Agenda packet — Vallejo City Council, September 13, 2022 (part 4 of 11)

MWZY 313962 22
City of Vallejo, the Agency, its officers, officials, employees, agents and volunteers 202 Fleming Hill Rd.

Vallejo, CA 94590
07/01/22 07/01/22
Olin Corporation
07/01/23
The following is added to Section II.2 – Who Is An Insured:
e. The person or organization named in the Schedule above 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.

Such person or organization is an additional insured only for:
4) Coverage under Section I - Coverages, Coverage A. Bodily Injury and Property Damage Liability; and
5) Liability arising out of “your work” or “your product” for that additional insured; and
6) For the period of time required by the written contract and in no event beyond the expiration of this policy.

In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract:
7) The insurance provided by this endorsement shall be limited to the Limits of Insurance required by the written contract; and
8) 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 the Scheduled 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.

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
GL 449 001 0710

Page 2 of 2 ends

PCA 001 10 13
IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

SCHEDULE
Name of Person(s) or Organization(s):

With respect to COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured is changed with the addition of the following:

Each person or organization shown in the Schedule for whom you are doing work is an “insured". But only for "bodily injury" or "property damage" that results from the ownership, maintenance or use of a covered "auto" by:

1. You;

2. an "employee" of yours; or

3. anyone who drives a covered "auto" with your permission or with the permission of one of your "employees".

However, the insurance afforded to the person or organization shown in the Schedule shall not exceed the scope of coverage and/or limits of this policy. Not withstanding the foregoing sentence, in no event shall the insurance provided by this policy exceed the scope of coverage and/or limits required by the contract or agreement.

MWTB 313954 22 Olin Corporation 07/01/22 - 07/01/23 This page intentionally left blank
Exhibit F City of Vallejo Business License

CHEMICAL SUPPLIES PURCHASE AGREEMENT This Chemical Supplies Purchase Agreement ("Agreement") is made and entered into this 1st day of July, 2022, by and between the City of Vallejo, a municipal corporation ("City"), and Chemtrade Sulfate Chemicals, Inc., a Texas corporation, hereinafter referred to as “Vendor,” who agree as follows: 1. Vendor shall provide City, and deliver to Fleming Hill, Travis, and Green Valley Water Treatment Plants, as required by the Vallejo Municipal Water System, the following: a) Chemical: Aluminum Sulfate b) Quantity: 1300 dry tons c) Unit Price: $386.00 d) Total Chemical Cost: $501,800.00 (Five Hundred One Thousand Eight Hundred Dollars and zero Cents) e) Agreement Not to Exceed Amount: $510,000.00 (Five Hundred Ten Thousand Dollars and Zero Cents) The foregoing quantity(ies) is/are an approximation only, and are the quantities estimated as required by the Water System for the Agreement term. City does not expressly or by implication warrant that the actual quantities ordered during the Agreement term will correspond therewith, and reserves the right to increase or decrease the quantity of chemical ordered, at the bid price, as may be necessary or advisable. 2. Vendor hereby agrees that all chemicals and/or materials furnished shall be in accordance with the terms and conditions of each and every provision as set forth in those specifications entitled “NORTH BAY AGENCY CHEMICAL POOL CHEMICAL REQUIREMENTS,” referenced herein and made a part hereof as though attached or recited in their entirety herein. 3. Vendor further agrees that all chemicals and/or materials furnished and delivered shall be in conformity with its bid proposal and per specifications of the North Bay Agency Chemical Pool Bid opened on May 4, 2022. 4. Vendor further agrees that all chemicals and/or materials to be furnished and delivered shall be strictly in accordance with said specifications, except that the City reserves the right to accept material other than that called forth in said specifications provided the Water Director approves in writing such other chemical/material as equal or better prior to Vendor furnishing or delivering the same. 5. Vendor has obtained or agrees to apply, prior to performance under this Agreement, to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Vendor until such business license(s) has been obtained. 6. Vendor shall be fully informed of all Federal, State, County or Municipal laws, statutes, ordinances, codes and regulations which may in any manner apply to or otherwise have effect on the material to be furnished and shall at all times abide by all such rulings, orders and decrees of those agencies, bodies or tribunals having any jurisdiction or authority over the same. 7. City hereby agrees to pay to Vendor, in lawful money of the United States of America, at the time and in accordance with the provisions set forth in said specifications the price(s) set forth above. 8. The term of this Agreement is for Fiscal Year 2022-2023, shall commence upon issuance of purchase order, and shall continue in full force and effect until June 30, 2023. City shall, at its discretion, have the right to extend the term of this Agreement for 90 days by written notice to Vendor. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed September 30, 2023. If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo. 9. The parties hereto shall have the right by mutual consent to extend this Agreement on a month-to-month basis, notwithstanding the termination date specified above herein. Any such agreed extension may include a revision of the unit price herein recited and such revised price shall then prevail over the unit price recited herein for the term of such extension. In the event City desires to extend this Agreement, the Water Director shall so notify the Vendor, who shall promptly accept or reject such extension in writing. 10. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to: If to City: Beth Schoenberger, Water Director City of Vallejo Water Department 202 Fleming Hill Road Vallejo, CA 94589 If to Vendor: Parul Kacchia-Patel, Marketing Specialist Chemtrade Sulfate Chemicals, Inc. 90 East Halsey Road, Suite 200 Parsippany, NJ 07054 Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.

11. The City Representative shall administer this Agreement for the City, and routine administrative communications shall be made to the City Representative, or the representative's designee: Joe Abitong, Water Operations Superintendent City of Vallejo Water Department 202 Fleming Hill Road Vallejo, CA 94589 [email protected] 12. This Agreement, including all attachments, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto. 13. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts. 14. The following Exhibits are attached hereto and incorporated herein by reference: Exhibit A: Completed/Signed “Standard Agreement” Bid Form & Addendum Exhibit B: NBACP Award Form, and Bidder’s Bid Form/Bid Tabulation Exhibit C: NBACP Bid General Requirements Exhibit D: Manufacturer’s Information for Chemical Exhibit E: Insurance and Endorsements (including any attachments) Exhibit F: City of Vallejo Business License [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties. Chemtrade Sulfate Chemicals, Inc., a Texas corporation By: Parul Kacchia-Patel Marketing Specialist DATE: 11706766 Vallejo Business License No. (City Seal) CITY OF VALLEJO, a municipal corporation By: Mike Malone City Manager DATE: ATTEST: By: Dawn Abrahamson City Clerk APPROVED AS TO CONTENT: Beth Schoenberger Water Director APPROVED AS TO FORM: for Veronica A.F. Nebb City Attorney APPROVED AS TO INSURANCE: Armond Sarkis Risk Manager Exhibit A
Completed and Signed “Standard Agreement” Bid Form
and Addendum

Exhibit B NBACP Award Form, and Bidder’s Bid Form/Bid Tabulation

NORTH BAY AGENCY CHEMICAL POOL (NBACP) - PRIMARY CHEMICAL BID RESULTS MAY 5, 2021FY 2021 - 2022 ALUMACID ALUM50% NaOH50% NaOH25% NaOH25% NaOHLOXCO2 FERRICSODIUM BISULFITE (Dry Ton)(Dry Ton)(Dry ton)(Dry ton)(Dry Ton)(Dry Ton)(CCF) lb (gallon)(gallon)(Dry Ton)(gallon)(Dry Ton)(adjusted)(gallon)(gallon)(gallon)Ful l Ful l Ful l Short Ful l Short 100% 100% Ful l Short Ful l Short Ful l Ful l 100% 24% FullshorttoteBrenntag Pacific, Inc. $920.001024*$1,105.001310* $1.18$1.65$16.00 Carus LLC. $1.26$1.42$18.17
Chemtrade Chem$386.00$550.00
Kemira $1,378.00
Linde Inc. $1.15$0.14
Olin Corporation $936.33$1,086.33$1,044.67$1,319.67 $1.62$1.80 Pencco, Inc. $1,195.00 $2,333.33$560.00
Sterling Water Tech $0.95$1.04$12.91
Thatcher Co.of CA Inc$386.52$649.00 $1,800.00 $2,783.33$668.00 Univar Solutions $742.12$1,617.50$885.70$2,296.00 $2.45$2.72 $1.795

FISCAL YEAR
FY 22-23$386.00$550.00$742.12$1,086.33$885.70$1,319.67$1.15$0.14$1,800.00 $1.62$1.80$1,195.00$1.795$2,333.33$560.00$0.99$1.09$13.56 FY 21-22$266.00$450.00$402.99 $499.90 $1.05$0.09 $1,185.00$0.69$0.8027$900.00$1.12$2,226.09$534.26$0.4488$0.4491$27.0545 FY 20-21$285.00$375.00$443.00 $567.00 $1.00$0.07 $1,140.00$0.70$0.82$810.00$1.09$1,604.35$385.04$5.50$5.75$6.50 FY 19-20$255.00$297.70$674.60 $762.55 $756.00$0.26$0.00$850.00$0.65$0.65$1.05$1,352.17$325.50 $0.05 FY 18-19$255.00$297.70$674.60 $762.55 $0.26$0.0506$0.00$850.00$0.65$0.65$756.00$1.05$1,352.17$325.50 FY 17-18$232.00$257.00$538.22 $630.88 $0.28$98.32$0.00$800.00$0.53$0.59$500.00$1.03$1,421.74$341.22 FY 16-17$229.00$229.00$395.00 $444.06 $0.27 $615.00$645.00$0.47$0.57$438.78$0.94$1,661.00$398.64 FY 15-16$204.00$204.00$399.13 $463.26 $0.28 $459.00$462.00$0.50$0.57$493.70$0.89$1,789.83$429.56 FY 14-15$184.00$184.00$445.00 $483.80 $0.27 $519.00$555.00$0.51$0.58$517.00$0.91$2,065.21$495.65 FY 13-14$277.60$277.60$452.00 $479.00 $0.24 $565.00$540.00$0.62$0.50$597.00$0.75$2,480.39$595.29 FY 12-13$398.00$398.00$475.00 $505.00 $0.21 $565.00$540.00$0.58$0.48No Bid$0.75$2,550.00$612.00 * NonResponsive bid
OrthopolyphosphateFLUORIDECHEMICAL VENDOR LIQUID Cl2 (GAS) (1-ton Cylinder)

12.5% NaOCl

Exhibit C NBACP Bid General Requirements
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GENERAL REQUIREMENTS

1. NORTH BAY AGENCY CHEMICAL POOL (NBACP)

The sole purpose of the agency is to provide a single bidding source for the local Agency’s water treatment and waste water treatment chemical needs and make recommendations based on the lowest responsive and responsible bidder. It is the responsibility of local Agencies to finalize the procurement process of the NBACP’s preferred supplier of that certain chemical.

2. COMMON LANGUAGE

Unless otherwise specified in this document, all words shall have a common language unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. A dditionally, words in the masculine gender include the feminine and the neutral, and when the sense so indicates, words of the neutral gender may refer to any gender.

3. CONTRACT PERIOD

The bid pricing shall be fixed for the fiscal year FY 2022/23, (July 1, 2022 through June 30, 2023).

4. LAWS AND REGULATIONS

The chemical Supplier shall comply with all applicable State of California and Federal laws, City and County ordinances, licenses and regulations during the contract period.

5. EQUAL OPPORTUNITY

The successful bidder will agree not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry or physical handicap. It shall be a condition that any company, firm or corporation supplying goods or services, must be in compliance with the appropriate areas of the Americans with Disabilities Act of 1990. A certificate stating compliance with the Americans with Disabilities Act may be required, upon request, by any participating Agency.

6. SITE VISITS

After the bid opening, the successful bidders are welcome to visit all treatment plant facilities to familiarize themselves with the chemical storage and handling. Each Agency reserves the right to specify alternate delivery points as necessary.

7. CHEMICAL CONFORMANCE

All chemicals shall conform to their appropriate chemical’s technical specification. All chemicals designated as applicable for potable water treatment process shall be NSF 60 rated and/or meets the appropriate AWWA standard. All chemicals designated as applicable to wastewater treatment process shall meet the appropriate AWWA standard. The chemical supplier shall insure that the chemical being supplied meets such specifications and requirements.

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8. WARRANTIES
Bidder warrants that all materials will conform within applicable specifications given to Agencies and will be free from defects. Without limitation of any rights which Agencies may have by reason of any breach of warranty, products which are not as warra nted may be returned at Bidder's expense at reasonable time after delivery, for either credit or replacement, as each participating Agency may direct.

9. PURCHASE ORDERS

It is the responsibility of each Agency to issue Purchase Orders and/or Con tract Agreements to the successful bidder who is supplying the desired chemical. The Purchase Order and/or Contract Agreements and this bid shall constitute the entire agreement. Therefore, all chemical sales shall be invoiced directly to those Agencies, as per the Purchase Orders and/or Contract Agreements.

10. MODIFICATION OF AGREEMENT

No modification of award shall be binding upon any participating Agency unless made in writing and signed by authorized agents of each participating Agency.

11. INSURANCE

The successful bidder will provide all insurance documents within 15 days from the bid award date of May 13, 2022 and shall not commence work under the Standard Agreement until bidder has obtained all the insurance required under this paragraph and such insurance(s) shall have been approved by the individual Agency as to form, carrier and sufficiency. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier.

Bidder shall procure and maintain for the duration of the contract all necessary insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the bidder, the bidder’s agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE

1. Insurance shall be at least as broad as:

a. Standard Workers’ Compensation & Employer’s Liability Including Occupations Disease Coverage
b. Comprehensive General Liability Insurance
c. Comprehensive Automobile Liability Insurance
d. Umbrella/Excess Liability Coverage
e. Broad Form Contractors Pollution Liability Insurance

2. Insurance Services Office form covering Automobile Liability, code 1 (any auto)

3. Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance.

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BIDDER SHALL MAINTAIN LIMITS NO LESS THAN:

TYPE OF INSURANCE MINIMUM LIMITS OF LIABILITY
Standard Workers' Compensation &
Employer's Liability Including Occupations
Disease Coverage
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If bidder is self- insured, provide a certificate of Permission to Self-Insure, signed by the California Department of Industrial Relations and Self-Insurance.

Comprehensive General Liability Insurance
$5,000,000 per occurrence for bodily injury, personal injury, property damage and products and completed operations,
product liability, contractor’s pollution liability. If Commercial General Liability Insurance or other form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this product or the minimum
required aggregate limit or be twice the required
occurrence limit. Policy shall be endorsed to name the
Agency as an additional insured per the conditions detailed below.

ISO Form CG 20 10 (1/85) or its equivalent is required.

Comprehensive Automobile Liability
Insurance
$5,000,000 per accident for bodily injury and property
damage, to include automobile pollution liability. If the bidder is subject to the Motor Carrier Act of 1980,
Automobile Liability Policy must be endorsed to include MCS-90 Endorsement for transportation of hazardous
materials/waste/substances. If not, the policy shall be endorsed to include Transportation Pollution Liability
Coverage to cover the materials transported by the bidder.

Umbrella/Excess Liability Coverage
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the
underlying policies.

Broad Form Contractors Pollution Liability
Insurance
Same limits as Commercial General Liability insurance.

Time Element Sudden and Accidental coverage and/or
any Blended Pollution Endorsements on General Liability and Auto Liability policies and/or Pollution Liability
policies will not be accepted.

DEDUCTIBLES AND SELF-INSURED RETENTIONS

Any deductibles or self-insured retentions must be declared to and approved by each Agency. At the option of each Agency, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the Agency, its officers, officials, employees, and volunteers; or the bidder shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Bidder is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

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OTHER INSURANCE PROVISIONS

The required general liability and automobile liability policies are to contain, or be endorsed to contain the following provisions:

1. The Agency, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the bidder; products and completed operations of the bidder; premises owned, occupied or used by the bidder; or automobiles owned, leased, hired or borrowed by the bidder. The coverage shall contain no special limitations on the scope of protection afforded to the Agencies, its officers, officials, employees, agents or volunteers.

2. For any claims related to this project, the bidder’s insurance coverage shall be primary insurance as respects the Agencies, its officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the Agencies, its officers, officials, employees, agents or volunteers shall be excess of the bidder’s insurance and shall not contribute with it and in no way relieves the bidder from its responsibility to provide insurance.

3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Agencies, its officers, officials, employees, agents or volunteers.

4. The bidder’s insurance shall apply separately to each insured against whom claim is made or suit is brought except, with respect to the limits of the insurer’s liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the Agencies individually.

6. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the Agency. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the Agency Agreement or (2) the full coverage and maximum limits of any insurance proceeds available to the bidder, whichever is greater.

7. If an umbrella or excess insurance policy is used to satisfy the required limits of insurance, it shall be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of each Agency before the Agency’s own insurance shall be called upon to protect it as a named insured.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII.

Verification of Coverage
Bidder shall furnish the Agencies with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the Agency. All endorsements are to be received and approved by each individual Agency before work commences. As an alternative to Agency forms, the bidder’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by the Agencies.

