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HomeMy WebLinkAboutGlobal Diving and Salvage - 2021-10-04 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND GLO13AL DIVING AND SALVAGE FOR AS-NEEDED MARINE VESSEL SALVAGE AND ASSOCIATED HAZARDOUS WASTE DISPOSAL SERVICES THIS AGREEMENT ('Agreement") is made and entered into by and between the Cite of 1-113ntin6ton Beach, a municipal corporation of the State of California, hereinafter called --City," and Global Dieing R Salvage, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in roof replacement 13. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement; Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: I. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. -These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Jim Greene, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. Cite Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 21-10063/263190 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services,the rates and charges identified in Exhibit "B.- b. Payment by City shall be made within thirty(30)days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. C. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence 26A _ . or as soon as practicable after the execution of this Agreement by City(the"Commencement Date")and terminate three (3) year after commencement date, unless terminated earlier in accordance with the provisions of this Agreement. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A"or changes in the scope of services described in Exhibit"A,"Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation,all original drawings, designs, reports, both field and office notices, calculations,computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 7. Hold Ilarmless To the fullest extent of the law, Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers,elected or appointed officials, employees, 21-10063/263190 2 agents. and volunteers front and against any and all claims, damages. losses, expenses, Judgments. demands and defense costs. or liability ofany kind or nature. however caused. including those resulting from death or injury to Contractor's employees and clamage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor. any subcontractors, anyone direct[\, or indirectly employed by any of them or anyone for whose acts any of them may be liable. including hot not limited to concurrent active or passive negligence. except \\,here caused by the active negligence. sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor`s counsel. This indemnity shall apply to all claims and liability regardless of'whether any insurance policies are applicable. "]'he policy limits do not act as a limitation upon the amount of indcmnif ication to be provided by Contractor. 8. Workers Contnensation Insurance Pursuant to California labor Code Section 1861. Contractor acknowledges awareness of Section 3700 et sex. of this Code. which requires every employer to be insured against liability for workers' compensation: Contractor covenants that it will comp[\• with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the teens ofthe workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liabilitv Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend. hold harmless and indemnify City. Contractor shall obtain and furnish to City, a policy of general public liability insurance. including motor vehicle coverage covering the Project/Service. "]'his policy shall indemnify Contractor. its officers, employees and agents while acting within the scope of their duties. against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage. including products/completed operations liability and blanket contractual liability, of Onc Million Dollars (SI.000.000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit. the aggregate limit must be no less than One Million Dollars (SI.000.000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1.000.000) for this Project/Service. This policy shall name City. its officers. elected or 2t-10063/263190 3 appointed officials, employees, agents, and volunteers as Additional Insureds. and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 10. Certificate of Insurance Prior to conlrnencing performance of the work hereunder. Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy: b. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thin (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense. hold harmless and indemnification obligations as set forth in this Agreement. Clty or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. Independent Contractor Contractor is. and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment ofall taxes, social security, state disability insurance compensation. unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 12. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests. direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 2 1-10063/263 190 4 13. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event. Contractor shall be entitled to receive and the Cite shall pay Contractor compensation for all services performed by Contractor prior to receipt ol'such notice of termination. subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date. and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. la. Exclusivih and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor. Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, deleeation 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. 16. Cih Emplovees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 2 1-10063/263 190 5 17. Notices Any notices. certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section I hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To Citv: Contractor: City of Huntington Beach Global Diving and Salvage Attn: Fire Chief Attn: Jim Greene 2000 Main Street 3840 W. Marginal Way SW Huntington Beach, CA 92648 Seattle. WA 98106 18. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 19. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 20. Section Headings 'I-he titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and arc included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of anv provision of this Agreement. 21. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If' any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be 2t-I0063/263190 6 deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or Future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 22. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 23. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions ol'the United States Code regarding employment verification. 24. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of ser ices contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charier Section 309, the City Attorney is the exclusive legal counsel for City: and City shall not be liable for payment of any legal services expenses incurred by Contractor. 25. Confidentiah", Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 2 1-10063/263 190 7 26. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability. as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 27. Jurisdiction — Venue This Agreement and all questions relating to its validity. interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance. and enforcement of any of' the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of'. in connection with or by reason ol'this Agreement. 28. Professional Licenses Contractor shall, through the term of this Agreement. maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States. the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 29. Attornev's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each part% shall bear its own attorneys fees, such that the prevailing party shall not be entitled to recover its attorneys fees from the non-prevailing party. 30. Sun-k-al Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 31. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 2 1-10063/263 190 8 32. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 33. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and Vroluntarily following extensive arm's length negotiation. and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises. agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation. inducement, promise, agreement warranty,. fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21-10063/263190 9 34. Effective Date IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF HUNTINGTON BEACH, GLOBAL DIVING AND SALVAGE a municipal corporation of the State of California y By: �.. print name City Manager ITS: (circle are)ChainnWPresidentNice President INITIATED AND APPROVED: AND Fire Chie By: APPROVED AS TO FORM: print pr name ( a ( ��� ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary—Traesurer r ,.CityAttomey Date RECEIVE AND FILE: 4qiol , �&4 City Clerk Date ia�oy�2a.2/ COUNTERPART 21-10064/263170 10 34. Effective Date IN WITNESS WIIEREOF,the parties hereto have caused this Agreement to be executed by and through their authuriml officers. This Agreement shall be effective on the date of its approval by the City Allorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF HUNTINGTON BEACH, GLOBAL DIV A LVAOE a municipal corporation of the State of California By: / City Manager print Man ITS: (circle am)Ch,irm all%i Via V�P�ia�d,nr / INITIATED AND APPROVED: AND Fire Chief By: DrUo M G2 IUN,4,l/ APPROVED AS TO FORM: print name ii( IT;?:_(Ffrola ox,)Secrgary/(,-hlef ntnelal0flker� . - tar 'fYeanaa City Attorney Date i RECEIVE AND FILE: I� City Clerk Date f i COUNTERPART 21-10064/263170 10 EAMBIT "A" A. STATEMENT OP WORK: (Narrative of work to be performed) Vessel removal and disposal of liquids and hazardous waste in tanks B. CONSULTANT'S DUTIES AND RF.SPONSIBILITIF.S: I. Remove vessels and dispose of liquids and hazardoUS waste on an as-needed basis C. CTTY'S DUTIES AND RESPONSIBILITIES: I. CitY shall obtain title and/or ownership to any vessel prior to Contractor removing and/or disposal: 2. City shall be named the generator of any waste that Contract is contracted to remove and/or dispose. D. WORK PROGRAM/PROJECT SCHEDULE: 21-10063/263191 EXHIBIT B GLOBAL City of Huntington Beach a 1ERmmpsny Vessel Salvage & Hazardous Waste Disposal 5.2 Pricing Because this RFP is for on-call services and does not put forth a clearly defined scope of work, Global has elected to provide day rate pricing for this proposal (see table below). Every casualty response and vessel removal is different; thus crew size and equipment needs will vary greatly. A standard surface supplied dive station has also been priced but in no way reflects ancillary equipment that will be needed according to each casualty response. Variations in crew size might mean extra divers, tenders or project management. Variations in equipment needs could mean lift bags, tool compressors, hydraulics and pumps. Equipment and materials will be billed at current Global tariff rates or cost + 15%. For environmental response operations, Global subcontracts US Ecology; their rate sheet has been included. Additional vendors and services that are often required for vessel salvage and removal services, depending on the size and scope of the project, include tug and barge companies, crane companies and trucking companies. Global marks up all vendors and subcontractors 15%. Day Rate Pricing Table: 8 Hour Work Day Unit Unit Price Global 3 man Dive Crew 8 Hour Shift