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17-0620_BRENNTAG PACIFIC, INC._Purchase Agreement AGREEMENT FOR PURCHASE OF CHEMICALS THIS AGREEMENT FOR PURCHASE OF CCALS (hereinafter referred to as "Agreement") is made and entered into this day of June, 2017, by and between CITY OF SAN JUAN CAPISTRANO, (hereinafter referred to as "City"), and BRENNTAG PACIFIC, INC., (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 "GW RP"). B. City desires Supplier to provide Aqueous Ammonia 19%, Citric Acid 50%, Sodium Hydroxide 50% and Sodium Metabisulfite 25% 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, 2017, and shall be in effect up to and including June 30, 2019. 2. Method of Ordering. 2.1 Supply and Purchase of Goods. Aqueous Ammonia 19%, Citric Acid 50%, Sodium Hydroxide 50% and Sodium Metabisulfite 25% 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 of the 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 (hereinafter referred 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: Glenn Garrett 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 Glenn Garrett, Chief Plant Operator] 949-234-4415 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. 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 injury and property damage, at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 Page 4 of 12 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, at least 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. In the 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 the City prior to Work commencing. If any of the required coverages expire during the term of this Agreement, the Supplier shall deliver the Page 5 of 12 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 Brenntag Pacific, Inc. Utilities Department 10747 Patterson Place 32400 Paseo Adelanto Santa Fe Springs, CA 90670 San Juan Capistrano, CA 92675 Attn: Kosta Skourtis, Vice Attn: Eric Bauman President-Southern Region 16. Independent Transactions. Each shipment shall constitute a separate and independent transaction 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. Page 6 of 12 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 Aqueous Ammonia 19%, Citric Acid 50%, Sodium Hydroxide 50% and Sodium Metabisulfite 25%. 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 party shall 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 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. Page 7 of 12 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 BRENNTAG PACIFIC, INC. 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 BRENNTAG PACIFIC, INC. By: Benjamin Siegel By: Title: Ci Mana.er / Title: Signature: ,�° / Signature: Attest: By: Maria Morris Title: City Cle. Signature: . ,{. APPROVED AS TO FORM: BEST BEST & KRIEGER LLP By: 66 , . I%e Signature .y4..; 7„..„..„------v_____ Page 9 of 12 SIGNATURE PAGE AGREEMENT FOR PURCHASE OF CHEMICALS BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND BRENNTAG PACIFIC, INC. 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 BRENNTAG PACIFIC, INC. By: Benjamin Siegel By: Kosta Skourtis Title: City Manager Title: Vice Presiden ,Southern Region Signature: Signature: • Attest: • By: Maria Morris Title: City Clerk . Signature: APPROVED AS TO FORM: BEST BEST& KRIEGER LLP By: Signature: Page 9 of 12 Exhibit "A" Product Specification and Quantity Estimate and Supplier's Quotation CHEMICAL DESCRIPTION & PRICES: Approximate Annual Unit Price Unit Price Unit Price Unit Price Quantity Per Gallon Per Gallon Per Gallon Per Gallon Chemical (gallons) Year 1 &2 Year 3 Year 4 Year 5 Corrosion Inhibitor' 5,000 $10,20 to be reviewed to be reviewed to be reviewed Aqua Ammonia(Liquid Ammonium Hydroxide) $4.8350 19% 4,000 • Citric Acid 50% 1,800 $7'8432 " Hydrogen Peroxide $4.73$2 50% 2,000 Sodium Hydroxide $2.4641 .Caustic Soda 50% 45 000 Sodium Hypochlorite 51.19 ^ w (Bleach)12.5%, 90,000 Sodium Metabisulfite $1 ^ (Bisulfrte)25% 50,000 Sodium Permanganante 310.90 • - ^ 20% 15,000 7,000 gallons Antiscalant--Pretreat