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12. INDEMNIFICATION

To the maximum extent permitted by law, the successful bidder shall, at its own expense, indemnify, defend with counsel acceptable to each NBACP participating Agency liste d on the Standard Agreement for chemical requirements, (which acceptance will not be unreasonably withheld), and hold harmless each such participating Agency and its officers, officials, employees, agents and volunteers ("Indemnities") from and against any and all liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceed ings, civil penalties and fines, expenses and costs (including, without limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature, whether actual, alleged or threatened, arising out of or in connection with the negligent acts or omissions, or willful misconduct of the successful Bidder pursuant to the Standard Agreem ent or the successful Bidder’s failure to comply with any of the terms of the Standard Agreement. The successful Bidder shall not be required to indemnify an Indemnitee for the Indemnitee’s own negligence or willful misconduct.

The successful bidder’s obligation to indemnify, defend and hold harmless under this provision shall not be excused because of the successful bidder’s inability to evaluate Liability, or because the successful bidder evaluates Liability and determines that the successful bidder is not or may not be liable. The successful bidder must respond within 30 calendar days to any tender for defense and indemnity by any participating Agency, unless the time for responding has been extended by an authorized representa tive of the participating Agency in writing. If the successful bidder fails to accept tender of defense and indemnity within 30 calendar days, in addition to any other remedies authorized by law, so much of the money due or that may become due the successf ul bidder under the Standard Agreement as shall reasonably be considered necessary by the participating Agency may be retained by the participating Agency until disposition has been made of the matter subject to tender, or until the successful bidder accepts the tender, whichever occurs first.

The successful bidder waives any and all rights to express or implied indemnity against the Indemnitees concerning any Liability of the successful bidder arising out of or in connection with the furnishing of chemicals by the successful bidder pursuant to the Standard Agreement or the successful bidder’s failure to comply with any of the terms of the Standard Agreement.

13. PATENT GUARANTEE

The Bidder shall, with respect to any Bidder's standard manufacture, indemnify and hold harmless each participating Agency, its employees and agents, from costs and damages as finally determined by any court of competent jurisdiction for infringement of any United States Letters & Patent by reason of the sale or normal use of such product, provided that Bidder is promptly notified of all such actual or potential infringement suits, and is given an opportunity to participate in the defense thereof by the Agencies.

14. CHEMICAL ORDERS

All orders placed throughout the contract period will be initiated separately by each respective Agency, and each will be responsible for the coordination of all aspects of those orders with the successful Bidder(s). Inquiries in reference to individual or ders during the contract period shall be directed to the appropriate individual Agency.

15. DELIVERY REQUIREMENTS

Delivery Bill of Lading must be provided for each shipment. All bulk shipments must include a weight ticket from a certified weigh stat ion in addition to its shipping manifest. Delivery times and dates shall be coordinated between the supplier and each Agency. The supplier shall notify the agency of any anticipated late deliveries at least 24 hours in advance of the scheduled delivery t ime and date unless delivery delays are a result of in-route transportation delays, then notification shall be required to inform the Agency of best effort delivery date and time. Persistent late deliveries shall be a basis for contract

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termination. Any supplier who anticipates a production shutdown that could affect delivery of chemicals must send email notifications to all NBACP members of delivery status. A phone call must all be made to each member of the NBACP as a follow up notification.

16. TEMPORARY FUEL SURCHARGE
In the event that the California regional section of DOE On-Highway Diesel Fuel exceeds $6.00 per gallon, the Supplier may submit a request for a “Temporary Fuel Surcharge” to offset the unanticipated Fuel cost increase. The request for “Temporary Fuel Surcharge” must include the methodology used to calculate the fuel surcharge and said fuel charge assess on per delivery or per bid item unit price. If a “Temporary Fuel Surcharge” is approved by the respectively Agency, said Fuel Surcharge shall remain in effect until the U.S. Average DOE price drops below $6.00 per gallon and the “Temporary Fuel Surcharge” will longer apply. Adjustments to the “Temporary Fuel Surcharge” may only be made once every 3 months by resubmitting another request.

17. SAFETY

Supplier shall insure that their employees, subcontractors or agents comply with all Cal/OSHA, OSHA, and EPA safety standards while they are on Agency premises. All chemicals shall be delivered per Department of Transportation regulations. Chemicals shall stay in possession of the Supplier and not unloaded until accepted by the participating Agency. The Agencies reserve the right to individually refuse (at their sole discretion) any shipment which cannot be unloaded using safe and proper techniques. Any such refusal shall result in the return of product at the seller's sole expense.

Should a chemical spill/leakage occur due to negligence, faulty equipment and/or inferior packaging on the part of the supplier or his agents; the Supplier and/or his agents shall take immediate and appropriate actions to clean any spilled chemical, transport and lawfully/properly dispose of spilled waste material.

The property of the Agency where the delivery is being made shall not be used for such disposal. Any and all cost incurred as the result of the Supplier and/or his supplier caused spill/leakage clean up shall be the responsibility of the supplier and/or his agents and at no charge to the Agency where the delivery is being made including and not limited to Regulatory Agency fines. If the spill/leakage is NOT cleaned up or to the satisfaction to the Agency and/or Regulatory Agency, the Agency will hire a certified Hazardous Material Handling company to clean up the spill/leakage, and the cost for such service will be charged to the Supplier.

The NBACP and their member Agencies have a zero-tolerance policy for re-occurring safety violations from the Suppliers and his agents and will terminate the Supplier for cause.

18. QUALITY CONTROL

The Agencies reserve the right to subject samples of the supplied chemical to analysis to ensure that it meets these specifications. If the chemical fails to meet these specifications, the Agencies have the option of requiring the chemical supplier to remove and replace any and all r ejected chemical(s) within two (2) business days of notification. No payment shall be made for any chemical shipment that is rejected. Any lot tested by an Agency that fails to comply with the specifications shall constitute grounds for rejection of that l ot. Repeat failures to comply with the specifications shall constitute grounds for termination of the contract.

19. OVER SHIPMENTS

Material shipped in excess of quantity ordered may be returned at Bidder's expense. - 16 -

20. ACCEPTANCE OF TERMS BY SHIPMENT

Shipment of any portion of the goods covered by this Bid shall be deemed an acceptance of the terms set forth herein.

21. TAXES

Pursuant to the Sales and Use Tax Law, water treatment facilities are entitled to submit Resale Certificates to the California State Board of Equalization which shall exempt that utility from paying sales tax on any chemical purchased for the expressed use of producing a potable water product. However, chemicals used to treat the byproducts from the water tre atment process are subject to sales tax. It is the responsibility of each individual potable water agencies to provide the selected suppliers with these certificates. Chemicals purchased for use in wastewater treatment facilities are subject to sales tax. Any other mil tax, surcharge, or impost specific to a chemical shall be shown as a separate item on your “Specification Deviation Statement” at the bottom of the Standard Agreement.

22. INVOICING and PAYMENTS

Invoices submitted for payment must be originals (faxed copies will not be accepted) and shall be sent via U.S. mail, courier service or e -mailed attachments in order for the payments to be processed promptly, invoices must be correct and accurate. Error original invoices will be not hand correct by the Agency for payment. Habitual or re-occurring inaccurate billing will be cause for termination of contract.

Payments for all products will be made individually by the respective Agencies of the NBACP. The NBACP will not be held responsible for the financial arrangements made between each individual Agency and the successful bidder. Cash discounts for early remittance of payment should be so stated on the invoice and based upon “Net Payment in Thirty (30) Days”. In all cases, cash discounts will be calculated from the date of the invoice or the date of acceptance, whichever is later.

23. SUB-CONTRACTING

No portion of the bid award may be subcontracted to another chemical vendor without the prior written approval of the NBACP Agencies.

24. ASSIGNMENT

Bidder shall not assign this order or any moneys to become due hereunder without the prior writte n consent of each Agency. Any assignment, or attempt at assignment, made without such consent of each Agency shall be void.

25. CANCELLATION

Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit or creditors.

26. TERMINATION OF AWARD FOR CAUSE

If the successful Bidder fails to fulfill in a timely and proper manner its obli gations or if the successful Bidder shall violate any of the covenants, agreements, general requirements, or stipulations of the award, each Agency shall have the right to unilaterally terminate the contract by giving written notice to the successful Bidde r of such termination and specifying the effective date of termination.

Notwithstanding the above, the successful Bidder shall not be relieved of liability to the Agency for

- 17 -
damage sustained by the Agency by virtue of breach of the award by the successful Bidder and the Agency may withhold any payments to the successful Bidder for the purpose of set -off until such time as the exact amount of damages due the Agency from the successful Bidder is determined.

Exhibit D Manufacturer’s Information for Chemical(s)

Exhibit E Insurance and Endorsements (including any attachments)

Exhibit F City of Vallejo Business License

THIS BUSINESS LICENSE DOES NOT PERMIT A
BUSINESS THAT IS OTHERWISE PROHIBITED.

Business Name
Business Location
Business Owner(s)
License Number
Effective Date
Expiration Date

CITY OF VALLEJO

BUSINESS LICENSE
90 E HALSEY RD

CHEMTRADE CHEMICALS US LLC
90 E HALSEY RD
PARSIPPANY, NJ 7054
For all inquiries regarding this license, contact HdL
Business Support Center at 707-302-6074.
"For Services Provided in the City of Vallejo, California Only"

GENERAL CHEMICAL PERFORMANCE

CHEMTRADE CHEMICALS US LLC
July 01, 2022
June 30, 2023
11706766
CHEMTRADE CHEMICALS US LLC :

Thank you for your payment on your City of Vallejo Business License. ALL LICENSES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business license, contact the Business Support Center via email at: [email protected] or by telephone at: (707) 302-6074.

Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license. A fee may be charged for a replacement or duplicate license.

This certificate does not entitle the holder to conduct business before complying with all requirements of the Vallejo Municipal code and other applicable laws, nor to conduct business in a zone where conducting such business violates law.

If you have a fixed place of business within the City of Vallejo please display the Business License above in a conspicuous place at the premises. Otherwise, every Business License holder not having a fixed place of business in the City shall keep the Business License upon his or her person, or affixed in plain view any cart, vehicle, van or other movable structure or device at all times if required by the Collector.

Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ City of Vallejo

BUSINESS LICENSE

BUSINESS LICENSING
8839 N CEDAR AVE #212
FRESNO, CA 93720-1832
Date of Issue: 07/01/2022
11706766License Number: CHEMTRADE CHEMICALS US LLC
90 E HALSEY RD
PARSIPPANY, NJ 7054

TO BE POSTED IN A CONSPICUOUS PLACE
AND
NOT TRANSFERABLE OR ASSIGNABLE.
2022 - 2023

JOSE MARQUES
TAX COLLECTOR ’S OFFICE, City Hall, 555 Santa Clara St ., Vallejo, CA. This certificate is evidence that the person (s), firm, or corporation named hereon has paid the tax required by Chapter 5.04 of the City of Vallejo Municipal Code for the type of business, the business address and for the period indicated hereon. This certificate is issued without verification that the taxpayer is subject to or exempted from licensing by local, state, Federal or other agencies. Issuance of this certificate is not an endorsement, nor a certificate of compliance with other ordinances or laws, nor an assurance that the proposed use is in conformance with the City ’s building / Fire / Zoning regulations.

CHEMICAL SUPPLIES PURCHASE AGREEMENT This Chemical Supplies Purchase Agreement ("Agreement") is made and entered into this 1st day of July, 2022, by and between the City of Vallejo, a municipal corporation ("City"), and Pencco, Inc. which will do business In California as Texas Pencco, Inc., hereinafter referred to as “Vendor,” who agree as follows: 1. Vendor shall provide City, and deliver to Fleming Hill, Travis, and Green Valley Water Treatment Plants, as required by the Vallejo Municipal Water System, the following: a) Chemical: Hydrofluorosilicic acid, 100% b) Quantity: 190 dry tons c) Unit Price: $560.00 d) Total Chemical Cost: $106,400.00 (One Hundred Six Thousand Four Hundred Dollars and Zero Cents) e) Agreement Not to Exceed Amount: $115,000.00 (One Hundred Fifteen Thousand Dollars and Zero Cents) The foregoing quantity(ies) is/are an approximation only, and are the quantities estimated as required by the Water System for the Agreement term. City does not expressly or by implication warrant that the actual quantities ordered during the Agreement term will correspond therewith, and reserves the right to increase or decrease the quantity of chemical ordered, at the bid price, as may be necessary or advisable. 2. Vendor hereby agrees that all chemicals and/or materials furnished shall be in accordance with the terms and conditions of each and every provision as set forth in those specifications entitled “NORTH BAY AGENCY CHEMICAL POOL CHEMICAL REQUIREMENTS,” referenced herein and made a part hereof as though attached or recited in their entirety herein. 3. Vendor further agrees that all chemicals and/or materials furnished and delivered shall be in conformity with its bid proposal and per specifications of the North Bay Agency Chemical Pool Bid opened on May 4, 2022. 4. Vendor further agrees that all chemicals and/or materials to be furnished and delivered shall be strictly in accordance with said specifications, except that the City reserves the right to accept material other than that called forth in said specifications provided the Water Director approves in writing such other chemical/material as equal or better prior to Vendor furnishing or delivering the same. 5. Vendor has obtained or agrees to apply, prior to performance under this Agreement, to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Vendor until such business license(s) has been obtained. 6. Vendor shall be fully informed of all Federal, State, County or Municipal laws, statutes, ordinances, codes and regulations which may in any manner apply to or otherwise have effect on the material to be furnished and shall at all times abide by all such rulings, orders and decrees of those agencies, bodies or tribunals having any jurisdiction or authority over the same. 7. City hereby agrees to pay to Vendor, in lawful money of the United States of America, at the time and in accordance with the provisions set forth in said specifications the price(s) set forth above. 8. The term of this Agreement is for Fiscal Year 2022-2023, shall commence upon issuance of purchase order, and shall continue in full force and effect until June 30, 2023. City shall, at its discretion, have the right to extend the term of this Agreement for 90 days by written notice to Vendor. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed September 30, 2023. If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo. 9. The parties hereto shall have the right by mutual consent to extend this Agreement on a month-to-month basis, notwithstanding the termination date specified above herein. Any such agreed extension may include a revision of the unit price herein recited and such revised price shall then prevail over the unit price recited herein for the term of such extension. In the event City desires to extend this Agreement, the Water Director shall so notify the Vendor, who shall promptly accept or reject such extension in writing. 10. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to: If to City: Beth Schoenberger, Water Director City of Vallejo Water Department 202 Fleming Hill Road, Vallejo, CA 94589 If to Vendor: Sarah Duffy, National Inside Sales/Contract Manager PENCCO, INC. which will do business In California as TEXAS PENCCO, INC. PO Box 600, 831 Bartlett Road San Felipe, TX 77473-0640 Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.

11. The City Representative shall administer this Agreement for the City, and routine administrative communications shall be made to the City Representative, or the representative's designee: Joe Abitong, Water Operations Superintendent City of Vallejo Water Department 202 Fleming Hill Road, Vallejo, CA 94589 [email protected] 12. This Agreement, including all attachments, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto. 13. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts. 14. The following Exhibits are attached hereto and incorporated herein by reference: Exhibit A: Completed/Signed “Standard Agreement” Bid Form & Addendum Exhibit B: NBACP Award Form, and Bidder’s Bid Form/Bid Tabulation Exhibit C: NBACP Bid General Requirements Exhibit D: Manufacturer’s Information for Chemical Exhibit E: Insurance and Endorsements (including any attachments) Exhibit F: City of Vallejo Business License [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties. PENCCO, INC. which will do business In California as TEXAS PENCCO, INC. By: Sarah Duffy National Inside Sales/Contract Manager DATE: 11716896 Vallejo Business License No. (City Seal) CITY OF VALLEJO, a municipal corporation By: Mike Malone City Manager DATE: ATTEST: By: Dawn Abrahamson City Clerk APPROVED AS TO CONTENT: Beth Schoenberger Water Director APPROVED AS TO FORM: for Veronica A.F. Nebb City Attorney APPROVED AS TO INSURANCE: Armond Sarkis Risk Manager Exhibit A
Completed and Signed “Standard Agreement” Bid Form
and Addendum

Exhibit B NBACP Award Form, and Bidder’s Bid Form/Bid Tabulation

12.5% NaOCl

Exhibit C NBACP Bid General Requirements
- 10 -

GENERAL REQUIREMENTS

1. NORTH BAY AGENCY CHEMICAL POOL (NBACP)

2. COMMON LANGUAGE

3. CONTRACT PERIOD

The bid pricing shall be fixed for the fiscal year FY 2022/23, (July 1, 2022 through June 30, 2023).

4. LAWS AND REGULATIONS

The chemical Supplier shall comply with all applicable State of California and Federal laws, City and County ordinances, licenses and regulations during the contract period.

5. EQUAL OPPORTUNITY

6. SITE VISITS

7. CHEMICAL CONFORMANCE

- 11 -

9. PURCHASE ORDERS

10. MODIFICATION OF AGREEMENT

No modification of award shall be binding upon any participating Agency unless made in writing and signed by authorized agents of each participating Agency.

