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OCEAN BLUE ENVIRONMENTAL SERVICES, INC. (5)
INSURANCE ON FILE WORK MAY PROCEED N-2024-178 UNTIL INSURANCE EXPIRES 7111zo2 CITY CLERK DATE: JUN 0 3 2024 D. -VVLSR ) AGREEMENT BETWEEN CITY OF SANTA ANA AND COL��AO- OCEAN BLUE ENVIRONMENTAL SERVICES, INC., FOR SPECIAL WASTE COLLECTION SERVICES THIS AGREEMENT is made and entered into on this 8th day of February, 2024 by and between Ocean Blue Environmental Services, Inc, a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of special waste collection services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement, including any extensions, shall not exceed Forty - Five Thousand Dollars and Zero Cents ($45,000). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance Page 1 of 10 #19793v7 set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a one (1) year term, with the option for the City to grant up to two (2) one-year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Contractor shall procure and maintain for the duration of the contract 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 and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion. Page 2 of 10 #19793v7 a. Minimum Scope and Limit of Insurance (1) Commercial General Liability (CGL). Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. (2) Automobile Liability. ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. (3) Workers' Compensation. As required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (4) Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions. Insurance applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. (5) Broader Coverage. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (6) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. b. Other Insurance Provisions (1) General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain the following provisions: i. Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. Page 3 of 10 #19793v7 General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). ii. Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Severability. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. iv. Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents, and subcontractors. v. Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to the City and ten (10) day prior written notice of policy cancellation or non -renewal due to non-payment. vi. Certificate Holder. The certificate holder on each evidence of insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be indicated in the description of operations section of each certificate. (2) Automobile Liability Endorsement. The Automobile Policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may be provided under Contractors Pollution Liability policy. Page 4 of 10 #19793v7 (3) Claims -Made Policies. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on claims -made form: i. The retroactive date must be shown, and must be before the date of the contractor or the beginning of work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of work. iv. A copy of the claims reporting requirements must be submitted to City for review. v. If the services involve lead -based paint or asbestos identification/remediation, the Contractors Pollution Liability shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of "Pollution" shall include microbial matter including mold. (4) Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANIL unless otherwise acceptable to the City. (5) Verification of Coverage. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. (6) Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City, its City Council, its officers, officials, employees, agents, and volunteers are added as additional insured on insurance required from Page 5 of 10 #19793v7 subcontractors. For CGL coverage subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. (7) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work 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 the 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 the City to examine, audit, and make transcripts or copies of such records and any other documents created Page 6 of 10 #19793v7 pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each Page 7 of 10 #19793v7 party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. hi such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 8 of 10 #19793v7 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax:714- 647-6956 With courtesy copies to: Executive Director, Parks Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-4211 To Contractor: Ocean Blue Environmental Services, Inc. Attn: Justin Lee, Administrative Director 925 West Esther Street Long Beach, CA 90813 JLeeCa,ocean-blue.com Page 9 of 10 #19793v7 N-2024-178 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Br' n Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: )�S_tbg_ P—k Sm11 T.a, r NlJ 15:77 POI Hawk Scott Executive Director, Parks, Recreation and Community Services Agency CITY OF SANTA ANA GGLJ Alvaro Nunez Acting City Manager CONTRACTOR: Name: IN LEE Title: PRESIDENT Page 10 of IO #19793v7 EXHIBIT A Scope of Services Ocean Blue Environmental at Santa Ana Zoo Overview The Santa Ana Zoo, in efforts to support its mission as a conservation organization, requires assistance with properly collecting waste material that cannot be processed through the City's waste management company, Republic Services. This waste includes but is not limited to: e-waste, medical waste, hazardous chemical