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HomeMy WebLinkAboutC-4615 - On-Call Service Agreement for Maintenance and Repair ServicesAMENDMENT NO. ONE TO ON -CALL SERVICES AGREEMENT WITH COPPERTOP ENTERPRISES, INC., DBA SOUTH MOORING COMPANY FOR MAINTENANCE AND REPAIR SERVICES THIS AMENDMENT NO. ONE TO ON -CALL SERVICES A REEMENT ( "Amendment No. One "), is entered into as of this � day of i�2011, by and between the CITY OF NEWPORT BEACH, a CaliforniaMUnicipal Corporation ( "City"), and COPPERTOP ENTERPRISES, INC., a California Corporation doing business as ( "dba ") South Mooring Company, whose address is 2302 S. Susan Street, Santa Ana, California 92704 ( "Consultant "), and is made with reference to the following: RECITALS: A. On September 17, 2010, City and Consultant entered into an On -Call Services Agreement ( "Agreement ") for harbor mooring maintenance and repair services ( "Project "). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement, to increase the total compensation and update insurance requirements. C. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SERVICES TO BE PERFORMED Section 2 of the Agreement, shall be supplemented to include the Scope of Services dated July 13, 2011, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement shall be amended in its entirety and replaced with the following: City shall pay Consultant 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 to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement including all reimbursable items and subconsultant fees, shall not exceed Fifty -Three Thousand, Nine Hundred Twenty-Five Dollars and no /100 ($53,925.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Twenty -Three Thousand, Nine Hundred Twenty -Five Dollars and no /100 ($23,925.00), without prior written authorization from City. 3. INSURANCE Section 11 of the Agreement shall be amended in its entirety and replaced with the following: Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant 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. Insurance certificates and endorsement 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. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. 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. C. Coverage Requirements. Workers' Compensation Coveraae. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily, injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section 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. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. One on the dates written below. APPROVED AS TO FORM: OFFICE -4 -THE CITY ATTORNEY By: F Leonie Mulvihill Assistant City Attorney ATTEST: Date: By: Lei Citi s CITY OF NEWPORT BEACH, A Californi _irnuKc ipal corporation Date: Z� �eZh7Badum Pus Director CONSULTANT: COPPERTOP ENTERPRISES, INC., dba South Mooring Company, a California Corporatio Date: I I By: Debbie Williams, President and Treasurer Attachment: Exhibit A - Additional Services to be Performed CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT M 01x1 Harbor Resources July 13, 2011 Rhine Channel Contaminated Sediment Cleanup Project Temporary Mooring Installation for Vessel Relocation Scope of Work The City of Newport Beach is requesting services to install 30 temporary double point moorings in the mooring fields adjacent to the Rhine Channel. Mooring sizes should be in the 40' -60' size range, and they shall be easily identified as Temporary. The moorings shall be installed at the prescribed location as agreed upon by the Harbor Resources Manager and the Harbor Patrol. Cost of Services Install 30 temporary moorings • 15 temporary moorings, $14,775 • 40 -45ft double ended moorings • 30ft' /z" chain and 45ft 5/8" or 3/4" chain • Two buoys and weights each mooring • Lettering for buoys • Additional 15 temporary moorings, $9,150 • 40 -4511 double ended moorings • 30ft' /2" chain and 45ft 5/8" or 3/4" chain • Two buoys and weights each mooring • Lettering for buoys No rental for 6 months. Rental after 6 months, $150 1mooring Total Cost $23,925 Chris Miller Harbor Resources Manager 829 Harbor Island Drive, Newport Beach, CA 92660 PH: (949) 644 -3034 FX: (949) 723 -0589 • www. newportbeachca .gov /harborresources CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 9/12/2011 Date Completed: 9/13/2011 Dept. /Contact Received From: Shaun Oyler Sent to: Joel By: Company /Person required to have certificate: Copper Top [l el :121:4 VV_04Ar-1l- 11AY1A Joel A. INSURANCE COMPANY: Mt Hawley B. AM BEST RATING (A-: VII or greater): A +: X C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes 0 No OX D. LIMITS (Must be $1 M or greater): What is limit provided? $2,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does Yes OX No not apply to Waste Haulers) F. ADDITIONAL INSURED WORDING TO INCLUDE (The City Its officers, officials, employees and volunteers): Is it Yes No 0 included? OX G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Yes OX No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? Yes No �X I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. New Acord Wording II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Casualty & Surety Co B. AM BEST RATING (A- :VII or greater) A +: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes 0 No Q D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What are the limits provided? $1,000,000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A Yes No 0 F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. New Acord Wording