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HomeMy WebLinkAboutOpening of Bids - Six Thousand 6,000, More or Less, Universal Nestable Refuse Containers – Spec B - IPL Inc.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 9:30 a.m. Local Time, on March 24, 2020 for the following: Spec B — Six Thousand (6,000) More or Less Universal/Nestable Refuse Containers Specifications are available for download by visiting the City of South Bend's web page at www.southbendin.4ov: 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 reviiew 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 9:30 a.m. Local Time, on March 24, 2020 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: February 28, 2020 March 6, 2020 I BID NAME -Ap—ec I FOR BIDS DUE March 2020 9:30 a.m. 2020-03-19 Bidder IPL Inc. Date: (Firm): Address 165 Industrial Park Road City/State/Zip: Forsyth, GA 31029 Telephone Number: _j 418 ) 789-2880 Agent of Bidder (if Applicable): When 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 Quebec, Canada ) Bellechasse ) SS:. COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: l . 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. 2 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 contrast 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 3 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 (I.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. H 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 19th day of March-, 2020 IPL Inc. Contractor/Bidder (1 arm') Sig�ature of Contractor/Bidder or Its Agent Francis Cote / VP R&D Printed Name and Title Subscribed and sworn to before me this I day of f " 20 -AL � A,(3,t,,,gJOUE pm. My Commission Expires 2 Notary f�6tylic. °�ti . rk ; _f County of Residence R 5 (To be completed only by ContractorsBidders claiming to be a "local Indiana business"pursuant to I.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 that $50, 000 • 3% for a purchase expected by the purchasing agency to be at least $50, 000 but less than $100, 000. • I % frra° alaaarclaawc apc>t:c l the paarrlrz�ang a to be at least $100 000. — - - Date: Pursuant to I.C. 5-22-15-20.9, 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) E] St. Joseph County, Indiana 7 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 SUPPL YING SUPPORTING PAYROLL RECORDS, BIDDER SHALL REDACT ALL SOCIAL SECURITY NUMBERS. Dated this day of _ , 20 Contractor/Bidder (Firm) Signature of Contractor/Bidder or Its Agent Printed Name and Title Cl SPECIFICATIONS CITY OF SOUTH BEND Spec B — Six Thousand (6,000) More or Less Universal/Nestable Refuse BID NAME Containers ......................._W.........__._.__.....______.........._.....______._..----- ._________._..._............. ...... ....... ............... ....................................... FOR BIDS DUE Marc2� h 4, 2020 9:30 a.m. 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. SPEC A — SIX TIIOUSAN® 6000 MORE OR LESS UNIVERSAL/NESTALE REFUSE CONTAINERS It is the intent of these specifications to describe 96 gallon refuse containers for the City of South Bend. All containers bid must have been manufactured in the U.S.A. The City of South Bend reserves the right to reject any and all bids or to accept a full or partial award of the bid or bids which, in its judgment, will be in the best interest of the City of South Bend. Vendor to complete bid proposal, and non-discrimination commitment contained in this bid specification and attach to the submitted bid. Vendor shall provide all information requested in specifications to qualify for the bid. Vendor shall indicate YES or NO for each area of the specification. Any variations to the following specifications must be noted on a separate sheet and attached to the bid in order for the bid to be valid. Vendor to complete bid proposal, and non-discrimination commitment contained in this bid specification and attach to the submitted bid. MANUFACTURING PROCESSES AND MATERIALS: Each YES / NO rollout container shall consist of a body, lid, wheels, axle, and necessary accessories. The plastic resin material and the finished container must meet the minimum specifications herein. PLASTIC MATERIAL: Base plastic resin must be first quality linear low density polyethylene supplied by a national petrochemical No, producer. Please list supplier I,,xxon HDPE Bidder must submit technical data sheet(s) from the resin producer, which verify that the resin to be used in the container body will meet the following minimum property levels: ESCR - > 1000 hrs Elongation - > 1000% Density - 0.937-0.940 RESIN ADDITIVES: The plastic resin must be enhanced with color YES / NO pigment and ultraviolet inhibitor, which must be uniformly distributed throughout the finished container. To ensure thorough distribution of these additives, the resin and additives must be mixed YES in a molted state using a hot -melt compounding process. Bidder must submit a statement certifying that all of the plastic resin and additives will be hot -melt blended. CONTAINER REQUIREMENTS: The rollout containers must be YES / NO compatible with standard American semi -automated bar -locking lifters (ANSI type B) as well as automated arm lifters (ANSI type G) and function as follows: ANSI CONFORMANCE: Containers bid herein must meet the requirements of ANSI Z245.30-1999 and ANSI Z245.60-1999 YES standards for "Type B/G" containers. Bidder must submit independently certified copies of all ANSI test results with bid. Test results must state load (in pounds) under which tests were conducted. The load under which the tests were conducted must be the same as the load rating stated in all literature and specifications. The ANSI Appendix D test for "Loading and Unloading Test for Carts" must clearly state that the required 520 dump cycles under the cart's full rated load were performed on both a Semi -Automated Cart Lifter and a Fully Automated Grabber Arm. LOAD RATING: Containers must be designed to regularly receive YES / NO and dump the following pounds of waste materials, excluding the weight of the container, without permanent damage or deformation. The load rating must conform with ANSI Standard Z245.30. 96 Gallon — 335 pounds Bidder must submit its normal printed color sales brochure which shows the exact product item bid and the corresponding load rating. Bidder must mark the location of the load rating on the brochure with YES a bold red arrow so as to aim directly at the load rating. Load rating stated on literature must exactly match all specifications, ANSI certification submitted with bidder's proposal, and the load rating permanently marked on the product. 96 Gallon: STATE LOAD RATING - 335 pounds WEIGHT: The total weight of the fully assembled container shall be YES / NO as follows: 96 Gallon — 32 pounds minimum YES STATE FULLY ASSEMBLED WEIGHT OF EACH SIZE — 96 Gallon - 39.61 pounds CAPACITY: The total capacity of the container body, excluding the YES / NO lid, must be 96 U.S. gallons (+/- 2%). Bidder must include an independent test result according to ANSI Z245.30, Appendix A (Volume Test), certified by an accredited professional engineer, showing the exact capacity of the cart body (to the nearest 0.1 U.S. YES gallon). 