and shift provision
- zf-68a transmission, 1.5:1 ratio
- california 5-star emissions compliant
-factory warranty
- shipping skid
Notes:
Ilmor custom government engine package includes:
- closed cooled exhaust manifolds.
-crank mounted mk ii stainless steel raw water pump w/easy
Remove impeller
- easy access service points
- 4" exhaust outlets
- top mount rear engine marine grade starter for east access
- self -recirculating on engine fuel pump module for long
Service life
- mechanical throttle adapter and harness
- j1939 instrumentation data and engine harness
- twin engine sync. Harness
-170a high output marine grade alternator
- super ultra low emissions (which meets EPA/CARE regulations)
2.10
New Gauges (if not included with engine package)
2.10.1
Velatron marine.VMH 70 marine display
2.11
Morse Twin Controls
2.11.1
Cables and Connectors/Adapters
2.12
Marine digital media receiver with AM/FM radio and
Bluetooth
2.13
VHF Radio — ICOM IC-M510
SECTION 3
3
Electrical
3.1
Rewire the entire vessel —AC and DC Systems:
Must use Marine Grade Copper Tinned Wire. Additionally, use
heat shrink/soldered connections, 16ga min, all new.
3.1.1
Circuit Breakers, Breaker Panel
3.1.1.1
Blue Seas Panel
3.1.1.2
Battery Voltmeter
3.1.2
Move Electronics into the companionway to accommodate
new storage areas
3.2
Replace all Switches, Exterior Switch Panel
3.2.1
Blue Sea, Rocker Switches with Fuses
3.3
Shore Power inlet
3.4
2 Waterproof 12v DC Receptacles (USB A&C 4.0)
3.5
Inverter/Battery Charger, 3000 watt
3.6
Outlet —110v
3.7
New Simrad — GPS, Depth, Radar
3.7.1
Dual Screen Option
3.8
Bonding wiring/DC Current Protection
3.8.1
8 Gauge with zinc plates
3.8.1.1
Shaft, engine and rudder groundings
3.9
Ignition Systems — switch to new with engines
3.10
Bilge Pumps, Float switches x3
3.10.1
Rule 1500s Integrated
3.11
1 Anchor Light, 2 Nav Lights — mounted to Arch - LED
3.12
Replace Deck Lights and Underwater Lights — LED
SECTION 4
4.
Construction
4.1
Construct New Fiberglass Structure at Helm, Center
Companionway, and Port Side Cabinet Fabrication
4.1.1
Add Companionway Steps
4.1.2
Hatch to Ingress/Egress
4.2
Replace Underwater Swim Step/Platform
4.3
Rebuild the Middle 3 Deck Hatches to Current Newer
Specifications
4.4
Air Vents, Port and Starboard, Below Combing,
Replace/Rebuild Boxes
4.5
Move the Samson Post/Tow Bit Forward
4.6
Re -glass and Refurbish Rear Decks
4.6.1
Raise to Allow modern Rudder Posts, Tie Bars, Bearings, if
Needed
4.6.2
New Wood/Fiberglass and Steel Structure to Accommodate
4.6.3
Build 3 New Hatches, Side Storage Areas, Two on Each Side
4.7
V Berth
4.7.1
Remove Cabinets and Reconfigure New; Set Up Vertical Space
Port Side and Starboard
4.7.1.1
Hanging Locker
4.7.1.2
Three or Four Shelving Systems for Safety Equipment
4.8
Replace New Foredeck Hatch
4.8.1
Glass and Privacy Window
4.9
Paint (City to provide applicable Awlgrip paint codes prior to
work)
4.9.1
Repaint V Berth Interior— Blue
4.9.2
Repaint all Non -Skid Surfaces — Grey
4.9.3
Cockpit Interior and Helm — Blue
4.9.4
Repaint the Entire Hull of Boat and Combing
4.9.4.1
"Fighting Lady Yellow"
4.10
Bottom/Under Vessel
4.10.1
Strip Bottom Paint
4.10.2
Prime
4.10.3
Repaint Red
BONDS, REGISTRATION & DELIVERY
Contractor shall complete all DMV registration and title
documents as required by the State of California Department
of Motor Vehicles (CA DMV) . CF Number shall be registered
to the following address:
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA
92660
*Please note that the registration address is different from
the delivery address*
**********************
City of Newport Beach - Equipment Maintenance
Division Public Works Department
592 Superior Ave, Building D
Newport Beach, CA 92663
PICKUP AND DELIVERY TO AND FROM 1901 Bayside Drive
(where LG vessels are normally stationed)
PERFORMANCE BOND
Performance Bond for 100% of the awarded amount
WARRANTY & MANUALS
Contractor shall: (1)Provide 1 year warranty for
fabrication/work;
(2) 36-month/1000hr Manufacturer's Powertrain Warranty
(this shall apply to the main refurbishment project as well as
any awarded optional/additive bid items); and
(3) 1 Service/Technical Manual at time of delivery
OPTIONAL/ADDITIVE BID ITEMS AS AWARDED
1.