waste, gas cylinder, and oil/oily debris. Requirements • All personnel must have (at a minimum) 40-hr HAZ-WOPER training as specified by 29 CFR 1910.120 Contractor Obligations Contractor obligations include but are not limited to the following services. • Provide staffed visits on an approximately quarterly basis to the Santa Ana Zoo to safely and expeditiously collect and process various types of accumulated hazardous waste, including, but not limited to: e-waste, medical waste, hazardous chemical waste, gas cylinders, and oil/oily debris. • Contractor will respond to requests for pick up services to arrange dates/times within one week. • Ocean Blue personnel will provide lab packs; manifest waste; and collect, transport, and dispose of waste at respective partner facilities. • Advise zoo staff on proper waste collecting procedures, including container types, labels, and locations. • Provide storage, transport, and proper legal disposal of collected waste. • Optimize reuse and recycling of collected items when possible. • Provide manifests of processed waste. City Responsibilities • Provide general direction and assistance as needed to complete hazardous waste collection. • Collect and store hazardous waste in a safe and organized fashion until it can be picked up by Ocean Blue. Fee Proposal DEFINITIONS Straight Time: Monday through Friday, from 7:00 AM to 4:00 PM Overtime: Monday through Friday, before 7:00 AM and after 4:00 PM, and all day on Saturdays Premium Time: Sundays, Holidays, and after 12 hours of work Holidays Observed New Year's Day, Martin Luther King, Jr.'s Birthday, Veterans Day, Fourth of July, Labor Day, Presidents Day, Memorial Day, Columbus Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day MINIMUM CHARGES Four (4) hour minimum charges will apply to all call outs. Portal to Portal rates apply. Time charges include personnel equipment and materials for preparation, mobilization, travel to and from site, demobilization, decontamination, transportation and unloading. PREVAILING WAGE An additional $40 per hour will be added to personnel and equipment with operator rate. PAYM ENT TERMS All terms are net -thirty (30) days upon receipt of invoice, unless previous arrangements have been made. All emergency response work for non -established customers is C.O.D. DISPOSAL AND OUTSIDE COSTS All disposal, services, non -heavy equipment rentals, and materials not on the rate sheet will be billed at cost plus a ten percent (10%) handling charge. Heavy equipment rental will be billed at cost plus ten percent (10%) handling charge due to high liability cost. Item or Service Each Hourly - Straight Time Hourly - Overtime Hourly - Premium Time All call outs. Portal to Portal rates apply. Time charges include personnel, equipment and materials for preparation, mobilization, travel to and from site, demobilization, decontamination, transportation and unloading. Four (4) hour minimum charges will apply DISPOSAL AND OUTSIDE COSTS All disposal, services, non -heavy equipment rentals, and materials not on the rate sheet cost plus a ten percent (10%) handling charge Heavy equipment rental cost plus ten percent (10%) handling charge Personnel and equipment with operator rate An additional $40 per hour will be added HAZARDOUS WASTE -TRAINED PERSONNEL PROJECT MANAGER $99.27 $118.44 $169.02 SUPERVISOR $99.27 $118.44 $169.02 CHEMIST / INDUSTRIAL HYGIENIST $99.27 $118.44 $169.02 LEAD TECHNICIAN $62.10 $87.84 $114.57 EQUIPMENT OPERATOR $62.10 $87.84 $114.57 TECHNICIAN $62.10 $87.84 $114.57 CERTIFIED HAZARDOUS WASTE TRANSPORTATION VEHICLES 25' EQUIPMENT TRAILER $38.16 BOB CAT W/SOLID TIRES $59.22 CREW VAN $47.70 EMERGENCY RESPONSE UNIT - LARGE $252.99 EMERGENCY RESPONSE UNIT - SMALL $175.68 GEAR TRUCK W/ LIFTGATE $54.45 STREET SWEEPER $95.49 UTILITY TRUCK 4X4 W/TRAFFIC CONTROL LIGHTS & LIFTGATE $54.45 VACUUM TRAILER - 20 BBL $59.22 *EQUIPMENT INCLUDING OPERATOR AN ADDITIONAL $29.00 PER HOUR AN ADDITIONAL $39.00 PER HOUR 25' BOX VAN" $102,15 45' BOX VAN* $118.44 45' FLAT BED* $118.44 AIR EXCAVATOR* $145.17 DUMP TRUCK - 10 WHEEL* $102.15 HYDRO EXCAVATOR* $269.28 JETTER / VACTOR COMBO UNIT* $269.28 OMNI VAC - 85 BBL* $269.28 ROLL -OFF TRUCK AND TRAILER* $166.14 ROLL -OFF TRUCK* $145.17 TRASH COMPACTOR* $202.41 VACUUM TRUCK - 120 BBL STAINLESS STEEL" $188.10 VACUUM TRUCK - 120 BBL* $166.14 VACUUM TRUCK - 70 BBL W/ ROPER PUMP* $145.17 MATERIALS 10 GALLON DOT DRUM, STEEL $54.45 15 GALLON DOT DRUM, POLY $54.45 16 GALLON DOT DRUM, STEEL $54.45 20 GALLON DOT DRUM, STEEL $57.33 30 GALLON DOT DRUM, POLY $57.33 30 GALLON DOT DRUM, STEEL $57.33 5 GALLON DOT DRUM $20.07 55 GALLON DOT DRUM, POLY $66.87 55 GALLON DOT DRUM, STEEL $65.88 55 GALLON DOT DRUM, BIC, $42.93 85 GALLON DRUM, OVERPAK, STEEL $241.56 95 GALLON DRUM, OVERPAK, POLY $241.56 ACID SPILFYTER NEUTRALIZER, 1 GALLON $84.06 BASE SPILFYTER NEUTRALIZER, 1 GALLON $84.06 BIO-SOLVE (HYDROCARBON ENCAPSULANT), 1 gallon $84.06 BLEACH, 1 gallon $4.77 CHEMICAL POLY TOTES $348.48 CHLOR-D-TECT Q4000 $20.07 CITRI-CLEAN, 55 GALLON DRUM $902.34 DIESEL FUEL (EQUIPMENT), 1 gallon $5.76 DRUM LINER $_2 88 DUCT TAPE ROLL $6.66 FACE SHIELD $14.31 HAND AUGER per day $94.50 HEPA VACUUM FILTER PROTECTORS $21.96 HEPA VACUUM REPLACEMENT BAGS $21.96 OIL SORBENT POM POMS, bale $62.10 PLASTIC BAGS, box $81.18 PLASTIC SHEETING, box $81.18 RAGS, 50 LB BOX $73.53 ROPE 1/2 POLY, 100' ROLL $35.37 ROPE 5/8 POLY, 100' SPOOL $40.14 SAMPLE JARS - 1QT $14.31 SAND BAGS $3.78 SHRINK WRAP $33.39 SIMPLE GREEN $14.31 SODA ASH, 1 gallon $6.66 