III. WORKERS' COMPENSATION A. INSURANCE COMPANY: State Fund B. AM BEST RATING (A-: VII or greater): Nat Rated C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes ❑X No ❑ HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? NOTES: Needs Risk Manager approval ,for non - admitted GL carrier Approved: September 13, 2011 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach Requires approvallexceptionfwaiver by Risk Management Comments: * Subject to the terms of the contract. Yes ❑No ❑ B&B initials q)l - 1 l Date '`'.c.lb.m °® CERTIFICATE OF LIABILITY INSURANCE F 011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSIIRER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: H the certificate holder is an ADDITIONAL INSURED, the poffey(les) must be endorsed. N SUBROGATION is WAIVED, subject to the terms and conditions of the policy, Certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT USAA INSURANCE AGENCY INC 9WO FREDERICKSBURG RD sslaesa FAx xA 5524097 L SAN ANTONIO, TX 782880001 (888) 661 -3938 CGMSTGMER GMX3156 X9916 882 01SURERM AFFORDING COVERAGE NAICR INSURED 2MRH2A: VELEWCAML4L.TYtMRANceC(MPAWWAMERICA PERSONAL 8 ADV INJURY COPPERTOP ENTERPRISES INC 2302 S SUSAN ST INSURERS: DlWRERC: SANTA ANA, CA 92704 INMIPER D: WSURErt E: $ A INSURER F: ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS MREDAUTOS NON-0 NED ALTOS r.nVFRAGFS r:FR7IRd ATF NIHURFR• 1X9fI',UW 4110.52 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CCHDIDCH OF ANY CONTRACT OR OTHHt DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEDBY THE POLICIES DESCRIED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCEDBY PA)O CINMS. INSR LTR TYPEOFINSIIRARCE INSR 8 POLICY NUMBER S�EFF POLICVBR LIMITS GENERA. LHBBTY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR OCCURRENCE $ MED W uIe n $ PERSONAL 8 ADV INJURY $ GENERN.AGGREGATE GFNL AGGREGATE LIMIT APPLIES PER POLICY JEECT we PROOUCTS- $ A AUmMoBtLELweIMrY X X X ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS MREDAUTOS NON-0 NED ALTOS X BA- 2A166112 -11 05/2412011 05/24/2012 COMBINED SINGLE LIMIT (ER a=woM) $1.000,000 BODILY INJURY (Per pawn) $ BODILY MJURY(PM=OeM) $ PROPER_iY�OALWGE $ $ $ UMBRELLA LNa EXCESS LIAa H= CLAniS-MADE MADE O=RRBNCE $ AGGREGATE $ DEDUCTTBLE REIBY m $ RKERS CGNPBNSIITRN PROPRIEfOILPARTNBMEQITNE ❑ ICEWEMBFR B(CWDED7 11;4*11AL FJ2PL.OYBIS'LLIBILITY YIN ndatuY N NH) PROVISIONS behw RA y�yy�� ppT�U TF/RYSLNAITS F1 EACH ACCIDENT $ F1 DI3F?3E -FA EMPLOYI£ $ EL DISEASE -POLICY LtlNR $ DESCRIPTION OF OPERATIONS I LOCATIONS VEI*OLESVX=h AVOW 10I,AddK0va1 Rwwft SCdedA, Nmemsp=b NquU.) AS RESPECTS TO AUTOMOBILE LIABILITY, SUBROGATION AGAINST CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS HAS BEEN WANED PER CA T4 20 -AUTO COVERAGE PLUS ENDORSEMENT, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PO BOX 1768 NEWPORT BEACH, CA 92656-6915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIONI DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 4 - - © IMB -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD Policy Number: MGLO173372 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM C) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART (If no entry appears bekrw, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Sched- ule, but only with respect to liability arising out of "your work" for that insured by or for you. To the extent required under contract, this policy will apply as primary insurance to additional insureds scheduled below and other insurance which may be available to such additional insureds will be non - contributory. Section IV., Condition 4., of this policy is amended accordingly. SCHEDULE Name of Person or Organization, All persons or organizations where required by written contracL CGL 216 (04198) ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Insured Page 1 of 1 Policy Number. MGLO173372 ML Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations where required by written contract. Of no entry appears above, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition (SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your worts' done under a contract with that person or organization and included in the "products - completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page I of 1 Insured CERTHOLDER COPY SP P.O. BOX 420807, SAN FRANCISOO.CA 94142 -0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-07 -2011 CITY OF NEWPORT BCH PUBLIC WORKS DEPT PO BOX 1768 NEWPORT BEACH CA 92868 -8816 SP GROUP: 000719 POLICY NUMBER: 0000698 -2010 CERTIFICATE Q. 31 CERTIFICATE EXPIRES: 03-01 -2012 08 -01- 2011/08 -01 -2012 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not emend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement term or condition of any contract or other document vtnth respect to which this certificate of insurance may be Issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. O'Althorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2063 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08 -01 -2011 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT 52670 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2011 -07 -07 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BCH EMPLOYER COPPERTOP ENTERPRISES INC 2302 S SUSAN ST SANTA ANA CA 92704 SP I611,SGI PRINTED : 07 -07 -2011 teev.e -20101 '4� °f CERTIFICATE OF LIABILITY INSURANCE 09108120// YY) 08Po612011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT_ N the certificate holder is an ADDITIONAL INSURED, the