PURCHASEAND INSTALLATION OF TWO (2) ILMOR 6.2L GDI (430 HP)
GOV. INBOARD ENGINE PACKAGES (OR CITYAPPROVED EQUAL) FOR
SEA WATCH 1(2003 Crystaliner)
2.
PURCHASEAND INSTALLATION OF TWO (2) ILMOR 6.2L GDI (430 HP)
GOV. INBOARD ENGINE PACKAGES (OR CITYAPPROVED EQUAL) FOR
SEA WATCH // (2006 Crystaliner)
OTHER TERMS & CONDITIONS
BRAND NAMES/DEVIATIONS/LATEST MODEL
Contractor shall state brand name and/or manufacturer of each item proposed in this
Agreement. Guarantee and or warranty shall be stated. Within 14 days (2 Weeks) of Notice of
Intent to Award and prior to Notice to Proceed, Successful bidder shall provide a complete build
list.
Parts and materials shall be latest model or current date and meet specifications. This provision
excludes surplus, remanufactured and used products, unless such material proposed is in lieu of
items called for.
• Equipment or material provided under this Agreement shall substantially comply with
specifications. For each stated and described deviation or substitution, detailed specifications
shall be provided, including technical data when applicable. As provided in Section 8 of the
Agreement, all deviations and substitutions must be approved by the City in advance.
DETERMINATION OF SUBSTITUTIONS
• The City reserves the right to determine as to whether such substitutions or deviations are
within the intent of the specifications and will reasonably meet the service requirements of the
City. Furnishing catalog sheets with technical data will not be accepted as proper notice of a
substitution or a deviation from the specifications.
• If the specification allows for "equal", Contractor shall provide all information with their bid for
the City to determine if the product offered is an equal to the brand specified and/or meets the
technical specifications. The City reserves the right to determine whether the substitution is
equal to the brand specified or the stated technical specifications. The decision of the City
regarding equality shall be final.
NEW AND UNUSED
Unless specifically provided to the contrary, all items and material specified are new and unused
and have the current production year.
INSPECTION
Unless otherwise specified, materials and equipment purchases will be inspected by the City to
determine whether they meet the quality requirements of the call for bids. When deemed
necessary, samples of supplies or materials will be taken at random from stock received for
submission to a commercial laboratory, or other appropriate inspection agency, for analysis and
test as to whether the material conforms in all respects to the specifications. In cases where the
commercial laboratory report indicates that the material does not meet the specifications, the
expense of analysis is to be borne by Contractor and the supplies or materials shall be returned
to Contractor at Contractor's expense.
VENDOR WARRANTY
• Contractor shall fully warrant and guarantee all fabrication, installation and labor/work
furnished under this Agreement to be free from defects and in a professional and workmanlike
manner, utilizing good marine practices commonly accepted in the industry for a period of not
less than 1 year from date of the final acceptance by the City and re -delivery of the vessel. The
warranty shall extend to cover all direct damages to the vessel resulting from the original
defective work.
• While under warranty, Contractor shall repair or replace inoperable equipment or material, at
no cost to the City, in a timely manner so as to minimize the possible disruption of City
operations resulting from said inoperable equipment or material.
MANUFACTURER'S WARRANTY
• For any purchased products or equipment that have manufacturer's warranties, a copy of the
manufacturer's warranty shall be provided to City.
PERFORMANCE BOND
• REFER TO BONDING SECTION OF THIS AGREEMENT
RECORD KEEPING/AUDITS
Contractor shall keep detailed records of payroll, supplies, equipment, materials, and overhead
to support the value of invoiced work and shall make the records available to the City upon
request in the event of a dispute. Records shall be kept for a minimum of 5 years from receipt of
final payment. All records are subject to audit by the City or City representative(s).
REJECTION OF WORK
• Contractor agrees that the City has the right to make all final determinations as to whether the
refurbishment work has been satisfactorily completed.
