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HomeMy WebLinkAboutCAG2019-463 - Original - Northstar Chemical, Inc. - 2020 Water Treatment Chemical Supply - 11/06/2019 Agreement Routing Form KEN T For Approvals,Signatures and Records Management WAS,N I OG This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Nancy for Tom Cunningham Department: Public Works Date Sent: 11/12/19 Date Required: 11/14/19 R Authorized Director or Designee Date of o N/A C, to Sign: Council QMayor Approval: Budget 41005550.63150.7431 Grant? Yes W1 No Account Number: Type: N/A Vendor Northstar Chemical, Inc. Category: Contract Name: c Vendor . 89315 Sub-Category 0 Number: Project 2020 Water Treatment Chemical Supply i Name: 0 c Project Supply 2 water treatment chemicals to the City's Water Department. *. Details: C ar Basis for E Agreement $5,908 d Amount: Selection of Quotes Contractor: `Z Start Date: 11/6/19 Termination Date: 12/31/20 Notice required prior to Yes No Contract Number: disclosure? Date Received by City Attorney: Comments: to c 3 0 cl: N a i 3 t� Date Routed to the Mayor's Office: d Date Routed to the City Clerk's Office: a d Date Sent to Originator: Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 KENT WASHIIGTON GOODS & SERVICES AGREEMENT between the City of Kent and Northstar Chemical, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northstar Chemical, Inc. organized under the laws of the State of Oregon, located and doing business at 14200 SW Tualatin-Sherwood Road, Sherwood, OR 97140, Phone: (503) 625-3770, Contact: Julie DeBellis (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 7 and 8) according to the bid proposal submitted October 29, 2019, 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, 2020. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Five Thousand, Nine Hundred Eight Dollars ($5,908), 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 $5,908 is based on an estimate annual need. Actual need may vary as follows: Item 7: zero to 1,600 gals. Item 8: zero to 1,200 gals. Therefore, actual compensation will be between $0 and $5,908 and be based on the exact quantity of chemicals ordered by the City. 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. GOODS & SERVICES AGREEMENT - 1 ($20,000 or Less, inci. WSST) A. Defective or Unauthorized 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 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 GOODS & SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) 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. B. 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 Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. 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). GOODS & SERVICES AGREEMENT - 3 ($20,000 or Less, including WSST) 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 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. GOODS & SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) 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. Recyclable 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 Disputes 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 a►I 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. 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, GOODS & SERVICES AGREEMENT - 5 ($20,000 or Less, including WSST) 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 Business License 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. VE OR CITY OF KENT: Ld-z< By By: signat re) nature) Prin N e:�� ,IIIS Print Name: David A. Brock, P.E. Its' Ng v­ SI.V'VI- UY�Dar1l' Its: Deputy Director Operations Manager `1���Cj(title) D DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Julie DeBellis Timothy J. LaPorte, P.E. Northstar Chemical, Inc. City of Kent 14200 SW Tualatin-Sherwood Road 220 Fourth Avenue South Sherwood, OR 97140 Kent, WA 98032 (503) 625-3770 (telephone) (253) 856-5500 (telephone) (503) 625-1478 (facsimile) (253) 856-6500 (facsimile) ATTEST; Kent City Clerk Northstar-202C Water Chemicals/Cumingham 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 th ive quirem is referenced above. i By: lS For: 6Y V. Title: I 1 1 O Date: l �—LA -l"3 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 2020 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: , A + ,,P-,� AA Bidder's Name: K Ir S'- rY Item Estimated Description Bid Unit Total Annual Unit Prices Usage s 7 1,600 12 1/2% Sodium Hypochlorite in $c�, ( $ 33-7 GALS* 500-1,000 Gal. Deliveries BULK GAL. FOB 212th St. Treatment Plant Tota I $ 3. 3 *Estimated annual need is 1,600 Gals. Actual need may vary. �'a�� r ►'� V 1 Company Submitting Proposal A A, L�6 I J JAI-) Au o z d Signature N to Contractor must submit a firm proposal for the contract term(s). WATER TREATMENT CHEMICAL SUPPLY FOR 2020 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: A Bidder's Name: NJ SN\LjV\/t. C Item Estimated Description Bid Unit Total Annual Unit Prices Usage_ 8 1,200 12 1/2% Sodium Hypochlorite in $o2, 11 $ Z S 32— GALS* 100 to 400 Gal. Deliveries BULK GAL. FOB Garrison Well Total *Estimated annual need is 1,200 Gals. Actual need may vary. Nt��s C Company Submitting Proposal or d Signat e N te: ntractor 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. 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. NORTHCHE10 A`�o�® CERTIFICATE OF LIABILITY INSURANCE DAT7/1/20019 YY) 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 Commercial Lines-(628)201-9001 PHONE FAX xt. 628.201.9001 AIC No: 610.537.2393 USI Insurance Services LLC-CA Lic*:ODO8408 E-MALADDRESS: certificaleswf@usi.com 201 Mission St,11 th Floor INSURERS)AFFORDING COVERAGE NAIC# San Francisco,CA 94105 INSURER A: Aspen Specialty Insurance Co 10717 INSURED INSURER B: XL Specialty Insurance Company 37885 Northstar Chemical Inc. INSURERC: SAIF Corporation 36196 14200 S.W.Tualatin-Sherwood Rd. INSURER o: INSURER E: Sherwood,OR 97140 INSURER F: COVERAGES CERTIFICATE NUMBER: 14396942 REVISION NUMBER: See below 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 I 1ypE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LTR I POLICY NUMBER MM/DD/YYYY) (MMIDDIYYYYJ LIMITS A X �COMMERCIAL GENERAL LIABILITY ERAEJRWI9 �1 07/01/2019 07/01/2020 EACH OCCURRENCE S 1,000,000 CLAIMS-MADE I OCCUR PREMISES Ea oxurrence S 300,000 X Pollution Induded(Claims Made) MED EXP(Any one person) $ 25,000 PERSONAL&ADV INJURY S 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: _GENERAL AGGREGATE $ 2,000,000 POLICY JECOT LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: S B AUTOMOBILE LIABILITY AECO050135-02 07/01/2019 07/01/2020 CEeOMBINEDaccidentSI NGLE LIMIT S 1,000,000 X ANY AUTO BODILY INJURY(Per person) S OWNEO SCHEDULED P AUTOS ONLY AUTOS BODILY INJURY(Per accident) S HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY Per accident X MCS 90 X $5,000 Ded s A X UMBRELLA LAB X OCCUR EXAEJRX19 07/01/2019 07/01/2020 EACH OCCURRENCE S 5,000,001) EXCESS LIAB CLAIMS-MADE AGGREGATE S 5,000,000 DED RETENTIONS S C W D EMPL YERS'LI A ILIT 976980 ) 07/01/2019 07/01/2020 % STAruTE EERH AND EMPLOYERS'LIABILITY Y/N (OR ANYPROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBERE%CLUDED? NIA (Mandatory in NN) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 A Stop Gap Employers Liability ERAEJRW19 07/01/2019 07/01/2020 Bodily Injury by Accident-S1mm Ea Accident Stop Gap-State of Washington Bodily Injury by Disease-$t mm Aggregate Limit; Bodily Injury by Disease-S1mm Ea Employee; DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required( The City of Kent is named as additional insured as it relates to general liability and auto liability in accordance with the terms and conditions of the policies. Umbrella/Excess Liability follows form as it relates to additional insureds. The above coverage is primary and non-contributory where required by written contract. Certificate holder is provided 30 days notice of cancellation in accordance with the terms and conditions of the policies. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 220 Fourth Avenue South THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Kent,WA 98032 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATWE ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ©1988-2015 ACORD CORPORATION. All rights reserved. Named Insured: Northstar Chemical Inc. Policy Number:ERAEJRW19 Policy Term: 07/01/2019 to 07/01/2020 Ill. WHO IS AN INSURED A If you are designated in the Declarations as: I. An indvidual, you and your spouse are Insureds, but only with respect to the conduct of a business of which you are the sole owner 2 A partnef;ship or joint venture, you are an Insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business 3. A limited liability company you ere an insured. Your members are also insureds, but only with respect to the conduct of your business Your managers are Insureds txit only with respect to their duties as your managers. 4. M organization other than a partnership joint venture or limited liability company, you are an insured Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also Insureds, but only with respect b their liability as stockholders. 5. A trust you are an insured Your trustees are also insureds, but only with respect to their duties as trustees, B. With respect b all coverages other than Coverage 1 D (Employee Benefits Administration I_labillty), each of the following is also an insured: 1. Your volunteer workers, but only while performing duties retated to the conduct of your business, or your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers are insureds for. (a) Bodily Injury or personal and advertising Injury: ASPER108 0313 ;V Aspen Specialty Insurance Company,2012 Includes copyrighted material Page 20of34 of ISO Properties, Inc. used with permission (} To you, to your partners or members Of you are a partnership or joint venture), in your members (d you are a limited liability company); pi) For which there is any obligation to share damages with or repay someone eise who must pay damages because of the Injury described In (a)(i) above;or (5i) Arising out of the providing or failure b provide professional health care services except incidental health care services provided by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services end provided you are not engaged in the business of providing such services. (b) Property damage to property. 0) Owned occupied or used by,or 01) Rented to, In the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of ycur employees, volunteer workers, any partner or member (if you are a partnership or joint venture), or any member Of you we a limited liability company). 2. Any person(other than your employee or volunteer worker), or any organization while acting as your real estate manager. 3. Any person or organization having proper temporary custody of your property V you die, but only; (a) With respect to iability arising out of the maintenance or use of that property, and (b) Until your legal representative has been appointed 4. Your legal representative M you die, but only with respect b duties as such. That representative will have all your rights and duties under this policy C. Any subsidiary, associated aff.iiated or allied company a corporation, Including subsidiaries thereof, of which you have more than 50% ownerstup interest as of the inception date is a Named Insured D. Any organization you newly acquire or form other than a partnership, joint venture or limited liability company. and over which you maintain ownersh;p or majority interest, will quality as a Named Insured d there is no other similar insurance available to#,mt organization However 1. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, wtrchever is earlier; 2. Coverage under this Policy does not apply to any bodily Injury, property damage. offense environmental damage, wrongful act or crisis event that occurred before you acquired or formed the organization. E. Solely with respect to Coverage 10 (Employee Benefits Administration liabiityj, each of the following is also an insured: 1. Each of your employees who is or was authorized to administer your employee benstits program 2. Any persons, organizations or employees having proper temporary authorization to administer your employee benefits program i you die but only until your legal representative Is appointed. 3. Your legal representative if you die, but oNy with respect b duties as such. That representative will have al your rights and duties as such That representative will have all your rights and duties under;iris Po5cy. F. Any person or organization with whom you agree 10 include as an insured pursuant to an Insured contract is an insured, but n onty with respect b bodily injury property damage, environmental damage or personal and ASPER108 0313 Aspen Specially Insurance Company. 2012 Includes copyrighted material Page 21 of34 of ISO Properties Inc used with permission advertising Injury arising out of your operations,your worts, equipment or premises teased or rented by You, or your products which are distributed or saki n the regular course of a vendor's business: and (1)only for the teaser of the applicable limits of liability set forth in § II. of the Policy or the minimum limits d liability required by Me insured contract; however. 1. A vendor Is not an Insured as respects bodily Injury, property damage, environmental damage, emergency response coat, crisis coat or personal and advertlaing injury: (a) For which the vendor Is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have in the absence of the contract or agreement; (b) Arising out at any express warranty unauthorized by you; (c) Arising out of any physical or chemical change in the product made intentionally by the vendor, (a) Arising out of repackaging, except when unpacked so!ey for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from you, and then repackaged in the original container, (a) Arising out of any failure to make inspections, adjustments, tests or servk V as the vendor has agreed to make or normaiy, undertakes to make in the usual course d business, in connection with the distribution or sale of the products; (fl Arising out d demonstration installation, servicing or repair operations, except such operations performed at On vendor's location in connection vAh the sale of the product:or (g) Arising out of products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. 2. A manager or lessor of promises, a lessor of leased equipment. or a mortgages, assignee, or receiver is not an Insured as respects bodily Injury, property damage, environmental damage, emergency response coat, crisis cost or personal and advertising Injury: (a) Ansing out of any occurrence, offense or pollution incident that takes place after the equipment lease expires or you cease to be a tenant, or (b) Arming out of stnictural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of premises, or mortgagee, assignee,or receiver. G Any person or organization that has at least a 50% controlling Interest in you Is an Insured but only with respect to bodily injury property damage, environmental damage or personal and advertising Injury arising out of their financial control of you No person or organzat:on is an insured with respect to the conduct of any current or past partnership, joint venture or limited Lability company that is not shown as a Named Insured in the Declarations. ASPER108 0313 'O Aspen Specialty Insurance Company, 2012 Includes copyrighted material P2ge 22of 34 of ISO Properties, Inc. used with permission Named Insured: Northstar Chemical Inc. Policy Number: ERAEJRW19 Policy Term: 07/01/2019 to 07/01/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is hereby agreed that the Policy is amended as follows solely as respects Coverage Section 1. , Coverage 1A(Bodity Injury and Property Damage)and Coverage 1 B (Personal and Advertising Injury): SCHEDULE Name of Person or Organization: Blanket Where Required By Written Contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The persons or organizations shown in the Schedule above are insureds under§III.WHO IS AN INSURED, paragraph F. of this Policy subject to all the terms and conditions of that paragraph. With respect to the persons or organizations shown in the Schedule above, this Policy shall be primary and non-contributory with any other valid and collectible insurance available to such persons or organizations_ All other terms and conditions of this Policy remain unchanged. ASPER219 0313 Page 1 of 1 POLICY NUMBER; AECO050135-02 XIC 411 1013 ENDORSEMENT This endorsement,effective 12:01 a.m.,July 1,2019 forms apart of Pollcy No.AECO050135 issued to NORTHSTAR CHEMICAL COMPANY, INC. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM A. COVERED AUTOS LIABILITY COVERAGE, Who is An Insured, Is amended to include as an "insured" any person or organization you are required in a written contract to name as an additional insured, but only for"bodily injury" or"property damage" otherwise covered under this policy caused, in whole or in part, by the negligent acts or omissions of: 1. You,while using a covered"auto";or 2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered"auto"with your permission; Provided that: a. The written contract is in effect during the policy period of this policy; b. The written contract was signed by you and executed prior to the "accident causing `bodily injury" or"property damage"for which liability coverage is sought; and C. Such person or organization is an `insured" solely to the extent required by the contract, but in no event if such person or organization is solely negligent. B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and,in no event shall the Limits of Insurance set forth in this policy be increased by the contract. C. General Conditions,Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this poNcy be primary. All terms, conditions, exclusions and limitations of this policy shall apply to the liability coverage provided to any additional insured,and in no event shall such coverage be enlarged or expanded by reason of the contract All other terms and conditions of this policy remain unchanged. XIC 411 1013 ©2013 X.L.America, Inc. All Rights Reserved. Page 1 of 1 May not be copied without permission. GRIE 08114/2017 Includes copyrighted material of Insurance Services Office, Inc„with its permission. COMMERCIAL AUTO Policy Number:AECO050135-02 CA 04 49 1116 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance R. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance —Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to 1. Such "insured" is a Named Insured under such an "insured" under your policy provided that: other insurance; and 1. Such "insured" is a Named Insured under such 2. You have agreed in writing in a contract or other insurance; and agreement that this insurance would be 2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from "insured". any other insurance available to such "insured". CA 04 49 1116 ©Insurance Services Office, Inc., 2016 Page 1 of 1 U.S.Department of Transportation Frarnl Mob r- S."Atilt y Wahon ENDORSEMENT FOR FOAM APPROVED MOTOR CARRIER POLICIES OF INSURANCE FOR PUBLIC LIABILITY OMB No.:2128-0008 UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980 Issued to NORTHSTAR CHEMICAL COMPANY,INC. of SHERWOOD,OR 97140 Dated at 505 Eagleview Blvd.,Exton,PA 19341 this 1st day of July 1,2019 Amending Policy No. AECO050135-02 Effective Date dully 1,2018 Name of Insurance Company XL Specialty Insurance Company Countersigned by Authorized Company Representative The policy to which this endorsement Is attached provides prin.ary or excess Inshaence,as kxlcated by'p()-for the limits shown: ® This Insurance fs primary and to company shaft not bailable for amounts In excess of i 1,000,000 CSL for each accident. (I Trils Insurance Is excises and the company shsa not be liable for amounts In excess of t for each accident in excess of the underlying limit of S for each accident Wherever required by the Federal Motor Cartier Safety Administration(FMCSA),the Company agrees to fumah Cie FMCSA a duplicate of said policy and all Its endorsements.The company also agmea,upon tslephiorne request by an autorized representative of Via FMCSA,to verify Mal the policy Is in force as of e particular date.The telephone number to can is filIM)08a-1940 Cancellation or this andonsiament maybe effected by Cho company or the insured by giving(1)tnkty-five(35)days notice in writing to his other party(said 35 days nonce to commence from"date to ruAlce Is mailed,proof of melting shall be sufBderd proof of notice),and(2)if the insured Is subject to the FMCSA's roglstratlon requirements under 49 U S.C.13901,by providing thirty(30)days notice to to FMCSA(said 30 days notice le commence from the deb the notice Is received by the FMCSA at Its olncia In Washington D.C.). DEFINITIONS AS USED iN THIS ENDORSEMENT Accident Includes continuous or rapeate0 axpoaum to conddhens a which Fnrhurrmeltai Restoration means restitution fbr the loss,damage,or results In bodily Irlitry,property damage,or environmental damage which the destruction of natural resources adsirg out of the acddeMal discharge, insured neither expected nor intended dispersal,release or escape into or upon to land,atmosphere,watercourse, Notes Ve/riofr means a land velhicle,nechlne,truce tractor.baler,or or body of water,of any commodity transported by a motor carder.Thin shall semibeYer propelled or drawn by mechanical ical power and used on a Mghway Include the cost of removal and the cost of necessary measures taken to for IfelgpOrting properly.or arty combination lhhemof. mnimhze or nktigae damage to human health,the natural environment fish. Bodily injury means injury to the body,sickness,or d seeae to any person, ahellfiah,and wildlife. Including death resulting from any of these. Public Liabtilymeans liability for bodily injury,property damage,and Property Damage means damage to a lose of use of targible property_ environmental restoration The insurance poicy to wNcli this endorsement is attached provdes company from habil.ty or from the payment of any find judgment,within the automobile liability insurance and is amended to assure comy.ance by the limits of liabiity herein described.Irrespective of the finarioai rendition. insured,within the limits stated herein,as a motor carrier of property with Insolvency or bankruptcy of the insured.However,al$arms,conditions.and Sections 29 and 30 of the Motor Carrier Act of t 9a0 and the n/es and Iknitations in the policy to wfhidh the andorsemenl it attached ahae remain In regVations of the Federal Motor Cartier Solely Adm nis"tion(FMCSA). full force and effect as 6Ndii between the insured and the company_The In consideration of the premium stated in the policy to which this endorsemau Insured agrees to reimburse the company for any payment made by the Is attached,the Insurer(the company)agrees to pay,w:thin the 6mihs of company pany an account of any eccdem claim,or suit involving a breach of the IlablIO desc lbed herein,any final judgmerlf recovered egainia the i rnured for tams of the policy,and for any payment that the company would rot have pubic liability resulting hem negligence In the operation,manenance or use been obligated to make under the provisions of Ule policy except for the of motor vehicles subject to the financial Mapwhslbnfty raqu-rements of agreement contained in thh endorsement. Sections 29 and 30 of the Mohr Carrier Act of 1960 regarAass of whether or It Is further understood and nomad that,upon failure of the company to pay net each motor vehicle is specifically described in the poX cy and whebher or any final judgment recovered against the insured as provided herein,the not such^a91 occurs on any route or in any territory authorized to be judgment creditor may maintain an action in any court of competent served by the Insured or elsewhere.Such Insurance as is afforded,for public jurisd-ction against the company to compel such payment liability,does not apply to injury to or death of the insured's employees while The limits of the company's Notify for five amounts preschbed o this engiaged In the couirse of their empbyrnent,or property benspoded by the andoreamant apply saparelefy to each accident and any payment under the insured,designated as cargo.It Is understood and agreed that no oor4too, policy because of any one accident shell not operate to reduce the liability of provisinn,stipulation,or Ilmktation contained in the pohcy,this erdonemem, the company for the payment of gnat judgments resulting from arty other or any other endorsement thereon,or vlotellon thereof,shell relieve the accklark Form MCS-90 0614 "E 5CHEDUE OF MAIM SHOWN DCE5 Norl!Rmat Wr&shown Im ths schedule We pvrgosas SCHEDULE OF UMIT8—FUB=LlABHJTY Type of Cam urtn3porred Jan 1 1985 (1)For-hfre(ln Indentato orforottlncommerce,with s Property(1100119—cams) $750.000 Gross vehicle VISION rating of 10,000 or more pounds). (2)For-hire and Private(kn Interstate,foreign,or Hazardous substances,as defined In 49 CFR 17.0m.000 Intrastate oomrnems,with a gross vehicle weight rating 171.8.transported In cargo tanks,portable Lanka, of 10,000 or more pounds). or hopper-type vahides vMh capadtiea 1n excess of 3,500 water gallons;or in bulk Civilian 1.1,12. and 1.3 materials,Division 2.3,Hazard Zone A,or Division 8.1,Pecking Group I,Hazard Zone A rnatenal;in bulk Division 2.1 or 2.2;or lighfyay routs contnWed quantities of a Class 7 material,as defined in 49 CFR 173,403 (3)For-hire and Private On Manacle all foreign Oil listed In 49 CFR 172.101;hazardous—La. S1,000,000 eormnaroe,In any quantity;or Vn intrastate comrrrrce, hazardous materials,and hazardous substances detlned In bulk only;with a gnxs vehicle weight rating of In 49 CFR 171.9 and listed In 49 CFR 10,000 or mono panda). 172.101,but not MW60Med In(2)ebovo or(4) below. (4)For-tlra and Private(In Interstate or foreign Any quanlly of Division 1.1,1.2.or 1.3 matarlai; SS,Ot)D.000 comrnorce,with a gross vehicle weigh rating of less any quantity o1 a Division 2.3.Hazard Zone A.or than 10,000 pounds), Division 6.1,Pecking Group i,Hazard Zone A nwitenal;or hlghVIay route controlled quantitias are Class 7 material rn de9red in 49 CFR 173.403, Form MCS.90 0614