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HomeMy Public PortalAbout033-2016 - Sanitary - JCI Jones Chemicals - Treatment PlantAGREEMENT ORIGINAL THIS AGREEMENT made and entered into this O� day of &r Y-I \ , 2016, and referred to as Contract No. 33-2016 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (referred to as the "City"), and JCI Jones Chemical, Inc., 600 Bethel Avenue, Beech Grove, IN 46107 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor for the furnishing of Liquid Chlorine and Sulfur Dioxide to be delivered directly to the City's Wastewater Treatment Plant and transferred to the District's bulk storage tanks in accordance with the Minimum Specifications, which are attached hereto and incorporated by reference herein as Exhibits "A" and `B". Contractor shall attach a MSDS sheet upon delivery of the above -referenced products. Contractor shall further perform a bench test at least once per year to determine performance and requirement of the product for the benefit of the City at no cost to the City. City shall have the unlimited discretion to refuse to take delivery of the products due to unsafe conditions associated with the products and/or delivery of the same; and if the City chooses to exercise its option to refuse to take delivery of the products, it shall not be held responsible for any charges associated therewith. Contractor shall supply experienced/safe drivers and equipment in performing its duties associated with this Agreement. Contractor shall set forth the delivery time within three (3) days subsequent to its receipt of any order placed by City relative to this Agreement. Requests for Quotes for both of the above -referenced products have been made available for inspection by Contractor, are on file in the office of the Department of Sanitation for the City of Richmond, consisting of two (2) typewritten pages each, which are attached hereto and incorporated by reference herein as Exhibit "C" and "D". The response of Contractor to said Requests for Quotes are attached hereto and incorporated by reference herein as Exhibit "C" and "D", consisting of one (1) typewritten page each. Should any provisions, terms, or conditions contained in any of the documents attached hereto and incorporated by reference herein as Exhibits, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. Contractor shall submit statements or bills monthly. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance and/or warranties; 2. The City is in receipt of any required affidavit(s) signed by Contractor in accordance with I.C. § 22-5-1.7-11(a)(2); and 3. A purchase order has been issued by the Purchasing Department. SECTION 11. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. Contract No. 33-2016 Page SECTION III. COMPENSATION City shall pay Contractor at the rates indicated in Exhibit "C" and "D". Specifically, City shall pay the sum of Four Hundred Fifty Dollars and 00/100 ($450.00) per ton of chlorine with an estimated amount to be Thirty (30) tons of product per year. City shall pay the sum of Six Hundred Forty- five Dollars and 00/100 ($645.00) per ton of Sulfur Dioxide with an estimated amount to be Thirty- five (35) tons of product per year. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all of the parties hereto and shall continue in effect until to an including December 31, 2016 with an option to renew for two (2) additional years with the expiration of the third (3") year ending on March 31, 2019, unless the parties extend this Agreement by a written and signed Addendum. The Agreement shall automatically be renewed each year, unless, by written notice more specifically set forth in this Section below, is issued by either party to the other. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least thirty (30) days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. This Agreement may also be terminated by either the City or the Contractor, without cause, by giving at least thirty (30) days written notice to the other party. In the event of termination of this Agreement, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of 2 1 Page this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 aggregate F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence $2,000,000 aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify 3 1 Page program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5- 1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION VIH. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event Board determines during the course of this Agreement that this certification is no longer valid, Board shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the Board that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the Board may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the Board determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the Board reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION IX. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each 4 1 Page calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION X. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XI. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 5 I Page IN WTI'NESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" The City of Richmond, Indiana, by and through its Board of t Commissioners Sue Miller, President Dated: APPROVED: ��Dave,Ma Dated: q - Zc�. "CONTRACTOR" JCI Jones Chemical, Inc. By: s (Printed):_�� Title: ('n 60(- Dated: 25 / -T- 6 1 Page PROPOSAL SHEET FOR CHLORINE (Clz) DESCRIPTION Estimated 30 +/- tons of Chlorine per year $ Y50#00 /ton Tank Deposit (if any) $ W% 14 /ton Each vendor shall attach the chemical analysis of his material to proposal sheet. Each vendor shall attach a MSDS sheet upon delivery of the product. Each vendor shall state the time period for which the quoted price shall remain valid. Vendor may be required to submit samples of technical evaluation prior to quote award. Testing to be performed by independent lab at no cost to RSD. Quote will be for three (3) year period of time after award of quote (approximately 4/1/16 to 3/31/19). If emergencies occur with Vendor's manufacturer and/or manufacturing of the product, the Vendor will be held responsible for providing product to the District at quoted price. Vendor is to include all shipping costs in the price quote. Richmond Sanitary District will not pay any shipping. Vendor is -to include all tank deposit charges in the price quote if any Richmond Sanitary District has authority to refuse delivery due to unsafe manner and not be held responsible for any charges. Vendor is to supply experienced/safe drivers and equipment. Vendor is to state delivery time after receipt. of order 0?'3 �19 Authorized Signatur Date �L7JLA- Contact Person JCT , jif)1 po c, kW—h& Company Name . _314 a Phone Number I MINIMUM SPECIFICATION FOR LIQUID CHLORINE (Clz) Bidder Complies YES NO Liquid Chlorine shall be 99.5% minimum (by volume) and not have a moisture content exceeding 0.01 %. chlorine to be delivered in standard one- ton containers. chlorine containers and valves shall meet AWWA, DOT, and Federal Standards for Chlorine Institute. Delivery shall be made by vehicles properly equipped to unload one -ton containers, District has overhead crane inside building for off-loading. Truck trailer must be able to navigate through -overhead doors. Delivery shall not be made at the convenience of the Vendor. They shall be made within a reasonable length of time following either a written or telephoned order from the District. The District will admit delivery from 7:30 am to 1:3.0 pm, Monday through Friday, (unless Holiday). CERTIFICATE OF COMPLIANCE Certificate Number 20140416-MH18026 Report Reference MH18026-20020716 Issue Date 2014-APRIL-16 Issued to: JCI JONES CHEMICALS INC 1765 RINGLING SLVD SARASOTA FL 34236 This is to certify that DRINKING WATER TREATMENT CHEMICALS representative samples of Sunny Sol® Chlorine Have been investigated by UL in accordance with the Standard(s) indicated on this Certificate. Standard(s) for safety: NSF/ANSI 60 - Drinking Water Treatment Chemicals - Health Effects Additional Information: See the UL Online Certifications Directory at www.ul.com/database for additional information Only those products bearing the UL Classification Mark for the U.S. and Canada should be considered as being covered by UL's Classification and Follow -Up Service and meeting the appropriate U.S. and Canadian requirements. The UL Classification Mark includes: the UL in a circle symbol: °i with the word "CLASSIFIED" (as shown); a control number (may be alphanumeric) assigned by UL; a statement to indicate the extent of UL's evaluation of the product; and the