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HomeMy WebLinkAboutPW17-502 - Original - Univar USA, Inc. - 2018 Water Treatment Chemical Supply - 11/07/2017 ri1°r✓Ulu!/d �%'i / 1pD,�rrra �� records �eme :/` KETIZ' „, W A5HiNGiOH r//r Document o a,T, rL ii✓� CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Univar USA Inc. Vendor Number. JD Edwards Number t� Contract Number: C VV t1 f 502- This is assigned by City Clerk's Office Project Name: 2018 Water Treatment Chemicals Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 11/7/17 Termination Date: 12/31/18 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Tom Cunningham Department: PW Operations Contract Amount: $3,494.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Supply the Water Department with water treatment chemicals for 2018. .. ..,._ _ ...,, _ ...... ........... .. . . ..... .. .. ..m. ..._, ............... As of: 09/27/14 KCNT GOODS & SERVICES AGREEMENT between the City of Kent and Univar USA Inc,. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Univar USA Inc. organized under the laws of the State of Washington, located and doing business at 8201 S. 2121h St., Kent, WA 98032-1994, Phone: (253) 872-5000, Contact: Jennifer Perras (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall supply the City of Kent Water Department with water treatment chemicals (bid item 8 and 12) according to the bid proposal submitted October 24, 2017, which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2018. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Three Thousand, Four Hundred Ninety Four Dollars ($3,494.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Compensation of up to $3,494.00 is based on an estimate annual need. Actual need may vary as follows: Item 8: zero to 1,200 gals. Item 12: zero to 1,000 gals. Therefore, actual compensation will be between $0 and $3,494.00 and be based on the exact quantity of chemicals ordered by the City. Vendor shall be paid after submittal of invoice. GOODS & SERVICES AGREEMENT - 1 (,120,000 or Less, Incl. WSST) If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defeotive gt Unauthorizg Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B, Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and 'state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to GOODS & SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following ---------- information: 1, The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3, The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. 13. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Dut to Complete.._Protested Work. In spite of any claim, the Vendor shall proceed th promptly to provide e goods, materials and services required by the City under this Agreement. GOODS & SERVICES AGREEMENT - 3 ($20,000 or Less, including NSST) D, Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL. INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable GOODS & SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Rec clabl� Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputed and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. GOODS & SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) H. Compliance with, Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City_._.Busaness_._L ice nse Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. ._.__. VENDOR: CITY OL"AwFKENT: By'____ t C t ✓G f By:_ Z—,�/ (si nature) (signature) Print Name: IJIAC64A nAtt�-(l Print Name: David A. Brock P.E. Its: Its: Interim Director Operations Manager (title) DATE: I i — L-2 _, DATE: _._ TO B O ............. NOICES.TO BE SNT NOICES E VENDOR: CITY OF KENT: Jennifer Perras Timothy J. LaPorte, P.E. Univar USA Inc. City of Kent 8201 S. 212`' St. 220 Fourth Avenue South Kent, WA 98032-1994 Kent, WA 98032 (253) 872-5000 (telephone) (253) 856-5500 (telephone) (253) 572-5041 (facsimile) (253) 856-6500 (facsimile) Unlvar-201B Water Chemicals/Cunningham GOODS & SERVICES AGREEMENT - 6 ($20,000 or Less, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. For: Title: Date:_ I ha k 2 EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A WATER TREATMENT CHEMICAL SUPPLY FOR 2018 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.3 & 1,6) for the following fees: Bidder's Name: f 1i , lrnX ur�a 71E _e _ Item Estimated Description Bid Unit Total Annual Unit Prices Usage 8 1,200 12 1/20/c Sodium Hypochlonte in I GALS* 100 to 400 Gal. Deliveries BULK GAL. 2_-p71 FOB Garrison Well Total $ *Estimated annual need is 1,200 Gals. Actual need may vary. [ L ifn-e L . Company Submitting Proposal Auth6rized Signature Note. Contractor must submit a firm proposal for the contract term(s). WATER TREATMENT CHEMICAL SUPPLY FOR 2018 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.5 & 1.6) for the following fees: Bidder's Name: I �a y.Ja-.vLL n A T+�.c , Item Estimated Description Bid Unit Total Annual Unit Prices Usaae 12 1,000 25% Sodium Hydroxide $ GALS* 1,000 to 2,000 Gal. Deliveries BULK GAL. 1.6 1 $ I ,UIO. ce FOB 212th Treatment Plant Total $ 1 ,010 ."y *Estimated annual need is 1,000 Gals. Actual need may vary,. L IL t(Cay Zf Company Submitting Proposal Au prized Signature Note: Contractor must submit a firm proposal for the contract term(s). EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobitle Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 it 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers" Comoensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability. insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. CERTIFICATE OF LIABILITY INSURANCE oATE`MM)oo1,YYY, 05131I201] 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 ley must have ADDITIONAL INSURE15provisions 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 ,°i—� this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). .c 0 PRODUCER CONTACT L Ann Risk SerVi Les central, Inc. NAME. Philadelphia PA Office (Arc,,No.EYIT ( ............... q ..Np.l: Boa-363-0I05 `0 one Liberty Place E.Adfal ap 1650 Market Street AaORESSv = Suite 1000 Philadelphia PA 19103 USA INSURER(S)AFFORDING COVERAGE NAICN INSURED 'INSURER A: ACE American Insurance company 22667 UNIVAR USA INC ..-......�......................_._.....:...........-,_.;i7'r'ica... ..,�.. 3075 Highland Parkway INSURER a: Indemnity Insurance Co of North America 43575 suite 200 INSURER C: Agri General insurance Company 42757 Downers Grove IL 60515 USA INSURER D: ACE Fire Underwriters Insurance Co, 20702 INSURER E: I111 n015 UnTop insurance Company 27960_ INSURER F. COVERAGES CERTIFICATE NUMBER:5700666086g2 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 L. 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 SLCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LSR TYPE OF INSURANCE IN MID POLICY NUMBERSIMADBOY)i LIMITS X I COMMERCIAL GENERAL LIABILITY XSLG b EACHOCCURRENCE $3,000,000 SIR applies per policy terry & condi .:ions CLAIMS-MADE �x (OCCUR .mil $1,000,000 L...._! PREMISES rFa MED ESP(Any one person) Excluded PERSONAL a ADV INJURY $3,000,000 ........__..�.�.....�-_._............... _—__.._..._ _......... m GRNAAIG+GPYF-GA''1"5Ci.6 IMIT APPLIES PER'. GENERALAGGREGATE $3,DD0,000 0 R POLICY 1 IPRO- ❑LOC PRODUCTS-COMPIOP AGO $3,000,0OD r0 _IJECT . ........... OTHER' �-_•-___.... .__�___-.-.... 0 A AUTOMOBILE LIABILITY ISA N09059532 06/01/2017 0 701/2018 COMBINED DINGLE LIMIT $S 000 000 '^ Commercial Auto r ia..l'L"-': X ANY AUTO BODILY INJURY(Per person) _ OWNED -SCHEDULED BODILY INJURY(Per accident) m AUTOS ONLY AUTOS BIREDAUTOa NON-0WNED PROPERTY DAMAGE ........ ONLY AUTOS ONLY F—ccdent) k Y m E X I UMBRELLA LIAR % OCCUR XCEG2]3805ti60(l4 /2017 06/01/2018 EACH OCCURRENCE $4,000,UOD V EXCESS LIAU CLAIMS-MADE SIR applies per policy tells & COndi :ions AGGREGATE $4,000,000 DED % RETENTION B WORKERS COMPENSATION AND WLRC M14DJSD6 1 L t D 1/ D X P7pTI ITF s !OTOH,xnnemrznnnrv�. EMPLOYERS'LIABILITY y ON ANY PROPRIETOR I PARTNER r EXECUTIVE — (Ao5) EL EACH ACCIDENT 11,000,000 A OFFICE MEMBER EXCLUDED? , NIA WLRc64409918 06/01/2017 06/Dl/2018 (Mandeloryln NH) (AZ MA) EL DISEASE-EA EMPLOYEE $1,009,000 Ilyes describe under DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS[VEHICLES(ACORD 101,hddlk4pm4fl#5105a INF SCFadel 1 meY mR R1MCNetl II mare apace Y reeuind �.. RE: Delivery of water treatment chemicals, Location: All ship Rto locations in the Bid. City of Kent is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. The 4F, Insured is self-insured for physical damage to their vehicles. A Waiver of Subrogation is granted in favor of certificate m4'. Holder in accordance with the policy provisions of the General Liability, Automobile Liability and Workers' Compensation policies. F! CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CityOf Kent AUTHORQEO REPRESENTATIVE Attn: Sean Bauer 4 Ave. S.Ken WA t isf.6 rX4bf? Kent WA 98032 USA I� 01988-2015 ACORD CORPORATION,All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD ° AGENCY CUSTOMER ID: 570000014538 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Central , Inc. ' UNIVAR USA INC POLICY NUMBER See Certificate Number: 570066609592 CARRIER NAIC CODE See Certificate Number: S70066609592 EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of LIabltlly Insurance INSURER(S) AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADIFITYPE OF INSURANCE NSD SOBR . POLICY NUMBER EFFECTIVE E%P1RA'I KIN LIMITS LTA TYPE WVD '.. DATE DATE jMMTDn'V V V1 IMMIDDNV V V� AUTOMOBILE LIABILITY A ISA H09059520 D6/01/2017 06/01/2018 Combined $5,000.000 Truckers Liability Single Lim! 'WORKERS COMPENSATION A N/A WCUC64409943 ',)6/01/2017 06/01/2019 (CA, OH, OR, WA) SIR applies per policy teems & conditions 0 N/A SCFC64409931 U 1 L 17 06/01/2019 (WI) C N/A WLRC6440992A I)6/01 2017 06/01/2018 (TN) ACORD 101(200B1ot) 0 200E ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD NOTICE TO OTHERS ENDORSEMENT—SCHEDULE Named Insured llnlvar Inc. Endorsement Number 36 Policy Symbol Policy Number Pollcy Period Effective Date of Endorsement XSL G27866190 06/01/2017 TO 06/01/2018 Issued By(Name of Insurance Company) ACE American Insurance Company I used the polluy number,Thro roremnder of the Information Is to be compIsted only when this andomemenl is W&uod subsequent to the,preparation of She Pollcy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel the Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium,we will endeavor, as set out below,to send written notice of cancellation, via