poltey(les) must he endorsed H SUBROGATION Is WAIVED, subject to the terns and conditions of the policy, certain Policies may require an endorsement A statement on this certificate class not corder rights to the certificate holder in [tau of such andorsame s PRODUCER CONTACT USAA INSURANCE AGENCY INC 9800 FREDERICKSBURG RD ME En Gall-Am No. 552.6081 MAN SAN ANTONIO, TX 782880001 PROS 689SX31W (888)661 -3938 X9916 882 SISURERMAFFOIAINGCOVERAGE HAKE INSURED COPPERTOP ENTERPRISES INC 2302 S SUSAN ST SANTA ANA, CA 92704 INSNRERA- nIAVa. EMCAWJALIYIMWRANC £COMPPXYOFAWAKA $ INSURER R BtSIRERC: INWRER D: GENT AGGREGATE OMIT APPLIES PEN PRO. POLICY F1 JEC LOC INSURER E: INSURERF: $ A COVERAGES CFRTIFICATF NIIMRFR• 1RSB13R4M11n9J REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REDUIRENIENT. TERM OR CONDITIOH OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEDBY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIM" SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TR TYPE OF AD OISR SUER XM POLICY NUMBER POUCTEFF POLICYE]P UNITS GENERALLUU!iY COMMERCIAL GENERAL LIABILITY CLAIMS-MApE OCCUR OCCURR P $ MEDEXP A we ermn $ PERSONAL AADV INJURY GEMB&AGGREGATE GENT AGGREGATE OMIT APPLIES PEN PRO. POLICY F1 JEC LOC - C0MPIO p $ A AUTCAIOMUASRJIY X X X ANY AUTO ALL OWNED AUTOS SCHEOULEDAUTOS HIREDAUTOS NON -OWNED AUTOS X BA- ZAISS112 -11 05/2412011 05124/2072 COMBINE) SINGLE Ler (EA 80cw8m) $1,000,000 BODILY INJURY (Per Perron) $ BODILY IWUD�RY(per ed:i&,A) $ AMAGE $ $ $ UMBRELLALIAS EXCESS LUAU OCCUR CLAIMS-LIAOE EACH R+ CE $ AGGREGATE $ DMUCTOW RETENTION $ $ WORRERSCCMPEISATTON ANOEMPWYELS•LL%EUTY YIN ANY ORMPREI�OUPMRrElIbE (Llwr� NSENR EXCLUDE D7 Uyegabwyin Ear PECVLL PROVISIONS EeIAw NIA WCSiATD- TORY E ISACHACCIDENT $ ELDSEAW- EAEMPLOYEE $ E.L. DISEASE - POLICY UNIT $ MCRIPTION OF OPPFATIONS I LOCATIONSI VEHICLES(AUaeb ACORU WI, Aaanolvl Rmnar/s S.h . N MM 19= ft Rq&.d) AS RESPECTS TO AUTOMOBILE LIABILITY, SUBROGATION AGAINST CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS HAS BEEN WANED PER CA T420 -AUTO COVERAGE PLUS ENDORSEMENT. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PO BOX 1768 NEWPORT BEACH. CA 92658.8915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIMT10N DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 91_! 0010 �Cct -r /-tJ CA 19sB,201H1 ACORD CORPORA71117A1. All rights rl -c rnd. ACOM 2S (2009/09) The ACORD name and logo are registered marks of ACORD 1F(vVS ON -CALL MAINTENANCE /REPAIR SERVICES AGREEMENT WITH COPPERTOP ENTERPRISES, INC. THIS ON -CALLAGREEMENT ( "Agreement ") is made and entered into as of this day of �W�2010, by and between the CITY OF NEWPORT BEACH, a California Muni pal Corporation and Charter City ( "City "), and Coppertop Enterprises, Inc a California Corporation whose principal place of business is 2302 South Susan Street, Santa Ana, CA 92704 ( "Contractor"), 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 cant' on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City requires on -call maintenance /repair services for mooring maintenance and other harbor related repair and maintenance services. C. City desires to engage Contractor to service City moorings and log boom, clean up harbor debris, and other miscellaneous harbor related duties as requested. ( "Project "). D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31 st day of October 2012, unless terminated earlier as set forth herein. 2. SCOPE OF SERVICES Contractor shall provide "On -Call" maintenance /repair services as described in the Scope of Services attached hereto as Exhibit 'A' and incorporated herein by this reference (the "Services" or "Work "). As a material inducement to the 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 the highest professional standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar Work under similar circumstances. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, equipment and all utility and transportation services necessary for the Project. Upon verbal or written request from the City's Project Administrator (as defined in Section 6 below), 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: A. A detailed description of the Services to be provided; B. The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; C. The estimated number of hours and cost to complete the Services; and D. The time needed to finish the specific project. No Services shall be provided until the Project Administrator has provided written authorization to proceed with the Services as described in the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the Work described in the approved Letter Proposal. 3. TIME OF PERFORMANCE Time is of the essence in the performance of Services under this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 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 to the other party so that all delays can be addressed. 3.1 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) 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. On -Call Services Agreement Page 2 3.2 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONTRACTOR 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. No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Contractor's compensation for Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed the fees identified in the Letter Proposal, as approved by the Project Administrator. Any Letter Proposal that sets forth fees in excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require a separate Professional Service Agreement. Total compensation paid to Contractor during the Term of this Agreement shall not exceed Thirty Thousand Dollars and No Cents ($30,000.00) without written amendment to the Agreement. 