or 64,000 Pius Y2K liquid pounds nra Antiscalant—Pretreat nia Plus 0400 165 Supplier's Signature:_IL N.,. Date: MaY 25,2017 Print Name &Title: Koste Skourtis,Vice President-Southern Region Page 10 of 12 - ; PROPOSAL DOCUMENTS FOR CHEMICAL SUPPLY & DELIVERY Sealed proposals shall be enclosed in an envelope clearly marked with Suppliers name, address, and "Water Treatment Chemical Supply& Delivery" Request for Proposal. Proposals may be mailed or delivered to: City of San Juan Capistrano, Utilities Department Attention: Noreen Swiontek, Senior Management Analyst 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Proposals must be received by: 4:30 p.m. on Tuesday, May 30, 2017. The proposal submitted by the undersigned declares: 1. That he/she has read the instructions, terms & conditions, and specifications of this RFP and has abided by and agreed to the conditions herein and do hereby propose to provide materials and services required in the amounts listed in the Chemical Description and Prices. 2. That this proposal is genuine, and not sham or collusive, nor made in the interest of, or on behalf of any person not herein named, and that the bidder has not directly or indirectly induced or solicited any other proposer to put in a sham bid, or caused any other person, firm, or corporation to refrain from submitting a proposal, and that the proposer has not in any manner sought by collusion to secure an advantage over any other proposer. 3. That the addenda, if issued, relating to this RFP have been received and are acknowledged. I certify and declare under penalty of perjury that the foregoing is true and correct and I am an authorized agent to s bmit this bid. Supplier's Signature: V, // Date: May 25, 2017 Print Name &Title: Kosta Skourtis, Vice President-Southern Region Business Name: Brenntag Pacific, Inc. Business Address: 10747 Patterson Place, Santa Fe Springs, CA 90670 Telephone No: (5620 903-9626 Fax No. (562)944-7484 Federal Taxpayer Identification Number: 20-0552611 California Contractor's License No: Expiration Date: Classification: Page 1 of 3 Proposal Documents Attachment 1 CHEMICAL DESCRIPTION & PRICES: Approximate Annual Unit Price Unit Price Unit Price Unit Price Quantity Per Gallon Per Gallon Per Gallon Per Gallon Chemical (gallons) Year 1 & 2 Year 3 Year 4 Year 5 Corrosion Inhibitor* 5,000 $10.20 to be reviewed to be reviewed to be reviewed Aqua Ammonia (Liquid Ammonium Hydroxide) $4.8350 n " " 19% 4,000 Citric Acid 50% 1,800 $7.8432 " " Hydrogen Peroxide $4 7382 „ II 50% 2,000 Sodium Hydroxide $2,4641 ,,(Caustic Soda) 50% 45,000 Sodium Hypochlorite $1.19 II " II (Bleach) 12.5%: 90,000 Sodium Metabisulfite $1 36 " " (Bisulfite) 25% 50,000 Sodium Permanganante $10.90 " „ „ 20% 15,000 _ 7,000 gallons Antiscalant— Pretreat or 64,000 Plus Y2K liquid pounds n/a Antiscalant— Pretreat n/a Plus 0400 165 Supplier's Signature: cl< Date: May 25, 2017 Print Name & Title: Kosta Skourtis, Vice President-Southern Region Page 2 of 3 Proposal Documents Attachment 1 REFERENCES: List at least four (4) Contracts of a similar type, either currently held or held within the past 36 months. From2018 to 2018 City/Company Contact Person Contract Amount Eastern Municipal Water District Rhonda Cooper Bullk Chemical Supply $800,000 Edison Material Supply Cheryl Downey Bulk Chemical Supply $1,700,000 Metropolitan Water District Angelo Sarao Bulk Chemical Supply $3,500.000 City Of San Diego Vanessa Delgado Bulk Chemical Supply $2,700,000 YI Supplier's Signature: ,t ';'c- /I Date: May 25, 2017 Print Name & Title: Kosta Skourtis, Vice President-Southern Region Page 3 of 3 Proposal Documents Attachment 1 Exhibit "B" Emergency Spill Plan Page 11 of 12 BRENNTAGMIA MIMI RE: Emergency Spill Plan —additional data Our drivers are trained to respond to small, incidental releases. They receive several hours of safety training each year. Some of the applicable spill related courses include:small spill response, personal protective equipment, hazardous