11. INSURANCE

MINIMUM SCOPE OF INSURANCE

1. Insurance shall be at least as broad as:

2. Insurance Services Office form covering Automobile Liability, code 1 (any auto)

3. Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance.

- 12 -

BIDDER SHALL MAINTAIN LIMITS NO LESS THAN:

ISO Form CG 20 10 (1/85) or its equivalent is required.

Broad Form Contractors Pollution Liability
Insurance
Same limits as Commercial General Liability insurance.

Time Element Sudden and Accidental coverage and/or
any Blended Pollution Endorsements on General Liability and Auto Liability policies and/or Pollution Liability
policies will not be accepted.

DEDUCTIBLES AND SELF-INSURED RETENTIONS

Bidder is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

- 13 -

OTHER INSURANCE PROVISIONS

The required general liability and automobile liability policies are to contain, or be endorsed to contain the following provisions:

4. The bidder’s insurance shall apply separately to each insured against whom claim is made or suit is brought except, with respect to the limits of the insurer’s liability.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII.

- 14 -

12. INDEMNIFICATION

13. PATENT GUARANTEE

14. CHEMICAL ORDERS

15. DELIVERY REQUIREMENTS

17. SAFETY

The NBACP and their member Agencies have a zero-tolerance policy for re-occurring safety violations from the Suppliers and his agents and will terminate the Supplier for cause.

18. QUALITY CONTROL

19. OVER SHIPMENTS

Material shipped in excess of quantity ordered may be returned at Bidder's expense. - 16 -

20. ACCEPTANCE OF TERMS BY SHIPMENT

Shipment of any portion of the goods covered by this Bid shall be deemed an acceptance of the terms set forth herein.

21. TAXES

22. INVOICING and PAYMENTS

23. SUB-CONTRACTING

No portion of the bid award may be subcontracted to another chemical vendor without the prior written approval of the NBACP Agencies.

24. ASSIGNMENT

25. CANCELLATION

26. TERMINATION OF AWARD FOR CAUSE

Notwithstanding the above, the successful Bidder shall not be relieved of liability to the Agency for

Exhibit D Manufacturer’s Information for Chemical(s)

Exhibit E Insurance and Endorsements (including any attachments)

INSR ADDL SUBR

LTR INSR WVD

DATE (MM/DD/YYYY)

PRODUCER CONTACT
NAME:

FAXPHONE
(A/C, No):(A/C, No, Ext):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

COMMERCIAL GENERAL LIABILITY

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
(Mandatory in NH)

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $
DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER:

PRODUCTS - COMP/OP AGG $
$
PRO-
OTHER:

LOCJECT

COMBINED SINGLE LIMIT
$(Ea accident)
BODILY INJURY (Per person) $ANY AUTO
OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS

AUTOS ONLY
HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $

PER OTH-

STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY

NON-OWNED

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

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.

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 any rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)

ACORDTM CERTIFICATE OF LIABILITY INSURANCE
Navigators Specialty Insurance Co.

Texas Mutual Insurance Company
Argonaut Midwest Insurance Company
Navigators Insurance Company
5/27/2022
USI Southwest
9811 Katy Freeway, Suite 500
Houston, TX 77024
713 490-4600
Courtney Wyatt
713-490-4694 713-490-4700
[email protected]
PENCCO, Inc.
831 Bartlett Road
Sealy, TX 77474
36056
22945
19801
42307
AX
X
XX
HO21NP3Z03E19IC 11/15/2021 11/15/2022 1,000,000
300,000
25,000
1,000,000
2,000,000
2,000,000
10,000,000Gen Agg Cap
D
X
FA19NCP02120602 11/15/2021 11/15/2022 1,000,000
A
X
X
X
HO21NP3Z03E19IC 11/15/2021 11/15/2022 10,000,000
10,000,000
B
C N
0002042103
WC928808734924
11/15/2021
11/15/2021
11/15/2022
11/15/2022
X
1,000,000
1,000,000
1,000,000
A Pollution
Liability
HO21NP3Z03E19IC 11/15/2021 11/15/2022 See attached for
Specific Limits
The General Liability and Automobile Liability policies include an Additional Insured provision that provides additional insured status to the Certificate Holder when there is a written contract between the Named Insured and the Certificate Holder requiring such status.

The General Liability, Automobile Liability, and Workers' Compensation policies provide a Blanket Waiver of (See Attached Descriptions)
City of Vallejo
202 Fleming Hill Road
Vallejo, CA 94590
1 of 2
#S36116073/M35932732
PENCCINCClient#: 1768779
MAWHA
1 of 2
#S36116073/M35932732
SAGITTA 25.3 (2016/03)
DESCRIPTIONS (Continued from Page 1)
Subrogation when required by written contract.

The General Liability Policy includes the following Pollution Liability coverages:

Products Pollution Liability Limit: $1,000,000;
Contractors Pollution Liability Limit: $1,000,000;
Transportation Pollution Liability Limit: $1,000,000;
Contractors Pollution & Transportation Pollution Aggregate: $2,000,000 Non-Owned Disposal Site Pollution Liability (Claims-made): Limit; $1,000,000; Aggregate: $2,000,000 2 of 2
#S36116073/M35932732

INSR ADDL SUBR

LTR INSR WVD

DATE (MM/DD/YYYY)

PRODUCER CONTACT
NAME:

FAXPHONE
(A/C, No):(A/C, No, Ext):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)

COMMERCIAL GENERAL LIABILITY

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
(Mandatory in NH)

PRODUCTS - COMP/OP AGG $
$
PRO-
OTHER:

LOCJECT

COMBINED SINGLE LIMIT
$(Ea accident)
BODILY INJURY (Per person) $ANY AUTO
OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS

AUTOS ONLY
HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $

PER OTH-

STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY

NON-OWNED

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)

ACORDTM CERTIFICATE OF LIABILITY INSURANCE
Navigators Specialty Insurance Co.

The General Liability, Automobile Liability, and Workers' Compensation policies provide a Blanket Waiver of (See Attached Descriptions)
City of Vallejo
383 Fairchild Drive
Travis Afb, CA 94535
1 of 2
#S36116074/M35932732
PENCCINCClient#: 1768779
MAWHA
1 of 2
#S36116074/M35932732
SAGITTA 25.3 (2016/03)
DESCRIPTIONS (Continued from Page 1)
Subrogation when required by written contract.

The General Liability Policy includes the following Pollution Liability coverages:

Policy Term: 7/29/2021 to 7/29/2022
Endorsement Effective Date: 6/16/2022
Premium: 0.00
Carrier Participation Policy Number
Certain Underwriters at
Lloyd’s, London - Syndicate
2357

20.00% VNB-CN-0001072-04
Certain Underwriters at
Lloyd’s and Other Insurers
subscribing to Binding
Authority
B604510568622021

22.50% VRN-CN-0001072-04
Interstate Fire & Casualty
Company

27.00% VRX-CN-0001072-04
Independent Specialty
Insurance Company

30.50% VUX-CN-0001072-04

THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY

The Insured’s physical address is hereby amended on this insurance policy to the following:

Previous:
9319 Lyndon B. Johnson Fwy,
Suite 204
Dallas, TX 75243
Current:
9330 Lyndon B. Johnson Fwy,
Suite 240
Dallas, TX 75243

Page 2 of 2 ends

To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls.

All other terms and conditions, insured coverage, and exclusions of this insurance policy including applicable limits and deductibles remain unchanged and apply in full force and effect to the coverage provided by insurance policies:

VNB-CN-0001072-04
VRN-CN-0001072-04
VRX-CN-0001072-04
VUX-CN-0001072-04
By:

Authorized Representative

NENV Forms List 01 (01/09) Page 1 of 3

ENVIRONMENTAL POLICY
POLICY NUMBER: HO21NP3Z03E19IC

SCHEDULE OF FORMS AND ENDORSEMENTS
The following are the forms attached to and forming a part of the policy at inception:

Policy Forms and Endorsement Schedule List:

The coverage descriptions provided herein are a brief synopsis of the coverage being afforded. Please refer to the actual policy and endorsements for coverage specifics.

The following forms and endorsements apply to all parts of the Package Policy:

Form Title Form Number
Cover Letter Front Page 2021 19-GS-215460 (01/21)
NAV ENV Policy Jacket NAV ENV POLICY JCKT (07/16)
Navigators Environmental Response Policyholder Notice NAV ENV ERS (02/11) Notice of Claim Form NENV CN 01 (04/17)
OFAC Endorsement NAV-ML-002 (11/12)
Texas Policyholder Notice NSIC TX NOTICE (05/20)
Texas Guaranty Fund Nonparticipation Notice NSIC-GF-TX (04/16) Fraud Warnings Notice NENV FRAUD (07/16)
Navigators Specialty Insurance Company Signature NSIC-SIG-001 (10/10) Schedule Of Forms And Endorsements NENV FORMS LIST 01 (01/09) Producer Compensation Notice FORM G-3418-0-NAVG (09/19) Cover Letter Back Page 2021 Dependent on Broker (01/21) The following forms and endorsements apply to the NP3 Policy Form:

Form Title Form Number
Package Policy Summary NP3 PACKAGE POLICY SUMMARY NP3
(07/16)
NP3 + Cyber Declarations NP3 + CYBER DEC DC01 (07/16)
NP3 + Cyber Policy Form NAV NP3 + CYBER (07/16)
NAV NP3 + Cyber (07/16)
36 14. Reckless Disregard
your reckless disregard for the security of personally identifying information or personally sensitive information in your care, custody or control.

SECTION II. WHO IS AN INSURED
In addition to the named insured(s) listed in Item 1. of the Declarations, or any named insured(s) added to this policy by endorsement, where applicable and to the extent outlined herein, the following person(s), entity(ies), or organization(s) are an insured under this policy:

1. If you are designated in the Declarations as:
a. an individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner.
b. a partnership 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. c. a limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers.
d. an 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 to their liability as stockholders; or e. a trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees.

Any reference throughout this policy to a spouse(s) includes a person(s) who is/are a party to a civil union as defined by any applicable state or federal law.

2. Each of the following is also an insured:
a. Your volunteer workers but only while performing duties related 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:
(1) bodily injury or personal and advertising injury:
(a) to you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company);
(b) for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) immediately above; or (c) arising out of the providing or failing to provide professional health care services, except with respect to any incidental health care services provided by a physician, dentist, nurse, emergency medical technician or paramedic employed by you to provide such services, provided you are not engaged in the business of providing such services.
(2) property damage or environmental damage to property:

NAV NP3 + Cyber (07/16)
37 (a) owned, occupied or used by, or
(b) rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by,
you, any of your employees, volunteer workers, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. any person (other than your employee or volunteer worker), or any organization while acting as your real estate manager.
c. any person or organization having proper temporary custody of your property if you die, but only with respect to liability arising out of the maintenance or use of that property and only until your legal representative has been appointed.
d. your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy.
e. any subsidiary, associated, affiliated or allied company or corporation, including subsidiaries thereof, of which you have at least 50% ownership interest as of the inception date.

3. Any person or organization, other than a third party carrier, with whom you agreed in a written contract, written agreement or a permit to include as an insured, but only with respect to bodily injury, property damage, environmental damage, or emergency cleanup costs caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf, arising out of your operations, your work, equipment or premises leased, rented or owned by you, or your products which are distributed or sold in the regular course of a vendor’s business, however:
a. A vendor is not an insured with respect to bodily injury, property damage, environmental damage, emergency cleanup costs, or other injury or damage arising out of:
(1) the assumption of liability by the vendor in a contract or agreement except for any such damages that the vendor would have in the absence of the contract or agreement; (2) any express warranty unauthorized by you;
(3) any physical or chemical change in the product made intentionally by the vendor; (4) repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
(5) any failure to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
(6) any demonstration, installation, servicing or repair operations, except such operations performed at the vendor’s premises in connection with the sale of the product; (7) 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; or (8) the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(a) the exceptions contained in sub-paragraphs (4) or (6) above; or (b) such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.
b. A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is not an insured with respect to bodily injury, property damage, environmental damage, emergency cleanup costs, or any other injury or damage arising out of:

NAV NP3 + Cyber (07/16)
52 If other valid and collectible insurance is available to the insured for any loss, data re-creation costs, data restoration costs, system restoration costs, business income loss, public relations expense, product recall expenses, network security liability settlement costs, damages, crisis management fees, or other injury or damage we cover under this policy, our obligations are limited as follows:
a. Primary Insurance
This insurance is primary except with respect to the circumstances when paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all other primary insurance by the method described in paragraph c. below.

However, regardless of whether paragraph b. below applies, in the event that a written contract or agreement or permit requires this insurance to be primary for any person or organization with whom you agreed to insure and such person or organization is an insured under this policy, we will not seek contributions from any such other insurance issued to such person or organization. b. Excess Insurance
(1) This insurance is excess over:
(a) any of the other insurance, whether primary, excess, contingent or on any other basis:
(i) that is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for your work;
(ii) that is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner;
(iii) that is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) any insurance available to the insured for damages or loss arising out of the maintenance or use of aircraft, drone, auto or watercraft, but only to the extent such damages or loss are covered by, and not subject to any exclusion in, any coverage part in Coverage 1. General Liability, Coverage 2. Pollution Liability, or Coverage 3. Cyber & Data Compromise Liability.
(b) any other primary insurance available to you covering liability for loss, damages, or crisis management fees arising out of the premises or operations, products and completed operations, your work, transportation activities, waste disposal facility, non-owned location, unscheduled site, or scheduled sites for which you have been added as an additional insured. (2) With respect to all coverages and coverage parts in this policy, this insurance will apply only in excess of and will not contribute with any insurance:
available to the insured and issued, or applicable to, any territory outside the United States of America including its territories and possessions, Puerto Rico, the U.S. Virgin Islands, and Canada; or
(a)
(b) required by law, regulation or other governmental authority in any country or jurisdiction outside the United States of America including its territories and possessions, Puerto Rico, the U.S. Virgin Islands, and Canada.

NAV NP3 + Cyber (07/16)
56 a. the effectiveness of such services depends on your cooperation and assistance; b. all services may not be available or applicable to all individuals. For example, affected individuals who are minors or foreign nationals may not have credit records that can be provided or monitored. Service in Canada will be different from service in the United States and Puerto Rico in accordance with local conditions;
c. we do not warrant or guarantee that the services will end or eliminate all problems associated with the covered events;
d. you will have a direct relationship with the professional service firms or providers paid for in whole or in part under Coverage 3. Cyber & Data Compromise Liability. Those professional service firms or providers work for you.

31. Sole Agent
The first named insured listed in Item 1. of the Declarations shall act on behalf of all other insureds, if any, for the payment or return of premium, receipt and acceptance of any endorsement issued to form a part of this Policy, giving and receiving notice of cancellation or nonrenewal, and the exercise of any rights included in any Coverage Parts in this Policy.

32. Voluntary Payments
Other than first aid or emergency cleanup costs, no insured shall, except at its own cost:
a. voluntarily make a payment, assume any obligation, or incur any expense for damages, loss, product recall expenses, data re-creation costs, data restoration costs, or crisis management fees, including, but not limited to, incurring any cleanup costs other than emergency cleanup costs; or b. admit liability, offer to settle, or agree to any settlement in connection with any claim, suit, data compromise suit or network security liability suit without our prior written consent. When our written consent to a settlement is requested, you must promptly provide us with all information and particulars we may reasonably request, including, but not limited to, information which an insured may deem immaterial, in order to reach an informed decision as to such consent. Any damages, loss, product recall expenses, data re-creation costs, data restoration costs, or crisis management fees, or other costs, charges or expenses resulting from any admission of liability or agreement to settle, including any claim expenses and network security liability defense costs, incurred prior to our consent shall not be covered hereunder; or
c. with respect to any cleanup costs to which this insurance applies, the insured must:
(1) submit, for our approval, all proposed work plans prior to submittal to any regulatory agency; (2) submit, for our approval, all bids and contracts for cleanup costs prior to execution or issuance; and (3) forward progress reports regarding cleanup costs to us at reasonable intervals and prior to any submittal to any regulatory agency that is authorized to review and approve such submittals.

33. Subrogation
In the event of any payment under this insurance by us, we shall be subrogated to all the insured's rights of recovery against any person or organization. You agree to cooperate with us and to execute and deliver all instruments and papers and do whatever else is necessary to enforce such rights. No insured shall do anything after the payment of loss, network security liability defense costs, network security liability settlement costs, damages, or crisis management fees by us to prejudice such rights.

After the deduction of any expenses incurred by us in making a subrogation recovery, any remaining monies shall first accrue to you to the extent of any payment in excess of the limits of liability, then to us to the extent of our payment under the policy, then to you to the extent of your payment of the deductible.

NAV NP3 + Cyber (07/16)
57 We will waive any right of recovery we may have against any person or organization because of payments we make for any loss, damages, or crisis management fees arising out of your operations done under a written contract or agreement with that person or organization and included in your work or the products-completed operations hazard. This blanket waiver of subrogation applies only to persons or organizations with which you have a written contract, executed prior to the bodily injury, property damage, or environmental damage that requires the insured to waive its rights of recovery.