EXHIBIT B
SCHEDULE OF BILLING RATES
South Coast Shipyard, Inc. Page B-1
EXHIBIT B
SCHEDULE OF BILLING RATES
BID ITEM
COST
SECTION 1 LABOR
$285,000.00
SECTION 2 MATERIALS
$168,000.00
SECTION 3 TAX ON MATERIALS
$13,020.00
PICKUP AND DELIVERY
No Charge / NA
TOTAL BASE BID AMOUNT
$466,020.00
CONTINGENCY (10% OF BASE BID AMOUNT)
COVERING COST OF UNFORSEEN WORK
$46,600.00
ADDITIVE/OPTIONAL BID ITEM NO. 1 (PURCHASEAND
INSTALLATION OF TWO (2) ILMOR 6.2L GDI (430 HP)
GOV. INBOARD ENGINE PACKAGES (OR CITY
APPROVED EQUAL) FOR SEA WATCH 1, WITH
POWERTRAIN WARRANTY)
$90,000.00
ADDITIVE/OPTIONAL BID ITEM NO. 2 (PURCHASEAND
INSTALLATION OF TWO (2) ILMOR 6.2L GDI (430 HP)
GOV. INBOARD ENGINE PACKAGES (OR CITY
APPROVED EQUAL) FOR SEA WATCH 11, WITH
POWERTRAIN WARRANTY)
$90,000.00
TOTAL COST:
$692,620.00
EXHIBIT C
INSURANCE REQUIREMENTS
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, 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 Contract. 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, 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 Contract.
U.S. Longshoremen's and Harbor Workers' Act (USL&H) shall be required
for employees performing services covered by said Act.
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
South Coast Shipyard, Inc. Page C-1
CG 00 01, in an amount not less than two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate and four
million dollars ($4,000,000) completed operations aggregate. The policy
shall cover liability arising from bodily injury, property damage, products -
completed operations, personal and advertising injury, and liability assumed
under an insured contract (including the tort liability of another assumed in
a business contract).
Contractor shall submit to the City, along with a certificate of insurance, any
additional insurance requirements stated in Section Four.
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 two million dollars ($2,000,000)
combined single limit for each accident.
Contractor shall submit to the City, along with a certificate of insurance, any
additional insurance requirements stated in Section Four.
D. Bailee Coverage. Contractor shall maintain unlimited Bailee Coverage for
the full value of any damage or destruction of City property while in the
Contractor's possession.
E. 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.
Contractor shall submit to the City, along with a certificate of insurance, any
additional insurance requirements stated in Section Four.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City of 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
South Coast Shipyard, Inc. Page C-2
and/or Services contemplated by this Contract 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 -completed operations, excess/umbrella liability, and automobile
liability, if required, shall provide or be endorsed to provide that 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 Contract 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,
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 Contract. Any insurance or self-insurance maintained
by City shall be excess of Contractor's insurance and shall not contribute
with it.
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
quired coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
E. Subcontractors. Contractor shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein.
Subcontractors shall maintain commercial general liability in an amount not
less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate and two million dollars ($2,000,000)
completed operations aggregate.
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
South Coast Shipyard, Inc. Page C-3
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 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 ninety (90) 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 in
Section Four, including required coverage types, limits, endorsements, and
notice provisions. 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 A 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
South Coast Shipyard, Inc. Page C-4
available proceeds in excess of specified minimum limits of insurance and
coverage shall be available to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self -insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
obligations to City. If Contractor's existing coverage includes a self -insured
retention, the self -insured retention must be declared to City. City may
review options with Contractor, which may include reduction or elimination
of the self -insured retention, substitution of other coverage, or other
solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
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.
Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any
other agreement relating to City or its operations limits the application of
such insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof
that policies of insurance required herein expiring during the term of this
Contract have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. A coverage binder or letter from
Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided
to City with five (5) calendar days of the expiration of the coverages.
South Coast Shipyard, Inc. Page C-5
K. Maintenance of General Liability Coverage. Contractor agrees to maintain
commercial general liability coverage for a period of ten (10) years after
completion of the Project or to obtain coverage for completed operations
liability for an equivalent period.
South Coast Shipyard, Inc. Page C-6
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EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. UCSX372X8170
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ $24, 768 , being at the
rate of $ 30 thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to South
Coast Shipyard, Inc. hereinafter designated as the "Principal," an agreement for
Refurbishment of Lifeguard Rescue Vessel and Purchase and Installation of New
Powertrains, 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 United Surety Insurance Company
303 Congress Street, Suite 502, Boston, MA 02210 , 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 Four
Hundred Sixty Six Thousand Twenty dollar ($466,020.00) lawful money of the United
States of America, said sum being equal to 100% of the estimated Base Bid amount 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 falls 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.