96 Gallon: STATE BODY CAPACITY - 94 U.S. Gallons DIMENSIONS: The exterior dimensions of the completely YES / NO assembled containers shall be as follows: 96 Gallon — Height: 43.25" STATE HEIGHT - 46 1/4 " YES Length: 35.25" STATE LENGTH - 33 w3/4 " Width: 29.75" STATE WIDTH - 26 1/4 " HANDLES: Each container must be equipped with two (2) handles, YES/NO each a minimum of 1" diameter. The handles and handle mounts must be an integrally molded part of the container body. The handles shall be designed to afford the user positive control of the loaded cart at all times. The handles must not have the ability to rotate on their YES own axis at any time. Handles which are molded as part of the lid are unacceptable. Bolted -on handle mounts or bolted -on handles are unacceptable. LID: The lid shall be configured to ensure that it will not warp, YES/NO bend, slump, or distort such an extent that it no longer fits the container properly or becomes otherwise unserviceable. The lid must be crowned in shape and designed to disallow entry of rain when in the closed position. The lid must open from a closed position through a full 270' arc. Living hinges and lid counter weights are YES unacceptable. Lid latches are unacceptable. The rim must also include a ledge on which the lid rests to create a tight seal between body and lid. BOTTOM: The bottom of the container must have a molded -in wear YES/NO strip to protect against dragging. Container base must be impact resistant at all points (four corners and the center) of the base for YES durability. Screw -on, bolt -on, or pop -on wear guards are unacceptable. WHEELS: Wheels shall be 10" diameter and 1.75" wide with YES/NO knobby treads. Wheels must be extra high molecular weight polyethylene capable of supporting 200 pounds per wheel. YES AXLE: The axle must be 5/8" diameter zinc chromate plated solid YES / NO high strength steel fully supported by cart body. Axle must slide through two molded -in plastic journals in the cart bottom and must not be exposed to contents inside of container. Each molded -in axle YES journal must be at least 1" wide. Axles attached by means of bolts or 3/4" rivets are unacceptable. STABILITY: Each container shall be stable and self -balancing when YES / NO in the upright position, either loaded or empty. The container must be designed to withstand winds of up to 25 mph when empty. Containers must be easy for a citizen to tilt to the roll position when YES fully loaded while keeping both feet on the ground. Any container which is judged as too difficult to tilt when loaded with 335 pounds (96 Gallon) of material will be disqualified. Containers that require a foot fulcrum to assist in tilting the container are unacceptable. LIFT SYSTEM: Each container shall be equipped with attachment YES / NO points which make it compatible with standard American semi - automated bar -locking lifters and fully -automated arm lifters. The upper lift point must be integrally molded into the body of the container. The lower lift bar must be designed to withstand over ten (10) years of lifter attachment, and must be 1" diameter galvanized YES steel. It must freely rotate a full 360' on its own axis. The lower bar must be mounted in molded -in plastic bearings so that it is not exposed to the contents inside the container. The lower bar must be factory installed and cannot be attached by means of rivets, screws, bolts, fasteners, etc. Containers with bolted on lower bars or plastic lower bars are NOT acceptable. COLOR — The container body color shall be Greenstone, or tan to YES / NO match our existing carts. Bidder must supply sample chips of the colors available with their bid. Surface treatments, spray -on finishes YES and materials that are not homogenous are not acceptable. Color will be determined at the time of order. Required assembly limited to lids and wheels. YES / NO --- ---> MARKINGS: Each container must be permanently marked with YES / NO letters/numbers, as follows: SERIAL NUMBERS: Each container must have a serial number hot stamped in white on the front face of its body. The serial number YES shall be preceded by a letter or number code which designates the year of manufacture. Serial numbers shall be in sequence beginning with a number designated by the City. The bidder will maintain a file that will identify the date of manufacture by the serial number. RFID tags compatible with Desert Micro Software be included. YES / NO YES YES CITY SEAL: The Seal of the City of South Bend shall be hot YES / NO stamped onto both sides of the cart body. Street side of containers YES shall be marked NO PARKING. USER INSTRUCTIONS: Instructions for the safe use of the YES / NO container must be molded into each lid. Instructions shall be in both YES English and Spanish. LOAD RATING: The load rating of the container must be raised- YES / NO relief molded into the lid. Load rating shall be stated in both pounds YES and kilograms and in English and Spanish. EXPERIENCE: YES / NO REFERENCES: Bidder must submit with its bid a reference list of municipalities currently using the bidder's products. The list must include at least ten (10) municipalities who currently have at least YES 20,000 carts in service. Include the name of the municipality, year of installation, contact person, phone number, and quantity for each reference. Failure to include these references will result in bid disqualification. WARRANTY: Bidder must submit with bid a document which YES / NO clearly states the exact warranty of the bidder. The warranty must be for no less than ten (10) full years and must specifically provide for no -charge replacement of any component parts which fail in materials of workmanship for a period of ten (10) years after YES installation. The bidders warranty is understood to include, whether stated in bidder's warranty or not, the following coverage: Failure of the lid to prevent rain water from entering the container when in the closed position. Damage to the container body, lid, or any component parts through YES / NO opening or closing the lid. YES Failure of the lower lift bar from damage during interface with lifters. YES / NO --- ----> Failure of the body and lid to maintain their original shape. YES / NO --- ----: Damage or cracking of the container body through normal operating YES / NO conditions. YES Failure of the wheels to provide continuous, easy mobility, as YES %NO originally designed. YES Failure of any part to conform to minimum standards as specified YES / NO herein. YES If bidder is owned by another business entity, then the owning entity YES'/ N must also accept full financial responsibility for the warranty of the bidder. The bidder must submit with their bid a letter from the YES owning entity which clearly states its obligation and commitment to YES YES honor the warranty of the bidder, should the bidder ever be in a position to not do so. Such letter shall be signed by the owning entity's top officer and notarized. Warranty specimen of exact warranty offered must be included with YES / NO proposal. YES LEGAL OR ADMINISTRATIVE SETTLEMENTS: The YES / NO manufacturer of the cart must submit the name, contact name and telephone number for each government or agency with which it has had a legal or administrative settlement of warranty, cart failure claims or contract performance within the last five (5) years YES including ongoing negotiations of settlement. Include a brief summary of the settlement or indicate if a "gag order" was imposed, and by whom it was ordered. This information must be provided on a separate page entitled "Legal or Administrative Settlements." QUANTITY PRICING: YES / NO 6,000 more or less 96 gallon or 48 gallon in combination containers YES over a 24 month period. Vendor to guarantee pricing for a 24 month period from date of bid award. DELIVERY: Max 90 days. Vendor to state approximate delivery YES / NO time from bid award. YES MISCELLANEOUS: Must provide sample within two weeks of bid YES / NO opening. YES Delivered to: 3113 Riverside Drive, South Bend, IN 46628. Price YES to include all freight costs. ESO H BID/PROPOSAL71%_"' eta CITY OF SOUTH BEND Spec B - Six Thousand (6,000) More or Less Universal/Nestable Refuse BID NAME Containers FOR BIDS DUE March 24, 2020 9:30 a ........ ..... .......... — a.m. Description Make/Model Unit Price 96G Refuse Container IPL - Mastercart 60204 $ 39.80 ........--- Item ... ......... . Est. . ........ _-------------- -- ...... _..... _ ....... .. ...... .............. _ ._... ....... __ o. Item Unit Price Total 1 TBD 96 Gallon Universal/Nestable Refuse $ $ Container Cori let 39.80 TBD Manutacturer: IPL Inc. Based o f 2 TBD 48 Gallon Universal/Nestable Refuse _ $ �final ased �A $ Container Complete No Bid. No Bid. Manufacturer: Bidder (Firm):. IPL Inc. Address: 165 Industrial Park Road City/State/Zip: Forsyth, GA 31029 Telephone Number: 418-789-2880 BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member Fax Number: 418-789-3153 Louis Bourgoin / Francis C6te ........_w _.... ��.�......................(Printed Na)........ �. �........��......�......� VP Logistics / VP R&D ... ,�..�._.....w(Title) ....�..�................._a_Y ,.......�.........������. Therese J. Dorau, Member Joseph Molnar, Member Jordan Gathers, Member Attest: Linda M. Martin, Clerk CITY OF SOUTH BEND`' INSTRUCTIONS TO BIDDERS k�wa�s BID FORMS AND EECLITION 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: 3, 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, 131h 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. 12 Bond No. 7710665-20-006 ,�l YI Doci!tti-tent.4310 - ElectronicForinttt THIS DOCUMENT HAS IMPORTANT LEC.iAI_ CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS E1..F..CTRONICALLY DRAFTED AIA DOCUMENT MAY FEE MADE BY USING A[A DOCUNI ENT D40I. KNOW ALL MEN BY THESE PRESENTS, that we as Principal, hereinafter called the Principal, and IPL Inc. 140, rue Commerciale Saint-Damien-de-.Buckland, Quebec GOR 2YO Atlantic S]pecialty Insurance Company One State Street Plaza, 31st Floor New York, tV.Y 10004 a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto City of South Bend 227 West Jefferson Boulevard, South Bend, IN 46601 as Obligee, hereinafter called the Obligee, in the sum of TF.,N .Percent of Tender Amount ( 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: Spec B — Six Thousand (6,000) More or Less Universal/Nestable Refuse Containers. "It is understood and agreed that if the final contract bonds are required, the guarantee(s) stated in the contract will be covered by these bonds for a period not exceeding one (1) year after the completion of the work. These Bonds will be renewable at the option of the surety, if required. It is understood that the renewal will not modify nor cumulate the amount of the bonds. The non -renewal of this bond shall not constitute an event of default of this bond". NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 24th day of March 2020. (VJi,tnesi«i) t�C1 -- Olivlfr NwA w. IPL Ilra.� (Principal) " -"(Seal) \4 i , w C ,7 (Tithe ) Atlantic Specialty Insurance Company (Surety) (Seal) Gabriel a"4sscj'!1 lhvlwey w-fact AIA DOCUMENT A'10 - BID BOND - ,AIA - FEBRUARY 1970 EDITION - THE AMERICAN INSTITUTE OF ARCH17ECTS, 1735 NEW YORK AVENUIF N,W . WASHINGTON D.C. 20006-5292, Unlicensed pbotoc:opying violates U.S. copyright laws ;cud is si!bje t :o legal pm_:ecuti.on. This document was eleclronic:ally produced with permission of the AIA and can be reproduced without violation until the elate of expiration as doled below, Electronic Format A310-1970 l a J V,4, r a ry KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Candice Archer, Pascal Tessier, Lorraine Daoust, Elie Laverdure, Karen Tamim, Jean -Francois Forget, Sylvain Darsigny, Gabriel Asselin, Daniel Leclerc, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: sixty million dollars ($60,000,000) and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attomey-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and seating any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. N WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company be,afffi%ed this twenty-ninth dray of April, 2019. V i irvat� C'ra 'tyitt nFi SEAL' w lllfi By STATE OF MINNESOTA , � � t� �a„� �°�,� Paul J. Brehm, Senior Vice President HENNEPIN COUNTY On this twenty-ninth day of April, 2019, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. �I�I�N��� �� ��I� � Illl � II � ��I� � � ■:Y I�l I) IM�If, ° My C Jamory 31, 2023 Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Date'd24th This Power of Attorney expires January 31, 2023 day of March 2020 fJFk,�p�, gym. AL as I906 at�a yvrdr ,>$1" �+ Vr_ Christopher V. Jerry, Secretary mRZmLmm= Six Thousand (6,000) More or Less Universal/Nestable Refuse Containers IPL Plastics, Inc. 165 Industrial Park Rd. Forsyth, GA 31029 l To whom it may concern: Thank you for considering IPL as a supplier for South Bend's refuse containers. For over 80 years, IPL has been a leading manufacturer of injection molded plastic products in the environmental, material handling, agriculture, and consumer packaged goods industries. With 14 manufacturing facilities worldwide, 2,100+ employees, 412 injection molding machines, and 4 global innovation centers, we have been afforded the opportunity to partner with some of the world's largest municipalities and brands with solutions and related services that optimize collection and supply chains. Our state-of-the-art manufacturing facility located in Forsyth, GA recently underwent an extensive renovation in 2017 and is well poised to cater to South Bend's every need. By utilizing the latest technology in high-pressure injection -molding and high density-polyethene we are able to yield a precise cart design with consistent thickness that has proven to stand the test of time in many cities across the United States. At IPL, we foster a culture of quality, innovation, sustainability, and safety, which are all in service of maximizing our value to our customers. Our ISO 9001 and ISO 14001 certifications have helped us increase our operational performance while remaining committed to environmentally friendly operations, thus ensuring the customer is getting the best product at the best price, and in the most sustainable and safe manner. Thank you again for your consideration of IPL for your upcoming refuse container bid. We are confident that our high performing cart will meet the requirements set forth in the RFP and exceed South Bend's expectations. If you have any questions you can reach me directly at (215)-983-2731 or matt.beeman,@ipl- plastics.com Respectfully, Matt Beeman Director of Sales — Environmental 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. E. The Board may reject any bid based on being non -responsiveness should such bid not conform to these requirements as listed herein or if a bid cannot be delivered in a manner consistent with the needs of the City. 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. 6. 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. 7. TRADE DISCOUNTS, A. Trade discounts shall not be shown separately, but shall be incorporated in the Bidder's unit price, unless otherwise specified. 8. 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. B. If an Option is included within these specifications, please be advised that, optional items placed in the specifications are to determine the best configuration of the item within a budgeted amount and may be included in the award criteria. If the Board elects to award one or more option(s), the base bid price and the option bid price(s) will be totaled and compared for all bidders offering the final configuration. Award will be made based on the lowest responsible/responsive bid prices submitted for the base bid with the selected option(s), if applicable. Failure to submit a bid on an option may result in the entire bid being non -responsive, depending on the final configuration of the product. 