34. Transfer of Defense Duties
If we conclude that any applicable limit of liability of this policy has been, or soon will be, exhausted by the payment of damages, loss, network security liability defense costs, network security liability settlement costs, crisis management fees, or any other costs, charges or expenses, we will so notify the first named insured in writing as soon as practicable. In the event that there are ongoing legal proceedings with respect to any claim, suit, data compromise suit, or network security liability suit against an insured, and any applicable limit of liability of this policy has been exhausted, we will advise you that our duty to defend has ended and that we will no longer handle the defense of any ongoing claim(s), suits, data compromise suits, or network security liability suits, or any new claims, suits, or data compromise suits, or network security liability suits against an insured. Thereafter, we will initiate and cooperate in the transfer of control of the defense of all claims, suits, data compromise suits, or network security liability suits to any appropriate insured. The exhaustion of any applicable limit of liability will not be affected by our failure to comply with any of the provisions of this section, nor will we be obligated by operation of any rights or duties in this paragraph to defend or continue to defend any claim, suit, data compromise suit, or network security liability suit or pay any damages, loss, network security liability settlement costs, network security liability defense costs, claim expenses, product recall expenses, data re-creation costs, data restoration costs, crisis management fees, or any other costs, charges or expenses, after any applicable limit of liability of this policy is exhausted.

SECTION V. POLICY DEFINITIONS

1. Administration means:
a. providing information to employees, including their dependents and beneficiaries, with respect to eligibility for or scope of employee benefit programs;
b. handling records in connection with the employee benefit program; or c. effecting, continuing or terminating any employee's participation in any benefit included in the employee benefit program.

However, administration does not include handling payroll deductions.

2. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition:
a. notices that are published include material placed on the Internet or on similar electronic means of communication; and
b. regarding web-sites, only that part of a web-site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement.

3. Affected individual means any person who is your current, former or prospective customer, client, member, owner, director or employee and whose personally identifying information or personally sensitive information is lost, stolen, accidentally released or accidentally published by a personal data compromise.

This definition is subject to the following provisions:

Insured Copy
POLICY NUMBER: COMMERCIAL AUTO
CA 20 48 10 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CA 20 48 10 13 Insurance Services Office, Inc., 2011 Page 1 of 1

DESIGNATED INSURED FOR

COVERED AUTOS LIABILITY COVERAGE

This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

With respect to coverage provided by this endorseme nt, the provisions of the Coverage Form apply unles s modified by this endorsement.

This endorsement identifies person(s) or organization(s) who are ‘‘insureds’’ for Covered Autos Liability Coverage under the Who Is An Insured provision of the Covera ge Form. This endorsement does not alter coverage provided in the Coverage Form.

This endorsement changes the policy effective on th e inception date of the policy unless another date is indicated below.

Named Insured:

Endorsement Effective Date:

SCHEDULE

Name Of Person(s) Or Organization(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Each person or organization shown in the Schedule is
an ‘‘insured’’ for Covered Autos Liability Coverage, but only to the extent that person or organization qual ifies as an ‘‘insured’’ under the Who Is An Insured
provision contained in Paragraph A.1. of Section II - - - - Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section I - - - - Covered Autos
Coverages of the Auto Dealers Coverage Form.

FA19NCP021206-02

ANY PARTY WITH WHICH THE INSURED DOES BUSINESS WHEN REQUIRED BY A WRITTEN AGREEMENT EXECUTED PRIOR TO A LOSS. COVERAGE APPLIES ON A PRIMARY AND NON-CONTRIBUTORY BASIS.

COMMERCIAL AUTO
ANF 702 02 15
ANF 702 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
SECTION II – COVERED AUTOS LIABILITY COVERAGE
A. Coverage

1. Who Is An Insured
The following is added:
d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization.
e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply:
(1) If there is similar insurance or a self-insured retention plan available to that organization; or (2) To “bodily injury” or “property damage” that occurred before you acquired or formed the organization.
f. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered “auto” by an “insured”, if:
(1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by:
(a) an expressed provision of an “insured contract”, or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority.
(2) The “bodily injury” or “property damage” is caused by an “accident” which takes place after:
(a) You executed the “insured contract” or written agreement; or (b) the permit has been issued to you.
g. Your “employee” is an “insured” while operating a rented or hired “auto” less than 10,000 pounds under a contract or agreement in that “employee’s” name, with your permission while operating that “auto” in your business.

2. Coverage Extensions
a. Supplementary Payments

Paragraphs a.(2) and a.(4) are amended as follows:

Insured Copy

COMMERCIAL AUTO
ANF 702 02 15
ANF 702 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 4 (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the “insured” at our request, including actual loss of earnings up to $500 a day because of time off from work.

SECTION III – PHYSICAL DAMAGE COVERAGE under the BUSINESS AUTO COVERAGE FORM and SECTION IV – PHYSICAL DAMAGE COVERAGE under the MOTOR CARRIER COVERAGE FORM B. Exclusions

AIRBAG COVERAGE

a. The following is added to Paragraph B.3. Exclusions of SECTION III - PHYSICAL DAMAGE COVERAGE under the BUSINESS AUTO COVERAGE FORM:

The exclusion in B.3.a. for “loss” caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag, if:

1. The “auto” is a covered auto for comprehensive coverage under this policy.

2. The airbags are not covered under any other warranty.

3. The airbags were not intentionally inflated.

The maximum we will pay is $1,000 for any one “loss”.
b. The following is added to Paragraph B.4. Exclusions of SECTION IV - PHYSICAL DAMAGE COVERAGE under the MOTOR CARRIER COVERAGE FORM:

The exclusion in B.4.a. for “loss” caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag, if:

1. The “auto” is a covered auto for comprehensive coverage under this policy.

2. The airbags are not covered under any other warranty.

3. The airbags were not intentionally inflated.

The maximum we will pay is $1,000 for any one “loss”.

D. Deductible

THEFT RECOVERY
Paragraph D. DEDUCTIBLE is amended to include the following:

In the event of a “loss” caused by theft of a covered “auto” that has Comprehensive Coverage the deductible shown in the Declarations will be reduced by 50% if the vehicle is equipped with a vehicle tracking device and that device was the basis of recovery of the vehicle.

SECTION IV - BUSINESS AUTO CONDITIONS under the BUSINESS AUTO COVERAGE FORM and SECTION V – MOTOR CARRIER CONDITIONS under the MOTOR CARRIER COVERAGE FORM Insured Copy

COMMERCIAL AUTO
ANF 702 02 15
ANF 702 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 A. Loss Conditions

KNOWLEDGE AND NOTICE OF OCCURRENCE
Items A.2.a. and A.2.b. are deleted and replaced with:

2. Duties in The Event Of Accident, Claim, Suit, Or Loss a. You must promptly notify us of any accident, claim, “suit” or “loss”. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, “suit”, or loss. Knowledge of an accident, claim, “suit”, or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include:
(1) How, when, and where the accident or “loss” took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Item A.5. Transfer Of Rights Of Recovery Against Others To Us is amended to include the following:

We waive any right of recovery we may have against any additional insured under A. Coverage 1. Who Is An Insured, item f., but only as respects loss arising out of the operation, maintenance or use of a covered “auto” pursuant to the provisions of the “insured contract”, written agreement, or permit.

B. General Conditions

UNINTENTIONAL FAILURE TO DISCLOSE
Item B.2., Concealment, Misrepresentation Or Fraud is amended to include the following:

The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.

Physical Damage Coverage is amended by adding the following:

1. Personal Effects Coverage
We will pay up to $500 for personal effects either owned by you or in your covered “auto” at the time of “loss”. No coverage applies unless you already carry Comprehensive, Specified Causes of Loss and Collison coverage under this policy. No deductible applies to Personal Effects Coverage. Personal effects do not include audio, visual or electronic devices, money, currency of any type, gift cards, securities, jewelry or tools. This coverage is excess over any other collectible insurance.

2. Two Or More Deductibles
Insured Copy

COMMERCIAL AUTO
ANF 702 02 15
ANF 702 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 4 When collision coverage is provided by this policy for an “auto” involved in a “loss”, the deductible amount will not be subtracted from the loss payment in collisions involving your covered “auto” and another “auto” covered by any affiliated insurance company that is part of the Navigators Group.

3. Transportation Expenses
We will pay up to $50 per day, to a maximum of $1,500, for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss".

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED Insured Copy
Insured Copy

ANF 11 05 05

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ANF 11 05 05 May contain copyrighted material of th e
Insurance Service Office, Inc. with its permission.

This endorsement modifies insurance provided under the following:

All other terms of the policy remain unchanged.

BLANKET WAIVER OF SUBROGATION
IT IS HEREBY AGREED THAT ANF702 02/15 COMMERCIAL AUTO EXTENSION ENDORSEMENT SECTION IV A.5. "WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS" (WAIVER OF SUBRO) IS AMENDED TO APPLY ON A PRIMARY & NON CONTRIBUTORY BASIS.

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE PO LICY WC 04 03 06 (Ed. 4-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you per- form work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be % of the C alifornia workers' compensation premium otherwise due on such remuneration.

Schedule
Person or Organization
Job Description
WC 04 03 06
(Ed. 4-84)
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.

Endorsement No.Endorsement Effective Date: Policy No.

Carrier Name / Code:

Policy Effective Date: to Premium $
Insured:

DBA:

Countersigned by
Page of
1 1
Exhibit F City of Vallejo Business License

THIS BUSINESS LICENSE DOES NOT PERMIT A
BUSINESS THAT IS OTHERWISE PROHIBITED.

Business Name
Business Location
Business Owner(s)
License Number
Effective Date
Expiration Date

CITY OF VALLEJO

BUSINESS LICENSE
831 BARTLETT RD
PENCCO, INC.

PO BOX 600
SAN FELIPE, TX 77473-0640
For all inquiries regarding this license, contact HdL
Business Support Center at 707-302-6074.
"For Services Provided in the City of Vallejo, California Only" PENCCO, INC.

PENCCO, INC.

July 01, 2022
June 30, 2023
11716896
PENCCO, INC. :

Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license. A fee may be charged for a replacement or duplicate license.

BUSINESS LICENSE

BUSINESS LICENSING
8839 N CEDAR AVE #212
FRESNO, CA 93720-1832
Date of Issue: 07/01/2022
11716896License Number: PENCCO, INC.

PO BOX 600
SAN FELIPE, TX 77473-0640

TO BE POSTED IN A CONSPICUOUS PLACE
AND
NOT TRANSFERABLE OR ASSIGNABLE.
2022 - 2023
TAX COLLECTOR ’S OFFICE, City Hall, 555 Santa Clara St ., Vallejo, CA. This certificate is evidence that the person (s), firm, or corporation named hereon has paid the tax required by Chapter 5.04 of the City of Vallejo Municipal Code for the type of business, the business address and for the period indicated hereon. This certificate is issued without verification that the taxpayer is subject to or exempted from licensing by local, state, Federal or other agencies. Issuance of this certificate is not an endorsement, nor a certificate of compliance with other ordinances or laws, nor an assurance that the proposed use is in conformance with the City ’s building / Fire / Zoning regulations.

CHEMICAL SUPPLIES PURCHASE AGREEMENT This Chemical Supplies Purchase Agreement ("Agreement") is made and entered into this 1st day of July, 2022, by and between the City of Vallejo, a municipal corporation ("City"), and LINDE INC., a Delaware corporation, hereinafter referred to as “Vendor,” who agree as follows: 1. Vendor shall provide City, and deliver to Fleming Hill, Travis, and Green Valley Water Treatment Plants, as required by the Vallejo Municipal Water System, the following: a) Chemical: Liquid Oxygen b) Quantity: 250,000 CCF c) Unit Price: $1.15/ccf d) Total Chemical Cost: $287,500.00 (Two Hundred Eighty-Seven Thousand Five Hundred Dollars and zero Cents) e) Agreement Not to Exceed Amount: $295,000.00 (Two Hundred Thousand Ninety-Five Hundred Dollars and Zero Cents) The foregoing quantity(ies) is/are an approximation only, and are the quantities estimated as required by the Water System for the Agreement term. City does not expressly or by implication warrant that the actual quantities ordered during the Agreement term will correspond therewith, and reserves the right to increase or decrease the quantity of chemical ordered, at the bid price, as may be necessary or advisable. 2. Vendor hereby agrees that all chemicals and/or materials furnished shall be in accordance with the terms and conditions of each and every provision as set forth in those specifications entitled “NORTH BAY AGENCY CHEMICAL POOL CHEMICAL REQUIREMENTS,” referenced herein and made a part hereof as though attached or recited in their entirety herein. 3. Vendor further agrees that all chemicals and/or materials furnished and delivered shall be in conformity with its bid proposal and per specifications of the North Bay Agency Chemical Pool Bid opened on May 4, 2022. 4. Vendor further agrees that all chemicals and/or materials to be furnished and delivered shall be strictly in accordance with said specifications, except that the City reserves the right to accept material other than that called forth in said specifications provided the Water Director approves in writing such other chemical/material as equal or better prior to Vendor furnishing or delivering the same. 5. Vendor has obtained or agrees to apply, prior to performance under this Agreement, to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Vendor until such business license(s) has been obtained. 6. Vendor shall be fully informed of all Federal, State, County or Municipal laws, statutes, ordinances, codes and regulations which may in any manner apply to or otherwise have effect on the material to be furnished and shall at all times abide by all such rulings, orders and decrees of those agencies, bodies or tribunals having any jurisdiction or authority over the same. 7. City hereby agrees to pay to Vendor, in lawful money of the United States of America, at the time and in accordance with the provisions set forth in said specifications the price(s) set forth above. 8. The term of this Agreement is for Fiscal Year 2022-2023, shall commence upon issuance of purchase order, and shall continue in full force and effect until June 30, 2023. City shall, at its discretion, have the right to extend the term of this Agreement for 90 days by written notice to Vendor. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed September 30, 2023. If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo. 9. The parties hereto shall have the right by mutual consent to extend this Agreement on a month-to-month basis, notwithstanding the termination date specified above herein. Any such agreed extension may include a revision of the unit price herein recited and such revised price shall then prevail over the unit price recited herein for the term of such extension. In the event City desires to extend this Agreement, the Water Director shall so notify the Vendor, who shall promptly accept or reject such extension in writing. 10. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to: If to City: Beth Schoenberger, Water Director City of Vallejo Water Department 202 Fleming Hill Road, Vallejo, CA 94589 If to Vendor: Holly O’Donnell, Dir. of Government & Aerospace Programs Linde, Inc. 7000 High Grove Blvd., Burr Ridge, IL 60527 Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section. 11. The City Representative shall administer this Agreement for the City, and routine administrative communications shall be made to the City Representative, or the representative's designee:

Joe Abitong, Water Operations Superintendent City of Vallejo Water Department 202 Fleming Hill Road, Vallejo, CA 94589 [email protected] 12. This Agreement, including all attachments, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto. 13. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts. 14. The following Exhibits are attached hereto and incorporated herein by reference: Exhibit A: Completed/Signed “Standard Agreement” Bid Form & Addendum Exhibit B: NBACP Award Form, and Bidder’s Bid Form/Bid Tabulation Exhibit C: NBACP Bid General Requirements Exhibit D: Manufacturer’s Information for Chemical Exhibit E: Insurance and Endorsements (including any attachments) Exhibit F: City of Vallejo Business License [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties. LINDE INC., a Delaware corporation By: HOLLY O’DONNELL Director of Government & Aerospace Programs DATE: Vallejo Business License No. (City Seal) CITY OF VALLEJO, a municipal corporation By: MIKE MALONE City Manager DATE: ATTEST: By: Dawn Abrahamson City Clerk APPROVED AS TO CONTENT: Beth Schoenberger Water Director APPROVED AS TO FORM: for Veronica A.F. Nebb City Attorney APPROVED AS TO INSURANCE: Armond Sarkis Risk Manager Exhibit A
Completed and Signed “Standard Agreement” Bid Form
and Addendum
- 4 -

NORTH BAY AGENCY CHEMICAL POOL (NBACP)
FOR FISCAL YEAR 2022 – 2023

BID FORM

STANDARD AGREEMENT
c/o: John Alexander
NBACP Chair
City of Davis
City of Davis Wastewater Treatment Plant
County Rd. 28H
Davis, CA 95616
Dear Mr. Alexander:

I hereby agree to furnish the chemicals identified in the attached bid form(s), as solicited by the NBACP, to the following NBACP agencies:
1) City of American Canyon 6) City of Napa 11) Solano Irrigation District 2) City of Benicia 7) City of Petaluma 12) Town of Yountville 3) City of Calistoga 8) City of St. Helena 13) Vallejo Flood and Wastewater District 4) City of Davis 9) City of Vallejo
5) City of Fairfield 10) City of West Sacramento
and in accordance with the prices, specifications, terms and conditions as stated in the bid packet.

Company:

Address:

City, State, ZIP:

Phone:

E-mail:

Authorized Representative:

Signature: Date:

WE ACKNOWLEDGE ADDENDUM/ADDENDA NUMBER THROUGH .

SPECIFIC DEVIATIONS:

Linde Inc.
7000 High Grove Blvd.

Burr Ridge, IL 60527
(630)320-4166 or (630)320-4231
[email protected]
*
May 2, 2022
1 1
* Linde is the current supplier. Therefore, the terms and conditions currently in place will govern the new supply period.

Holly O'Donnell

ADDENDUM NUMBER #1
DATE: April 15, 2022
DOCUMENT: NBACP Bid Specifications
FISCAL YEAR: 2022-23
CUSTOMER: North Bay Agency Chemical Pool
HOST AGENCY: John Alexander, Chairperson, City of Davis TO: Prospective Bidders
This Addendum forms a part of the Notice to Bidder and corrects the typographical errors in the insurance requirements dated April 06, 2022 with amendments and additions noted below.

Acknowledge receipt of this Addendum in the space provided below and submit with the FY 22/23 bid package due May 4, 2022. Failure to do so may disqualify the Bidder.

This Addendum consists of the following specifications or forms:

Item Specification or Form Page #
A Revised Bid Form Insurance Requirements (correcting the Minimum Limits of Liability for the Broad Form Contractors Pollution Liability Insurance Section: Adding the word not after the word will in the last sentence of the section).

This was a typo. Minimum insurance requirements are consistent with fiscal year 21/22 requirements.
12 B Revised the Insurance and Indemnity Certification Agreement (Made the insurance requirements on the agreement consistent with the bid document).
1,2,3,4
&5
Vendor
Signature Date Received
Linde Inc.

May 2, 2022

Exhibit B NBACP Award Form, and Bidder’s Bid Form/Bid Tabulation

May 2, 2022 City of Vallejo FLEMING HILL WTP 202 Fleming Hill Road Vallejo, CA 94590 RE: INVITATION TO BID – CHEMICAL REQUIREMENTS FOR 2022-2023 DUE MAY 4, 2022 @ 2:00 PM To Whom It May Concern: We are pleased to submit our proposal for your Liquid Oxygen requirements for the period July 1, 2022 through June 30, 2023 in Vallejo, CA as listed below: Location Customer Owned Tank(s) Volume/Year Fleming Hill WTP 11,000 gallon 21,500,000 cf UPRICINGU: $1.15/ccf USPECIFICATIONSU: ≥ 99.5% assay Linde’s plant is NSF 60 certified by WQA. Evidence of certification can be found by going to the following website: www.wqa.org. You will find a list of all the Linde plants that are NSF-60 certified for oxygen. Supply to your facility will be shipping from our Pittsburg, CA plant. Attached is a copy of the paperwork that you will receive with each shipment to your facility indicating that the product is certified by WQA to the ANSI/NSF Standard 60, Drinking Water Treatment Chemicals – Health Effects. Also attached for your reference is a copy of our Sustainable Development web page. Detailed information can be found by going to www.lindeus.com. UPAYMENT TERMSU: N30 days from date of invoice If awarded the business, excepting the price, the existing terms and conditions that were agreed upon between the City of Vallejo and Linde dated June 11, 2015, which are in effect now, shall be extended to cover the new supply period of July 1, 2022 through June 30, 2023. The pricing for the period July 1, 2022 through June 30, 2023 is as stated above under PRICING: $1.15/ccf. The City of Vallejo and Linde further consent to the following provisions of the above-referenced Agreement: CONTINGENCIES. Neither party hereto will be liable to the other for default or delay in the performance of any of its obligations hereunder (except any obligation to make payments when due) due to act of God, accident, fire, flood, storm, riot, war, act of terrorism, sabotage, explosion, strike, concerted acts of workers, national defense requirements, governmental law, ordinance, rule or regulation, whether valid or invalid, extraordinary failure of equipment or apparatus, inability to obtain electricity or other type of energy, feedstock, raw or finished material from normal sources of supply, labor, equipment or transportation, or any similar or different contingency beyond its reasonable control which would prevent or delay performance or make performance commercially impracticable whether or not the contingency is of the same class as those enumerated above, it being expressly agreed that such enumeration is non-exclusive; provided, however, that neither business downturn nor economic conditions will qualify as a contingency within the meaning of this Article 3. In the event any such contingency affects only a part of Seller's capability to produce and/or deliver Product, Seller will allocate production and/or deliveries among the requirements of all its affected customers and Seller's own requirements in a fair and reasonable manner. Buyer will pay or reimburse Seller for any additional costs incurred relating to the delivery of any Product to Buyer during a contingency. In the event that a contingency event prevents Seller from delivering Product or requires Buyer to pay any additional costs for Product then Buyer shall be allowed to seek Product from alternative sources during the period of the contingency. Buyer will pay Seller a Transportation Charge for each delivery of Product. The current Transportation Charge is set forth in the chart below and may be adjusted quarterly based on the average of the previous quarter’s Weekly U.S. No. 2 Diesel Retail Prices (Dollars per Gallon) as published by the US Energy Information Administration and as otherwise determined by Seller. The diesel prices can be found at www.eia.gov. The chart below shows how the charge varies with diesel price changes. The Transportation Charge for Diesel Fuel Prices not shown will increase or decrease in the same increments reflected on the chart. The above referenced charges or surcharges will be in addition to the Prices and will be invoiced by Seller’s standard billing methods.

This letter with the City’s authorized signature and Linde’s authorized countersignature shall serve as an Amendment to the parties’ earlier Agreement. The current agreement is attached for your reference. UOPTIONS TO RENEWU: By mutual agreement, the City of Vallejo (City) and Linde may extend this contract for a period of an additional twelve (12) months upon the same terms and conditions set forth herein up to Utwo extensionsU. The amount to be paid for the extension may be negotiated upward or downward based on Indexes agreeable to both parties. Our proposal is valid for thirty (30) days and is subject to the terms and conditions attached hereto. I hope that Linde can continue to serve your industrial gas needs for the future. If you have any questions, please feel free to contact me on (630) 320-4166. Sincerely, Kimberley Howard Diane M. McAvoy Account Manager Sr. Account Manager AGREED AND ACCEPTED THIS ____ DAY OF ______________, 2022 CITY OF VALLEJO, CA LINDE INC. Signature: ________________________ Signature: ________________________ Name: ________________________ Name: ________________________ Title: ________________________ Title: ________________________ Date: ________________________ Date: ________________________ On-Highway
Diesel Fuel Price
NI-OX-
AR-CO2 HY CO HE
$0 - $2.349$50.00$70.00$70.00$100. 00
$2.35 - $2.499$56.25$78.75$78.75$112. 50
$2.50 - $2.649$62.50$87.50$87.50$125. 00
$2.65 - $2.799$68.75$96.25$96.25$137. 50
$2.80 - $2.949$75.00$105.00$105.00$150. 00
$3.55 - $3.699$106.25$148.75$148.75$212. 50
$3.70 - $3.849$112.50$157.50$157.50$225. 00
$3.85 - $3.999$118.75$166.25$166.25$237. 50
$4.00 - $4.149$125.00$175.00$175.00$250. 00
$4.15 - $4.299$131.25$183.75$183.75$262. 50

12.5% NaOCl

Exhibit C NBACP Bid General Requirements
- 10 -

GENERAL REQUIREMENTS

1. NORTH BAY AGENCY CHEMICAL POOL (NBACP)

2. COMMON LANGUAGE

3. CONTRACT PERIOD

The bid pricing shall be fixed for the fiscal year FY 2022/23, (July 1, 2022 through June 30, 2023).

4. LAWS AND REGULATIONS

The chemical Supplier shall comply with all applicable State of California and Federal laws, City and County ordinances, licenses and regulations during the contract period.

5. EQUAL OPPORTUNITY

6. SITE VISITS

7. CHEMICAL CONFORMANCE

- 11 -

9. PURCHASE ORDERS

10. MODIFICATION OF AGREEMENT

No modification of award shall be binding upon any participating Agency unless made in writing and signed by authorized agents of each participating Agency.

11. INSURANCE

MINIMUM SCOPE OF INSURANCE

1. Insurance shall be at least as broad as:

2. Insurance Services Office form covering Automobile Liability, code 1 (any auto)

3. Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance.

- 12 -

BIDDER SHALL MAINTAIN LIMITS NO LESS THAN:

ISO Form CG 20 10 (1/85) or its equivalent is required.

Broad Form Contractors Pollution Liability
Insurance
Same limits as Commercial General Liability insurance.

Time Element Sudden and Accidental coverage and/or
any Blended Pollution Endorsements on General Liability and Auto Liability policies and/or Pollution Liability
policies will not be accepted.

DEDUCTIBLES AND SELF-INSURED RETENTIONS

Bidder is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

- 13 -

OTHER INSURANCE PROVISIONS

The required general liability and automobile liability policies are to contain, or be endorsed to contain the following provisions:

4. The bidder’s insurance shall apply separately to each insured against whom claim is made or suit is brought except, with respect to the limits of the insurer’s liability.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII.

- 14 -

12. INDEMNIFICATION

13. PATENT GUARANTEE

14. CHEMICAL ORDERS

15. DELIVERY REQUIREMENTS

17. SAFETY

The NBACP and their member Agencies have a zero-tolerance policy for re-occurring safety violations from the Suppliers and his agents and will terminate the Supplier for cause.

18. QUALITY CONTROL

19. OVER SHIPMENTS

Material shipped in excess of quantity ordered may be returned at Bidder's expense. - 16 -

20. ACCEPTANCE OF TERMS BY SHIPMENT

Shipment of any portion of the goods covered by this Bid shall be deemed an acceptance of the terms set forth herein.

21. TAXES

22. INVOICING and PAYMENTS

23. SUB-CONTRACTING

No portion of the bid award may be subcontracted to another chemical vendor without the prior written approval of the NBACP Agencies.

24. ASSIGNMENT

25. CANCELLATION

26. TERMINATION OF AWARD FOR CAUSE

Notwithstanding the above, the successful Bidder shall not be relieved of liability to the Agency for

Exhibit D Manufacturer’s Information for Chemical(s)
Issue Date24-Feb-2015Revision Date 07-Apr-2020 , Version 2.01_________________________________________________________________________________ OXYGEN, REFRIGERATED LIQUIDSafety Data Sheet_________________________________________________________________________________1. IDENTIFICATIONProduct identifier Product NameOXYGEN, REFRIGERATED LIQUIDOther means of identification Safety data sheet numberLIND-P098UN/ID no.UN1073SynonymsLiquid Oxygen; LOXRecommended use of the chemical and restrictions on use Recommended UseIndustrial and professional use. Medical.Uses advised againstConsumer use.Emergency telephone number Company Phone Number+1 800-645-4633CHEMTREC: 1-800-424-9300 (North America) +1-703-527-3887 (International)2. HAZARDS IDENTIFICATIONClassification OSHA Regulatory StatusThis chemical is considered hazardous by the 2012 OSHA Hazard Communication Standard (29 CFR 1910.1200).Label elements Details of the supplier of the safety data sheetLinde Gas North America LLC10 Riverview DriveDanbury, CT 06810Phone: 908-329-9700www.lindeus.com* May include subsidiaries or affiliate companies/divisions.For additional product information contact your local customer service.

Oxidizing gasesCategory 1Gases under pressureRefrigerated liquefied gas_____________________________________________________________________________________________Page 1 / 9 _____________________________________________________________________________________________LIND-P098 OXYGEN, REFRIGERATED LIQUIDRevision Date07-Apr-2020 Signal wordDangerHazard StatementsMay cause or intensify fire; oxidizerContains refrigerated gas; may cause cryogenic burns or injuryCombustibles in contact with liquid oxygen may explode on ignition or impactPrecautionary Statements - PreventionDo not handle until all safety precautions have been read and understoodKeep and store away from clothing and other combustible materialsKeep valves and fittings free from grease and oilUse and store only outdoors or in a well ventilated placeWear cold insulating gloves, face shield, and eye protectionUse a backflow preventive device in pipingUse only with equipment of compatible materials of construction and rated for cylinder pressureUse only with equipment cleaned for oxygen serviceDo NOT change or force fit connectionsAvoid spills. Do not walk on or roll equipment over spillsClose valve after each use and when emptyAlways keep container in upright positionPrecautionary Statements - ResponseIF ON SKIN:. Thaw frosted parts with lukewarm water. Do not rub affected area. Get immediate medical advice/attention.In case of fire: Stop leak if safe to do soHazards not otherwise classified (HNOC) Not applicable3. COMPOSITION/INFORMATION ON INGREDIENTSChemical NameCAS No.Volume %Chemical FormulaOXYGEN7782-44-7>99O24. FIRST AID MEASURESDescription of first aid measuresGeneral adviceShow this safety data sheet to the doctor in attendance.InhalationMove victim to fresh air. Seek immediate medical attention/advice._____________________________________________________________________________________________Page 2 / 9 _____________________________________________________________________________________________LIND-P098 OXYGEN, REFRIGERATED LIQUIDRevision Date07-Apr-2020Skin contactFor dermal contact or suspected frostbite, remove contaminated clothing and flush affected areaswith lukewarm water. DO NOT USE HOT WATER. A physican should see the patient promptly ifcontact with the product has resulted in blistering of the dermal surface or in deep tissue freezing.Eye contactIf frostbite is suspected, flush eyes with cool water for 15 minutes and obtain immediate medicalattention.IngestionNot an expected route of exposure.Most important symptoms and effects, both acute and delayedSymptomsOxygen is not acutely toxic under normal pressure. Oxygen is more toxic when inhaled at elevatedpressures. Depending upon pressure and duration of exposure, pure oxygen at elevated pressuresmay cause cramps, dizziness, difficulty breathing, convulsions, edema and death. Contact withevaporating liquid may cause cold burns/frostbite.Indication of any immediate medical attention and special treatment neededNote to physiciansTreat symptomatically.5. FIRE-FIGHTING MEASURESSuitable extinguishing mediaUse extinguishing measures that are appropriate to local circumstances and the surrounding environment.Unsuitable extinguishing mediaNone.Specific extinguishing methodsContinue to cool fire exposed cylinders until flames are extinguished. Damaged cylinders should be handled only by specialists.Specific hazards arising from the chemicalMay cause or intensify fire; oxidizer. Combustibles in contact with liquid oxygen may explode on ignition or impact. Will support and acceleratecombustion of combustible materials (wood, paper, oil, debris, etc). Cylinders may rupture under extreme heat.Protective equipment and precautions for firefightersAs in any fire, wear self-contained breathing apparatus pressure-demand, NIOSH (approved or equivalent) and full protective gear.6. ACCIDENTAL RELEASE MEASURESPersonal precautions, protective equipment and emergency procedures Personal precautionsEvacuate personnel to safe areas. Ensure adequate ventilation, especially in confined areas. Avoidspills. Do not walk on or roll equipment over spills. Monitor oxygen level. Eliminate all ignitionsources if safe to do so. Use personal protection recommended in Section 8.Other InformationWhen in contact with refrigerated/cryogenic liquids, many materials become brittle and are likelyto break without warning.Environmental precautions Environmental precautionsPrevent spreading of vapors through sewers, ventilation systems and confined areas.Methods and material for containment and cleaning up Methods for containmentStop the flow of gas or remove cylinder to outdoor location if this can be done without risk. If leak isin container or container valve, contact the appropriate emergency telephone number in Section 1or call your closest Linde location._____________________________________________________________________________________________Page 3 / 9 _____________________________________________________________________________________________LIND-P098 OXYGEN, REFRIGERATED LIQUIDRevision Date07-Apr-2020Methods for cleaning upReturn Portable Cryogenic Container to Linde or an authorized distributor.7. HANDLING AND STORAGEPrecautions for safe handlingAdvice on safe handlingLiquid oxygen cannot be handled in carbon or low alloy steel, 18-8 and 18-10 stainless steel areacceptable as are copper and its alloys, brass bronze, silicon alloys, Monel®, Inconel®, andberyllium. Teflon®, Teflon® composites, or Kel-F® are preferred non-metallic gasket materials.Oxygen should not be used as a substitute for compressed air in pneumatic equipment since theygenerally contain flammable lubricants. Equipment able to use oxygen must be "cleaned for oxygenservice". Check with the equipment supplier to verify oxygen compatibility for the serviceconditions. Keep valves and fittings free from grease and oil. Use only equipment of compatiblematerials of construction. Do NOT change or force fit connections. Open valve slowly. "NOSMOKING" signs should be posted in storage and use areas. Separate flammable gas cylinders fromoxygen and other oxidizers by a minimum distance of 20 ft. or by a 5 ft. high barrier with a minimumfire resistance rating of a half an hour. Never allow any unprotected part ot the body to touchuninsulated pipes or vessels that contain cold fluids. The extremely cold metal will cause moistflesh to stick fast and tear when one attempts to withdraw from it. Stationary customer site vesselsshould be operated in accordance with the manufacturer's and Linde's instruction. Do not attemptto repair, adjust or in any other way modify the operation of these vessels. If there is a malfunctionor other type of operations problem with the vessel, contact the closest Linde location immediatelyfor assistance.Protect cylinders from physical damage; do not drag, roll, slide or drop. Never attempt to lift acylinder by its valve protection cap. When moving cylinders, even for short distance, use a cartdesigned to transport cylinders. Never insert an object (e.g. wrench, screwdriver, pry bar,etc.) intovalve cap openings. Doing so may damage valve, causing leak to occur. Use an adjustable strapwrench to remove over-tight or rusted caps. Use only with adequate ventilation. Use a backflowpreventive device in piping. Close valve after each use and when empty. If user experiences anydifficulty operating cylinder valve discontinue use and contact supplier. Ensure the complete gassystem has been checked for leaks before use.Never put cylinders into trunks of cars or unventilated areas of passenger vehicles. Never attemptto refill a compressed gas cylinder without the owner's written consent. Never strike an arc on acompressed gas cylinder or make a cylinder a part of an electrical circuit.Only experienced and properly instructed persons should handle gases under pressure. Alwaysstore and handle compressed gas cylinders in accordance with Compressed Gas Association,pamphlet CGA-P1, Safe Handling of Compressed Gases in Containers.For additional recommendations, consult Compressed Gas Association's Pamphlets SB-7, G-4.3,G-4.1, G-4.4, P-2.5, G-4.9, P-14, and SB-2.Conditions for safe storage, including any incompatibilitiesStorage ConditionsStore in cool, dry, well-ventilated area of non-combustible construction away from heavilytrafficked areas and emergency exits. Keep at temperatures below 52°C / 125°F. Cylinders shouldbe stored upright with valve protection cap in place and firmly secured to prevent falling. Full andempty cylinders should be segregrated. Use a "first in-first out" inventory system to prevent fullcylinders from being stored for excessive periods of time. Stored containers should be periodicallychecked for general condition and leakage. Do not store near combustible materialsIncompatible materialsCombustible materials. Organic material. Reducing agents. Oil. Grease.8. EXPOSURE CONTROLS/PERSONAL PROTECTION_____________________________________________________________________________________________Page 4 / 9Control parameters _____________________________________________________________________________________________LIND-P098 OXYGEN, REFRIGERATED LIQUIDRevision Date07-Apr-2020Exposure GuidelinesThis product, as supplied, does not contain any hazardous materials with occupational exposurelimits established by the region specific regulatory bodiesAppropriate engineering controlsEngineering ControlsShowers. Eyewash stations. Use local exhaust in combination with general ventilation as necessaryto keep oxygen concentrations below 23.5%. Consider installation of leak detection systems inareas of use and storage. Systems under pressure should be regularly checked for leakages.Individual protection measures, such as personal protective equipmentEye/face protectionWear safety glasses with side shields (or goggles). If splashes are likely to occur, wear:. Goggles.Face-shield.Skin and body protectionWork gloves and safety shoes are recommended when handling cylinders. Gloves must be cleanand free from grease or oil. Wear cold insulating gloves when handling liquid.Respiratory protectionNo special protective equipment required.General Hygiene ConsiderationsHandle in accordance with good industrial hygiene and safety practice. Do not get in eyes, on skin,or on clothing.9. PHYSICAL AND CHEMICAL PROPERTIESInformation on basic physical and chemical properties Physical stateGas.AppearancePale blue.OdorOdorless.Odor thresholdNo information availablepH Not applicableMelting/freezing point-218.8 °C / -361.8 °FEvaporation rateNot applicableFlammability (solid, gas)See Section 5.Lower flammability limit:Not applicableUpper flammability limit:Not applicableFlash pointNot applicableAutoignition temperatureNo data availableDecomposition temperatureNo data availableOxidizing propertiesOxidizerWater solubilitySlightly solublePartition coefficientNo data availableKinematic viscosityNot applicableChemical NameMolecular weightBoilingpoint/rangeVapor PressureVapor density (air=1)Gas Densitykg/m3@20°CCriticalTemperatureOXYGEN31.99-182.9 °CAbove criticaltemperature1.111.331-118.6 °C10. STABILITY AND REACTIVITYReactivity Not reactive under normal conditionsChemical stabilityStable under normal conditions._____________________________________________________________________________________________Page 5 / 9 _____________________________________________________________________________________________LIND-P098 OXYGEN, REFRIGERATED LIQUIDRevision Date07-Apr-2020Explosion data Sensitivity to Mechanical ImpactNone.Sensitivity to Static DischargeNone.Possibility of Hazardous ReactionsMay cause or intensify fire; oxidizer. Will support and accelerate combustion of combustible materials (wood, paper, oil, debris, etc).Conditions to avoidNone under recommended storage and handling conditions (see Section 7).Incompatible materialsCombustible materials. Organic material. Reducing agents. Oil. Grease.Hazardous Decomposition ProductsNone known.11. TOXICOLOGICAL INFORMATIONInformation on likely routes of exposure InhalationSymptoms of overexposure are dizziness, headache, tiredness, nausea, unconsciousness, cessationof breathing.Poisoning began in dogs 36 hours after inhalation of pure oxygen at atmospheric pressure. Distresswas seen within 48 hours and death within 60 hours.Skin contactContact with evaporating liquid may cause cold burns/frostbite.Eye contactThe incompletely developed retinal circulation is more susceptible to toxic levels of oxygen. Inpremature infants, arterial oxygen tension above 150 mm Hg may cause retrolental fibroplasia.Permanent blindness may occur several months later. One case of severe retinal damage in an adultwas reported. An individual suffering from myasthenia gravis developed irreversible retinalatrophy after breathing 80% oxygen for 150 days. Contact with evaporating liquid may cause coldburns/frostbite.IngestionNot an expected route of exposure.Information on toxicological effects SymptomsOxygen is not acutely toxic under normal pressure. Oxygen is more toxic when inhaled at elevatedpressures. Depending upon pressure and duration of exposure, pure oxygen at elevated pressuresmay cause cramps, dizziness, difficulty breathing, convulsions, edema and death.Delayed and immediate effects as well as chronic effects from short and long-term exposure IrritationNot classified.SensitizationNot classified.Germ cell mutagenicityNot classified.CarcinogenicityThis product does not contain any carcinogens or potential carcinogens listed by OSHA, IARC or NTP.Reproductive toxicityNot classified.STOT - single exposureNot classified.STOT - repeated exposureNot classified.Chronic toxicityProlonged inhalation of high oxygen concentrations (>75%) may affect coordination, attention,and cause tiredness of respiratory irritation.Target Organ EffectsNone known.Aspiration hazardNot applicable._____________________________________________________________________________________________Page 6 / 9Numerical measures of toxicity _____________________________________________________________________________________________LIND-P098 OXYGEN, REFRIGERATED LIQUIDRevision Date07-Apr-2020Oral LD50No information available12. ECOLOGICAL INFORMATIONEcotoxicityNo known acute aquatic toxicity.Persistence and degradabilityNot applicable.BioaccumulationWill not bioconcentrate.Other adverse effectsCan cause frost damage to vegetation.13. DISPOSAL CONSIDERATIONSWaste treatment methodsDisposal of wastesDo not attempt to dispose of residual waste or unused quantities. Return in the shipping containerPROPERLY LABELED WITH ANY VALVE OUTLET PLUGS OR CAPS SECURED AND VALVE PROTECTION CAPIN PLACE to Linde for proper disposal.14. TRANSPORT INFORMATIONDOT UN/ID no.UN1073Proper shipping nameOxygen, refrigerated liquidHazard Class2.2Subsidiary class5.1Special ProvisionsT75, TP5, TP22DescriptionUN1073, Oxygen, refrigerated liquid, 2.2 (5.1)Emergency Response Guide Number122TDG UN/ID no.UN1073Proper shipping nameOxygen, refrigerated liquidHazard Class2.2Subsidiary class5.1DescriptionUN1073, Oxygen, refrigerated liquid, 2.2 (5.1)IATA Forbidden by Passenger AirDescriptionForbiddenIMDG UN/ID no.UN1073Proper shipping nameOxygen, refrigerated liquidHazard Class2.2Subsidiary hazard class5.1EmS-No.F-C, S-WDescriptionUN1073, Oxygen, refrigerated liquid, 2.2 (5.1)_____________________________________________________________________________________________Page 7 / 9 _____________________________________________________________________________________________LIND-P098 OXYGEN, REFRIGERATED LIQUIDRevision Date07-Apr-202015. REGULATORY INFORMATIONInternational Inventories TSCACompliesDSL/NDSLCompliesEINECS/ELINCSCompliesLegend: TSCA - United States Toxic Substances Control Act Section 8(b) InventoryDSL/NDSL - Canadian Domestic Substances List/Non-Domestic Substances ListEINECS/ELINCS - European Inventory of Existing Chemical Substances/European List of Notified Chemical SubstancesUS Federal Regulations SARA 313Section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA). This product does not contain any chemicalswhich are subject to the reporting requirements of the Act and Title 40 of the Code of Federal Regulations, Part 372.SARA 311/312 Hazard CategoriesShould this product meet EPCRA 311/312 reporting criteria at 40 CFR 370, refer to Section 2 of this SDS for appropriate classifications.CERCLAThis material, as supplied, does not contain any substances regulated as hazardous substances under the Comprehensive EnvironmentalResponse Compensation and Liability Act (CERCLA) (40 CFR 302) or the Superfund Amendments and Reauthorization Act (SARA) (40 CFR 355).There may be specific reporting requirements at the local, regional, or state level pertaining to releases of this material.Clean Air Act, Section 112 Hazardous Air Pollutants (HAPs) (see 40 CFR 61) This product does not contain any substances regulated as hazardous air pollutants (HAPS) under Section 112 of the Clean Air Act Amendmentsof 1990.CWA (Clean Water Act)This product does not contain any substances regulated as pollutants pursuant to the Clean Water Act (40 CFR 122.21 and 40 CFR 122.42).Risk and Process Safety Management ProgramsThis material, as supplied, does not contain any regulated substances with specified thresholds under 40 CFR Part 68. This product does notcontain any substances regulated as Highly Hazardous Chemicals pursuant to the 29 CFR Part 1910.110.US State Regulations California Proposition 65This product does not contain any Proposition 65 chemicals.U.S. State Right-to-Know RegulationsChemical NameNew JerseyMassachusettsPennsylvaniaOxygen 7782-44-7X X X16. OTHER INFORMATION_____________________________________________________________________________________________Page 8 / 9 _____________________________________________________________________________________________LIND-P098 OXYGEN, REFRIGERATED LIQUIDRevision Date07-Apr-2020Note: Ratings were assigned in accordance with Compressed Gas Association (CGA) guidelines as published in CGA Pamphlet P-19-2009, CGA RecommendedHazard Ratings for Compressed Gases, 3rd Edition.Issue Date24-Feb-2015Revision Date07-Apr-2020Revision NoteSDS sections updated; 1LIND-P098General DisclaimerFor terms and conditions, including limitation of liability, please refer to the purchase agreement in effect between Linde LLC, LindeMerchant Production, Inc. or Linde Gas North America LLC (or any of their affiliates and subsidiaries) and the purchaser.DISCLAIMER OF EXPRESSED AND IMPLIED WARRANTIESAlthough reasonable care has been taken in the preparation of this document, we extend no warranties and make no representations asto the accuracy or completeness of the information contained herein, and assume no responsibility regarding the suitability of thisinformation for the user's intended purposes or for the consequences of its use. Each individual should make a determination as to thesuitability of the information for their particular purpose(s).End of Safety Data Sheet NFPA Health hazards 3Flammability 0Instability 0Physical and ChemicalProperties OX _____________________________________________________________________________________________Page 9 / 9 Issue Date24-Feb-2015Revision Date 08-Apr-2020 , Version 2.01_________________________________________________________________________________ OXYGENSafety Data Sheet_________________________________________________________________________________1. IDENTIFICATIONProduct identifier Product NameOXYGENOther means of identification Safety data sheet numberLIND-P097UN/ID no.UN1072Trade nameMAPAX® ORecommended use of the chemical and restrictions on use Recommended UseIndustrial and professional use. Medical. Food and Beverage.Uses advised againstConsumer use.Emergency telephone number Company Phone Number+1 800-645-4633CHEMTREC: 1-800-424-9300 (North America) +1-703-527-3887 (International)2. HAZARDS IDENTIFICATIONClassification OSHA Regulatory StatusThis chemical is considered hazardous by the 2012 OSHA Hazard Communication Standard (29 CFR 1910.1200).Label elements Details of the supplier of the safety data sheetLinde Gas North America LLC10 Riverview DriveDanbury, CT 06810Phone: 908-329-9700www.lindeus.com* May include subsidiaries or affiliate companies/divisions.For additional product information contact your local customer service.

Oxidizing gasesCategory 1Gases under pressureCompressed gas_____________________________________________________________________________________________Page 1 / 9 _____________________________________________________________________________________________LIND-P097 OXYGENRevision Date08-Apr-2020 Signal wordDangerHazard StatementsMay cause or intensify fire; oxidizerContains gas under pressure; may explode if heatedPrecautionary Statements - PreventionDo not handle until all safety precautions have been read and understoodKeep and store away from clothing and other combustible materialsKeep valves and fittings free from grease and oilUse and store only outdoors or in a well ventilated placeUse a backflow preventive device in pipingUse only equipment of compatible materials of construction and rated for cylinder pressureUse only with equipment cleaned for oxygen serviceOpen valve slowlyClose valve after each use and when emptyPrecautionary Statements - ResponseIn case of fire: Stop leak if safe to do soPrecautionary Statements - StorageProtect from sunlight when ambient temperature exceeds 52°C/125°FHazards not otherwise classified (HNOC) Not applicable3. COMPOSITION/INFORMATION ON INGREDIENTSChemical NameCAS No.Volume %Chemical FormulaOXYGEN7782-44-7>99O24. FIRST AID MEASURESDescription of first aid measuresGeneral adviceShow this safety data sheet to the doctor in attendance.InhalationMove victim to fresh air. Seek immediate medical attention/advice.Skin contactNone under normal use. Get medical attention if symptoms occur._____________________________________________________________________________________________Page 2 / 9 _____________________________________________________________________________________________LIND-P097 OXYGENRevision Date08-Apr-2020Eye contactNone under normal use. Get medical attention if symptoms occur.IngestionNot an expected route of exposure.Most important symptoms and effects, both acute and delayedSymptomsOxygen is not acutely toxic under normal pressure. Oxygen is more toxic when inhaled at elevatedpressures. Depending upon pressure and duration of exposure, pure oxygen at elevated pressuresmay cause cramps, dizziness, difficulty breathing, convulsions, edema and death.Indication of any immediate medical attention and special treatment neededNote to physiciansTreat symptomatically.5. FIRE-FIGHTING MEASURESSuitable extinguishing mediaUse extinguishing measures that are appropriate to local circumstances and the surrounding environment.Unsuitable extinguishing mediaNone.Specific extinguishing methodsContinue to cool fire exposed cylinders until flames are extinguished. Damaged cylinders should be handled only by specialists.Specific hazards arising from the chemicalMay cause or intensify fire; oxidizer. Will support and accelerate combustion of combustible materials (wood, paper, oil, debris, etc). Cylindersmay rupture under extreme heat.Protective equipment and precautions for firefightersAs in any fire, wear self-contained breathing apparatus pressure-demand, NIOSH (approved or equivalent) and full protective gear.6. ACCIDENTAL RELEASE MEASURESPersonal precautions, protective equipment and emergency procedures Personal precautionsEvacuate personnel to safe areas. Ensure adequate ventilation, especially in confined areas.Monitor oxygen level. Eliminate all ignition sources if safe to do so.Environmental precautions Environmental precautionsPrevent spreading of vapors through sewers, ventilation systems and confined areas.Methods and material for containment and cleaning up Methods for containmentStop the flow of gas or remove cylinder to outdoor location if this can be done without risk. If leak isin container or container valve, contact the appropriate emergency telephone number in Section 1or call your closest Linde location.Methods for cleaning upReturn cylinder to Linde or an authorized distributor.7. HANDLING AND STORAGEPrecautions for safe handlingAdvice on safe handlingKeep valves and fittings free from grease and oil. Use only equipment of compatible materials ofconstruction. Open valve slowly. "NO SMOKING" signs should be posted in storage and use areas.Separate flammable gas cylinders from oxygen and other oxidizers by a minimum distance of 20 ft.or by a 5 ft. high barrier with a minimum fire resistance rating of a half an hour. Dry product is_____________________________________________________________________________________________Page 3 / 9 _____________________________________________________________________________________________LIND-P097 OXYGENRevision Date08-Apr-2020non-corrosive and may be used with all materials of construction. Moisture causes metal oxideswhich are formed with air to be hydrated so that they include volume and lose their protective role(rust formation). Concentrations of SO 2 , Cl 2 , salt, etc. in the moisture enhances the rusting ofmetals in air. Carbon steels and low alloy steels are acceptable for use at lower pressures. For highpressure applications stainless steels are acceptable as are copper and its alloys, nickel and itsalloys, brass bronze, silicon alloys, Monel®, Inconel®, and beryllium. Lead and silver or lead tinalloys are good gasket materials. Teflon®, Teflon® composites, or Kel-F® are preferrednon-metallic gasket materials. Oxygen should not be used as a substitute for compressed air inpneumatic equipment since they generally contain flammable lubricants. Equipment able to useoxygen must be "cleaned for oxygen service". Check with the equipment supplier to verify oxygencompatibility for the service conditions.Protect cylinders from physical damage; do not drag, roll, slide or drop. When moving cylinders,even for short distance, use a cart designed to transport cylinders. Never attempt to lift a cylinderby its valve protection cap. Never insert an object (e.g. wrench, screwdriver, pry bar,etc.) into valvecap openings. Doing so may damage valve, causing leak to occur. Use an adjustable strap wrench toremove over-tight or rusted caps. Use only with adequate ventilation. Use only with equipmentrated for cylinder pressure. Use a backflow preventive device in piping. Close valve after each useand when empty. If user experiences any difficulty operating cylinder valve discontinue use andcontact supplier.Never put cylinders into trunks of cars or unventilated areas of passenger vehicles. Never attemptto refill a compressed gas cylinder without the owner's written consent. Never strike an arc on acompressed gas cylinder or make a cylinder a part of an electrical circuit. Ensure the complete gassystem has been checked for leaks before use.Only experienced and properly instructed persons should handle gases under pressure. Alwaysstore and handle compressed gas cylinders in accordance with Compressed Gas Association,pamphlet CGA-P1, Safe Handling of Compressed Gases in Containers.For additional recommendations, consult Compressed Gas Association's Pamphlets SB-7, G-4.3,G-4.1, G-4.4, P-2.5, G-4.9, P-14, and SB-2.Conditions for safe storage, including any incompatibilitiesStorage ConditionsStore in cool, dry, well-ventilated area of non-combustible construction away from heavilytrafficked areas and emergency exits. Keep at temperatures below 52°C / 125°F. Cylinders shouldbe stored upright with valve protection cap in place and firmly secured to prevent falling. Full andempty cylinders should be segregrated. Use a "first in-first out" inventory system to prevent fullcylinders from being stored for excessive periods of time. Stored containers should be periodicallychecked for general condition and leakage. Do not store near combustible materialsIncompatible materialsReducing agents. Combustible material. Organic material. Oil. Grease.8. EXPOSURE CONTROLS/PERSONAL PROTECTIONControl parameters Exposure GuidelinesThis product, as supplied, does not contain any hazardous materials with occupational exposurelimits established by the region specific regulatory bodiesAppropriate engineering controlsEngineering ControlsVentilation systems. Use local exhaust in combination with general ventilation as necessary to keepoxygen concentrations below 23.5%. Consider installation of leak detection systems in areas of useand storage. Systems under pressure should be regularly checked for leakages._____________________________________________________________________________________________Page 4 / 9Individual protection measures, such as personal protective equipment _____________________________________________________________________________________________LIND-P097 OXYGENRevision Date08-Apr-2020Eye/face protectionWear safety glasses with side shields (or goggles).Skin and body protectionWork gloves and safety shoes are recommended when handling cylinders. Gloves must be cleanand free from grease or oil.Respiratory protectionNo special protective equipment required.General Hygiene ConsiderationsHandle in accordance with good industrial hygiene and safety practice.9. PHYSICAL AND CHEMICAL PROPERTIESInformation on basic physical and chemical properties Physical stateGas.AppearanceColorless.OdorOdorless.Odor thresholdNo information availablepH Not applicableMelting/freezing point-218.8 °C / -361.8 °FEvaporation rateNot applicableFlammability (solid, gas)See Section 5.Lower flammability limit:Not applicableUpper flammability limit:Not applicableFlash pointNot applicableAutoignition temperatureNo data availableDecomposition temperatureNo data availableOxidizing propertiesOxidizerWater solubilitySlightly solublePartition coefficient0.65Kinematic viscosityNot applicableChemical NameMolecular weightBoilingpoint/rangeVapor PressureVapor density (air=1)Gas Densitykg/m3@20°CCriticalTemperatureOXYGEN31.99-182.9 °CAbove criticaltemperature1.111.331-118.6 °C10. STABILITY AND REACTIVITYReactivity Not reactive under normal conditionsChemical stabilityStable under normal conditions.Explosion data Sensitivity to Mechanical ImpactNone.Sensitivity to Static DischargeNone.Possibility of Hazardous ReactionsMay cause or intensify fire; oxidizer. Will support and accelerate combustion of combustible materials (wood, paper, oil, debris, etc).Conditions to avoidNone under recommended storage and handling conditions (see Section 7)._____________________________________________________________________________________________Page 5 / 9Incompatible materials _____________________________________________________________________________________________LIND-P097 OXYGENRevision Date08-Apr-2020Reducing agents. Combustible material. Organic material. Oil. Grease.Hazardous Decomposition ProductsNone known.11. TOXICOLOGICAL INFORMATIONInformation on likely routes of exposure InhalationSymptoms of overexposure are dizziness, headache, tiredness, nausea, unconsciousness, cessationof breathing.Poisoning began in dogs 36 hours after inhalation of pure oxygen at atmospheric pressure. Distresswas seen within 48 hours and death within 60 hours.Skin contactNo data available.Eye contactThe incompletely developed retinal circulation is more susceptible to toxic levels of oxygen. Inpremature infants, arterial oxygen tension above 150 mm Hg may cause retrolental fibroplasia.Permanent blindness may occur several months later. One case of severe retinal damage in an adultwas reported. An individual suffering from myasthenia gravis developed irreversible retinalatrophy after breathing 80% oxygen for 150 days.IngestionNot an expected route of exposure.Information on toxicological effects SymptomsOxygen is not acutely toxic under normal pressure. Oxygen is more toxic when inhaled at elevatedpressures. Depending upon pressure and duration of exposure, pure oxygen at elevated pressuresmay cause cramps, dizziness, difficulty breathing, convulsions, edema and death.Delayed and immediate effects as well as chronic effects from short and long-term exposure IrritationNot classified.SensitizationNot classified.Germ cell mutagenicityNot classified.CarcinogenicityThis product does not contain any carcinogens or potential carcinogens listed by OSHA, IARC or NTP.Reproductive toxicityNot classified.STOT - single exposureNot classified.STOT - repeated exposureNot classified.Chronic toxicityProlonged inhalation of high oxygen concentrations (>75%) may affect coordination, attention,and cause tiredness of respiratory irritation.Aspiration hazardNot applicable.Numerical measures of toxicity Oral LD50No information available12. ECOLOGICAL INFORMATIONEcotoxicityWill not bioconcentrate.Persistence and degradabilityNot applicable.BioaccumulationWill not bioconcentrate._____________________________________________________________________________________________Page 6 / 9 _____________________________________________________________________________________________LIND-P097 OXYGENRevision Date08-Apr-202013. DISPOSAL CONSIDERATIONSWaste treatment methodsDisposal of wastesDo not attempt to dispose of residual waste or unused quantities. Return in the shipping containerPROPERLY LABELED WITH ANY VALVE OUTLET PLUGS OR CAPS SECURED AND VALVE PROTECTION CAPIN PLACE to Linde for proper disposal.14. TRANSPORT INFORMATIONDOT UN/ID no.UN1072Proper shipping nameOxygen, compressedHazard Class2.2Subsidiary class5.1Special ProvisionsA14, 110DescriptionUN1072, Oxygen, compressed, 2.2 (5.1)Emergency Response Guide Number122TDG UN/ID no.UN1072Proper shipping nameOxygen, compressedHazard Class2.2Subsidiary class5.1DescriptionUN1072, Oxygen, compressed, 2.2 (5.1)IATA UN/ID no.UN1072Proper shipping nameOxygen, compressedHazard Class2.2Subsidiary hazard class5.1ERG Code2XDescriptionUN1072, Oxygen, compressed, 2.2 (5.1)IMDG UN/ID no.UN1072Proper shipping nameOxygen, compressedHazard Class2.2Subsidiary hazard class5.1EmS-No.F-C, S-WSpecial Provisions355DescriptionUN1072, Oxygen, compressed, 2.2 (5.1)15. REGULATORY INFORMATIONInternational Inventories TSCACompliesDSL/NDSLCompliesEINECS/ELINCSCompliesLegend: TSCA - United States Toxic Substances Control Act Section 8(b) InventoryDSL/NDSL - Canadian Domestic Substances List/Non-Domestic Substances ListEINECS/ELINCS - European Inventory of Existing Chemical Substances/European List of Notified Chemical Substances_____________________________________________________________________________________________Page 7 / 9 _____________________________________________________________________________________________LIND-P097 OXYGENRevision Date08-Apr-2020US Federal Regulations SARA 313Section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA). This product does not contain any chemicalswhich are subject to the reporting requirements of the Act and Title 40 of the Code of Federal Regulations, Part 372.SARA 311/312 Hazard CategoriesShould this product meet EPCRA 311/312 reporting criteria at 40 CFR 370, refer to Section 2 of this SDS for appropriate classifications.CERCLAThis material, as supplied, does not contain any substances regulated as hazardous substances under the Comprehensive EnvironmentalResponse Compensation and Liability Act (CERCLA) (40 CFR 302) or the Superfund Amendments and Reauthorization Act (SARA) (40 CFR 355).There may be specific reporting requirements at the local, regional, or state level pertaining to releases of this material.Clean Air Act, Section 112 Hazardous Air Pollutants (HAPs) (see 40 CFR 61) This product does not contain any substances regulated as hazardous air pollutants (HAPS) under Section 112 of the Clean Air Act Amendmentsof 1990.CWA (Clean Water Act)This product does not contain any substances regulated as pollutants pursuant to the Clean Water Act (40 CFR 122.21 and 40 CFR 122.42).Risk and Process Safety Management ProgramsThis material, as supplied, does not contain any regulated substances with specified thresholds under 40 CFR Part 68. This product does notcontain any substances regulated as Highly Hazardous Chemicals pursuant to the 29 CFR Part 1910.110.US State Regulations California Proposition 65This product does not contain any Proposition 65 chemicals.U.S. State Right-to-Know RegulationsChemical NameNew JerseyMassachusettsPennsylvaniaOxygen 7782-44-7X X X16. OTHER INFORMATIONNote: Ratings were assigned in accordance with Compressed Gas Association (CGA) guidelines as published in CGA Pamphlet P-19-2009, CGA RecommendedHazard Ratings for Compressed Gases, 3rd Edition.Issue Date24-Feb-2015Revision Date08-Apr-2020Revision NoteSDS sections updated; 1LIND-P097NFPA Health hazards 0Flammability 0Instability 0_____________________________________________________________________________________________Page 8 / 9 Physical and ChemicalProperties OX
_____________________________________________________________________________________________LIND-P097 OXYGENRevision Date08-Apr-2020General DisclaimerFor terms and conditions, including limitation of liability, please refer to the purchase agreement in effect between Linde LLC, LindeMerchant Production, Inc. or Linde Gas North America LLC (or any of their affiliates and subsidiaries) and the purchaser.DISCLAIMER OF EXPRESSED AND IMPLIED WARRANTIESAlthough reasonable care has been taken in the preparation of this document, we extend no warranties and make no representations asto the accuracy or completeness of the information contained herein, and assume no responsibility regarding the suitability of thisinformation for the user's intended purposes or for the consequences of its use. Each individual should make a determination as to thesuitability of the information for their particular purpose(s).End of Safety Data Sheet _____________________________________________________________________________________________Page 9 / 9 Exhibit E Insurance and Endorsements (including any attachments)

Exhibit F City of Vallejo Business License
From: [email protected]
To: Scott D Eggert
Subject: City of Vallejo - Your Business License Renewal Has Been Received Date: Wednesday, July 13, 2022 12:57:12 PM
ALERT: This is an email from an external organization. Use caution, especially with links and attachments. More
Thank you for submitting your business license renewal online. We are currently processing the license renewal for LINDE, INC. at 10 RIVERVIEW DR, DANBURY, CT, 06810-6268 If you have questions or need assistance, please contact the Business Support Center at (707) 302-6074. Our office is open Monday - Friday, from 8:00 a.m. to 5:00 p.m.

Thank you for doing business in the City of Vallejo!
Best Regards,
City of Vallejo
Business License Support Center
**The one dollar ($1) State Disability Access Education Fee is required for all Business License applications and renewals under California Senate Bill 1186. Under federal and state law, compliance with disability access laws is a serious and significant responsibility that applies to all California building owners and tenants with buildings open to the public. You may obtain information about your legal obligations and how to comply with disability access laws at the following agencies: The Division of the State Architect at www.dgs.ca.gov/dsa/home.aspx The Department of Rehabilitation at www.rehab.cahwnet.gov The California Commission on Disability Access at www.ccda.ca.gov
CHEMICAL SUPPLIES PURCHASE AGREEMENT This Chemical Supplies Purchase Agreement ("Agreement") is made and entered into this 1st day of July, 2022, by and between the City of Vallejo, a municipal corporation ("City"), and USALCO Modesto Plant, LLC, a California Corporation, hereinafter referred to as “Vendor,” who agree as follows: 1. Vendor shall provide City, and deliver to Fleming Hill, Travis, and Green Valley Water Treatment Plants, as required by the Vallejo Municipal Water System, the following: a) Chemical: CC2210 b) Quantity: 410,000 Pounds c) Unit Price: $0.558 d) Chemical Cost: $228,780.00 (Two Hundred Twenty-Eight Thousand Seven Hundred Eighty and Zero Cents) e) Chemical: CC2220 f) Quantity: 15,300 Pounds g) Unit Price: $0.982 h) Chemical Cost: $15,024.50 (Fifteen Thousand Twenty-Four Dollars and Fifty Cents) i) Total Chemical Cost $243,804.60 (Two Hundred Forty-Three Thousand Eight Hundred Four and Sixty Cents) j) Agreement Not to Exceed Amount: $252,500.00 (Two Hundred Fifty-Two Thousand Five Hundred Dollars and Zero Cents) The foregoing quantity(ies) is/are an approximation only, and are the quantities estimated as required by the Water System for the Agreement term. City does not expressly or by implication warrant that the actual quantities ordered during the Agreement term will correspond therewith, and reserves the right to increase or decrease the quantity of chemical ordered, at the bid price, as may be necessary or advisable. 2. Omitted. 3. Omitted. 4. Vendor further agrees that all chemicals and/or materials to be furnished and delivered shall be strictly in accordance with said specifications, except that the City reserves the right to accept material other than that called forth in said specifications provided the Water Director approves in writing such other chemical/material as equal or better prior to Vendor furnishing or delivering the same. 5. Vendor has obtained or agrees to apply, prior to performance under this Agreement, to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Vendor until such business license(s) has been obtained. 6. Vendor shall be fully informed of all Federal, State, County or Municipal laws, statutes, ordinances, codes and regulations which may in any manner apply to or otherwise have effect on the material to be furnished and shall at all times abide by all such rulings, orders and decrees of those agencies, bodies or tribunals having any jurisdiction or authority over the same. 7. City hereby agrees to pay to Vendor, in lawful money of the United States of America, at the time and in accordance with the provisions set forth in said specifications the price(s) set forth above. 8. The term of this Agreement is for Fiscal Year 2022-2023, shall commence upon issuance of purchase order, and shall continue in full force and effect until June 30, 2023. City shall, at its discretion, have the right to extend the term of this Agreement for 90 days by written notice to Vendor. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed September 30, 2023. If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo. 9. The parties hereto shall have the right by mutual consent to extend this Agreement on a month-to-month basis, notwithstanding the termination date specified above herein. Any such agreed extension may include a revision of the unit price herein recited and such revised price shall then prevail over the unit price recited herein for the term of such extension. In the event City desires to extend this Agreement, the Water Director shall so notify the Vendor, who shall promptly accept or reject such extension in writing. 10. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to: If to City: Beth Schoenberger, Water Director City of Vallejo Water Department 202 Fleming Hill Road, Vallejo, CA 94589 If to Vendor: Melanie Rock, Bid & Contract Department Manager USALCO Modesto Plant, LLC 2601 Cannery Avenue, Baltimore, MD 2126 Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section. 11. The City Representative shall administer this Agreement for the City, and routine administrative communications shall be made to the City Representative, or the representative's designee: Joe Abitong, Water Operations Superintendent City of Vallejo Water Department 202 Fleming Hill Road, Vallejo, CA 94589 [email protected] 12. INSURANCE Vendor shall procure and maintain for the duration of the contract all necessary insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Vendor, the Vendor’s agents, representatives, employees or subcontractors. 13. MINIMUM SCOPE OF INSURANCE 1. Insurance shall be at least as broad as: a. Standard Workers’ Compensation & Employer’s Liability Including Occupations Disease Coverage b. Comprehensive General Liability Insurance c. Comprehensive Automobile Liability Insurance d. Umbrella/Excess Liability Coverage e. Broad Form Contractors Pollution Liability Insurance 2. Insurance Services Office form covering Automobile Liability, code 1 (any auto) 3. Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. 14. VENDOR SHALL MAINTAIN LIMITS NO LESS THAN: TYPE OF INSURANCE MINIMUM LIMITS OF LIABILITY Standard Workers' Compensation & Employer's Liability Including Occupations Disease Coverage Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If Vendor is self-insured, provide a certificate of Permission to Self-Insure, signed by the California Department of Industrial Relations and Self-Insurance.

Comprehensive General Liability Insurance
$5,000,000 per occurrence for bodily injury, personal injury, property damage and products and completed operations, product liability, contractor’s pollution liability. If Commercial General Liability Insurance or other form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this product or the minimum required aggregate limit or be twice the required occurrence limit. Policy shall be endorsed to name the City as an additional insured per the conditions detailed below. ISO Form CG 20 10 (1/85) or its equivalent is required.

Comprehensive Automobile Liability Insurance
$5,000,000 per accident for bodily injury and property damage, to include automobile pollution liability. If the Vendor is subject to the Motor Carrier Act of 1980, Automobile Liability Policy must be endorsed to include MCS-90 Endorsement for transportation of hazardous materials/waste/substances. If not, the policy shall be endorsed to include Transportation Pollution Liability Coverage to cover the materials transported by the Vendor. Umbrella/Excess Liability Coverage If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.

Broad Form Contractors Pollution Liability Insurance
Same limits as Commercial General Liability insurance. Time Element Sudden and Accidental coverage and/or any Blended Pollution Endorsements on General Liability and Auto Liability policies and/or Pollution Liability policies will not be accepted. 15. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions must be declared to and approved by Cityy. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Vendor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

16. OTHER INSURANCE PROVISIONS The required general liability and automobile liability policies are to contain, or be endorsed to contain the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Vendor; products and completed operations of the Vendor; premises owned, occupied or used by the Vendor; or automobiles owned, leased, hired or borrowed by the Vendor. The coverage shall contain no special limitations on the scope of protection afforded to the Agencies, its officers, officials, employees, agents or volunteers. 2. For any claims related to this project, the Vendor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Vendor’s insurance and shall not contribute with it and in no way relieves the Vendor from its responsibility to provide insurance. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 4. The Vendor’s insurance shall apply separately to each insured against whom claim is made or suit is brought except, with respect to the limits of the insurer’s liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. 6. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the City. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the City’s Agreement or (2) the full coverage and maximum limits of any insurance proceeds available to the Vendor, whichever is greater. 7. If an umbrella or excess insurance policy is used to satisfy the required limits of insurance, it shall be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance shall be called upon to protect it as a named insured. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII.

Verification of Coverage Vendor shall furnish the Agencies with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by City before work commences. As an alternative to City forms, the Vendor’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by the City. 17. INDEMNIFICATION To the maximum extent permitted by law, the Vendor shall, at its own expense, indemnify, defend with counsel acceptable to City listed on the Standard Agreement for chemical requirements, (which acceptance will not be unreasonably withheld), and hold harmless the City and its officers, officials, employees, agents and volunteers ("Indemnities") from and against any and all liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, claims expenses, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature, whether actual, alleged or threatened, arising out of or in connection with the negligent acts or omissions, or willful misconduct of the Vendor pursuant to the Standard Agreement or the Vendor’s failure to comply with any of the terms of the Standard Agreement. The Vendor shall not be required to indemnify an Indemnitee for the Indemnitee’s own negligence or willful misconduct. The Vendor’s obligation to indemnify, defend and hold harmless under this provision shall not be excused because of the Vendor’s inability to evaluate Liability, or because the Vendor evaluates Liability and determines that the Vendor is not or may not be liable. The Vendor must respond within 30 calendar days to any tender for defense and indemnity by City, unless the time for responding has been extended by an authorized representative of the City in writing. If the Vendor fails to accept tender of defense and indemnity within 30 calendar days, in addition to any other remedies authorized by law, so much of the money due or that may become due the Vendor under the Standard Agreement as shall reasonably be considered necessary by the City may be retained by the City until disposition has been made of the matter subject to tender, or until the Vendor accepts the tender, whichever occurs first. The Vendor waives any and all rights to express or implied indemnity against the Indemnitees concerning any Liability of the Vendor arising out of or in connection with the furnishing of chemicals by the Vendor pursuant to the Standard Agreement or the Vendor’s failure to comply with any of the terms of the Standard Agreement. 18. This Agreement, including all attachments, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.

19. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts. 20. The following Exhibits are attached hereto and incorporated herein by reference: Exhibit A: Price Confirmation Exhibit B: Manufacturer’s Information for Chemical Exhibit C: Insurance and Endorsements (including any attachments) Exhibit D: City of Vallejo Business License [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties. USALCO MODESTO PLANT, LLC a California corporation By: Ken Gayer Chief Executive Officer DATE: Vallejo Business License No. (City Seal) CITY OF VALLEJO, a municipal corporation By: Mike Malone City Manager DATE: ATTEST: By: Dawn Abrahamson City Clerk APPROVED AS TO CONTENT: Beth Schoenberger Water Director APPROVED AS TO FORM: for Veronica A.F. Nebb City Attorney APPROVED AS TO INSURANCE: Armond Sarkis Risk Manager Exhibit A: Price Confirmation

Exhibit B: Manufacturer’s Information for Chemical

CC 2210
Revision: 03/26/21 Page: 1/6

SECTION 1: PRODUCT AND COMPANY IDENTIFICATION
Product identifier
Chemical Name Mixture
CAS No. Mixture
Trade Name CC 2210
Product Code None
Relevant identified uses of the substance or mixture and uses advised against Identified Use(s) Water Treatment Chemical
Uses Advised Against None
Company Identification USALCO Modesto Plant, LLC
2601 Cannery Ave
Baltimore, MD 21226
Telephone (410)-354-0100
Fax (410)-354-1021
E-Mail (competent person) [email protected]
Emergency telephone number
Emergency Phone No. CHEMTREC 24 hr. (800) 424-9300; Not classified as dangerous for transport.

SECTION 2: HAZARDS IDENTIFICATION
Classification of the substance or mixture
OSHA HCS (29 CFR 1910.1200) Not classified as dangerous for supply/use.

Label elements
Hazard Symbol None
Signal word(s) None
Hazard Statement(s) None
Precautionary Statement(s) Avoid contact with skin and eyes.

Wear protective gloves/eye protection.

IF INHALED: Get medical advice/attention if you feel unwell.

IF ON SKIN: Wash with plenty of soap and water. If irritation (redness, rash, blistering) develops, get medical attention.

IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. If irritation develops and persists, get medical attention.

IF SWALLOWED: Call a POISON CENTER or doctor/physician if you feel unwell.

Other hazards None

SAFETY DATA SHEET
OSHA HCS (29 CFR 1910.1200)

CC 2210
Revision: 03/26/21 Page: 2/6

SECTION 3: COMPOSITION/INFORMATION ON INGREDIENTS

Hazardous Ingredient(s) % wt.* CAS No. Hazard classification Aluminum Chlorohydrate 40 - 50 12042-91-0 Not classified as dangerous for supply/use.

Proprietary Compound 10 Trade Secret Aquatic Acute 3; H402 Aquatic Chronic 3; H412
Water 40 - 50 7732-18-5 Not classified as dangerous for supply/use.

Additional Information - Substances in the product which may present a health or environmental hazard, or which have been assigned occupational exposure limits, are detailed below: None
SECTION 4: FIRST AID MEASURES

Description of first aid measures
Inhalation Get medical advice/attention if you feel unwell.

Skin Contact Wash affected skin with soap and water. If irritation (redness, rash, blistering) develops, get medical attention.

Eye Contact Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. If irritation develops and persists, get medical attention.

Ingestion Call a POISON CENTER or doctor/physician if you feel unwell.

Most important symptoms and effects, both acute and
delayed
None
Indication of any immediate medical attention and
special treatment needed
IF SWALLOWED: Immediately call a POISON CENTER or
doctor/physician.

SECTION 5: FIRE-FIGHTING MEASURES
Extinguishing Media
-Suitable Extinguishing Media Non-combustible. As appropriate for surrounding fire. -Unsuitable Extinguishing Media None anticipated.

Special hazards arising from the substance or
mixture
Combustion or thermal decomposition will evolve toxic and irritant vapours.

Advice for fire-fighters A self contained breathing apparatus and suitable protective clothing should be worn in fire conditions. Keep containers cool by spraying with water if exposed to fire.

SECTION 6: ACCIDENTAL RELEASE MEASURES
Personal precautions, protective equipment and
emergency procedures
Avoid contact with skin and eyes. Wear protective gloves/eye protection.

Environmental precautions Prevent liquid entering sewers, basements and work pits. Avoid release to the environment.

CC 2210
Revision: 03/26/21 Page: 3/6

Methods and material for containment and cleaning up Cover spills with inert absorbent material. Transfer to a container for disposal or recovery.

Reference to other sections None
Additional Information None
SECTION 7: HANDLING AND STORAGE
Precautions for safe handling Avoid contact with skin and eyes.

Conditions for safe storage, including any incompatibilities -Storage temperature Keep in a cool, well ventilated place. Store at temperatures not exceeding 50°C / 122 °F. Protect from sunlight.
-Incompatible materials This product should be stored away from sources of strong heat, oxidizing chemicals,and reducing agents.

Specific end use(s) Water Treatment Chemical
SECTION 8: EXPOSURE CONTROLS/PERSONAL PROTECTION
Occupational Exposure Limits

SUBSTANCE. CAS No.
(8hr TWA) (STEL)
Note:

PEL
(OSHA)
TLV
(ACGIH)
PEL
(OSHA)
TLV
(ACGIH)
Aluminum Chlorohydrate, as Al 12042-91-0 15 mg/m3 (T)
5 mg/m3 (R) 1 mg/m3 (R) ----- ----- -----
- (T) Total Particulate; (R) Respirable Particulate
Recommended monitoring method NIOSH 7013 (Aluminum and compounds, as Al) Exposure controls
Appropriate engineering controls Not normally required.

Personal protection equipment
Eye/face protection

Wear protective eyewear (goggles, face shield, or safety glasses).

Skin protection (Hand protection/ Other)

Wear suitable gloves if prolonged skin contact is likely. Check with protective equipment manufacturer's data.

Respiratory protection

Normally no personal respiratory protection is necessary. In case of insufficient ventilation, wear suitable respiratory equipment. Check with protective equipment manufacturer's data.

Thermal hazards Not normally required. Use gloves with insulation for thermal protection, when needed.

Environmental Exposure Controls Avoid release to the environment.

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SECTION 9: PHYSICAL AND CHEMICAL PROPERTIES
Information on basic physical and chemical properties
Appearance Liquid
Color. Almost colourless to pale yellow
Odor None
Odor Threshold (ppm) Not available
pH (Value) 4.0 - 4.5
Melting Point (°C) / Freezing Point (°C) - 6.6 (20 °F)
Boiling point/boiling range (°C): 100 °C (212 °F)
Flash Point (°C) Non-combustible
Evaporation Rate Similar to water
Flammability (solid, gas) Not applicable
Explosive Limit Ranges Non-combustible
Vapor pressure (Pascal) Similar to water
Vapor Density (Air=1) Similar to water
Density (g/ml) 1.25 - 1.34
Solubility (Water) Miscible
Solubility (Other) Not available
Partition Coefficient (n-Octanol/water) Not available
Auto Ignition Point (°C) Non-combustible
Decomposition Temperature (°C) Not available
Kinematic Viscosity (cSt) Similar to water
Explosive properties Not explosive
Oxidizing properties Not oxidising
Other information Not available
SECTION 10: STABILITY AND REACTIVITY
Reactivity Stable under normal conditions.

Chemical stability Stable.

Possibility of hazardous reactions None anticipated.

Conditions to avoid Incompatible materials.

Incompatible materials Substances that react with water or aluminum.

Hazardous decomposition product(s) None anticipated.

SECTION 11: TOXICOLOGICAL INFORMATION
Exposure routes: Inhalation, Skin Contact, Eye Contact
Aluminum Chlorohydrate (CAS No. 12042-91-0):

Acute toxicity Oral LD50 = 9187 mg/kg (Rat)
Dermal LD0 = >2000 mg/kg (Rat)
Irritation / Corrosivity Unlikely to cause eye irritation. Unlikely to cause skin irritation.

Sensitisation It is not a skin sensitiser.

Repeated dose toxicity Not to be expected.

Carcinogenicity It is unlikely to present a carcinogenic hazard to man.

NTP IARC ACGIH OSHA NIOSH
No. No. No. No. No.

Mutagenicity Negative
Toxicity for reproduction Negative

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Reproductive toxicity Not to be expected
Other information None known.

SECTION 12: ECOLOGICAL INFORMATION
Ecotoxicity
Proprietary Compound (CAS No. Trade Secret):

Short term LC50 (96 hr): 10 - 100 mg/l (Danio rerio)
EC50 (48 hour): 38 mg/L (Daphnia magna)
Long Term Not available.

Persistence and degradability Not readily biodegradable.

Bioaccumulative potential The product has no potential for bioaccumulation.

Mobility in soil Not available.

Results of PBT and vPvB assessment Not classified as PBT or vPvB.

Other adverse effects Not available.

SECTION 13: DISPOSAL CONSIDERATIONS
Waste treatment methods Disposal should be in accordance with local, state or national legislation. Consult an accredited waste disposal contractor or the local authority for advice.

SECTION 14: TRANSPORT INFORMATION

U.S. DOT Sea transport
(IMDG)
Air transport
(ICAO/IATA)
UN number
Not classified as dangerous for transport. Proper Shipping Name Transport hazard class(es)
Packing group
Environmental hazards
Special precautions for user
Transport in bulk according to Annex II of MARPOL73/78 and the IBC Code: Not applicable SECTION 15: REGULATORY INFORMATION
Safety, health and environmental regulations/legislation specific for the substance or mixture:

TSCA (Toxic Substance Control Act) - Inventory Status: All components listed or polymer exempt.

Designated Hazardous Substances and Reportable Quantities (40 CFR 302.4):

Chemical Name CAS No. Typical %wt. RQ (Pounds)
None ----- ----- -----
SARA 311/312 - Hazard Categories: None
Fire Sudden Release Reactivity Immediate (acute) Chronic (delayed) SARA 313 - Toxic Chemicals (40 CFR 372):

Chemical Name CAS No. Typical %wt.

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None ----- -----
SARA 302 - Extremely Hazardous Substances (40 CFR 355):

Chemical Name CAS No. Typical %wt. TPQ (pounds)
None ---- ---- ----
California Proposition 65 List:

Chemical Name CAS No. Type of Toxicity
None ----- -----
SECTION 16: OTHER INFORMATION
The following sections contain revisions or new statements: 1-16.

Date of preparation: May 19, 2015
Hazard Statement(s) and Risk Phrases Listed in: SECTION 2:/ SECTION 3:

Hazard Statement(s)
- H402: Harmful to aquatic life.
- H412: Harmful to aquatic life with long lasting effects.

Training advice: None.

Disclaimer: We believe the statements, technical information and recommendations contained herein are reliable, but they are given without warranty or guarantee of any kind. The information contained in this document applies to this specific material as supplied. It may not be valid for this material if it is used in combination with any other materials. It is the user’s responsibility to satisfy oneself as to the suitability and completeness of this information for the user’s own particular use.

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SECTION 1: PRODUCT AND COMPANY IDENTIFICATION
Product identifier
Chemical Name Mixture
CAS No. Mixture
Trade Name CC 2220
Product Code None
Relevant identified uses of the substance or mixture and uses advised against Identified Use(s) Water Treatment Chemical
Uses Advised Against None
Company Identification USALCO Modesto Plant, LLC
2601 Cannery Ave
Baltimore, MD 21226
Telephone (410)-354-0100
Fax (410)-354-1021
E-Mail (competent person) [email protected]
Emergency telephone number
Emergency Phone No. CHEMTREC 24 hr. (800) 424-9300; Not classified as dangerous for transport.

SECTION 2: HAZARDS IDENTIFICATION
Classification of the substance or mixture
OSHA HCS (29 CFR 1910.1200) Not classified as dangerous for supply/use.

Label elements
Hazard Symbol None
Signal word(s) None
Hazard Statement(s) None
Precautionary Statement(s) Avoid contact with skin and eyes.

Wear protective gloves/eye protection.

IF INHALED: Get medical advice/attention if you feel unwell.

IF ON SKIN: Wash with plenty of soap and water. If irritation (redness, rash, blistering) develops, get medical attention.

IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. If irritation develops and persists, get medical attention.

IF SWALLOWED: Call a POISON CENTER or doctor/physician if you feel unwell.

Other hazards None

SAFETY DATA SHEET
OSHA HCS (29 CFR 1910.1200)

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SECTION 3: COMPOSITION/INFORMATION ON INGREDIENTS

Hazardous Ingredient(s) % wt.* CAS No. Hazard classification Aluminum Chlorohydrate 35 - 45 12042-91-0 Not classified as dangerous for supply/use.

Proprietary Compound 20 Trade Secret Aquatic Acute 3; H402 Aquatic Chronic 3; H412
Water 35 - 45 7732-18-5 Not classified as dangerous for supply/use.