HomeMy WebLinkAboutOpening of Bids - Water Treatment Chemicals 2019-2020 - Kemira Water Solutions IncBID/PROPOSAL
CITY OF SOUTH BEND
BID NAME Water Treatment Chemicals 2019-2020
FOR BIDS DUE April IT23, 2019 ;IT9:30 a.m., Local Time
Item
No.
Est. Qty.
Item
Units
Unit Price
Total
1
150
Chlorine -1 Ton Cylinders
Ton
$ ~----�
$ NO 1°11i1:1
2
150
Chlorine -150 Lb. Cylinder
Cyl
$ - -
$ NO�II;1IInC,
3
P0O'o
0
Ferric Chloride
Gal.
4
260
Fluorisilicic Acid - 23%
Ton
$ -
$
HQ mr)
5
7,500
Potassium Permanganate - 55 Lb. Pails
Lbs.
$ _--._...
$ NO 11l[')
6
22,500
Blended Phosphate Sequestrant
Lbs,
$
$ NO IIV:3IllD
7
20
Solar Salt
Ton
$
$ 040 I J rI '
8
100
Sulfur Dioxide -1 Ton Cylinders
Ton
$
$ NO fi11)
9
40,000
Dry PolymerFlocculent - 50 / 55 Lb.
Lbs,
_
No BID
Polyethylene Ba
$
$
10
25,000
Liquid Calcium Nitrate
Gal,
$ ------- ----
$NNO Cfllllln.)
11
72,000
Sodium Hypochlorite -12.5%
Gal.
$ NO RV
Sodium Permanganate
Gal,
12
1100
275 Gallon Totes
$
$ INK) B11°1:
Sodium Permanganate
Gal.
13
1100
500-500 Gallon Bulk
$__
$ all 1bll'''
14
1100
Struvite Remover 275 Gallon Totes
Gal.
$ _ _ __.
$ NO HIT)
11
TOTAL
$ 10-1, 100, D-)
Bidder (Firm): Kemira
Address: 4�32� in- . -_... Ice.
49 _.._.a.a. .
City/State/Zip:
(76 6-22
Telephone Number: S IT$m ; - t ° Fax Number.
By.........
(Signature)
Christina M.Imbr no
(Printed Name)
�jornrnercllal Support Manager
(Title)
BOARD OF PUBLIC WORKS
Gary A. Gilot, President Therese J. Dorau, Member
Suzanna M. Fritzberg, Member Elizabeth A. Maradik, Member
__._.._. __...._........... _.__
Laura O'Sullivan, Member Attest: Linda M. Martin, Clerk
CITY OF SOUTH BEND INDIAN,A
SELLER'S BID FOR SALE OR LEASE OF MATERIALS
BID NAME Wd�ater Treatment Chemicals 2019 2020
FOR BIDS DUE WApater
23, 2019; 9 30AM Local Time
Bidder m
Date: I I (Firm): C.
�rinir� Water �®IutlOrlS Irl....._.
Address: 4321 W1 g6liI
City/State/Zip. Telephone Number
Agent of Bidder (if Applicable):
Wien the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit.
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT,
CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT
ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT AND
CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY
PRODUCTS
(Must be completed for all quotes and bids. Please type or print)
STATE OF.-, Ka v�_Sa_s )
) SS:
t4�. _ ....._ COUNTY )
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury
that:
1. Contractor has not, nor has any other member, representative, or agent of the firm,
company, corporation or partnership represented by him, entered into any combination,
collusion or agreement with any person relative to the price to be bid by anyone at such
letting nor to prevent any person from bidding nor to induce anyone to refrain from
bidding, and that this bid is made without reference to any other bid and without any
agreement, understanding or combination with any other person in reference to such
bidding. Contractor further says that no person or persons, firms, or corporation has, have
or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on
account of such sale; and
2. Contractor certifies by submission of this proposal that neither contractor nor any
of its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency; and
3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in
investment activities in Iran.
a. For purposes of this Certification, "Iran" means the government of Iran and any agency
or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as
amended from time -to -time.
b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor
is engaged in investment activities in Iran if either:
i. Contractor, its successor or its affiliate, provides goods or services of twenty
million dollars ($20,000,000) or more in value in the energy sector of Iran;
or
ii. Contractor, its successor or its affiliate, is a financial institution that extends
twenty million dollars ($20,000,000) or more in credit to another person for
forty-five (45) days or more, if that person will (i) use the credit to provides
goods and services in the energy sector in Iran; and (ii) at the time the
financial institution extends credit, is a person identified on list published by
the Indiana Department of Administration.
4. Contractor does not knowingly employ or contract with an unauthorized alien, nor
retain any employee or contract with a person that the Contractor subsequently learns is an
unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work
eligibility status of all of Contractor's newly hired employees through the E-Verify
Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and
participation in the E-Verify Program is included and attached as part of this bid/quote;
and
5. Contractor shall require his/her/its subcontractors performing work under this
public contract to certify that the subcontractors do not knowingly employ or contract with
an unauthorized alien, nor retain any employee or contract with a person that the
subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has
enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain
this certification throughout the term of the contract with the City of South Bend, and
understands that the City may terminate the contract for default if the Contractor fails to
cure a breach of this provision no later than thirty (30) days after being notified by the
City.
6. Persons, partnerships, corporations, associations, or joint venturers awarded a
contract by the City of South Bend through its agencies, boards, or commissions shall not
discriminate against any employee or applicant for employment in the performance of a
City contract with respect to hire, tenure, terms, conditions, or privileges of employment,
or any matter directly or indirectly related to employment because of race, sex, religion,
color, national origin, ancestry, age, gender expression, gender identity, sexual orientation
or disability that does not affect that person's ability to perform the work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment,
materials, or any combination of the foregoing including, but not limited to, public works
contracts awarded under public bidding laws or other contracts in which public bids are
not required by law, the City, its agencies, boards, or commissions may consider the
Contractor's good faith efforts to obtain participation by those Contractors certified by the
State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise
("WBE") as a factor in determining the lowest, responsible, responsive bidder.
In no event shall persons or entities seeking the award of a City contract be required to
award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against
said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE
Utilization Board shall prohibit that person or entity from being awarded a City contract
for a period of one (1) year from the date of such determination, and such determination
may also be grounds for terminating the contact for which the discriminatory practice or
noncompliance pertains.
7. The undersigned contractor agrees that the following nondiscrimination
commitment shall be made a part of any contract which it may henceforth enter into with
the City of South Bend, Indiana or any of its agencies, boards or commissions.
Contractor agrees not to discriminate against or intimidate any employee or applicant for
employment in the performance of this contract with privileges of employment, or any
matter directly or indirectly related to employment, because of race, religion, color, sex,
gender expression, gender identity, sexual orientation, handicap, national origin or
ancestry. Breach of this provision may be regarded as material breach of contract.
I, the undersigned bidder or agent as contractor on a public works project, understand my
statutory obligations to the use of steel products or foundry products made in the United
States (1.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for
this project will use steel products or foundry products made in the United States on this
project if awarded. I understand I have an affirmative duty to notify the City in my bid that
my proposal does not include the use of steel products or foundry products made in the
United States. I understand it is my sole obligation and responsibility to provide a
justification to the City, subject to review and approval, why the cost of United States made
steel or foundry products is unreasonable. Prior to award and upon submission of bid
which does not use steel products or foundry products made in the United States, the City,
through its director of public works, shall make a determination if the price of United States
made steel or foundry is unreasonable. I understand that violations hereunder may result
in forfeiture of contractual payments.
I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid
for public works are true and correct.
Dated this (lay of � 20 m
Kemira Water Solutions,
ConrtBM r (Firm)
Signature ... .� ....._.. .____......�.
gn of Contractor/Bidder or Its Agent
Christina M. Im rogno Gomrnrrpi N SUpport Manager
Printed Name and Title
Subscribed and swornto before me this (Pair of 1mm , 20
My Commission Expires
()t;hr .PubbIic
County of Residence
Marsha K Copeland
Notary Public State of Kansas
My Apt Expires
(To be completed only by Contractors/Bidders claiming to be a "local Indiana business" pursuant to 1. C. 36-1-12-22)
INDIANA LOCAL BUSINESS PREFERENCE CLAIM
A "local Indiana business" refers to any of the following:
(1) A business whose principal place of business is located in an affected county.
(2) A business that pays a majority of its payroll (in dollar volume) to residents of affected counties.
(3) A business that employs residents of affected counties as a majority of its employees.
(4) A business that makes significant capital investments in the affected counties as defined in rules adopted by the
political subdivision.
(5) A business that has a substantial positive economic impact on the affected counties as defined by criteria in rules
adopted by the political subdivision.
An "affected county" refers to St. Joseph County, Indiana, or the following counties located adjacent to St. Joseph
County. Elkhart County, Marshall County, Starke County and LaPorte County
There are the following price preferences for supplies purchased from a local Indiana business:
• 5% for a purchase expected by the purchasing agency to be less than $50, 000
• 3% for a purchase expected by the purchasing agency to beat least $50, 000 but less than $100, 000.
• 1 % for a OurLlaase erected ley the p urchasing agency to beat least $100, 000.
Date:
Pursuant to I.C. 36-1-12-22, claims a local Indiana business
preference for Project (Project # ) located within the City of
South Bend, St. Joseph County, Indiana.
❑ The location of the principal place of business is
(Address)
❑ St. Joseph County, Indiana
❑ The following county located adjacent to St. Joseph County, Indiana:
❑ The majority of the business's payroll for the 12 months prior to the date of this Bid is to residents of St.
Joseph County, Indiana or the adjacent county noted above.
❑ The majority of the business's employees for the 12 months prior to the date of this Bid are residents of St.
Joseph County, Indiana, or the adjacent county noted above.
If the business is deemed to be the apparent lowest, responsible, responsive bidder, then it shall provide
supporting documentation for the 12 month period prior to the date of the Bid of (i) the total payroll amount
paid to all employees of the business, and (ii) the total payroll amount paid to employees who are residents
of St. Joseph County and the adjacent county noted above.
WHEN SUPPLYING SUPPORTING PAYROLL RECORDS,
BIDDER SHALL REDACT ALL SOCIAL SECURITY NUMBERS.