such electronic or other form of notification as we determine, to the persons or organizations listed In the schedule that you or your representative provide or have provided to us (the "Schedule"). You or your representative must provide us with the physical and/or e-mail address of such persons or organizations, and we will utilize such e-mail address or physical address that you or your representative provided to us on such Schedule. B. The Schedule must be Inlfially provided to us within 15 days after: I. The beginning of the Policy period, if this endorsement is effective as of such date; or ff. This endorsement has been added to the Policy, if this endorsement is effective after the Policy period commences. C. The Schedule must be in an electronic format that is acceptable to us; and must be accurate. D. Our delivery of the notification as described In Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. E. We will endeavor to send or deliver such notice to the e-mail address or physical address corresponding to each person or organization indicated in the Schedule at least 30 days pi-or to the cancellation date applicable to the Policy. F. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organizatlon(s). Our failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. G. We are not responsible for verifying any Information provided to us in any Schedule, nor are we responsible for any Incorrect information that you or your representative provide to us. If you or your representative does not provide us with a Schedule, we have no responsibility for taking any action under this endorsement. In addition, if neither you nor your representative provides us with e-mail and physical address information with respect to a particular person or organization, then we shall have no responsibility for taking action with regard to such person or entity under this endorsement. H. We may arrange with your representative to send such notice in the event of any such cancellation. I. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. J. This endorsement does not apply in the event that you cancel the Policy. ALL-32687(05)11) Page 1 of 2 i All other terms and conditions of the Policy remain unchanged. Authorized Representative ALL-32687(05111) Page 2 of 2 1 ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION Named Insured Endosement Number Univar Inc. 5 Policy Symbol Policy Number Pallcy Period ffective Dele of Endorsement XSL G27866190 06/01/2017 to 0 610 1/2 0 1 8 Issued By(Name of Insurance Company ACE American Insurance Company laswl iha potltcy nrambor.TPt6 ramatadan of Iha Inlhrmatkrnl6lur be completed onfy when We endorsemerel.Be Issued subsaquern W the preparadon of She policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name of Person or Organization: Any person or organization whom you have agreed to include as an additional Insured under a written contract, provided such contract was executed prior to the date of loss. A. Section II — Who Is An Insured Is amended to include as an additional insured the person(s) or organizatlon(s) shown In the Schedule, but only with respect to liability for 'bodily injury", "property damage"or"personal and advertising injury"caused, In whole or In part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional Insured only applies to the extent permitted by law, and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III— Limits Of Insurance And Retained Limit: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown In the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Authorized epresentative XS-6W251b(04113) Includes copyrighted material of Insurance Services Office, Inc.,with Its permission. Page 1 of 1 1 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS 'Named Insured tlnlvar Inc. Endorsement Number 12 Policy Symbol Polley Number Policy Periotl Ettool7ve Dete of-Endorsement ISA H09059532 06/01f2017 To 06/01/2018 Issued By(Name of Insurance company) ACE American Insurance Company insert Irtie Poilc.^y n�rmbirr'.The rema4xlert or11M IntonnmiWm le in ha oo-mpin9ad amly wRSe OPoIa Sn,dwaammnt Is Issued Subsequent to the PrapamiWon 04 phn Polialr. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM Schedule Organization Additional Insured Endorsement Any additional insured with whom you have agreed to provide such non- contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss. (If no information is filled in, the schedule shall reed:All persons or entitles added as additional insureds through an endorsement with the term'Addttfonal Insured"In the title) For organizations that are listed In the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to the Other Insurance Condition under General Conditions: If other insurance is available to an Insured we cover under any of the endorsements listed or described above (the "Additional Insured") for a loss we cover under this policy, this insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. Authorized Representative DA-21686b(061`14) Page 1 of 1 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named Insured Univar Inc. En omement umber 22 Policy Symbol Policy Number Policy Period Effective Date of Endorsement - ISA H09059532 06/01/2ol7 To 06101/2018 Issued By(Name of Insurance Company) ACE American Insurance Company need ft mllcy number.Tho rawWar et the InIOfhiollOn I@ 00 be oeelpleted Only Whorl th@O ondorfioMonl to Issued sibcoquent to the preparation Y the policy, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM AUTO DEALERS COVERAGE FORM We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of the use of a covered auto. The waiver applies only to the person or organization shown in the SCHEDULE. SCHEDULE Any person or organization against whom you have agreed to waive your right of recovery In a written contract, provided such contract was executed prior to the date of loss. f Authorized Representative DA-13115a(06/14) Page 1 of 1 „C N 1 ADDITIONAL INSURED — DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Univar Inc. Endorsement Number 4 Policy Symbol Polley Number Policy Period EffaclJve Date of Endorsement ISA H09059532 06/01/2017 To 06/01/2018 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy numbw','Phe remainder of the Infonmatlon Is to be completed only when this oadorsam1rtnnt,la Issued suboactuont 0I prpropafatloe of the Policy. THIS ENDORSEMENT CHANGES.THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(s): erson or gManizaflon whom you have agreed to include as an additional Insured under a written contract, provided such contract was executed prior to the date of loss. A. For a covered"auto,"Who Is Insured Is amended to include as an"Insured,"the persons or organizations named in this endorsement. However,these persons or organizations are an `insured"only for"bodily injury"or"property damage"resulting from acts or omissions of: 1. You. 2. Any of your"employees"or agents. 3. Any person operating a covered"auto"with permission from you, any of your"employees"or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. Authorized Representative DA-9U74c(03/16) Page 1 of 1 POLICY NUMBER: ISA H09059532 Endorsement Number: 35 I COMMERCIAL AUTO CA 99 48 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS - BUSINESS AUTO AND MOTOR CARRIER COVERAGE FORMS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Covered Autos Liability Coverage is changed as "Covered pollution cost or expense" does not follows: include any cost or expense arising out of the 1. Paragraph a. of the Pollution Exclusion applies actual, alleged or threatened discharge, dispersal, only to liability assumed under a contract or seepage, migration, release or escape of agreement. pollutants": 2. With respect to the coverage afforded by a. Before the "pollutants" or any property in Paragraph AA. above, Exclusion 13.6. Care, which the "pollutants" are contained are Custody Or Control does not apply. moved from the place where they are B. Changes In Definitions accepted by the"insured"for movement into 9 or onto the covered"auto"; or For the purposes of this endorsement, Paragraph D. of b. After the "pollutants" or any property in the Definitions Section is replaced by the following: which the "pollutants" are contained are D. "Covered pollution cost or expense" means any moved from the covered "auto" to the place cost or expense arising out of: where they are finally delivered, disposed of 1. Any request, demand, order or statutory or or abandoned by the"insured". regulatory requirement that any "insured" or Paragraphs a. and b. above do not apply to others test for, monitor, clean up, remove, "accidents" that occur away from premises contain, treat, detoxify or neutralize, or in any owned by or rented to an "insured"with respect way respond to, or assess the effects of to "pollutants" not In or upon a covered "auto" "pollutants"; or if: 2. Any claim or "suit' by or on behalf of a (1) The 'pollutants" or any property in which governmental authority for damages because of the 'pollutants" are contained are upset, testing for, monitoring, cleaning up, removing, overturned or damaged as a result of the containing, treating, detoxifying or neutralizing, maintenance or use of a covered "auto"; or in any way responding to or assessing the and effects of"pollutants". (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 0 CA 99 48 10 13 ©Insurance Services Office, Inc.,2011 Page 1 of 1 . 1 POLICY NUMBER: ISA H09059520 Endorsement Number: 1 FORM MCS-00 Revised 01/05/2017 OMB No.:2126-0006 Expiration:01/3112020 USDOT Number. _ Date Received:_ J A Federal Agency may not conduct or sponsor,and a person is not required to respond to,nor shall a person be subject to a penalty for failure to comply with a collection of informatiou subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a earnest valid OMB Control Number.The OMB Control Number for this Information collection Is 2126-0003.Public reporting for this collection of J information is estimated to be approximately 2 minutes per response,including the time for reviewing instructions,gathering the data needed,and completing and reviewing the collection of information.All responses to this collection of ioformadue are mandatory.Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer,Federal hlotor Carrier Safety Administration,MC-RRA,Washington,D.C.20590. United Slates Department of Transportation - '4j Federal Motor Cartier Salty 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 I Issued to Univar Inc. of Illinois (Motor Carrier name) (Moron Carrier slate orprovihce) Dated at Wilmington,DE: 19803 on this 1 St day of June ,20 17 i 1 Amending Policy Number: ISA 1.109059520 Effective Date: 0610112017 i Name of Insurance Company: ACE American InSuran22 Company Countersigned by: (nathor✓xed company YoprpYzur .._._..... .. ........ 1 The policy to which this endorsement is attached provides primary or excess insurance,as indicated for the limits shown(check only one): FxflTbis insurance a primary and the company shad not be!fable for amounts m excess of 8 5.000 00,r 0 „ „for each accident. [—]Thh insurnvc./s earec'and the mmpaay rhafl nor be hahtafor amnanh fn excess of s for each accident in excess of the j underlying llmd of$ foreach occident. Whenever required by the Federal Motor Carrier Safety Administration(FMCSA),the company agrees to furnish the FMCSA a duplicate of said policy and all its endorsements.The company also agrees,upon telephone request by an authorized representative of the FMCSA,to verify that the policy Is in force as of a particular date.The telephone number to call is: 215-640-.4555. Cancellation of this endorsement may be effected by the company of the insured by giving(1)thirty-Ave(35)days notice in writing to the other party(said 35 days notice to commence from the date the notice Is mailed,proof of mailing shall be sufficient proof of notice),and (2)if the insured is subject to the FMCSA's registration requirements under qg U.S.C. 13901, by providing thirty(30)days notice to the FMCSA(said 30 days notice to commence from the date the notice is received by the FMCSA at its office in Washington,DC). Filings must be transmitted online via the Internet at hCtpa YfvWwsv'✓frnr.sa&cat.jyovLt. I i J (continued on next page) FORM MCS-90 Page 1 of 3 MC1622s(01-17)Wolters Kluwer Financial Services I Uniform Formsru FORM MCS-90 Revised 01/05/2017 OMB No.:2128-0008 Expiration:01131/2 0 2 0 [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 insured neither expected nor intended. discharge, dispersal, release or escape into or upon the land, Motor Vehicle means a land vehicle, machine,truck,tractor,trailer, atmosphere, watercourse, or body of water, of any commodity or semitrailer propelled or drawn by mechanical power and used on transported by a motor carrier. This shall Include the cost of removal and the cost of necessary measures taken to minimize or mitigate a highway for transporting property,or any combination thereof. damage to human health,the natural environment,fish,shellfish, and Bodily injury means injury to the body,sickness,or disease to any wildlife. person,including death resulting from any of these. Public Liability means liability for bodily injury,property damage,and Property Damage means damage to or foss of use of tangible environmental restoration. property. The insurance. policy to which this endorsement is attached or violation thereof, shall relieve the company from liability or provides automobile liability insurance and is amended to assure from the payment of any final judgment, within the limits of compliance by the insured, within the limits stated herein, as a liability herein described, irrespective of the financial condition, motor carrier of property, with Sections 29 and 30 of the Motor insolvency or bankruptcy of the Insured, However, all terms, Carrier Act of 1980 and the rules and regulations of the Federal conditions, and limitations in the policy to which the endorsement Motor Carrier Safety Administration(FMCSA). is attached shall remain in full force and effect as binding between In consideration of the premium stated in the policy to which this the insured and the company. The insured agrees to reimburse endorsement is attached, the Insurer (the company) agrees to the company for any payment made by the company on account pay, within the limits of liability described herein, any final of any accident, claim, or suit involving a breach of the terms of judgment recovered against the insured for public liability resulting the policy,and for any payment that the company would not have from negligence in the operation, maintenance or use of motor been obligated to make under the provisions of the policy except vehicles subject to the financial responsibility requirements of for the agreement contained in this endorsement. Sections 29 and 30 of the Motor Carrier Act of 1980 regardless of It is further understood and agreed that, upon failure of the whether or not each motor vehicle is specifically described in the company to pay any final judgment recovered against the insured policy and whether or not such negligence occurs on any route or as provided herein, the judgment creditor may maintain an action in any territory authorized to be served by the insured or in any court of competent jurisdiction against the company to elsewhere. Such insurance as is afforded, for public liability,does compel such payment. not apply to injury to or death of the insured's employees while The limits of the companys liability for the amounts prescribed engaged in the course of their employment, or property in this endorsement apply separately to each accident and any transported by the insured, designated as cargo. It is understood payment under the policy because of any one accident shall not and agreed that no condition, provision, stipulation, or limitation operate to reduce the liability of the company for the payment of contained in the policy, this endorsement, or any other final judgments resulting from any other accident. endorsement thereon, (continued on nsxtpage) FORM MC9.90 Page 2 of 3 ' I MC1622s(01-17) FORM MCS-90 Revised 01/05/2017 OMB No.:212&0008 Expli atlonc 0113112020 1 SCHEDULE OF LIMITS - PUBLIC LIABILITY 1 Type of carriage Commodity transported January 1,1985 ..... .« .. - i (1) For-hire (in interstate or foreign commerce, with a Property(nonhazardous) $750,000 gross vehicle weight rating of 10,000 or more pounds). (2) For-hire and Private (in interstate, foreign, or Hazardous substances, as defined in 99 f r'R_t71; ' $5,000,000 intrastate commerce, with a gross vehicle weight transported in cargo tanks, portable tanks, or hopper- rating of 10,000 or more pounds), type vehicles with capacities In excess of 3,500 water { gallons; or in bulk Division 1.1, 1.2, and 1.3 materials, - Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I,Hazard Zone A material;in bulk Division 2.1 or 2.2; or highway route controlled quantifies of a Class 7 material,as defined in (3) For hire and Private (in interstate or foreign Oil listed mt##, C;I 4d 1✓;VCl tii..; hazardous waste, $1,000,000 commerce, in any quantity; or in intrastate commerce, hazardous materials, and hazardous substances in bulk only; with a gross vehicle weight rating of defined in 49 GFR_ T I,A and listed in 49 CFR1;72.109, 10,000 or more pouni but not mentioned in.(2)above or 4 below. _ (4) For-hire and Private (In interstate or foreign Any quantity of Division 1.1, 1.2, or 1.3 material; any W $5,000,000 commerce, with a gross vehicle weight rating of less quantity of a Division 2.3, Hazard Zone A, or Division than 10,000 pounds). 6.1, Packing Group I, Hazard Zone A material; or f highway route controlled quantities of a Class 7 material as defined In 49_CrR y'The schedule of limits shown does not provide coverage.The limits shown In the schedule are for Information purposes only. I I FORM MCS-90 Page 3 of 3 MC1622s(01-17) ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT Named Insured Endorsement Number Univar Inc. 15 F.iVy Symbol Poley Number Polley Period Effective Date of Endorsement XSL G27866190 06/01/2017 to 0610112018 leaned By(Name of Insurance Company) ACE American Insurance Company Insart flea policy number.Tha rerna infer of the inform iflon is to be compated only whan this andorsomom Is lusued subsequent'do the preparation of tine policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY The following is added to Section 11.2—Who Is An Insured: e„ Any person or organization that you are required to include as an additional insured under this policy because of a written contract that: 1) Is in effect during this policy period; and 2) Was executed prior to the"occurrence" of the"bodily injury"or"property damage"; and 3) Qualifies as an "Insured contract'as defined in this policy. Any such person or organizatlon is an additional insured only for "bodily injury" and "property damage"resulting from: a. "your work"that you do for that additional insured pursuant to such contract; or b. "your product"distributed or sold to that additional insured pursuant to such contract; and such person is only an additional Insured for"occurrences"taking place during the period of time required by such contract or until the end of the policy period,whichever is sooner. However: 1)The insurance afforded to such additional insured only applies to the extent permitted by law; and ii) If coverage provided to the additional insured 1s required by a contract or agreement,the insurance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract: x. The insurance provided by this endorsement shall be limited to the Limits of Insurance required by the written contract; and y. This endorsement shall not increase the Limits of Insurance stated in the Declarations under Item 3. Limits of Insurance pertaining to the coverage provided herein. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless the written contract specifically requires that this Insurance apply on a primary or non-contributory basis. XS-21234b(08/13) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 2 i In accordance with the terms and conditions of the policy and as more fully explained In the policy, as soon as practicable, each additional insured must give us prompt notice of any "occurrence" which may result in a claim, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with all of the policy's terms and conditions. Authorized Representative XS-21234b(08113) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 2 POLICY NUMBER: WCU C64409943 SPECIFIC EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY Read the entire policy carefully to determine rights, duties and what Is and Is not covered. Throughout this policy, the words "you" and "your" refer to the employer named In Item 1 of the Information Page. The words "we", "us", 'bur' and the "Company" refer to the company providing this Insurance as Indicated on the Information Page. In consideration of the payment of the premium as herein provided, and of their respective agreements as herein set forth, the insurance company named on the Information Page made a part hereof and the party or parties named on the Information Page made a part hereof do hereby agree as follows: GENERAL SECTION A. Self-Insurance Your acceptance of this policy indicates that you are now and will remain until the end of the policy period a duly qualified self-insurer in each state named in Item 3 of the Information Page.You will do whatever is required, including provision of sufficient funds and compliance with any legally required self-insured registration or similar requirements, to maintain your status as a qualified self-insurer with respect to any Loss covered by this policy. If Your Retention or your self-insurer status at any time becomes invalid, suspended, unenforceable or uncollectible for any reason,we will be liable only to the extent we would have been had Your Retention remained in full effect and only to the extent we would be liable if you were a qualified self-insured. The Insured named in Item 1 of the Information Page shall give us written notice as soon as practicable of any change in the operating status of any of your self-insurer registrations in any state. If you begin work after the effective date of this policy In any state not named in Item 3 of the Information Page, or are not a qualified self-insured for such work, this insurance will apply as though that state were named In Item 3 of the Information Page, or as though you were qualified in that state, but only if you notify us in writing within ninety (90) d days from the date you begin such work. B. The Policy This policy Includes at Its effective date the Information Page and all the endorsements or schedules listed in Item 8 of the Information Page. The only agreements relating to this insurance are stated in this policy. The terms of this policy may not be changed or waived except by endorsement issued by us to be part of this policy. C. Who Is Insured You are insured if: 1. you are an employer named in Item 1 of the Information Page; 2. the employer named In Item 1 of the Information Page is a partnership or joint venture, and you are a partner in that partnership or a member of that joint venture, but you are an insured only in your capacity as an employer of employees in the partnership or joint venture; 3. you are a subsidiary, a division or an affiliated company now existing or as may hereafter be constituted, of an employer named in Item 1 of the Information Page, provided at least a 51% majority interest is owned or controlled by an employer named in Item 1 of the Information Page; or 4. you are a business entity over which an employer named in Item 1 of the Information Page has day-to-day management control. D. Workers Compensation Law Workers compensation law means the: 1. Workers compensation law and occupational disease law of each state or territory named in Item 3 of the Information Page; 2. Workers compensation law of a state not listed in Item 3 of the Information Page provided: CKE-1167k(10/06) ©Chubb.2016.All rights reserved. Page 1 of 11 G. Omnibus Reconciliation Act-Government Access Clause We will make available this policy and all documents needed to confirm the premium paid by you if the Secretary of Health and Human Services or the Comptroller General of the United States find that the policy is a contractor described In Section 1861 of the Social Security Act, 42 USC Section 1395, or any amendment to it, and they or you ask for our documents. If the Secretary of Health and Human Services or the Comptroller General asks for access to our documents, we will Immediately notify you and make these documents avallable to you, unless prohibited by law. The right to access will be determined by the above statute, or any amendment to it, or any rules or regulations established under it. H. Otherinsurance If the Insured carries other valid insurance, reinsurance or indemnity with any other insurer covering a loss covered by this policy (other than Insurance that is purchased to apply in excess of the sum of Your Retention and the Limit of Indemnity hereunder),we shall not be liable for a greater proportion of such loss than the applicable Limit of Indemnity of all valid and collectible Insurance, reinsurance or indemnity against such loss. If the Insured carries other insurance with us covering a loss within the limit covered by this policy, the insured must elect which policy shall apply and we shall be liable under the policy so elected and shall not be liable under any other policy. I. Recovery From Others We have your rights, and the rights of persons entitled to the benefits of this insurance, to recover our payments from anyone liable for the injury. You will do everything necessary to protect those rights for us and to help us enforce them. Any amount recovered as a result of such proceedings,together with all expenses necessary to the recovery of any such amount, shall be apportioned as follows: 1. if there is insurance coverage In excess of Our Limit of Indemnity, that insurer shall first be reimbursed to the extent of its actual payment; 2. we shall then be reimbursed to the extent of our actual payment and then we will pay the balance, if any,to you. The expenses of all proceedings necessary to the recovery of any such amount shall be apportioned between you and us In the ratio of their respective recoveries as finally settled. If there should be no recovery In proceedings instituted solely on our initiative, the expenses thereof shall be borne by us. "s In the event of any payment under this policy for a Loss for which you have waived the right of recovery in a written contract entered into prior to the Loss, we hereby agree to also waive our right of recovery but only with respect to such Loss. J. Sole Representative The insured first named In Item 1 of the Information Page will act on behalf of all insureds to give or receive notice of cancellation, accept Indemnity, receive return premium or request changes In this policy. K. Transfer of Your Rights and Duties Your rights or duties under this policy may not be transferred without our written consent. L. Unintentional Errors and Omissions Your failure or omission to disclose all hazards existing as of the inception date of the policy shall not prejudice you with respect to the coverage afforded by this policy provided such failure or omission is not intentional and you did not know about such hazards prior to the commencement of the policy period. it CKE-1167k(10/06) ©Chubb.2016.All rights reserved. Page 10 of 11 9 i' M. Loss Payments I We shall pay any Loss for which we may be liable under this policy In the following manner: 1. As respects Part One-Workers Compensation Insurance, payment shall first be made by you in accordance with the provisions of the workers compensation law, and we shall reimburse you for such Loss periodically, at intervals of not less than three months, upon receipt from you of proper proofs of payment. 2. As respects Part Two— Employers' Liability Insurance, if damages are paid by you, we shall make payment to you within thirty (30) days after we receive proper proofs of your payment of Loss covered under Part Two- Employers' Liability IN WITNESS WHEREOF, the Company has caused this policy to be signed by Its President and Secretary, and, where required by law, Its Information Page to be countersigned by one of its duly authorized representatives. 9 IV000 JOHN J. LUPICA, President CARMINE A.GIGANTI,Secretary d I r I r r CKE-1167k(10/06) ©Chubb.2016.All rights reserved. Page 11 of 11 d unIVARO Equal Employment Opportunity and Affirmative Action Policy It is the policy of Univar to comply with all applicable federal, state and local laws governing nondiscrimination in employment and to ensure equal opportunity in all terms and conditions of employment or potential employment. Univar prohibits discrimination and harassment against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, veteran status, genetic information or any other legally protected group status. Univar has established Affirmative Action Programs under EO 11246, Section 503 of the Rehabilitation Act, and the Vietnam Era Veteran's Readjustment Assistance Act of 1974 ("VEVRAA"). Univar engages in affirmative action measures to ensure that qualified applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, disability or protected veteran status. Univar has established an audit and reporting system to allow for effective measurement of its affirmative action activities. To implement this policy, Univar will: (1) Recruit, hire, train and promote qualified persons in all job titles, without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, veteran status, genetic Information or any other legally protected group status; (2) Ensure that employment decisions are based only valid job requirements; and (3) Ensure that all personnel actions and employment activities such as compensation, benefits, promotions, layoffs, return from layoff, Univar sponsored programs, and tuition assistance will be administered without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, veteran status, genetic information or any other protected group status. Employees and applicants for employment will not be subjected to harassment, intimidation, threats, coercion or discrimination because they have engaged or may engage in (1) filing a complaint, (2) opposing any act or practice made unlawful by, or exercising any other right protected by, any Federal, State or local law requiring equal opportunity, including Section 503 of the Rehabilitation Act, the affirmative action provisions of VEVRAA, and Executive Order 11246 or (3) assisting or participating in an any investigation, compliance evaluation, hearing, or any other activity related to the administration of any Federal, State or local law requiring equal opportunity, including Section 503 of Rehabilitation Act, the affirmative action provisions of VEVRAA, and Executive Order 11246. Erik Fyrwald, President/CEO, reaffirms support for the EEO policy and the affirmative action program and delegates overall responsibility for the implementation of the affirmative action activities to Craig Lawson. Gaul¢ `37fve au President/CEO September 2015