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
South Coast Shipyard, Inc. Page D-1
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 West Virginia
County of Hancock
On October 20th, 2025 before me,
Ralph Earl Brown III, Notary Public
(insert name and title of the officer)
personally appeared Richard J. Taylor, Attorney -in -Fact
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 signature(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 West that the foregoing
paragraph is true and correct. Virginia
WITNESS my hand and official seal. OFFICIAL SEAL
STATE OF WEST VIRGINIA
NOTARY PUBLIC
RALPH EARL BROWN III
Signature (Seal)
,r+ CS
171372
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That United Casualty and Surety Insurance Company, a corporation of the State of Nebraska, and US Casualty and Surety Insurance
Company and United Surety Insurance Company, assumed names of United Casualty and Surety Insurance Company (collectively, the Companies), do by these presents
make, constitute and appoint:
Kelly Specht, Kandis Gregory, Anthony Balzano, JoAnn Smith, Cynthia S. Richter, Richard J. Taylor, Madeline Brown, Zachary R. Bradley, Donna Stolzenbach
Felicia Thomas, Dawn E. Gittens, Rick Bredow, Ralph Earl Brown III, Ann Robertson, Kenda Freeman, Alexis Estrada, Deborah Perry, Shaun Sullivan
its true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include
riders, amendments, and consents of surety, providing the bond penalty does not exceed Three Million Five Hundred Thousand & 00/100 Dollars
( $37500,000.00 ). This Power of Attorney shall expire without further action on December 311, 2026.
This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Companies at a meeting duly called
and held on the 1" day of July,1993:
Resolved that the President, Treasurer, or Secretary be and they are hereby authorized and empowered to appoint Attorneys -in -Fact of the Company, in its name and as
its acts to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings
obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -Fact shall be binding
upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons.
That the signature of any officer authorized by Resolutions of this Board and the Company seal maybe affixed by facsimile to any power of attorney or special power of
attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal,
when soused being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the
Company with the same force and effect as though manually affixed.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereunto affixed, this 14th day of March, 2025
9 ucs ( X
Corporate Seals
Commonwealth of Massachusetts
County of Suffolk ss:
UNITED CASUALTY AND SURETY INSURANCE COMPANY
US Casualty and Surety Insurance Company
United Surety Insurance Company
le, 61 '�&
R. Kyle F ler, Treasurer
On this 14th day of March, 2025 before me, Colleen A. Cochrane, a notary public, personally appeared, R. Kyle Fowler, Treasurer of United Casualty and
Surety Insurance Company, US Casualty and Surety Insurance Company and United Surety Insurance Company, who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true and correct.
WITNESS my hand and seal.
COLLEEN A.COCHRANE
(Seal) V
PublicCommonwealth ofhlassadwsells 44:2
Ily Commission Expires 1OW1028
otary Public Commis ion Expires: 10/27/2028
I, Robert F. Thomas, President of United Casualty and Surety Insurance Company, US Casualty and Surety Insurance Company and United Surety Insurance Company do
hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect;
furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Boston, Massachusetts this 20th day of
October 2025
Corporate Seals ■ '� ' s
urn � urs urn
Robert F. Thomas, President
TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL: CONFIRMBOND@UNITEDCASUALTY.COM
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 20th day of October , 20 25 .
South Coast Shipyard, Inc.
Name of Contractor (Principal)
United Surety Insurance Company
Name of Surety
303 Congress Street, Suite 502, Boston, MA 02210
Address of Surety
800-829-2663
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:z
By: i
Aa n C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent S' ature
Richard J. Taylor, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BEATTACHED
South Coast Shipyard, 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 , 20before 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/shefthey 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)
South Coast Shipyard, Inc. Page D-3
EXHIBIT D
CiTY OF NEWPORT BEACH
BON® NO. UCSX372Y8170
FAITHFUL PERFORiVIANCE BOND
The premium charges on this Bond is $ _ $24, 76s , being at the
rate of $ 30 �.�_... thousand of the Agreement price.
WHEREAS, the City of Newport Beach., State of California, has awarded to South
Coast Shipyard, Inc. hereinafter designated as the "Principal," an agreement for
Refurbishment of Lifeguard Rescue Vessel and Purchase and Installation of New
Powertrains, 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 United Surety Insurance Company
303 Congress Street, Suite 502, Bogton, NIA 02210 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 Four
Hundred Sixty Six Thousand Twenty dollar ($466,020.00) lawful money of the United
States of America, said sum being equal to 100% of the estimated Base Bid amount 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 falls 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 bang ,an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, exiension 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
South Coast Shipyard, Inc. Page 0-1
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 20th day of October , 20 25 .