Dated this day of 20_
Contractor/Bidder (Firm)
N ( Signature of Contractor/Bidder
or Its Agent
Printed Name and Title
ORIGINAL
NOTICE TO BIDDERS
Notice is hereby given that the City of South Bend, Indiana, will receive sealed bids at the Office of the
Board of Public Works, Ste. 1316, County -City Building, 227 West Jefferson Blvd., South Bend,
Indiana, until the hour of 9:30AM. Local Time, on April 23, 2019, for the following:
Water Treatment Chemicals 2019-2020
Specifications are available for download by visiting the City of South Bend's web page at
www.sotNthbendin.:
X Click on "I'm Looking For"
X Click on "Doing Business in South Bend"
X Click on "City Contracts — Invitations to Bid"
X Click on the "Required Link" to register your company. You must register to receive
addenda and updates to the specific bid you are interested in. Failure to do so
could render your bid non -responsive to the specifications.
There is no charge for the specifications. The specifications are also available for review only during
regular working hours in the Department of Public Works, Ste. 1316, County -City Building, 227 W.
Jefferson Blvd., South Bend, Indiana 46601.
Bids received after 9:30AM, Local Time, on April 23, 2019, will be returned unopened.
Bids must be on the City of South Bend Bid/Proposal form provided, which includes a Non -Debarment
Affidavit, Non -Discrimination Commitment form, and a Non -Collusion Affidavit Form. Certified Check or Bid
Bond in the amount of not less than 10% must be submitted with the bid. A refund of the bid security will
be issued upon satisfaction of Bid Award.
The Board reserves the right to reject any or all bids or to accept a full or partial award of the bid or bids
which, in its judgment, will be to the best interests of the City of South Bend. If the Board elects to award
the base bid plus an alternate(s), the Board will look at the totality of the cost when determining the
lowest, most responsible bid.
The Board may reject any bid that does not conform to these requirements as non -responsive.
BOARD OF PUBLIC WORKS
Linda M. Martin, Clerk
Publish two times
March 29„ 2019
April 5„ 2019
0712412018
(yfPrll� � I� yd. 4
SPECIFICATIONS��
CITY OF SOUTH BEND
BID NAME Water Treatment Chemicals 2019-2020
.............
......................�_..................._.........................._.. _ _.
FOR BIDS DUE April 23, 2019; 9:30 AM, Local Time
Pursuant to notices given, the undersigned offers bid(s) to the City of South Bend in accordance with the
following attachment(s) which specify the class or item number or description, quantity, unit, unit price
BLENDED PHOSPHATE SEQUESTRANT CORROSION INHIBITOR ....., ... ............ 5
CHLORINE SPECIFICATIONS..................................................................................................................................................1
DRY POLYMER FLOCCULENT................................................................................................................................................ 8
FERRICCHLORIDE..............................................................................................................................2
FLUORISILICIC ACID...,..... ..................... ........ ......... ........ ,
LIQUID CALCIUM NITRATE 66%.......... ........... ................ ,. ..,......... ......... ........... 9
POTASSIUM PERMANGANATE...............................................................................................................................................4
SALTSPECIFICATION................................................................................................................................................................6
SODIUMHYPOCHLORITE 12.5%..........................................................................................................................................10
SODIUM PERMANGANATE..................................................................................................................11
STRUVITE REMOVER/PREVENTATIVE................................................................................................12
SULFUR DIOXIDE ... ......... .......... ......... .......... 7
FOR ALL C14EMI CALS
Por• security Purposes vendors shall curnfirin via fax ar copy of the delivery driver's license, truck and trailer
information along with the anticipated .steal f,irne ofarr ivatl not later than hours prior to at -rival. Failure to do so
will be cause for rejection ofmaterial, no billable time will be accepted.
Water Works facility deliveries are to be made on normal work days between 7:00 a.m. and 11:00 a.m. with unloading to be
completed before 1: 00 p. m, Waste Water facility deliveries are to be made between the hours of 6: 00 AM and 4: 00 PMMonday
through Friday.
No stop -off or fuel surcharges allowed; however, demurrage charges will be allowed after 2 hours
per stop. All deliveries are F.O.B. Delivery Point.
Awards of this bid will be divisible by product. Awards will be based on the lowest responsive
and responsible bidder per unit prices on the attached schedule.
All prices quoted are to be effective May 1, 2019 through April 30, 2020 (One Year). Prices are
to be firm throughout that period without increases.
Quantities are estimated and not guaranteed. The City reserves the right to exceed the estimate at
the price quoted here in.
I. CHLORINE SPECIFICATIONS
INCLUDE BOTH 150# AND TON CYLINDERS
A. GENERAL
1. Only containers which currently are authorized by regulation for chlorine,
which have been inspected and reconditioned as described herein, and which
have been tested within the period required by regulations should be filled. It
is illegal to ship chlorine containers that have peen filled by or without the
consent of the owner.
2. Due to the volatile nature of this chemical, the chlorine provider must be able
to have one (1) accredited Safety and Handling of Chlorine class per year for
South Bend Personnel.
Chlorine quotes should be deposit -free. No cylinder deposit should be
included in the quote.
.___- ........
Boiling Point
_. .............. �...._.__.....
29 29°F 04.0509
Critical Density..._.......
.
35.77 lb./cu. ft.
Critical Pressure _..
1118 4 sia 76.1 Atmos
_...............- _ __ ......-_....-
Critical Tem erature
291 .20.. (144.0C.)
..____._.._._p
Critical Volume
0.02796 cu. ft./lb.
Latent Heat of Va orization
P _ _ _. .._...._
123 7 Btu./lb.
...... lb (cBoilm oinp t
Liquid Gas Relationship:
1 volume liquid chlorine = wt. at
457.6 volumes of chlorine, 825 @
standard conditions
..._ ......
Meltin ,,Point
�
_ -100 98
149.76 F ( °C �) mmmmwwwww
Specific Gravity -mDry Gas
2.482
Specific Gravitymmm.-Liquid
1.468 0
B. CHLORINE 150 POUND CYLINDERS
1. Construction
a) All cylinders must be compatible with Chlorine Institute Emergency Kit "A". All
kit devices must be useable on any cylinder in chlorine service. The maximum
neck ring diameter that will accommodate an "A" hood is 4-314 inches.
2. Cylinder Types
a) Chlorine cylinders must comply with DOT specs, 3A480, 3AA480, 25, 3, 3BN480
or 3E1800. The regulations permit only one opening in chlorine cylinders - at
the top for the valve connection.
3. Cylinder Styles
a) Cylinders maybe of three styles: footring, bumped bottom, or double bottom.
4. Cylinder Threads
a) The threads in new cylinders are NGT threads 3/4-14NGT(CI).
5. Chlorine Ton Containers
a) All ton containers must be compatible with Chlorine Institute Emergency Kit "B".
6. Ton Container Types
a) Chlorine ton container types must comply with DOT spec. 106A500X, DOT or
ICC 106A500, 27, BE27.
b) Ton Container Valve and Fuse Plug Opening Threads
c) The threads in new ton containers are 314-14NGT (CI).
7. Valve Protection
a) The cylinder and ton container valves are protected during shipment and storage
by a removable steel valve protective housing or cap. Pressure relief devices
shall not be covered by the housing.
8. Cylinder and Ton Container Capacity
a) In cases where the capacity of a chlorine container is not known, it can be
determined by weighing it empty and again when completely filled with water,
and by multiplying the weight of water at 60OF by 1.25. This is the maximum
allowable weight of chlorine allowed in the cylinder or ton container.
C. STAMPING
1. Cylinder Stamping
a) When manufactured, cylinders are stamped with DOT specification number,
serial number, and owners and/or builders identifying symbols as well as
inspector's official mark and initial test date [DOT Section 173.34(c)] of 49CFR.
2. Ton Container Stamping
a) When manufactured, ton containers are stamped with DOT specification number,
material, serial number, inspector's official mark, name, mark or initials of
company for whose use the tank is made, (or builder's symbol and serial
number), date of test, and water capacity [DOT Section 179.300-18]. Tare
weights may be stamped by builder. Changes in stamping must be made in
compliance with DOT Section 173.31(d) or 49CFR.
3. Retest Stamping
a) Retested cylinders [DOT 49 CFR, Section 173.34 (e)(6)J and ton containers
[DOT 49 CFR, Section 173.31(d) (7)J must be stamped to show date of retest.
For cylinders, the stamp must include the test facility's certification number in a
prescribed pattern. Ton containers do not require the test facility's number on
the container.
4. Tare -Weight Stamping
a) It is recommended that all new chlorine cylinders and ton containers be stamped
with the original tare weight by the container manufacturer.
D. VALVES
1. Cylinders
a) Chlorine cylinders are to have a single chlorine Teflon style valve produced by
Sherwood or Tekno which is equipped with a fusible metal plug -type relief
device. This is a must comply safety requirement.
2. Ton Container Valves
a) Chlorine ton containers are to have two identical Teflon style valves produced by
Sherwood or Tekno near the center of one head. This is a must comply safety
requirement. When vertically aligned, the valve in the upper position is used for
gas withdrawal, and the lower one for liquid withdrawal. The standard ton
container valve is identical to the cylinder valve except that it has no fusible
metal type relief device, and the valve seat diameter may be larger than on most
cylinder valves. There are tow sizes of ton container valves: 314 inch NGT and I
inch NGT.
3. Valve Outlet Threads
a) Outlet threads on cylinder and ton containers• are special straight threads
(1, 030"-14NGO-RH-EXT) which conform to connection number CGA 820 and
B20C which utilize a yoke -type connection. These threads are to accommodate
the outlet cap only and are not to be used for chlorine hose connections.
E. PRESSURE RELIEF DEVICES
1. Cylinders
a) The relief device on chlorine cylinders is a fusible metal plug in the cylinder
valve located below the valve seat. The fusible metal is cast into an 'Alloy "B" or
Alloy "A" holder which is screwed into a tapped hole in the valve body. The
fusible plugs are designed to melt between 158 degrees F and 165 degrees F.
2. Ton Containers
a) Ton container valves contain no fusible plugs. The container itself is equipped
with six threaded fusible plugs, three in each head, spaced approximately 1200
apart.
3. Ton Container and Cylinder Inspection, Cleaning, and Reconditioning
a) In addition to the required period retest, it is recommended that each ton
container and cylinder be internally and externally inspected prior to each
filling. This includes all appurtenances, such as valves and fusible plugs.
Criteria for such inspection is outlined in "Cylinder and Ton container
Procedure for Chlorine Packaging, " Chlorine Institute Pamphlet 17, Sections 3,
4, and 5.