SORBENT BOOM W/ JELLING MATERIAL SORBENT BOOM, 8"x10" $59.22 SORBENT PADS 18"x18"x1/4" (200/BALE) $97.38 SUPERFINE, 25 LB BAG $20.07 TRIWALL BOXES $169.02 VACTOR FLEX HOSE 4", per foot $1.89 VACTOR FLEX HOSE 6", per foot $2.88 Agreement -Ocean Blue Environmental (Special Waste Services)_FINAL_2.7.24 Final Audit Report Created: 2024-05-07 By: Stephanie Garcia (SGarcia5@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAANIJiR3thdVWGesReHG8vd62bC5sbuVq- 2024-05-07 "Agreement_ Ocean Blue Environmental (Special Waste Service s)_FINAL_2.7.24" History Document created by Stephanie Garcia (SGarcia5@santa-ana.org) 2024-05-07 - 10:21:44 PM GMT 0'. Document emailed to Hawk Scott (hscott@santa-ana.org) for signature 2024-05-07 - 10:21:48 PM GMT Email viewed by Hawk Scott (hscott@santa-ana.org) 2024-05-07- 10:22:27 PM GMT b© Document e-signed by Hawk Scott (hscott@santa-ana.org) Signature Date: 2024-05-07 - 10:22:41 PM GMT - Time Source: server Agreement completed. 2024-05-07 - 10:22:41 PM GMT Q Adobe Acrobat Sign /-- N OCEABLU-06 IDAVIS2 DATE(MM/ODIYYYY) 5/6/2024 .A4* 2 CERTIFICATE OF LIABILITY INSURANCE 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: If the certificate holder is an ADD Ti0JNA_\L�I/N.SaW ED, thI11]eme[Ppa�li,,��}'(�l.e,,a must ADDITIONAL INSURED provisions or be endorsed. AU GA IVED, subject to the G rin r fLcl�ldtjth9)t.�(i�'N phismay require an endorsement. A statement on 1 n c nfer ri hts to the certi0� rite h�ioldB�Illn Ileu offsyss(GGG�ch�—en-d sement s . J Lie e 5 76 Y1 Angle A colurncT I' Davis HUB Internet! i surance Services Inc. 9855 Scranton Road Suite 100 Date. S iego, CA 92121 FAx (A/C, No, Est: 825-2681 A/C. No :(951) 231-2572 A I is@hubinternational.com R B AFFORDING COVERAGE NAIC N INsu - s Insurance Company 17370 _ SL IN isk Insurance Company 10885 INSURER C -Great Divide Insurance Company 25224 Ocean Blue Environmental Services, Inc. INSURER 0 925 West Esther Street Long Beach, CA 90813 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER' RFVIRIr7N N[IMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVEBEEN ISSUEDTOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF POLICY UPAJIL LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FA] OCCUR X X GLP2040732.10 711/2023 71112024 EACH OCCURRENCE 1,000,000 DAMAGETORENTED 100,000 MED EXP (Any oneperson) 5,000 PERSONAL B ADV INJURY 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY JE2T LOC GENERALAGGREGATE 2,000,000 GENT X PRODUCTS - COMP/OP AGG 2,000,000 X OTHER- DED: $50,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X BODILY INJURY Per arson ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOSpS X X BAP204073510 711/2023 7/1/2024 BODILY INJURY Per accident Por.OP.E.Eent AMAGE X AIIIRTOS ONLY AUTO ONLY MCS-90 Pollution A UMBRELLA LIAB X OCCUR EACH OCCURRENCE 9,000,000 AGGREGATE 91000,000 X EXCESS LIAB CLAIMS -MADE FFX2040737-10 7/1/2023 711/2024 DED I I RETENTION$ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN OFFICEtory EMBERn NH) EXCLUDED? ❑N If yes, describe under DESCRIPTION OF OPERATIONS below NIA X WCA2040736-10 711/2023 7/1/2024 X PER OTH- E.L. EACH ACCIDENT(Manda 1000000 E.L. DISEASE - EA EMPLOYE 1,,000,,000 E.L. DISEASE - POLICY LIMIT 1,000,000 A Pollution Liability X CPP2040739-10 7/1/2023 71112024 Each Occ/Aggregate 5,000,000 A Professional Liabili CPP2040739.10 7/1/2023 71112024 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Project Number: A-2021-198; First Amendment To Agreement To Provide Spill Response, Hazardous Waste Disposal, And Storm Drain Facility Maintenance Services City of Santa Ana, officers, agents, employees, and volunteers are Additional Insured's with regards to the General Liability policy when required by a written contract, per the attached endorsement forms CG2038 12/19 and CG2040 12119. Primary wording applies with regards to the General Liability policy when required by a written contract, per the attached endorsement form CG2001 12119. Waiver of Subrogation applies with regards to the General Liability policy when required by a written contract, per the attached endorsement form CG2453 12119. Additional Insured applies with regards to the Auto Liability policy when required by a written contract, per the attached endorsement form BENVCA0619/17. Waiver of Subrogation applies with regards t0 the Auto Liability SEE ATTACHED ACORD 101 SHOULD ANY OF THE ABOVE DESCF City of Santa Ana THE EXPIRATION DATE THEREr ACCORDANCE WITH THE POLICY PR Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE 7.r�rdL%&r-rdLL ACORD 25 (2016/03) @ 1988-2015 ACORD The ACORD name and logo are registered marks of ACORD REVIEWED & APPROVED By: A-f , AuI Risk Management Spedalist AGENCY CUSTOMER ID: OCEABLU-06 LOC #: 1 ADAVIS2 ACORO" '6-1 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#0757776 NAMED INSURED HUB International Insurance Services Inc. Ocean Blue Environmental Services, Inc. 925 West Esther Street Long Beach, CA 90813 POLICY NUMBER EE PAGE 1 CARRIER NAIL CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: policy when required by a written contract, per the attached endorsement form CA0444 10113. Auto Pollution applies per the attached form CA9948 10113. Waiver of Subrogation applies with regards to the Workers Compensation policy when required by a written contract, per the attached endorsement form WC040306 04184. Excess Liability follows form to the General Liability, Auto Liability and Employers Liability. MCS-90 applies to the Auto Liability and Excess Liability per the attached forms. REVIEWED & APPROVED BY: Ag:2 Aca44 Risk Management St eodw ACORD 101 (2008101) © 2008 ACORD The ACORD name and logo are registered marks of ACORD Policy Number: GLP2040732-10 COMMERCIAL GENERAL LIABILITY CG 20 38 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured described in Paragraph 1. or 2. above. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person(s or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury', involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or ta.knpwoM� MmeAm & APPROVED BY A-j-u AaN44 MRisk Management Spenaliet CG 20 38 12 19 ©insurance Services Office, Inc., 2018 Page 1 of 2 b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Rick MaragemottDWIDn Riwie*M&APPRov®Rr. A+u A.41V44. �. ® Risk Management Spedalist Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 38 12 19 Policy Number: GLP2040732-10 COMMERCIAL GENERAL LIABILITY CG 20 40 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT (COMPLETED OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you have performed operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" performed for the additional insured described in Paragraph 1. or 2. above and included in the 'products -completed operations hazard". However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury" or 'property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. CG 20 40 12 19 © Insurance Services Office, Inc., 2018 a � RI+nEwm SMPqMODSr Aj�, A,evule Risk Management Speoaint Of Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 ®® RWeMwugardr&DWn lkBe&APPRrnBr A.ya Acua Risk Management Sp CG 20 40 12 19 Policy Number: GLP2040732-10 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 © Insurance Services Office, Inc., 2018 RAMvwgenadDMsian td REVIEWED & APPRD ar. A+� Acaefa '—�—� Risk Management Speoehst 01 Page 1 of 1 Policy Number: GLP2040732-10 COMMERCIAL GENERAL LIABILITY CG 24 53 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. RlekMvogemW.DMsbn j�Renewm 6 A"Rov® BY. � Air AcW� Risk Management Specialist CG 24 53 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 CG 24 53 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 BENV CA 06 09 17 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. BUSINESS AUTO — ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section II - Liability Coverage A. - Coverage, 1. Who is an Insured, is amended to add: d. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into, excluding contracts or agreements for professional services, which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy; or 2. The coverage and/or limits required by said contract or agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Includes copyrighted material of Insurance services Office, Inc., with its permissio 77 R1&MaugemvdU""an ReVEwm&APPROVED8r; A+.g�, A,w44 ® Risk Management Speu Aut BENV CA 06 09 17 Page 1 of 1 POLICY NUMBER: BAP2040735-10 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Ocean Blue Environmental Services, Inc. Endorsement Effective Date: 07/01/23 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any Principal wherein such waiver has been included before loss as part of a contractual undertaking by the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the 'loss" under a contract with that person or organization. Risk MRrugaWdDMslart f wEwED 6 MrRovm Br. ' EM A+-P ACIW44 Risk Management Spetlakst Of CA 04 44 10 13 © Insurance Services Office, Inc.,2011 Page 1 of 1 COMMERCIAL AUTO CA99481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS - BUSINESS AUTO AND MOTOR CARRIER COVERAGE FORMS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Covered Autos Liability Coverage is changed "Covered pollution cost or expense" does not as follows: include any cost or expense arising out of the 1. Paragraph a. of the Pollution Exclusion actual, alleged or threatened discharge, applies only to liability assumed under a dispersal, seepage, migration, release or contract or agreement. escape of "pollutants": 2. With respect to the coverage afforded by a. Before the "pollutants" or any property Paragraph A.I. above, Exclusion B.6. Care, in which the pollutants" are contained Custody Or Control does not apply. are moved from the place where they are accepted by the "insured" for B. Changes In Definitions 9 movement into or onto the covered For the purposes of this endorsement, Paragraph "auto"; or D. of the Definitions Section is replaced by the b. After the "pollutants" or any property in following: which the "pollutants" are contained are D. "Covered pollution cost or expense" means moved from the covered "auto" to the any cost or expense arising out of: place where they are finally delivered, 1. Any request, demand, order or statutory or disposed of or abandoned by the regulatory requirement that any "insured" or insured". others test for, monitor, clean up, remove, Paragraphs a. and b. above do not apply contain, treat, detoxify or neutralize, or in to "accidents" that occur away from any way respond to, or assess the effects premises owned by or rented to an of "pollutants"; or "insured" with respect to "pollutants" not in 2. Any claim or "suit" by or on behalf of a or upon a covered "auto" if: governmental authority for damages (1) The "pollutants" or any property in because of testing for, monitoring, cleaning which the "pollutants" are contained up, removing, containing, treating, are upset, overturned or damaged as detoxifying or neutralizing, or in any way a result of the maintenance or use of responding to or assessing the effects of a covered "auto"; and "pollutants". (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. RlekMmagenvdDM&Wn �j RenerED & APPRo Eh-. Rlsh Management Speaahst CA 99 48 10 13 © Insurance Services Office, Inc., 2011 Page 11 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 04 84 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0.00% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Any person or organization as required in writing by contract or agreement prior to loss. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy) Endorsement Effective 07/01 /2023 Insured Ocean Blue Environmental Services, Inc. Insurance Company: Great Divide Insurance Company Policy No. WCA2040736 10 Countersigned by Endorsement No. WC 04 03 06 04 84 1998 by the Workers' Compensation Insurance Rating Bureau of Califor All rights reserved. From the WCIRB's California Workers' Compensa Insurance Forms Manual 2001. Premium 77 1tWe MmVewdDf blm RenEw & NVRovw8r. A-qu Acw44 , ® Risk Management Spea list 'h FORM MCS-90 OMB No.: 2126.0008 Expiration: 5/31/2024 USDOT Number: Date Received: Please note, the expiration date as stated on this form relates to the process for renewing the Information Collection Request for this form with the Office of Management and Budget. This requirement to collect information as requested on this form does not expire. For questions, please contact the Office of Registration and Safety Information, Registration, Licensing, and Insurance Division. A Federal Agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2126-0008. Public reporting for this collection of information is estimated to be approximately 2 minutes per response, including the time for reviewing instructions, gathering the data needed, and completing and reviewing the collection of information. All responses to this collection of information are mandatory. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Motor Carrier Safety Administration, MC-RRA, Washington, D.C. 20590. I„». *t United States Department of Transportation +, ,9 Federal Motor Carrier Safety Administration Endorsement for Motor Carrier Policies of Insurance for Public Liability under Sections 29 and 30 of the Motor Carrier Act of 1980 FORM MCS-90 Issued to Ocean Blue Environmental Services, Inc. of 925 West Esther Street Long Beach, CA 90813 (Motor Carrier name) (Motor Carrier state or province Dated at 99 Summer, Street, Boston, MA 02110 on this 28 day of June, 2023 Amending Policy Number: BAP2040735-10 Effective Data: 07101/2023 Name of Insurance Company: Key Risk Insurance Company Countersigned by: a- _/)).4 (authorized company representative) The policy to which this endorsement is attached provides primary or excess insurance, as indicated for the limits shown (check only one): This insurance is primary and the company shall not be liable for amounts in excess of $ 1,000,000 for each accident. ❑ This insurance is excess and the company shall not be liable for amounts in excess of $ for each accident in excess of the underlying limit of $ for each accident. Whenever required by the Federal Motor Carrier Safety Administration (FMCSA), the company agrees to furnish the FMCSA a duplicate of said policy and all its endorsements. The company also agrees, upon telephone request by an authorized representative of the FMCSA , to verify that the policy is in force as of a particular date. The telephone number to call is: 867-265-7482. Cancellation of this endorsement may be effected by the company of the insured by giving (1) thirty-five (35) days notice in writing to the other party (said 35 days notice to commence from the date the notice is mailed, proof of mailing shall be sufficient proof of notice), and (2) if the insured is subject to the FMCSA:s registration requirements under 49 U.S.C. 13901, by providing thirty (30) days notice to the FMCSA (said 30 days notice to commence from the date the notice is received by the FMCSA at its office in Washington, DC). Filings must be transmitted online via the Internet at_hftp:lhw .fmrsa.dot.gov/urs. 1-I It PJrle MougenatDMsion RenE S APPRov® Br. A.-gu illaNda Risk Managanen[Spedalist FORM MCS-90 Page 1 of 3 Rev 6/3/2021 FORM MCS-90 OMB No.: 2126.0008 Expiration: 5/31/2024 DEFINITIONS AS USED IN THIS ENDORSEMENT Accident includes continuous or repeated exposure to conditions or which results in bodily Injury, property damage, or environmental damage which the insured neither expected nor intended. Motor Vehicle means a land vehicle, machine, truck, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway for transporting property, or any combination thereof. Bodily Injury means injury to the body, sickness, or disease to any person, including death resulting from any of these. Property Damage means damage to or loss of use of tangible property. The insurance policy to which this endorsement is attached provides automobile liability insurance and is amended to assure compliance by the insured, within the limits stated herein, as a motor carrier of property, with Sections 29 and 30 of the Motor Carder Act of 1980 and the rules and regulations of the Federal Motor Carder Safety Administration (FMCSA). In consideration of the premium stated in the policy to which this endorsement Is attached, the insurer (the company) agrees to pay, within the limits of liability described herein, any final judgment recovered against the insured for public liability resulting from negligence in the operation, maintenance or use of motor