waste, HAZCOM, etc. Our trucks are equipped with spill kits that include absorbent, absorbent pads, pigs, shovels, brooms, etc. The spill kits are not inspected at assigned frequency. They are inspected and restocked after they have been used. Our drivers are instructed to call their supervisor in the case of a large, uncontrolled release. The Supervisor will then call our emergency response contractor, CURA Emergency Services, to respond to the spill. Sincerely, Michael Nassralla Regulatory Compliance Manager Brenntag Pacific, Inc. Office Phone: (562) 777-9388 Cell Phone: (562) 322-2565 mnassralla(Wbrenntag.com ConnectingChemistry Regional Headquarters:10747 Patterson Place, Santa Fe Springs, CA 90670 Standard Operating Procedure Procedure Number: 1605 Page 1 of 4 Process Owner (Dept): Transportation Effective Date: 4/10/04 Approved By: Tom Bajema Key Words: _RDP,ISO Subject: Response to Transportation Spills and Facility: All Emergencies Policy Brenntag Pacific, Inc. (BPI)employees shall offer only advisory or technical information in the event that the Company is notified by a commercial or contract carrier of a transportation spill or release involving chemicals owned or distributed by BPI facilities. However, BPI employees should not actively participate in the clean up it self. When responding to transportation spills and releases involving a BPI driver and/or vehicle BPI employees are expected to conform to the procedures and strategies described below. Background and Scope Transportation incidents involving the release or threatened release of hazardous substances or hazardous wastes constitute a potentially serious threat to the public, the environment, and the safety and health of drivers and first responders. Chemical distributors who transport products, or arrange for the transport of their products, are subject to DOT reporting requirements and are expected to be knowledgeable about emergency response guidelines for their products that may be spilled or released during the transportation process. Accordingly, BPI has developed specific policies and procedures, including programs for branch and corporate personnel. All employees are expected to comply with these procedures. Responsible Individuals Actions or Responsibilities Vice President of Operations • Develops and disseminates policies and procedures. • Maintains overall responsibility for developing effective training programs to ensure employee safety and company response. • Coordinates emergency spill response activities. • Notifies regulatory agencies as appropriate. • Reviews effectiveness of policies, procedures, and training programs following a significant spill. • Initiate a response as necessary by BPI's approved emergency response contractor. Safety, Regulatory Compliance Quality • Assists in coordinating emergency spill (SRQ)Manager response activities. • Provides regulatory notifications as appropriate. • Audits transportation incidents and branch files. • Conducts performance-based training audit on periodic basis. • Initiate a response as necessary by BPI's approved emergency response contractor. BRENNTAG PACIFIC, INC. BRENNTAGAIN Standard Operating Procedure Procedure Number: 1605 Page 2 of 4 Process Owner (Dept): Transportation Effective Date: 4/10/04 Approved By: Tom Bajema Key Words: RDP,ISO Subject: Response to Transportation Spills and Facility: All Emergencies Environmental, Health &Safety Manager • Develops training programs in coordination with SRQ Manager. • Conducts performance based audits of training effectiveness. • Participates in post accident reviews. • Initiate a response as necessary by BPI's approved emergency response contractor. District Operations Manager • Assists in coordinating emergency spill response activities. • Notifies regulatory agencies as appropriate. • Prepares transportation incident reports and maintains incident files. • Initiate a response as necessary by BPI's approved emergency response contractor. _ Drivers • Notifies