R PERIODIC RETESTING AND RE -INSPECTION
1. Cylinder and Ton Containers to be Tested
a) Cylinders (except DOT 3E 1800) and ton containers must be retested at least
once in five years (DOT Section 173.34e and Section 173.31 d).
b) Cylinders cannot be filled until they are retested after the five year anniversary
of the month in which it was tested. Ton containers can be filled until the end of
the calendar year during which their five year test is due.
c) Retests are also required after any reheat treatment. In addition, retest any
container which shows evidence of weakness at any time, or show a S percent or
more loss in weight.
2. Test Procedure
a) Cylinders and ton containers are hydrostatically retested by the hydrostatic
expansion method [DOT Section 173.34 (a) and Section 173.31 (d)J. If at the
time of requalification a container shows a leak or a permanent expansion which
exceeds 10% of the total expansion, it must be condemned.
3. Container Records
a) Records must be kept showing results of the test. Each container must have the
test date plainly and permanently stamped into the metal of one head or the
chime of each task passing the hydrostatic retest.
G. CONDITIONS OF DELIVERY
1. A South Bend Water Works representative shall specify the location for
chlorine cylinder and ton container deliveries.
2. Delivery Locations:
_....Location
finer
T'Pewof Conta.
...........
......
Address
North Station
.......
2 000 lb Ton Container _
. 830 North Michi anmStreet
Carriage Hills
150wlb. wCnder
52290 Shenandoah Drive
Erskine
150 lb. Cylinder
y
4116 South Fellows Street
South
2,000 lb. Ton Container
__�___.._....__......_w
3600 South Main Street
Cleveland South
150 lb. Cylinder
�.--...
4900 Cleveland Road
Cleveland North
150 lb. Cylindee www
4949 Cleveland Road
Waste Water
2,000 lb. Ton Container
1 3113 Riverside Drive
Vendor personnel shall conduct all activities related to the loading and
unloading of cylinders.
4. Ton containers will need to be delivered with a cherry picker.
5. Minimum deliveries are one (1) ton containers and twelve (12) 150#
cylinders.
6. Supplier must be able to guarantee delivery within 3 to 4 calendar days after
order placement
7. Vendor personnel shall not unload any filled cylinders or ton containers prior
to live inspection by South Bend Water Works Personnel.
8. Vendor personnel shall assist South Bend personnel in the visual inspection of
each cylinder or ton container for:
a) External damage or defect
b) Proper installation of valve protection housing or caps
c) Visual inspection of valves and fusible plugs
i) All old wire from previous hung tags are to be removed prior to delivery
ii) All fusible plugs should be defect free (no pits or holes )
d.) Determination of markings of retest and recertification
i. Motor vehicles used to ship ton containers shall be properly equipped with lift
equipment suitable for handling containers to any point where the container is
to be loaded upon or unloaded from the vehicle.
1. Cylinders containing chlorine shall be securely lashed in
an upright position, loaded into racks securely attached
to the motor vehicle, or packed in boxes or crates of
such dimensions as to prevent their overturning.
E.) FERRIC CHLORIDE
A. GENERAL
b. DELIVERY
i. Normal concentration percent by Weight; 33-35%
ii. Specific Gravity: 0.33
i. Full truck deliveries (4500 gallons) to the Ferric feed
facility Plant located at; 3113 Riverside Drive, South Bend,
IN 46628
F.) FLUO ISILICIC ACID
VIONIU6►_ ,
i. The Fluorisilicic Acid supplied under these specifications shall be clean and
free of visible suspended matter and shall not contain more than 0.020 percent
of the "heavy metals", mercury, lead, bismuth and copper expressed as lead
(Pb); and shall contain no soluble mineral or organic substances in quantities
capable of a deleterious or injurious effect upon the health of those consuming
water that has been treated properly with fluorsilicic acid.
ii. Product to meet the latest AWWA standard for Fluorisilicic Acid (13703).
iii. Price is to be based on a 23% solution.
iv. Bidders shall quote price per pound.
B. DELIVERY
The vendor shall deliver bulk fluoride to the following well locations in the
quantities as specified by a representative of the South Bend Water Works.
ii. 23% Fluorisilicic Acid delivered in tank truckloads.
iii. Deliveries are estimated at thirteen (13) tank trucks with two to four stop -offs
per 20,000 lb. load.
iv. No stop -off or fuel surcharges allowed however, demurrage charges will be
allowed after 2 hours per stop.
V. Suppliers must furnish own unloading hose at least 40 feet in length with
proper couplings to hook onto two male N.P.T., and must blow off hose to
bulk tank at each stop.
vi. City will not accept delivery of more than 10% over the order quantity.
vii. Delivery Locations:
Location
Bulk Tank
�._
Address
North Station
1600 allons
_...
830 North Michigan Street
Carriage Hills
60 gallons
52290 Shenandoah Drive
_
Edison
1350 gallons
__.. .I
2708 Rockne Drive
Erskine
60 gallons
4116 South Fellows Street
South
600 gallonsmmm
3600 South Main Street
Cleveland South
1100 gallons
g_.
4900 Cleveland Road
Cleveland North
600gallons
_ mmm�
4949 Cleveland Road
Pinhook
900 gallons
3801 Riverside Drive
Olive
mm 1750 gallons
_
915 South Olive Street
G.)POTASSIUM PERMANGANATE
A. MATERIAL
i. Free Flowing Grade Potassium Permanganate shall meet the requirements of
AWWA Specification 603-98 and shall be manufactured domestically and
certified suitable for use in public water supply by appropriate state and
federal agencies.
B. DELIVERY
The potassium permanganate shall be delivered in 55 pound pails made of 24-
gauge steel or plastic and shall be equipped with a handle.
1. The pails shall remain the property of the South Bend
Water Works.
2. The pails shall be unloaded and neatly stacked at the
pumping stations.
ii. Deliveries will be ordered on an as needed basis with each delivery consisting
of approximately 8 to 16 (55 Lb.) pails.
iii. Deliveries must be made within 5 days of placement of the order.
iv. Vendor shall deliver pails to the following site:
1. Water Works North Station — 830 North Michigan Street
H.) BLENDED PIJOSPHATE SE UEST'RANT CORROSION INHIBITOR
A. STANDARDS
i. Product shall be a minimum of 85% sodium pyrophosphate.
ii. The remaining ingredient(s) shall also be sodium phosphate material(s).
Product must already be listed in the latest National Sanitation Foundation
(NSF) Standard 60 directory.
iii. The percent phosphate as PO4 must be disclosed and by Indiana law, be
marked on the outside of the container.
B. TECHNICAL ASSISTANCE
The successful vendor giving a quote must also provide on -site technical
assistance to the Authority for an eight hour day per month for the first six
months of product usage.
ii. After the first 6 months of on -site technical assistance, the Authority will
request further on -site technical assistance on an as needed basis.
iii. The vendor shall provide a per visit cost in their quote for the additional site
visits.
iv. Each visit will be one workday (Monday through Friday only), from 7:00 a.m.
to 3:30 p.m. EST.
V. Vendor must submit the name(s) and resume(s) of the technical representative
that will perform the on -site assistance with your quote submittal.
vi. The technical representative shall be an employee or certified representative
of the vendor and have a minimum of three years of experience in the
application of blended phosphate sequestering products in municipal water
supply and be available Monday through Friday from 7:00 a.m. to 3:30 p.m.
EST to answer questions which may arise in applying their product.
C. REQUIREMENTS
i. A list of two municipal references within a one hundred mile radius of South
Bend using the product for a minimum of one year.
ii. Each reference must include the name of the municipality, the
superintendent's name, and phone number.
iii. A one pint sample must be submitted with bid for analysis.
iv. During the contract period, additional sampling and analysis will be made.
V. Contract can be nullified if testing indicates unauthorized changes have been
made to product.
vi. Samples of product being used by references may also be sampled.
vii. Evaluation
viii. Testing
ix. Other evaluation:
X. Certified Analysis
1. Sample product analysis
2. Reference interview and possible sample analysis
3. Verification of ingredients.
1. The City reserves the right to submit samples of the
polyphosphate product to an independent laboratory of
the City's choice for chemical, biological, and physical
analysis and testing.
2. Any product which, in the City's opinion, contains
hazardous or deleterious substance or fails to comply
with these specifications will be disqualified.
3. The cost of this analysis and testing will be incurred by
the vendor with the understanding that a maximum of
ten samples per year will be submitted.
4. Guaranteed minimum available phosphate percentage
as PO4 is to be Eighty Percent (80%).
1. List of data that confirms products effect on (a) copper,
(b) sequestration
2. List of data that confirms company' experience in other
cities and technical support.
1. The supplier shall provide a certified chemical analysis
of a polyphosphate product sample taken from the
production facility from which he proposes to supply the
City of South Bend.
2. He shall further certify analysis to be representative of
the product he proposes to provide the City.
xi. Performance Requirements
When applied at a rate yielding not more than four (4)
parts of polyphosphate as PO4 to each part of iron and
manganese, the product shall be capable of holding iron
and manganese in solution for no fewer than five (5)
days at seventy (70) degrees Fahrenheit in the presence
of one-half milligram per liter (0.5 mg/1) free chlorine
residual and for no less than twenty-four (24) hours at
140 degree F.
2. The City reserves the right to run performance tests once
a month.
3. Any product which, in the City's opinion, does not meet
the specified performance requirements or fails to
comply with the specifications will be disqualified.
D. COVERAGE
i. These specifications cover blends of phosphate compounds used to stabilize or
sequester soluble iron and manganese in potable water.
E. PHYSICAL FORM
i. Product shall be a granular form. Powdered material will not be accepted.
F, PHYSICAL STANDARDS
i. Phosphate blend shall comply with the following physical requirements:
1. Color: White
2. Solubility: Completely miscible in water
3. Percent Phosphate as PO4 Minimum of 80%
4. Physical Form: Granular
G. CHEMICAL STANDARDS
i. Phosphate blend shall contain only NSP approved phosphorous ingredients.
ii. No amines or other chelating agents shall be used.
iii. Blended phosphate product formulation shall be only sodium salts of
phosphate compounds.
iv. No potassium salts shall be used.
V. Impurities in polyphosphate products shall not exceed the following
concentrations:
vi. In addition to the above standards, polyphosphate products shall contain no
substance, for which the Indiana Pollution Control Board has established a
limit in potable water, in a concentration exceeding the limit established for
potable water.