vehicles subject to the Financial responsibility requirements of Sections 29 and 30 of the Motor Carrier Ad of 1980 regardless of whether or not each motor vehicle is specifically described in the policy and whether or not such negligence occurs on any route or in any territory authorized to be served by the insured or elsewhere. Such insurance as is afforded, for public liability, does not apply to injury to or death of the insured's employees while engaged in the course of their employment, or property transported by the insured, designated as cargo. It is understood and agreed that no condition, provision, stipulation, or limitation contained in the policy, this endorsement, or any other endorsement thereon, Environmental Restoration means restitution for the loss, damage, or destruction of natural resources arising out of the accidental discharge, dispersal, release or escape into or upon the land, atmosphere, watercourse, or body of water, of any commodity transported by a motor carrier. This shall include the cost of removal and the cost of necessary measures taken to minimize or mitigate damage to human health, the natural environment, fish, shellfish, and wildlife. Public Liability means liability for bodily Injury, property damage, and environmental restoration. or violation thereof, shall relieve the company from liability or from the payment of any final judgment, within the limits of liability herein described, irrespective of the financial condition, insolvency or bankruptcy of the insured. However, all terms, conditions, and limitations in the policy to which the endorsement is attached shall remain in full force and effect as binding between the insured and the company. The insured agrees to reimburse the company for any payment made by the company on account of any accident, claim, or suit involving a breach of the terms of the policy, and for any payment that the company would not have been obligated to make under the provisions of the policy except for the agreement contained in this endorsement. It is further understood and agreed that, upon failure of the company to pay any final judgment recovered against the insured as provided herein, the judgment creditor may maintain an action in any court of competent jurisdiction against the company to compel such payment. The limits of the company's liability for the amounts prescribed in this endorsement apply separately to each accident and any payment under the policy because of any one accident shall not operate to reduce the liability of the company for the payment of final judgments resulting from any other accident. Risk MmagemodDvisiun o+43x only REVIEwso&APPROV®BY.' A4v? Auvale Risk Management Speaalist FORM MCS-90 Page 2 of 3 FORM MCS-90 OMB No.: 2126-0008 Expiration: 5/3112024 SCHEDULE OF LIMITS - PUBLIC LIABILITY Type of carriage Commodity transported January 1, 1985 (1) For -hire (in interstate or foreign Property (nonhazardous) commerce, with a gross vehicle $750,000 weight rating of 10,001 or more pounds). (2) For -hire and Private (in Interstate, Hazardous substances, as defined in 49 CFR 171.8, transported in $5,000,006 foreign, or intrastate commerce, with a cargo tanks, portable tanks, or hopper -type vehicles with capacities gross vehicle weight rating of 10,001 in excess of 3,500 water gallons; or in bulk Division 1.1, 1.2, and 1.3 or more pounds). materials, Division 2.3, Hazard Zone A, or Division 6.1, Packing Group 1, Hazard Zone A material; in bulk Division 2.1 or 2.2; or highway route controlled quantities of a Class 7 material, as defined (3) For -hire and Private (in interstate or Oil listed in 49 GFR 172.101; hazardous waste, hazardous $1,000,000 foreign commerce, in any quantity; or materials, and hazardous substances defined in 49 CFR 171.8 and in intrastate commerce, in bulk only; listed in 49 CFR 172.101, but not mentioned in (2) above or (4) with a gross vehicle weight rating of below. 10,001 or more pounds). (4) For -hire and Private (In interstate or Any quantity of Division 1. 1, 1.2 or 1.3 material; any quantity of a $5,000,006 foreign commerce, with a gross Division 2.3, Hazard Zone A, or Division 6.1, Packing Group 1, vehicle weight rating of less than Hazard Zone A material; or highway route controlled quantities of a 10,001 pounds). Class 7 material as defined in 49 CFR 173.403. "The schedule of limits shown does not provide coverage. The limits shown in the schedule are for information purposes only o„ =a..,,, Risk MawgemmtDtWfpn REVIEWED&APPROVe]BY: v Rhk Management Specialist 00 FORM MCS-90 Page 3 of 3 FORM MCS-90 OMB No.: 2126-0008 Expiration: 05/31/2024 USDOT Number: Date Received: Please note, the expiration date as stated on this form relates to the process for renewing the Information Collection Request for this form with the Office of Management and Budget. This requirement to collect information as requested on this form does not expire. For questions, please contact the Office of Registration and Safety Information, Registration, Licensing, and Insurance Division. A Federal Agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2126-0008. Public reporting for this collection of information is estimated to be approximately 2 minutes per response, including the time for reviewing instructions, gathering the data needed, and completing and reviewing the collection of information. Alf responses to this collection of information are mandatory. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Motor Carrier Safety Administration, MC-RRA, Washington, D.C. 20590. 