Mon - Fri DAY $4,690.00 Globa13 man DiveCrew 8 Hour Shift SaturdayDAY $6,216.00 Global 3 man DiveCrew 8 Hour Shift Sunday DAY $7,776.00 Global 3 Man Dive Crew OverTime(if required) HR $777.00 Global Man Dive Crew Premium Time(if required) HR $972.00 Global4 man Dive Crew 8 Hour Shift Mon-Fri DAY $6,082.00 Global4 man DiveCrew 8 Hour Shift Saturday DAY $8,098.00 Global4 man Dive Crew 8 HourShift Sunday DAY $10,114.00 Global4 Man Dive Crew OverTime(if required) HR $1,013.00 Global4 Man DiveCrewPremiumTime(if required) HR $1,265.00 SOHourWorkDay Unit Unit Price Global 5 man Dive Crew 10 HourShift Mon-Fri DAY $10,133.00 Global 5 man Dive Crew 10 HourShift Saturday DAY $13,283.00 Global 5 man Dive Crew 10 Hour Shift Sunday DAY $15,803.00 13 GLOBAL City of Huntington Beach aALFAcompany Vessel Salvage & Hazardous Waste Disposal Global5 Man Dive Crew Over Time(if required) HR $1,266.00 Globa15 Man Dive Crew Premium Time(if required) HR $1,581.00 12 Hour Work Day Unit Unit Price Global 5 manDive Crew 12 Hour Shift Mon-Fri DAY $12,663.00 Global 5 man Dive Crew 12 Hour Shift Saturday DAY $16,443.00 Global 5 man Dive Crew 12 Hour Shift Sunday DAY $18,963.00 Mobilization/Demobilization/Travel/Pile Buck/Stdby Unit Unit Price Mobilization EACH $3,700.00 Demobilization EACH $3,700.00 Travel and Pile Buck Rate HR $111.00 4 Man 8 hour stand by rate DAY $3,552.00 5 Man 8 hour stand by rate DAY $4,440.00 14 Client#: 1722331 MORANTOW ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE s/z8rzozl2021 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder In Ilou of such endorsoment(s). PRODUCER WtAul Matthew Green USI Insurance Services,LLC MG N,,E,e,973-965-3122 uc 261 Madison Ave n o" ss. matthew.green�usi.com New York,NY 10016 212842.3709 Insurance OROINO COVERADE 70 INsuasa A:Markel lnaurance Company 38970 INSURED INSURER 9:National Casually Company 11991 Global Diving&Salvage, Inc. Ironshore Specially Insurance Co 25445 3840 W.Marginal Way SW NSURERC: P Y INSURERD:Signal Mutual indemnity Assn.,Ltd. A56517 Seattle,WA 98106 Zurich American Insurance Company 1035 INSURER E: P Y INSURER i COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITIONOF 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. LTR TYPE OF INSURANCE NSR D POLICY NUMSERL22 MMNM P DMns A tXCO&MMERCIAL GENERAL LIABILITY Y Y RL2100142 0212012022 EACH OCCURRENCE s1,0001000 iE� aENlEo C1ADM MADE ❑X OCCUR $1,000,000 MEO EXP drs sRdd $1 000,000 PERSONALSADVINJURY $1,DO0,000 GENTAGGREGATELA11TAFFUESPER. AP0 1/ A GEN5MLAGGREGATE 52,000,000 _ POLICY�ECT LOO u I PRODUCTS-COMNOP AGO S2y0001000 OTHER: p�`f;� _ S E AWOMOSILELIABILM Y Y BAP466909 1 A L 02/20/202 CEO'-EOIEINNG EL UT Sp�g00,000 X u+Y"uro ((yy� aG1}JtYATTOk EY BODILYNURY(P«wuoa $ OWNED SCHEDULED C UNTI NOT 3NBEACH OOOILYINAIHY(Pmacc M) S AUTOS ONLY HI AUTOS 7O 5 RED ZT&NED PERTYDMUGE X AUrOSONLY X AUTOSONLY M_II X rive Oth C.r S A UMBRELLA LIAJI IV I OCCUR Y Y RL2100143 2/20/2021 0212012022 59.000.000 X EXCE95 LIAe CLNMSAUDE AGGREGATE S9,000,000 Do RETENTION S S B WORKERS COMPENSATION Y WCSIG35012203 1010112021 101011202 X IN"AND EMPLOYERV LIABILITY _$IIa➢LIE_ EB ANY PROPRIEETORIPARTNF.RIEXECUTNE Y] E.L.EACH ACCIDENT $1,000,000 OFFICERIVEMPF.RF.XCLUDF.D) NIA (N.ndat.l In NH) EL.DISEASE-FA EMPLOYEE S1,000,000 uyymm dsaum.a. DEBCflIPRON OF OPERATIONS Wa r$3 EASE-POLICY LINUT 5y000 C �ExcessAuto Y Y 004206801 0/01/2020 02/20/20200,000 D USL&H Y 5542 0/01/2021 10/01/202utory A Marine Hull Y Y RH2100163 212012021 02120/202Schedule DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101.A Wd IRama A%SchWU16.m.y W AM.Ph.d U meu W.b,*W1,0d) General Liability Policy#RL2100142 noted above Includes the following Coverages Effective:02/20/2021 to 0 212 0/20 2 2 $1,000,000 Marine Liability $1,000,000 Protection &Indemnity $1,000,000 Marltlmo Employers Liability (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Huntingdon Beach TMEULE ANY YAOOM DATE ABOVE THEREOF,E NOTICE IEWILL S BE CBE CDELIVEREO IELLED N 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE Lug + dz;P 01988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 Df 2 The ACORD name and logo are registered marks of ACORD #S33465166/M33372556 BXRC2 DESCRIPTIONS (Continued from Page 1) Professional Liability Policy#PEC426194801 I Zurich American Insurance Company 1 NAIC 16535 Effective:0212012021 to 02/20I2022 $15,000,000 Per Claim $15,000,000 Aggregate Contractors Pollution Liability Policy#PEC4261948011 Zurich American Insurance Company I NAIC 16535 Effective: 0 212 0/2 0 21 to 0212012022 $25,000.000 Par Claim $25,000,000 Aggregate Vessel Pollution Policy#54817961 Water Quality Insurance Syndicate Effective: 10/01/2020 to 0212012022 $1,000,000 Per Occurrence The General Liability,Automobile and Pollution Liability policies Includes an automatic Additional Insured endorsement that provides Additional Insured status to The City of Huntington Beach,Its officers,elected or appointed officials, employees,agents and volunteers as respects liability arising out of action performed by or on behalf of the contractor,products and completed operations of the contractor, premises owned,occupied or used by the contractor, or automobiles owned,leased or borrowed by the contractor,only when there Is a written contract that requires such status,and only with regard to work performed on behalf of the named Insured.The General Liability,Automobile Liability,Pollution Liability and Workers Compensation policies provide a Blanket Waiver of Subrogation when required by written contract,except as prohibited by law.Primary&Non-Contributory are Included.Excess Liability Is follow form. i i I i SAGITTA 25.3(2016103) 2 of 2 #8334651661M33372556 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or Indirectly to benefit anyone not named In the Schedule. Schedule Blanket Waiver of Subrogation as required by written contract This endorsement changes the policy to which It is attached and is effective on the date Issued unless otherwise slated. (The Information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement ElfectivoDale:10/01/2021 Policy No. WCSIG35012203 Endorsement No. Policy Effective Date: 10/01/2021 to 10/01/2022 Premium$ Insured: Global Diving and Salvage, Inc . DBA: CafrierNamo/codo:National Casualty Company WC 00 03 13 Countersigned by (Ed. 4-84) _ 0 1903 National council on componaollon Insurance. Page 1 of 1 SIGNAL MUTUAL INDEMNITY ASSOCIATION, LTD. p16lR1 ` 6 Name of Member: Moran Holdings, Inc. Member No: 05500 3) Conl'd. .. \ Under the coverage, we will reim urge the lallernate employer for the benefits required by the LHWCA if we are not pgimiyled to pay'(he benefits directly to the persons entitled to them. j This cover is not intended to satisfy the alternate employer's duty to secure Its obligations under the LHWCA and its extensions. We will not file evidence of this coverage on behalf of the alternate employer with any government. We will not ask any Insurer of the alternate employer to share with us a loss covered by this paragraph. Contributions will be charged for your employees while in the course of special or temporary employment by the alternate employer. Cover may be canceled without sending notice to the alternate employer. 4) Blanket Waiver \t }) 11 The Member may waive 444socialton's rights of subrogation under Rule 11.2 when required to do so by the terms of a written contract. The Member shall notify the Managers of any such waiver, but failure to so notify in and of itself will not invalidate the waiver. i' \11:: Signal Mutual Indemnity Association Ltd. / > --� YfJ C1Cffi:Cr ICPI:PI Signature: .... .............. .................................. Dale: ....................................... CHARLES TA LOR CONSULTING (HAMILTON) MANAGERS ❑CLDCL FORM MCS-00 Revised 3/31/2020 OMS No.:2126-0008 EapimUen:09/31/2021 USDOTNumbwL'2t❑_CI.D Date Received: U mt'0 U'�mllim LTT!R)ffi'rd CIDD��)J D'0iI)Cl ltmm�sRtTOZ106R.-In7llgnum71f51711PQlCfi1[wu7u:lt1[11LIWI11t]lw�tD CR77 D[Wlmn' n'n ulnllnlm[Ir n'ml'r n' )411.h11Jfltntnmmtnlnt0007wCifCin rum- iQD.Dm:IIlII71IIi.7176mIIFDCImI'fdWffiImQfhfllPl O:IB®51On➢nTiCTUrUCD r=.M[ImCLIi�© CDQMOnMD@iCtfimr1ll11imtI1fOM17CIElTInIrtLt702C11:t DIIIII 1ntnmrilmlIDLllllmm�l(J Cllll[il ®n1wOlN1JIDIF lIMP011111IIw0700fOmamnliLlm'i Imtlrnm w[Il]¢0®U7$frLCIIQ.JI®Bi1c:1711IITmn:mllmimOld[mlmi0li1mn:01W:[7Cluuuuw.CU I MTIII10LOIg:Ig1ZMUMOQIOLIIDIOIb-TrrtTrnllrBlQLw7IB:ff11CIDI MorMTMLIwCTdLRC100I0aQLUfITIMI lldwrillU10filaulu�D [1L00miP77Lrmm�m-Qttnn'nlrllmn BUfnrrt•nn rant¢C07711L0mILN�1�U'dQ'.0m7II�tU 0I0CmIC1IDn1Itllw;mtU1T1D[HI[s®I71Un10 MfimdOCn(iDCU MmdO(nMiC.MnTc CMDO0D fmoritrimI892fLn7D United States Department of Transportation 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 Global Diving C Salvage Inc. of Washington (Mohr Carrier .arm) (Motor Carrier stale"province) Dated at Schaumburg.IL on this 1st day of October 2020 Amending Policy Number:BAP 4669093.01 Effective Date: 1010 1/2 0 2 0 Name of Insurance Company: Zurich American Insurance Company Countersigned by: --r/1 rd5?� 4y epo mutimfired roruµ rae snyrepntnhtr I� el The policy to which this endorsement is attached provides primary or excess Insurarsce,as Indicated for the limits shown(check only one): ®TIlisiusd+rm+ce is prinmrynnd tldr cmn{enydmll riot 6rinblefwmrmunls iurzcnsaf51,000.W0 for enclmccidnd. ❑77,is imumweisercessdnd lhemmµtuyshall nor be liableforappvtodk in nt'cesso/S foreachaceidei inesressofthe andertyiugtnnitq(S (m enchnccidkul. Whenever required by the Federal Motor Carrier Safety Administration(F MCSA),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:600382-2150 Cancellation of this endorsement may be effected by the company m the Insured by giving(1)thirty-five(35)days notice In writing to the other party(sold 35 days notice to commence from the dale the notice Is mailed,proof of mailing shall be sufficient proof of notice), and(2)If the Insured Is subject to the FMCSA's reglstration requirements under 49 U.S.t_1:1%)1,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). icontinued on nextpage) INTERNAL USE ONLY FORM MCS-90 Page 1 of 3 FORM MC690 Revlsed 3/31/2020 OMB No.:8119.0008 Explratlon:03/31/1021 I DEFINITIONS AS USED IN THIS ENDORSEMENT Accident Includes con tin uous or repeated exposure to condI lions or Environmental Restoration means restitution for the loss,damage, which results In badIly Injury,property damage,or environmental or destruction of natural resources a rising out of the accidental damage whichthe Insured neither expected nor intended. discharge,dispersal,release or escape Into or upon the land, Motor Vebide means a land vehicle,machine,truck,tractor,Valler, atmosphere,watercourse,or body of water,of any commodity or semitrailer propelled or drawn by mechanical power and used on transported by a motor carrier.This shall include the cost of removal a highway for transporting property,or any combination thereof, and the cost of necessary measures taken to minimize or mitigate Bodily Injury means Injury to the body,sickness,or disease to any damage to human health,the natural environment,fish,shellfish, person,Including death resulting from any of these. and wildlife. Property Damage means damage to orloss of useoftanglble PubllcLiability meanslla Willy for bodilyl njury,property damage, and environmental restoration, property. The Insurance policy to which this endorsement Is attached or violation thereof,shall relieve the company from liability or provides automoblle liability Insurance and Is amended to assure from the payment of any final judgment,within the limits of compliance by the Insured,within the limits stated herein,as a liability herein described,Irrespective of the financial condition, motor carrier of property,with Sections 29 and 30 of the Motor Insolvency or bankruptcy of the Insured.However,all terms, Carrier Act of 1980 and the rules and regulations of the Federal conditions,and limitations In the policy to which the endorsement Motor Carrier Safely Administration(FMCSA). Is attached shall remain In full force and effect as binding between In consideration of the premium stated in the policy to which this the Insured and the company.The Insured agrees to reimburse endorsement is attached,the Insurer(the company)agrees to pay, the company for any payment made by the company on account within the limits of Ilablllty described herein,any final judgment of any accident,claim,or suit Involving a breach of the terms of recovered against the Insured for public liability resulting from the policy,and for any payment that the company would not have negligence In the operation,maintenance or use of motor vehicles been obligated to make under the provisions of the policy except subject to the financial responsibility requirements of Sections for the agreement contained in this endorsement. 2.9 and 30 of the Motor Carrier Act of 1980 regardless of whether It Is further understood and agreed that,upon failure of the or not each motor vehicle is specifically described in the policy company to pay any final judgment recovered against the insured and whether or not such negligence occurs on any route or In as provided herein,the judgment creditor may maintain an action any territory authorized to be served by the insured or elsewhere. in any court of competent jurisdiction against the company to Such Insurance as is afforded,for public liability,does not apply compel such payment. to Injury to or death of the Insured's employees while engaged in The limits of thecompany's liability for the amounts prescribed the course of their employment,or property transported by the In this endorsement apply separately to each accident and any Insured,designated as cargo.It Is understood and agreed that payment under the policy because of anyone accident shall not no condition,provision,stipulation,or limitation contained In operate toreduce the liability ofthe company for the payment of the policy,this endorsement,or any other endorsement thereon, final judgments resulting from any other accident. I (continued on nex(pnpe) INTERNAL USE ONLY FORM MC8.80 Page 2 0}3 i FORM MCB-90 Revised 3/31/2020 OMB No:2129-0008 Eaplretlom 03/91/2021 n n SCHEDULE OF LIMITS — PUBLIC LIABILITY Type ofcarrlage Commodity transported January 1,198S (1)For.hire(in Interstate or foreign commerce,with a Property (nonhazardous) $750,000 gross vehicle weight rating of 10,000 or more pounds). (2)For-hire and Private(In Interstate,foreign,or Hazardous substances,as defined in 4')l:flt 17 i.'t, $5,000,000 Intrastate commerce,with a gross vehicle weight rating transported In cargo tanks,portable tanks,or hopper- of 10,000 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(fit 17-1.403, (3)For-hire and Private(in interstate or foreign Oil listed In 49(Ht 1/1.lot;hazardous waste, $1,000,0D) 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 g9(YR V-i il.and listed in A9 Cf_It-_172.101, 10,000 or more pounds). but not mentioned in(2)above or(4) below. (4)For-hire and Private(In Interstate or foreign Any quantity of Dlvlsion 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 23,Hazard Zone A,or Division than 10,000 pounds). 6.1,Packing Group 1,Hazard Zone A material;or highway route controlled quantities of a Class 7 material as defined in 49 C19t '17.1..101. 'The schedule of limits shown does not provide coverage.The limits shown in the schedule are for Information purposesonly. INTERNAL USE ONLY FORM MCS-90 Page 3 of 3 Pollcy Number BAP 4669093.01 SCHEDULE OF NAMED INSURED(S) ZURICH AMERICAN INSURANCE COMPANY Named Insured MORAN ENVIRONMENTAL RECOVERY Effective Date: 10-01-20 12:01 A.M., Standard The Agent Name USI INSURANCE SERVICES LLC Agent No. 50994-000 NAMED INSURED MORAN ENVIRONMENTAL RECOVERY LLC GLOBAL DIVING & SALVAGE, TNC. WATER RECOVERY, LLC 1819 ALBERT STREET, LLC DLAC/WRI, LLC DRUMMAC, INC. MAINSTREAM COMMERCIAL DIVERS, INC . MORAN COASTAL AND OCEAN RESOURCES, INC. PETTIT ENVIRONMENTAL INC GDS HOLDINGS, INC. U-GU-621•A CW(10/02) POLICY NUMBER: BAP 4669093-01 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE 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 this endorsement. This endorsement identifies person(s) or organization(s)who are"Insureds' for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the Inception date of the policy unless another date is indicated below. Named Insured: MORAN ENVIRONMENTAL RECOVERY LLC Endorsement Effective Date: 10101/2020 SCHEDULE Name Of Person(s) Or Organ lzation(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Information required to complete this Schedule if not shown above will be shown in the Declarations. Each person or organization shown In the Schedule is an 'insured' for Covered Autos Liability Coverage, but only to the extent that person or organization qualities as an "Insured' under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 110 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 Coverage Extension Endorsement ZURICHh Policy No. EO'.Docc of Pal. lap.Date of Pol. I Grr.Dote or rind I4odaca No. Add'I.Prcm Re1mn Prem. kiAP4669098-01 1 10/012020 10/OV2021 10/01l202D 50994000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Fonn Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II—Covered Autos Liability