H. PACKAGING & DELIVERY
i. Product shall be shipped in 50 pound bags and stored locally.
ii. Deliveries are to be made within two to three days of notice.
iii. Vender will be required to deliver product weekly or as needed to each well
field in order to maintain specified stock levels.
iv. Weekly delivery receipts will be issued.
V. Delivery sites are as follows:
Location
Address
Carria e Hills
.
52290 Shenando ah Drive
Erskine
4116 South Fellows Street
South
3600 South Main Street
Cleveland South
mmCleveland
4900 Cleveland Road
North
4949 Cleveland Road
I.) SOL R SAII SPEC".IF.IC.A ION
A. GENERAL
The salt will be used to prepare a saturated brine solution which will be used
as a chloride source for the on -site hypochlorite generator.
ii. Bids will be all inclusive.
iii. Solar salt/Purex manufactured by Morton Salt (or equal) shall be supplied in
bulk deliveries and blown into the brine saturator tank using the supplier's
truck -mounted blower.
iv. The existing brine saturator tank has the capacity to receive 25-ton bulk
deliveries.
V. Equipment such as hoses with the 4" quick disconnect shall be provided with
salt delivery by the provider.
vi. Off-loading truck air pressure shall not exceed 10 p.s.i. for every salt delivery,
B. PRODUCT
i. Salt for sodium hypochlorite generation
ii. To ensure proper operation of the on -site hypochlorite generator, solar salt
shall meet or exceed the following quality parameters:
Description
�p '
Percent
Maximum/
_
Minimum
Water Insoluble
0.01 /o
maximum
Calcium Nitrate
0.14%
maximum
Magnesium Sulfate
0.026;
maximum
�.a nest um Chloride
..... 0..1 %
maximum
Sodium Chloride
99.82/
minimum
NaCl Wet .LL
93.3%
minimum
NaCl Dr mm
96.3%
minimum..
Moisture (as H2O)
—
w 3%
maximum
Lead
.......... �...._........
0.0007%
_..
maximum
Co er _
0.0003%
maximum
Iron (as Fe
0 002%
maximum
Fluoride
0.01 %
m
maximum
iii. Sodium Chloride content shall be determined per the AWWA B200-03
standard or per ASTM Standard Methods.
iv. Salt shall be certified to ANSI/NSF Standard 60 when the sodium
hypochlorite solution produced by the electrolytic generator will be used for
disinfection of drinking water.
v, Salt shall contain no anti -caking or free -flowing additives or conditioners.
vi. Salt shall be medium, coarse or extra coarse grade with a minimum bulk
density of 60 IWO to avoid use of gravel bed in brine saturator tank.
C. PHYSICAL PROPERTIES
i. Purex or Equal
1. The pour (loose) hulk density shall he]. 15-1.25 g1ml
(72-78 Ift1ji").
2. Production shall he unscreened, receiving a coarse
scalping of 10-14mesh. 772e mean e7yval sizeshall he
290-430 um.
3. The mean surface area of the crystals shall be 65-98 cm.
sq1g.
4. Sodium Chloride content shall be detentihiedper the
A WWA 13200- 03 standard or pet-ASTUStandard
Methods.
5. Morton's Purex or equal shall be certified to ANSI/NSF
Standard 60 when the sodium hypochlorite solution
produced by the eleclrolylk,• generator will be used for
difi'0?41ion of drinking water,
6 iWorton's Purex or equal shall Contain no anti -caking or
five-
flowhig additives or conditioners,
D. DELIVERY LOCATIONS:
i. Olive GAC Building, 915 S. Olive Street, South Bend, IN
A. PROPERTIES
ilin Bog Point
-10°C
Color _
Colorlessmmm
Specific Gravity
_..' QQfj.
1.363
'--- _,.
Critical Temp.
........................
314.82°F
Critical Pressure
__...............
1141.5 PSIA
B. USAGE
Estimated annual usage is 100 tons, more or less, to be delivered in 2,000 lb
containers of liquid SOz in truckload lots of 10 containers.
C. DELIVERY
i. Supplier must be able to guarantee delivery of 10 tons (20,000 lbs) within five
(5) calendar days from release of requirement.
ii. Material to be delivered F.O.B.
iii. No freight surcharges allowed.
iv. Billing must be submitted on a CWT unit basis.
V. Delivery Location: Waste Water Treatment Plant located at 3113 Riverside
Drive, South Bend, Indiana 46628.
K.)DRY POLYMER FLOCCULENT
A. GENERAL
i. The purpose of this specification is to outline minimum acceptable properties
of a polymer at the Bureau of Waste Water in the treatment process.
ii. Quantity of the polymer stated in this specification is intended as an estimated
usage during a 12 month period rather than an absolute quantity.
iii. Polymer is considered a performance product and must meet certain standards
due to compliance related issues on the NPDES Permit.
iv. Any supplier that has not been previously approved must perform bench
testing on any polymer bid to prove the product will meet the standards
necessary to ensure permit compliance.
V. When samples are required, such samples shall be delivered or shipped at the
vendor's expense to the following name and address: Nancy Clay, 3113
Riverside Dr. South Bend, IN 46628.
vi. Samples must be clearly labeled with your company's name, address, and
(item number).
vii. All samples must be representative of the item bid.
viii. All samples will become the property of the City of South Bend, and will not
be returned.
B. PROPERTIES
i. Products will be a high molecular weight cationic polyelectrolyte, supplied as
a micro -bead or in granular form.
ii. The product must be completely non -dusting, free flowing and completely
soluble in water with a very rapid dissolving rate.
iii. Typical Properties
Bulk Density _ 50 lbs -percubicft.�
Particle Size 95% less than 1 mm
mmpHITof 1% SolutionIT- 3.5 - 4.S IT-IT—ITITITm
C. PACKAGING/DELIVERY
Packaging to be in 50 — 55 lb polyethylene bags.
ii. Must be able to guarantee delivery of 9,000 lbs within 14 calendar days after
order placement.
iii. Prices must be submitted in cost per pound with freight included.
iv. Material to be delivered F.O.B. the Waste Water Treatment plant located at
3113 Riverside Drive, South Bend, IN. 46628.
1 1 1 •i 1 �# , ,
A. GENERAL
i. The estimated annual usage of Liquid Calcium Nitrate (66%) is 45,000
gallons, more or less.
ii. Supplier must be able to guarantee delivery of 4,000 to 5,200 gallons within
five (5) calendar days after order placement.
B. TYPICAL PROPERTIES
Concentrations:
- ..........
Ca(NOz
_.._.......
46 34%
Ca(NO3)2_•_4H20
... ...........
66 5%
Ca
Mn ppm) ..
Less than 1
S ecific Gravity
1.454 /g ml at 20°C
H:
6.00 at 20°C
C. DELIVERY
i. Full truck load quantities are to be approximately 3,5.00 gallons
ii. Delivery will be to two separate remote locations. Geyer Ditch GPS location
41.69565,-86.40614. Sage Road GPS location 41,71024,-86.41629.
iii. Remote locations are accessed via a combination lock. Delivery requests will
include the combination lock if City personnel will not be on -site during
deliveries. If City personnel will be on -site the combination will be omitted
from the manifest.
iv. Prices must be submitted in cost per gallon with freight included.
M.) SODIUM HYPOCHLORITE 12.5%
FREINK67102MM,
The estimated annual usage of Sodium Hypochlorite is 72,000 gallons more or less.
ii. The City owns multiple 2,550+ gallon tanks for the storage of Sodium Hypochlorite 12.5%.
iii. These tanks come equipped with all necessary fittings and outlets, as well as secondary
containment for increased safety.
iv. Supplier must have necessary hoses and connectors to connect to a 2 inch quick disconnect
fitting.
V. Product delivered to a Water Filtration Facility must meet the required ANSI/NSF Standard
60.
vi. No stop -off fees or surcharges allowed however, demurrage charges will be allowed after 2
hours per stop
B. TYPICAL PROPERTIES
.....................
Concentrations
Sodium Hypochlorite
..
12.5%
Specific Gravity _
......
1.1964
PH..��._ ......_._
12.5 to 13.5
Molecular Weight
74.44
Boiling Point
>212°F
Freezin Point
-11°F
C. DELIVERY
i. Supplier must be able to guarantee delivery of 1,800 to 4,500 gallons within 3 to 4 calendar
days after order placement.
ii. Full truck load quantities of approximately 1,800 to 4,500 gallons are to be delivered, F.O.B.
to:
a.) Waste Water Treatment Plant, 3113 Riverside Drive, South Bend, IN. 46628.
b.) Pinhook Filtration Plant, 2801 Riverside Drive, South Bend, IN 46628.
c.) Edison Filtration Plant, 2708 Rockne Drive, South Bend, IN 46615.
d.) Olive GAC Building, 915 S. Olive Street, South Bend, IN 46613.
3.) Prices must be submitted in cost per gallon with freight included.
n.) S IDIIJM PERMANGANATE
a. G"�E�IL:
i. The bid will be for two separate line items for the same product (20%
Liquid Sodium Permanganate)
ii. One line item will be for deliveries of 275-gallon totes.
iii. The other will be for deliveries between 500 and 550 gallon increments.
b. TYPICAL PROPERTIES
i. Product shall be bulk 20% (by weight) +/- 0.5% liquid sodium
permanganate (NaMnO4).
ii. 20% Liquid Sodium Permanganate shall be produced domestically with in
the United States.
iii. Product shall meet or exceed ANSI/AWWA standard B603-03 or
subsequent revisions.
iv. Product shall be listed by the NSF as being in full compliance with NSF
Standard No. 60 for Drinking Water Treatment Chemicals — Health
Effects.
C. DELIVERY
1. All deliveries shall be made within 48 hours of the request to the following address: 2801
Riverside Drive, South Bend IN 46628.
2. The product is to be delivered in clean containers/tanks and is free of contamination.
Contamination of stock shall render the contractor liable for disposal of contaminated material,
cleanup of storage facilities and full replacement of stock at the Supplier's expense.
3. All deliveries shall be made on weekdays (excluding holidays) between the hours 7:00 AM
and 11:00 AM
4. The off-loading of the 275-gallon totes containing sodium permanganate from the delivery
vehicle to the City's storage location will be performed by pressurizing the container to our point
of delivery or by transfer pump.
5. Deliveries must be coordinated with the City. The Identity of the driver must be made known
by fax or email 24 hr. prior to delivery. The delivery vehicle operator must call the City contact
no less than one hour prior to delivery.
6. The Contractor and shipper shall be responsible for all health, safety, and costs associated with
the transportation of the product to the Pinhook WTP. 2801 Riverside Drive 46628.
7. The City reserves the right to reject any delivery which does not conform to these
specifications or which has been contaminated.
A. GENERAL
i. The purpose of this specification is to outline minimum acceptable properties of a struvite
remover/preventative at the Bureau of Waste Water in the treatment process.
ii. Quantity of the product stated in this specification is intended as an estimated usage during a
12 month period rather than an absolute quantity.
B. PROPERTIES
i. The product must be non -toxic and require no additional PPE to handle and/or maintain.
ii. Vendor shall supply (at no charge) and maintain (at no charge) all chemical feed pumps,
spray bars, spray nozzles and injection equipment (where applicable).
iii. Product must have a minimum dilution rate of 40,000:..
iv. Vendor must have a minimum of five (5) installations with five (5) years of proven process
application of struvite removal and prevention.
V. Product must be manufactured and distributed solely from the U.S.A.
vi. Typical Properties
................................._ .
Flammability µ None
............. .........__.........__ __..w..__-Neutral
_._.�I?H_............................_._........ ..................Miscible
C. PACKAGING/DELIVERY
Packaging to be in 275 gallon totes.
ii. Must be able to guarantee delivery of 275 gallons within 10 calendar days after order
placement.
iii. Material to be delivered F.O.B. the Waste Water Treatment plant located at 3113 Riverside
Drive, South Bend, IN. 46628.
CITY OF SOUTH BEND itil,
INSTRUCTIONS TO BIDDERS "
BID FORMS AND EXECUTION
A. Bidders are expected to examine the Drawings, Specifications, Proposal and all Instructions.
Failure to do so will be at the Bidder's risk.
B. Each Bidder shall furnish all information required by the Notice, Instructions to Bidders and
Specifications. Bids must be made on the form provided. The Bidder shall sign the Proposal
and Non -Collusion Affidavit, which is a part of the provided form, where indicated, provide a
notary signature and provide all other information required.
C. The Bidder shall sign the Proposal in the following manner: If the Proposal is made by an
individual, his/her name and post office address must be shown. If made by a partnership or
joint venture, the name and post office address of each member of the partnership or joint
venture must be shown. If made by a corporation, the Proposal must be signed by an officer
of the corporation or by a representative duly authorized by the corporation to execute the
Proposal in its behalf.
2. SEALED BIDS ONLY
A. Bids, Proposals, Guaranty, and other required documents must be submitted in a sealed
envelope marked on the outside with the general classification of material bids, i.e. "Bid for
Computer Equipment," "Bid for Front End Loader," or "Bid for Office Supplies."
B. When samples are required, such samples shall be delivered or shipped at the bidder's
expense to the address specified in the Invitation to Bid. Samples must be shipped
separately from bid documents and labeled clearly with the Bidder's name, address and the
commodity or equipment classifications and documents, the item (and item number, if any),
and Material Safety Data Sheets (if applicable). All samples must be representative of the
commodities or equipment which will be supplied by the successful Bidder. All samples will
become the property of the City of South Bend and none will be returned, unless otherwise
stated in the Specifications.
C. In the event of an inconsistency between provisions of the contract documents, the
inconsistency shall be resolved by giving precedence in the following order:
ORDER OF PRECEDENCE
A. Bid Form attached Proposal
B. Amendments to Specifications
C. Specifications
D. Special Provision
E. Instructions to Bidders
F. Notice to Bidders
DELIVERY OF BIDS
A. Bids must be delivered to the Office of the Board of Public Works, 13t" Floor, County -City
Building, Room 1316, 227 West Jefferson Boulevard, South Bend, Indiana 46601 (574) 235-
9251, by the time specified (local time) in the Notice to Bidders. If not delivered personally,
the sealed envelope containing the Bid must be mailed to the following address:
City of South Bend
Clerk of the Board of Public Works
1316 County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
B. The Post Office Department will be considered agent of the Bidder in delivering the bid. The
City will not be responsible for deliveries. Any Bids received after the time specified will
be returned unopened.
C. Bids will be opened and read publicly at the time and place designated in the Notice to
Bidders. Bidders, their authorized agents, and the public are invited to be present.
D. Bidders may bid on one (1) or more item, provided however, that the bid submitted for each is
delivered in a separate„ sealed envelope, with the envelope clearly labeled on the outside
as to the specific item for which the bid is being submitted. Bidders may submit separate bid
bonds for each item being bid upon OR may submit one (1) bid bond equal to 10% of the
combined total of all bids submitted. A Bidder who wishes to bid on multiple chemicals may
submit one (1) total bid with pricing listed for each chemical which the Bidder intends to bid
on. There is no need for a Bidder to submit a separate and unique bid for each chemical
E. The Board may reject any bid that does not conform to these requirements as non-
responsive.
5. ADDENDA — NO VERBAL INTERPRETATIONS
A. No inquiries by Bidders relative to interpretation of Plans, Specifications, Special Provisions,
or other Bidding Documents will be answered verbally. If any prospective Bidder is unable or
unwilling to comply with one or more requirements of the bidding document, such Bidder
should so inform the Board of Public Works in writing. Upon receipt of such information,
consideration will be given to the advisability of issuing an Addendum which would thereupon
become applicable to all Bidders. Any such inquiry must be submitted at least seven (7) days
prior to the bid opening date in order to give the Board sufficient time to consider any
necessary Addendum. All answers to such inquiries, in the form of Addenda, will be furnished
to all prospective Bidders who have registered with the City. All Bidders are required to
acknowledge receipt of any Addenda by inserting the Addendum number and the issuing date
on executed Proposals.
REJECTION OF PROPOSALS CONTAINING ALTERATION ERASURES INCOMPLETE
BIDS AND ETC.
A. Proposals shall be rejected if they show any alteration of form, additions not called for,
conditional or alternate bids (except when and insofar as are invited), incomplete bids,
erasures or irregularities of any kinds.
B. All blank spaces for bid prices must be filled in, in ink, with the unit price and total price for
each item (This does not apply to divisible bids). In case of incorrect totaling of amounts and
where the unit price and the extension thereof do not agree, the unit price for each item shall
govern, and the City is authorized to correct all erroneous extension and totals for the purpose
of comparing bids.
TRADE DISCOUNTS
A. Trade discounts shall not be shown separately, but shall be incorporated in the Bidder's unit
price, unless otherwise specified.
VEHICLE BIDS
A. Bidders may bid on one (1) or more vehicles, provided however, that the bid submitted for
each vehicle is delivered in a separate, sealed envelope, by vehicle, with the envelope clearly
labeled on Bidders may bid on one (1) or more vehicles, provided however, that the bid
submitted for each vehicle is delivered in a separate, sealed envelope, by vehicle, with the
envelope clearly labeled on the outside as to the specific vehicle for which the bid is being
submitted. Bidders may submit separate bid bonds for each vehicle being bid upon OR may
submit one (1) bid bond equal to 10% of the combined total of all vehicle bids submitted.
The Board may reject any bid that does not conform to these requirements as non-
responsive.
10. TAX EXEMPTIONS
A. The City of South Bend is exempt from the payment of federal excise and transportation taxes
levied under the provision of the Internal Revenue Code. It is also exempt from the Indiana
State Gross Retail Tax (sales tax). The City will furnish the successful Bidder with any
certificate of exemption required.
11. WITHDRAWAL OF BIDS
A. Withdrawal of bids will be allowed only in those cases in which a written request to withdraw a
bid is received by the Board of Public Works prior to the date and hour for receiving and
opening bids. In such cases, the same will be returned to Bidder unopened.
12. ESCALATOR OR CONTINGENT CLAUSES
A. The use of escalator clauses or other contingent clauses by the Bidder is prohibited, unless
requested or permitted by the Invitation to Bid. No Proposal shall contain nor be
accompanied by any writing purporting to limit or qualify the City's right to accept such
Proposal or purporting to alter such Proposal or any Contract which may be executed
pursuant thereto.
13, PRICES MUST BE DELIVERED PRICES
A. The bid price shall be a delivered price. All materials shall be shipped F.O.B. destination as
specified in the Invitation to Bid. No fuel surcharges accepted.
14� AWARD —WAIVER OF TECHNICALITIES
A. The Award of Bid, if any award be made, will be made within sixty (60) calendar days after the
opening of Proposals to the lowest responsible and responsive Bidder who's Proposal
complies with all the requirements prescribed, exclusive of technicalities waived. Until the
final award of the Bid, however, the right is reserved by the City to reject any and all
Proposals and to waive technical errors.
15. SPLITTING OF AWARDS/DIVISIBLE BIDS
A. Bids will be awarded on the basis of the total dollar amount for all items in the Proposal unless
the bid is described by the City as a Divisible Bid. The City may award a Divisible Bid to the
lowest responsible and responsive Bidder for each item or class of items as indicated in the
bid documents.
16. BIDDER QUALIFICATION
A. The City may require any Bidder to submit evidence of qualifications, and may consider any
evidence of the financial, technical, and other qualifications and abilities of the Bidder. The
City will not award a Contract to a Bidder who, in its opinion, is not fully qualified on the basis
of financial resources and responsibility, possession of adequate equipment, personnel,
experience, and past record of performance to perform the obligations to be undertaken
competently and without delay.
IT PURCHASE ORDERS
A. A Purchase Order will be issued to the successful Bidder after formal acceptance of the bid is
made by the City.
I& NEW MANUFACTURE
A. Unless otherwise specified in the Invitation to Bid, the items offered shall all be new and the
latest model of manufacture.
19. SOURCE OF SUPPLY
A. If the Bidder is not a manufacturer, the source of supply must be shown and all sub-
contractors must be identified.
20. PACKAGING
A. All items shall be delivered strongly packed and marked according to accepted commercial
practice unless otherwise directed in the Specifications. No charge shall be made for
containers and the City shall have no obligation to return containers unless otherwise
provided by the Specifications or Special Provisions. Any items not received in good
condition will be rejected.
21. INSPECTION OF GOODS
A. The City of South Bend reserves the right to inspect and have any goods tested after delivery
for compliance with the specifications. Notice of latent defects, which would make the item
unfit for the purposes for which they are required, may be given at any time within one year
after discovery of the defects.
B. All items rejected must be removed immediately by the Contractor at the expense of the
Contractor. If the Contractor fails or refuses to remove the rejected items, they may be sold
by the City of South Bend.
C. The above provision shall not be construed in limitations of any rights the City may have
under any laws including the Uniform Commercial Code.