authorities and supervisors of an incident. • Remains at the scene, protects the scene. • Documents the incident. District Operations &Operations Manager • Coordinates the spill response activity with the driver. • Provides information and advice to first responders about BPI/Vendor products. • Investigates the incident and provides a written report. • Participates in post-incident review. Policy Requirements and Procedures A. Incidents involving Commercial/ Contract Carriers 1. Regulatory Compliance Manager, E.H &S. Manager or SRQ should provide information and advice about BPI/vendor products to emergency responders (to the extent known). 2. As a general rule, BPI should not arrange for emergency responders to respond to an emergency transportation incident or reports such incidents to regulatory authorities unless the commercial/contract carrier is unable or unwilling to do so. If BPI is obligated to retain outside contractors to protect the public or the environment because if the unwillingness of the commercial or contract carrier to do so, BPI employees should inform the carrier that carrier will be held responsible for response costs. B. Spills Incidents Involving Company Vehicles BPI drivers should follow the guidelines, procedures and strategies shown below. 1. Understand the order of priorities BRENNTAG PACIFIC, INC. BRENNTAG Standard Operating Procedure Procedure Number: 1605 Page 3 of 4 Process Owner(Dept): Transportation Effective Date: 4/10/04 Approved By: Tom Bajema Key Words: RDP,ISO Subject: Response to Transportation Spills and Facility: All Emergencies a) Life safety b) Incident stabilization c) Control of chemical releases 2. Remain calm and under control. If you are injured, call 911 or have someone else call 911. 3. Contact your immediate supervisor for instructions and begin securing the area (isolate and deny entry). 4. If smoke, fire or chemical odors are observed, immediately evacuate the area and keep people away from the scene. Do not open trailer doors if smoke or fire is observed. Call 911; provide location, directions, and notify responders if persons are injured. Stay at the scene to assist emergency responders. 5. If there is no smoke, fire, explosion or chemical odors, check for spills or leaks. 6. Identify the spilled material by checking shipping papers, the MSDS, and the Emergency Response Guidebook. Try to determine what and how much of the material is leaking or spilling. 7. Carefully open the trailer door and look for fluid leaking on pallets of the trailer floor. Look for overturned or damaged containers. 8. If a spill or release can be safely contained by the driver with the tools and equipment from the Company vehicle, do as follows: a) Retrieve personal protective equipment(PPE)and spill control equipment from the vehicle. b) Don appropriate PPE as the situation requires. (Only do so if properly trained) c) Stop leaking fluids from spilling onto the street, highway, or into sewers or streams; make a berm with dirt or absorbent material and cover any sewer openings with a rubber sewer cover. d) Use the broom or shovel to mix the absorbent material with the spilled material. e) Place the absorbent material into the proper recovery drums. Label the drums for proper disposal. Dispose of any contaminated PPE or other equipment in the same manner. 9. If the spill or release cannot be contained safely by the driver he/she must immediately contact their supervisor to initiate a third party emergency response. 10. Remain on the scene. Do not leave the scene of the incident until authorized to do so by an agency official and your supervisor. 