4.1 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractors invoices shall include the name of the person and /or classification of employee who performed the Work, a brief description of the Services performed and /or the specific task in the letter proposal 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) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Contractor only for those costs or expenses specifically approved in the Letter Proposal. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor: A. Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 4.3 Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by Project Administrator to be necessary for the proper completion of the Project, but which is not included within the Letter Proposal and which the parties did not reasonably anticipate would be necessary. Compensation for any authorized Extra Worts shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit 'B'. 5. WORK DEFICIENCIES AND CORRECTIONS 5.1 The Contractor's performance will be evaluated on a regular basis. When problems are identified, the Project Administrator will notify Contractor. If issues are serious or go unresolved, a "Notice of Deficiency" will be issued to Contractor in writing. This notice will detail the issues and give a cure period to resolve them. 5.2 Failure to correct the deficiencies listed in the Notice of Deficiency within the timeframe specified by the City may, in the City's sole discretion, result in action being taken by the City, including, but not limited to, (a) withholding payment for the subject deficiency until the work is completed; (b) correcting the deficiency (using the City's own work force and /or by contracting out) and deducting any associated costs plus overhead incurred thereby from the total monthly compensation due the Contractor; (c) contracting with another Vendor to perform the maintenance and other Services required for the remainder of the term of the Contract; (e) terminating the agreement; and /or (f) taking any other action and exercising any other legal remedy available to the City under law. 6. ADMINISTRATION This Agreement will be administered by the Harbor Resources Division. Harbor Resources Supervisor, Shannon Levin, or his /her designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 7.1 Contractor shall use only the standard materials described in Exhibit 'A' in performing Services under this Agreement. Any deviation from the materials described in Exhibit 'A' shall not be installed unless approved in advance by the Project Administrator. 7.2 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 Highest Professional Standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8. RESPONSIBILITY FOR DAMAGES OR INJURY 8.1 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 On -Call Services Agreement Page 4 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 workers. 8.2 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 supplier selected by the Contractor. 8.3 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, attorney's 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, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 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 attorney's 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 the Contractor. 8.4 Contractor shall perform all Project 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. On -Call Services Agreement Page 5 8.5 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. 8.6 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the 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 express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 10. 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 the Contractor on the Project. 11. 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, policies of insurance of the type and amounts described below and in a form satisfactory to City. The cost of such insurance shall be included in Contractor's billing rates. 1. Coverage and Limit Requirements. a. Workers' Compensation. 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 type for Contractor's employees in accordance with the laws of the State of Califomia, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 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 elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. On -Call Services Agreement Page 6 b. General Liability. Contractor shall maintain commercial general liability insurance 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) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. c. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, 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. Builders Risk. For Contracts with Construction/Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions or Requirements 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 an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this Agreement. All of the executed documents referenced in this Agreement must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: On -Call Services Agreement Page 7 i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or Services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. c. 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. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with 30 days notice of cancellation (except for nonpayment for which 10 days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. 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 On -Call Services Agreement Page 8 review options with the 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. f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. g. Waiver. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, 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. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. L Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section 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. City's Remedies. City shall have the right to order the Contractor to stop Work under this Agreement and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coveraae not Limited. All insurance coverage and limits provided by contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this agreement or any other agreement relating to the city or its operations limits the application of such insurance coverage. I. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Services under On -Call Services Agreement Page 9 this or any other contract or agreement with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement 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 within five days of the expiration of the coverages. 12. PREVAILING WAGES 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 Califomia 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 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. 13. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement shall be permitted only with the express written consent of City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 14. 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 Contract. 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 On -Call Services Agreement Page 10 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. 15. CONFLICTS OF INTEREST The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 16. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor 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. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Shannon Levin Harbor Resources Division City of Newport Beach 829 Harbor Island Drive Newport Beach, CA 92660 Phone: 949 - 644 -3041 Fax: 949 - 723 -0589 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Chuck South Coppertop Enterprises, Inc. 2302 S. Susan Street Santa Ana, Ca 92704 Phone: 949 - 645 -0334 17. TERMINATION 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, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving 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 materials purchased in performance of this Agreement. 18. 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. 19. WAIVER A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 20. INTEGRATED AGREEMENT 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. 21. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services, the terms of this Agreement shall govem. 22. 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. 23. EFFECT OF CONTRACTOR'S EXECUTION On -Call Services Agreement Page 12 Execution of this Agreement by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the Work is to be performed, and has taken into consideration these factors in submitting its Proposal for On -Call Services and Scope of Work. 24. 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. 25. 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY •M Assistant City Attorney ATTEST: By: - Leilani I. Brown City Clerk Attachments Exhibit A CITY OF NEWPORT BEACH, A Municipal Corporation By: G, D Kiff City Manager CONTRACTOR: coppertop Enterprises, Inc. 13�6 ame: Debbie Williams Title: President Services & Billing Rates A08-00093 revised 5.11.10 Form On -Call Maintenance Repair Services On -Call Services Agreement Page 14 EXHIBIT A SCOPE OF WORK & BILLING RATES EXHIBIT B Page B -1 Website: www.SouthMoo4ng.com License # 838125 �S T� South Mooring Company a dbo of CopperTop Enterprises, Inc South Mooring Co CopperTop Enterprises License # 838125 P.O. Box 528 Newport Beach CA 92661 -0528 949 - 645 -0334 Harbor Resources Attn. Shannon Levin 829 Harbor Island Drive Newport Beach, CA 92660 Dear Shannon P.O. Box 528 Newport Beach, CA 92661 Direct: 949.645.0334 December 14, 2009 South Mooring Co will, if need be, have any engineering done and secure any necessary permits. After many years of working with the city on different projects, communication and cooperation has been established. The City is, at this time, an additional insured on our liability insurance. You recently requested pricing information from us. Below is a list of services we have done in the past. Mooring service: Includes inspection, testing, painting, and numbering of the mooring buoy. Inspection of mooring weight, and replacement of worn chain as needed. Sign buoys and shore moorings $ 166.00 plus parts Off shore moorings $ 334.00 plus parts Mooring realignment $ 50.00 Log boom: Deployment and retrieval $ 250.00 hr plus parts Diver if needed $ 100.00 hr ($1,600.00 to $1,750.00 in the past) Log boom adjustment $ 250.00 hr Sea lion abstrineut boate 50.0 in Harbor clean up boat: $ 50.00 hr Salvage work: $ 250.04hr Dock repair and refurbishment, piling work, boat demo, ramp lifting etc. can be bid on per job. South Mooring has all City Iicenses, State licenses, Workers Comp. and Harbor Workers Insurance. All work is managed and supervised by Chuck South