22. ASSIGNMENTS
A. No person to whom a Contract has been awarded may assign his interest in the Contract
without the consent, in writing, of the City.
23. CANCELLATION
A. The City of South Bend reserves the right to cancel any Contract for failure or refusal of
performance, fraud, deceit, misrepresentation, collusion, conspiracy, or any other misconduct
on the part of the Contractor.
24. DEDUCTION OF DAMAGES
A. If the City cancels the contract for any cause, it shall deduct from whatever is owed the
Contractor on the Contract or any other Contract, any amount sufficient to compensate the
City for any damages suffered by it because of the Contractor's wrongdoing.
25. METHOD OF INVOICING FOR PAYMENT
A. Contractor shall bill the City of South Bend
1. On regular invoice form giving a complete and detailed description of the goods delivered,
including purchase order number.
2. If the Contractor allows a discount, the period of time in which the City must make
payment to qualify for the discounts shall be computed from the date the City received the
invoice (completely filled out), or the date the goods are delivered and accepted,
whichever may be later, and shall not be less than twenty (20) days.
3. If more than one shipment is made under the Contract and on the same purchase order,
the City will make partial payments on a basis that is agreeable to both parties.
26. OWNERSHIP OF GOODS
A. The goods which are the subject of the Contract shall remain property of the Contractor until
delivered to and accepted by the City of South Bend.
27, ESTIMATED QUANTITIES
A. If the quantity set forth in the Notice to Bidders and Proposal is approximate and represents
the estimated requirements of the City for a specified period of time, the unit price and the
extended total price thereof shall be used only as a basis for the evaluation of bids. The
actual quantities necessary may be more or less than the estimate, but the City shall neither
be obligated nor limited to any specific amount. The City will, if at all possible, restrict
increases to twenty percent (20%) of the estimated quantity and will, if at all possible, restrict
decreases to twenty percent (20%) of the estimated quantity.
28, TERM "OR EQUAL"
A. Where the term "OR EQUAL" is used in these Specifications, the Bidder deviating from
specified item shall file with his/her bid a letter fully explaining and justifying his/her proposed
article or equal. The City of South Bend shall be the sole judge in determining if the "OR
EQUAL" offered meets the Specifications.
29, INDEMNIFICATION CLAUSE
A. The Contractor agrees to indemnify, defend, and hold harmless the City of South Bend, its
agents, officers, and employees from all costs, losses, claims and suits, including court costs,
attorney fees, and other expenses, arising from or out of the negligent performance of this
Contract by the Bidder or because or arising out of any defect in the goods, materials or
equipment supplied by the Bidder.
NOTE: Incoming mail does not reach the Board of Public Works until after 9:30 a.m. If
you are sending your bid via Federal Express or another overnight source,
please confirm that your package will arrive before the bid opening time and
date.
Document A31 O TM - 2010
Conforms with The American Institute of Architects AIA Document 310
Bid Bond
CONTRACTOR: SURETY:
(Mmrre, legal slalris acid address) (Name, legal slalrrs nrtd prirrcipuf place r�hresbtesti)
Kemira Water Solutions, Inc, Fidelity and Deposit Company of Maryland
This document has important
4321 West 6th 1299 Zurich Way, 5th Floor legal consequences. Consultation
Lawrence, KS 66049 Schaumburg, IL 60196-1056 with an attorney is encouraged
with respect to its completion or
OWNER: modification,
fXanre, legal sralrrs and adefress) Any singular reference to
City of South Bend Contractor, Surety, Owner or
other party shall be considered
227 West Jefferson plural where applicable.
South Bend, IN 46601
BOND AMOUNT: $ 10% Ten Percent of Amount Bid
PROJECT:
fXanre, localio►i or addre4 and Project nfunber, if to{tj
Water Treatment Chemicals 2019-2020
The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surcty bind
themselves, their heirs, executors, administrators, sacccssors and assigns, jointly and severally, as provided herein. The conditions of this
Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or %Athin such time period
as ntay be agreed to by the Otviicr and Contractor, and 1ho Contractor either (I ) enters into a contract with the Owner in accordance with
the ternis of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Doctntictits, with a surety admitted in
the jurisdiction of the Project and otherwise acceptable to the Owncr, for the faithful performance ofsucli Contract and for the prompt
payment of labor and material furnished in the prosecution thereof; or (2) pays to lite Owner the difference, not to exceed the aniount of
this Bond, between the amount specified in said bid and such larger aniount for which the Owner may in good faith contract with another
party to peribmi the work covered by said bid, then this obligation shall be null and void, ollienvise to remain in lull force and eilect. The
Surety hereby waives any notice of an agreement between Lite Owner and Contractor to extend the time in which ilie Owner may accept the
bid. Waiver ol'nolice by the Surely %hall not apply to any extension exceeding sixty (60) days in the aggregate beyond the little for
acceptance of bids %peci fled in the bid documents, and lie Oimier and Contractor shall obtain (he Surely�'s consent lbr an extension beyond
sixty (610) days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor, the tern Contractor in this Bond shall be deemed to be
Subcontractor and the teen Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a %talutory or other legal requirement in rite location of the Project any provision in
this Bond conflicting \With said statutory or legal requirement %hall be deemed deleted herefrom and provisions conforning to such
statutory or outer legal requirement shall be deemed incorporated herein. When so rumished, the intent is that this Bond shall be construed
as a statutory bond and not as a common late bond.
Signed and scaled this 23rd day of April, 2019
,
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S-00541AS 8110
Kemira Water Solutions, Inc.
(PrPrmci lj (Seal)
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Fidelity and Deposit Company of Maryland
(.Srrrery} (.SeerT)
By.
(1l1 e S ephens Gr gs f rney-in-Fact
Surety Phone No. 847-605-6000
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by
Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are
set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute,
and appoint Debra J. SCARBOROUGH, Megan L. BURNS -HASTY, Christy M. BRAILE, Mary T. FLANIGAN, Laura M.
BUHRMESTER, Charissa D. LECUYER, Rebecca S. LEAL, C. Stephens GRIGGS and Tahitia M. FRY, all of Kansas City,
Missouri, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and
deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as
binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the
regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly
elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the
regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their
own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 18th day of December, A.D. 2018.
By: Robert D. Murray
Vice President
7
By: Dawn E Brown
Secretary
State of Maryland
County of Baltimore
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
On this 18th day of December, A.D. 2018, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.
Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of
the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations,
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and ,year first above written.
yph GbMP pd rvya
arc
Constance A, Dunn, Notary Public
F
My Commission Expires: July 9, 2019
p�fM Au 9'l &kWWM+r
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Allonicys iij-l"act. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time.
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this zsm day of April ....................................�� �7 ..�°.1s.............•
� 1
Michael C. Fay Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
�w��rwwr.rel°r��o-t�1t"'No-x�o-tt��c�er:tto- o�,lro��smc;c�a�t
800-626-4577
KEMIRA WATER SOLUTIONS, INC.
CERTIFICATE OF THE ASSISTANT SECRETARY
November 20, 2017
The undersigned, Adisty Wilson, hereby certifies that she is the duly elected, qualified and
acting Assistant Secretary of Kemira Water Solutions, Inc., a Delaware corporation (the
"Corporation"), and the undersigned hereby further certifies that:
1. Attached hereto as Exhibitµ A is a true and correct copy of the resolutions adopted by the
Board of Directors of the Corporation by Written Consent in Lieu of an Annual Meeting, dated
June 1, 2017, which resolutions have not been in any way amended, modified, revoked or
rescinded since their adoption and remain in full force and effect as of the date hereof.
2. Attached hereto as Exhibit B is a true and correct copy of the resolutions adopted by the
Board of Directors of the Corporation by Written Consent in Lieu of a Special Meeting, dated
September 19, 2017, which resolutions have not been in any way amended, modified, revoked or
rescinded since their adoption and remain in full force and effect as of the date hereof.
IN WITNESS WHEREOF, the undersigned has executed this Certificate of the Assistant
Secretary as of the date first written above.
Adistyy- W" son
Assistant Secretary
EXHIBIT A
Written onsent of the Board of Directors .in Lieg of an Annual ele�
dated June 1 2017
FURTHER RESOLVED, that Melanie Lefebvre ("Lefebvre"), Christina Imbrogno
("Imbrogno") and Tammy Yergey ("Yergey"), as authorized persons, are hereby authorized,
empowered and directed, by and on behalf of the Corporation to execute and deliver in the name
and on behalf of the Corporation product bids and product contracts for the sale of inorganic
coagulants for the Industry and Water Segment, excluding industrial customers for oil and gas
applications.
A-1
Written Consent of the Board ofDirectors in Lieu oC" ae�al � e�ti
dated September 19 2017
FURTHER RESOLVED, that Gayla Walker ("Walker") and Claudine Ouellet
("Ouellel"), as authorized persons, are hereby authorized, empowered and directed, by and on
behalf of the Corporation to execute and deliver in the name and on behalf of the Corporation
product bids and product contracts for the sale of inorganic coagulants for the Industry and
Water Segment, excluding industrial customers for oil and gas applications.
E—Vermify.
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Company ID Number: 221827
THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
MEMORANDUM OF UNDERSTANDING
ARTICLE I
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the
Department of Homeland Security (DHS) and Kemira Chemicals Inc. (Employer) regarding
the Employer's participation in the Employment Eligibility Verification Program (E-Verify). This
MOU explains certain features of the E-Verify program and enumerates specific responsibilities
of DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that
electronically confirms an employee's eligibility to work in the United States after completion of
the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E-
Verify is used to verify the employment eligibility of all newly hired employees and all existing
employees assigned to Federal contracts.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as
amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal
contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility
Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as
a "Federal contractor") to verify the employment eligibility of certain employees working on
Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended.
ARTICLE II
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF SSA
1. SSA agrees to provide the Employer with available information that allows the Employer
to confirm the accuracy of Social Security Numbers provided by all employees verified under
this MOU and the employment authorization of U.S. citizens.
2. SSA agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E-Verify program. SSA
agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA
representatives to be contacted during the E-Verify process.
3. SSA agrees to safeguard the information provided by the Employer through the E-Verify
program procedures, and to limit access to such information, as is appropriate by law, to
individuals responsible for the verification of Social Security Numbers and for evaluation of the
E-Verify program or such other persons or entities who may be authorized by SSA as governed
by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA
regulations (20 CFR Part 401).