13 9, 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 QUALIFICAMN 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. 17. PURCHASE ORDERS A. A Purchase Order will be issued to the successful Bidder after formal acceptance of the bid is made by the City. 18. 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. 14 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. In some cases, at the discretion of the City, inspection of the commodities or equipment will be made at the factory, plant, or other establishment where they are produced before shipment. D. 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. 21 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. 1 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. TNT 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. Ib1 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. H Exce tion Sheet 1) Our carts are manufactured utilizing high-pressure injection molding and high -density polyethylene 2) All of our carts come with an industry standard W axle 3) Pricing will be evaluated on a yearly basis in an effort to protect both parties. A price escalation or reduction for 2021 will only be applied should resin IHS index price increase by >10% from February 2020 IHS of $0.83 per pound. Likewise, a price decrease would similarly be applied for reductions of >10% from that same index. IPL Saint -Damien 140 Commerciale, Saint -Damien (Qc) Canada GOR 2YO • (800) 463-0270 • www.ipl-plastics.com F)aftner. Package. Protect. To whom it may concern, Any warranty claims regarding products of the same type as those contemplated by this request for proposal over the past 5 years have all be honoured if the damage was effectively a manufacturing defect regarding said products. Also, there has been no legal or administrative settlement with regards to warranty claims during that period for the aforementioned products. Best regards, ....................................................................... Me Gabrielle Charlebois Legal Counsel, Commercial CERTIFIED EXTRACT of resolutions adopted by the Board of Directors of IPL Inc. (The "Corporation" or "IPL") at a meeting held on Wednesday, November 16, 2016 at 9:00 a.m. at IPL USA Inc, 401 SE Thompson Drive, Lee's Summit, Missouri, USA. "The secretary noted for the board that a revised signing authority would be required as a result of the increasing scale of the IPL business following the recent acquisition. The secretary proposed that the new signing authority be as follows: That any two of the below listed, be and are hereby authorized to sign for and on behalf of and in the name of the Corporation; all quotations, any amendment or changes to any quotation and any document pertaining to a quotation regarding any of the Corporation's products, other than where the quotation, any amendment or changes to any quotation and any document pertaining to a quotation regarding any of the Corporation's products is in excess of $5 million, which in such circumstances will require that one of the President, Chief Executive Officer or Chief Financial Officer is one of the signing parties for and on behalf of and in the name of the Corporation: • President; • Chief Executive Officer, • Chief Operations Officer; • Chief Financial Officer, • General Manager, • Vice -President Finance, • Vice -President Human Resources - Bulk & Environment Division • Director of Research and Development - Bulk & Environment Division • Vice -President Operations - Bulk & Environment Division; and • Director Administrative Services. The amendment to the signing authority of the Corporation was considered and subsequently approved by the board of directors." CERTIFICATION I, the undersigned, secretary of the corporation, hereby certify that the foregoing is a true and exact copy of resolutions adopted by the Board of Directors of IPL inc. in a meeting held on Wednesday, November 16, 2016 at 9:00 a.m. at IPL USA Inc, 401 SE Thompson Drive, Lee's Summit, Missouri, USA, and that said resolution is still in full force and effect without any modification thereto. Keith Kelly Secretary Levis, December 8, 2016. Page 1 1 Company ID Number: 1226581 i THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the Encore Industries, Inc. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. 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). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following 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;: a. Notice of E-Verify Participation b. Notice of Right to Work 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 about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. ,:V,_ 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access, Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers i Revision Date 06/01/13 Company ID Number: 1226581 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. 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 1-9 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. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete 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 mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. 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. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a 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. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer 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) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 r Company ID Number: 1226581 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be 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. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.13 of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. 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 mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, 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 Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 r- Company ID Number: 1226581 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming 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 mismatch 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 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VI of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. 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 immigration -related unfair 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 274E 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). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as 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. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information.. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at ;. E-Verify(ci)_dhs.gov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information 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)). 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. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 r I r it rr% Company ID Number: 1226581 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 prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it 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 participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, 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). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. 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 verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin 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. Page 5 of 17 E-Verify MOU for Employers i Revision Date 06/01/13 Company ID Number: 1226581 b. 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 begin 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 three 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 three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. 