1 �t United States Department of Transportation \M.V Federal Motor Carrier Safety Administration Endorsement for Motor Carrier Policies of Insurance for Public Liability under Sections 29 and 30 of the Motor Carrier Act of 1980 FORM MCS-90 Issued to Ocean Blue Environmental Services. Inc. of California (Motor Carrier name) (Motor Carrierstateorprovince) Dated at 4:05 pm est on this 27 day of 9 2023 Amending Policy Number: FFX2040737-10 Effective Date: 7/1/2023 Name of Insurance Company: Nautilus Insurance Company Countersigned by: AF Chris DeLauder (authorized company representative) The policy to which this endorsement is attached provides primary or excess insurance, as indicated for the limits shown (check on/yone) O This insurance is primary and the company shall not be liable for amounts in excess of $� nr each accident. This insurance is excess and the company shall not be liable foramounis in excess of $9,000,000 for each accident in excess of the underlying limitof $1,000,000 for each accident. Whenever required by the Federal Motor Carrier Safety Administration (FMCSA), the company agrees to furnish the FMCSA a duplicate of said policy and all its endorsements. The company also agrees, upon telephone request by an authorized representative of the FMCSA, to verify that the policy is in force as of a particular date. The telephone number to call is: 404-443-2040. Cancellation of this endorsement may be effected by the company or the insured by giving (1) thirty-five (35) days notice in writing to the other party (said 35 days notice to commence from the date the notice is mailed, proof of mailing shall be sufficient proof of notice), and (2) if the insured is subject to the FMCSA's registration requirements under 49 U.S.C. 13901, by providing thirty (30) days notice to the FMCSA (said 30 days notice to commence from the date the notice is received by the FMCSA at its office in Washington, DC). Filings must be transmitted online via the Internet at http://www.fmcsa.dot.gov/urs. Re EweD&APPR�B. A, �jcr A�eNt�a Risk Management Sped Mist FORM MCS-90 Page I of 3 Rev 6/3/2021 11[11] 110 so C1&S-111 OMB No.: 2126-0008 Expiration: 05/31/2024 DEFINITIONS AS USED IN THIS ENDORSEMENT Accident!ncludes continuous or repeated exposure to conditions or which results in bodily injury, property damage, or environmental damagewhichthe insured neitherexpected norintended. Motor Vehicle means a land vehicle, machine, truck, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway fortransporting property, or any combination thereof. Bodilyin%urymea ns injurytothe body, sickness, ordiseaseto any person, including death resultingfrom anyof these. Property Damage means damage to or loss of use of tangible property. The insurance policy to which this endorsement is attached provides automobile liability insurance and is amended to assure compliance by the insured, within the limits stated herein, as a motor carrier of property, with Sections 29 and 30 of the Motor Carrier Act of 1980 and the rules and regulations of the Federal Motor Carrier Safety Administration (FMCSA). In consideration of the premium stated in the policy to which this endorsement is attached, the insurer (the company) agrees to pay, within the limits of liability described herein, any final judgment recovered against the insured for public liability resulting from negligence in the operation, maintenance or use of motor vehicles subject to the financial responsibility requirements of Sections 29 and 30 of the Motor Carrier Act of 1980 regardless of whether or not each motor vehicle is specifically described in the policy and whether or not such negligence occurs on any route or in any territory authorized to be served by the insured or elsewhere. Such insurance as is afforded, for public liability, does not apply to injury to or death of the insured's employees while engaged in the course of their employment, or property transported by the insured, designated as cargo. It is understood and agreed t h a t no condition, provision, stipulation, or limitation contained in the policy, this endorsement, or any other endorsement thereon, Environmental Restoration means restitution for the loss, damage, or destruction of natural resources arising out of the accidental discharge, dispersal, release or escape into or upon the land, atmosphere, watercourse, or body of water, of any commodity transported by a motor carrier. This shall include the cost of removal and the cost of necessary measures taken to minimize or mitigate damage to human health, the natural environment, fish, shellfish, and wildlife. PublicLiabilitymeans liabilityforbodily injury, property damage, and environmental restoration. orviolation thereof, shall relieve the company from liability or from the payment of any final judgment, within the limits of liability herein described, irrespective of the financial condition, insolvency or bankruptcy of the insured. However, all terms, conditions, and limitations in the policy to which the endorsement is attached shall remain in full force and effect as binding between the insured and the company. The insured agrees to reimburse the company for any payment made by the company on account of any accident, claim, or suit involving a breach of the terms of the policy, and for any payment that the company would not have been obligated to make under the provisions of the policy except for the agreement contained in this endorsement. It is further understood and agreed that, upon failure of the company to pay any final judgment recovered againstthe insured as provided herein, thejudgment creditor may maintain an action in any court of competent jurisdiction against the company to compel such payment. The limits of the company's liability for the amounts prescribed in this endorsement apply separately to each accident and any payment under the policy because of anyone accident shall not operate to reduce the liability of the company for the payment of final judgments resulting from any other accident. a. Risk MwarnalDmdun Re terzeo 6 Appi ov®B . `EMMRW� 4p Aavda Rok Management Specialist of FORM WS-90 Page 2 of FORNI NICS-90 OMB No.: 2126-0008 Expiration: 05/31/2024 SCHEDULE OF LIMITS - PUBLIC LIABILITY Type of carriage Commodity transported January 1, 1985 (1) For -hire (in interstate orforeign commerce, with a Property (nonhazardous) $750,000 gross vehicle weight rating of 10,001 or more pounds). (2) For -hire and Private (in interstate, foreign, or Hazardous substances, as defined in 49 CFR 171.8, $5,000,000 intrastate commerce, with a gross vehicle weight rating transported in cargo tanks, portable tanks, or hopper - of 10,001 or more pounds). type vehicles with capacities in excess of 3,500 water gallons; or in bulk Division 1.1, 1.2, and 1.3 materials, Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A material; in bulk Division 2.1 or 2.2; or highway route controlled quantities of a Class 7 material, as defined in 49 CFR 173.403. (3) For -hire and Private (in interstate or foreign Oil listed in 49 CFR 172.101; hazardous waste, $1,000,000 commerce, in any quantity; or in intrastate commerce, hazardous materials, and hazardous substances in bulk only; with a gross vehicle weight rating of defined in 49 CFR 171.8 and listed in 49 CFR 172.101, 10,001 or more pounds). but not mentioned in (2) above or (4) below. (4) For -hire and Private (In interstate or foreign Any quantity of Division 1.1, 1.2, or 1.3 material; any $5,000,000 commerce, with a gross vehicle weight rating of less quantity of a Division 2.3, Hazard Zone A, or Division than 10,001 pounds). 6.1, Packing Group I, Hazard Zone A material; or highway route controlled quantities of a Class 7 material as defined in 49 CFR 173.403. "The schedule of limits shown does not provide coverage. The limits shown in the schedule are for information purposes only. Risk Mariagarwd Divislan IF Revlewm 4 Arraovm Sr: 'MERTEEM? A+ fe Area ® Risk Management Specidist FORM NICS-90 Page 3 of 3 OCEABLU-06 ADAVIS2 ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/28/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of suc,i an gment($) PRODUCER License#07 776 'oNr T)Iift �A'ME: HUB International Ins cees i "DN 825-2681 951 31-2572 9855 Scranton Road %c,No,Ext):( ) (A/C,No):( ) Suite 100 a DRIE :alisha.davis@h international.co San Diego,CA 921 _ S DI NAIC# iNSL 'ERAMeg4hester Surplus Lines Insurance Co. 10172 INSURED I INSUR C r pert It In m n 20699 Ocean B nvir a ice I INsuR ^.a 11991 925 We E e tree INSURER D: __ Long c 081 INSUR E _ INSUREI F 0• I J• COVERAGES CERTIFICATE NUMBER: 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 CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR G47475843 001 7/1/2024 7/1/2025 DAMAGE TO RENTED 100,000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JECT1:1 LOC PRODUCTS-COMP/OP AGG $ 2,000,000 X OTHER:DED: $5,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1 000 000 Ea accident $ X ANY AUTO X X H08886301 001 7/1/2024 7/1/2025 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 9,000,000 X EXCESS LIAB CLAIMS-MADE G47475855 001 7/1/2024 7/1/2025 AGGREGATE $ 9,000,000 DED RETENTION$ $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN WCC340082A 7/1/2024 7/1/2025 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A X E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Pollution/Environm X G47475843 001 7/1/2024 7/1/2025 Each Occ/Aggregate 1,000,000 A Professional Liabili G47475843 001 7/1/2024 7/1/2025 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 1D1,Additional Remarks Schedule,may be attached if more space is required) RE: Biohazard crime scene clean up and jail decontamination services City of Santa Ana,officers,agents,employees,and volunteers are Additional Insured's with regards to the General Liability policy when required by a written contract,per the attached endorsement forms CG2010 04/13 and CG2037 04/13.Primary wording applies with regards to the General Liability policy when required by a written contract,per the attached endorsement form ENV3252 12/18.Waiver of Subrogation applies with regards to the General Liability policy when required by a written contract,per the attached endorsement form ENV3143 03/05.Additional Insured applies with regards to the Auto Liability policy when required by a written contract,per the attached endorsement form BENVCA06 19/17.Waiver of Subrogation applies with regards to the Auto Liability policy when required by a written contract,per the attached endorsement form DA13115A 06/14.Auto Pollution applies per the attached form CA9948 10/13. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POILICIFR RE CANCFLLFD BEFORE THE EXPIRATION DATE THEREO City of Santa Ana ACCORDANCE WITH THE POLICY PR( Risk Management Division " " R[eleManagprnentDms REVIEWED&P>PPROVm BY. 20 Civic Center Plaza o=' Santa Ana,CA 92702 AUTHORIZED REPRESENTATIVE Aecv44 ® Risk Management Specialist ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD