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19-0604_STERLING WATER TECHNOLOGIES LLC_Agreement
• AGREEMENT FOR PURCHASE OF CHEMICALS • THIS AGREEMENT FOR PURCHASE OF HEMICALS hereinafter referred to as "Agreement") is made and entered into this day of ( Q , 2019, by and between CITY OF SAN JUAN CAPISTRAN , (hereinafter eferred to as "City"), and STERLING WATER TECHNOLOGIES LLC (hereinafter referred to.as "Supplier"). RECITALS . A. City is a public agency of the State of California and operates, among other facilities a Groundwater Recovery Plant (hereinafter referred to as "GWRP"). . B. City desires Supplier to provide (CP 722) Liquid — Orthophosphate 50%1 Polyphosphate 50% to City for use at its Groundwater Recovery Plant. C. Supplier is duly licensed and has the necessary qualifications to fulfill the obligations set forth herein. D. The parties desire by 'this Agreement to establish the terms for City to purchase and acquire the goods specified herein. AGREEMENT ' • NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Agreement Duration. This Agreement shall commence on July 01, 2019, and shall be in effect up to and including June 30, 2021. 2. Method of Ordering. • 2.1 Supply and Purchase of Goods. (CP 722) , Liquid — Orthophosphate: 50% / Polyphosphate 50% supplied and . ' purchased under this Agreement ("Goods") shall be in compliance with the most current ANSI/AWWA standard for each chemical listed. 2.2 Request for Delivery. On an as needed basis, City shall submit to Supplier a confirmed request for delivery of specific Goods, consistent with contact information provided in Paragraph 15. • .3. Price., . Price for Goods supplied under this Agreement, shall be in accordance with Supplier's quotation, attached hereto and incorporated by reference herein as Exhibit "A." The unit price($/weight of chemical) shall be fixed as set forth in Exhibit "A.". Except where otherwise noted on Page 1 of 12 Exhibit "A," the unit price shall be based on the price per weight of actual . active chemical. The unit price shall be all inclusive of,Supplier's profit, overhead and, costs of producing and delivering the chemical. Separate charges for permit fees, regulatory compliance, taxes, fuel, cleanup will not be accepted. These and all other costs shall be included in the unit price. 4. [RESERVED] 5. Delivery. Supplier shall deliver Goods within three business days of a confirmed request for each delivery. Hours of delivery shall be Monday • through Friday, 6:00am to 12:00pm. 5.1 Business. Hours. Within one month ofthe execution of this Agreement, Supplier;shall submit to the City dates Supplier will not be able to deliver Goods due to planned maintenance, holidays or other events that might affect chemical production or delivery.' 5.2 Chemical Delivery. Supplier's delivery personnel shall have the applicable adapter/connectors and hoses to complete the chemical delivery. 5.3 Minimum Standards. Goods delivered shall meet or exceed- all of the current ANSI/AWWA minimum standards. 5.4 NSF Certification. The City requires all supplied Goods to carry NSF 60 certification. "NSF" shall be stamped directly on the delivery paperwork. 5.5 Certificate of Analysis. A certificate of analysis (hereinafterreferred to as "C of A") is required with each load before the Goods can be unloaded. 5.6 Samples. Delivery vehicles shall be equipped to .safely provide samples of Goods, before off-loading. 5.7. Weight-Master's Certificate. A weight-master's certificate shall be included at the time of delivery. The certificates shall show the weight of the material delivered. If a split transport load is handled, Supplier shall furnish a second weight-master's certificate within one (1) hour of the original shipment. . 5.8 MSDS/SDS. Under this Agreement, a. manufacturer's- Material Safety Data Sheet (MSDS) or Safety Data Sheet (SDS) shall be included with the first delivery of the Goods or after any change in composition of the product, a change in manufacturing process, a change in supplier, or a change in labeling/packaging of the product:. Page 2 of 12 5.9 Prior to delivery and after the truck has been loaded', all tanker fill/drain accesses shall be sealed with security tags, the serial numbers recorded and emailed to the GWRP Chief Plant Operator. Tags removed by an authorized agency (e.g., D.O.T., CHP) shall be • • replaced with a tag from that agency. Broken tags shall be kept with the delivery truck to be shown to the GWRP personnel prior to discarding. 5.10 Location. Deliveries shall be made to: • • City of San Juan Capistrano Groundwater Recovery Plant • Attn: Tim O'Neal 32470 Paseo Adelanto San Juan Capistrano, CA 92675 • 6. Inspection. Delivery does not constitute acceptance. The City reserves 'the right to inspect any Goods for conformance with the specifications contained herein. Goods discovered to be in noncompliance shall be returned and immediately replaced with conforming Goods at Supplier's sole expense. The City shall be reimbursed for any additional cost ' incurred as a result of Supplier's lack of conformance. A representative of the City may examine Supplier's inventory and production facilities at any time during the life of this Agreement. 7. Goods Specification and Quantity Estimate. The City estimates the quantity of Goods to be required for the City's operation of the GWRP as indicated on Exhibit "A", attached hereto and incorporated by reference herein. Weights are based on actual active chemical weight. Quantities of Goods listed may be increased or decreased to meet the requirements of the City during the duration of this Agreement. The City does not guarantee a minimum quantity, and the City reserves the right to purchase more or less product units on an as-needed basis. 8. ' Personal Protective Equipment (PPE). Supplier shall wear appropriate PPE when taking samples and off-loading product. 9. Emergency Spill Plan. In the event of accidents or spills on City property, Supplier shall follow the procedures of its Emergency Spill Plan, attached • hereto and incorporated, by reference herein as Exhibit "B.",, The Emergency Spill Plan shall_ include, at a minimum, the annual training the delivery driver receives to deal,with material spills, emergency equipment the delivery truck has on board,'the type and frequency of equipment • inspections, emergency contact telephone numbers and names of personnel the City can contact in case of problems. Page 3 of 12 , '10. Security. Due to heightened security measures, Supplier shall be required to fax a photocopy of the driver's photo identification, security tag serial numbers and trailer identification no later than two hours before delivery. Contact Fax Tim O'Neal, Chief Plant Operator 949-443-6398 11. Safety and Compliance with the Law. Supplier and Goods provided shall comply with all applicable laws and regulations of the federal, state and local government including Cal/OSHA requirements, requirements for verification of employees' legal' right to work in the United States, air pollution control laws and regulations as applicable to the Supplier, and all relevant U.S. Department of Transportation or Department of Homeland Security regulations pertaining to transportation of hazardous waste, substances and/or materials, as those regulations may be amended from time to time_ and/or incorporated into state or local laws, regulations and ordinances. If requested, Supplier shall supply to the City information regarding the Supplier's safety ratings; safety audits and implementation of security plans or measures for complying with said regulations. Supplier is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her services or operations provided under this Agreement.. 12. Termination. The City reserves the right to terminate this Agreement in its entirety at no cost,'except for Goods delivered and accepted. The City shall notify Supplier no less than 30 days prior to the date of termination of the Agreement. Reasons for termination of the Agreement include, but are , not limited to, the following: • The Goods are not compatible to the GWRP equipment or are not providing acceptable process performance; • Poor Goods quality; • Poor or unsafe delivery container quality; and/or • Failure of Supplier to meet any of the Agreement terms and conditions. • The sale or transfer of all or part.of the City's water and/or sewer utility service to a third party entity. 13. Insurance. The Supplier shall maintain the following insurance during the performance of all services/work under this Agreement. Should any of the required coverage lapse or be cancelled during the term of this Agreement, the Supplier shall be obligated to notify the City immediately in writing. All insurance certificates and endorsements required hereunder shall be attached hereto as Exhibit "C." A. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $2,000,000 aggregate (if used) for bodily injury, personal Page 4 of 12 • injury and property damage, at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01). Policies shall not contain any exclusion contrary to. this Agreement including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or CG 21 39); (2) cross-liability for claims or suits by one insured against another; or (3) severability of interest. The general liability coverage shall give City of San Juan Capistrano, the City- Council, members of the City Council and City officers, employees, and agents additional insured status using ISO endorsement CG 20 10, CG 20 37, or endorsements providing the exact same coverage. The general liability insurance shall be primary (using ISO CG 20 01, or endorsements providing the exact same coverage) and any insurance, self-insurance or other coverage maintained by the City shall not contribute to it. B. Automobile Liability Insurance including coverage for owned, non- and hired vehicles (Coverage Symbol 1, any auto) of at least $2,000,000 per occurrence for bodily injury and property damage, atleast as broad as Insurance Services Office -Form Number CA- 00: 01." The automobile liability policy is to .contain, or be endorsed to contain the following provisions: Pollution Liability — Broadened Coverage for Autos using ISO Form CA.9948, or an endorsement containing the exact same coverage and 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. Inthe event that the automobile liability policy contains an exclusion for Wrong Delivery of Liquid Products, ISO Form CA 23 05, or similar ' exclusion endorsement, the general liability policy shall be endorsed to provide this coverage. C. Environmental Impairment Liability of at least $2,000,000 per claim and $2,000,000 annual aggregate.. If coverage is written on a claims made basis, the retroactive date is to be no later than the effective date of this Agreement. This coverage must be maintained for at least 24 months following the expiration date of this Agreement. D. Workers' Compensation (statutory limits) and Employer's Liability Coverage of at least $1,000,000 per occurrence. By its signature hereunder, the Supplier hereby certifies that he/she ,is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing services 'or operations under this Agreement. E. Insurance carriers shall have not less than an "A-" Financial Strength Rating and Financial Size Category of not less than "Class VII" according to'the latest Best Key Rating Guide unless otherwise approved by the. City. Certificates of insurance and policy,endorsements shall be filed with Page 5of12 • ,the City prior to Work commencing. If any of the required coverages expire, during the term of this Agreement, the Supplier shall deliver the renewal certificate(s), including the general liability additional insured endorsement, to the City prior to the expiration date. F. Notwithstanding the minimum limits set forth . in this section, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available' to the ,parties required to be named as additional insureds. Defense costs shall be paid in addition to the limits. G. Any failure to comply with reporting or other provisions, of the policies, including breaches of warranties, shall not affect coverage provided to the City, the City Council, members of the City Council and City officers, employees, and agents. • H. Supplier shall ensure that third party shippers contracted by Supplier to deliver the Goods have adequate insurance coverage. 14. Hold Harmless and Indemnification. To the fullest extent permitted by law, the Supplier shall indemnify, defend, and hold harmless the City, the City Council, members of the City Council and City officers, employees, and ' agents,. against any and all claims, liabilities; expenses or damages, including reasonable attorneys''fees, for injury or death of any person, or damage to property, or interference with use of property, or any claim of the Supplier or independent suppliers hired by Supplier under this Agreement for wages or benefits which arise in connection with the performance of the Agreement and the sale or delivery of the Goods, except to the extent caused or resulting from the sole negligence or willful misconduct of the City. The foregoing indemnity includes, but is not limited to, the cost of prosecuting 'or defending such action with legal counsel acceptable to the City and reimbursement of the City's attorneys' fees, incurred in such an action. Supplier's obligation to indemnify shall survive the expiration or termination of the Agreement and shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council or City officers, employees, and agents. 15. Notice. Any notice required under this Agreement shall be provided as follows: City of San Juan Capistrano Sterling Water Technologies Utilities Department LLC. 32400 Paseo Adelanto P.O. Box 602, 902 S. High St. San Juan Capistrano, CA 92675 Columbia, TN 38402-0602 Attn: Eric Bauman Attn: , Ruth H. Campos, Assistant Treasurer Page 6of12 16. Independent Transactions; Each shipment shall constitute a separate.and independenttransaction and Supplier may recover for each such shipment without reference to any. other. Supplier may decline to make further deliveries under this Agreement before payment of any amounts past due or satisfactory security for such payment is received. 17. Supplier's Weights Govern. In case of a dispute concerning the weight of Product delivered in bulk carload or tank car shipments, Supplier's weight, ' certified to by a sworn Weigh-master, shall govern absent manifest error. 18. Warranty. Determination of the suitability of the Product supplied hereunder for the uses and applications contemplated by the City and others shall be the sole 'responsibility of the City. Supplier warrants that the Product delivered hereunder meets the AWWA specification for (CP 722) Liquid — Orthophosphate 50% / Polyphosphate 50%. SUPPLIER MAKES NO OTHER EXPRESS WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT,-THE CITY ASSUMES ALL RISK AND LIABILITY FOR ALL LOSS, DAMAGE. OR INJURY TO PERSON OR PROPERTY, INCLUDING WITHOUT LIMITATION POLLUTION, ENVIRONMENTAL DAMAGE AND RESTORATION LIABILITY, RESULTING FROM (I) THE USE 'OF SAID PRODUCT IN MANUFACTURING PROCESSES OR IN COMBINATION WITH OTHER - SUBSTANCES, OR OTHERWISE .(II) THE HANDLING AND DISPOSAL OF THE PRODUCT. ' 19. Taxes. Any applicable.taxes are already included in the pricing set forth in Exhibit "A." 20. 'Force Majeure. Neither partyshall be liable for its failure to perform hereunder if said performance is made' impracticable due to any circumstances beyond 'the reasonable control of the party affected, including but not limited to, acts of God, acts of terrorism, fires, floods, wars, sabotage, accidents, labor disputes or shortages, plant shutdown, equipment failure, voluntary or involuntary compliance with any law, order, rule or regulation of government agency or authority, or inability to obtain material (including power and fuel), equipment or transportation. The affected party may omit purchases. or deliveries during the period of continuance of such circumstances and the Agreement quantity shall be reduced by the quantities so omitted. During any period when Supplier shall be unable to supply the total demands for any Good provided for in this Agreement, whether caused by the circumstances specified above or otherwise, Supplier may allocate any available Good among all buyers including its own divisions and departments, on such basis as it may deem fair and practical. 21. Waiver. Each party's waiver of any breach, or failure to enforce any of the terms.and 'conditions of this Agreement, at any time, shall not in any way affect, limit or waive its right thereafter to enforce and compel strict Page 7 of 12 compliance with every term and condition hereof. The acceptance by the Supplier of any payment after the specified due date shall not constitute a waiver of the City's obligation to make further payments on the specified dates. . 22. Integration. This Agreement represents the entire understanding of the City and Supplier as to those matters contained herein, and supersedes and cancels any prior oral or written understanding, promises or representations with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by both parties hereto. This is an integrated Agreement. 23. Laws, Venue and Attorneys' Fees. This Agreement shall be,interpreted in accordance with the laws of the State of California. If any action is brought to interpret.or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, as determined by the court. 24. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and Supplier. 25. Severability. The unenforceability, invalidity Or illegality of any provision(s) of this Agreement shall ,not render the other provisions unenforceable, invalid or illegal. 26. Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic•means and have the same force and effect as if they were original signatures. . [Signatures on Next Page] Page 8 of 12 ' SIGNATURE PAGE AGREEMENT FOR PURCHASE OF CHEMICALS BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND STERLING WATER TECHNOLOGIES.LLC. IN WITNESS WHEREOF, this Agreement is executed by the City and by • Supplier on the day and year first written above. CITY'OF SAN JUAN CAPISTRANO STERLING WATER TECHNOLOGIES LLC By: Benjamin Siegel By: Title: City Manager Title: Vice President/CFO Signature: ,ru• Signature: Donald C. Heiwig Attest: By: Maria Morris Title: C seA er Signature: JIM" APPROVED AS TO FORM: BEST BEST & KRIEGER LLP By: � �,,,�` ` Signature: ��r� 'r • Page 9 of 12 Exhibit "A" Product Specification and Quantity Estimate and Supplier's Quotation Table 1: GWRP Drinking Water Chemical Supply Proposal Sheet • A Ba C -62' > v • 9. E a Eo uo °1a 'a Eo 13 r.. c. r o e o a o f n$C m c m o u o c U u. O.to.. Uz o w Q l c9 NaOCI 12.5%Sodium Hypochlorite Tanker Truck 35,000 1.500 No Bid 23 No Bid NaMnO4 20.0%Sodium Permanganate• Tanker Truck 8,000 1,000 No Bid 8 No Bid • NaHSO3 25.0%SocOum BisultIte(8) Tanker Truck 14,000 1,500 No Bid 0 No Bid Blddln tot My contract(atonal � a 0.0 will be by mutual NH4OH 19.0%Ammon'um Hydroxide Tanker Tnick 1.000 500 No Bid 2 No Bid NaOH 50.0%Sodium Hydroxide Tanker Truck 25.000 1.500 No Bid 17 No Bid Comments: 1)Extended price is columns(A'C). Column B1&B2 are for information only. Sterling Water Technologies LLC Supplier Name(i + ct;h ��C lc•r Ruth H.Campos,Assr'stant Treasurer Supplier Initials • Page 3 of 3 Proposal Documents' ' , Sterling Water Technologies LLC • Attachment 1 P.O.Box 602 Columbia,TN 38402-0602 Phone:(931)540-1334 Page 10 of 12 (� Sterlin Water Technologies«c Technical Information Bulletin Rev. 7/25/17 CP 722 OrthoPolyphosphate • NSF/ANSI Standard 60 Certified • Balanced Ortho/Poly Ratio for Broad Range of Applications • Reduces or Eliminates the Need for pH Adjustment • Reduces Overall Treatment Costs Description, Sterling Water Technologies CP 722 is a liquid OrthoPolyphosphate corrosion inhibitor formulated for the control of steel and lead corrosion and scale build up in potable water distribution systems. In addition to providing effective corrosion control, CP 722 also reduces build up of deposits caused by the precipitation of water soluble calcium and magnesium salts. CP 722 also prevents the precipitation of dissolved iron and manganese found in many water sources. I Typical Properties I Principal Uses / Appearance: Clear to Slightly Turbid Liquid • Iron & Manganese Sequestering % O-PO4: 16- 18 • Reduces General Corrosion % P-PO4: 17 - 19 • Controls Copper & Lead Residuals Density: 1.28 -1.42 • Prevents Scale Build Up pH: 4-7 Freeze Point: < -5° C NSF/ANSI STD 60 MUL: 28 mg/L Product Safety Information r [Packaging and Shipping - CP 722 is a non-hazardous product. Caution should CP 722 is available in be taken to prevent ingestion, contact with skin and 30 gallon Non-returnable drums eyes. It is recommended that safety eye protection, 55 gallon Non-returnable drums gloves and other personal protective protection be 275 gallon Non-returnable totebins worn when handling all chemicals. Bulk—Various quantities !Storage and Handling ' a • Store in a cool, dry, well ventilated area away from incompatible materials. • Keep containers closed when not in use. • Do not reuse containers. Empty containers retain product residuals which can be hazardous. • CP 722 is freeze—thaw stable. • Should the product freeze, bring indoors, allow to warm up then mix before reusing. Consult the product SDS for specific information regarding handling, storage, safety, and DOT description. All statements,information and data given herein are believed to be accurate and reliable but are presented without guaranty,warranty,or responsibility of any kind,expressed or implied. Statements or suggestions concerning the possible uses of our products are made without representation or warranty that any such use is free of patent infringement,and we are not recommending to infringe any patents. The user should not assume that all safety measures are indicated or that other measures may not be taken. 