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 under 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. Employers in this category must begin 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. d. 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 verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). ;;'.1 f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, = ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or ' iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 -- \ Company ID Number: 1226581 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not 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 based on this Article. 3. 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. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify 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). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 1226581 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. 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 with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important 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 mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. 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. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, 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 INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides 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. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 1226581 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative non confirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight 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. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 '"ify E-Verie Company ID Number: 1226581 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. 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.. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. 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 E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 1226581 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time 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 E-Verify procedures and/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 the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. 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 cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, 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. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. 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 necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. 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. C. The Employer may not:assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. 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. E. The Employer understands that 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, Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 i Company ID Number: 1226581 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). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 1226581 Approved by: .. ............ ............. _. Employer Encore Industries, Inc. ............................ ww. Name (Please Type or Print) Title Lisa Riedel ....................................................................... sl...... ............_.........................._.......................__..................................._............_.............__.............. 9nature .....v .. v w_......._ rwv IDate Electronically Signed 08/30/2017 RV Department .IT�.�._ p Homeland Security — Verification Division ....._._._._.........��.... Name (Please Type or Print) Title USCIS Verification Division Signature ,Date Electronically Signed 08/30/2017 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 'T^ I Company ID Number: 1226581 ....................................................................... ....................Information Required forth�e....E.............-Veri fyProgram a- ..... ram Information relating to your Company: Encore Industries, Inc. Company Name .......... ..... _.m...� _ ._ _. 319 Howard Drive Sandusky, OH 44870 Company Facility Address Company Alternate Address County or Parish ERIE Employer Identification Number 341919610 North Americanust�..�..... �.32�6..... .......... .._._ �........w...�w......................................................................................_........................� Systems...���...... Classification Code Parent Company Number of Employees 100 to 499 Number of Sites Verified for 3 Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01 /13 Company ID Number: 1226581 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: OHIO 2 site(s) GEORGIA 1 site(s) Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 1226581 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Lisa D Riedel Phone Number (740) 432 - 1652 ext. 310 Fax Number Email Address Iriedel@e-encore.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 1226581 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers I Revision Date 06101 /13 a �h Reference with over 20,000 carts in service ... ......_....__ ... City and Contact name Project description City of Yukon, OK Manufacturing Bill Stover 43,000 carts in 2010 405-409-8408 City of Oklahoma Manufacturing Calvin E.Dugan (405) 297- 3649 240,000 carts since 1996 and ongoing 100 NORTH WALKER STE 200 95G OKLAHOMA CITY OK 73120 City of Tacoma, WA Manufacturing Desiree Bessette 253-593- 7738 102,000 carts since 2011 and ongoing dhessette ci.tacoma.wa.us City of Minneapolis ...... ... Manufacturing & Door-to-door delivery Michelle Chavez 632-673-3564 100,000 carts in 2012 Michelle ,chavez minnea of smn, ov Peel Region, ON, Canada Manufacturing, door-to-door delivery & maintenance. Paula Della Bianca 905-791-7800 1,200,000 carts in 2015 Kitchen collectors/26G/32G/64G/95G City of Kelowna, BC, Canada Manufacturing Sonia Hampson (250) 469-6346 95G/64G/32G sharnosnekelowna.ca 157,000 carts in 2008 and ongoing 2960 Cameron Road West Kelowna BC Using RFID Tags Reference with over 20,000 carts in service Citv and Contact name City of Winnipeg, MB, Canada Sam Brask (204) 986-5484 City of Calgary Philippa Wagner (403) 230-6631 hili awn r otcalg ry. a. P.O. Box 2100 Station M #27 Calgary 2M5 City of Guelph, ON, Canada Shelley Lorenz (519)-822-1260 110, DUNLOP DRIVE GUELPH, ON, N1 L 1 E4 AB Canada T2P City of Montreal Alain Leduc (514) 872-2210 aleduc rDvillemrontreal, c,a 275, Rue Notre Dame Est, Montreal, Quebec descri Manufacturing & door-to-door delivery 95G/64G 337,000 carts in 2010-2011 Using RFID Tags Manufacturing & Door-to-door delivery 64G — 320,000 carts in 2008-2009 64G — 320,000 carts in 2017 Manufacturing 135,000 carts between 2011 and 2013 Manufacturing & deliveries More than 60,000 carts from 2000 to 2011 on going 200,000 carts of 95G recycling 2010-2011 2 P10 PgutDl ui ��IiB��cart a01111 MOLD NO 60204 VOLUME 36OL / 95 US GAL (MC462) COLLECTION BIN FOR SEMI -AUTOMATED • Type B American grips • Type C European grips • Type G fully automated collection, l enght 85.7 33 314 Width 66.7 261I4' Height 117.5 461/4 Wheel Diameter 251 30 10 112 Axle 1.9 3I4 Wear Strip 0,,95 31g y Loading Capacity 152 335' Weight with Wheels 16 to 20 39 to 45 Recycling Code 2 1J, KM/H r P4N Test made with Rubber Wheels 12" Front 96 fi0 Side 96 60 Bark 96 60i Test made with Plastic wheels 12" Front 96 601 Side 96 60 Back BO 50 RESINIWEIGHT M KG LBS. " Lid Hinge 0,086 0,190 Cart 13.000 30,423 Lid Hinge 1.520 3,351 Total 15,406 33,964 ENRI�P EURO TYPE Lid Hinge 0.086 0,190, Cart 13,500 29,762 Lid Hinge 1,520 3,351 Total 15,106 33,303 9lIITHIKMEOS .w. CM PO 95 ga11360L - 63565 MC 0,279 0,110 f 95 013601. 63565 MC Ithirk) 0,301 0150 itHTIIICEMI ..._,..f' CM PO 95ga11360L-60204 B„4TQ 0,lB5; 'IPIF46WEIGHT i KG LHS. 10" plastic 0,65 1,43 10" Bi-Mat, 0,70 1,54" 12" plastic 0.80 1.76 12" Bi-Mat. 0.68 1,50' 10" Rubber 1,32 2.91 12" Rubber 2.30 5,07, AXLE ......... �:. , .® . K#6.. � .',... ,. _ LBS. _e 3d4 Axle 1 267 2.793 Standard • ANSIZ245.30 i Yes' Standard • ANSIZ245.60 Yes' 10D % recyclable (Code 21 Yes! 10 years warranty Yes'' Standard color Pantone 363,285,447.462,099 Capacity KG I LBS. 152 KG 1335 LBS. Volume - Cart body Liters I US Gal 355,8 L 194 US Gal Rubber tread (width) CM I IN 5,08 CM I2IN (10" & 12" wheel] Vent on the side Yes' Vent on the lid Yes Metal grate Yes' ASSEMBLED QUANTITY 0 OtyITIL - 53' unit 1 T.L 397 0tylpile 7 Rows 56 UNASSEMBLED QUANTITY Qty1TIL - 53' unit I T.L 462 Qtylpile 7 Rows 66 Production Capacity unit/ manth 2,9500 TESTING REPORT Testing of IPL 60204 cart according to ANSI Z245.30-2008 and Z245.60-2008 standards By Benoit Talbot B. Ing. Atlantest May 12t' 9 2014 4t 1, n't e �O1 a s TESTING REPORT DATE: May I P 2014 SUBJECT: Waste carts PRODUCT IDENTIFICATION: IPL 60204 TEST: VOLUMETRIC LOADING CAPACITY (ANSI Z245.30 APPENDIX A) TEST DESCRIPTION: To determine the volume of a container MINIMUM PERFORMANCE STANDARD: The volumetric loading capacity of the container should be measured according to ANSI Z245.30. ANSI Z245.60 establishes dimensional requirements for the cart. TEST PROCEDURE (Meets the requirements of ANSI Z245.30): 1. The volume of the cart is measured using the tank (immersion) method. 2. The empty cart is placed inside a tank with sufficient capacity to receive the container to he tested. The container must be level (that is, not inclined). 3. Simultaneously fill the tank and the container with water at a standard temperature (65 'F) 4. Measure the volume of water inside the container and the lid to an accuracy of ±2 percent. 5. Repeat the capacity method and determine the volumetric capacity of the lid. TEST RESULTS: The cart had a capacity of 356 liters (94 US gallons). The lid had a capacity of 21 liters (5.5 US gallons). SUMMARY: The carts passed the test at or above minimum requirements as specified in ANSI Z245.30 and Z245.60. .� u Benoit Talbot B In g. Atlantest 1580 Principal Avenue St-Malachie, QC GOR 3N0 o Atlantest TESTING REPORT DATE: May 121h 2014 SUBJECT: Waste carts PRODUCT IDENTIFICATION: IPL 60204 TEST: SLOPE STABILITY (ANSI Z245.30 APPENDIX B) TEST DESCRIPTION: This test checks the static stability of an empty and loaded cart on a defined slope (5 degrees). MINIMUM PERFORMANCE STANDARD: ANSI Z245.30 requires that the cart must stand, without tipping or moving, in three different orientations on a defined slope. ANSI Z245.60 establishes dimensional requirements for the cart. TEST PROCEDURE (Meets the requirements of ANSI Z245.30): l . Prepare a ramp with a slope of 5 degrees. The ramp must be of sufficient size that a cart can be moved onto the cart with no portion of the cart overhanging the edges of the ramp. 2. There is to be no wind. 3. Move an empty cart onto the ramp and orient the cart with the front of the cart facing up the ramp. Note any tipping or movement. Turn the cart so that the front of the cart is facing sideways on the ramp. Note any tipping or movement. Turn the cart so that the front of the cart is facing down the ramp. Note any tipping or movement. 4. Repeat step two with the cart loaded to the standard loading as specified in the ANSI standard. The loading material to occupy at least 70% of the capacity of the cart. TEST RESULTS: Orientation _.....------------- ........................Result Empty Front facing upward Stable Front facing sideways (right) Stable Front facing sideways (left) Stable Front facing downward Stable Filled (350 Ibs load) Front facing upward Stable Front facing sideways (right) Stable Front facing sideways (left) Stable Front facing downward Stable SUMMARY: The carts passed the ANSI Z245.30 and Z245.60 standards since non -movement in four orientations is met. Benoit Talbot B Ing. Atlantest 1580 Principal Avenue St- alachie, QC GOR 3 0 �No: TESTING REPORT DATE:May 120i 2014 SUBJECT: Waste carts PRODUCT IDENTIFICATION: IPL 60204 TEST: DURABILITY DURING PULLING (CURB TEST) (ANSI Z245.30 APPENDIX C) TEST DESCRIPTION: This test determines whether the cart's handles, wheels, and axles will withstand the repeated pulling forces experienced during normal 10-year useful life. MINIMUM PERFORMANCE STANDARD: The ANSI standard Z245.30 requires that after testing the handles, wheels, axles, their attachments to the container, and the container itself must remain functional. ANSI Z245.60 establishes dimensional requirements for the cart. TEST PROCEDURE (Meets the requirements of ANSI Z245.30): 1. The cart is loaded with a standard load (according to the ANSI standard) with the volume of material occupying at least 70% of the total capacity of the cart. 2. Using the can's handles, the loaded cart is pulled off a curb. The curb height to be 5.5 inches with a 1 inch radius. The cart is then repositioned at the top of the curb. The test is repeated for 520 cycles (drops). 3. Using the can's handles, an unloaded (empty) cart is pulled up a curb. The curb height to be 5.5 inches with a 1 inch radius. The cart is repositioned at the bottom of the curb. The test is repeated 520 cycles (lifts). 4. The carts are set down onto a concrete surface. 5. The temperature to be normal room temperature (73 degrees F). TEST RESULTS: Test Condition Result (350 lbs load (rated at 3.5lbs/gat — 349 lbs) ) Push off of full cart No significant damage. Pull up of empty cart No significant damage SUMMARY: The carts passed the ANSI Z245.30 and Z245.60 staftdards for minimum performance. Benoit Talbot B Ing. Atlantest 1580 Principal Avenue St-Malachie, QC GOR 3N0 Atlantest TESTING REPORT DATE: May 12'h 2014 SUBJECT: Waste carts PRODUCT IDENTIFICATION: IPL 60204 TEST: LOADING AND UNLOADING (CYCLE TEST) — FULLY AUTOMATED (ANSI Z245.30 APPENDIX D) TEST DESCRIPTION: The loading and unloading testis designed to approximate the useful life of a cart (10 years) in the actual lifting that is performed when emptying the cart into a fully -automated truck. This test is useful in assessing the overall design (such as the lid fit, handle material and hinge mechanism, wheel assembly strength, etc.) and overall durability. MINIMUM PERFORMANCE STANDARD: ANSI standard Z245.30 requires that after testing the cart should not suffer any damage or permanent deformation such that it cannot be safely used in normal operation. ANSI Z245.60 establishes dimensional requirements for the cart. TEST PROCEDURE (Meets the requirements of ANSI Z245.30): l . The test is conducted at room temperature. 2. A standard fully automated cart lifter is used. This lifter is compatible with all currently used carts. The lifting mechanism is attached to the frame of a waste collection truck which allows the cart to be emptied and then reloaded on each cycle. 3. The cycle time is greater than eight seconds, as required in the standard. 4. The cart is loaded with inert material at the standard load capacity as indicated in ANSI standard according to the rated size of the container. The loading material is to occupy at least 70% of the volume of the cart. 5. The cart is positioned in front of the lifting mechanism and is then lifted by the lifting mechanism to empty the cart into a bin. The cart is set down onto a concrete surface and the cycle start over again. 6. Inspections are made whenever any change is noticed and after every 100 lifts. 