Page 1 of 131E-Verify MOU for Employerl Revision Date 10/29/08 t- ^ „ %. 1 � , '' o! u
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4. SSA agrees to provide a means of automated verification that is designed (in
conjunction with DHS's automated system if necessary) to provide confirmation or tentative
nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days
of the initial inquiry.
5. SSA agrees to provide a means of secondary verification (including updating SSA
records as may be necessary) for employees who contest SSA tentative nonconfirmations that
is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment
eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal
Government work days of the date of referral to SSA, unless SSA determines that more than 10
days may be necessary. In such cases, SSA will provide additional verification instructions.
B. RESPONSIBILITIES OF DHS
1. After SSA verifies the accuracy of SSA records for aliens through E-Verify, DHS agrees
to provide the Employer access to selected data from DHS's database to enable the Employer
to conduct, to the extent authorized by this MOU:
0 Automated verification checks on alien employees by electronic means, and
O Photo verification checks (when available) on employees.
2. DHS agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E-Verify program. DHS
agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS
representatives to be contacted during the E-Verify process.
3. DHS agrees to provide to the Employer a manual (the E-Verify User Manual) containing
instructions on E-Verify policies, procedures and requirements for both SSA and DHS, including
restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify.
4. DHS agrees to provide to the Employer a notice, which indicates the Employer's
participation in the E-Verify program. DHS also agrees to provide to the Employer anti-
discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair
Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice.
5. DHS agrees to issue the Employer a user identification number and password that
permits the Employer to verify information provided by alien employees with DHS's database.
6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit
access to such information to individuals responsible for the verification of alien employment
eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may
be authorized by applicable law. Information will be used only to verify the accuracy of Social
Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act
(INA) and Federal criminal laws, and to administer Federal contracting requirements.
7. DHS agrees to provide a means of automated verification that is designed (in
conjunction with SSA verification procedures) to provide confirmation or tentative
Page 2 of 13JE-Verify MOU for Employerl Revision Date 10/29/08
f
EE-Verify.
Company ID Number: 221827
nonconfirmation of employees' employment eligibility within 3 Federal Government work days of
the initial inquiry.
8. DHS agrees to provide a means of secondary verification (including updating DHS
records as may be necessary) for employees who contest DHS tentative nonconfirmations and
photo non -match tentative nonconfirmations that is designed to provide final confirmation or
nonconfirmation of the employees' employment eligibility within 10 Federal Government work
days of the date of referral to DHS, unless DHS determines that more than 10 days may be
necessary. In such cases, DHS will provide additional verification instructions.
C. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the
system.
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and
telephone numbers of the Employer representatives to be contacted regarding E-Verify.
3. The Employer agrees to become familiar with and comply with the most recent version
of the E-Verify User Manual.
4. The Employer agrees that any Employer Representative who will perform employment
verification queries will complete the E-Verify Tutorial before that individual initiates any
queries.
A. The Employer agrees that all Employer representatives will take the refresher
tutorials initiated by the E-Verify program as a condition of continued use of E-
Verify, including any tutorials for Federal contractors if the Employer is a Federal
contractor.
B. Failure to complete a refresher tutorial will prevent the Employer from continued
use of the program.
5. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions:
If an employee presents a "List B" identity document, the Employer agrees to only
accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R.
§ 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If
an employee objects to the photo requirement for religious reasons, the Employer
should contact E-Verify at 888-464-4218.
If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766
(Employment Authorization Document) to complete the Form 1-9, the Employer agrees to
make a photocopy of the document and to retain the photocopy with the employee's
Form 1-9. The employer will use the photocopy to verify the photo and to assist DHS
with its review of photo non -matches that are contested by employees. Note that
employees retain the right to present any List A, or List B and List C, documentation to
complete the Form 1-9. DHS may in the future designate other documents that activate
the photo screening tool.
Page 3 of 13IE-Verify MOU for Employerl Revision Date 10/29/08
E-Ver"Ify
Company ID Number: 221827
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6. The Employer understands that participation in E-Verify does not exempt the Employer
from the responsibility to complete, retain, and make available for inspection Forms 1-9 that
relate to its employees, or from other requirements of applicable regulations or laws, including
the obligation to comply with the antidiscrimination requirements of section 274B of the INA with
respect to Form 1-9 procedures, except for the following modified requirements applicable by
reason of the Employer's participation in E-Verify: (1) identity documents must have photos, as
described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer
has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect
to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of
the individual in compliance with the terms and conditions of E-Verify; (3) the Employer must
notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is
subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of
continued employment following a final nonconfirmation; (4) the Employer is subject to a
rebuttable presumption that it has knowingly employed an unauthorized alien in violation of
section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final
nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or criminally liable
under any law for any action taken in good faith based on information provided through the
confirmation system. DHS reserves the right to conduct Form 1-9 compliance inspections during
the course of E-Verify, as well as to conduct any other enforcement activity authorized by law.
7. The Employer agrees to initiate E-Verify verification procedures for new employees
within 3 Employer business days after each employee has been hired (but after both sections 1
and 2 of the Form 1-9 have been completed), and to complete as many (but only as many) steps
of the E-Verify process as are necessary according to the E-Verify User Manual. The Employer
is prohibited from initiating verification procedures before the employee has been hired and the
Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day
time period is extended until it is again operational in order to accommodate the Employer's
attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the
Employer must use the SSA verification procedures first, and use DHS verification procedures
and photo screening tool only after the SSA verification response has been given. Employers
may initiate verification by notating the Form 1-9 in circumstances where the employee has
applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN,
provided that the Employer performs an E-Verify employment verification query using the
employee's SSN as soon as the SSN becomes available.
8. The Employer agrees not to use E-Verify procedures for pre -employment screening of
job applicants, in support of any unlawful employment practice, or for any other use not
authorized by this MOU. Employers must use E-Verify for all new employees, unless an
Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c.
Except as provided in Article II.D, the Employer will not verify selectively and will not verify
employees hired before the effective date of this MOU. The Employer understands that if the
Employer uses E-Verify procedures for any purpose other than as authorized by this MOU, the
Employer may be subject to appropriate legal action and termination of its access to SSA and
DHS information pursuant to this MOU.
9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding
tentative nonconfirmations, including notifying employees of the finding, providing written
referral instructions to employees, allowing employees to contest the finding, and not taking
Page 4 of 13JE-Verify MOU for Employerl Revision Date 10/29/08 �; ,
E-Venry. F VKM 15 A UKRVICK 01' IIHN
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Company ID Number: 221827
adverse action against employees if they choose to contest the finding. Further, when
employees contest a tentative nonconfirmation based upon a photo non -match, the Employer is
required to take affirmative steps (see Article III.B. below) to contact DHS with information
necessary to resolve the challenge.
10. The Employer agrees not to take any adverse action against an employee based upon
the employee's perceived employment eligibility status while SSA or DHS is processing the
verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1))
that the employee is not work authorized. The Employer understands that an initial inability of
the SSA or DHS automated verification system to verify work authorization, a tentative
nonconfirmation, a case in continuance (indicating the need for additional time for the
government to resolve a case), or the finding of a photo non -match, does not establish, and
should not be interpreted as evidence, that the employee is not work authorized. In any of the
cases listed above, the employee must be provided a full and fair opportunity to contest the
finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee's perceived employment eligibility status
(including denying, reducing, or extending work hours, delaying or preventing training, requiring
an employee to work in poorer conditions, refusing to assign the employee to a Federal contract
or other assignment, or otherwise subjecting an employee to any assumption that he or she is
unauthorized to work) until and unless secondary verification by SSA or DHS has been
completed and a final nonconfirmation has been issued. If the employee does not choose to
contest a tentative nonconfirmation or a photo non -match or if a secondary verification is
completed and a final nonconfirmation is issued, then the Employer can find the employee is not
work authorized and terminate the employee's employment. Employers or employees with
questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 or OSC at 1-800-
255-8155 or 1-800-237-2515 (TDD).
11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section
274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or
recruitment or referral practices because of his or her national origin or, in the case of a
protected individual as defined in section 27413(a)(3) of the INA, because of his or her
citizenship status. The Employer understands that such illegal practices can include selective
verification or use of E-Verify except as provided in part D below, or discharging or refusing to
hire employees because they appear or sound "foreign" or have received tentative
nonconfirmations. The Employer further understands that any violation of the unfair
immigration -related employment practices provisions in section 274B of the INA could subject
the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII
could subject the Employer to back pay awards, compensatory and punitive damages.
Violations of either section 274B of the INA or Title VII may also lead to the termination of its
participation in E-Verify. If the Employer has any questions relating to the anti -discrimination
provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
12. The Employer agrees to record the case verification number on the employee's Form 1-9
or to print the screen containing the case verification number and attach it to the employee's
Form 1-9.
13. The Employer agrees that it will use the information it receives from SSA or DHS
pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as
Page 5 of 131E-Verify MOU for Employerl Revision Date 10/29/08
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authorized by this MOU. The Employer agrees that it will safeguard this information, and means
of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose
and as necessary to protect its confidentiality, including ensuring that it is not disseminated to
any person other than employees of the Employer who are authorized to perform the
Employer's responsibilities under this MOU, except for such dissemination as may be
authorized in advance by SSA or DHS for legitimate purposes.
14. The Employer acknowledges that the information which it receives from SSA is
governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42
U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses
it for any purpose other than as provided for in this MOU may be subject to criminal penalties.
15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring
and evaluation of E-Verify, including by permitting DHS and SSA, upon reasonable notice, to
review Forms 1-9 and other employment records and to interview it and its employees regarding
the Employer's use of E-Verify, and to respond in a timely and accurate manner to DHS
requests for information relating to their participation in E-Verify.
D. RESPONSIBILITIES OF FEDERAL CONTRACTORS
1. The Employer understands that if it is a Federal contractor subject to the
employment verification terms in Subpart 22.18 of the FAR it must verify the employment
eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801) in addition to
verifying the employment eligibility of all other employees required to be verified under the FAR.