South Coast Shipyard, Inc.����`J/�
- Name of Contractor (Principal) Authorized Signature/Title
United Surety Insurance Company
Name of Surety 4 r
303 Congress Street, Suite 502, Boston, MA 02210
Address of Surety
800-829-2663
Telephone
APPROVED AS TO FORM:
CITY ATTORNEYS OFFICE
Date:
M
Aaron C. Harp
City Attorney
Authorized Agent S' ature
Richard J. Taylor, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST REATTACHED
South Coast Shipyard, 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 C>r } ss.
On . LI , Z , 20 aS before meZe-amvQ. i
eDC-fY ,A0.
Notary Public, personally appeared (b&yw
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.
0my
JEANNE BARRENA
WITNESS my hand and official seal. Notary Public • California
Orange County
Commission N 2387259 Comm. Expires Dec 17, 2025
Signatu a (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 Callfomia
County of Z ss.
On , 20before 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)
Page D-3
South Coast Shipyard, Inc.
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 West Virginia
County of Hancock }
On October 20th, 2025 before me, Ralph Earl Brown III, Notary Public
(insert name and title of the officer)
personally appeared Richard J. Taylor, Attorney -in -Fact
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 signature(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 West that the foregoing
paragraph is true and correct. Virginia
WITNESS my hand and official seal. OFFICIAL SEAL
STATE OF WEST VIRGINIA
NOTARY PUBLIC
@3648
RALPH EARL BROWN III
Lindberg Way Weirton, WV 26062
My Commission Expires October 10, 2029
Signature (Seal)
swo ucs
POWER OF ATTORNEY 171372
KNOW ALL MEN BY THESE PRESENTS: That United Casualty and Surety Insurance Company, a corporation ofthe State of Nebraska, and US Casualty and Surety Insurance
Company and United Surety Insurance Company, assumed names of United Casualty and Surety Insurance Company (collectively, the Companies), do by these presents
make, constitute and appoint:
Kelly Specht, Kandis Gregory, Anthony Balzano, JoAnn Smith, Cynthia S. Richter, Richard 1. Taylor, Madeline Brown, Zachary R. Bradley, Donna Stolzenbach
Felicia Thomas, Dawn E. Gittens, Rick Bredow, Ralph Earl Brown III, Ann Robertson, Kenda Freeman, Alexis Estrada, Deborah Perry, Shaun Sullivan
its true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include
riders, amendments, and consents of surety, providing the bond penalty does not exceed Three Million Five Hundred Thousand & 00/100 Dollars
( $3,500,000.00 ). This Power of Attorney shall expire without further action on December 31rt, 2026.
This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Companies at a meeting duly called
and held on the 1 * day of July,1993:
Resolved thatthe President, Treasurer, or Secretary be and they are hereby authorized and empowered to appoint Attorneys -in -Fact of the Company, in its name and as
its acts to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings
obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -Fact shall be binding
upon the Company as ifthey had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons.
That the signature of any officer authorized by Resolutions of this Board and the Company seal maybe affixed by facsimile to any power of attorney or special power of
attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal,
when soused being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the
Company with the same force and effect as though manually affixed.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereunto affixed, this 14th day of March, 2025
Corporate Seals
Commonwealth of Massachusetts
County of Suffolk ss:
UNITED CASUALTY AND SURETY INSURANCE COMPANY
US Casualty and Surety Insurance Company
United Surety Insurance Company
6
R. Kyle F ler, Treasurer
On this 14th day of March, 2025 , before me, Colleen A. Cochrane, a notary public, personally appeared, R. Kyle Fowler, Treasurer of United Casualty and
SuretyInsurance Company, US Casualty and Surety Insurance Company and United Surety Insurance Company, who proved tome on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true and correct.
WITNESS my hand and seal.
COLLEEI!!L COCRUE
(Seal) Public, Commwwfeamofkussadxusetts
IN CummisOn Ei#tes *2it2026
otary Public Commis ion Expires: 10/27/2028
I, Robert F. Thomas, President of United Casualty and Surety Insurance Company, US Casualty and Surety Insurance Company and United Surety Insurance Company do
hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect;
furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Boston, Massachusetts this 20th day of
October 2025
Corporate Seals ■J ° y1s'Robert F. Thomas, President
ucs � uc•s,E(�N
TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL: CONFIRMBOND@UNITEDCASUALTY.COM
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)
South Coast Shipyard, Inc. Page D-3