7. Failure is judged to be cracks, holes or other induced defects or deformations in the cart that would prevent the can's use as a waste cart and be emptied by the automated method. Note: Tested with Labrie Environment loading arm model #BCB01100-06 s/n #0909RH00022 1 TEST RESULTS: 349 Ibs)) Cycles Comments Performance (350 lbs load (rated at 3.5lbs/gal = 100 No significant damage 200 No damage 300 No damage 400 No damage 500 No damage 520 No significant damage cart operates acceptably SUMMARY: No significant damage was seen and so the cart passed the ANSI Z,245.30 and Z245.60 standards for minimum performance. Benoit "i°ad 1,)ot 13 ing. Atlantest 1580 Principal Avenue St-Malachie, QC GOR 3N0 u TESTING REPORT DATE: May 12" 2014 SUBJECT: Waste carts PRODUCT IDENTIFICATION: IPL 60204 TEST: LOADING AND UNLOADING (CYCLE TEST) — SEMI -AUTOMATED AMERICAN MODEL (ANSI Z245.30 APPENDIX D) TEST DESCRIPTION: The loading and unloading testis designed to approximate the useful life of a cart (10 years) in the actual lifting that is performed when emptying the cart into a semi -automated truck (American model). This test is useful in assessing the overall design (such as the lid fit, handle material and hinge mechanism, wheel assembly strength, eta) and overall durability. MINIMUM PERFORMANCE STANDARD: ANSI standard Z245.30 requires that aftertesting the cart should not suffer any damage or permanent deformation such that it cannot be safely used in normal operation. ANSI Z245.60 establishes dimensional requirements for the cart. TEST PROCEDURE (Meets the requirements of ANSI Z245.30): I . The test is conducted at room temperature. 2. A standard semi -automated cart lifter is used. This lifter is compatible with all currently used carts. The lifting mechanism is attached to the frame of a waste collection truck which allows the cart to be emptied and then reloaded on each cycle. 3. The cycle time is greater than eight seconds, as required in the standard. 4. The cart is loaded with inert material at the standard load capacity as indicated in ANSI standard according to the rated size of the container. The loading material is to occupy at least 70% of the volume of (lie cart. 5. The cart is positioned in front of the lifting mechanism and is then lifted by the lifting mechanism to empty the cart into a bin. The cart is set down onto a concrete surface and the cycle start over again. 6. Inspections are made whenever any change is noticed and after every 100 lifts. 7. Failure is judged to be cracks, holes or other induced defects or deformations in the cart that would prevent the carts use as a waste cart and be emptied by the semi -automated method. Note: Tested with a truck from the company RCI truck # 223 plated L516940 TEST RESULTS: 349 Ibs)) Q cgjtsL.� ._. 0111 gents on Perf rmtuice (350 lbs load (rated at 3.51bs/gal 100 No significant damage 200 No damage 300 No damage 400 No damage 500 No damage 520 No significant damage — cart operates acceptably SUMMARY: No significant damage was seen and so the cart pas9ed the ANSI Z245.30 and Z245.60 standards for minimum performance. r�tt�t. l albot Cl ing Atlantest 1580 Principal Avenue St-Malachle, QC GOR 3NO TESTING REPORT DATE:May 121' 2014 SUBJECT: Waste carts PRODUCT IDENTIFICATION: IPL 60204 'TEST: LOADING AND UNLOADING (CYCLE TEST) — SEMI -AUTOMATED EUROPEAN MODEL (ANSI Z245.30 APPENDIX D) TEST DESCRIPTION: The loading and unloading testis designed to approximate the useful life of a cart (10 years) in the actual lifting that is performed when emptying the cart into a semi -automated truck (European model). This test is useful in assessing the overall design (such as the lid fit, handle material and hinge mechanism, wheel assembly strength, etc.) and overall durability. MINIMUM PERFORMANCE STANDARD: ANSI standard Z245.30 requires that aftertesting the cart should not suffer any damage or permanent deformation such that it cannot be safely used in normal operation. ANSI Z245.60 establishes dimensional requirements for the cart. TEST PROCEDURE (Meets the requirements of ANSI Z245.30): 1. The test is conducted at room temperature. 2. A standard semi- automated cart lifter is used. This lifter is compatible with all currently used carts. The lifting mechanism is attached to the frame of a waste collection truck which allows the cart to be emptied and then reloaded on each cycle. 3. The cycle time is greater than eight seconds, as required in the standard. 4. The cart is loaded with inert material at the standard load capacity as indicated in ANSI standard according to the rated size of the container. The loading material is to occupy at least 700/0 of the volume of the cart. 5. The cart is positioned in front of the lifting mechanism and is then lifted by the lifting mechanism to empty the cart into a bin. The cart is set down onto. a concrete surface and the cycle start over again. 6. Inspections are made whenever any change is noticed and after every 100 lifts. 7. Failure is judged to be cracks, holes or other induced defects or deformations in the cart that would prevent the cam's use as a waste cart and be emptied by the semi -automated method. Note: Tested with RCI truck 4 228 plated L516940 TEST RESULTS:. 349 lbs)) "yp� ........ ..... 4_ aar Rl tts elf l rfd irotan (350 JIM load (watcd at 3.5Ibs/gal = 100 No significant damage 200 No damage 300 No damage 400 No damage 500 No damage 520 No significant damage — cart operates acceptably SUMMARY: No significant damage was seen and so the cart gass¢d the ANSI Z245.30 and Z245.60 standards for minimum perfonnance. Benoit Ing. tlantest 150 Principal Avenue St-Malachie, QC GOR 3N0 Atlantest TESTING REPORT DATE: May 12`h 2014 SUBJECT: Waste carts PRODUCTIDENTIFICATION: IPL 60204 TEST: CENTER OF BALANCE POSITION (ANSI Z245.30 APPENDIX E) TEST DESCRIPTION: To determine the height of the handle of a two -wheeled container at the center -of -balance position. This height affects the ease of operation of the cart. MINIMUM PERFORMANCE STANDARD: According to the ANSI standard Z245.30, when in the center -of -balance position, the minimum height is to be 29 inches. The maximum height is to be 40 inches when in the center -of -balance position. ANSI Z245.60 establishes dimensional requirements for the cart. TEST PROCEDURE (Meets the requirements of ANSI Z245.30): I . The test to be conducted on a hard, flat surface. 2. Block the wheels so that the cart will not roll. 3. Tip the cart slowly, rotating the cart on the wheels, to the center balance position. This position is determined as the position where the cart has a tendency to remain in a balanced (neutral) position, not tipping forward or backward. 4. When in the center balance position, place blocks under the container to maintain in balanced position. 5. Measure the distance vertically from the ground plane to the center line of the handle of the cart. The accuracy of measurement is to be f0.25 inches. 6. Repeat steps 3, 4 and 5 two more times and then average the results for the three determinations. TEST RESULTS: The result is: Average = 36.5 inches SUMMARY: The carts passed the ANSI Z245.30 and Z245.60 standards. enoit Talbot 0 Ing. � Atlantest 1580 Principal Avenue St®Malacliie, QC GOR 3N0 Atlantest TESTING REPORT DATE: May 12`h 2014 SUBJECT: Waste carts PRODUCT IDENTIFICATION: IPL 60204 TEST: FORCE TO TIP (ANSI Z245.30 APPENDIX F) TEST DESCRIPTION: To measure the strength required to start container movement to the balance point and to ensure that the force is not greater than an established limit. This force relates to the ease of operation of the cart. MINIMUM PERFORMANCE STANDARD: According to ANSI Z245.30, the force must not exceed 120 pounds force. ANSI Z-245.60 establishes dimensional requirements for the cart. TEST PROCEDURE (Meets the requirements of ANSI Z245.30): 1. The cart is to be loaded with a standard load. The load to occupy at least 70% of the capacity of the cart. 2. The ground to be level and with a smooth horizontal surface having less than a 1 ° slope. 