Once an employee has been verified through E-Verify by the Employer, the Employer may not
reverify the employee through E-Verify.
a. Federal contractors not enrolled at the time of contract award: An Employer that
is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as
a Federal contractor in the E-Verify program within 30 calendar days of contract award and,
within 90 days of enrollment, begin to use E-Verify to initiate verification of employment eligibility
of new hires of the Employer who are working in the United States, whether or not assigned to
the contract. Once the Employer begins verifying new hires, such verification of new hires must
be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal
contractor, the Employer must initiate verification of employees assigned to the contract within
90 calendar days after the date of enrollment or within 30 days of an employee's assignment to
the contract, whichever date is later.
b. Federal contractors already enrolled at the time of a contract award: Employers
enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award
must use E-Verify to initiate verification of employment eligibility for new hires of the Employer
who are working in the United States, whether or not assigned to the contract, within 3 business
days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90
calendar days or less at the time of contract award, the Employer must, within 90 days of
enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are
working in the United States, whether or not assigned to the contract. Such verification of new
hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a
Federal contractor in E-Verify must initiate verification of each employee assigned to the
Page 6 of 131E-Verify MOU for Employerl Revision Date 10/29/08
E-Verify.
Company ID Number: 221827
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contract within 90 calendar days after date of contract award or within 30 days after assignment
to the contract, whichever is later.
C. Institutions of higher education, State, local and tribal governments and sureties:
Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),
State or local governments, governments of Federally recognized Indian tribes, or sureties
performing under a takeover agreement entered into with a Federal agency pursuant to a
performance bond may choose to only verify new and existing employees assigned to the
Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or
all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs
1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees
assigned to a contract apply to such institutions of higher education, State, local and tribal
governments, and sureties.
d. Verification of all employees: Upon enrollment, Employers who are Federal
contractors may elect to verify employment eligibility of all existing employees working in the
United States who were hired after November 6, 1986, instead of verifying only those
employees assigned to a covered Federal contract. After enrollment, Employers must elect to
do so only in the manner designated by DHS and initiate E-Verify verification of all existing
employees within 180 days after the election.
e. Form 1-9 procedures for Federal contractors: The Employer may use a
previously completed Form 1-9 as the basis for initiating E-Verify verification of an employee
assigned to a contract as long as that Form 1-9 is complete (including the SSN), complies with
Article II.C.5, the employee's work authorization has not expired, and the Employer has
reviewed the information reflected in the Form 1-9 either in person or in communications with the
employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work
authorization has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form
1-9 complies with Article II.C.5, if the employee's basis for work authorization as attested in
section 1 has expired or changed, or if the Form 1-9 contains no SSN or is otherwise incomplete,
the Employer shall complete a new 1-9 consistent with Article II.C.5, or update the previous 1-9
to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up-to-
date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a
U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the
Employer shall not require the production of additional documentation, or use the photo
screening tool described in Article II.C.5, subject to any additional or superseding instructions
that may be provided on this subject in the E-Verify User Manual. Nothing in this section shall
be construed to require a second verification using E-Verify of any assigned employee who has
previously been verified as a newly hired employee under this MOU, or to authorize verification
of any existing employee by any Employer that is not a Federal contractor.
2. The Employer understands that if it is a Federal contractor, its compliance with this MOU
is a performance requirement under the terms of the Federal contract or subcontract, and the
Employer consents to the release of information relating to compliance with its verification
responsibilities under this MOU to contracting officers or other officials authorized to review the
Employer's compliance with Federal contracting requirements.
Page 7 of 13JE-Verify MOU for Employerl Revision Date 10/29/08
E-Verify'.
Company ID Number: 221827
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
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1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must
print the tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the tentative
nonconfirmation.
2. The Employer will refer employees to SSA field offices only as directed by the
automated system based on a tentative nonconfirmation, and only after the Employer records
the case verification number, reviews the input to detect any transaction errors, and determines
that the employee contests the tentative nonconfirmation. The Employer will transmit the Social
Security Number to SSA for verification again if this review indicates a need to do so. The
Employer will determine whether the employee contests the tentative nonconfirmation as soon
as possible after the Employer receives it.
3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide
the employee with a system -generated referral letter and instruct the employee to visit an SSA
office within 8 Federal Government work days. SSA will electronically transmit the result of the
referral to the Employer within 10 Federal Government work days of the referral unless it
determines that more than 10 days is necessary. The Employer agrees to check the E-Verify
system regularly for case updates.
4. The Employer agrees not to ask the employee to obtain a printout from the Social
Security Number database (the Numident) or other written verification of the Social Security
Number from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must
print the tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the tentative
nonconfirmation.
2. If the Employer finds a photo non -match for an employee who provides a document for
which the automated system has transmitted a photo, the employer must print the photo non -
match tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the finding.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to
contest a tentative nonconfirmation received from DHS automated verification process or when
the Employer issues a tentative nonconfirmation based upon a photo non -match. The Employer
will determine whether the employee contests the tentative nonconfirmation as soon as possible
Page 8 of 13IE-Verify MOU for Employerl Revision Date 10/29/08
Company ID Number: 221827
after the Employer receives it.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will
provide the employee with a referral letter and instruct the employee to contact DHS through its
toll -free hotline (as found on the referral letter) within 8 Federal Government work days.
5. If the employee contests a tentative nonconfirmation based upon a photo non -match, the
Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit
the result of the referral to the Employer within 10 Federal Government work days of the referral
unless it determines that more than 10 days is necessary. The Employer agrees to check the E-
Verify system regularly for case updates.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based
upon a photo non -match, the Employer will send a copy of the employee's Form 1-551 or Form
1-766 to DHS for review by:
Scanning and uploading the document, or
Sending a photocopy of the document by an express mail account (furnished and paid
for by DHS).
7. The Employer understands that if it cannot determine whether there is a photo
match/non-match, the Employer is required to forward the employee's documentation to DHS by
scanning and uploading, or by sending the document as described in the preceding paragraph,
and resolving the case as specified by the Immigration Services Verifier at DHS who will
determine the photo match or non -match.
ARTICLE IV
SERVICE PROVISIONS
SSA and DHS will not charge the Employer for verification services performed under this MOU.
The Employer is responsible for providing equipment needed to make inquiries. To access the
E-Verify System, an Employer will need a personal computer with Internet access.
ARTICLE V
PARTIES
A. This MOU is effective upon the signature of all parties, and shall continue in effect for as
long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual
consent of all parties, or terminated by any party upon 30 days prior written notice to the others.
Any and all system enhancements to the E-Verify program by DHS or SSA, including but not
limited to the E-Verify checking against additional data sources and instituting new verification
procedures, will be covered under this MOU and will not cause the need for a supplemental
MOU that outlines these changes. DHS agrees to train employers on all changes made to E-
Verify through the use of mandatory refresher tutorials and updates to the E-Verify User
Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take
Page 9 of 13JE-Verify MOU for Employerl Revision Date 10/29/08
l `7f '�
rEE-Vermify wirvi i
Company ID Number: 221827
mandatory refresher tutorials. An Employer that is a Federal contractor may terminate this
MOU when the Federal contract that requires its participation in E-Verify is terminated or
completed. In such a circumstance, the Federal contractor must provide written notice to DHS.
If an Employer that is a Federal contractor fails to provide such notice, that Employer will remain
a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to
non -Federal contractor participants, and will be required to use the E-Verify procedures to verify
the employment eligibility of all newly hired employees.
B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed
necessary because of the requirements of law or policy, or upon a determination by SSA or
DHS that there has been a breach of system integrity or security by the Employer, or a failure
on the part of the Employer to comply with established procedures or legal requirements. The
Employer understands that if it is a Federal contractor, termination of this MOU by any party for
any reason may negatively affect its performance of its contractual responsibilities.
C. Some or all SSA and DHS responsibilities under this MOU may be performed by
contractor(s), and SSA and DHS may adjust verification responsibilities between each other as
they may determine necessary. By separate agreement with DHS, SSA has agreed to perform
its responsibilities as described in this MOU.
D. Nothing in this MOU is intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law by any third party against the United States, its
agencies, officers, or employees, or against the Employer, its agents, officers, or employees.
E. Each party shall be solely responsible for defending any claim or action against it arising
out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability
wherefrom, including (but not limited to) any dispute between the Employer and any other
person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or
allegedly taken by the Employer.
F. The Employer understands that the fact of its participation in E-Verify is not confidential
information and may be disclosed as authorized or required by law and DHS or SSA policy,
including but not limited to, Congressional oversight, E-Verify publicity and media inquiries,
determinations of compliance with Federal contractual requirements, and responses to inquiries
under the Freedom of Information Act (FOIA).
G. The foregoing constitutes the full agreement on this subject between DHS and the
Employer.
H. The individuals whose signatures appear below represent that they are authorized to
enter into this MOU on behalf of the Employer and DHS respectively.
Page 10 of 13IE-Verify MOU for Employerl Revision Date 10/29/08
M u
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Company ID Number: 221827
To be accepted as a participant in E-Verify, you should only sign the Employer's Section
of the signature page. If you have any questions, contact E-Verify at 888-464-4218.
Employer Kemira Chemicals, Inc.
Patricia Stowers
Name (Please Type or Print)
Title
Electronically Signed 06/16/2009
------...
Signature Date
Department of Homeland Security — Verification Division
USCIS Verification Division
�. ... m.........
......Name (Please Type or Print) Title
Electronically Signed 06116/2009
Signature Date
Page 11 of 13JE-Verify MOU for Employerl Revision Date 10/29/08
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Company ID Number: 221827
„ _
Information Required for the E-Verify Program
Information relating to your Company:
Company Name: Kemira Chemicals, Inc,.
Company Facility Address 1950 Vaughn Road
.._ ...... .
Kennesaw, GA 30144
Company Alternate
Address:
County or Parish: COBB
Employer Identification
Number: 010598941
North American Industry
Classification Systems
Code: 325
Parent Company:
Number of Employees: 500 to 999
Number of Sites Verified
for: 9
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in
each State:
SOUTH CAROLINA 2 site(s)
Page 12 of 13JE-Verify MOU for Employerl Revision Date 10/29/08
E-Verify
Company ID Number: 221827
WASHINGTON
GEORGIA
1 site(s)
6 site(s)
6�w'�Q g�
VI Xi 11 11 Y T S M IJR VICK. III
Information relating to the Program Administrator(s) for your Company on policy questions or
operational problems:
Name: Jackie Whitehead
Telephone Number: (678) 819 - 4553 Fax Number: (770) 436 - 6318
E-mail Address: jackie.whitehead@kemira.com
Name: Patricia Stowers
Telephone Number: (678) 819 - 4556 Fax Number: (770) 436 - 6318
E-mail Address: patricia.stowers@kemira.com
Name: Debbie Spencer
Telephone Number: (678) 819 - 4564 Fax Number: (770) 436 - 6318
E-mail Address: debbie.spencer@kemira.com
Page 13 of 13JE-Verify MOU for Employerl Revision Date 10/29/08