800.426.2428 Customer Service • 931.540.1334 Phone • 931.540.1338 Fax • P.O. Box 602 • Columbia,TN 38402-0602 www.sterlingwatertech.com 5/8/2019 Listing Category Search Page I NSF International NSE The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Wednesday, May 08, 2019 at 12:15 a.m. Eastern Time. Please contact NSF to confirm the status of any Listing, report errors, or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text.Always confirm this information by clicking on the below link for the most accurate information: hllp://info.nsf.org/Certified/PwsChemicals/Listings.asp?TradeNaine=cp+722& NSF/ANSI 6o Drinking Water Treatment Chemicals - Health Effects Brenntag Mid-South Inc. 1405 Highway 136 West Henderson, KY 42419 United States 919-306-2572 Facility : Axis, AL Poly(Dimethyldiallylammonium chloride)(pDMDAAC) Trade Designation Product Function Max Use Brennfloc CP 7220P Coagulation&Flocculation 50mg/L Brennfloc CP 7221P Coagulation&Flocculation 5omg/L Brennfloc CP 7222P Coagulation&Flocculation 5omg/L Sterling Water' hno!onies LLC Sterling Water Technologies, ColumbbiP O. oi a,TTN 36a48402-0002X02 3 602 LLC Phone: (931)546451/0-1334 info.nstorg/Certified/PwsChemicaIs/Listings.asp?CompanyName=&TradeName=cp+722&ChemicalName=&ProductFunction=&PIantState=&PlaniCou... 1/3 5/8/2019 Listing Category. earch Page l NISF International' . P.O. Box 602 Coltimbia,.TN 38402-0602 United States 800-426-2428 931-5404334 Visit this company's website, fhnp://www.sterlingwaterfiech.coni). Facility ; # 5 USA Blended Phosphates Trade Designation Product Function Max Use CP 722 Corrosion&Scale Control 28mg/L CP 722L Corrosion&Scale Control 36mg/L Facility # 7 USA Blended Phosphates TradeDesignation Product Function Max Use CP-722 Corrosion&Scale Control, 28mg/L . CP 722L Corrosion&Scale Control 36mg/L Facility : # 14 USA • Blended Phosphates Trade Designation Product Function Max Use CP 722 Corrosion&Scale Control 28mg/L CP 722L Corrosion&Scale Contra. 36mg/L Facility : # 15 USA Blended Phosphates Trade Designation Product Function Max Use. info.nstorg/Certified/PwsChemicals/Listings.asp?CompanyName=8,TradeName=cp+722&ChernicalName=8,ProductFunction=8,PlantState=&PlantCou.., 2/3 5/8/2019 Listing Category Search Page I NSF International CP 722 Corrosion&Scale Control 28mg/L CP 722E Corrosion&Scale Control • 36mg/L Number of matching Manufacturers is 2 Number of matching Products is 3.1 Processing time was o seconds • info.nsf.org/Certified/PwsChemi cats/listings.asp?CompanyName=&TradeNa me=cp+722&ChemicalName=&Produ ctFunction=&P IantState=&PlantCou... 3/3 • • STERLING WATER TECHNOLOGIES LLC SAFETY DATA SHEET 1. PRODUCT AND COMPANY IDENTIFICATION Product Identity: CP 722 • Recommended use of the chemical and restrictions on use: Use as water treatment chemical. Manufacturer: Sterling Water Technologies LLC 902 S High St ' Columbia,TN 38401 • Telephone: (800)426-2428 Emergency Phone: CHEMTREC: (800)424-9300 SDS Date of Preparation: 09/06/2017 2. HAZARDS IDENTIFICATION GHS Classification: Physical Health Environment Not Hazardous Not Hazardous Not Hazardous GHS Label Elements: None Required 3. COMPOSITION/INFORMATION ON INGREDIENTS Component ) CAS No. Amount Water 7732-18-5 50-70% Inorganic Phosphates Proprietary - 30-50% The exact concentration is being withheld as a trade secret. 4. FIRST AID MEASURES • Eye: Immediately flush victim's eyes with large quantities of water,while holding the eyelids apart. Get medical attention if irritation occurs and persists. Skin: Wash skin thoroughly with soap and water. Get medical attention if irritation develops. Remove and launder clothing before reuse. Ingestion: Do not induce vomiting. Rinse mouth with water and give one glass of water to drink.Never give anything by mouth an uncouncious or convulsing person. Get medical attention. Inhalation: Remove victim to fresh air. If breathing is difficult or irritation persists,get medical attention. Most important Symptoms: May cause eye irritation. May cause skin irritation on prolonged or repeated contact. Inhalation of mists may cause mucous membrane and respiratory irritation. Indication of immediate medical attention/special treatment: Immediate medical attention is not required. Page 1 of 4 • CP 722 . 09/06/2017 5. FIRE FIGHTING MEASURES Suitable(and Unsuitable)Extinguishing-Media: Use media appropriate for surrounding fire. Cool fire exposed containers and structures with water. Specific hazards arising from the chemical: Thermal decomposition may yield oxides of sodium, and phosphorus. Special Protective Equipment and Precautions for Fire-Fighting Instructions: Firefighters should wear positive pressure self-contained breathing apparatus and full protective clothing. Aqueous solutions may cause surfaces to be extremely slippery and cause a slip hazard. Explosion Data(sensitivity to mechanical impact or static discharge):None known. 6. ACCIDENTAL RELEASE MEASURES Personal Precautions,Protective Equipment,and Emergency Procedures: Evacuate spill area and keep unprotected personnel away. Wear appropriate protective clothing as described in Section 8.Aqueous solutions may cause surfaces to be extremely slippery and cause a slip hazard. Methods and Materials for Containment and.Cleaning Up: Dike and collect liquid or absorb with an inert absorbent and place in appropriate containers for disposal.Prevent spill from entering sewers and water courses.Report releases as required by local,state and federal authorities. 7. HANDLING AND STORAGE Precautions for Safe Handling: Avoid contact with the eyes, skin and clothing:Avoid breathing mists or aerosols. Wear protective clothing and equipment as described in Section 8.Use with adequate ventilation. Wash thoroughly with soap and water after handling. Keep containers closed when not in use. Do not reuse containers. Empty containers retain product residues can be hazardous. Follow all SDS precautions when handling empty containers. Conditions for Safe Storage,Including Any Incompatibilities: Store in a cool, dry,well-ventilated area away from incompatible materials. Protect from physical damage. 8. EXPOSURE CONTROLS/PERSONAL PROTECTION Exposure Guidelines: Inorganic Phosphates None Established - Engineering Controls: Use with adequate general or local exhaust ventilation to maintain exposure levels below the occupational exposure limits. Respiratory Protection: In operations where exposure levels are exceeded,a NIOSH approved respirator with dust/mist cartridges or supplied air respirator appropriate for the form and concentration of the contaminants should be used. Selection and use of respiratory equipment must be in accordance with OSHA 1910.134 and good industrial hygiene practice. Skin Protection: Wear impervious gloves such as rubber or neoprene if needed to avoid prolonged skin contact. Eye Protection: Safety glasses recommended. " Other: Long-sleeved clothing and long pants recommended to avoid prolonged skin contact. Suitable washing facilities should be available in the work area. Page 2 of 4 CP 722 • 09/06/2017 9. PHYSICAL AND CHEMICAL PROPERTIES Appearance And Odor: Clear to slightly turbid,viscous, opaque liquid with a characteristic odor. Physical State: Liquid Odor Threshold:Not established Vapor Density: Same as water Initial Boiling Point/Range: >100°C(>212°F) Solubility In Water: Soluble Vapor Pressure: Same as water Relative Density: 1.28-1.42 • Evaporation Rate: Same as water. Melting/Freezing Point: <0°C(<32°F) pH: 4-7 VOC Content: 0% Octanol/Water Coefficient:Not determined Solubility: Partial Decomposition Temperature:Not determined • Viscosity: Not determined Flammability(solid,gas):Not applicable Flashpoint: None " Autoignition Temperature: Not determined Flammable Limits: LEL: Not determined UEL:Not determined 10. STABILITY AND REACTIVITY • Reactivity: Not normally reactive Chemical Stability: Stable under normal storage and handling conditions. • Possibility of Hazardous Reactions: None known. Conditions to Avoid: None known. Incompatible Materials: Strong oxidizing agents, strong acids, strong bases, and strong reducing agents. Hazardous Decomposition Products: When heated to decomposition emits toxic oxides of sodium, and phosphorus. , 11. TOXICOLOGICAL INFORMATION • HEALTH HAZARDS: Ingestion: Ingestion may cause mucous membrane and gastrointestinal irritation with nausea,vomiting and diarrhea. Large amounts may cause decreased blood pressure,decreased heart rate and coma. Inhalation: Inhalation of mists may cause irritation of the nose throat and upper respiratory tract. Eye: May cause irritation with pain and tearing. Skin: May cause irritation on prolonged or repeated contact. Sensitization: This material is not known to cause sensitization. Chronic:None known. Carcinogenicity:None of the components is listed as a carcinogen or suspected carcinogen by IARC,NTP or OSHA. Germ Cell Mutagenicity:None currently known. Reproductive Toxicity: None currently known. Numerical Measures of Toxicity: Inorganic Phosphates: Oral rat LD50—7100 mg/kg; Dermal rabbit LD50->7940 mg/kg 12. ECOLOGICAL INFORMATION Ecotoxicity: . Inorganic Phosphates:48hr Daphnia magna EC50->1000,mg/L; 96hr Bluegill sunfish LC50—6400 ng/L; 96hr Rainbow Trout LC50—3200 mg/L Persistence and Degradability: Biodegradation is not applicable to inorganic substances. Page 3 of 4 CP 722 09/06/2017 Bioaccumulative Potential: No data available Mobility in Soil: No data available Other Adverse Effects: None known 13. DISPOSAL CONSIDERATIONS Dispose in accordance with local, state and federal environmental regulations. 14. TRANSPORT INFORMATION DOT Hazardous Materials Description: Proper Shipping Name:Not regulated UN Number:None Hazard Class/Packing Group:None Labels Required:None Note: If>24,500 pounds of this product in a single container,RQ requirements apply. 15. REGULATORY INFORMATION CERCLA: Releases above the reportable quantity of 24,500 lbs must be reported to the National Response Center. Many states have more stringent release reporting requirements. Report spills required under federal, state and local regulations. SARA Hazard Category(311/312): Refer to Section 2 for OSHA Hazard Classification. SARA 313: This product contains the following chemicals subject to Annual Release Reporting Requirements under SARA Title III, Section 313 (40 CFR 372):None EPA TSCA Inventory: All of the ingredients in this product are listed on the EPA TSCA Inventory. CANADA: This product has been classified under the CPR and this SDS discloses information elements required by the CPR. Canadian CEPA: All the components of this product are listed on the Canadian DSL. 16. OTHER INFORMATION NFPA Rating: Health=0 Flammability=0 Instability=0 HMIS Rating: Health= 1 Flammability=0 Physical Hazard=0 Date of current revision: 09/06/2017 Revision History: Reviewed SDS, updated Section 11, 12, 15. Date of previous revision: 06/28/13" NOTICE This above information is believed to be correct but does not propose to be all inclusive and shall be used only as a guide. Sterling Water Technologies LLC shall not be held liable for any damage resulting from handling or from contact with the above product. This information relates only to the product designated herein and does not relate to its use in combination with any other material or process. Page 4 of 4 Exhibit"B" Emergency Spill Plan Emergency Spill Plan All drivers are trained according to regulations to respond to:,spills based upon the chemical being hauled. Likewise, safety equipment is on board including, but not limited to, hard hat, face shield, goggles, gloves, respirator and splash covering. Equipmentis inspected at least annually. Emergency contact number is listed on all bills of lading. This number is (800) 424-9300 for Cherntrec. • Names of contacts for Sterling Water Technologies are; Bob Whalen(Sales Manager) 931-540-1334 Beverly Robinson(Customer Service Mgr) 931-540-1334 Sterling Water Technologies LLC P.O.Box 602 • Columbia,TN 38402-0602 Phone:(931)540-1334 Page 11 of 12 Attachment 2 Agreement ..-------""1 GEORSCO.01 KDISIPIO ACC7121":)" DATE(MMIDDrYYTY) 41.1..... CERTIFICATE OF LIABILITY INSURANCE 06/06/2019 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 rights to the certificate holder In lieu of such endorsement(s). PRODUCER JRkiecr Karen Dlslpio People's United Insurance Agency,Inc. ;VA,Ex I);(860)524-7660 I FAx I oic,eo(844)6484609 One Financial Plaza Hartford,CT 06103 VA k s s;Karen.Dislpio@peoples.com INSURER(S)AFFORDING COVERAGE NAICII _INSURER A:AIG Specialty Insurance ComDanv 26883 INSURED INSURER 8;Commerce and Industry Insurance 19410 _ Sterling Water Technologies,LLC INSURER C: 902 S.High Street INSURER 0: Columbia,TN 34801 INSURER E: INSURER F: 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 ADOL SUER I POLICY EFF PCUCY EXP LIMITS 1 LTR TYPE OF INSURANCE NSD WVQI POLICY NUMBER IMMIDD/YYVY1 JAIMIDD/YTYYI I A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _5 1,000,000 ci.Aims.mADE ER1 OCCUR EG1426072901 05/3112019 05/31/2020 IngE04,7,01,,,, s 1,000,000 _ MED EXP(AuV Com 25,000 pemool 5 1 ,_L1,000,000E. RSONAL&ADV INJURY $ - .GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 ____ POLICY jter I I LOC PRODUCTS-COMP/OP AGG $. 2,000,000 OTHER. 5 COMBINED SINGLE LIMIT 1,000,000 B AUTOMOBILE LIABIUTY .JELLiazr&anti 5 X ANY AUTO. CA4416733 05/31/2019 05131/2020 BODILY INJURY(Perron) 5 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident) S X ANS ONLY x MOM 11v:wow—GE $ -TO'Comp DED 1 x 'Co0 DEO 5 A uMBRELLA UAB X OCCUR EACH OCCURRENCE 5 15,000,000 X EXCESS MB CLAIMS-MADE EGU1426073001 05/31/2019 05131/2020 AGGREGATE 5 15,000,000 I DED X I RETENTIONS 0 5 B WORKERS COMPENSATION . X STATUTE 1 W- AND EMPLOYERS'UABIUTY Y/N WC65437494 05/31/2019 05/31/2020 1,000,000 ANY PROPRIETORPARTNER/EXECUTIVE EL EACH ACCIDENT $ Ragrryii,P;101 EXCLUDED'? NM EL DISEASE-EA EMPLOYEE $ 1,000,000 Viessdringit`VOPERATIONS below I E L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(ACORD 101 Additional Remarks Schedule,may be attached If more apace I.required] 5)1,000 PPT's Light/Medium Trucks and Trailers;52,000 Heavy/Extra Heavy Trucks and Tractors. City of San Juan Capistrano,the City Council,Members of the City Council and City Officers,Employees and Agents are additional Insureds where required by contract per the terms,conditions and exclusions of the general liability policy. MCS•90 applies•55,000,000 limit SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of San Juan Capistrano ACCORDANCE WITH THE POLICY PROVISIONS. 32400 Paseo Adelanto San Juan Capistrano,CA 92675 AUTHORIZED REPRESENTATIVE X...65.ftee CI. %deed 9muneutee rigege,et, 906, . 1 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:GEORSCO-01 KDISIPIO LOC#: 999 ACC)RO' ‘.....---- ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED People's United Insurance Agency,Inc. Sterling Water Technologies,LLC 902 S.High Street POLICY NUMBER Is EE Columbia,TN 34801 PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM Is A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations1LocationsNehicies: POLLUTION LEGAL LIABILITY; Pollution Legal Liability(Claims Made Coverage)-Coverage D-1 &D-2$1,000,000 (Applicable to Scheduled locations;limit inclusive of defense costs), Additional Pollution Legal Liability-Coverage E-1 to E4(Occurrence)$1,000,000 [Includes: Hostile Fire and Building Equipment(E-1);Products Pollution(E-2); Contractor's Pollution(E4)and Transported Cargo(E-4)] DEDUCTIBLE(INCLUSIVE OF ALLOCATED LOSS EXPENSE): Per Claim(Applicable to Pollution Legal Liability 0-1; D-2) $25,000 Per Occurrence(Applicable to Transported Cargo E-4) $10,000 • ACORD 101(2008/01) ©2008 ACORD CORPORATION..All rights reserved. The ACORD name and logo are registered marks of ACORD Carolyn Mair-Basiura From:, Disipio, Karen_<Karen.Disipio@peoples.com> Sent:- ' Thursday,June.6, 201.9 1:22 PM To: Patti Leffler BAdmSterling Subject: RE:COI Request for San Juan Capistrano, CA Attachments: Eagle E-4.pdf;MCS-90:pdf;Wrong Delivery of Prdt.pdf; 103124 item f..pdf;City San Juan ,Capistrano requirements.pdf;Certificate of insurance.pdf Patti— Certificate attached. In response to the requirements; AUTOMOBILE e: AIG doesn't endorse CA9948 on to their auto policies in their program for chemical accounts e Transportation pollution coverage exists in the EAGLE; E-4.It responds to transit and loading/unloading,and based on AIG's interpretation it is broader as they advise the CA 9948 would not include loading/unloading. — Eagle E-4 attached. GENERAL LIABILITY • Contractual Liability is excluded under the coverage parts with exception as listed below.Third party action over is not excluded based on description below Exclusions 2.b.Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption.of liability in a contract or agreement. This exclusion does not apply to liabilityfor damages: - (I) That the'insured would have in the absence of the contract or agreement; or (2)Assumed in a contract or agreement that is An insured contract,provided the bodily injury pr property damage occurs subsequent to the executiori of the contract or agreement. Solely for the purposes of liability assumed in an insured contract, reasonable.attorney fees and necessary litigation expenses incurred by or for a party other than On insured are deemed to be damages because of bodily injury or property damage,provided: (a)Liability to such party for, or for-the cost of that party's defense has also been assumed in the same insured contract; and (b)Such attorney fees and litigation expenses are for defense.of that party_against a civil or alternative:dispute resolution proceeding in which damages to which this insurance applies.are alleged e.Employer's Liability Bodily injury to: (1)An employee of the insured, arising.out of and in the course of (a)Employment by the insured; or (b)Performing duties related to the conduct of the insured's business;or (2) The spouse, child parent, brother or sister of that employee as a consequence of Paragraph(I) 1 above. This exclusion applies: (1) Whether thainsaredImay be liable as an employer-or fp any othM:dapaelly;kind (2) To any atiligationlb-thai4'.diimage$Witit,or repay someone.else who:must:pay damages because of theityiniy Thisexthisionceg nOtapply to I ilityAsiththd bytherlithiired-taidei=an hisitred cokiidet Cross-liability/severability of interest—refertaform 103124 item f.,attached: • ThankvOy. • Karen'L. DitiplO ACcouht Manager Commercial Division People's United Insurance Agency • One FinanCial Plaza 755 Main Street. Hartford.CT 06103 Em-aik Katen.Disiiiicifteoples:coni Tel. 860524-7660 Fax(844),648,7609 From:Patti Leffler<pleffler@coynechemkal.corn> Sent:Thursday,June 06,2019 10!.50 AM To:.Disipio, Karen Karen.Disiploppeoples.cortl>, Cc OA-denSte**<BAdmSterling@CoyneChemical.6orri t!lije0:COI krequet fortan Juan Capistrano,CA • • Kar0", • Please send a Cal for the following,custamer City,Of-.. an Juan Capistrano 32400 Paseo.Adelanto • San Juan.Capistrano, CA 42.675 Page 4-6.40.the attached PDP.contains the insurance requirements. Please let we know if'yOu need anyeelitItg else. • Thanks! • • Patti Leffler,Bid/Co6tract:Administratgr • GEORGE•S:'COYNE,CHEMIeAL CQ:,.ING .STERLING:WATER TECHNOLOGIES LLC 3015 State,Road, Croydon, PA1190.21 • - T:-215=785-3000: • -215=785=1:585 • • E: bidadmiinistration@_covnechemical.corn • • • insurance'coverage:cannot be bound'oraitered via.electrorilc mail'without confirmation from.a,ticensed insurance Agent. The security,delivery;and timeliness of.deliveryof etectronicmaii`sent:over the;.internet is`riot'guaranteed.Most electronic mail isnot secured.Do net send us eonflderitiat Infonnationlike socialsecurity riumbers;account numbers,or driver's license numbersby electrenic.mait The.informatloiT,transmitted is intended solely for,the individual or entitylo.ivhi h itis addressed:add may contain confidential.proprietary,and/or privileged material:_Any review re-transmission;dissemination,oi,nttier use of or taking action in reliance upon this-information'by persons or entities other than the Intended • recipient is prohibited::4f you have received this e-mail in.error.please contacf.the tender.and delete.the rriaterial'fmttt the computer. • • • • • • • • . • • • • • • • • • • • • • • • • • • • • 3 • • Arising.out of the radioactive, toxic or explosive properties of nuclear material, and for which the United States Department of, Energy or anyother government authority has indemnified the insured, or for which • 'the Price Anderson Act,provides protection for the.insured. COVERAGE E.-ADDITIONAL POLLUTION LEGAL LIABILITY 1. Insuring Agreements COVERAGE'E-1 - HOSTILE FIRE.AND BUILDING EQUIPMENT We wilt pay those sums that the insured becomes legally obligated to.pay,as loss because of: {t) Bodily injury sustained within a building and caused by smoke, fumes, vapor or soot produced by or ' originating from equipment'that is used to heat, cool or dehumidify the building, or equipment that is used'to heat water for personal use, bythe building's'occupants'Or their guests; or (2) Bodily injury, property damage or environmental damage caused by heat, smoke or-fumes from a .hostile.fire. COVERAGE'E-2- PRODUCTS POLLUTION-AND EXPOSURE LIABILITY We willpay those sums that the insured becomes legally Obligated to pay as loss because of'bodily injury, property damage or environmental damage resulting from pollution conditions caused by your product and included in the products-completed operations hazard: We will also pay those,sums that the insured becomes legally obligated to pay as loss because of bodily injury or property damage resulting from ingestion,or inhalation of,.contact.with, or exposure to, any fumes; dust, particles, vapors, Liquids or other-substances originating from your product and included in the products-completed-operations hazard. COVERAGE E-3- CONTRACTORS POLLUTION LIABILITY We will pay, those sums that the insured becomes legally obligated to pay as loss because of bodily injury, property damage, or environmental damage'resulting from pollution conditions caused by your • work. COVERAGE E-4-TRANSPORTED CARGO We will pay those sums that the insured becomes legally obligated to pay as loss because of bodily injury, property damage or environmental damage resulting from pollution conditions caused by an occurrence during the transportation of cargo. . COVERAGE E EMERGENCY RESPONSE COSTS We.will pay emergency'response costs resulting from pollution conditions caused'by:-(a) heat, smoke or fumes from a hostile fire, provided Coverage E-1 is purchased;. (b) your product, provided Coverage E-2'is_purchased; (c),your work, provided Coverage E-3 is purchased;'Or (d) an occurrence during the transportationof cargo, provided Coverage E-4 is purchased. Emergency response costs Must be first incurred by the insured and reported to us during the policy period. The insured must report the emergency response costs to us, in writing and in accordance with Section IV:2. of-the Policy and such pollution conditions must be unexpected and unintended from the standpoint of the insured. Each of the following paragraphs is applicable to Coverages E-1 through E-4: a. We will have the right and duty to defend the insured, to the extent applicable under each coverage of • Section E-1 through E-4, against any suit seeking 'damages for bodily injury, property damage or environmental damage. However, we wilt have no duty to defendthe insured against any suit.Seeking Page 16 of 47 103124 (05/14) CI5506 • • • • • • FORM MCS-90 Revised 01/05/2017' OMB No.::2126;0008 Expiration: 01/31/2020 • USDO1 Number: Date Received: A Federal Agoneyinny net conduct or*sensor,arid a poroon.ia not Mound to respond to,nor shall e'patoen be eubjaet to it penalty for Warn to comply with a collection of hdormation subject to the raauitementa of the Paperwork ftoductian Act unless that cdilectMn et information displays a curries yatef OMB Control Numhor,The OMB Control Number for this mtarmation collection is 21261.0008. 'Public reporting for this collection,of lnfonnnrion is astbntuoil lu bo approsintrrtety 2 minutes par response,inOtudmg,the time for reviewing instructions,gathering the data needed,rput completing'and 'rorrivioe the colfecdon of information.All responses to Ibis:coliection of information are rnedomry.Sand comments regarding this burden estimate or any other meat of aria_couaclian of Information, including suggestions for reducing this burden tai Information Cellcellen Cianrnnca Officer,rederol Motor Carrier Sataty'Administration,MC•RRA,Washington,O.C:20640, �i 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 GEORGE. S. COYNE CHEM I CAL CO. .1NC. of 3015 STATE ROAD •CROYDON, PA 19021 (Motor carrier name! (Moter Carrier sterol Dated at 175 WATER ST. , NEW YORK, NY 10038 on this 10TH day'of MAY , 2019 ,Anieriding Polley Number: CA 44.1-67-33 Effective Date .0i/3112019 Name of Insurance Company COMMERCE AND I NDUSTRY INSURANCE COMPANY Countersigned by:, (authorized company representative; The policy to which this.endorsementis attached provides primary or excess insurance,as indicated 'for the limits shown(check only one!: Thls/nsu,once.is primary and the company shall not be.pobfe for amounts In excess of$.5.000,000 for each accident. This Insolence is excess and the company shall not be liable for amounts In excess of $, for each accident 7n excess of the underlying limit'of$ far 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 lain force as of a particular date. The telephone number to call is:1.888.609.7046. Cancellation of this endorsement may be effected by the company or;tho insured by giving(1) thirtyfive(35)days notice in writing to the. other party(said.35 days notice to commence from the data 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,D.C,). Filings must be'transmitted online via the Internet at http:Ilwww.fmcsa.dot.govfurs. • • • (continued on next page) • • • Form MCS-90 (page 1 of 3) FORM MCS-90 Revised 01/05/2017 • OMB No.: 2126-0008 Expiration: 01/31/2020 DEFINITIONS AS USED IN THiS ENDORSEMENT Accident includes continuous or repeated exposure to conditions or Environmental Restoration means restitution for the loss, damage, which results in bodily injury, property damage, or environmental or destruction- of natural resources arising out of the 'accidental- damage which the insuredneitherexpected nor intended. discharge, dispersal, release or 'escape' into or upon the land, Motor Vehicle means a land vehicle, machine. truck, tractor, atmosphere, watercourse, or body .Of water, of any commodity trailer, or semitrailer propelled or drawn by mechanical power and transported by a motor carrier. This shall include the cost of used on a highway for transporting property, or any combination removal and the cost of necessary measures taken to-minimize or thereof. mitigate damage to human health, the natural environment, fish, shellfish,and wildlife. Bodily injury means'injury to the body,sickness,. or disease to any person,including death resulting from any of these, Public Uabi/Ily means liability for bodily injury, property damage. and environmental restoration. Property Damage means damage to or loss,of use of tangible - property. The insurance policy to which:this endorsement is, attached of, shall relieve-the company, from liability or from the payment of. provides automobile liability insurance-and'is amended to assure. any final judgment, within the limits of liability herein described, compliance by the insured; within the limits stated herein, as a Irrespective of the financial condition, insolvency or bankruptcy of motor carrier of property, with Sections 29 and 30 of the'Motor the insured.,However, all terms, conditions,-and limitations In the Carrier,Act.of 1980 and the rules and',regulations of the Federal policy to which the endorsement is attached shall remain in full Motor Carrier Safety Administration(FMCSA}, force and effect as binding between the insured and the company. in.consideration of-the premium stated in the policy to which this The insured agrees to reimburse the company for any payment endorsement is attached,,the insurer (the company) agrees to pay, made by the,company on account of any accident, claim, or suit • within the limits of liability described herein,, any final judgment involving a breach of the terms of the policy; and for any payment recovered against the insured for public 'liability resulting from that the company would not have been obligated to make under negligence in the Operation, maintenance or use of motor vehicles the provisions of the policy except for the agreement contained in subject to the financial responsibility requirements of Sections 29 this endorsement. and 30 of the Motor Carrier Act of 1980 regardless of whether or It is further understood and agreed that, upon failure of the riot each.motor vehicle is-specifically described in the policy and company,to pay any final judgment recovered'again the insured as whether or not such negligence occurs on any route or in any provided herein, the judgment creditor may maintain an action in territory authorized'to be served by the,insured or elsewhere.Such any court of competent jurisdiction against the company to compel insurance as is afforded,dor public liability,does not apply to injury such payment. to or death of the insured's employees while engaged in the course The limits of the company's liability for the amounts prescribed in of their employment, or property transported by the insured, this endorsement apply separately to each accident and any designated as cargo. It is understood'and agreed that no condition, payment under the policy because of any one accident shall not provision, stipulation, or limitation contained in the policy, this operate to reduce,the liability of thrf company for the payment of endorsement,or any other endorsement thereon,or violation there- final judgments resulting from any Other accident. • • (continued on next page) Form MCS-90 (page 2 of 3) • FORM MCS';•90, Revised 0110572017 OMB No,: 2126-0008 Expiration:01131/2020 • SCHEDULE.OF"LIMITS; PUBLIC LIABILITY Type of carriage • Commodity transported. January 1, 1985 (1) •FIN-hire(In interstate or foreign commerce,with a . Property(nonhazardous) S 750,000 gross vehicle weight rating of, 10,000 or more po• .unds), (2) For;hire and.Private (In interstate, 'foreign or Inv- Hazardous substances, as defined in 49 CFR. 171'.8. -estate commerce; with a gross vehicle weight ra- ting transported in cargo tanks, portable tanks, or hopper. S. 5;000,000 of 10,000-or mora"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,Zono A, or tiVision 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 corm- Oil listed inn 49 CFR 172.101; hazardous waste; haz- s 1,000,000 merce,"in any'quantity, or in intrastate commerce, iri ardous materials; and hazardous substances defined In bulk only;with a gross vehicle weight rating,of 10,000 49 CFR 171.8 and !fated:in 49 CFR 172.101, but not or more pounds). 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 commerce, with,-a gross vehicle weight rating of less quantity of a-Division.2.3, Hazard Zone A, or Division S 5;000,000 than 10,000 pounds). 6.1,Packing Group 1,Hazard Zone-A material; or high- way 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 twitter schedule arc for information purposes only. • • Form MCS-90 (page 3 of 3) • • POLICY NUMBER::CA 441-67L.33 ,COMMERCIAL AUTO .CA 23'05 10 13 THIS'ENDORSEMENT'CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ---- WRONG DELIVERY OF LIQUID .PRODUCTS. This endorsement modifies insurance provided,under the following: BUSINESS AUTO.COVERAGE FORM • MOTOR CARRIER COVERAGEFORM with:respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless Modified by the endorsement, Covered Autos Liability Coverage is changed by Delivery is considered Cornpkited even if further adding the following exclusion: service or maintenance work, or ,correction, repair ThiS insurance does not apply to: or replacement is required because of wrong "Bodily injury" or "property damage" resulting from delivery, the delivery of any liquid.Into the wrong receptacle or to the wrong address,- or from the delivery of one liquid -for another, if the. "bodily injury" or "Property damage" occult-after delivery has been Completed. • • • CA 23 05 10 13 , 0 Insurance Services Office, Inc., 2011, Page 1 of 1 • c. Transportation • • Arising out of the maintenance, use, operation or loading or unloading of any conveyance beyond the boundaries of the insured property. d. Intentional Noncompliance :Arising from pollution conditions based upon or attributable to any responsible insured's intentional, willful or deliberate noncompliance with any statute, regulation, ordinance, administrative complaint, notice of violation, notice letter, executive order, or instruction of any governmental agency or body. e. Internal Expenses For costs, charges or expenses incurred by the insured for goods supplied or services performed by the staff or salaried employees of the insured, or its parent, subsidiary or affiliate, except for emergency response costs, or unless such costs, charges or expenses are incurred with our prior written approval at our sole discretion, • f. Insured vs. Insured By any insured against any other insured. This exclusion does not apply to claims initiated by third parties or claims that arise out of an indemnification given by you to another insured in an insured contract. g. Asbestos and Lead Arising from asbestos or any asbestos-containing materials or lead-based paint installed or applied in, on or to any building or other structure. This exclusion shall not apply to claims for bodily injury, property damage, or to clean-up costs for the remediation of soil and groundwater. h. Employer's Liability Arising from bodily injury to an employee of the insured arising out of and in the course of employment by the insured. This exclusion applies whether the insured may be, liable as an employer or in any other capacity and to any obligation to share damages with or, repay someone else who must pay damages because of the injury. i.. Prior Knowledge/Non-Disclosure Arising from pollution conditions existing prior to the inception date of this Policy and known by a responsible insured and not disclosed in.the application for this Policy, or any previous policy for which this Policy is a renewal thereof. j. Identified Underground Storage Tank Solely with respect to Coverage D-1,-arising from pollution conditions resulting from an underground storage tank whose existence is known by a responsible insured as of the inception date of the Policy and which is located on the insured property unless such underground storage tank is scheduled on the Policy by endorsement. k. War Arising directly or indirectly as a result of or in connection with war, whether declared or not, or any act or condition incident to war. War includes civil war, insurrection, act of foreign enemy, civil commotion, factional civil commotion, military or usurped power, rebellion or revolution. L Nuclear Material Page 15 of 47 103124 (05/14) C15506