product category name (product identity) as indicated in the appropriate UL Directory. The UL Classification Mark for Canada includes: the UL Classification Mark for Canada: _ °� with the word "CLASSIFIED" (as shown); a control number (may be alphanumeric) assigned by UL; a statement to indicate the extent of UL's evaluation of the product: and the product category name (product identity) in English, French, or English/French as indicated in the appropriate UL Directory. Look for the UL Classification Mark on the product. This is to certify that representative samples of the product as specified on this certificate were tested according to the current UL requirements. /P 41 @ William R. Camey. Director, Nodh American Certification ProgramsS Ft,q UL LLC , ab Any information and d.werenulion involving UL Mark services are provided on behalf of UL LLC (UL) or any authorized licensee of UL. For questions, please - - contact a local UL Customer Service Representative atw ul.eaWJE Uclus Page 1 of 1 Chlorine, gaseous Product Specification Description This raw material is manufactured resulting in a green -yellow gas or when compressed, an amber liquid. It has a pungent, irritating odor, is considered toxic by inhalation. It is noncombustible by itself, yet supports combustion through oxidation. This specification is cited in part to conform to Environmental Protection Agency criteria for use in the manufacture of sodium hypochlorite. JCI Jones Chemicals, Inc. will set specifications for raw materials at its discression according to a set specification criteria and intent of use. Specification Chlorine (gaseous) -C12 99.8% minimum Color (as gas) Green -Yellow _ - -- - - Color (as gas) , --- _. -- - - -- - . Amber Odor Pungent, irritating Organic Impurities Chloroform 100 ppm maximum Carbon Tetrachloride 100 ppm maximum Inorganic Impurities Nitrogen Trichloride 10 ppm maximum Bromine 500 pprn maximum Non-volatile Residue 150 ppm maximum For Chemical Emergency Spill, Leak, Fire, Exposure or Accident,Call CHEMTREC, Day/Night at 800.424.9300. Always read and follow the product label and Material Safety Date Sheet (MSDS) that are shipped with each order. The information presented herein is based on data considered to be accurate and that reflects the requirements of the OSHA Hazard Communication Standards in effect as of the date of preparation of this Product Specification Sheet. However, no warranty or representation, express or implied, is made as to the accuracy or completeness of the foregoing data and safety information. In addition, no responsibility can be assumed by vendor for any damage or injury resulting from abnormal use, from any failure to adhere to recommended practices or from any hazards inherent in the nature of the product. © 2001. JCI Jones Chemicals, Inc. All Rights Reserved. 41 jori schcmialk Inc 1. Identification Product identifier Other means of identification SDS number Recommended use Recommended restrictions Company name Address General Information Telephone Website Emergency phone number 2. Hazard(s) identification Physical hazards Health hazards OSHA defined hazards Label elements Signal word Hazard statement Precautionary statement SAFETY DATA SHEET CHLORINE 1001004 Disinfection of Drinking Water, Sewage & Wastewater Effluent Treatment. Please contact JCI Jones Chemicals, Inc. for additional recommended uses. None known. JCI Jones Chemicals, Inc. 1765 Ringling Boulevard Sarasota, FL 34236 (800) 477-1078 www.jcichem.com CHEMTREC US: 1-800-424-9300 Oxidizing gases Gases under pressure Acute toxicity, inhalation Skin corrosion/irritation Serious eye damage/eye irritation Canada: 1-800-567-7455 Category 1 Liquefied gas Category 2 Category 1 Category 1 Specific target organ toxicity, single exposure Category 3 respiratory tract irritation Specific target organ toxicity, repeated Category 1 (Lung) exposure Not classified. Danger May cause or intensify fire; oxidizer. Contains gas under pressure; may explode if heated. Causes severe skin burns and eye damage. Fatal if inhaled. May cause respiratory irritation. Causes damage to organs (lung) through prolonged or repeated exposure. Prevention Keep/Store away from cloth ing//combustible materials. Keep reduction valves/valves and fittings free from oil and grease. Do not breathe gas. Use only outdoors or in a well -ventilated area. Do not eat, drink or smoke when using this product. Wear protective gloves/protective clothing/eye protection/face protection. Wear respiratory protection. Wash thoroughly after handling. Response In case of fire: Stop leak if safe to do so. Get medical advice/attention if you feel unwell. If inhaled: Remove person to fresh air and keep comfortable for breathing. If swallowed: Rinse mouth. Do NOT induce vomiting. If on skin (or hair): Take off immediately all contaminated clothing. Rinse skin with water/shower. If in eyes: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Immediately call a poison center/doctor. Specific treatment is urgent. Wash contaminated clothing before re -use. Storage Store in a well -ventilated place. Keep container tightly closed. Store locked up. Disposal Dispose of contents/container in accordance with local/regional/national/international regulations. Hazards) not otherwise Not classified. classified (HNOC) Environmental hazards Hazardous to the aquatic environment, acute Category 1 hazard Supplemental information Hazard symbol Hazard statement Very toxic to aquatic life. Precautionary statement Prevention Avoid release to the environment. Response Collect spillage. 3. Composition/information on ingredients Substances Chemical name Common name and CAS number % synonyms CHLORINE 7782-50-5 98-100 4. First -aid measures Inhalation Move to fresh air. If breathing is difficult, give oxygen. If breathing stops, provide artificial respiration. Get medical attention immediately! Skin contact Immediately flush with plenty of water for at least 15 minutes while removing contaminated clothing and shoes. Get medical attention immediately! Chemical burns must be treated by a physician. Wash contaminated clothing before reuse. Eye contact Immediately flush eyes with plenty of water for at least 15 minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Get medical attention immediately. Ingestion Ingestion is not a typical route of exposure for gases or liquefied gases. Contact with liquid form may cause frostbite. Immediately call a poison control center or doctor for treatment advice. Most important Contact with this material will cause burns to the skin, eyes and mucous membranes. symptoms/effects, acute and Unconsciousness. Cough, shortness of breath, headache, nausea, vomiting. May cause lung delayed damage. Indication of immediate For liquid contact, treat the affected person for frostbite if necessary. If the product is ingested, medical attention and special probable mucosal damage may contraindicate the use of gastric lavage. Treat the affected person treatment needed appropriately. Provide general supportive measures and treat symptomatically. Symptoms may be delayed. General information Ensure that medical personnel are aware of the material(s) involved, and take precautions to protect themselves. 5. Fire -fighting measures Suitable extinguishing media Use fire -extinguishing media appropriate for surrounding materials. Unsuitable extinguishing Direct water spray. Direct water spray jet. media Specific hazards arising from May cause fire or explosion; strong oxidizer. Contents under pressure. Pressurized container may the chemical explode when exposed to heat or flame. Contact with reactive metals e.g., aluminum, zinc and tin may result in the generation of flammable hydrogen gas. Water used for fire extinguishing, which has been in contact with the product, may be corrosive. Water spray on active leak may promote accelerated corrosion of container and accelerate rate of leakage. Special protective equipment Wear full protective clothing, including helmet, self-contained positive pressure or pressure and precautions for firefighters demand breathing apparatus, protective clothing and face mask. Additional protective clothing must be worn to prevent personal contact with this material. Those items include but are not limited to: boots gloves, hard hat, splash -proof goggles, full face shield and impervious clothing, i.e. chemically impermeable suit. Compatible materials for response to this material are neoprene and butyl rubber. Fire -fighting In case of fire and/or explosion do not breathe fumes. Remove pressurized gas cylinders from the equipmentlinstructions immediate vicinity. Cylinders can burst violently when heated, due to excess pressure build-up. Cool containers / tanks with water spray. Evacuate area and fight fire remotely due to the risk of explosion. 6. Accidental release measures Personal precautions, Immediately evacuate personnel to safe areas. Many gases are heavier than air and will spread protective equipment and along ground and collect in low or confined areas (sewers, basements, tanks). Keep people away emergency procedures from and upwind of spill/leak. Keep out of low areas. Keep unnecessary personnel away. Ventilate closed spaces before entering them. Wear appropriate protective equipment and clothing during clean-up. Local authorities should be advised if significant spillages cannot be contained. For response to Chlorine gas it is recommended to use as a minimum level "B " protection that is compatible to Chlorine. For Liquid spills it is recommended to utilize as a minimum enhanced level "B" (Enhanced Level "B" is the addition of a splash hood). Do not touch damaged containers or spilled material unless wearing appropriate protective clothing. Responders can reference Chlorine Institute pamphlet#65 on PPE. Methods and materials for Extinguish all flames in the vicinity. Keep combustibles (wood, paper, oil, etc.) away from spilled containment and cleaning up material. Ventilate well, stop flow of gas or liquid if possible. If possible, turn leaking containers so that gas escapes rather than liquid. Dike far ahead of spill for later disposal. Isolate area until gas has dispersed. Neutralize spilled material with crushed limestone, soda ash or lime. Collect spillage. Never return spills to original containers for re -use. Clean up in accordance with all applicable regulations. For waste disposal, see section 13 of the MSDS. Environmental precautions Avoid discharge into drains, water courses or onto the ground. Contact local authorities in case of spillage to drain/aquatic environment. 7. Handling and storage Precautions for safe handling Avoid heat, sparks, open flames and other ignition sources. Keep away from clothing and other combustible materials. Use only chlorine -compatible lubricants. Do not use greases and oils. Do not breathe gas. Do not get in eyes, on skin, on clothing. Use in a sealed system and/or a well -ventilated area. Wear appropriate personal protective equipment. Observe good industrial hygiene practices. Avoid release to the environment. Conditions for safe storage, Contents under pressure. Keep away from heat, sparks and open flame. Secure cylinders in an including any incompatibilities upright position at all times, close all valves when not in use. Store in a well -ventilated place. Store away from incompatible materials. Store at temperatures not exceeding 55°C/131 °F. For the above specified temperature the system pressure is 225 psig (1551kPa). 8. Exposure controls/personal protection Occupational exposure limits US. OSHA Table Z-1 Limits for Air Contaminants (29 CFR 1910.1000) Material Type Value CHLORINE (CAS Ceiling 3 mg/m3 7782-50-5) 1 ppm US. ACGIH Threshold Limit Values Material Type Value CHLORINE (CAS STEL 1 ppm 7782-50-5) TWA 0.5 ppm Biological limit values No biological exposure limits noted for the ingredient(s). Exposure guidelines Check State and local regulations for other applicable exposure limits. Appropriate engineering Should be handled in closed systems, if possible. Provide adequate ventilation. Observe controls Occupational Exposure Limits and minimize the risk of inhalation. Eye wash facilities and emergency shower must be available when handling this product. Individual protection measures, such as personal protective equipment Eye/face protection Wear goggles/face shield. Gas -proof goggles are recommended. Skin protection Hand protection Wear cold insulating gloves. Suitable gloves can be recommended by the glove supplier. Other Wear appropriate chemical resistant clothing. Respiratory protection If engineering controls do not maintain airborne concentrations below recommended exposure limits (where applicable) or to an acceptable level (in countries where exposure limits have not been established), an approved respirator must be worn. Thermal hazards Wear appropriate thermal protective clothing, when necessary. General hygiene Do not eat, drink or smoke when using the product. Always observe good personal hygiene considerations measures, such as washing after handling the material and before eating, drinking, andlor smoking. Routinely wash work clothing and protective equipment to remove contaminants. 9. Physical and chemical properties Appearance Compressed liquefied gas. Physical state Gas Compressed, liquified. Form Liquefied gas. Color Yellow green. Odor Pungent. Odorthreshold 1.7 ppm pH Not available. Melting pointifreezing point -149.8 °F (-101 °C) (1 atm) Initial boiling point and boiling -29.27 °F (-34.04 °C) (1 atm) range Flash point Not applicable. Evaporation rate Not available. Flammability (solid, gas) Not available. Upper/lower flammability or explosive limits Flammability limit - lower Not applicable. (%) Flammability limit - lower Not applicable. (%) temperature Flammability limit - upper Not applicable. (%) Flammability limit - upper Not applicable. (%) temperature Explosive limit - lower (%) Not available. Explosive limit - upper (%) Not available. Vapor pressure 113 psia (25°C/77°F) 779 kPa (25 °C/77 T) 4800 mm Hg (25°C/77°F) Vapor density 2.5 Relative density Not available. Solubility(ies) Partition coefficient (n-octanol/water) Auto -ignition temperature Decomposition temperature Viscosity Other information Bulk density Density Heat of vaporization Molecular formula Molecular weight 10. Stability and reactivity Reactivity Chemical stability Possibility of hazardous reactions 0.73 g/100g H2O (20°C/68°F) (760 mm Hg) Not available. Not available. Not available. Not available. 88.76 Ib/ft' 59.8 T (15.6 °C) 0.76 Ib/ft' 32 T (0 °C) 53.51 psia 123.9 BTU/lb Cl2 70.906 g/mol Contact with combustible material may cause fire. Stable under normal temperature conditions and recommended use. Hazardous polymerization does not occur. Conditions to avoid Avoid heat, sparks, open flames and other ignition sources. Titanium will react vigorously, resulting in spontaneous ignition, when contacted by Dry Chlorine. Combustion will be supported in carbon steel systems and equipment containing a Chlorine environment at temperatures greater than 480 °F (248.9 °C). Properly purge systems and equipment PRIOR to conducting Hot Work. Incompatible materials Reducing agents. Organic material. Alkalis. Hazardous decomposition Hydrogen chloride. Hypochlorous acid. products 11. Toxicological information Information on likely routes of exposure Ingestion Causes digestive tract burns. Inhalation Fatal if inhaled. Irritating to respiratory system. Skin contact Contact with liquefied gas can cause damage (frostbite) due to rapid evaporative cooling. Eye contact Contact with liquefied gas can cause damage (frostbite) due to rapid evaporative cooling. Can cause blurred vision, redness, pain, severe tissue burns and eye damage. Symptoms related to the Contact with this material will cause burns to the skin, eyes and mucous membranes. Cough, physical, chemical and shortness of breath, headache, nausea, vomiting. May cause lung damage. Unconsciousness. toxicological characteristics Information on toxicological effects Acute toxicity Product Fatal if inhaled. Irritation Threshold: approximately 0.5 ppm Immediately Dangerous to Life or Health: 10.0 ppm. Species Test Results CHLORINE (CAS 7782-50-5) Acute Inhalation LC50 Rat 293 ppm, 1 hr Skin corrosion/irritation Causes severe skin burns. Serious eye damage/eye Causes serious eye damage. irritation Respiratory sensitization No data available. Skin sensitization No data available. Germ cell mutagenicity No data available to indicate product or any components present at greater than 0.1 % are mutagenic or genotoxic. Carcinogenicity This product is not considered to be a carcinogen by IARC, ACGIH, NTP, or OSHA. Reproductive toxicity No data available. Specific target organ toxicity - Not available. single exposure Specific target organ toxicity - Causes damage to organs (lungs) through prolonged or repeated exposure. repeated exposure Aspiration hazard Due to the physical form of the product it is not an aspiration hazard. Chronic effects Prolonged exposure may cause chronic effects. Further information Be aware that symptoms of lung edema (shortness of breath) may develop up to 24 hours after exposure. 12. Ecological information Ecotoxicity Very toxic to aquatic life with long lasting effects. Product Species Test Results CHLORINE (CAS 7782-50-5) Aquatic Crustacea LC50 Fish LC50 Pacific oyster (Crassostrea gigas) Water flea (Daphnia magna) Bluegill (Lepomis macrochirus) Bullhead, catfish (Ictalurus sp.) Yellow perch (Perca flavescens) Persistence and degradability No data available. Bioaccumulative potential Will not bio-accumulate. 637.5 mg/l, 1 hours 0.017 mg/I, 46 hours 0.44 mg/I, 96 hours 0.07 mg/I, 96 hours 0.88 mg/I, 1 hours Mobility in soil The Gas will disperse in the air. This product is miscible in water. Other adverse effects No data available. 13. Disposal considerations Disposal instructions Return the empty cylinder to the supplier. Disposal recommendations are based on material as supplied. Disposal must be in accordance with current applicable laws and regulations, and material characteristics at time of disposal. Local disposal regulations Dispose in accordance with all applicable regulations. Hazardous waste code D002: Waste Corrosive material [pH —2 or=>12.5, or corrosive to steel] Waste from residues / unused Dispose of in accordance with local regulations. Empty containers or liners may retain some products product residues. This material and its container must be disposed of in a safe manner (see: Disposal instructions). Avoid discharge into water courses or onto the ground. Contaminated packaging Since emptied cylinders may retain product residue, follow label warnings even after cylinder is emptied. 14. Transport information DOT UN number UN1017 UN proper shipping name Chlorine Transport hazard class(es) 2.3 Subsidiary class(es) 5.1, 8 Packing group Not available. Environmental hazards Marine pollutant Yes Special precautions for user Read safety instructions, SDS and emergency procedures before handling. Special provisions 2, B9, B14, N86, T50, TP19 Packaging exceptions None Packaging non bulk 304 Packaging bulk 314,315 IATA UN number UN1017 UN proper shipping name Chlorine Transport hazard class(es) 2.3 Subsidiary class(es) 5.1, 8 Packaging group Not available. Environmental hazards No Labels required Not available. ERG Code 2CP Special precautions for user Read safety instructions, SDS and emergency procedures before handling. IMDG UN number UN1017 UN proper shipping name CHLORINE Transport hazard class(es) 2.3 Subsidiary class(es) 5.1, 8 Packaging group Not available. Environmental hazards Marine pollutant Yes Labels required Not available. EmS F-C, S-U Special precautions for user Read safety instructions, SDS and emergency procedures before handling. Transport in bulk according to Not applicable. Annex II of MARPOL 73178 and the IBC Code 15. Regulatory information US federal regulations This product is a "Hazardous Chemical' as defined by the OSHA Hazard Communication Standard, 29 CFR 1910.1200. TSCA Section 12(b) Export Notification (40 CFR 707, Subpt. D) Not regulated. US. OSHA Specifically Regulated Substances (29 CFR 1910.1001-1050) Not listed. CERCLA Hazardous Substance List (40 CFR 302.4) CHLORINE (CAS 7782-50-5) LISTED Superfund Amendments and Reauthorization Act of 1986 (SARA) Hazard categories Immediate Hazard - Yes Delayed Hazard - Yes Fire Hazard - No Pressure Hazard - Yes Reactivity Hazard -Yes SARA 302 Extremely Yes hazardous substance SARA 311/312 Hazardous Yes chemical SARA 313 (TRI reporting) Chemical name CAS number % by wt. CHLORINE 7782-50-5 98-100 Other federal regulations Clean Air Act (CAA) Section 112 Hazardous Air Pollutants (HAPs) List CHLORINE (CAS 7782-50-5) Clean Air Act (CAA) Section 112(r) Accidental Release Prevention (40 CFR 68.130) CHLORINE (CAS 7782-50-5) Clean Water Act (CWA) Hazardous substance Section 112(r) (40 CFR 68.130) Safe Drinking Water Act 4 mg/I (SDWA) 4.0 mg/I Food and Drug Not regulated. Administration (FDA) US state regulations US. Massachusetts RTK - Substance List CHLORINE (CAS 7782-50-5) US. New Jersey Worker and Community Right -to -Know Act CHLORINE (CAS 7782-50-5) 100 Ibs US. Pennsylvania RTK - Hazardous Substances CHLORINE (CAS 7782-50-5) US. Rhode Island RTK CHLORINE (CAS 7782-50-5) US. California Proposition 65 This product is not listed, but it may contain elements known to the State of California to cause cancer or reproductive toxicity as listed under Proposition 65 Safe Drinking Water and Toxic Enforcement Act. For additional information, contact JCI Jones Chemicals, Inc. (800-477-1078). US - California Proposition 65 - Carcinogens & Reproductive Toxicity (CRT): Listed substance Not listed. International Inventories Country(s) or region Inventory name On inventory (yes/no)* Australia Australian Inventory of Chemical Substances (AICS) Yes Canada Domestic Substances List (DSL) Yes Canada Non -Domestic Substances List (NDSL) No China Inventory of Existing Chemical Substances in China (IECSC) Yes Europe European Inventory of Existing Commercial Chemical Yes Substances (EINECS) Europe European List of Notified Chemical Substances (ELINCS) No Japan Inventory of Existing and New Chemical Substances (ENCS) No Korea Existing Chemicals List (ECL) Yes New Zealand New Zealand Inventory Yes Philippines Philippine Inventory of Chemicals and Chemical Substances Yes (PICCS) United States & Puerto Rico Toxic Substances Control Act (TSCA) Inventory Yes *A "Yes" indicates this product complies with the inventory requirements administered by the governing country(s). A "No" indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing country(s). 16. Other information, including date of preparation or last revision Issue date: 1-December-2014 Revision date: N/A NFPA Ratings List of abbreviations LD50: Lethal Dose, 50%. LC50: Lethal Concentration, 50%. EC50: Effective concentration, 50%. TWA: Time weighted average. References EPA: AQUIRE database HSDB® - Hazardous Substances Data Bank US. IARC Monographs on Occupational Exposures to Chemical Agents IARC Monographs. Overall Evaluation of Carcinogenicity ACGIH Documentation of the Threshold Limit Values and Biological Exposure Indices Olin Chlor Alkali Products Safety Data Sheet Disclaimer This information is provided without warranty. The information is believed to be correct. This information should be used to make an independent determination of the methods to safeguard workers and the environment. PROPOSAL SHEET FOR SULFUR DIOXIDE (SO2) DESCRIPTION . PRICE Estimated 35 +/- tons of Sulfur Dioxide_.per year $ !o b Q /ton Tank Deposit (if any) $ Iv /ton Each vendor shall attach the chemical analysis of his material to proposal sheet. Each vendor shall attach a MSDS sheet upon delivery of the product Each vendor shall state the time period for which the quoted price shall remain valid. Vendor may be required to submit samples of technical evaluation prior to quote award. Testing to be performed by independent lab at no cost to RSD. Quote will be for three (3) year period of time after award of quote (approximately 4/1/16 to 3/31/19). If emergencies occur with Vendor's manufacturer and/or manufacturing of the product, the Vendor will be held responsible for providing product to the District at quoted price. Vendor is to include all shipping costs in the price quote. Richmond Sanitary District will not pay any shipping. Vendor is to include all tank deposit charges in the price quote if any. Richmond Sanitary District has authority to refuse delivery due to unsafe manner and not be held responsible for any charges. Vendor is to supply experienced/safe drivers and equipment. Vendor is to state delivery time after receipt of order-3Aho �blzl Authorized Signature Date Contact Person Company Name 17- i" 4J [ V 3 V Phone Number MINvIUM SPECIFICATION FOR SULFUR DIOXIDE (S02) Bidder Comulies Sulfur Dioxide shall be 99.9% minimum (by volume) YES NO 'product.. Moisture content shall not exceed 27.8 ppm. sulfur acid content shall not exceed 8.0 ppm. Sulfur — dioxide shall be delivered in standard one -ton containers. sulfur dioxide containers and valves shall meet AWWA, DOT and applicable Federal Standards for handling and storage of sulfur dioxide. Delivery shall be made by vehicles properly equipped to unload one -ton containers, District has overhead crane inside building for off-loading. Truck trailer must be able to navigate through overhead doors. Delivery shall not be made at the convenience of the Vendor. They shall be made within a reasonable length of time following . either a written or telephoned order from the District. The District will admit delivery from 7:30 am to 1:30 pm, Monday through Friday, (unless Holiday). • Sulfur Dioxide, Liquid Product Specification Description This raw material is found as a colorless gas or when compressed, a water white liquid. It has a sharp, pungent odor and is considered toxic by inhalation. sulfur dioxide is soluble in water, alcohol and ether and forms sulfurous acid (H2SO3) readily. It is Noncombustible. JCI Jones Chemicals, Inc. will set specifications for raw materials at its discression according to a set specification criteria and intent of use. Specification Sulfur Dioxide (Liquid) 99.9% minimum Moisture i 80 ppm maximum Residue 40 ppm maximum Acidity (as 112SO4) 20 ppm maximum Color (as liquid) Water White Color (as gas) Colorless Odor Pungent sulfur For Chemical Emergency Spill, Leak, Fire, Exposure or Accident, Call CHEMTREC, Day/Night at 800.424.9300. Always read and follow the product label and Material Safety Date Sheet (MSDS) that are shipped with each order. The information presented herein is based on data considered to be accurate and that reflects the requirements of the OSHA Hazard Communication Standards in effect as of the date of preparation of this Product Specification Sheet. However, no warranty or representation, express or implied, is made as to the accuracy or completeness of the foregoing data and safety information. In addition, no responsibility can be assumed by vendor for any damage or injury resulting from abnormal use, from any failure to adhere to recommended practices or from any hazards inherent in the nature of the product. © 2001. JCI Jones Chemicals, Inc. All Rights Reserved. �Calabrian Section 1 - Product and Company Identification Product Name: Sulfur Dioxide Chemical Formula: SOz CAS Number: 007446-09-5 Other Designations: Sulfurous acid anhydride, sulfurous anhydride, sulfurous oxide. General Use: Chemical feedstock, food preservative, fumigating pesticide. Manufacturer: Calabrian Corporation 5500 Hwy. 366 Port Neches, Texas77651 Telephone: 409-727-1471 Fax: 409-727-5803 Emergency Contact: CHEMTREC 800-424-9300 Section 2 - Hazards Identification Emergency Overview Target Organs: Respiratory system, eyes, skin GHS Classification: Acute Toxicity, Inhalation (Category 3) Skin Corrosion/Irritation (Category 1) Eye Damage/Irritation (Category 1) GHS Label Elements: Signal Word — Danger Pictograms Safety Data Sheet SULFUR DIOXIDE <8> 0 <• > < > Acute Toxicity Corrosive Irritant Compressed Gas Hazard Statements: H331 —Toxic if inhaled H314 — Causes severe skin burns and eye damage Precautionary P261 -Avoid breathing dust/fumes/gas/mist/vapors/spray. Statements: P264 - Wash thoroughly after handling. P271 - Use only outdoors or well -ventilated area. P280 - Wear protective gloves/protective clothing/eye protection/face protection. P284 - Wear respiratory protection. P304 + P340 — If Inhaled: Remove victim to fresh air and keep at rest in a position comfortable for breathing. P301 + P330 — If Swallowed: Rinse mouth. Do not induce vomiting. P303 + P361 + P353 — If on Skin (or hair): Remove/Take off immediately all contaminated clothing. Rinse skin with water/shower. P363 —Wash contaminated clothing before reuse. P305 + P351 + P338 — If In Eyes: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. �Calabrian Other Hazards: Sulfur dioxide is a liquid under pressure. HMIS Classification: Health Hazard 3 Flammability 0 Physical 0 NFPA Rating: Health Hazard 3 Fire 0 Reactivity 0 Section 3 - Composition / Information on Ingredients Composition Sulfur Dioxide Ingredient Sulfur Oxygen Section 4 - First Aid Measures Safety Data Sheet SULFUR DIOXIDE CAS Number % wt or vol 007446-09-5 100 (wt.) 007704-34-9 50 (wt.) 007782-44-7 50 (wt.) First Aid General Information: Remove victim to uncontaminated area wearing self contained breathing apparatus. Keep victim warm and rested. Seek medical attention. Apply artificial respiration if breathing stopped. First Aid Inhalation: Remove from exposure to fresh air. Seek medical attention in severe cases or if recovery is not rapid. First Aid Skin / Eye: May cause severe chemical burns to skin and eye. Suitable first aid treatment should be immediately available. Remove contaminated clothing. Drench affected area with water for at least 15 minutes. Immediately flush eyes thoroughly with water for at least 15 minutes. Seek medical attention. First Aid Ingestion: Ingestion is not likely to occur. Seek appropriate medical attention and provide this SDS to attending doctor Note to physician: Exposure may aggravate acute or chronic asthma, emphysema and bronchitis. Section 5 - Fire -Fighting Measures Flash Point: Not combustible. Flash Point Method: Not Applicable. Burning Rate: Not Applicable. Auto Ignition Temperature: Not Applicable. LEL: Not Applicable. UEL: Not Applicable. Flammability Classification: Not Flammable. Extinguishing Media: Use extinguishing agent appropriate for surrounding fire conditions. Unusual Fire or Explosion Hazards: None indicated. Hazardous Combustion Products: May release hazardous gas. 0) �Calabrian Safety Data Sheet SULFUR DIOXIDE Fire -Fighting Instructions: Do not release runoff from fire control methods to sewers or waterways. Fire -Fighting Equipment: Because fire may produce toxic thermal decomposition products, wear a self-contained breathing apparatus (SCBA) with a full face piece operated in pressure -demand or positive -pressure mode. Section 6 - Accidental Release Measures Spill / Leak Procedures: Wear appropriate PPE - See Section 8. Small Spills / Leaks: Spills can be neutralized with an alkaline material such as caustic soda. Leaks may be located by spraying the area with ammonium hydroxide solution which forms a white fume in the presence of sulfur dioxide. Large Spills / Leaks: Large spills should be handled according to a predetermined plan. Reduce vapor with fog or fine water spray. Containment: For large spills, dike far ahead of contaminated runoff for later disposal. Section 7 - Handling and Storage Handling Precautions: Avoid contact with product. Storage Requirements: Avoid heat or moisture. Store in properly designed pressure vessels, away from heat and protected from physical damage. Segregate from combustible materials. Section 8 - Exposure Controls / Personal Protection: Component: Sulfur Dioxide ACGIH (TLV) OSHA (PEL) NIOSH (REL) Other Limit CAS Number: 007446-09-5 STEL: 0.25 ppm, 15 minutes TWA: 5 ppm, 8 hours TWA: 13 mg/m3, 8 hours TWA: 2 ppm, 10 hours TWA: 5 mg/m3, 10 hours STEL: 5 ppm, 15 minutes STEL: 13 mg/m3, 15 minutes IDLH: 100 ppm TWA — Time Weighted Average based on 8 hour exposure days and a 40 hour week. STEL — Short Time Exposure Limit IDLH - Immediately Dangerous to Life or Health PEL — Permissible Exposure Limit REL — Recommended Exposure Limit TLV — Threshold Limit Value ACGIH —American Conference of Governmental Industrial Hygienists Engineering Controls: Provide general or local exhaust ventilation systems to maintain airborne concentrations below safe exposure limits as stated above. Local exhaust ventilation is preferred because it prevents contaminant dispersion into the work area by controlling it at the source. �Calabrian Safety Data Sheet SULFUR DIOXIDE Respiratory Protection: Follow OSHA respirator regulations (29 CFR 1910.134) and, if necessary, wear a MSHA/NIOSH-approved respirator. Select respirator based on its suitability to provide adequate worker protection for given working conditions, level of airborne contamination, and presence of sufficient oxygen. For emergency or non -routine operations (cleaning spills, reactor vessels, or storage tanks), wear an SCBA. Warning! Air - purifying respirators do not protect workers in oxygen -deficient atmospheres. Protective Clothing / Equipment: Wear protective gloves, boots, and clothing to prevent prolonged or repeated skin contact. Wear protective eyeglasses or goggles, per OSHA eye and face protection regulations (29 CFR 1910.133). Safety Stations: Make emergency eyewash stations, showers, and washing facilities available in the work area. Contaminated Equipment: Separate contaminated work clothes from street clothes. Remove this material from shoes and clean personal protective equipment. Comments: Do not eat, drink, or smoke in work areas. Practice good personal hygiene after using this material, especially before food or beverage consumption. Section 9 - Physical and Chemical Properties Physical State: Liquid or gas Appearance: Colorless Odor Threshold: 0.5 ppm; pungent. Vapor Pressure: 2475 mm HG @ 20 C. Vapor Density (Air=1): 2.26 @ 20 C. Formula Weight: 64.07 Density: NA Specific Gravity (H2O=1): 1.36 @ 25 C. Section 10 - Stability & Reactivity Water Solubility: Other Solubility: Boiling Point: Freezing Point: % Volatile: Evaporation Rate: pH: 11g1100g H2O NA -10 C; 14 F. -75.5 C; -104 F. NA Rapid. Acidic. Stability: Stable under normal conditions. Polymerization: Hazardous polymerization will not occur. Chemical Incompatibilities: Contact with powdered potassium, sodium metal oxidizing agents produce violent reactions. Reacts with water and steam to form corrosive sulfurous acid. Reacts with chlorates to form unstable chlorine dioxide. Conditions to Avoid: Avoid excessive heat, or open flame. Hazardous Decomposition Products: May release hazardous gas. Stability: Stable under normal conditions. Polymerization: Hazardous polymerization will not occur. 11 �Calabrian Safety Data Sheet SULFUR DIOXIDE Chemical Incompatibilities: In the presence of water, or acid, Sodium Metabisulfite (and solutions) may release toxic and hazardous fumes of sulfur oxides, including sulfur dioxide. Acute poisoning from sulfur dioxide is rare because the gas is easily detected. It is so irritating that contact cannot be tolerated. Symptoms include coughing, hoarseness, sneezing, tearing, and breathing difficulty. However, workers who cannot escape high accidental exposure may suffer severe pulmonary damage which can be fatal. Contact with powdered potassium, sodium metals, alkali, and oxidizing agents produce violent reactions. Reacts with water and steam to form corrosive sulfurous acid. Reacts with .chlorates to form unstable chlorine dioxide. Conditions to Avoid: Avoid excessive heat, open flame, and moisture. Hazardous Decomposition: May release hazardous sulfur dioxide gas. Section 11 -Toxicological Information Eye Effects (rabbit): Mild (6 ppm/4H/32D) Acute Inhalation Effects (rat): LC50 = 2520 ppm (1 H) Skin Effects: Not available. Acute Oral Effects: Not available. Carcinogenicity: IARC, NTP, and OSHA do not list Sulfur Dioxide as a carcinogen. Chronic Effects: Prolonged or repeated exposure may cause inflammation of the lining of the nose, dry throat and cough. Respiratory tract symptoms have been observed similar to changes observed in human chronic bronchitis. Section 12 - Ecological Information Ecotoxicity: Sulfur Dioxide is a poisonous gas commonly used as a fumigant pesticide. Concentrations above 1 ppm are believed to be injurious to plant foliage. Environmental Transport: Airborne gas. Environmental Degradation: Rapid evaporation. Soil Absorption/Mobility: Slight. Section 13 - Disposal Considerations Disposal: Waste determinations typically consider Sodium Metabisulfite contaminated materials to be non -hazardous. Disposal Regulatory Requirements: Follow applicable Federal, state and local regulations. Container Cleaning and Disposal: Follow applicable Federal, state and local regulations. Section 14 - Transport Information Shipping Name: Sulfur Dioxide Shipping Symbols: Poison Gas Hazard Class: 2.3 Subsidiary Hazard: NA ID No.: UN 1079 Packing Group: NA Label: Poison Gas Special Provisions: This material is poisonous by inhalation and has been assigned Special Provision #3 in 49 CFR 172.101. 5 �Calabrian Section 15 - Regulatory Information EPA Regulations: Safety Data Sheet SULFUR DIOXIDE RCRA Hazardous Waste Classification (40 CFR 261): Characteristically corrosive RCRA Hazardous Waste Number (40 CFR 261): D002. CERCLA Hazardous Substance (40 CFR 302.4): Not listed. CERCLA Reportable Quantity (RQ): NA SARA Title III: Section 302/304/311/312 Extremely Hazardous Substance: sulfur dioxide, 500 TPQ Section 302/304 Emergency Planning and Notification: sulfur dioxide, 500 RQ Section 313 Toxic Chemical: FIFRA: OSHA Regulations: Air Contaminant (29 CFR 1910.1000): OSHA Specifically Regulated Substance: Other Regulations: Not listed. Regulated when used as a pesticide. Listed without ceiling or skin designation. List of Highly Hazardous Chemicals TQ=1000 lb. FDA: Regulated when used as a food preservative. Proposition 65 (California) Listed as a reproductive toxicant. Canada: WHMIS Class: D1A — Causing immediate and serious toxic effects CEPA Listed in Canadian Environmental Protection Administration Toxic Substance List. NPRI Listed in Canadian National Pollutant Release Inventory Section 16 - Other Information This product is NSF certified to NSF/ANSI Standard 60 and is subject to a maximum use limit (MUL) of 10 mg/L for potable water dechlorination applications. Previous SDS issue date: January, 2015 Current SIDS issue date: March, 2015 Reason for current revision: Additional information in Section 8. The information herein is believed to be reliable. However, no warranty, expressed or implied, is made as to its accuracy or completeness and none is made as to the fitness of this material for any purpose. The manufacturer shall not be liable for damages to person or property resulting from its use. Nothing herein shall be construed as a recommendation for use in violation of any patent. 0 PROPOSAL SHEET FOR LIQUID ALUAI NUM SULFATE (Ab(SO4 )314 H2O) DESCRIPTION Estimated 220,000 +/- gallons of Aluminum Sulfate per year PRICE N4 -B-J /dry ton Each vendor shall quote price per dry ton of Aluminum .Sulfate in liquid state delivered to the Wastewater Plant and transferred to the District's bulk storage tanks in accordance with the attached "Minimum Specifications". Each vendor shall attach the chemical analysis of his material to proposal sheet. Each vendor shall attach a MSDS sheet upon delivery of the product. Each vendor shall state the time period for which the quoted price shall remain valid. Vendor may be required to submit samples of technical evaluation prior to quote award. Testing to be performed by independent lab at no cost to RSD. Vendor to perform bench test at least once a year to determine performance and requirement of product for RSD at no cost. Vendor may submit a minimum of one (1) quart of chemical. Quote will be for three (3) year period of time after award of quote (approximately 4/1/16 to 3/31/19). If emergencies occur with Vendor's manufacturer and/or manufacturing of the product, the Vendor will be held responsible for providing product to the District at quoted price. Vendor is to include all shipping costs in the price quote. Richmond Sanitary District will not pay any shipping. Richmond Sanitary District has authority to refuse delivery due to unsafe manner and not be held responsible for any charges. Vendor is to supply experienced/safe drivers and equipment. Vendor is to state delivery time after receipt of order f e3 aAA Authorized Signature l�► Contact Person �} (� -I c / I II Company. Name Date Phone Number MINIMUM SPECIFICATION FOR LIQUID ALUMINUM SULFATE (Al2(SO4')314 H20) Bidder Complies Liquid Aluminum Sulfate shall contain water-soluble YES NO aluminum of not'less than 4.23% as Al or 8.0% as A1203. It shall be composed of 48.5% dry Aluminum- Sulfate and have a density of 11.14 pounds per gallon. The water - insoluble matter shall not exceed 0.2%. The delivered mixture shall meet the AWWA standard for Aluminum Sulfate (B403-88). The product shall be analyzed for metals (cadmium, copper, chromium, lead, nickel, mercury, molybdenum, zinc) and date submitted as part of bid specs. Delivery shall be made by vehicles properly equipped to transfer liquid Aluminum Sulfate into the District's bulk storage tanks without spillage. Deliveries shall not be made at the convenience of the Vendor. They shall be made within a reasonable length of time following either a written or telephoned order from the District. The District will admit % delivery from 7:30 am to 1:30 pm, Monday through t� Friday (unless Holiday). The District orders will be for approximately 4,000 gallons each. The District shall have the right to require a small sample from each load for laboratory purposes. F.] F.: F. INDEMIVIF F. 1.1 F. L2 WORKER'S F. 2.1 F. 3.1 A. B. C. ARTICLE F INSTRUCTIONS TO BIDDERS INDEMNIFICATION, INSURANCE, AND PROTECTION OF LIVES AND PROPERTY CATION The contractor shall indemnify and hold harmless the City of Richmond and its officers and employees from and against all claims, damages, losses, expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the contract, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction oftangible property (other than goods, materials and equipment furnished under this contract) including the loss of use resulting there from, and (b) is caused in whole or in part by any negligent act or omission of the contractor, any subcontractor, or anyone directly employed by any of them or anyone for whole acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the City or any of its officers or employees by any employee of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph G. 1 shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the contractor or any sub -contractor under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. COMPENSATION INSURANCE For contracts involving performance of work pursuant to the provisions of Indiana Code IC 22- 3-2-14 (a) bidders are required to furnish a certificate from the Indiana Worker's Board showing that such bidder has complied with IC 22-3-2-5, 22-3-5-1 and IC 22-3-5-2. The Contractor shall, as prerequisite to this Agreement, purchase and thereafter maintain such (! insurance as will protect him from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any Sub -contractors or by anyone who directly or indirectly employed by any bf them, or by anyone for whose acts any of them may be liable. Coverage Limits Worker's Compensation & Statutory Disability Requirements Employer's Liability $100,000 Comprehensive General Liability Section 1. Bodily Injury . $I,000,000 each occurrence `�2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence F.3.1 (con't) D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,006 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate Malpractice/Errors & Omissions $1,000,000 per claim Insurance $2,000,000 each aggregate 7 ® A� D CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 02/16/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER WA#712152 1-206-343-2323 AssuredPartners of Washington, LLC dba MCM MCM Benefits and Insurance Services, LLC, CA Lic #OF82099 1325 Fourth Avenue, Suite 2100 CONTACT NAME: PHONE (AIC, No): A/ No Ex: AIC E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # Seattle, WA 98101 INSURERA: AlG SPECIALTY INS CO 26883 INSURED INSURERB: NATIONAL UNION FIRE INS CO OF PITTS 19445 INSURER C: COMMERCE & INDUSTRY INS CO 19410 JCI Jones Chemicals Inc 1765 Ringling Blvd INSURERD: INSURER E : INSURER F Sarasota, FL 34236 THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMIDOY EFF MM/DD/Y XP LIMITS A GENERAL LIABILITY X X EG14240603 11/15/1 11/15/16 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ 25 , 00 0 CLAIMS -MADE OCCUR PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE S2, 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , 000,000 EaacCOMBINED SINGLE LIMIT accident) $ $1,000,000 POLICY X PE X LOC X X CA3788910 11/15/1 11/15/16 B AUTOMOBILE LIABILITY BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NED NON-OAUTOS PROPERTY DAMAGE Per accident $ HIRED AUTOS $ g 1000 Coll X 1000 Comp A UMBRELLA LIAB X OCCUR EGU14240892 11/15/1 11/15/16 EACH OCCURRENCE $ 25, 000, 000 AGGREGATE $ 25, 000, 000 X EXCESS LIAB CLAIMS -MADE DED RETENTION $ WORKERS COMPENSATION X TNCSTATU OTR _ IEH $ C X WC013626517 11/15/1 11/15/16 E.L. EACH ACCIDENT $ 1,000,000 AND EMPLOYERS' LIABILITY WCD13626516 11/15/1 11 / 15 / 16 C ANY PROPRIETORIPARTNERIEXECUTIVE� E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - POLICY LIMIT $ 110001000 If yes, describe under A DESCRIPTION OF OPERATIONS below Pollution Legal Liability X X EG14240603 11 15 1 11 15 16 Each Loss 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Per the attached endorsment the following are included as additional insured: City of Richmond, its officers and employees. Waiver of Subrogation applies. 1th City of Richmond Department of Sanitation Denise Johnson, Customer Svc. Mgr. 2380 Liberty Avenue Richmond, IN 47374 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE USA l ACORD 25 (2010/05) tomgockel 46080227 The ACORD name and logo are registered marks of ACORD G .1 PAYMENI S G. 1.1 G. 1.2 GZ METHOD G. 2.1 - G. 2.2 G. 2.3 G. 2.4 G. 2.5 G. 2.6 �,IAGES G. 3.1 ARTICLE G INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS OF THE CONTRACT The City is not subject to federal excise taxes. Federal Tax Exemption Registry Number is 35- 6001174. The City is not subject to -the Indiana sales and use taxes on the purchase of goods and other materials. Where the contract includes the combination of labor and material, the contractor shall pay the Indiana sales and use taxes on the materials only, F INVOICING FOR PAYMENT No contract will be official for services or materials unless a purchase order has been issued. Contractor shall bill the City: (a) on regular invoice form giving a complete and detailed description of the goods delivered, including purchase order number; and (b) if the contractor allows a cash discount, the period oftime in which the City must make payment to qualify for 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 be for not less than thirty (30) days and (c) if more than one shipment is made under the contract, the City 7-- will make partial. payments .on a basis that is agreeable to both parties. Payments under this contract will be made in the manner provided by law for payments of claims against the City. No payment will be made for production overruns in excess of the quantity ordered by the City (unless with prior written approval). No payment shall constitute an acceptance of any goods or services not in accordance with the requirements of the contract. Schedule of values may be used in contractual work. City will so designate if applicable. (See Invitation for Bid Page) FOR DELAYED DELIVERY AND/OR CONTRACTUAL SERVICES In the event delivery of completed item or items bid and/or unaccomplished contractual completion date is delayed beyond bidder's specified date, the City of Richmond will assess certain damages of /day. Certain damages will apply in all cases except the following: In the event delivery and/or completion of contract shall be necessarily delayed because of strike, injunction, government controls, or by reason of any other cause of circumstances beyond the control of the contractor, the time of completion of delivery shall be extended by a number of days to be determined in each instance by mutual agreement between the City of Richmond and the contractor. Should there be damages assessed, the City will have the right to deduct the damages from the payment to be made to contractor. R E-Verify Requirements: . Definitions:. E-Verify Pro rg_am — A electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996- (P.L. 104-208), Division C, Title IV,s.403 (a), as amended, operated by the United States Department of Homeland Security or successor work authorization,program designated by the United States Depart of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and control Act of 1986 (P.L. 99-603). No performance of services shall commence until the following has been met: .1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11.(a) (2); and 3. A purchase order has been issued.by the Purchasing Department. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22.5.1,7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of the Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7 (a) (2). In the event -Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation no later than thirty (30) days after the City notifies the Contractor of the violation. If the Contractor fails to remedy the violation within the thirty (30) day period provided above, the'City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, 'the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under. this section, then pursuant to IC 22-5-1.7-13.(c) the Contractor will remain liable to the City for actual damages. RICIAMOND SANITARY DISTRICT 2016 Chemical Quotes Receipt Verification Form E-Verification Form filled out Local Preference Form filled out Certificate of Liability/Worker's Comp Form Iran Activity Form Please include all warranty information with bid. Authorized Signatur Company Name Company Address 31?r28;743JI-2, Phone Number Yes--I/No Yes No / Yes i/ No Yes No a l 18 kwi' Date AAt,. Contact Person �c Ii Dome 1,07 City, State, Zip Affidavit of Employment Eligibility Verification The. Contractor, Jcr Jae6 �&iC i affirms under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. If Contractor is self employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor has not knowingly employed or. contracted with an unauthorized alien and shall not retain an employee or contract with • a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibilify status of all newly hired employees of the contractor through the Indiana E-Verify program. The Contractor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alieri and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statenient is true. Dated this day of , 201� (signature) (printed name) ter, _= ViI ariFV �'�7514.tS Company ID Number: 252800 THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and JCI Jones Chemicals. INC. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E- Verify). This MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E-Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility i; Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S, citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E-Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). Page 1 of 131E-Verify MOU for Employerl Revision Date 10129/09 aw0 i s c.ct«u1;_;-ti r tf'! �- �U`i z lllllll _= —Verify Company ID Number: 252800 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated, system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for aliens through E-Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: + Automated verification checks on alien employees by electronic means, and • Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer a manual (the E-Verify User Manual) containing instructions on E-Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative Page 2 of 13iE-Verify MOU for EmployegRevision Date 10129108 1;^Fti�:s!Fi - ! fE••�, : _ ; u eziiy=. LhC[CGk __,E—Verify Company ID Number: 252800 nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C, RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E-Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E- Verify, including any tutorials for Federal contractors if the Employer is a Federal contractor. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo, (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 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. • If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766 (Employment Authorization Document) to complete the Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non -matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1-9. DHS may in the future designate other documents that activate the photo screening tool. Page 3 of 13JE-Verify MOU for Emp[oyedRevision Date 10/29/08 1A1vJrvv.d11 s.gjt)v/EAlic=i` lf�,! l��1t• ,'1`� SEl�G9 -== Varify Company ID Number: 252800 . 5. The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274E of the INA with respect to Form 1-9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E-Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E-Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E-Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form 1-9 have been completed), and to complete as many (but only as many) steps of the E-Verify process as are necessary according to the E-Verify User Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the SSA verification response has been given. Employers may initiate verification by notating the Form 1-9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E-Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E-Verify procedures for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E-Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article II.D, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article Ill. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking Page 4 of UIE-Verify MOU for EmpfoyeflRevision Date 10/29108 �n f'�°•' $� ='q"`fjf : """ f - TM_ ' -_­Verify- Company Page s of 13iE Verify MOO for E3np1oyeriRevi59an Date 10/29106 ?�t}r .ciE't-ca._>tr.1r_-:= z: �= 1kX M0F�1�1yk� ice. tSEt,(�.P Ve r i or Company ID Number: 252800 authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U,S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E-Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. The Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801) in addition to verifying the employment eligibility of all other employees required to be verified under the FAR. Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify. a. Federal contractors not enrolled at the time of contract award: An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E-Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal contractor, the Employer must initiate verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. b. Federal contractors already enrolled at the time of a contract award: Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must initiate verification of each employee assigned to the .cil'tS,uv l!F_,}In- s=` Page 6 of 131E-Verity MOU for E3mployerlRevislon Date 10/29/0f3 �;_ �nu � � =Verif � Company ID Number: 252800 contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors that are institutions of higher education (as defined at 20 U.S.C, 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. d. Verification of all employees: Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E-Verify verification of all existing employees within 180 days after the election. e. Form 1-9 procedures for Federal contractors: The Employer may use a previously completed Form 1-9 as the basis for initiating E-Verify verification of an employee assigned to a contract as long as that Form 1-9 is complete (including the SSN), complies with Article II.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1-9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form 1-9 complies with Article II.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1-9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1-9 consistent with Article II.C.5, or update the previous 1-9 to provide the necessary information. If section 1 of the Form I-9 is otherwise valid and up-to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S, passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. Nothing in this section shall be construed to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor. 2. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. Page 7 of 331E-Verify MOV for EanployerjRevision Date 10/29108 -=`�y-- � Illll�l -= -Verify R Company ID Number: 252800 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 tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system -generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E-Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO DHS 1. if the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non -match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non - match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non -match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible Page 8 of 131E-Verify MOU for EmployeriRevision Date 10/29/08 �ev�� w. Gay CFC r -_ - MErGb IIIIIII �� Verify Company ID Number: 252800 after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will provide the employee with a referral letter to DHS, DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will send a copy of the employee's Form 1-551 or Form 1-766 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mail account (furnished and paid for by DHS). 7. The Employer understands that if it cannot determine whether there is a photo match/non-match, the Employer is required to forward the employee's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non -match. ARTICLE 1V SERVICE PROVISIONS SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access the E-Verify System, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take page 9 of 13iE-Verify MOU for EmpioyerlRevision Date 10/29108 -- M._.R-VPriFv IEIIIII Company ID plumber: 252800 mandatory refresher tutorials. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated of completed. In such a circumstance, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, that Employer will remain a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA), G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. Page 10 of 13JE-Verify MOU for EmployeilRevislon Date 1012910$ 'j" ` € ` �'' ` `'; at��'`H �L SFCA I1Ali `�K -verify.. �: Company ID Number: 252800 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 888-464-4218. Employer JCI Jones Chemicals, INC. Susan M Jones Name (Please Type or Print) Title Electronically Signed 09/16/2009 Signature Date Department of Homeland Security —Verification Division USCIS Verification Division Name (Please Type or Print) Title Eiectronically Signed 0911612009 Signature Date Page iI of 931E-Verify MOU for EmployedRevision Date 10/29/08 wvx-j.(AJhf,.g nVt -VfLI iI -Verify Company ID Number: 252800 Information Required for the E-Verify Program Information relating to your Company: Company Name: JCI Jones Chemicals, INC. Company Facility Address: 1819 Mal" Street suite 1100 Sarasota, FL 34236 Company Alternate Address: i County or Parish: SARASOTA Employer Identification Number:/60809646 North American Industry Classification Systems Code: 325 Parent Company: Number of Employees: 100 to 499 Number of Sites Verified for: 1 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) Page 12 of 13)E-Verify MOU far EmptoyerlRevision Date 10/29/08 VVlwkv.d11:7,tiovItri-V =`i + y Sze -= Verify - Company Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Liane M Vannan Telephone Number: (941) 330 -1537 ext.119 Fax Number: (866) 430 - 7330 E-mail Address: Ivannan@jcichem.com Name: Susan M Jones Telephone Number: (941) 330 -1537 ext.123 Fax Number: (866) 430 - 7330 E-mail Address: susan@jcichem-com Page 13 of 13IE-Verify MOU for EmployegRsvisfon Date 10/29/08 V,�A4vv` i-=(j -g`yvI E-' f' V Ifl;', IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is. not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this. certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, -the City may proceed with any remedies it may have pursuant to IC 5-22- 16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. ..one's Qo�� iio