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HomeMy WebLinkAboutPR 19592: PETROLEUM OILS AND LUBRICANTS f,„ ,,,,,, , ,,, :I- C It of _ co 4 )w ort rthu—fir Texas INTEROFFICE MEMORANDUM PUBLIC WORKS DEPARTMENT-ADMINISTRATION DIV. To: Brian McDougal, City Manager From: Armando Gutierrez, Jr., Director of Public Works Date: November 22, 2016 RE: P. R. 19592—Petroleum Oils and Lubricants RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 19592 approving contracts with Blender Direct of Houston, Texas, Quality Petroleum Supply & Services, L.L.C. of Houston, Texas, Beaumont Freightliner of Beaumont, Texas, and Sun Coast Resources Inc. of Houston, Texas for petroleum oils and lubricants. BACKGROUND: These are annual contracts for petroleum oils and lubricants that will be used by the Equipment Services Division for maintenance of various City vehicles. We received bids from multiple vendors for a particular item where the purchase of that item will be based on the price first, then availability if necessary. These are non-exclusive contracts allowing for the purchase of materials from each vendor as described. The individual contracts show for which items each vendor will be primary and/or secondary. Six (6) bids were received. BUDGET /FISCAL EFFECT: Funding is available in accounts 001-0000-142.10-00 - Garage Inventory, 401-1501-561.24-00 — Transit System Vehicle Operations Fuel & Lubrication, 401-1502-561.24-00 — Transit System Vehicle Maintenance Fuel & Lubrication, 401-1506-561.24-00 — Transit System Elderly & Handicapped Fuel & Lubricants. /aw "Remember we are here to serve the Citizens of Port Arthur" P.R. 19592 11/22/16 aw RESOLUTION NO. A RESOLUTION AUTHORIZING THE FIRST YEAR OF A NON-EXCLUSIVE CONTRACT WITH THE OPTION OF RENEWAL FOR TWO ADDITIONAL ONE-YEAR PERIODS BETWEEN THE CITY OF PORT ARTHUR AND BLENDER DIRECT OF HOUSTON, TEXAS, QUALITY PETROLEM SUPPLY & SERVICES OF HOUSTON, TEXAS, BEAUMONT FREIGHTLINER OF BEAUMONT, TEXAS AND SUN COAST RESOURCES OF HOUSTON, TEXAS FOR PETROLEUM, OILS, AND LUBRICANTS WITH A BUDGETARY IMPACT OF $100,000 PER YEAR. FUNDING IS AVAILABLE IN ACCOUNTS 001-0000-142.10-00 — GARAGE INVENTORY, 401-1501-561.24-00 — TRANSIT SYSTEM VEHICLE OPERATIONS FUEL & LUBRICATION, 401-1502-561.24-00 — TRANSIT SYSTEM VEHICLE MAINTENANCE FUEL & LUBRICATION, 401-1506- 561.24-00 — TRANSIT SYSTEM ELDERLY & HANDICAPPED FUEL & LUBRICATION. WHEREAS, six (6) bids were received and opened on October 5, 2016 for the above referenced material and have been evaluated by Public Works and Purchasing, as shown in the bid tabulation attached as Exhibit"A"; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager is hereby authorized to execute on behalf of the City, one year non-exclusive contracts, with the option to renew for two additional one-year periods between the City of Port Arthur and Blender Direct of Houston, Texas (Exhibit "B"), Quality Petroleum Supply & Services, L. L. C. of Houston, Texas (Exhibit "C), Beaumont Freightliner of Beaumont, Texas (Exhibit "D"), and Sun Coast Resources, Inc. of Houston, Texas (Exhibit"E"); and, THAT,purchase of these materials will be from each of the vendors according to the unit prices as bid based first on price, and second on availability, according to the needs of the City; and, THAT, contract is for one year and is renewable for two additional one-year periods; and, P.R. 19592 11/22/16 aw THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this the day of , A.D. 2017 at a meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: Noes: Mayor ATTEST: AP ROVED AS TO FORM: (1. -A40 (6)' -1)(4 Sherri Bellard alecia Ti no City Secretary City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABLITY OF FUNDS: Brian McDougal City Manager Director of Finance L4)6,k) ando tierrez, Jr. Clifton Williams Director of Public Works Acting Purchasing Manager P. R. 19592 11/22/16 aw Exhibit "A" il .O 00El ---.1O\ V, J. W N El O I 1 d O . = = ? = Y Y = 0 P d P n G. CM CM P = - hJ = eD N c' in• o .moi zX n Nn0 o0' P o CA CA 0 v H 0 0 a ?� v� m ^+ y `71 `71 0 oo 6- co E o v, 5n ,c n 19 cn co = b cA ^Y 0- a c 11 c. c- co N V, O O O t9 )-( o a 0 �o a O c 0 0 n 0 'O 0 0 O O O Gy "'d o - .0 0.0 0 0, `C TJ A� R. y O a I--. 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R. 19592 11/22/16 aw Description UOM Price Primary Anti-Freeze (Ethylene 1 gal. container Glycol) $5.00 x 6 Blender Direct Anti-Freeze (Extended 1 gal. container Life) $5.50 x 6 Blender Direct Automatic Quart container Quality Petroleum Supply& Transmission Fluid $3.51 Servicing, L. L. C. Chassis Grease 120 lb. pails Beaumont $298.04 Freightliner Chassis Grease 14 oz. tubes $19.50 case of 10 Blender Direct SAE 15W40 Multi- Quart grade Engine Oil containers $3.31 Sun Coast Resources, Inc. SAE 80W90 5 gal. pails Engine oil $38.75 Blender Direct ISO 68AW Hydraulic 5 gal. pails oil $26.00 Blender Direct Power Steering Quart $28.00 case of Fluid containers 12 Blender Direct Diesel Exhaust 2.5 gal. Beaumont Fluid containers $6.75 Freightliner TDH Oil 5 gal. pails $38.75 Blender Direct Transmission Fluid for 55 gal. drum Transit $325.00 Blender Direct P. R. 19592 11/22/16 aw Exhibit "B" P.R. 19592 11/22/16 aw MATERIALS SUPPLY AGREEMENT Purchase of Petroleum, Oil, and Lubricants THIS AGREEMENT, made this the day of , 2017 by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY", and Blender Direct , hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The Contract shall be for one year from the start date on the Notice to Proceed, with the option to renew for two additional one-year periods. 2. The CONTRACTOR will perform the work as delineated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of CONTRACTOR in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents as the primary vendor at the unit prices as stated below: Description UOM Anti-Freeze (Ethylene Glycol) $5.00 x 6 (gal. container) Anti-Freeze (Extended Life) $5.50 x 6 (gal. container) Chassis Grease $19.50 case of 10 (14 oz. tubes) SAE 80W90 Engine Oil $38.75 (5 gal. pails) ISO 68AW Hydraulic Oil $26.00 (5 gal. pails) Power Steering Fluid $28.00 case of 12 (qt. containers) TDH Oil $38.75 (5 gal. pails) Transmission Fluid for Transit $325.00 (55 gal. drum) 5. This is not an exclusive contract, and the CITY reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the CITY. 6. The term "Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid 3) Addenda P. R. 19592 11/22/16 aw 4) General Information 5) Specifications 6) Bid 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. OWNER CONTRACTOR BY: BY: City Manager Blender Direct Representative DERRICK FREEMAN"PRINCE,MAYOR \ \t/ // BRIAN MCDOUGAL RAYMOND SCOTT,JR,MAYOR PRO TEM \ // CITY MANAGER Energy:-r COUNCIL MEMBERS: City of cin SHERRI BELLARD,TRMC 'r, :, , 1) CITY SECRETARY TIFFANY HAMILTON MORRIS ALBRIGHT,III VAL TIZENO KEITH RICHARD O r t r t h u r CITY ATTORNEY WILLIE`BAE"LEWIS,JR. OSMAN SWATI Texas CHARLOTTE MOSES KAPRINA RICHARDSON FRANK SEPTEMBER 16, 2016 INVITATION TO BID Petroleum Oil&Lubricants DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 5, 2016. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, October 5, 2016 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P16-064 DELIVERY ADDRESS: Please submit one(1)original and one(1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur,TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 clifton.williams(a,portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 1 Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Acting Purchasing Manager Page 2 of 18 INVITATION TO BID THE MOWING OF PRIVATELY-OWNED AND CITY-OWNED DEVELOPED AND VACANT LOTS IN THE CITY OF PORT ARTHUR (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 18 SUBMIT THE FOLLOWING A. BID SHEET-PAGE 9. B. NON-COLLUSION AFFIDAVIT - PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT- PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST PAGE 12-13. (SUBMIT IF THERE IS A CONFLICT. IF YOU DO NOT SUBMIT THE FORM, THE BIDDER IS STATING THERE IS NOT A CONFLICT). Page 4 of 18 SPECIFICATIONS FOR PETROLEUM OILS AND LUBRICANTS General Specifications: This contract shall be in effect for a period of one (1) year. At the end of one (1) year the City may renew this contract for two (2) additional one (1) year periods at the original contract bid amount. There shall be no increase in price should an extension be granted. Any terms and conditions stated in the original specifications shall apply to any extended periods. Lubricant supplies shall be manufactured from virgin base stock and shall not contain re-refined materials. All supplies will be delivered in sealed drums or manufacturers sealed containers. All containers shall be properly marked in accordance with applicable local, state, and federal regulations and certified that the product meets specification. Delivery time: Orders for manufacturers sealed containers of products placed before 9:00 AM must be delivered by 3:00 PM of the same day. Order for sealed drums of products placed after 9:00 AM must be delivered by 3:00 PM of the next business day. Sealed drums must be pumped into bulk storage tanks at the time of delivery. The successful vendor will be required to shelve delivered packaged products insuring that older stock is rotated for prompt distribution from the storeroom. Failure to meet this specification shall constitute default and the City will reserve the right to terminate any contract. Price information must be submitted on the bid submission sheet. Failure to use the bid submission sheet may be cause for the rejection of your bid. All prices are F.O.B:103 H.O. Mills Boulevard, Port Arthur, Texas 77640 and 320 Dallas Avenue, Port Arthur,Texas 77640. The successful bidder will be required to make product warranty adjustments by 9:00 AM of the next business day. Failure to meet this specification shall constitute default and the City will reserve the right to terminate said contract. All invoices and delivery tickets must clearly show purchase order number, quantity, item description, unit and extended price. Page 5 of 18 Anti-Freeze (Ethylene Glycol): Must be a premixed 50/50 single phase, ethylene glycol based product free of nitrites and amines. This product must be suitable for both automobile and heavy-duty diesel engines and must meet or exceed ASTM D 3306 and ASTM D 4985 specifications. This product is equivalent to Texaco Startex Antifreeze/Coolant Pre-Mixed 50/50. It will be purchased in one-gallon containers and 55-gallon drums. Anti-Freeze(Extended Life): Must be a premixed 50/50 single phase, propylene glycol based product free of nitrites and amines. This product must be suitable for both automobile and heavy-duty diesel engines with change intervals up to 5-years/100,000 miles. This product is equivalent to Texaco Antifreeze/Coolant ETX-6280BPK Pre-Mixed 50/50. It will be purchased in one-gallon containers and 55-gallon drums. Automatic Transmission Fluid: Must meet or exceed the requirements of General Motors Corporation for DEXRON II, Ford Motor Company for MERCON (M2C166), and Caterpillar TO-2 fluid. It will be purchased in quart containers. Chassis Grease: Shall be oxidation resistant lithium soap based grease suitable for general automotive use. Shall be designated as NLGI 2 and EP (extreme pressure). It will be purchased in 120-pound pails and 14-ounce cartridges. Engine oil SAE 15W40 Multi-grade: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufacturers. Must meet API classification CE, CD-II-SG, and SF. Must meet or exceed Mil Spec MIL-L-2104E and MIL-1-46152D. It will be purchased in quart containers. Gear Oil SAE 80W90: Must meet or exceed the requirements for API service GL-5. Must meet or exceed Mil Spec MIL-L-2105C. It will be purchased in 5-gallon pails. Hydraulic Fluid (HYD 68 AW): Shall be ISO 68 AW oil with anti-wear, rust and oxidation additives and a foam suppressant. Shall have a CST viscosity of 62.0 at 40 degrees Celsius. Shall have a pour point of-20 degrees Fahrenheit. It will be purchased in 5-gallon pails. Power Steering Fluid: A multipurpose product that is approved for use in all GM, Chrysler, and Ford power steering systems. This product is equivalent to Texaco Power Steering Fluid 11872. It will be purchased in quart containers. Diesel Exhaust Fluid: Diesel Exhaust Fluid(DEF), as standardized in ISO 22241[1], is an Aqueous Urea Solution of with 32.5%high-purity urea(AUS 32) and 67.5% deionized water. Page 6 of 18 Must meet or exceed the requirements for ASTM D7821 Standard Test Method for Field Test Determination of Urea Concentration in Diesel Exhaust Fluid(DEF) Must meet or exceed the requirements for ISO 22241-5:2012Diesel engines -NOx reduction agent AUS32 It will be purchased in 2.5 gallon containers. Transmission-Differential-Hydraulic Fluid: A common fluid to lubricate the transmission, differential, and hydraulic systems of wheeled type tractors. This product must be equivalent to Texaco TDH Oil Code 1893. It will be purchased in five-gallon pails. Transmission fluid for Transit: This product must be equivalent to Shell Donax TX Transmission Fluid NOTE: Bidders must submit Material Safety Data Sheets (MSDS) for all products with the bid package. Page 7 of 18 Estimated Annual Usage Anti-Freeze (Ethylene Glycol) one-gallon containers 600 gallons Anti-Freeze(Extended Life) one-gallon containers 200 gallons Automatic Transmission Fluid quart containers 1,600 quarts Chassis Grease 120-pound pails 5 pails Chassis Grease 14 ounce tubes 140 tubes Engine oil SAE 15W40 Multi-grade quart containers 3,300 quarts Engine oil SAE 80W90 5-gallon pails 10 pails Hydraulic oil ISO 68AW 5-gallon pails 530 pails Power Steering Fluid quart containers 36 quarts Diesel Exhaust Fluid 2.5 gallon containers 1,440 containers Transmission-Differential-Hydraulic(TDH) oil 5-gallon pails 20 pails Transmission fluid for Transit 55-gallon drums 4 drums Page 8 of 18 CITY OF PORT ARTHUR,TEXAS 110 BID SHEET • BID FOR: Petroleum Oil & Lubricants BID DUE DATE: October 5,2016 Bidders must bid in the Unit of Measure stated on Bid Sheet DESCRIPTION UNIT OF MEASURE UNIT COST Anti-Freeze(Ethylene Glycol) (-r x,1 one-gallon containers $ 7 �x Anti-Freeze(Extended Life) Zen one-gallon containers $ 5,�� ���yp7�,✓X6 Automatic Transmission Fluid quart containers $ j G,gz/rr,, AL ?o,00 Chassis Grease 120-pound sXj— $ r2 JC,ii v Chassis Grease 14 ounce tubes ( • s/7,0$ MEW e, ePl11 Engine oil SAE 15W40 Multi-grade quart containers $ Engine oil SAE 80W90 5-gallon pails $ g 3c eA,f Hydraulic oil ISO 68AW 5-gallon pails $ Power Steering Fluid quart containers $ .2137AciyeC` f Diesel Exhaust Fluid 2.5 Gallon Containers $ a2/,co C,r c, (1�% 2, lfe Transmission-Differential-Hydraulic (TDH)oil 5-gallon pails $ . ?8-7f-Ey/ G' Transmission fluid for Transit 55-gallon drums $ gedu o6tZ Peet CG� /2Z3.8, kuoi✓y-06s•7 COMP NAME STREET ADDRESS GNA ,, //OF BIDDER P.O.BOX / Leg "l 6(ZE/Ja ,iZ �t�4-6i-aA) t PRINT OR TYPE NAME CITY STATE ZIP /?CS i,(2—e eLrr' 'LDL -- 1-0 TITLE AREA CODE TELEPHONE NO. f-e4-(4 iZ® L t3iat,4r4j? f\)&7 - EMAIL FAX NO. 110 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01 , et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Y6-6 -75c7 Title: gz6-6/0&- i Company: i3L z )J0ZEc7- Date: SUBSCRIBED and sworn to before me by the above named .lig Moranp r, on this the Alt"'day of St.f4tr►,be.t- , 20 ito • Notary Public in and for the BRIANDA PAOIA BARRERA State of Texas Notary Public, Stote of Texas ?•./\ Q My Commission Expires ,M August 05, 2019 My commission expires: A y"3 6440,201(1 i • AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. Thersigned offers and agrees to one of the following: Zhereby certifythat I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. 0 �� _ C v NIOt%{r �Z- !/i'/�GCi Firm Name Date ,..,.---i------7(_t4 . - 2.___<-7--- /2,0-6--- ,.0 e-A./ I Athorized Sign ure Title t"-a% + c /4 actN0 * ) i7 2 ( 1 i 1" - G`-DCS Name (please print) Telephone r4s-_i }C .S,z, t✓- isizt(4 `¢-(Z c Ns ..5.--c Email /`X`/ `""F!;', BRIANDA PAOLA BARRERA �/ ``,``Pµ• PJB(•'' STATE: ?' _ Notary Public,State of Texas My Commission Expires ,t nF;,-,.� August 05, 2019 COUNTY: -/-1i4i?/2l SUBSCRIBED AND SWORN to before me by the above named still mbrtret, Tr. on this the ar% day of cSeivbar , 20 140 . fitudtAutop. Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. J n Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated f ' completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? n Yes n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. fl Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.usl Docs!LGPubmll..G.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship'means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: {1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 13 of 18 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. Page 14 of 18 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Equipment Services or Transit,P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. Page 15 of 18 INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal fmancial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to Page 16 of 18 terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage$100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. Page 17 of 18 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten(10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. • Page 18 of 18 P. R. 19592 11/22/16 aw Exhibit "C" P.R. 19592 11/22/16 aw MATERIALS SUPPLY AGREEMENT Purchase of Petroleum, Oil, and Lubricants THIS AGREEMENT, made this the day of , 2017 by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called"OWNER" or"CITY', and Quality Petroleum Supply & Services, L. L. C. , hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The Contract shall be for one year from the start date on the Notice to Proceed, with the option to renew for two additional one-year periods. 2. The CONTRACTOR will perform the work as delineated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of CONTRACTOR in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents as the primary vendor at the unit prices as stated below: Description UOM Automatic Transmission Fluid $3.51 (qt. container) 5. This is not an exclusive contract, and the CITY reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the CITY. 6. The term "Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid 3) Addenda 4) General Information 5) Specifications 6) Bid 7) Notice to Proceed P.R. 19592 11/22/16 aw 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. OWNER CONTRACTOR BY: BY: City Manager Quality Petroleum Supply & Services, L. L. C. Representative DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of SHERRI BELLARD,TRMC ` } CITY SECRETARY TIFFANY HAMILTON ? MORRIS ALBRIGHT,Ill VAL TIZENO KEITH RICHARD o r t r t It n� CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI Texas CHARLOTTE MOSES KAPRINA RICHARDSON FRANK SEPTEMBER 16,2016 INVITATION TO BID Petroleum Oil& Lubricants DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 5, 2016. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, October 5, 2016 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P16-064 DELIVERY ADDRESS: Please submit one(1)original and one(1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR,TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 clifton.williamsAportarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 1 Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Acting Purchasing Manager Page 2 of 18 INVITATION TO BID THE MOWING OF PRIVATELY-OWNED AND CITY-OWNED DEVELOPED AND VACANT LOTS IN THE CITY OF PORT ARTHUR (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 18 SUBMIT THE FOLLOWING A. BID SHEET-PAGE 9. B. NON-COLLUSION AFFIDAVIT- PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT- PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST PAGE 12-13. (SUBMIT IF THERE IS A CONFLICT. IF YOU DO NOT SUBMIT THE FORM, THE BIDDER IS STATING THERE IS NOT A CONFLICT). Page 4 of 18 SPECIFICATIONS FOR PETROLEUM OILS AND LUBRICANTS General Specifications: This contract shall be in effect for a period of one (1) year. At the end of one (1) year the City may renew this contract for two (2) additional one (1) year periods at the original contract bid amount. There shall be no increase in price should an extension be granted. Any terms and conditions stated in the original specifications shall apply to any extended periods. Lubricant supplies shall be manufactured from virgin base stock and shall not contain re-refined materials. All supplies will be delivered in sealed drums or manufacturers sealed containers. All containers shall be properly marked in accordance with applicable local, state, and federal regulations and certified that the product meets specification. Delivery time: Orders for manufacturers sealed containers of products placed before 9:00 AM must be delivered by 3:00 PM of the same day. Order for sealed drums of products placed after 9:00 AM must be delivered by 3:00 PM of the next business day. Sealed drums must be pumped into bulk storage tanks at the time of delivery. The successful vendor will be required to shelve delivered packaged products insuring that older stock is rotated for prompt distribution from the storeroom. Failure to meet this specification shall constitute default and the City will reserve the right to terminate any contract. Price information must be submitted on the bid submission sheet. Failure to use the bid submission sheet may be cause for the rejection of your bid. All prices are F.O.B:103 H.O. Mills Boulevard, Port Arthur, Texas 77640 and 320 Dallas Avenue, Port Arthur, Texas 77640. The successful bidder will be required to make product warranty adjustments by 9:00 AM of the next business day. Failure to meet this specification shall constitute default and the City will reserve the right to terminate said contract. All invoices and delivery tickets must clearly show purchase order number, quantity, item description, unit and extended price. Page 5 of 18 Anti-Freeze(Ethylene Glycol): Must be a premixed 50/50 single phase, ethylene glycol based product free of nitrites and amines. This product must be suitable for both automobile and heavy-duty diesel engines and must meet or exceed ASTM D 3306 and ASTM D 4985 specifications. This product is equivalent to Texaco Startex Antifreeze/Coolant Pre-Mixed 50/50. It will be purchased in one-gallon containers and 55-gallon drums. Anti-Freeze (Extended Life): Must be a premixed 50/50 single phase, propylene glycol based product free of nitrites and amines. This product must be suitable for both automobile and heavy-duty diesel engines with change intervals up to 5-years/100,000 miles. This product is equivalent to Texaco Antifreeze/Coolant ETX-6280BPK Pre-Mixed 50/50. It will be purchased in one-gallon containers and 55-gallon drums. Automatic Transmission Fluid: Must meet or exceed the requirements of General Motors Corporation for DEXRON II, Ford Motor Company for MERCON (M2C166), and Caterpillar TO-2 fluid. It will be purchased in quart containers. Chassis Grease: Shall be oxidation resistant lithium soap based grease suitable for general automotive use. Shall be designated as NLGI 2 and EP (extreme pressure). It will be purchased in 120-pound pails and 14-ounce cartridges. Engine oil SAE 15W40 Multi-grade: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufacturers. Must meet API classification CE, CD-II-SG, and SF. Must meet or exceed Mil Spec MIL-L-2104E and MIL-1-46152D. It will be purchased in quart containers. Gear Oil SAE 80W90: Must meet or exceed the requirements for API service GL-5. Must meet or exceed Mil Spec MIL-L-2105C. It will be purchased in 5-gallon pails. Hydraulic Fluid (HYD 68 AW): Shall be ISO 68 AW oil with anti-wear, rust and oxidation additives and a foam suppressant. Shall have a CST viscosity of 62.0 at 40 degrees Celsius. Shall have a pour point of-20 degrees Fahrenheit. It will be purchased in 5-gallon pails. Power Steering Fluid: A multipurpose product that is approved for use in all GM, Chrysler, and Ford power steering systems. This product is equivalent to Texaco Power Steering Fluid 11872. It will be purchased in quart containers. Diesel Exhaust Fluid: Diesel Exhaust Fluid(DEF), as standardized in ISO 22241[1], is an Aqueous Urea Solution of with 32.5%high-purity urea(AUS 32) and 67.5% deionized water. Page 6 of 18 Must meet or exceed the requirements for ASTM D7821 Standard Test Method for Field Test Determination of Urea Concentration in Diesel Exhaust Fluid (DEF) Must meet or exceed the requirements for ISO 22241-5:2012Diesel engines-NOx reduction agent AUS32 It will be purchased in 2.5 gallon containers. Transmission-Differential-Hydraulic Fluid: A common fluid to lubricate the transmission, differential, and hydraulic systems of wheeled type tractors. This product must be equivalent to Texaco TDH Oil Code 1893. It will be purchased in five-gallon pails. Transmission fluid for Transit: This product must be equivalent to Shell Donax TX Transmission Fluid NOTE: Bidders must submit Material Safety Data Sheets (MSDS) for all products with the bid package. Page 7 of 18 Estimated Annual Usage Anti-Freeze(Ethylene Glycol) one-gallon containers 600 gallons Anti-Freeze (Extended Life) one-gallon containers 200 gallons Automatic Transmission Fluid quart containers 1,600 quarts Chassis Grease 120-pound pails 5 pails Chassis Grease 14 ounce tubes 140 tubes Engine oil SAE 15W40 Multi-grade quart containers 3,300 quarts Engine oil SAE 80W90 5-gallon pails 10 pails Hydraulic oil ISO 68AW 5-gallon pails 530 pails Power Steering Fluid quart containers 36 quarts Diesel Exhaust Fluid 2.5 gallon containers 1,440 containers Transmission-Differential-Hydraulic(TDH)oil 5-gallon pails 20 pails Transmission fluid for Transit 55-gallon drums 4 drums Page 8 of 18 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Petroleum Oil &Lubricants BID DUE DATE: October 5, 2016 Bidders must bid in the Unit of Measure stated on Bid Sheet DESCRIPTION UNIT OF MEASURE UNIT COST Anti-Freeze (Ethylene Glycol) one-gallon containers $ 5 Oa Anti-Freeze(Extended Life) one-gallon containers $ 5- 6 9i Automatic Transmission Fluid quart containers $ 3.. 5I Chassis Grease 120-pound pails $ 31-0 33 Chassis Grease 14 ounce tubes $ a, 6 3 Engine oil SAE 15W40 Multi-grade quart containers $ 3-37--b Engine oil SAE 80W90 5-gallon pails $ 1(S. a O Hydraulic oil ISO 68AW 5-gallon pails $ 29 d 3 Ub Power Steering Fluid quart containers $ 3. 5 Diesel Exhaust Fluid 2.5 Gallon Containers $ R. 7-0 Transmission-Differential-Hydraulic (TDH) oil 5-gallon pails $ Y 0, 0// Transmission fluid for Transit 55-gallon drums $ 155 • 0 4 Qtu .1;-1-- P-r1e Spp j ?Ser✓ice3 LC j55-iVf C rocke+1 &free+ OMPA NAME STREET ADDRESS ie4v•-et4 Sul 4-e -- D SIGNATURE 0 P.O. BOX Corri ! i' c Z, To.neS /o5- o h 7X 7ØØ PRINT OR TYPE NAME CITY STATE ZIP Pres;de i—I 3 90 1 — 7- 7-80 TITLE AREA CODE TELEPHONE NO. C Tav/eSO Q pS-3Q roicgs.Ges, EMAIL FAX NO. (/0-&t--W0M Freedehrit&rti (A) {-1, w,i a G� b o�4"e-►i too I tit_r" 66 559 a e-i s , .. ,r 0r-es . .o - lwv, Com bi viel-► 55-g--cd,(0-vis (A)-4S2 b-e_ cc, cgz_aleifim,y_ C.1.01-e_ 6,6- 0 60 Page 9 of 18 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: 6. 1yrtofi't, ' 90-1-40 Printed Name: Title: pre S;cQ v►'t- Company: Q u a f l'-hj R -(-ro I e Spp aet __car/i w.f LLC Date: 10/ 3 / ZO I to SUBSCNBED and sworn to before me by the above i- ed i.-tz_14E111-t5 .-3-con this the day of Ocrt0. r , 20 (/o . a /1 / Notary Public in and for the CHERRYL S. WHlTTOTt State of Texas fdctary Public,Sto+e of Texas My Commission Expires •F - 7 °I ?�Ft , February 07, 2017 My commission expires: Page 10 of 18 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. & cd Puku, Slyly s v;cfs ILC /0/3/ z,0r Firm Name Date <-7 grer74:76-kext 1-eAuthorized Signature S Title CC)(Kt I CAS , C,1/1 e_s — q 01 — 7 Name (please print) Telephone C ; 0vles Email STATE: COUNTY: r 6cVY i -S SUBSCRIBED AND SWORN to before me by the above named C.,041J6 L(u$ 2 . 3* S on this the day of Cgc. be r1,20 CHERRYL S WHITTON 9 '''j'i Notary Public, State of Texas � My Commission Expires � 7, 2017 Notary Public February 0 y RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 18 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. J n I I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated ' completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? n Yes n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. J Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). ii Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ DocsiLG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship'means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a)A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176,003(a)(2)(A); (2) has given a local government officer of that local governmental entity,ora family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local govemmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.stete.tx.us Revised 11/30:2015 Page 13 of 18 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. Page 14 of 18 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Equipment Services or Transit,P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. Page 15 of 18 INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to Page 16 of 18 terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. Page 17 of 18 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten(10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period,the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 18 of 18 Estimated Annual Usage Anti-Freeze(Ethylene Glycol) one-gallon containers 600 gallons Anti-Freeze(Extended Life) one-gallon containers 200 gallons Automatic Transmission Fluid quart containers 1,600 quarts Chassis Grease 120-pound pails 5 pails Chassis Grease 14 ounce tubes 140 tubes Engine oil SAE 15W40 Multi-grade quart containers 3,300 quarts Engine oil SAE 80W90 5-gallon pails 10 pails Hydraulic oil ISO 68AW 5-gallon pails 530 pails Power Steering Fluid quart containers 36 quarts Diesel Exhaust Fluid 2.5 gallon containers 1,440 containers Transmission-Differential-Hydraulic(TDH) oil 5-gallon pails 20 pails Transmission fluid for Transit 55-gallon drums 4 drums Page 8of18 E)KonMobil Product Name: MOBIL ATF D/M Revision Date: 17 Mar 2015 Page 1 of 11 SAFETY DATA SHEET SECTION 1 PRODUCT AND COMPANY IDENTIFICATION PRODUCT Product Name: MOBIL ATF D/M Product Description: Base Oil and Additives Product Code: 201530202070, 525345-00, 97Z692 Intended Use: Automatic transmission fluid COMPANY IDENTIFICATION Supplier: EXXON MOBIL CORPORATION 22777 Springwoods Village Parkway Spring, TX. 77389 USA 24 Hour Health Emergency 609-737-4411 Transportation Emergency Phone 800-424-9300 or 703-527-3887 CHEMTREC Product Technical Information 800-662-4525 MSDS Internet Address http://www.exxon.com, http://www.mobil.com SECTION 2 HAZARDS IDENTIFICATION This material is hazardous according to regulatory guidelines (see (M)SDS Section 15). CLASSIFICATION: Skin Sensitizer: Category 1. LABEL: Pictogram: Signal Word: Warning Hazard Statements: H317: May cause allergic skin reaction. Precautionary Statements: P101: If medical advice is needed, have product container or label at hand. P102: Keep out of reach of children. P103: Read label before use.P261: Avoid breathing mist/vapours. P272: Contaminated work clothing should not be allowed out of the workplace. P273: Avoid release to the environment. P280: Wear protective gloves.P302 + P352: IF ON SKIN: Wash with plenty of soap and water. P333 + P313: If skin irritation or rash occurs: Get medical advice/attention.P501: Dispose of contents and container in accordance with local regulations. Contains: BIS(2-HYDROXYETHYL)TALLOW AMINE E)KonMobil Product Name: MOBIL ATF D/M Revision Date: 17 Mar 2015 Page 2 of 11 Other hazard information: HAZARD NOT OTHERWISE CLASSIFIED(HNOC): None as defined under 29 CFR 1910.1200. PHYSICAL/CHEMICAL HAZARDS No significant hazards. HEALTH HAZARDS High-pressure injection under skin may cause serious damage. Excessive exposure may result in eye, skin, or respiratory irritation. ENVIRONMENTAL HAZARDS Expected to be harmful to aquatic organisms. May cause long-term adverse effects in the aquatic environment. NFPA Hazard ID: Health: 2 Flammability: 1 Reactivity: 0 HMIS Hazard ID: Health: 2 Flammability: 1 Reactivity: 0 NOTE: This material should not be used for any other purpose than the intended use in Section 1 without expert advice. Health studies have shown that chemical exposure may cause potential human health risks which may vary from person to person. SECTION 3 COMPOSITION/INFORMATION ON INGREDIENTS This material is defined as a mixture. Hazardous Substance(s)or Complex Substance(s) required for disclosure Name CAS# Concentration* GHS Hazard Codes 1H-IMIDAZOLE-1-ETHANOL, 27136-73-8 0.1 -< 1% H302, H314(1B), 2-(HEPTADECENYL)-4,5-DIHYDRO- H400(M factor 1), H410(M factor 1) 2-PROPANOL, 1-(TERT-DODECYLTHIO)- 67124-09-8 1 -2.5% H317, H400(M factor 1), H410(M factor 1) BENZENAMINE,AR-NONYL-N-(NONYL PHENYL)- 36878-20-3 1 -<5% H413 BIS(2-HYDROXYETHYL)TALLOW AMINE 61791-44-4 0.1 -<0.25% H302, H317, H330(2), H314(16), H400(M factor 10) DIPHENYLAMINE 122-39-4 0.1 -<1% H301, H311, H331, H373, H400(M factor 1), H410(M factor 1) HYDROTREATED LIGHT PARAFFINIC DISTILLATES, 64742-55-8 10-<20% H304 PETROLEUM SOLVENT DEWAXED LIGHT PARAFFINIC DISTILLATE 64742-56-9 70-<80% H304 (PETROLEUM) *All concentrations are percent by weight unless material is a gas. Gas concentrations are in percent by volume. As per paragraph (i)of 29 CFR 1910.1200, formulation is considered a trade secret and specific chemical identity and exact percentage(concentration)of composition may have been withheld. Specific chemical identity and exact E)KonMobil Product Name: MOBIL ATF D/M Revision Date: 17 Mar 2015 Page 3 of 11 percentage composition will be provided to health professionals, employees, or designated representatives in accordance with applicable provisions of paragraph (i). SECTION 4 FIRST AID MEASURES INHALATION Remove from further exposure. For those providing assistance, avoid exposure to yourself or others. Use adequate respiratory protection. If respiratory irritation, dizziness, nausea, or unconsciousness occurs, seek immediate medical assistance. If breathing has stopped, assist ventilation with a mechanical device or use mouth-to-mouth resuscitation. SKIN CONTACT Wash contact areas with soap and water. Remove contaminated clothing. Launder contaminated clothing before reuse. If product is injected into or under the skin, or into any part of the body, regardless of the appearance of the wound or its size, the individual should be evaluated immediately by a physician as a surgical emergency. Even though initial symptoms from high pressure injection may be minimal or absent, early surgical treatment within the first few hours may significantly reduce the ultimate extent of injury. EYE CONTACT Flush thoroughly with water. If irritation occurs, get medical assistance. INGESTION First aid is normally not required. Seek medical attention if discomfort occurs. SECTION 5 FIRE FIGHTING MEASURES EXTINGUISHING MEDIA Appropriate Extinguishing Media: Use water fog, foam, dry chemical or carbon dioxide(CO2)to extinguish flames. Inappropriate Extinguishing Media: Straight Streams of Water FIRE FIGHTING Fire Fighting Instructions: Evacuate area. Prevent runoff from fire control or dilution from entering streams, sewers, or drinking water supply. Firefighters should use standard protective equipment and in enclosed spaces, self-contained breathing apparatus (SCBA). Use water spray to cool fire exposed surfaces and to protect personnel. Hazardous Combustion Products: Incomplete combustion products, Smoke, Fume, Sulfur oxides, Aldehydes, Oxides of carbon FLAMMABILITY PROPERTIES Flash Point [Method]: >177°C (351°F) [ASTM D-92] Flammable Limits (Approximate volume% in air): LEL: 0.9 UEL: 7.0 Autoignition Temperature: N/D SECTION 6 ACCIDENTAL RELEASE MEASURES E2KonMobil Product Name: MOBIL ATF D/M Revision Date: 17 Mar 2015 Page 4 of 11 NOTIFICATION PROCEDURES In the event of a spill or accidental release, notify relevant authorities in accordance with all applicable regulations. US regulations require reporting releases of this material to the environment which exceed the applicable reportable quantity or oil spills which could reach any waterway including intermittent dry creeks. The National Response Center can be reached at(800)424-8802. PROTECTIVE MEASURES Avoid contact with spilled material. See Section 5 for fire fighting information. See the Hazard Identification Section for Significant Hazards. See Section 4 for First Aid Advice. See Section 8 for advice on the minimum requirements for personal protective equipment.Additional protective measures may be necessary, depending on the specific circumstances and/or the expert judgment of the emergency responders. For emergency responders: Respiratory protection: respiratory protection will be necessary only in special cases, e.g., formation of mists. Half-face or full-face respirator with filter(s)for dust/organic vapor or Self Contained Breathing Apparatus (SCBA) can be used depending on the size of spill and potential level of exposure. If the exposure cannot be completely characterized or an oxygen deficient atmosphere is possible or anticipated, SCBA is recommended. Work gloves that are resistant to hydrocarbons are recommended. Gloves made of polyvinyl acetate(PVA) are not water-resistant and are not suitable for emergency use. Chemical goggles are recommended if splashes or contact with eyes is possible. Small spills: normal antistatic work clothes are usually adequate. Large spills:full body suit of chemical resistant, antistatic material is recommended. SPILL MANAGEMENT Land Spill: Stop leak if you can do it without risk. Recover by pumping or with suitable absorbent. Water Spill: Stop leak if you can do it without risk. Confine the spill immediately with booms. Warn other shipping. Remove from the surface by skimming or with suitable absorbents. Seek the advice of a specialist before using dispersants. Water spill and land spill recommendations are based on the most likely spill scenario for this material; however, geographic conditions, wind, temperature, (and in the case of a water spill)wave and current direction and speed may greatly influence the appropriate action to be taken. For this reason, local experts should be consulted. Note: Local regulations may prescribe or limit action to be taken. ENVIRONMENTAL PRECAUTIONS Large Spills: Dike far ahead of liquid spill for later recovery and disposal. Prevent entry into waterways, sewers, basements or confined areas. SECTION 7 HANDLING AND STORAGE HANDLING Prevent small spills and leakage to avoid slip hazard. Material can accumulate static charges which may cause an electrical spark (ignition source). When the material is handled in bulk, an electrical spark could ignite any flammable vapors from liquids or residues that may be present(e.g., during switch-loading operations). Use proper bonding and/or ground procedures. However, bonding and grounds may not eliminate the hazard from static accumulation. Consult local applicable standards for guidance. Additional references include American Petroleum Institute 2003 (Protection Against Ignitions Arising out of Static, Lightning and Stray Currents)or National Fire Protection Agency 77 (Recommended Practice on Static Electricity) or CENELEC CLC/TR 50404 (Electrostatics- Code of practice for the avoidance of hazards due to static electricity). EkonMobil Product Name: MOBIL ATF D/M Revision Date: 17 Mar 2015 Page 5 of 11 Static Accumulator: This material is a static accumulator. STORAGE The container choice, for example storage vessel, may effect static accumulation and dissipation. Do not store in open or unlabelled containers. Keep away from incompatible materials. SECTION 8 EXPOSURE CONTROLS / PERSONAL PROTECTION EXPOSURE LIMIT VALUES Exposure limits/standards (Note: Exposure limits are not additive) Substance Name Form Limit/Standard NOTE Source DIPHENYLAMINE TWA 10 mg/m3 N/A ACGIH HYDROTREATED LIGHT Mist. TWA 5 mg/m3 N/A OSHA Z1 PARAFFINIC DISTILLATES, PETROLEUM HYDROTREATED LIGHT Inhalable TWA 5 mg/m3 N/A ACGIH PARAFFINIC DISTILLATES, fraction. PETROLEUM HYDROTREATED LIGHT Mist. TWA 5 mg/m3 N/A ACGIH PARAFFINIC DISTILLATES, PETROLEUM SOLVENT DEWAXED LIGHT Mist. TWA 5 mg/m3 N/A OSHA Z1 PARAFFINIC DISTILLATE (PETROLEUM) SOLVENT DEWAXED LIGHT Inhalable TWA 5 mg/m3 N/A ACGIH PARAFFINIC DISTILLATE fraction. (PETROLEUM) SOLVENT DEWAXED LIGHT Mist. TWA 5 mg/m3 N/A ACGIH PARAFFINIC DISTILLATE (PETROLEUM) Exposure limits/standards for materials that can be formed when handling this product: When mists/aerosols can occur the following are recommended: 5 mg/m'-ACGIH TLV(inhalable fraction), 5 mg/m'-OSHA PEL. NOTE: Limits/standards shown for guidance only. Follow applicable regulations. No biological limits allocated. ENGINEERING CONTROLS The level of protection and types of controls necessary will vary depending upon potential exposure conditions. Control measures to consider: No special requirements under ordinary conditions of use and with adequate ventilation. PERSONAL PROTECTION Personal protective equipment selections vary based on potential exposure conditions such as applications, handling practices, concentration and ventilation. Information on the selection of protective equipment for use with this material, as provided below, is based upon intended, normal usage. EonMobil Product Name: MOBIL ATF D/M Revision Date: 17 Mar 2015 Page 6 of 11 Respiratory Protection: If engineering controls do not maintain airborne contaminant concentrations at a level which is adequate to protect worker health, an approved respirator may be appropriate. Respirator selection, use, and maintenance must be in accordance with regulatory requirements, if applicable. Types of respirators to be considered for this material include: No special requirements under ordinary conditions of use and with adequate ventilation. For high airborne concentrations, use an approved supplied-air respirator, operated in positive pressure mode. Supplied air respirators with an escape bottle may be appropriate when oxygen levels are inadequate, gas/vapor warning properties are poor, or if air purifying filter capacity/rating may be exceeded. Hand Protection: Any specific glove information provided is based on published literature and glove manufacturer data. Glove suitability and breakthrough time will differ depending on the specific use conditions. Contact the glove manufacturer for specific advice on glove selection and breakthrough times for your use conditions. Inspect and replace worn or damaged gloves. The types of gloves to be considered for this material include: Chemical resistant gloves are recommended. Eye Protection: If contact is likely, safety glasses with side shields are recommended. Skin and Body Protection: Any specific clothing information provided is based on published literature or manufacturer data. The types of clothing to be considered for this material include: Chemical/oil resistant clothing is recommended. Specific Hygiene Measures: Always observe good personal hygiene measures, such as washing after handling the material and before eating, drinking, and/or smoking. Routinely wash work clothing and protective equipment to remove contaminants. Discard contaminated clothing and footwear that cannot be cleaned. Practice good housekeeping. ENVIRONMENTAL CONTROLS Comply with applicable environmental regulations limiting discharge to air, water and soil. Protect the environment by applying appropriate control measures to prevent or limit emissions. SECTION 9 PHYSICAL AND CHEMICAL PROPERTIES Note: Physical and chemical properties are provided for safety, health and environmental considerations only and may not fully represent product specifications. Contact the Supplier for additional information. GENERAL INFORMATION Physical State: Liquid Color: Red Odor: Characteristic Odor Threshold: N/D IMPORTANT HEALTH, SAFETY, AND ENVIRONMENTAL INFORMATION Relative Density (at 15°C): 0.863 Flammability (Solid, Gas): N/A Flash Point[Method]: >177°C (351°F) [ASTM D-92] Flammable Limits (Approximate volume % in air): LEL: 0.9 UEL: 7.0 Autoignition Temperature: N/D EonMobil Product Name: MOBIL ATF D/M Revision Date: 17 Mar 2015 Page7of 11 Boiling Point/Range: > 316°C(600°F) Decomposition Temperature: N/D Vapor Density (Air= 1): >2 at 101 kPa Vapor Pressure: < 0.013 kPa (0.1 mm Hg) at 20 °C Evaporation Rate(n-butyl acetate= 1): N/D pH: N/A Log Pow(n-Octanol/Water Partition Coefficient): > 3.5 Solubility in Water: Negligible Viscosity: 34 cSt (34 mm2/sec)at 40°C I 7.2 cSt (7.2 mm2/sec) at 100°C Oxidizing Properties: See Hazards Identification Section. OTHER INFORMATION Freezing Point: N/D Melting Point: N/A Pour Point: -34°C (-30°F) DMSO Extract(mineral oil only), IP-346: < 3 %wt SECTION 10 STABILITY AND REACTIVITY REACTIVITY: See sub-sections below. STABILITY: Material is stable under normal conditions. CONDITIONS TO AVOID: Excessive heat. High energy sources of ignition. MATERIALS TO AVOID: Strong oxidizers HAZARDOUS DECOMPOSITION PRODUCTS: Material does not decompose at ambient temperatures. POSSIBILITY OF HAZARDOUS REACTIONS: Hazardous polymerization will not occur. SECTION 11 TOXICOLOGICAL INFORMATION INFORMATION ON TOXICOLOGICAL EFFECTS Hazard Class Conclusion/Remarks Inhalation Acute Toxicity: No end point data for Minimally Toxic. Based on assessment of the components. material. Irritation: No end point data for material. Negligible hazard at ambient/normal handling temperatures. Based on assessment of the components. Ingestion Acute Toxicity: No end point data for Minimally Toxic. Based on test data for structurally similar material. materials. Skin Acute Toxicity: No end point data for Minimally Toxic. Based on assessment of the components. material. Skin Corrosion/Irritation: No end point data Negligible irritation to skin at ambient temperatures. Based on for material. assessment of the components. Eye Serious Eye Damage/Irritation: No end point May cause mild,short-lasting discomfort to eyes. Based on data for material. assessment of the components. EkonMobil Product Name: MOBIL ATF D/M Revision Date: 17 Mar 2015 Page 8 of 11 Sensitization Respiratory Sensitization: No end point data Not expected to be a respiratory sensitizer. for material. Skin Sensitization: No end point data for Contains a substance that may cause skin sensitization. Based on material. assessment of the components. Aspiration: Data available. Not expected to be an aspiration hazard. Based on physico-chemical properties of the material. Germ Cell Mutagenicity: No end point data Not expected to be a germ cell mutagen. Based on assessment of for material. the components. Carcinogenicity: No end point data for Not expected to cause cancer. Based on assessment of the material. components. Reproductive Toxicity: No end point data Not expected to be a reproductive toxicant. Based on assessment for material. of the components. Lactation: No end point data for material. Not expected to cause harm to breast-fed children. Specific Target Organ Toxicity(STOT) Single Exposure: No end point data for Not expected to cause organ damage from a single exposure. material. Repeated Exposure: No end point data for Not expected to cause organ damage from prolonged or repeated material. exposure. Based on assessment of the components. OTHER INFORMATION For the product itself: An ingredient or ingredients that are classified as a skin sensitizer. Contains: Base oil severely refined: Not carcinogenic in animal studies. Representative material passes IP-346, Modified Ames test, and/or other screening tests. Dermal and inhalation studies showed minimal effects; lung non-specific infiltration of immune cells, oil deposition and minimal granuloma formation. Not sensitizing in test animals. The following ingredients are cited on the lists below: None. --REGULATORY LISTS SEARCHED-- 1 = NTP CARC 3 = IARC 1 5 = IARC 2B 2 = NTP SUS 4 = IARC 2A 6 = OSHA CARC SECTION 12 ECOLOGICAL INFORMATION The information given is based on data available for the material, the components of the material, and similar materials. ECOTOXICITY Material -- Expected to be harmful to aquatic organisms. May cause long-term adverse effects in the aquatic environment. MOBILITY Base oil component-- Low solubility and floats and is expected to migrate from water to the land. Expected to partition to sediment and wastewater solids. Ec(onMobil Product Name: MOBIL ATF D/M Revision Date: 17 Mar 2015 Page 9 of 11 PERSISTENCE AND DEGRADABILITY Biodegradation: Base oil component-- Expected to be inherently biodegradable BIOACCUMULATION POTENTIAL Base oil component-- Has the potential to bioaccumulate, however metabolism or physical properties may reduce the bioconcentration or limit bioavailability. SECTION 13 DISPOSAL CONSIDERATIONS Disposal recommendations based on material as supplied. Disposal must be in accordance with current applicable laws and regulations, and material characteristics at time of disposal. DISPOSAL RECOMMENDATIONS Product is suitable for burning in an enclosed controlled burner for fuel value or disposal by supervised incineration at very high temperatures to prevent formation of undesirable combustion products. Protect the environment. Dispose of used oil at designated sites. Minimize skin contact. Do not mix used oils with solvents, brake fluids or coolants. REGULATORY DISPOSAL INFORMATION RCRA Information:The unused product, in our opinion, is not specifically listed by the EPA as a hazardous waste(40 CFR, Part 261D), nor is it formulated to contain materials which are listed as hazardous wastes. It does not exhibit the hazardous characteristics of ignitability, corrositivity or reactivity and is not formulated with contaminants as determined by the Toxicity Characteristic Leaching Procedure(TCLP). However, used product may be regulated. Empty Container Warning Empty Container Warning (where applicable): Empty containers may contain residue and can be dangerous. Do not attempt to refill or clean containers without proper instructions. Empty drums should be completely drained and safely stored until appropriately reconditioned or disposed. Empty containers should be taken for recycling, recovery, or disposal through suitably qualified or licensed contractor and in accordance with governmental regulations. DO NOT PRESSURISE, CUT, WELD, BRAZE, SOLDER, DRILL, GRIND, OR EXPOSE SUCH CONTAINERS TO HEAT, FLAME, SPARKS, STATIC ELECTRICITY, OR OTHER SOURCES OF IGNITION. THEY MAY EXPLODE AND CAUSE INJURY OR DEATH. SECTION 14 TRANSPORT INFORMATION LAND (DOT): Not Regulated for Land Transport LAND(TDG): Not Regulated for Land Transport SEA (IMDG): Not Regulated for Sea Transport according to IMDG-Code Marine Pollutant: No E onMobil Product Name: MOBIL ATF D/M Revision Date: 17 Mar 2015 Page 10 of 11 AIR(IATA): Not Regulated for Air Transport SECTION 15 REGULATORY INFORMATION OSHA HAZARD COMMUNICATION STANDARD: This material is considered hazardous in accordance with OSHA HazCom 2012, 29 CFR 1910.1200. Listed or exempt from listing/notification on the following chemical inventories: AICS, DSL, IECSC, KECI, PICCS, TSCA EPCRA SECTION 302: This material contains no extremely hazardous substances. SARA (311/312)REPORTABLE HAZARD CATEGORIES: None. SARA (313)TOXIC RELEASE INVENTORY: This material contains no chemicals subject to the supplier notification requirements of the SARA 313 Toxic Release Program. The following ingredients are cited on the lists below: Chemical Name CAS Number List Citations DIPHENYLAMINE 122-39-4 18 HYDROTREATED LIGHT 64742-55-8 1, 4, 17, 18 PARAFFINIC DISTILLATES, PETROLEUM --REGULATORY LISTS SEARCHED-- 1 =ACGIH ALL 6 =TSCA 5a2 11 = CA P65 REPRO 16 = MN RTK 2 =ACGIH Al 7 =TSCA 5e 12 = CA RTK 17= NJ RTK 3 =ACGIHA2 8 =TSCA6 13 = ILRTK 18 = PARTK 4 = OSHAZ 9 =TSCA12b 14 = LARTK 19 = RIRTK 5 =TSCA 4 10= CA P65 CARC 15 = MI 293 Code key: CARC=Carcinogen; REPRO=Reproductive SECTION 16 OTHER INFORMATION N/D = Not determined, N/A= Not applicable KEY TO THE H-CODES CONTAINED IN SECTION 3 OF THIS DOCUMENT(for information only): H301:Toxic if swallowed; Acute Tox Oral, Cat 3 H302: Harmful if swallowed;Acute Tox Oral, Cat 4 Ec(onMobil Product Name: MOBIL ATF D/M Revision Date: 17 Mar 2015 Page 11 of 11 H304: May be fatal if swallowed and enters airways; Aspiration, Cat 1 H311: Toxic in contact with skin;Acute Tox Dermal, Cat 3 H314(1 B): Causes severe skin burns and eye damage; Skin Corr/Irritation, Cat 1B H317: May cause allergic skin reaction; Skin Sensitization, Cat 1 H330(2): Fatal if inhaled;Acute Tox lnh, Cat 2 H331: Toxic if inhaled;Acute Tox Inh, Cat 3 H373: May cause damage to organs through prolonged or repeated exposure; Target Organ, Repeated, Cat 2 H400:Very toxic to aquatic life;Acute Env Tox, Cat 1 H410: Very toxic to aquatic life with long lasting effects; Chronic Env Tox, Cat 1 H413: May cause long lasting harmful effects to aquatic life; Chronic Env Tox, Cat 4 THIS SAFETY DATA SHEET CONTAINS THE FOLLOWING REVISIONS: Updates made in accordance with implementation of GHS requirements. The information and recommendations contained herein are, to the best of ExxonMobil's knowledge and belief, accurate and reliable as of the date issued. You can contact ExxonMobil to insure that this document is the most current available from ExxonMobil. The information and recommendations are offered for the user's consideration and examination. It is the user's responsibility to satisfy itself that the product is suitable for the intended use. If buyer repackages this product, it is the user's responsibility to insure proper health, safety and other necessary information is included with and/or on the container. Appropriate warnings and safe-handling procedures should be provided to handlers and users. Alteration of this document is strictly prohibited. Except to the extent required by law, re-publication or retransmission of this document, in whole or in part, is not permitted. The term, "ExxonMobil" is used for convenience, and may include any one or more of ExxonMobil Chemical Company, Exxon Mobil Corporation, or any affiliates in which they directly or indirectly hold any interest. Internal Use Only MHC: OB, OB, 0, 0, 0, 0 PPEC: C DGN: 7009565XUS (1017953) Copyright 2002 Exxon Mobil Corporation, All rights reserved P.R. 19592 11/22/16 aw Exhibit "D" P. R. 19592 11/22/16 aw MATERIALS SUPPLY AGREEMENT Purchase of Petroleum, Oil, and Lubricants THIS AGREEMENT, made this the day of , 2017 by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY", and Beaumont Freightliner , hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The Contract shall be for one year from the start date on the Notice to Proceed, with the option to renew for two additional one-year periods. 2. The CONTRACTOR will perform the work as delineated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of CONTRACTOR in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents as the primary vendor at the unit prices as stated below: Description UOM Chassis Grease $298.04 (120 lb. pails) Diesel Exhaust Fluid $6.75 (2.5 gal. containers) 5. This is not an exclusive contract, and the CITY reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the CITY. 6. The term"Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid 3) Addenda 4) General Information 5) Specifications 6) Bid 7) Notice to Proceed P. R. 19592 11/22/16 aw 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. OWNER CONTRACTOR BY: BY: City Manager Beaumont Freightliner Representative P.R. 19592 11/22/16 aw Exhibit "E" • DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of 4 SHERRI BELLARD,TRMC CITY SECRETARY TIFFANY HAMILTON ®/ MORRIS ALBRIGHT,III c� VAL TIZENO KEITH RICHARD ort I r t h u— CITY ATTORNEY WILLIE"BAE"LEWIS,JR OSMAN SWATITexas CHARLOTTE MOSES KAPRINA RICHARDSON FRANK SEPTEMBER 16, 2016 INVITATION TO BID Petroleum Oil& Lubricants DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 5, 2016. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, October 5, 2016 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P16-064 DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 clifton.williams(a�portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 10891444 4th Street' Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 0 • The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Acting Purchasing Manager Page 2 of 18 0 • INVITATION TO BID THE MOWING OF PRIVATELY-OWNED AND CITY-OWNED DEVELOPED AND VACANT LOTS IN THE CITY OF PORT ARTHUR (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yej No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? / Does your present work load permit additional work? i/ Comments/Other Suggestions: Company Name: 4 _CU.I, frle(-- 41-/tAi-''--- Person Comleting Form: Telephone: 0-),/bp- (care �p9— 7 9C_ .z Mailing Address: 17__.re,.,m il: 739 0 .-/' /o c arm ��� City, State,Zip Code: Date: , Qc t / c,,-3 77 7C- /OA1/60 Page 3 of 18 • I SUBMIT THE FOLLOWING A. BID SHEET-PAGE 9. B. NON-COLLUSION AFFIDAVIT- PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST PAGE 12-13. (SUBMIT IF THERE IS A CONFLICT. IF YOU DO NOT SUBMIT THE FORM, THE BIDDER IS STATING THERE IS NOT A CONFLICT). Page 4 of 18 • i SPECIFICATIONS FOR PETROLEUM OILS AND LUBRICANTS General Specifications: This contract shall be in effect for a period of one (1) year. At the end of one (1) year the City may renew this contract for two (2) additional one (1) year periods at the original contract bid amount. There shall be no increase in price should an extension be granted. Any terms and conditions stated in the original specifications shall apply to any extended periods. Lubricant supplies shall be manufactured from virgin base stock and shall not contain re-refined materials. All supplies will be delivered in sealed drums or manufacturers sealed containers. All containers shall be properly marked in accordance with applicable local, state, and federal regulations and certified that the product meets specification. Delivery time: Orders for manufacturers sealed containers of products placed before 9:00 AM must be delivered by 3:00 PM of the same day. Order for sealed drums of products placed after 9:00 AM must be delivered by 3:00 PM of the next business day. Sealed drums must be pumped into bulk storage tanks at the time of delivery. The successful vendor will be required to shelve delivered packaged products insuring that older stock is rotated for prompt distribution from the storeroom. Failure to meet this specification shall constitute default and the City will reserve the right to terminate any contract. Price information must be submitted on the bid submission sheet. Failure to use the bid submission sheet may be cause for the rejection of your bid. All prices are F.O.B:103 H.O. Mills Boulevard, Port Arthur, Texas 77640 and 320 Dallas Avenue, Port Arthur, Texas 77640. The successful bidder will be required to make product warranty adjustments by 9:00 AM of the next business day. Failure to meet this specification shall constitute default and the City will reserve the right to terminate said contract. All invoices and delivery tickets must clearly show purchase order number, quantity, item description, unit and extended price. Page 5 of 18 • Anti-Freeze (Ethylene Glycol): Must be a premixed 50/50 single phase, ethylene glycol based product free of nitrites and amines. This product must be suitable for both automobile and heavy-duty diesel engines and must meet or exceed ASTM D 3306 and ASTM D 4985 specifications. This product is equivalent to Texaco Startex Antifreeze/Coolant Pre-Mixed 50/50. It will be purchased in one-gallon containers and 55-gallon drums. Anti-Freeze (Extended Life): Must be a premixed 50/50 single phase, propylene glycol based product free of nitrites and amines. This product must be suitable for both automobile and heavy-duty diesel engines with change intervals up to 5-years/100,000 miles. This product is equivalent to Texaco Antifreeze/Coolant ETX-6280BPK Pre-Mixed 50/50. It will be purchased in one-gallon containers and 55-gallon drums. Automatic Transmission Fluid: Must meet or exceed the requirements of General Motors Corporation for DEXRON II, Ford Motor Company for MERCON (M2C 166), and Caterpillar TO-2 fluid. It will be purchased in quart containers. Chassis Grease: Shall be oxidation resistant lithium soap based grease suitable for general automotive use. Shall be designated as NLGI 2 and EP (extreme pressure). It will be purchased in 120-pound pails and 14-ounce cartridges. Engine oil SAE 15W40 Multi-grade: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufacturers. Must meet API classification CE, CD-II-SG, and SF. Must meet or exceed Mil Spec MIL-L-2104E and MIL-I-46152D. It will be purchased in quart containers. Gear Oil SAE 80W90: Must meet or exceed the requirements for API service GL-5. Must meet or exceed Mil Spec MIL-L-2105C. It will be purchased in 5-gallon pails. Hydraulic Fluid (HYD 68 AW): Shall be ISO 68 AW oil with anti-wear, rust and oxidation additives and a foam suppressant. Shall have a CST viscosity of 62.0 at 40 degrees Celsius. Shall have a pour point of-20 degrees Fahrenheit. It will be purchased in 5-gallon pails. Power Steering Fluid: A multipurpose product that is approved for use in all GM, Chrysler, and Ford power steering systems. This product is equivalent to Texaco Power Steering Fluid 11872. It will be purchased in quart containers. Diesel Exhaust Fluid: Diesel Exhaust Fluid (DEF), as standardized in ISO 22241[1], is an Aqueous Urea Solution of with 32.5%high-purity urea(AUS 32) and 67.5%deionized water. Page 6 of 18 • Must meet or exceed the requirements for ASTM D7821 Standard Test Method for Field Test Determination of Urea Concentration in Diesel Exhaust Fluid (DEF) Must meet or exceed the requirements for ISO 22241-5:2012Diesel engines -NOx reduction agent AUS32 It will be purchased in 2.5 gallon containers. Transmission-Differential-Hydraulic Fluid: A common fluid to lubricate the transmission, differential, and hydraulic systems of wheeled type tractors. This product must be equivalent to Texaco TDH Oil Code 1893. It will be purchased in five-gallon pails. Transmission fluid for Transit: This product must be equivalent to Shell Donax TX Transmission Fluid NOTE: Bidders must submit Material Safety Data Sheets (MSDS) for all products with the bid package. Page 7 of 18 • • Estimated Annual Usage Anti-Freeze (Ethylene Glycol) one-gallon containers 600 gallons Anti-Freeze (Extended Life) one-gallon containers 200 gallons Automatic Transmission Fluid quart containers 1,600 quarts Chassis Grease 120-pound pails 5 pails Chassis Grease 14 ounce tubes 140 tubes Engine oil SAE 15W40 Multi-grade quart containers 3,300 quarts Engine oil SAE 80W90 5-gallon pails 10 pails Hydraulic oil ISO 68AW 5-gallon pails 530 pails Power Steering Fluid quart containers 36 quarts Diesel Exhaust Fluid 2.5 gallon containers 1,440 containers Transmission-Differential-Hydraulic (TDH) oil 5-gallon pails 20 pails Transmission fluid for Transit 55-gallon drums 4 drums Page 8of18 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Petroleum Oil & Lubricants BID DUE DATE: October 5, 2016 Bidders must bid in the Unit of Measure stated on Bid Sheet DESCRIPTION UNIT OF MEASURE UNIT COST Anti-Freeze(Ethylene Glycol) one-gallon containers $ '�•C1 0 Anti-Freeze(Extended Life) one-gallon containers $ Automatic Transmission Fluid quart containers $ 5� . 660 dC Chassis Grease 120-pound pails $ U ,coi Chassis Grease 14 ounce tubes $ e7f 6 1-1 Engine oil SAE 15W40 Multi-grade quart containers $ "1 9 9 Engine oil SAE 80W90 5-gallon pails $ 5., Hydraulic oil ISO 68AW 5-gallon pails $ 23,95 Power Steering Fluid quart containers $ 5,99 Diesel Exhaust Fluid 2.5 Gallon Containers $ 6/7 Transmission-Differential-Hydraulic(TDH) oil 5-gallon pails $ 31.195 Transmission fluid for Transit 55-gallon drums $ ii5RC.rK * , r� ?IV/4w- -739 c Wiv S0c COM NY N ME �� STREET ADDRESS SIG ATURE OF BIDDDEER P.O. BOX PRINT OR TYPE NAME ITY STAT ZIP t*S/de, %14gS `/O9- 90- ze)-c) TITLE AREA CODE TELEPHONE NO. Odejj ,corP s/r s Co Qs7 AIL FAX NO. Cef( a9_79/-. -2s- Page 9 of 18 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submiss.• of this bid propo Signature: Printed Name: Title: 0 .43 e �� :e8' Company: _Cf4d(iA -0-7\t- (F149./^AV— Date: > 6 /411,//,y ,/ SUBSCRIBED and sworn to before me by the above named ''OcCLDCOAQ- on this the day of LrAf QC, 20 \a. Wotary Public in an for the State of Texas . iqMy commission expires: a • �� ?.1Y PUe<�: NotaryRPub is StEN taate of AND Commission Expires September 16, 2019 Page 10of18 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Pr7,--4- -.1------ ' OH' ' ii r- Firm NI -) Date ( 7.\--)-Pj1P‘ek_ _el--2.s2 r CzAf rk- ,/e S Authoriz ignature Title ire. 76— —Sic Namelease print) Telephone 0-ebibLke-Ore- ti; S+rheatUrl'artirt cp Email STATE: (��_ '`� COUNTY: "� c Sly SUBSCRIBED AND SWORN to before me by the above named ,2,._VXC._X.QUI on this the 1 day of be-V/ , 20`4 . 1v� ary Public ' ( otc RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL ."'�Y�,P�j'', LAUREN ROWLAND ;,..QR. '' NotaryPubic State of Texas �%�'' "_= Commission Expires *�\ .y er 16, 2019 (5* September Page 11 of 18 N i GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. Page 14 of 18 0 • 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Equipment Services or Transit,P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. Page 15 of 18 S INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to Page 16 of 18 • S terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. Page 17 of 18 • S 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 18 of 18 P. R. 19592 11/22/16 aw Exhibit "E" P.R. 19592 11/22/16 aw MATERIALS SUPPLY AGREEMENT Purchase of Petroleum, Oil, and Lubricants THIS AGREEMENT,made this the day of , 2017 by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or"CITY", and Sun Coast Resources, Inc. , hereinafter called "CONTRACTOR". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The Contract shall be for one year from the start date on the Notice to Proceed,with the option to renew for two additional one-year periods. 2. The CONTRACTOR will perform the work as delineated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies,tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of CONTRACTOR in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents as the primary vendor at the unit prices as stated below: Description UOM SAE 15W40 $3.31 (qt. containers) Multi-grade Engine Oil 5. This is not an exclusive contract, and the CITY reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the CITY. 6. The term"Contract Documents"means and includes the following: 1) Agreement 2) Invitation to Bid 3) Addenda 4) General Information 5) Specifications 6) Bid 7) Notice to Proceed P.R. 19592 11/22/16 aw 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. OWNER CONTRACTOR BY: BY: City Manager Sun Coast Resources, Inc. Representative DERRICK FREEMAN"PRINCE,MAYOR \ IV/ BRIAN MCDOUGAL RAYMOND SCOTT,JR,MAYOR PRO TEM •` CITY MANAGER COUNCIL MEMBERS: City of C'ty SHERRI BELLARD,TRMC ) CITY SECRETARY TIFFANY HAMILTON MORRIS ALBRIGHT,IH _ VAL TIZENO KEITH RICHARD *1141 -.° h u r CITY ATTORNEY WILLIE"BAE"LEWIS,JR. OSMAN SWATI Texas CHARLOTTE MOSES KAPRINA RICHARDSON FRANK SEPTEMBER 16, 2016 INVITATION TO BID Petroleum Oil&Lubricants DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 5, 2016. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, October 5, 2016 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P16-064 DELIVERY ADDRESS: Please submit one(1) original and one(1) copy of your bid to:, CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 clifton.williams(4ortarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 1089 I 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope,with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Acting Purchasing Manager Page 2 of 18 INVITATION TO BID THE MOWING OF PRIVATELY-OWNED AND CITY-OWNED DEVELOPED AND VACANT LOTS IN THE CITY OF PORT ARTHUR (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 18 SUBMIT THE FOLLOWING A. BID SHEET-PAGE 9. B. NON-COLLUSION AFFIDAVIT- PAGE 10 (MUST BE NOTARIZED) C. AFFIDAVIT- PAGE 11 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST PAGE 12-13. (SUBMIT IF THERE IS A CONFLICT. IF YOU DO NOT SUBMIT THE FORM, THE BIDDER IS STATING THERE IS NOT A CONFLICT). Page 4 of 18 SPECIFICATIONS FOR PETROLEUM OILS AND LUBRICANTS General Specifications: This contract shall be in effect for a period of one (1) year. At the end of one (1) year the City may renew this contract for two (2) additional one (1) year periods at the original contract bid amount. There shall be no increase in price should an extension be granted. Any terms and conditions stated in the original specifications shall apply to any extended periods. Lubricant supplies shall be manufactured from virgin base stock and shall not contain re-refined materials. All supplies will be delivered in sealed drums or manufacturers sealed containers. All containers shall be properly marked in accordance with applicable local, state, and federal regulations and certified that the product meets specification. Delivery time: Orders for manufacturers sealed containers of products placed before 9:00 AM must be delivered by 3:00 PM of the same day. Order for sealed drums of products placed after 9:00 AM must be delivered by 3:00 PM of the next business day. Sealed drums must be pumped into bulk storage tanks at the time of delivery. The successful vendor will be required to shelve delivered packaged products insuring that older stock is rotated for prompt distribution from the storeroom. Failure to meet this specification shall constitute default and the City will reserve the right to terminate any contract. Price information must be submitted on the bid submission sheet. Failure to use the bid submission sheet may be cause for the rejection of your bid. All prices are F.O.B:103 H.O. Mills Boulevard, Port Arthur, Texas 77640 and 320 Dallas Avenue, Port Arthur,Texas 77640. The successful bidder will be required to make product warranty adjustments by 9:00 AM of the next business day. Failure to meet this specification shall constitute default and the City will reserve the right to terminate said contract. All invoices and delivery tickets must clearly show purchase order number, quantity, item description, unit and extended price. Page 5 of 18 Anti-Freeze (Ethylene Glycol): Must be a premixed 50/50 single phase, ethylene glycol based product free of nitrites and amines. This product must be suitable for both automobile and heavy-duty diesel engines and must meet or exceed ASTM D 3306 and ASTM D 4985 specifications. This product is equivalent to Texaco Startex Antifreeze/Coolant Pre-Mixed 50/50. It will be purchased in one-gallon containers and 55-gallon drums. Anti-Freeze (Extended Life): Must be a premixed 50/50 single phase, propylene glycol based product free of nitrites and amines. This product must be suitable for both automobile and heavy-duty diesel engines with change intervals up to 5-years/100,000 miles. This product is equivalent to Texaco Antifreeze/Coolant ETX-6280BPK Pre-Mixed 50/50. It will be purchased in one-gallon containers and 55-gallon drums. Automatic Transmission Fluid: Must meet or exceed the requirements of General Motors Corporation for DEXRON II, Ford Motor Company for MERCON (M2C166), and Caterpillar TO-2 fluid. It will be purchased in quart containers. Chassis Grease: Shall be oxidation resistant lithium soap based grease suitable for general automotive use. Shall be designated as NLGI 2 and EP (extreme pressure). It will be purchased in 120-pound pails and 14-ounce cartridges. Engine oil SAE 15W40 Multi-grade: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufacturers. Must meet API classification CE, CD-II-SG, and SF. Must meet or exceed Mil Spec MIL-L-2104E and MIL-1-46152D. It will be purchased in quart containers. Gear Oil SAE 80W90: Must meet or exceed the requirements for API service GL-5. Must meet or exceed Mil Spec MIL-L-2105C. It will be purchased in 5-gallon pails. Hydraulic Fluid (HYD 68 AW): Shall be ISO 68 AW oil with anti-wear, rust and oxidation additives and a foam suppressant. Shall have a CST viscosity of 62.0 at 40 degrees Celsius. Shall have a pour point of-20 degrees Fahrenheit. It will be purchased in 5-gallon pails. Power Steering Fluid: A multipurpose product that is approved for use in all GM, Chrysler, and Ford power steering systems. This product is equivalent to Texaco Power Steering Fluid 11872. It will be purchased in quart containers. Diesel Exhaust Fluid: Diesel Exhaust Fluid(DEF), as standardized in ISO 22241[1], is an Aqueous Urea Solution of with 32.5%high-purity urea(AUS 32) and 67.5% deionized water. Page 6 of 18 Must meet or exceed the requirements for ASTM D7821 Standard Test Method for Field Test Determination of Urea Concentration in Diesel Exhaust Fluid(DEF) Must meet or exceed the requirements for ISO 22241-5:2012Diesel engines-NOx reduction agent AUS32 It will be purchased in 2.5 gallon containers. Transmission-Differential-Hydraulic Fluid: A common fluid to lubricate the transmission, differential, and hydraulic systems of wheeled type tractors. This product must be equivalent to Texaco TDH Oil Code 1893. It will be purchased in five-gallon pails. Transmission fluid for Transit: This product must be equivalent to Shell Donax TX Transmission Fluid NOTE: Bidders must submit Material Safety Data Sheets (MSDS) for all products with the bid package. Page 7 of 18 Estimated Annual Usage Anti-Freeze(Ethylene Glycol) one-gallon containers 600 gallons Anti-Freeze(Extended Life) one-gallon containers 200 gallons Automatic Transmission Fluid quart containers 1,600 quarts Chassis Grease 120-pound pails 5 pails Chassis Grease 14 ounce tubes 140 tubes Engine oil SAE 15W40 Multi-grade quart containers 3,300 quarts Engine oil SAE 80W90 5-gallon pails 10 pails Hydraulic oil ISO 68AW 5-gallon pails 530 pails Power Steering Fluid quart containers 36 quarts Diesel Exhaust Fluid 2.5 gallon containers 1,440 containers Transmission-Differential-Hydraulic (TDH) oil 5-gallon pails 20 pails Transmission fluid for Transit 55-gallon drums 4 drums Page 8 of 18 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Petroleum Oil & Lubricants BID DUE DATE: October 5, 2016 Bidders must bid in the Unit of Measure stated on Bid Sheet DESCRIPTION UNIT OF MEASURE UNIT COST Anti-Freeze (Ethylene Glycol) one-gallon containers $ 5.72 per gal. -Chv. Cony. 50/50 Anti-Freeze (Extended Life) one-gallon containers $8.02 per gal. -Chv. Delo ELC50/50 Automatic Transmission Fluid quart containers $4.15 per qt. -Chv.ATF MD-3 Chassis Grease 120-pound pails $ 268.30 keg-Chv. Starplex Chassis Grease 14 ounce tubes $2.33 tube-Chv. Starplex Engine oil SAE 15W40 Multi-grade quart containers $3.31gt-Chv. Delo LE SAE 15w40 Engine oil SAE 80W90 5-gallon pails $ 80.50 pail-Chv. MG EP-5 80w90 Hydraulic oil ISO 68AW 5-gallon pails $60.00 pail-Chv. HD 68 Power Steering Fluid quart containers $5.00 qt-Chv. Havoline Pwr Steering Fld. Diesel Exhaust Fluid 2.5 Gallon Containers $ 15.00 container-Blue DEF Transmission-Differential-Hydraulic (TDH) oil 5-gallon pails $ 60.00 pail-Chev. 1000 THF Transmission fluid for Transit 55-gallon drums $ 1815.00 Drum-BP Autran SYN 295 *Any orders under 200 gallons will be charged a$50.00 Delivery Fee & Prices exclude applicable taxes.* SU C AST RESOURCES, IF. 6405 CAVALCADE BUILDING 1 CO PANY NA E // STREET ADDRESS Al -i` _( `,/ PO BOX 202603, DALLAS ,TX 75320 SIG - ' U''"OF BIDDER P.O. BOX LISA SMITH HOUSTON TX 77026 PRINT OR TYPE NAME CITY STATE ZIP CORPORATE SECRETARY 713-429-6702 TITLE AREA CODE TELEPHONE NO. NATIONAL(c�SUNCOASTRESOURCES.COM 713-429-8409 EMAIL FAX NO. Page 9 of 18 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and su:mission of this bid proposal. / r Signature: 1 / - L / ‘.,_ Printed Name: Lisa L. Smith Title: Corporate Secretary Company: Sun Coast Resources, Inc. Date: 9/27/2016 SUBSCRIBED and sworn to before me by the above named Lisa L. Smith 1 on this the 27th day of September , 20 16 . . 1 ' ikti Ot,Ap.,4 �'"r",V;o.,, COURTNEY COLETTE DAVIS Notary Pu • in and for the ` / ??o;• •Gn=Notary Public, State of Texas State of Texas •':f"+..'� Comm.Expires 10-26-2016 � o````,'� Notary ID 129181534 '� �,,y,/ f1 „���"„` My commission expires:`.1C ttJ( 9U7 ► a\0'( (12 Page 10 of 18 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Sun Coast Resources, Inc. 9/27/2016 Fir ame 1 Date , Corporate Secretary Au orized Sig rl ture Title Lisa L. Smith (713) 429-6702 Name(please print) Telephone national@suncoastresources.com Email STATE: Texas COUNTY: Harris SUBSCRIBED AND SWORN to before me by the above named Lisa L. Smith on this the 27th day of September , 0 16 . •11%, Writ .. "4"4,'•. COURTNEY COLETTE DAVIS �� `e�ys Notary Pu =+1'.4 . Notory Public,State of Texas ry i,,:Comm.Expires 10-26-2016 an,,,,.%% Notafy ID 129181534 1 FIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 18 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. 11 Name of vendor who has a business relationship with local governmental entity. Jn I I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated ' completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) • Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? n Yes n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htmfLG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship-means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a)A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer.described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 13 of 18 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. Page 14 of 18 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Equipment Services or Transit,P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. Page 15 of 18 INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to Page 16 of 18 terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. Page 17 of 18 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 18 of 18 Safety Data Sheet Chevron SECTION 1 PRODUCT AND COMPANY IDENTIFICATION Delo 400 LE SAE 15W-40 Product Use: Diesel Engine Oil Product Number(s): 222220 Company Identification Chevron Canada Limited 1050 West Pender Vancouver, BC V6E 3T4 Canada www.chevronlubricants.com Transportation Emergency Response CHEMTREC: (800)424-9300 or(703) 527-3887 Health Emergency Chevron Emergency Information Center: Located in the USA. International collect calls accepted. (800) 231-0623 or(510)231-0623 Product Information email : lubemsds@chevron.com Product Information: (800) LUBE TEK SECTION 2 HAZARDS IDENTIFICATION CLASSIFICATION: Not classified as hazardous according to Canada regulatory guidelines. SECTION 3 COMPOSITION/ INFORMATION ON INGREDIENTS COMPONENTS CAS NUMBER AMOUNT Highly refined mineral oil (C15 - C50) _ Mixture 70 - 99 %weight Zinc alkyl dithiophosphate 68649-42-3 0.1 - < 2.5 %weight Information on ingredients that are considered Controlled Products and/or that appear on the WHMIS Revision Number: 5 1 of 8 Delo 400 LE SAE 15W-40 Revision Date: JUNE 18, 2015 SDS : 17109 Ingredient Disclosure List(IDL) is provided as required by the Canadian Hazardous Products Act(HPA, Sections 13 and 14). Ingredients considered hazardous under the OSHA Hazard Communication Standard, 29 CFR 1910.1200, are also listed. See Section 15 for additional regulatory information. SECTION 4 FIRST AID MEASURES Description of first aid measures Eye: No specific first aid measures are required. As a precaution, remove contact lenses, if worn, and flush eyes with water. Skin: No specific first aid measures are required. As a precaution, remove clothing and shoes if contaminated. To remove the material from skin, use soap and water. Discard contaminated clothing and shoes or thoroughly clean before reuse. Ingestion: No specific first aid measures are required. Do not induce vomiting. As a precaution, get medical advice. Inhalation: No specific first aid measures are required. If exposed to excessive levels of material in the air, move the exposed person to fresh air. Get medical attention if coughing or respiratory discomfort occurs. Most important symptoms and effects, both acute and delayed IMMEDIATE HEALTH EFFECTS Eye: Not expected to cause prolonged or significant eye irritation. Skin: Contact with the skin is not expected to cause prolonged or significant irritation. Contact with the skin is not expected to cause an allergic skin response. Not expected to be harmful to internal organs if absorbed through the skin. Ingestion: Not expected to be harmful if swallowed. Inhalation: Not expected to be harmful if inhaled. Contains a petroleum-based mineral oil. May cause respiratory irritation or other pulmonary effects following prolonged or repeated inhalation of oil mist at airborne levels above the recommended mineral oil mist exposure limit. Symptoms of respiratory irritation may include coughing and difficulty breathing. Indication of any immediate medical attention and special treatment needed Not Applicable SECTION 5 FIRE FIGHTING MEASURES EXTINGUISHING MEDIA: Use water fog, foam, dry chemical or carbon dioxide (CO2)to extinguish flames. PROTECTION OF FIRE FIGHTERS: Fire Fighting Instructions: This material will burn although it is not easily ignited. See Section 7 for proper handling and storage. For fires involving this material, do not enter any enclosed or confined fire space without proper protective equipment, including self-contained breathing apparatus. Combustion Products: Highly dependent on combustion conditions. A complex mixture of airborne solids, liquids, and gases including carbon monoxide, carbon dioxide, and unidentified organic compounds will be evolved when this material undergoes combustion. Revision Number: 5 2 of 8 Delo 400 LE SAE 15W-40 Revision Date: JUNE 18,2015 SDS : 17109 SECTION 6 ACCIDENTAL RELEASE MEASURES Protective Measures: Eliminate all sources of ignition in vicinity of spilled material. Spill Management: Stop the source of the release if you can do it without risk. Contain release to prevent further contamination of soil, surface water or groundwater. Clean up spill as soon as possible, observing precautions in Exposure Controls/Personal Protection. Use appropriate techniques such as applying non-combustible absorbent materials or pumping. Where feasible and appropriate, remove contaminated soil. Place contaminated materials in disposable containers and dispose of in a manner consistent with applicable regulations. Reporting: Report spills to local authorities as appropriate or required. SECTION 7 HANDLING AND STORAGE General Handling Information: Avoid contaminating soil or releasing this material into sewage and drainage systems and bodies of water. Precautionary Measures: Keep out of the reach of children. Static Hazard: Electrostatic charge may accumulate and create a hazardous condition when handling this material. To minimize this hazard, bonding and grounding may be necessary but may not, by themselves, be sufficient. Review all operations which have the potential of generating and accumulating an electrostatic charge and/or a flammable atmosphere (including tank and container filling, splash filling, tank cleaning, sampling, gauging, switch loading, filtering, mixing, agitation, and vacuum truck operations)and use appropriate mitigating procedures. Container Warnings: Container is not designed to contain pressure. Do not use pressure to empty container or it may rupture with explosive force. Empty containers retain product residue (solid, liquid, and/or vapor)and can be dangerous. Do not pressurize, cut, weld, braze, solder, drill, grind, or expose such containers to heat, flame, sparks, static electricity, or other sources of ignition. They may explode and cause injury or death. Empty containers should be completely drained, properly closed, and promptly returned to a drum reconditioner or disposed of properly. SECTION 8 EXPOSURE CONTROLS/PERSONAL PROTECTION GENERAL CONSIDERATIONS: Consider the potential hazards of this material (see Section 2), applicable exposure limits,job activities, and other substances in the work place when designing engineering controls and selecting personal protective equipment. If engineering controls or work practices are not adequate to prevent exposure to harmful levels of this material, the personal protective equipment listed below is recommended. The user should read and understand all instructions and limitations supplied with the equipment since protection is usually provided for a limited time or under certain circumstances. ENGINEERING CONTROLS: Use in a well-ventilated area. PERSONAL PROTECTIVE EQUIPMENT Eye/Face Protection: No special eye protection is normally required. Where splashing is possible, wear safety glasses with side shields as a good safety practice. Skin Protection: No special protective clothing is normally required. Where splashing is possible, select protective clothing depending on operations conducted, physical requirements and other substances in the workplace. Suggested materials for protective gloves include: 4H (PE/EVAL), Nitrile Rubber, Silver Shield, Viton. Respiratory Protection: No respiratory protection is normally required. Revision Number: 5 3 of 8 Delo 400 LE SAE 15W-40 Revision Date: JUNE 18,2015 SDS : 17109 If user operations generate an oil mist, determine if airborne concentrations are below the occupational exposure limit for mineral oil mist. If not, wear an approved respirator that provides adequate protection from the measured concentrations of this material. For air-purifying respirators use a particulate cartridge. Use a positive pressure air-supplying respirator in circumstances where air-purifying respirators may not provide adequate protection. Occupational Exposure Limits: Component Country/ TWA STEL Ceiling Notation Agency Highly refined mineral oil (C15- ACGIH 5 mg/m3 10 mg/m3 -- -- 050) NOTE ON OCCUPATIONAL EXPOSURE LIMITS: Consult local authorities for acceptable provincial values in Canada. Consult the Canadian Standards Association Standard 94.4-2002 Selection, Use and Care of Respirators. SECTION 9 PHYSICAL AND CHEMICAL PROPERTIES Attention: the data below are typical values and do not constitute a specification. Color: Brown Physical State: Liquid Odor: Petroleum odor Odor Threshold: No data available pH: Not Applicable Vapor Pressure: <0.01 mmHg @ 37.8 °C (100 °F) Vapor Density (Air= 1): >1 Initial Boiling Point: 315°C (599°F) Solubility: Soluble in hydrocarbons; insoluble in water Freezing Point: Not Applicable Melting Point: Not Applicable Specific Gravity: 0.87- 0.9 @ 15.6°C (60.1°F)/ 15.6°C (60.1°F) Density: 0.8806 kg/I @ 15°C (59°F) (Typical) Viscosity: 14.6 mm2/s @ 100°C (212°F) (Typical) Evaporation Rate: No data available Decomposition temperature: No data available Octanol/Water Partition Coefficient: No data available FLAMMABLE PROPERTIES: Flammability (solid, gas): No Data Available Flashpoint: (Cleveland Open Cup) 204 °C (399 °F) Minimum Autoignition: No data available Flammability (Explosive) Limits (% by volume in air): Lower: Not Applicable Upper: Not Applicable SECTION 10 STABILITY AND REACTIVITY Reactivity: May react with strong acids or strong oxidizing agents, such as chlorates, nitrates, peroxides, etc. Chemical Stability: This material is considered stable under normal ambient and anticipated storage and handling conditions of temperature and pressure. Revision Number: 5 4 of 8 Delo 400 LE SAE 15W-40 Revision Date: JUNE 18,2015 SDS : 17109 Incompatibility With Other Materials: Not applicable Hazardous Decomposition Products: None known (None expected) Hazardous Polymerization: Hazardous polymerization will not occur. Sensitivity to Mechanical Impact: No. SECTION 11 TOXICOLOGICAL INFORMATION Information on toxicological effects Serious Eye Damage/Irritation: The eye irritation hazard is based on evaluation of data for product components. Skin Corrosion/Irritation: The skin irritation hazard is based on evaluation of data for product components. Skin Sensitization: The skin sensitization hazard is based on evaluation of data for product components. Acute Dermal Toxicity: The acute dermal toxicity hazard is based on evaluation of data for product components. Acute Oral Toxicity: The acute oral toxicity hazard is based on evaluation of data for product components. Acute Inhalation Toxicity: The acute inhalation toxicity hazard is based on evaluation of data for product components. Acute Toxicity Estimate: Not Determined Germ Cell Mutagenicity: The hazard evaluation is based on data for components or a similar material. Carcinogenicity: The hazard evaluation is based on data for components or a similar material. Reproductive Toxicity: The hazard evaluation is based on data for components or a similar material. Specific Target Organ Toxicity -Single Exposure: The hazard evaluation is based on data for components or a similar material. Specific Target Organ Toxicity - Repeated Exposure: The hazard evaluation is based on data for components or a similar material. ADDITIONAL TOXICOLOGY INFORMATION: During use in engines, contamination of oil with low levels of cancer-causing combustion products occurs. Used motor oils have been shown to cause skin cancer in mice following repeated application and continuous exposure. Brief or intermittent skin contact with used motor oil is not expected to have serious effects in humans if the oil is thoroughly removed by washing with soap and water. This product contains petroleum base oils which may be refined by various processes including severe solvent extraction, severe hydrocracking, or severe hydrotreating. None of the oils requires a cancer warning under the OSHA Hazard Communication Standard (29 CFR 1910.1200). These oils have not been listed in the National Toxicology Program (NTP)Annual Report nor have they been classified by the International Agency for Research on Cancer(IARC) as; carcinogenic to humans (Group 1), probably carcinogenic to humans (Group 2A), or possibly carcinogenic to humans (Group 2B). These oils have not been classified by the American Conference of Governmental Industrial Hygienists (ACGIH) as: confirmed human carcinogen (A1), suspected human carcinogen (A2), or confirmed animal carcinogen with unknown relevance to humans (A3). Revision Number: 5 5 of 8 Delo 400 LE SAE 15W-40 Revision Date: JUNE 18,2015 SDS : 17109 SECTION 12 ECOLOGICAL INFORMATION ECOTOXICITY This material is not expected to be harmful to aquatic organisms. The product has not been tested. The statement has been derived from the properties of the individual components. MOBILITY No data available. PERSISTENCE AND DEGRADABILITY This material is not expected to be readily biodegradable. The biodegradability of this material is based on an evaluation of data for the components or a similar material. The product has not been tested. The statement has been derived from the properties of the individual components. POTENTIAL TO BIOACCUMULATE Bioconcentration Factor: No data available. Octanol/Water Partition Coefficient: No data available SECTION 13 DISPOSAL CONSIDERATIONS Use material for its intended purpose or recycle if possible. Oil collection services are available for used oil recycling or disposal. Place contaminated materials in containers and dispose of in a manner consistent with applicable regulations. Contact your sales representative or local environmental or health authorities for approved disposal or recycling methods. (See B.C. Reg. GY/92 Waste Management Act; R.R.O. 1990, Reg. 347 General-Waste Management; C.C.SM.c. W40 The Waste Reduction and Prevention Act; N.S. Reg. 51/95 and N.S. Reg. 179/96 for examples of Provincial legislation.) SECTION 14 TRANSPORT INFORMATION The description shown may not apply to all shipping situations. Consult 49CFR, or appropriate Dangerous Goods Regulations, for additional description requirements (e.g., technical name)and mode-specific or quantity-specific shipping requirements. TC Shipping Description: NOT REGULATED AS DANGEROUS GOODS FOR TRANSPORTATION UNDER TDG REGULATIONS IMO/IMDG Shipping Description: PETROLEUM LUBRICATING OIL; NOT REGULATED AS DANGEROUS GOODS FOR TRANSPORT UNDER THE IMDG CODE ICAO/IATA Shipping Description: PETROLEUM LUBRICATING OIL; NOT REGULATED AS DANGEROUS GOODS FOR TRANSPORT UNDER ICAO TI OR IATA DGR DOT Shipping Description: PETROLEUM LUBRICATING OIL, NOT REGULATED AS A HAZARDOUS MATERIAL FOR TRANSPORTATION UNDER 49 CFR SECTION 15 REGULATORY INFORMATION REGULATORY LISTS SEARCHED: Revision Number: 5 6 of 8 Delo 400 LE SAE 15W-40 Revision Date: JUNE 18, 2015 SDS : 17109 01-1=IARC Group 1 03=EPCRA 313 01-2A=IARC Group 2A 04=CA Proposition 65 01-2B=IARC Group 2B 05=MA RTK 02=NTP Carcinogen 06=NJ RTK 07=PA RTK No components of this material were found on the regulatory lists above. CHEMICAL INVENTORIES: All components comply with the following chemical inventory requirements: AICS (Australia), DSL (Canada), KECI (Korea), PICCS (Philippines), TSCA (United States). One or more components has been notified but may not be listed in the following chemical inventories: IECSC (China). Secondary notification may be required. One or more components is listed on ELINCS (European Union). Secondary notification by the importer may be required. All other components are listed or exempted from listing on EINECS. One or more components does not comply with the following chemical inventory requirements: ENCS (Japan). SECTION 16 OTHER INFORMATION REVISION STATEMENT: This revision updates the following sections of this Material Safety Data Sheet: 1-16 Revision Date: JUNE 18, 2015 ABBREVIATIONS THAT MAY HAVE BEEN USED IN THIS DOCUMENT: TLV - Threshold Limit Value TWA - Time Weighted Average STEL - Short-term Exposure Limit PEL - Permissible Exposure Limit GHS - Globally Harmonized System CAS - Chemical Abstract Service Number ACGIH - American Conference of Governmental IMO/IMDG - International Maritime Dangerous Goods Industrial Hygienists Code API - American Petroleum Institute SDS - Safety Data Sheet HMIS - Hazardous Materials Information System NFPA - National Fire Protection Association (USA) DOT - Department of Transportation (USA) NTP - National Toxicology Program (USA) IARC - International Agency for Research on OSHA - Occupational Safety and Health Administration Cancer NCEL - New Chemical Exposure Limit EPA - Environmental Protection Agency SCBA - Self-Contained Breathing Apparatus The above information is based on the data of which we are aware and is believed to be correct as of the date hereof. Since this information may be applied under conditions beyond our control and with which we may be unfamiliar and since data made available subsequent to the date hereof may suggest modifications of the information, we do not assume any responsibility Revision Number: 5 7 of 8 Delo 400 LE SAE 15W-40 Revision Date: JUNE 18,2015 SDS : 17109 Ifor the results of its use. This information is furnished upon condition that the person receiving it shall make his own determination of the suitability of the material for his particular purpose. Revision Number: 5 8 of 8 Delo 400 LE SAE 15W-40 Revision Date: JUNE 18,2015 SDS : 17109