Coverage: The following are also"insureds": a. Any "employee" of yours is an "insured" while using.a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee` of yours is also an "insured" while operating an 'auto" hired or rented under a contract or agreement in an "employee's' name, with your permission,while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an"auto"referenced in Paragraphs A.1.a. and A.1.b.in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s)where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organizations) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement,or the Limits of Insurance shown in the Declarations,whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance—Primary and Excess Insurance Provisions Condition In the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any"accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured"will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment—Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-F CW(04-14) Page 1 of 6 Includes copyrighted material of Insurance services Office,Inc.,with Its permission. I C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II—Covered Autos Liability Coverage does not apply. I D. Driver Safety Program Liability and Physical Damage Coverage 1. The following Is added to the Racing Exclusion in Section II—Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to,auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. In the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b, In the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating In a driver safely program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total"loss"to a covered"auto",we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the"loss"; (2) Financial penalties Imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; . (4) Costs for extended warranties,credit life insurance, health, accident or disability insurance purchased with the loan or lease;and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section Is replaced by the following: We will pay up to $75 for lowing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.9.a.of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and Is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage—Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage,we will pay expenses for which an"insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: U-CA-424-F CW(64-14) Page 2 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. i (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered' "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered"auto"; or i (3) Collision only if the Declarations indicate that Collision Coverage Is provided for any covered"auto". However, the most we will pay for any expenses for loss of use is$100 per day,to a maximum of$3000, I. Personal Effects Coverage The following Is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to$750 for"loss"to personal effects which are: (1) Personal property owned by an"insured" and (2) In or on a covered"auto". b. Subject to Paragraph a. above, the amount to be paid for"loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for"loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio,visual or data electronic equipment. Any coverage provided by this Provision Is excess over any other insurance coverage available for the same"loss'. J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion In Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes,records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an"insured" and (b) Are in a covered"auto" at the time of"loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices Is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". lI-CA-424-F CW(04-14) Page 3 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with Its pemllsslon. K. Alrbag Coverage The Exclusion In Paragraph B.3.a. of Section III— Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV— Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following Is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered"auto'on a per vehicle basis: 1. If the deductible on this policy or Coverage Form Is the smaller(or smallest)deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form Is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller(or smallest) deductible. M. Physical Damage— Comprehensive Coverage—Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered"autos'damaged or stolen,the maximum deductible that will be applied to Comprehensive Coverage for all loss" from any one cause is$5,000 or the deductible shown In the Declarations, whichever is greater. N. Temporary Substitute Autos— Physical Damage 1. The following is added to Section I—Covered Autos: Temporary Substitute Autos—Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your awned covered "autos", the following types of vehicles are also covered "autos'for Physical Damage Coverage: Any "auto' you do not own when used with the permission of Its owner as a temporary substitute for a covered "auto"you do own but is out of service because of Its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following Is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos— Physical Damage We will pay the owner for loss"to the temporary substitute"auto'unless the"loss'results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto' will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident, Claim,Suit Or Loss Paragraph a. of the Duties In The Event Of Accident,Claim, Suit Or Loss Condition is replaced by the following: a. In the event of"accident", claim, "suit'or"loss", you must give us or our authorized representative prompt notice of the "accident', claim, "suit' or "loss". However, these