11. Document the incident. Obtain names, titles and business cards of all witnesses and regulatory officials at the scene. Take photos. BRENNTAG PACIFIC, INC. B R E N N TAG Standard Operating Procedure Procedure Number: 1605 Page 4 of 4 Process Owner(Dept): Transportation Effective Date: 4/10/04 Approved By: Tom Bajema Key Words: RDP,ISO Subject: Response to Transportation Spills and Facility: All Emergencies Revisions Log & Approval: Date: Revision: Explanation of change: Approved By: 10/2/07 1 Responsible individuals Tom Bajema 5/29/09 2 Template Jorge F Martinez BRENNTAG PACIFIC, INC. B R E N N TAG Exhibit "C" Insurance Certificates Page 12 of 12 A O D CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) a7/27/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh USA Inc NAME -___- __ _ PHONE `FAX 1717 Arch Street .JNC No.EaR: (A/C,No): ___ Philadelphia,PA 19103-2797 E-MAIL ADDRESS_ __ —_ INSURER(S)AFFORDING COVERAGE 1 NAIC B 424780-'ALL-GAW-17-18 INSURER A:Insurance Company Of The State Of PA 19429 INSURED INSURER B:ACE American Insurance COm an 22667 BRENNTAG PACIFIC,INC —may — — — 10747 PATTERSON PLACE INSURER C_Indemn) Insurance CorNany of North America 43575 SANTA FE SPRINGS,CA 90670 INSURER 1:I_:Agri General Insurance Compny _ .42757 INSURER E:ACE Fire Underwriters Co 20702 _INSURER F: COVERAGES CERTIFICATE NUMBER: CLE-006120486-20 REVISION NUMBER: 16 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` ---_ _--__ --- ADDL'SUBR --------" --- ------ POLICY EFF 1 POLICY EXP LTR i TYPE OF INSURANCE INSD SVD I POLICY NUMBER (MM/DD/YYYY)I(MM/DD/YYWL1 LIMITS A • X 'COMMERCIAL GENERAL LIABILITY I GL6538752 01/01/2017 01/01/2018 EACH OCCURRENCE 5 2,000,000 DAMAGEE TO TO RENTED CLAIMS-MADE X OCCUR _PREMISES(Eaoccurrence)_i S -_ 1,000,000 i MED EXP(Any one person) : 5 1 10,000 PERSONAL&ADV INJURY S 2,000,000 GENII AGGREGATE LIMIT APPLIES PER' I GENERAL AGGREGATE S 2000,000 PRODUCTS-COMP/OP AGG '.S X POLICY ' PRO- LOC OO 0 , 5 OTHER: ISAH09052446 01/01/2017 101/0112018 • COMBINED SINGLE LIMIT $ 2,000,000 B AUTOMOBILE LIABILITY Ea accident - _ --__ - X .,ANY AUTO I BODILY INJURY(Per person) `S `- PROPERTY DAMAGEaccidenp, OWNED SCHEDULED i ; S ' 'HUTOS ONLY AUTOS AUTOS ONLY =_.._ AUTOS ONLY I ',per accident)_._____ S i i HIRED NON-OWNED � _ $ UMBRELLA LIAB t t _ _ j , ' :OCCUR I AGGREGATE __, S ( EACH OCCURRENCE �_ ' I EXCESS LIAB -J CLAI M_S-MAD_E+i k _—_-- S I- DED 1 RETENTION S f ( .S C I WORKERS COMPENSATION N RIEXECUTIVE .WLRC4„1OB242(AOS)MA) 101/01/2017 II 01101,2018 E L STATUTE (DENT _i_ - d 01/01/2017 OTH AND EMPLOYER ER WLRC4910828A CA, 01/01/2018 E L EACH AC ID EMPLOYEE.,1 2,000,006- ; 112017 ',ANYPROPRIETO D ;OFFICER/MEMBER EXCLUDED? N 'NIA WLRC49108321(TN) 01/01/2017 01/01/2018 [(Mandatory in NH) I I S 2 030,01)0 E 111 yes,describe under I SCFC49108369(WI) '01/01/2017 1 01/01/2018 2.000,000 DESCRIPTION OF OPERATIONS below ` E L DISEASE-POLICY LIMIT L S I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of San Juan Capistrano its officers employees.agents and volunteers are included as Additional Insured except for Workers Compensation,where required by written contract Sudden and Accidental Pollution is included with the General Liability Policy Pollution Liability-Broadened Coverage is provided under the Automobile policy. CERTIFICATE HOLDER CANCELLATION C:ty of San Juan Capistrano SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn Justin Kirk THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 32407 Paseo Adelanato ACCORDANCE WITH THE POLICY PROVISIONS. San Juan Capistrano,CA 92675 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee .'LQUQ c%-: ©1988-2016 ACORD CORPORATION- All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement, effective 12:01 A.M. 01/01/2017 forms a part of policy No.GL 653'87'52 issued to BRENNTAG NORTH AMER|CA. INC. by THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADD|TIONAL |NSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II - WHO IS AN INSURED, is amended to include as an additional insured: Any person or organization to whom you become obligated to include as an additional insured under this po|icy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: , The coverage and/or limits of this policy, or , The coverage and/or limits required by said contract or agreement. 7 Representative or Countersignature (in States Where APp0nvuvr)