3. The cart is to be blocked to prevent movement of the wheels. 4. A spring scale device is attached to the handle of the cart. (The force -measuring device to have an accuracy better than f3%.) The cartis then tipped by pulling on the force - measuring device, until the cart is in the balanced position. The angle of pull, that is, the tipping force direction, is to be horizontal with less than 12° to all sides. (The position where the cart does not tend to move either forward or backward but remains in a balanced position.) The maximum force during the pull is noted. 5. Repeat step 4 so that three determinations are made. 'These results are averaged. 6. The test is to be conducted at room temperature. TEST RESULTS: The tipping forces were as follows: Average = 78 pounds. SUMMARY: The carts passed the ANSI Z245.30 and Z245.60 standards at or above the minimum requirements. Benoit I'albotmB Inge....N......_........... ,ry Atlantest 1580 Principal Avenue St- alachle, QC GOR 3N Atlantes"t TESTING REPORT DATE: May 12`h 2014 SUBJECT: Waste carts PRODUCT IDENTIFICATION: IPL 60204 TEST: LID TEST (ANSI Z245.30 APPENDIX G) TEST DESCRIPTION: To detennine if a container lid will sustain the weight of an average child (approximately 80 pounds) without collapsing into the container. MINIMUM PERFORMANCE STANDARD: According to ANSI Z245.30, the lid of the cart must withstand a load of 80 pounds during a period of at least 15 minutes without collapsing or allowing the loading weight to fall into the container. ANSI Z-245.60 establishes dimensional requirements for the cart. TEST PROCEDURE (Meets the requirements of ANSI Z245.30): 1. The cart is placed on a smooth, level, horizontal surface. 2. An 8 inches rigid disk is placed on top of the lid of the cart in its center position and a weight of 80 pounds is placed on top of the disk. 3. The test is to be conducted at room temperature. TEST RESULTS: The lid did not collapse or excessively deflect during the test. SUMMARY: The carts passed the test at or above minimum requirements as specified in ANSI Z245.30 and Z245.60. Benoit Talbot B Ing. Atlantest 1580 Principal Avenue St-Malachie, QC GOR 3NO wit Innovative Plastic Leaders October 28th, 2016 Topic: Resin and UV additives shall be mixed in a molten using hot -melt compounding process Dear client: In response to your request, we are pleased to provide the following information: The UV stabilisation of the HDPE grade HD-6706.17 used to make cart lids is done by adding a UV masterbatch at the hopper of the injection molding machine. All additives are blend with a gravimetric blender to assure additive consistency. The blend is mixed and hot -melted in the screw of the injection screw. The cart body is made using HD-6601.29 which is a fully UV stabilized HDPE. Imperial oil letter of March 26th 2014 written by Ron Cooke address the technical performance of that grade. The above mentioned information does not constitute a warranty from IPL INC. nor should it be interpreted as such since it is based on third party information, without any due diligence review by IPL INC. I trust this information will be sufficient for your needs, but if you have any questions or comments about the above or if we can be further assistance, please contact me. Respectfully, Rodrick Levesque Eng. M.Sc. Materials Specialist Advanced engineering IPL Inc. Rod rick. LevescueU-plastwcs.corn IPL 140, Commerciale Street, Saint -Damien QC Canada GOR 2Y0 Tel : (418) 789-3651 - 1 800 463-0270 - Fax : (418) 789-1326 - www ipl-plastics. corn (E) Imperial Oil Imperial Oil Ronald Cooke Tel: (519) 339-5649 Products and Chemicals Division Research Associate 453 S. Christina Street, P.O. Box 3022 Rotational & Injection Molding Sarnia, Ontario Polymers Technology Centre Canada N7T 8C8 March 26, 2014 Statement of SuitabilitV of ExxonMobil HD 6601.29 for Waste Carts Mr. A. Forest Purchasing Manager IPL Inc. 570 President -Kennedy Levis, QC, G6C 1 M9 Dear Alain, This is in response to your request for a statement of quality and suitability of ExxonMobil HD 6601.29, the material intended for use in molded waste carts. Quality Control HD 6601.29 is a narrow molecular weight, hexene copolymer injection molding HDPE grade. We manufacture this product in the gas -phase UnipolTM process, recognized in the injection molding market for processing consistency. The sales specification limits for this product are as follows: Test [: et ...nits Tar iAA� .m.....mmlmlm.11llll.l.�wwwlllllllww. Max r tr D-1238 Melt Index (190,2.16) g/ 10 min 5.0 4.5 5.5 Density ExxonMobil g/ cc 0.948 0.946 0.950 Method *ASTM method may be modified to accommodate operating conditions or facility limitations A Certificate of Analysis may be provided with each order upon or preceding delivery of the material. Our manufacturing facility is ISO 9001-2000 certified. N;R2'iDYWI „�., ^u l,Au:d ill ulp n[a ll 1111I', II I I I' I I rYIIJ, l rlti' 11111 i I Ilu,R I,, spil I I llr11 11Id=rrl 4,11 I I li iI, Ir'r,,, I.,I ul l lti ","11"?, I 1, iI, ,I rY iu ,Irmutl C I,p urt1,70 11111 N 1 ,IY➢urld11 1 I n rmI if , III OaIl,alI n III u. 11 YN al'u, r udlua , n ,I11 fq' I 1 + :yd ,(n Id B, filly o* I. y 1u➢nyp Ir. 1 ul INI9� 1 rl. .�ru,I,V f v n .11,u11abfliI)f, III1 I?ar ur 1 N N 0 fAa und^, I Near, y uN,pI. noble lu. tidy �. a or :I l rn r Y rru 1"^^l l rr i � Il ut.� . ;.,.n I . l � Ia111 O �vh,II l� I, a ;ai�iV' I � 'ta , ,� f uY *v,al �.c. iu huh 1h, a 1 « t IThl111hv P, „ a , "u ' 'VOW 1:: .NY I , li,Cr'A' :a wj A'� „i NI"yet.. `I II"p, T "hY WN y l "'P'11 k➢ 1"I YII''41 tl! I iov 'Nb N 1Y 1 NfY �NbY ', N 11 u.? 1 Y , Letter to Alain Forest, Cont'd Page 2 .... .... �m�m�mmnmm�mmmmiimlmm�mlM1"fPoi...... ...........,,..............................._....................... IlhhhhhhhfillllllllllRIIITi�'Gifi UV and Thermal Stabilization When supplied as product code HD 6601.29, the resin is stabilized with a very robust antioxidant additive package to protect the resin in storage and during the injection molding process at recommended temperatures. Additionally, the resin is stabilized with UV inhibitors to protect the finished product from degradation when exposed to solar radiation. The current formulation is rated to offer a minimum performance of UV-15, representing a standard industry protocol that is translated as "retention of 50% (min) of original tensile elongation after continuous exposure to 15,000 hours of simulated UV radiation". For this test standard ExxonMobil uses Xenon Weather-0- Meter with irradiation setting of 0.35 Watts per square meter and UV bulb emitting at 340 nm wave length. The additive formulation of HD 6601.29 is considered proprietary to ExxonMobil and we are therefore not at liberty to disclose any specific information about the additives used. ExxonMobil has ongoing research and development relationships with leading suppliers of UV additive chemistry and we believe to be at the leading edge of stabilization additives for polyolefins. Note that Imperial Oil uses a hot melt compounding process to add their additive package to the HD 6601.29 product. Other Rego nition HD 6601 has been tested by the Underwriters Laboratories and is recognized under QMFZ2 for flammability class 94 Horizontal Burning. You may reference www.ul.com for verification under file number El 17534 listed for ExxonMobil Chemical Canada. I trust this meets with your requirements. If additional information is required, please do not hesitate t6 contact me. Sincerely, Ron Cooke Research Associate ', /IC1 1 a .I, GkalaI p,r. 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