duties only apply when the "accident", claim, "suit' or "loss" Is known to you (if you are an Individual), a partner(if you are a partnership), a member(if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any u-CA424-F cw(04-14) Page 4 of 6 Includes copyrighted material of Insurance Services Office.Inc.,with Its permisslon. i agent, servant or employee of the"insured"to notify us of any"accident", claim, "suit"or"loss"shall not invalidate ' the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or"suit"including, but not limited to, the date and details of such claim or"suit"; (2) The"insured's"name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following Is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the"accident" or"loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated In the contract. Q. Employee Hired Autos —Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance— Primary and Excess Insurance Provisions Condition In the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered"autos"you own: (1) Any covered"auto"you lease, hire, rent or borrow; and (2) Any covered"auto"hired or rented under a written contract or written agreement entered into by an"employee"or elected or appointed official with your permission while being operated within the course and scope of that "employee's"employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto"that is leased, hired, rented or borrowed with a driver is not a covered"auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However,we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, Improper description of"autos"or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto—World Wide Coverage Paragraph 7a.(5)of the Policy Period, Coverage Territory Condition Is replaced by the following: (5) Anywhere In the world if a covered "auto"is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of"bodily injury"in the Definitions Section is replaced by the following: "Bodily Injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional Illness or disease. U-CA-424-F CW(04-14) Page 5 016 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II—Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily Injury" or"property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily Injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage—Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III— Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of$1,000 for temporary transportation expense Incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for Its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto"of the private passenger type that Is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of$2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof Is not an"aulc"powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto' is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered'autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA424-F CW(04-14) Page 6 of 6 Includes copydghled material of Insurance Services Office,Inc.,wllh Its permission. POLICY NUMBER: BAP 4669093-01 COMMERCIAL AUTO CA 04 44 10 13 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: MORAN ENVIRONMENTAL RECOVERY LLC Endorsement Effective Date: 10101/2020 SCHEDULE Name(s) Of Person(s) Or Organization(s): ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY 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. CA 04 44 10 13 ®Insurance Services Office, Inc., 2011 Page 1 of 1 i COMMERCIAL AUTO CA 99 48 10 13 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 modilled by the endorsement. A. Covered Autos Liability Coverage Is changed as "Covered pollution cost or expense" does not 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 In Paragraph A.1. above, Exclusion B.B. Care, which the "pollutants" are contained are Custody Or Control does not apply. moved from the place where they are accepted by the "insured' for movement B. Changes In Definitions into or onto the covered "auto'; or For the purposes of this endorsement, Paragraph b. After the "pollutants' or any property in D. of the Definitions Section is replaced by the which the "pollutants' are contained are following: moved from the covered "auto" to the D. "Covered pollution cost or expense"means any place where they are finally delivered, cost or expense arising out of: disposed of or abandoned by the 1. Any request, demand, order or statutory or "insured". regulatory requirement that any"Insured'or Paragraphs a. and b. above do not apply to others lest for, monitor, clean up, remove, "accidents" that occur away from premises contain, treat, detoxify or neutralize, or In owned by or rented to an "insured" with any way respond to, or assess the effects respect to "pollutants" not in or upon a of"pollutants';or covered"auto"If: 2. Any claim or "suit" by or on behalf of a (1) The "pollutants" or any property in governmental authority for damages which the "pollutants" are contained because of testing for, monitoring, cleaning are upset, overturned or damaged as UP, removing, containing, treating, a result of the maintenance or use of detoxifying or neutralizing, or in any way a covered"auto';and responding to or assessing the effects of (2) The discharge, dispersal, seepage, "pollutants". migration, release or escape of the "pollutants' is caused directly by such upset,overturn or damage. CA 99 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 507 PRF PIWT FURDES&PAR I RRS IAM ITHU UMR:U05071IL2100142 The lily of fluntingian Beach,its officers,elected or appointed olllclals,employees,agenus and voiumcers as additional Insureds to Cnatlnereial Genenl LIabBlty pulley B0507RL2100142 Continued on fallowing pnge. 507 PRF PRICE FORBES&PARTNERS LIMITED UMR:B0507RL2100142 PRICE FORBES i BLANKET ADDITIONAL ASSUREDS AND WAIVERS OF SUBROGATION CLAUSE Privilege is hereby granted the Assured to name others for whom the Assured is performing work as Additional Assureds on this Policy provided the Assured shall have exercised this option prior to loss. Privilege is also granted the Assured to release from Liability others for whom the Assured is performing operations,or who are performing operations for the Assured, provided the Assured shall have exercised this option prior to loss;and these insurers waive all rights of subrogation against any parties so released. Any phraseology required to be incorporated In this Policy by parties favoured by the Assured shall be deemed to be incorporated herein,but no greater extent than the privlloge allowed by the above options. Notwithstanding the preceding provisions,no party shall be deemed an Additional Assured or favoured with a waiver of subrogation on any vessel insured hereunder which is not actually engaged or involved in the Intended operations at the time of the loss,i1 any. In respect of anylall Additional Assureds named herein,it is noted and agreed,where required by written contract; 1. This policy shall be deemed primary. 2. Any"Other Insurance Clause"contained in the policy to which this clause applies shall be deemed deleted. 3. Any reference to"Other Than Owner","As Owner'and/or"Other Insurance"clauses contained In this Policy shall be doomed deleted. Notwithstanding, it a claim is made by anyone other than the owner and/or operator of the Vossol(s)Insured hereunder,such person or entity shall not be entitled to a broader scope of coverage than would the owner and/or operator had claim been made by the owner and/or operator as an Assured hereunder. 4. The naming of Additional Assureds herein shall in no way extend the limit of liability for any loss or occurrence beyond that stated in the policy to which this clause applies. Regardless of the number of additional assureds named hereunder there shall be one Combined Single Limit in respect of all claims made under this policy whether by the original named insured or additional Assured. PAGE 106 OF 119 Renewal Quota R12100142 01022021184500 507 PRF PRICE FORBES&PARTNERS LIMITED UMR:80507RL2100142 PRICE FORBE5 COMMERCIAL GENERAL LIABILITY CG 20 0104 17 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION TnU endoisomant meddles Insurance p(o0ded under the following' COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTMOMPLCTEO OPERATIONS LIABILITY COVERAGE PART The following Is added to Nu Other Insurance 12) You have agreed In witting In a contract or Condition and supersede& any pmVs;on to the agreement that this insumnew would be contrary, primary, And would not soak contribution Primary And Noncontributory Ineurenca from any ouwt Insurance evaiablc to the This insuranw is primary to end wil not seek additional insured. contribution from any other insurance asrailablo to an additional insured under vow policy provided that. (1) The additional Insured Is a Named Insured under such other insurance;and CO 20 0104 13 V Insurance Sorvkos Office, Ac,2012 Page 1 of 1 PAGE 39 OF 119 Renewal Quote RY2100142 01022021184500 507 PRIF PRICE FORBES&PARTNERS LIMITED UMR:B0507RH2100163 PRICE FORBES BLANKET ADDITIONAL ASSUREDS AND WAIVERS OF SUBROGATION Privilege Is hereby granted the Assured to name others for whom the Assured is performing work as Additional Assureds on this Policy provided the Assured shall have exercised this option prior to loss. Privilege is also granted the Assured to release from Liability others.`or whom the Assured is performing operations, or who are performing operations for the Assured, provided the Assured shall have exercised this option prior to loss;and these insurers waive all rights of subrogation against any parties so released. Notwithstanding the preceding provisions, no party shall be deemed an Additional Assured or favoured with a waiver of subrogatlon on any vessel Insured hereunder which is not actually engaged or involved in the intended operations at the time of the loss,if any. In respect of any/all Additional Assureds named herein,it is noted and agreed,where required by written contract; 1. This policy shall be deemed primary. 2. Any reference to"Other Than Owner","As Owner"and/or"Other Insurance"clauses contained in this Policy shall be deemed deleted. Notwithstanding,if a claim Is made by anyone other than the Owner and/or Operator of the Vessel(s)insured hereunder,such person or entity shall not be entitled to wider coverage than would the Owner and/or Operator had claim been made by the Owner and/or Operator as an Assured under this policy. 3. The naming of Additional Assureds herein shall in no way extend the limit of liability for any one loss or occurrence beyond that stated in the policy to which this clause applies. Regardless of the number of additional assureds named hereunder there shall be one Combined Single Limit in respect of all claims made under this policy whether by the original named Insured or additional Assured. Subiecl always to the terms clauses and conditions of the original policy, PAGE 41 OF 53 ORH2100163_Ouoteslip_MG 02022021183000 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ Nvti%ryv.huntingtonbeachca.gov Office of the City Clerk ' Robin Estanislau, City Clerk October 5, 2021 Global Diving and Salvage ATTN: Jim Greene 3840 W. Marginal Way SW Seattle, WA 98106 Dear Mr. Greene: Enclosed is a copy of the fully executed "Service Agreement between the City of Huntington Beach and Global Diving and Salvage for As-Needed Marine Vessel Salvage and Associated Hazardous Waste Disposal Services." Sincerely, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand