HomeMy WebLinkAboutPR 19821: CONTRACT WITH SOUTHERN COUNTIES OIL COMPANY, ULTRA LOW SULFUR DIESEL FUEL INTEROFFICE MEMORANDUM
To: Brian McDougal, City Manager
From: Ronald K. McElhose, Transit General Manager
Subject: P.R. NO. 19821 Ultra Low Sulfur Diesel Fuel Purchase
Date: 06/15/2017
Recommendation:
It is recommended that the City Council approve Proposed Resolution No. 19821 for supplying
ultra low sulfur diesel fuel for the Transit Department Fleet. This Resolution would authorize
the purchase of Diesel Fuel under a one(1)year contract with Southern Counties Oil Company
of Orange, California, in the amount of$0.0067 above OPIS and a Split Delivery charge of
$50.00, with a projected budgetary impact of$350,000.00. These expenses will be charged
to the Transit Inventory/Stores Account Number: 401-0000-142.10-00.
Background:
Approval of the contract would authorize Southern Counties Oil Company to be the Transit
Department's diesel fuel supply dispensing vendor. The contract is for ultra low sulfur diesel
fuel that is utilized to fuel the Transit Department Fleet.
The City's Purchasing Division advertised for bids in the Port Arthur News on April 16, 2017
and April 23, 2017. The City received and opened four (4) bids on the purchase of ultra low
sulfur diesel fuel (see Bid Tabulation Attachment "A"). The four (4) bids received were from
the following vendors:
Bidder Bid
(1) Mansfield Oil Company $ 0.0158 Above OPIS $45 Charge
Gainesville,GA
(2) Sun Coast Resources, INC $ 0.0585 Above OPIS $75 Charge
Houston, TX.
(3) Southern Counties Oil Company ..$0.0067 Above OPIS $50 Charge
Orange,CA.
(4) Pinnacle Petroleum .$ 0.025 Above OPIS $49.50 Charge
Huntington Beach, CA
1
P.R.NO.19821
Page 2 of 2
Budgetary/Fiscal Effect:
Funding for the ultra low sulfur diesel fuel purchase is available from Transit
Inventory/Stores Account Number: 401-0000-142.10-00. As the fuel is utilized/consumed from
the Inventory/Stores Account it will be expensed to Transit Account Numbers: 401-1501-
561.24-00 and 401-1506-561.24-00 respectively.
Staffing/Employee Effect:
No anticipated effect on staffing is expected with this action.
Summary:
It is recommended that the City Council approve Proposed Resolution No. 19821 for supplying
ultra low sulfur diesel fuel for the Transit Department Fleet. This Resolution would authorize
the purchase of Diesel Fuel under a one(1)year contract with Southern Counties Oil Company
of Orange, California. for the amount of$0.0067 above OPTS and a Split Delivery charge of
$50.00. Funding for current and future ultra low sulfur diesel fuel purchases are available
from Transit Inventory/Stores Account: 401-0000-142.10-00 and as consumed will be
expensed to Transit Account Numbers: 401-1501-561.24-00 and 401-1506-561.24-00
respectively.
Ronald K. McElhose
General Manager
2
P.R.NO.19821
06/15/2017 CB
Page 1 of 2
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH SOUTHERN COUNTIES
OIL COMPANY OF ORANGE, CALIFORNIA, FOR THE
PURCHASE OF ULTRA LOW SULFUR DIESEL FUEL, WITH
A PROJECTED BUDGETARY IMPACT OF $350,000.00;
FUNDING IS AVAILABLE IN TRANSIT INVENTORY/STORE
ACCOUNT NUMBERS: 401-1501-561.24-00 AND 401-1506-
561.24-00.
WHEREAS, Purchasing advertised in the Port Arthur News on the 16th
day of April 2017, and the 23th day of April, 2017, for bids for the annual supply
contract for the purchase of ultra low sulfur diesel fuel; and
WHEREAS, on the 31st day of May, 2017, four (4) bids were received and
opened, and have been evaluated by the Purchasing and Transit Department, a
copy of the bid tabulation is attached hereto as Exhibit "A"; and
WHEREAS, Southern Counties Oil Company of Orange, California, was
the lowest and most responsive bidder; and
WHEREAS, it is in the best interest of the City of Port Arthur to enter into
a contract with Southern Counties Oil Company of Orange, California, in
substantially the same form as attached hereto as Exhibit "B"; and
WHEREAS, the Federal Transit Administration (FTA) has set forth
regulations and clauses (attached hereto as Exhibit "C") that must be followed in
order to utilize federal funds.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
THAT the City Manager of the City of Port Arthur is hereby authorized and
directed to execute on behalf of the City a one (1) year contract between the City
of Port Arthur and Southern Counties Oil Company of Orange, California, for the
purchase of ultra low sulfur diesel fuel, with a projected budgetary impact of
$350,000.00, in substantially the same form as attached hereto as Exhibit "B";
and
THAT funding for the ultra low sulfur diesel fuel purchase is available from
Transit Inventory/Stores Account Number: 401-0000-142.10-00. As the fuel is
utilized/consumed from the Inventory/Stores Account it will be expensed to
Transit Account Numbers: 401-1501-561.24-00 and 401-1506-561.24-00
respectively.
THAT a copy of the caption of this Resolution be spread upon the Minutes
of the City Council
READ, ADOPTED AND APPROVED this day of June, 2017 at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the
following vote: AYES:
Mayor:
Council members:
NOES:
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
V a Jl
•
City AttorneJ
APPROVED FOR ADMINISTRATION:
City Manager
Director of Transit
APPROVED AS TO AVAILABILTY OF FUNDS:
Interim Dilector of Finance
' 4.,Ka(ga)40 (11 be_
P . chasing Manager
EXHIBIT "A"
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EXHIBIT "B"
CONTRACT FOR THE PURCHASING OF
ULTRA LOW SULFUR DIESEL
FOR THE CITY OF PORT ARTHUR'S TRANSIT DEPARTMENT
THIS AGREEMENT, made this 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 Southern Counties Oil Company of
Orange, California, herein acting by and through hereinafter
called "CONTRACTOR".
WITNESSETH: That for and in consideration of the payment terms, conditions and
agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The term of this Contract shall be from for one (1) year from the date stated on the Notice
to Proceed, unless sooner terminated under the provisions hereof The City can terminate
this contract at its convenience which includes, but is not limited to, funding not being
available in any budget cycle with fifteen(15) days written notice.
2. 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.
3. The CONTRACTOR agrees to perform all the work described in the specifications
and contract documents and to comply with the terms therein for the amount of
$0.0067 over OPIS with a Flat Charge for Split Delivery to more than one location of
$50.00, as stated on the bid submitted.
4. The term "Contract Documents" means and includes the following:
A. Agreement
B. Information for Bidders
C. Bid
D. General Conditions
E. Specifications
F. Addendum
G. Notice to Proceed
5. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
Page 1 of 2
6. IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their
duly authorized officials,this Agreement in(2 copies)each of which shall be deemed an
original on the date first above written.
Signed on the day of , 2017.
ATTEST CITY OF PORT ARTHUR
BY
City Secretary Brian McDougal, City Manager
Signed on the day of , 2017.
CONTRACTOR
Southern Counties Oil Company of
Orange, California
BY
Print Name:
Title:
Page 2 of 2
CITY OF PORT ARTHUR,TEXAS
ADDENDUM NO.ONE(1)
May 2,2017
}r.�a
Proposals for: Ultra Low Diesel Fuel
The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the
contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be
incorporated in the contract documents.
Provisions of this addendum shall take precedence over requirements of the original contract documents and all
PROPOSERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THEIR SUBMISSION.
Addendum as follows:
I. DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central
Standard Time, Wednesday, May 17, 2017.. (The clock located in the City Secretary's office will be
the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday, May 17,2017
in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a
manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud.
End of Addendum
If you have any questions,please contact Clifton Williams at Clifton.will.iams@portarthurtx.gov.
1.-v7�, '4, 14„,
Cliftrn Williams,CPPB
Acting Purchasing Manager
4 . !L �` ,il,� / v"� �/7
Sim ature of Proposer Date
CITY OF PORT ARTHUR,TEXAS
ADDENDUM NO.TWO(2)
May 15,2017
Plog
Proposals for: Ultra Low Diesel Fuel
The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the
contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be
incorporated in the contract documents.
Provisions of this addendum shall take precedence over requirements of the original contract documents and all
PROPOSERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THEIR SUBMISSION.
Addendum as follows:
1. DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central
Standard Time, Wednesday, May 24, 2017. (The clock located in the City Secretary's office will be
the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday,May 24,2017
in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a
manner to avoid public disclosure of contents; however,only the names of proposers will be read aloud.
End of Addendum
If you have any questions,please contact Clifton Williams at clifton.williamsaportarthurtx.gov.
if,„,Clift. Wi isms,CPPB
Acting Purchasing Manager
rAtia, 0e. MGAttit //s// 7
Sof Proposer Date
CITY OF PORT AR I HUR,TEXAS
ADDENDUM NO.THREE(3)
p;i rehrs May 22,2017
Proposals for: Ultra Low Diesel Fuel
The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the
contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be
incorporated in the contract documents.
Provisions of this addendum shall take precedence over requirements of the original contract documents and all
PROPOSERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THEIR SUBMISSION.
Addendum as follows:
1. DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central
Standard Time, Wednesday, May 31, 2017. (The clock located in the City Secretary's office will be
the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday, May 31, 2017
in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a
manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud.
2. The City is requiring OPIS Daily.
3. Attached are the federal clauses.
4. Submit a Bill of Lading.
5. Submit the revised attached Bid Sheet.
End of Addendum
If you have any questions,please contact Clifton Williams at cliflon.williams(cr�portarthurtx.gov.
int �11�
Cli io = illiams, CPPB
Acting Purchasing Manager
'411 L3—,/c. h
Sit' ature of Proposer Date
DERRICK FREEMAN"PRINCE,MAN uR ` BRIAN MCDOUGAL
RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER
COUNCIL MEMBERS: City of SHERRI BELLARD,TRMC
/24) CITY SECRETARY
TIFFANY HAMILTON
MORRIS ALBRIGHT,III VAL TREND
KEITH RICHARDO l't r t h u r CITY ATTORNEY
WILLIE"BAE"LEWIS,JR.
OSMAN SWATI Texas
CHARLOTTE MOSES
KAPRINA RICHARDSON FRANK
APRIL 10, 2017
INVITATION TO BID
Ultra Low Sulfur Diesel Fuel
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time, Wednesday, May 3, 2017. (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, May 3, 2017 in the City Council Chambers,
City Hall, 5th Floor, Port Arthur, TX. You are invited to attend.
MARK ENVELOPE: P17-038
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 or Scope of Work should be directed in writing to:
City of Port Arthur, TX
Clifton Williams
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 1 409.983.8160 (Fax 409.983.8291
The enclosed Invitation to Bid (i fB) and accompanying General Instructions, Conditions and 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 20
INVITATION TO BID
ULTRA LOW SULFUR DIESEL FUEL
(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, S e, Zip Code: Date:
Page 3 of 20
SPECIFICATIONS FOR
ULTRA LOW SULFUR DIESEL FUEL
The contract will be for 12 months.
All deliveries will be F. O. B City storage tanks. Deliveries will be by a Tank Transport Truck.
Bidders must bid a price differential above or below the average price of the PADD 3 Report published for
Beaumont/Port Arthur, Texas, by the Oil Price Information Service (OPIS). The price of fuel delivered during
the contract term will be determined by applying the differential bid to the PADD 3 average price in affect on
the date of delivery. The PADD 3 price that is weekly and released on Thursday afternoon.
All delivered fuel shall be transferred to the City of Port Arthur owned tanks. Delivery trucks shall be properly
equipped with accurate measuring devices, vapor recovery systems, and spill pickup equipment. City of Port
Arthur personnel must verify this equipment upon completion of delivery. Deliveries shall be made on a net
gallon basis, temperature corrected to 60° F. Vendors must be able to furnish certificates issued by the State of
Texas that verify tank capacities for a given truck.
Orders for deliveries will be made by the Transit and Utility Operations Departments in quantities of 8,000
gallons or less. Deliveries will be made within one (1)workday of the order to the locations listed below:
Both tanks are underground. The Utility Operation tank capacity is 2,000 gallons. The Transit tank capacity is
10,000 gallons. It is two 5,000 gallon tanks that are connected.
Department Location Estimated Estimated Hours of Delivery
Annual Usage Average Order
Transit 301 4th Street 98,000 gallons 6,000 gallons 8:00 A. M. - 5:00 P. M. (M-F)
Utility Operations 2901 Hwy. 365 2,000 gallons 2,000 gallons 7:00 A. M. - 2:00 P. M. (M-F)
The amounts specified are estimated based on past experience and the City is not obligated to purchase these
amounts.
The City's minimum delivery time for an emergency which is hurricanes, natural disasters, or other declared
emergencies will be eight (8) hours. Vendor shall provide an emergency plan to the City of Port Arthur for
delivery, including length of time after receipt of order that vendor shall make delivery of fuel. Vendors shall
state other entities having a priority of delivery over the City of Port Arthur.
Quality Control: An original copy of the refinery manifest shall accompany all deliveries. The manifest must
be identifiable as to the refiner or common carrier pipeline terminal. Deliveries from any other source will be
rejected. Any transport arriving without proper paperwork will not be permitted to unload. The City of Port
Arthur reserves the right to test fuels at any time for specification compliance. The cost for such tests shall be
paid by the seller in the event the product fails to comply. Such failure will result in the prompt removal of
failed products, using the vendor's equipment, at no cost to the City of Port Arthur, within twenty-four (24)
hours of notification. Acceptable fuel shall immediately replace unacceptable fuel based on the quality of
questionable fuel originally delivered to a given location at no charge for the entire shipment. Violation of
specification requirements may give the City of Port Arthur cause to cancel the contract and will be a
consideration of future awards.
Fuel prices bid will exclude all taxes and loading fees.
The bidder must submit Material Safety Data Sheet(s)with bid.
Page 4 of 20
Number 2 Low Sulfur Diesel Fuel shall meet or exceed the following specifications:
API Gravity 31.8
Cetane index 45.0
Flash point .158° F
Mercaptan sulfur .0.004%
Water and Sediment 0 0%
Pour point 10° F
Sulfur .0.14%
All fuel shall meet or exceed the performance criteria as established by new vehicles manufacturers or the
Society of Automotive Engineers or the American Society for Testing and Materials.
Page 5 of 20
CITY OF PORT ARTHUR, TEXAS
BID SHEET
BID FOR: Ultra Low Sulfur Diesel Fuel
BID DUE DATE: May 3,2017
DESCRIPTION OPIS DIFFERENCE FLAT CHARGE FOR SPLIT DELIVERY TO
MORE THAN ONE LOCATION
(Minimum order
Ultra Low Sulfur Diesel Fuel $ 0.0067 6000 Gals.) $ 50.00
Southern Counties Oil Co., a CA Ltd.
Partnership, dba SC Fuels
1800 W. Katella Avenue, Suite 400
CO A NAME STREET ADDRESS
1:04
Nlid
P. O. Box 4159
G
S ATURE
OF BIDDER P.O. BOX
Patrick W. Barnecut Orange CA 92867 (92863-4159)
PRINT OR TYPE NAME CITY STATE ZIP
President 714 516-7337
TITLE AREA CODE TELEPHONE NO
charettem@scfuels.com 714-922-7271
EMAIL FAX NO.
Page 6 of 20
NON-COLLUSION AFFIDAVIT
CITY OF-I'ORT /\RTI IUR Orange §
STATE OF TCXA3 California
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: •
G�2L4CL
Printed Name: M ri a Charette
Title: Coordinator Bids & Contracts
Company: Southern Counties Oil Co., a CA Ltd. Partnership, dba SC Fuels
Date: May 1, 2017
Sr/-
SUBSCRIBED
rjSUBSCRIBED and sworn to before me the undersigned authority by the 20/Ion
behalf of said bidder.
• XUAN HUONG NGUYEN MORALES State of Texas
Commission#2034037:43 d
z - (% Notary Public -California z
z : �. 7
z '@ Orange County ' My commission expires:
M Comm. Expires Jul 20,2017
Page 7 of 20
•
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.
Southern Counties Oil Co., a CA Ltd. Partnership, dba SC Fuels 5/1/17
Firm 'a, e Date
i/
President
Authorized Signature Title
Patrick W. Barnecut 800-966-7140
Name (please print) Telephone
fuelbids@scfuels.com
Email
tea®i . l,a r seer—=—
XUAN HUONG NGUYEN MORALES'
Commission#2034037
STATE: California < .cr Notary Public-California
z 1 Orange County a
COUNTY: Orange _MJ Comm.Exzires Jul 20,2017 4
SUBSCRIBED AND SWORN to before me by the above named Patrick W. Barnecut
on this the 1st day of May , 20 17
Notary Public
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 8 of 20
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.
!I Name of vendor who has a business relationship with local governmental entity.
Marisa Charette
[� Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
f t 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.
N/A
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?
Yes 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 afamily member of the officer one or more gifts
as described in Section 176.003(a)(2)(8), excluding gifts described in Section 176.003(a-1).
viAa MaAdh, 5/1/17
Sign ire 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/
Docs/LG/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,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
y re atronshilswttlratoca-government-officer ot at 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 10 of 20
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.
CONFLI.CT_OF INTEREST:_Nh__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.
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
Page 11 of 20
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.: 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 601 f
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.
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.
Page 12 of 20
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 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.
Page 13 of 20
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 Contractor 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.
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.
Page 14 of 20
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 15 of 20
FEDERAL CLAUSES ONLINE
Federally Required and Other Model Clauses
http://www.fta.dot.gov/12831 6195.html
Applicability of FTA Circular 4220.1F FAQ Search
http://www.fta.dot.gov/13057 12000.html
Page 16 of 20
ACCEPTANCE OF ALL FEDERAL CONTRACT CLAUSES
The Proposer shall at all times comply with all applicable FTA regulations, policies, procedures and directives,
including without limitation those listed directly or by reference in the Master Agreement between City and
FTA, as they may be amended or promulgated from time to time during the term of this Contract. Proposer's
failure to so comply shall constitute a material breach of this Contract.
Southern Counties Oil Co., a CA Ltd. Partnership
dba SC Fuels
The Proposer, , certifies or affirms that they have read and accepts all of the
aforementioned Federal Transit Administration contract clauses.
g/t4het—
Patrick W. Barnecut /'. `'U
Signature of Proposer's Authorized Official
President
Name and Title of Proposer's Authorized Official
5/1/17
Date
Page 17 of 20
CERTIFICATION OF RESTRICTIONS ON LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1) No federal appropriated funds have been or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an office or employee of any agency, a member of Congress,
an officer or employee of Congress in connection with the awarding of any federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer
or employee of Congress, or an employee of a member of Congress in connection with this federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying", in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance is placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, title 31 U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Executed this 1st day of May , 201 7 .
Company Na • Southern Counties Oil Co., a CA Ltd. Partnership, dba SC Fuels
41,41 ro(iNi.4.447/—
By:
(Signature of Company Official)
President
(Title of Company Official)
Page 18 of 20
BUY AMERICA CERTIFICATION
The Proposer shall submit to the FTA recipient the appropriate Buy America certification (below) with all
Proposals or offers on FTA-funded contracts, except those subject to a general waiver. Proposals or offers that
are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This
requirement does not apply to lower tier subcontractors.
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 53230)(1)
The bidder or offeror hereby certifies that it will meet the requirements
of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 CFR Part
661.5.
Date 5/1/17
Signature Marisa Charette / //,A / q‘_'_ 11/,
Company Name Southern Counties Oil Co., a CA Ltd. Partnership, dba SC Fuels
Title Coordinator Bids & Contracts
Certificate of Non-Compliance with 49 U.S.C. 53230)(1)
The bidder or offeror hereby certifies that it cannot comply with the
requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may
qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A),
5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date
Signature
Company Name
Title
Page 19 of 20
Certification requirement for procurement of buses, other rolling stock and associated equipment.
Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).
The bidder or offeror hereby certifies that it will comply with the
requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49
C.F.R. Part 661.11.
Date
Signature
Company Name
Title
Certificate of Non-Compliance with 49 U.S.C. 53230)(2)(C)
The bidder or offeror hereby certifies that it cannot comply with the
requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but
may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A),
5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date
Signature
Company Name
Title
Page 20 of 20
SAFETY DATA SHEET
VALERO
1. Identification
Product identifier DIESEL FUELS
Other means of identification
SDS number 102-GHS
Synonyms Diesel Fuels All Grades, Diesel Fuel No.2, Fuel Oil No.2, High Sulfur Diesel Fuel, Low Sulfur
Diesel Fuel, Ultra Low Sulfur Diesel Fuel, CARB (California Air Resource Board) Diesel Fuel,
Off-Road Diesel Fuel, Dyed Diesel Fuel,X Grade Diesel Fuel, X-1 Diesel Fuel, R5 ULSD, B5 ULS
D See section 16 for complete information.
Recommended use Motor Fuel
Refinery feedstock.
Recommended restrictions None known.
Manufacturer/Importer/Supplier/Distributor information
Manufacturer/Supplier Valero Marketing &Supply Company and Affiliates
One Valero Way
San Antonio, TX 78269-6000
General Assistance 210-345-4593
E-Mail CorpHSE@valero.com
Contact Person Industrial Hygienist
Emergency Telephone 24 Hour Emergency 866-565-5220
1-800-424-9300(CHEMTREC USA)
2. Hazard(s) identification
Physical hazards Flammable liquids Category 3
Health hazards Acute toxicity, inhalation Category 4
Skin corrosion/irritation Category 2
Carcinogenicity Category 2
Reproductive toxicity Category 2
Specific target organ toxicity, repeated Category 2
exposure
Aspiration hazard Category 1
Environmental hazards Hazardous to the aquatic environment, Category 2
long-term hazard
OSHA defined hazards Not classified.
Label elements
Signal word Danger
Hazard statement Flammable liquid and vapor. Harmful if inhaled. Causes skin irritation. Suspected of causing
cancer. Suspected of damaging fertility or the unborn child. May cause damage to organs(blood,
thymus, liver)through prolonged or repeated exposure. May be fatal if swallowed and enters
airways.
Precautionary statement
Prevention Obtain special instructions before use. Do not handle until all safety precautions have been read
and understood. Keep away from heat/sparks/open flames/hot surfaces. -No smoking. Keep
container tightly closed. Ground/bond container and receiving equipment. Use explosion-proof
electrical/ventilating/lighting equipment. Use only non-sparking tools.Take precautionary
measures against static discharges. Do not breathe mist/vapors/spray.Wash thoroughly after
handling. Wear protective gloves/protective clothing/eye protection/face protection. Use only
outdoors or in a well-ventilated area.
DIESEL FUELS
913579 Version#:04 Revison date:23-May-2014 Print date:23-May-2014 1 /11
Prepared by 3E Company
Response If skin irritation occurs: Get medical advice/attention. If inhaled: Remove person to fresh air and
keep comfortable for breathing. If on skin (or hair):Take off immediately all contaminated clothing.
Rinse skin with water/shower. If exposed or concerned: Get medical advice/attention. If
swallowed: Immediately call a poison center/doctor. Take off contaminated clothing and wash
before reuse. In case of fire: Use foam, carbon dioxide, dry powder or water fog for extinction.
Storage Store locked up. Store in a well-ventilated place. Keep cool.
Disposal Dispose of contents/container in accordance with local/regional/national/international regulations.
Hazard(s) not otherwise None known.
classified (HNOC)
3. Composition/information on ingredients
Mixtures
Chemical name CAS number
Fuels, diesel, no. 2 68476-34-6 85- 100
Biodiesel-Fatty acid methyl 67762-38-3 0-10
esters
Fuels, diesel, C9-18-alkane 1159170-26-9 0-5
branched and linear
n-Nonane 111-84-2 1 -3
Octane(All isomers) 111-65-9 1 -2
Hexane(Other isomers) 96-14-0 0- 1
Naphthalene 91-20-3 0- 1
n-Heptane 142-82-5 0- 1
n-Hexane 110-54-3 0-1
4. First-aid measures
Inhalation Move to fresh air. If breathing is difficult, give oxygen. If not breathing, give artificial respiration. Get
medical attention.
Skin contact Remove contaminated clothing and shoes. Wash off immediately with soap and plenty of water.
Get medical attention if irritation develops or persists.Wash clothing separately before reuse.
Destroy or thoroughly clean contaminated shoes. If high pressure injection under the skin occurs,
always seek medical attention.
Eye contact Immediately flush eyes with plenty of water for at least 15 minutes. Remove contact lenses, if
present and easy to do. Continue rinsing. Get medical attention.
Ingestion Rinse mouth thoroughly. Do not induce vomiting without advice from poison control center. Do not
give mouth-to-mouth resuscitation. If vomiting occurs, keep head low so that stomach content
does not get into the lungs. Never give anything by mouth to a victim who is unconscious or is
having convulsions. Get medical attention immediately.
Most important Irritation of nose and throat. Irritation of eyes and mucous membranes. Skin irritation.
symptoms/effects,acute and Unconsciousness. Corneal damage. Narcosis. Decrease in motor functions. Behavioral changes.
delayed Edema. Liver enlargement. Jaundice. Conjunctivitis. Proteinuria. Defatting of the skin. Rash.The
toxicological properties of this product have not been thoroughly investigated. Use appropriate
precautions.
Hydrogen sulfide, a highly toxic gas, may be present. Signs and symptoms of overexposure to
hydrogen sulfide include respiratory and eye irritation, dizziness, nausea, coughing, a sensation of
dryness and pain in the nose, and loss of consciousness. Odor does not provide a reliable
indicator of the presence of hazardous levels in the atmosphere.
Indication of immediate In case of shortness of breath, give oxygen. Keep victim warm. Keep victim under observation.
medical attention and special Symptoms may be delayed.The toxicological properties of this material have not been fully
treatment needed investigated.
General information If exposed or concerned: get medical attention/advice. Ensure that medical personnel are aware of
the material(s)involved, and take precautions to protect themselves. Show this safety data sheet
to the doctor in attendance. Wash contaminated clothing before re-use.
5. Fire-fighting measures
Suitable extinguishing media Water spray.Water fog. Foam. Dry chemical powder. Carbon dioxide(CO2).
DIESEL FUELS
913579 Version#:04 Revison date:23-May-2014 Print date:23-May-2014 2/ 11
Prepared by 3E Company
Unsuitable extinguishing Do not use a solid water stream as it may scatter and spread fire.
media
Specific hazards arising from The product is flammable, and heating may generate vapors which may form explosive vapor/air
the chemical mixtures.Thermal decomposition or combustion may liberate toxic gases or fumes.
Special protective equipment Wear full protective clothing, including helmet,self-contained positive pressure or pressure
and precautions for firefighters demand breathing apparatus, protective clothing and face mask.
Fire-fighting Wear full protective clothing, including helmet, self-contained positive pressure or pressure
equipment/instructions demand breathing apparatus,protective clothing and face mask.Withdraw immediately in case of
rising sound from venting safety devices or any discoloration of tanks due to fire. Fight fire from
maximum distance or use unmanned hose holders or monitor nozzles. Move containers from fire
area if you can do it without risk. In the event of fire, cool tanks with water spray. Cool containers
exposed to flames with water until well after the fire is out. For massive fire, use unmanned hose
holders or monitor nozzles; if this is impossible,withdraw from area and let fire burn.Water runoff
can cause environmental damage. Use compatible foam to minimize vapor generation as needed.
6. Accidental release measures
Personal precautions, Keep unnecessary personnel away. Local authorities should be advised if significant spills cannot
protective equipment and be contained. Keep upwind. Keep out of low areas.Ventilate closed spaces before entering. Do
emergency procedures not touch damaged containers or spilled material unless wearing appropriate protective clothing.
See Section 8 of the SDS for Personal Protective Equipment.
Methods and materials for Eliminate all ignition sources(no smoking,flares,sparks, or flames in immediate area). Local
containment and cleaning up authorities should be advised if significant spillages cannot be contained. Stop leak if you can do
so without risk. This material is a water pollutant and should be prevented from contaminating soil
or from entering sewage and drainage systems and bodies of water. Dike the spilled material,
where this is possible. Prevent entry into waterways, sewers, basements or confined areas.
Use non-sparking tools and explosion-proof equipment.
Small Spills:Absorb spill with vermiculite or other inert material,then place in a container for
chemical waste. Clean surface thoroughly to remove residual contamination.This material and its
container must be disposed of as hazardous waste.
Large Spills: Use a non-combustible material like vermiculite, sand or earth to soak up the product
and place into a container for later disposal. Prevent product from entering drains. Do not allow
material to contaminate ground water system. Should not be released into the environment.
Clean up in accordance with all applicable regulations.
Environmental precautions If facility or operation has an"oil or hazardous substance contingency plan",activate its
procedures. Stay upwind and away from spill.Wear appropriate protective equipment including
respiratory protection as conditions warrant. Do not enter or stay in area unless monitoring
indicates that it is safe to do so. Isolate hazard area and restrict entry to emergency crew.
Flammable. Review Firefighting Measures, Section 5, before proceeding with clean up. Keep all
sources of ignition (flames,smoking,flares, etc.)and hot surfaces away from release. Contain spill
in smallest possible area. Recover as much product as possible(e.g. by vacuuming). Stop leak if it
can be done without risk. Use water spray to disperse vapors. Use compatible foam to minimize
vapor generation as needed. Spilled material may be absorbed by an appropriate absorbent,and
then handled in accordance with environmental regulations. Prevent spilled material from entering
sewers,storm drains, other unauthorized treatment or drainage systems and natural waterways.
Contact fire authorities and appropriate federal,state and local agencies. If spill of any amount is
made into or upon navigable waters,the contiguous zone,or adjoining shorelines, contact the
National Response Center at 1-800-424-8802. For highway or railways spills, contact Chemtrec at
1-800-424-9300.
7. Handling and storage
Precautions for safe handling Eliminate sources of ignition.Avoid spark promoters. Ground/bond container and equipment.
These alone may be insufficient to remove static electricity.
Wear personal protective equipment.Avoid breathing mist/vapors/spray.Avoid contact with eyes,
skin, and clothing. Do not taste or swallow.Avoid prolonged exposure. Use only with adequate
ventilation.Wash thoroughly after handling.The product is combustible, and heating may generate
vapors which may form explosive vapor/air mixtures. DO NOT handle, store or open near an open
flame,sources of heat or sources of ignition. Protect material from direct sunlight.Take
precautionary measures against static discharges.All equipment used when handling the product
must be grounded. Use non-sparking tools and explosion-proof equipment.When using, do not
eat,drink or smoke.Avoid release to the environment.
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Conditions for safe storage, Flammable liquid storage. Do not handle or store near an open flame, heat or other sources of
including any incompatibilities ignition.This material can accumulate static charge which may cause spark and become an
ignition source. The pressure in sealed containers can increase under the influence of heat. Keep
container tightly closed in a cool, well-ventilated place. Keep away from food, drink and animal
feedingstuffs. Keep out of the reach of children.
8. Exposure controls/personal protection
Occupational exposure limits
US.OSHA Table Z-1 Limits for Air Contaminants(29 CFR 1910.1000)
Components Type Value
Naphthalene(CAS 91-20-3) PEL 50 mg/m3
10 ppm
n-Heptane(CAS 142-82-5) PEL 2000 mg/m3
500 ppm
n-Hexane(CAS 110-54-3) PEL 1800 mg/m3
500 ppm
Octane (All isomers)(CAS PEL 2350 mg/m3
111-65-9)
500 ppm
US.ACGIH Threshold Limit Values
Components Type Value Form
Fuels, diesel, no. 2 (CAS TWA 100 mg/m3 Inhalable fraction and
68476-34-6) vapor.
Hexane (Other isomers) STEL 1000 ppm
(CAS 96-14-0)
TWA 500 ppm
Naphthalene(CAS 91-20-3) STEL 15 ppm
TWA 10 ppm
n-Heptane (CAS 142-82-5) STEL 500 ppm
TWA 400 ppm
n-Hexane(CAS 110-54-3) TWA 50 ppm
n-Nonane (CAS 111-84-2) TWA 200 ppm
Octane(All isomers)(CAS TWA 300 ppm
111-65-9)
US. NIOSH: Pocket Guide to Chemical Hazards
Components Type Value
Hexane (Other isomers) Ceiling 1800 mg/m3
(CAS 96-14-0)
510 ppm
TWA 350 mg/m3
100 ppm
Naphthalene(CAS 91-20-3) STEL 75 mg/m3
15 ppm
TWA 50 mg/m3
10 ppm
n-Heptane(CAS 142-82-5) Ceiling 1800 mg/m3
440 ppm
TWA 350 mg/m3
85 ppm
n-Hexane (CAS 110-54-3) TWA 180 mg/m3
50 ppm
n-Nonane (CAS 111-84-2) TWA 1050 mg/m3
200 ppm
Octane(All isomers)(CAS Ceiling 1800 mg/m3
111-65-9)
385 ppm
TWA 350 mg/m3
75 ppm
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Biological limit values
ACGIH Biological Exposure Indices
Components Value Determinant Specimen Sampling Time
n-Hexane (CAS 110-54-3) 0.4 mg/I 2,5-Hexanedio Urine
n, without
hydrolysis
0.4 mg/I 2,5-Hexanedi- *
on,without
hydrolysis
*-For sampling details, please see the source document.
Exposure guidelines
US-California OELs: Skin designation
n-Hexane(CAS 110-54-3) Can be absorbed through the skin.
US ACGIH Threshold Limit Values: Skin designation
Fuels, diesel, no. 2 (CAS 68476-34-6) Can be absorbed through the skin.
Naphthalene(CAS 91-20-3) Can be absorbed through the skin.
n-Hexane(CAS 110-54-3) Can be absorbed through the skin.
Appropriate engineering Provide adequate general and local exhaust ventilation. Use process enclosures, local exhaust
controls ventilation, or other engineering controls to control airborne levels below recommended exposure
limits. Use explosion-proof equipment.
Individual protection measures,such as personal protective equipment
Eye/face protection Wear safety glasses. If splash potential exists, wear full face shield or chemical goggles.
Skin protection
Hand protection Wear chemical-resistant, impervious gloves. Suitable gloves can be recommended by the glove
supplier. Be aware that the liquid may penetrate the gloves. Frequent change is advisable.
Other Full body suit and boots are recommended when handling large volumes or in emergency
situations. Flame retardant protective clothing is recommended.
Respiratory protection Use a properly fitted, air-purifying or air-fed respirator complying with an approved standard if a
risk assessment indicates this is necessary. Respirator selection must be based on known or
anticipated exposure levels, the hazards of the product and the safe working limits of the selected
respirator. If workplace exposure limits for product or components are exceeded, NIOSH approved
equipment should be worn. Proper respirator selection should be determined by adequately
trained personnel, based on the contaminants, the degree of potential exposure and published
respiratory protection factors.This equipment should be available for nonroutine and emergency
use.
Thermal hazards Wear appropriate thermal protective clothing,when necessary.
General hygiene Consult supervisor for special handling instructions. Avoid contact with eyes.Avoid contact with
considerations skin. Keep away from food and drink.Wash hands before breaks and immediately after handling
the product. Provide eyewash station and safety shower. Handle in accordance with good
industrial hygiene and safety practice.
9. Physical and chemical properties
Appearance Liquid (may be dyed red).
Physical state Liquid.
Form Liquid.
Color Clear. Straw.
Odor Kerosene (strong).
Odor threshold Not available.
pH Not available.
Melting point/freezing point -60.07°F (-51.15°C) Estimated
Initial boiling point and boiling 325-700 °F(162.78-371.11 °C)
range
Flash point > 100.0 °F(> 37.8 °C)Closed Cup
Evaporation rate 0.02
Flammability (solid, gas) Not available.
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Upper/lower flammability or explosive limits
Flammability limit-lower 0.4%
(%)
Flammability limit-upper 8 %
(%)
Explosive limit-lower(%) Not available.
Explosive limit-upper(%) Not available.
Vapor pressure < 1 mm Hg (20°C)
Vapor density 3 (Air= 1)
Relative density 0.82-0.87
Relative density temperature 60°F(15.56 °C)
Solubility(ies)
Solubility(water) Not available.
Partition coefficient Not available.
(n-octanol/water)
Auto-ignition temperature 494.96°F (257.2 °C)
Decomposition temperature Not available.
Viscosity 2-4.5 mm2/s
10. Stability and reactivity
Reactivity Stable at normal conditions.
Chemical stability Stable under normal temperature conditions and recommended use.
Possibility of hazardous Hazardous polymerization does not occur.
reactions
Conditions to avoid Heat, flames and sparks. Ignition sources. Contact with incompatible materials. Do not pressurize,
cut, weld, braze, solder, drill,grind or expose empty containers to heat, flame, sparks, static
electricity, or other sources of ignition;they may explode and cause injury or death.
Incompatible materials Strong oxidizing agents.
Hazardous decomposition No hazardous decomposition products are known.
products
11. Toxicological information
Information on likely routes of exposure
Ingestion May be fatal if swallowed and enters airways.
Inhalation Harmful if inhaled. In high concentrations, vapors and spray mists are narcotic and may cause
headache, fatigue, dizziness and nausea.
Skin contact Causes skin irritation.
Eye contact May cause eye irritation.
Symptoms related to the Irritation of nose and throat. Irritation of eyes and mucous membranes. Skin irritation.
physical,chemical and Unconsciousness. Corneal damage. Narcosis. Decrease in motor functions. Behavioral changes.
toxicological characteristics Edema. Liver enlargement. Jaundice. Conjunctivitis. Proteinuria. Defatting of the skin. Rash. The
toxicological properties of this product have not been thoroughly investigated. Use appropriate
precautions.
Information on toxicological effects
Acute toxicity Harmful if inhaled. Harmful: may cause lung damage if swallowed. The toxicological properties of
this material have not been fully investigated.
Components Species Test Results
Fuels, diesel, no. 2 (CAS 68476-34-6)
Acute
Inhalation
LC50 Rat 4.1 mg/I,4 hours
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Components Species Test Results
Naphthalene(CAS 91-20-3)
Acute
Dermal
LD50 Rabbit >2 g/kg
Oral
LD50 Rat 490 mg/kg
n-Heptane(CAS 142-82-5)
Acute
Inhalation
LC50 Rat 103 mg/I, 4 Hours
n-Hexane (CAS 110-54-3)
Acute
Oral
LD50 Rat 28710 mg/kg
n-Nonane(CAS 111-84-2)
Acute
Inhalation
LC50 Rat 3200 mg/I, 4 Hours
Octane(All isomers)(CAS 111-65-9)
Acute
Inhalation
LC50 Rat 118 mg/I, 4 Hours
Skin corrosion/irritation Causes skin irritation.
Serious eye damage/eye Based on available data, the classification criteria are not met.
irritation
Respiratory or skin sensitization
Respiratory sensitization Based on available data, the classification criteria are not met.
Skin sensitization Based on available data, the classification criteria are not met.
Germ cell mutagenicity Based on available data, the classification criteria are not met.
Carcinogenicity Suspected of causing cancer.
International Agency for Research on Cancer(IARC): Whole diesel engine exhaust—IARC Group
1. Exposure may cause lung cancer and also noted a positive association with an increased risk
of bladder cancer.
Diesel exhaust has been reported to be an occupational hazard due to NIOSH-reported potential
carcinogenic properties.
IARC Monographs. Overall Evaluation of Carcinogenicity
Fuels, diesel, no. 2 (CAS 68476-34-6) 3 Not classifiable as to carcinogenicity to humans.
Naphthalene(CAS 91-20-3) 2B Possibly carcinogenic to humans.
NTP Report on Carcinogens
Naphthalene(CAS 91-20-3) Reasonably Anticipated to be a Human Carcinogen.
Reproductive toxicity Suspected of damaging fertility or the unborn child.
Napthalene interferes with embryo development in experimental animals at dose levels that cause
maternal toxicity. In humans, excessive exposure to this agent may cause hemolytic anemia in the
mother and fetus.
Specific target organ toxicity - Based on available data,the classification criteria are not met.
single exposure
Specific target organ toxicity- May cause damage to the following organs through prolonged or repeated exposure: Blood. Liver.
repeated exposure Thymus.
Aspiration hazard May be fatal if swallowed and enters airways.
Chronic effects Contains organic solvents which in case of overexposure may depress the central nervous system
causing dizziness and intoxication. Repeated exposure to naphthalene may cause cataracts,
allergic skin rashes, destruction of red blood cells, and anemia,jaundice, kidney and liver damage.
Danger of serious damage to health by prolonged exposure. Prolonged or repeated overexposure
may cause central nervous system, kidney, liver, and lung damage.
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Further information Symptoms may be delayed. Hydrogen sulfide, a highly toxic gas, may be present. Signs and
symptoms of overexposure to hydrogen sulfide include respiratory and eye irritation,dizziness,
nausea, coughing, a sensation of dryness and pain in the nose, and loss of consciousness. Odor
does not provide a reliable indicator of the presence of hazardous levels in the atmosphere.
Toxicological properties of this material have not been fully investigated.
12. Ecological information
Ecotoxicity Toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment.
Components Species Test Results
Fuels, diesel, no. 2 (CAS 68476-34-6)
Aquatic
Acute
Crustacea EL50 Daphnia magna 68 mg/I,48 hours
Fish LL50 Oncorhynchus mykiss 65 mg/I, 96 hours
Naphthalene(CAS 91-20-3)
Aquatic
Crustacea EC50 Water flea (Daphnia magna) 1.09-3.4 mg/I,48 hours
Fish LC50 Pink salmon (Oncorhynchus gorbuscha) 0.95-1.62 mg/I, 96 hours
n-Heptane(CAS 142-82-5)
Aquatic
Fish LC50 Western mosquitofish (Gambusia affinis) 4924 mg/I, 96 hours
n-Hexane(CAS 110-54-3)
Aquatic
Fish LC50 Fathead minnow(Pimephales promelas) 2.101 -2.981 mg/I, 96 hours
Persistence and degradability Not available.
Bioaccumulative potential Not available.
Partition coefficient n-octanol/water(log Kow)
Hexane(Other isomers)(CAS 96-14-0) 3.6
Octane(All isomers)(CAS 111-65-9) 5.18
n-Heptane (CAS 142-82-5) 4.66
n-Hexane (CAS 110-54-3) 3.9
n-Nonane(CAS 111-84-2) 5.46
Mobility in soil Not available.
Other adverse effects Not available.
13. Disposal considerations
Disposal instructions Dispose in accordance with all applicable regulations. This material and its container must be
disposed of as hazardous waste. Dispose of this material and its container to hazardous or special
waste collection point. Incinerate the material under controlled conditions in an approved
incinerator. Do not allow this material to drain into sewers/water supplies. Do not contaminate
ponds,waterways or ditches with chemical or used container.
Hazardous waste code D001:Waste Flammable material with a flash point<140°F
US RCRA Hazardous Waste U List: Reference
Naphthalene(CAS 91-20-3) U165
Waste from residues/unused Dispose of in accordance with local regulations.
products
Contaminated packaging Offer rinsed packaging material to local recycling facilities.
14. Transport information
DOT
UN number UN1202
UN proper shipping name Diesel fuel
Transport hazard class(es)
Class Combustible Liquid
Subsidiary risk -
Packing group III
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Environmental hazards
Marine pollutant Yes
Special precautions for user Read safety instructions, SDS and emergency procedures before handling.
Special provisions 144, B1, IB3,T2,TP1
Packaging exceptions 150 •
Packaging non bulk 203
Packaging bulk 242
IATA
UN number UN1202
UN proper shipping name Diesel fuel
Transport hazard class(es)
Class 3
Subsidiary risk -
Label(s) 3
Packing group III
Environmental hazards Yes
ERG Code 3L
Special precautions for user Read safety instructions, SDS and emergency procedures before handling.
IMDG
UN number UN1202
UN proper shipping name DIESEL FUEL
Transport hazard class(es)
Class 3
Subsidiary risk -
Label(s) 3
Packing group III
Environmental hazards
Marine pollutant Yes
EmS F-E, S-E
Special precautions for user Read safety instructions,SDS and emergency procedures before handling.
Transport in bulk according to Not applicable. However,this product is a liquid and if transported in bulk covered under
Annex II of MARPOL 73/78 and MARPOL 73/78,Annex I.
the IBC Code
15. Regulatory information
US federal regulations
TSCA Section 12(b) Export Notification(40 CFR 707,Subpt. D)
n-Nonane(CAS 111-84-2) 1.0%One-Time Export Notification only.
US. OSHA Specifically Regulated Substances (29 CFR 1910.1001-1050)
Not listed.
CERCLA Hazardous Substance List(40 CFR 302.4)
Hexane(Other isomers)(CAS 96-14-0) LISTED
Naphthalene(CAS 91-20-3) LISTED
n-Heptane(CAS 142-82-5) LISTED
n-Hexane(CAS 110-54-3) LISTED
n-Nonane(CAS 111-84-2) LISTED
Octane(All isomers)(CAS 111-65-9) LISTED
Superfund Amendments and Reauthorization Act of 1986 (SARA)
Hazard categories Immediate Hazard-No
Delayed Hazard-No
Fire Hazard-No
Pressure Hazard- No
Reactivity Hazard-No
SARA 302 Extremely hazardous substance
Not listed.
SARA 311/312 Hazardous Yes
chemical
DIESEL FUELS
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SARA 313(TRI reporting)
Chemical name CAS number % by wt.
Naphthalene 91-20-3 0- 1
Other federal regulations
Clean Air Act(CAA)Section 112 Hazardous Air Pollutants (HAPS)List
Naphthalene(CAS 91-20-3)
n-Hexane (CAS 110-54-3)
Clean Air Act(CAA)Section 112(r)Accidental Release Prevention (40 CFR 68.130)
Not regulated.
Safe Drinking Water Act Not regulated.
(SDWA)
US state regulations WARNING This product contains chemicals known to the State of California to cause cancer and
birth defects or other reproductive harm.
US. Massachusetts RTK-Substance List
Hexane(Other isomers)(CAS 96-14-0)
Naphthalene(CAS 91-20-3)
n-Heptane(CAS 142-82-5)
n-Hexane(CAS 110-54-3)
n-Nonane (CAS 111-84-2)
Octane(All isomers)(CAS 111-65-9)
US. New Jersey Worker and Community Right-to-Know Act
Fuels, diesel, no. 2 (CAS 68476-34-6)
Naphthalene(CAS 91-20-3)
n-Heptane (CAS 142-82-5)
n-Hexane(CAS 110-54-3)
n-Nonane(CAS 111-84-2)
Octane(All isomers)(CAS 111-65-9)
US. Pennsylvania Worker and Community Right-to-Know Law
Fuels,diesel, no. 2 (CAS 68476-34-6)
Hexane(Other isomers)(CAS 96-14-0)
Naphthalene(CAS 91-20-3)
n-Heptane(CAS 142-82-5)
n-Hexane (CAS 110-54-3)
n-Nonane (CAS 111-84-2)
Octane(All isomers)(CAS 111-65-9)
US. Rhode Island RTK
Naphthalene(CAS 91-20-3)
n-Hexane (CAS 110-54-3)
US.California Proposition 65
US -California Proposition 65 -Carcinogens & Reproductive Toxicity(CRT): Listed substance
Benzene(CAS 71-43-2)
Toluene(CAS 108-88-3)
International Inventories
Country(s)or region Inventory name On inventory(yes/no)"
Australia Australian Inventory of Chemical Substances(AICS) No
Canada Domestic Substances List(DSL) No
Canada Non-Domestic Substances List(NDSL) No
China Inventory of Existing Chemical Substances in China (IECSC) No
Europe European Inventory of Existing Commercial Chemical No
Substances(EINECS)
Europe European List of Notified Chemical Substances(ELINCS) No
Japan Inventory of Existing and New Chemical Substances(ENCS) No
Korea Existing Chemicals List(ECL) No
New Zealand New Zealand Inventory No
Philippines Philippine Inventory of Chemicals and Chemical Substances No
(PICCS)
DIESEL FUELS
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}
Country(s)or region Inventory name On inventory(yes/no)"
United States& Puerto Rico Toxic Substances Control Act(TSCA)Inventory Yes
*A"Yes"indicates this product complies with the inventory requirements administered by the governing country(s).
A"No"indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing
country(s).
16. Other information, including date of preparation or last revision
Issue date 13-May-2013
Revision date 23-May-2014
Version# 04
Further information HMIS®is a registered trade and service mark of the NPCA.
NFPA Ratings
0
Disclaimer This material Safety Data Sheet(SDS)was prepared in accordance with 29 CFR 1910.1200 by
Valero Marketing & Supply Co., ("VALERO").VALERO does not assume any liability arising out of
product use by others. The information, recommendations, and suggestions presented in this SDS
are based upon test results and data believed to be reliable. The end user of the product has the
responsibility for evaluating the adequacy of the data under the conditions of use,determining the
safety,toxicity and suitability of the product under these conditions, and obtaining additional or
clarifying information where uncertainty exists. No guarantee expressed or implied is made as to
the effects of such use ,the results to be obtained, or the safety and toxicity of the product in any
specific application. Furthermore,the information herein is not represented as absolutely
complete, since it is not practicable to provide all the scientific and study information in the format
of this document, plus additional information may be necessary under exceptional conditions of
use, or because of applicable laws or government regulations.
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EXHIBIT "C"
FEDERAL CLAUSES
1. FLY AMERICA REQUIREMENTS
Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in
accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that
recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for
U.S Government-financed international air travel and transportation of their personal effects or property, to the
extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly
America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or
memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was
necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly
America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that
may involve international air transportation.
2. BUY AMERICA REQUIREMENTS
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal
funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are
produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general
waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15
passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and
software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11.
Rolling stock must be assembled in the United States and have a 60 percent domestic content.
3. CARGO PREFERENCE REQUIREMENTS
Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-Flag
commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers,
dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to
the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-
Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments
originating within the United States or within 30 working days following the date of leading for shipments
originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in
English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo,
Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient
(through the contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all
subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment,
material, or commodities by ocean vessel.
4. SEISMIC SAFETY REQUIREMENTS
The contractor agrees that any new building or addition to an existing building will be designed and constructed
in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety
Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The
contractor also agrees to ensure that all work performed under this contract including work performed by a
subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the
certification of compliance issued on the project
5. ENERGY POLICY AND CONSERVATION ACT
The Contractor shall recognize mandatory standards and policies relating to energy efficiency contained in the
State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C.
Section 6321 et seq.).
6. CLEAN WATER ACT
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each
violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding$100,000 financed
in whole or in part with Federal assistance provided by FTA.
7. RESTRICTIONS ON LOBBYING
(a) The Contractor shall timely comply with the requirements of the lobbying restrictions set forth in
Section 319 of Public Law 101-121, as implemented by the Depaitinent of Transportation in 49 C.F.R. Part
20, and as those authorities may be hereafter amended.
(b) If a Standard Form LLL, "Disclosure Form to Report Lobbying," is required to be completed by the
Contractor or subcontractor at any tier, such disclosure form shall be furnished to the Authority.
8. ACCESS TO RECORDS
The following access to records requirements apply to this Contract:
• Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of
the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the
Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their
authorized representatives access to any books, documents, papers and records of the Contractor which
are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and
transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator
or his authorized representatives including any PMO Contractor access to Contractor's records and
construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving
federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
• Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator
or his authorized representatives, including any PMO Contractor, access to the Contractor's records and
construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving
federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By
definition, a major capital project excludes contracts of less than the simplified acquisition threshold
currently set at $100,000.
• Where the Purchaser enters into a negotiated contract for other than a small purchase or under the
simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit
organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49
C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General
of the United States o: y of their duly authorized representati with access to any books, documents,
papers and record of the Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.
• Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance
with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C.
5302(a)1) through other than competitive bidding, the Contractor shall make available records related to
the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any
authorized officer or employee of any of them for the purposes of conducting an audit and inspection.
• The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or
to copy excerpts and transcriptions as reasonably needed.
• The Contractor agrees to maintain all books, records, accounts and reports required under this contract
for a period of not less than three years after the date of termination or expiration of this contract, except
in the event of litigation or settlement of claims arising from the performance of this contract, in which
case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller
General, or any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
• FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract Contract Operational Turnkey Construction Architectural Acquisition Professional
Characteristics Service Engineering of Rolling Services
Contract Stock
a.Contracts below Those imposed
SAT($100,000) None on state pass None None None None
I.State thru to
Grantees Contractor
b.Contracts above None Those imposed Yes,if non-competitive None unless None unless non-
$100,000/Capital unlessinon- on state pass award or if funded None unless non- non-competitive competitive
Projects competitive thru to thru25307/5309/5311 competitive award award award
award Contractor
II.Non State a.Contracts below Those imposed
Grantees SAT($100,000) on non-state
Yes3 Grantee pass Yes Yes Yes Yes
thru to
Contractor
b.Contracts above Those imposed
$100,000/Capital on non-state
Projects Yes3 Grantee pass Yes Yes Yes Yes
thru to
Contractor
Sources of Authority
1. 49 USC 5325(a)
2. 49 CFR 633.17
3. 18 CFR 18.36(i)
9. FEDERAL CHANGES
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by reference in the Master
Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time
during the term of this 'tract. Contractor's failure to so compl 'call constitute a material breach of this
contract.
10. CLEAN AIR
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant
to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each
violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each
violation as required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
ii. RECYCLED PRODUCTS
Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the
Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not
limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply
to the procurement of the items designated in Subpart B of 40 CFR Part 247.
12. DAVIS-BACON ACT(40 USC§ 3141-3148(2002)
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), will be paid unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account (except such payroll deductions as are permitted
by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full
amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment
computed at rates not less than those contained in the wage determination of the Secretary of Labor
which is attached hereto and made a part hereof, regardless of any contractual relationship which may be
alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of
the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made
or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be constructively made or incurred
during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of work actually performed, without
regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in
more than one classification may be compensated at the rate specified for each classification for the time
actually worked therein: Provided, That the employer's payroll records accurately set forth the time
spent in each classification in which work is performed. The wage determination (including any
additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the
Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting officershall approve an
additional classification and wage rate and fringe benefits therefore only when the following criteria
have been met:
1. Except with respect helpers as defined as 29 CFR 5.2(. 1), the work to be performed by the
classification requested is not performed by a classification in the wage determination; and
2. The classification is utilized in the area by the construction industry; and
3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination; and
4. With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which
the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the contracting officer agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the
contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification action within 30 days
of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the contracting officer shall
refer the questions, including the views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer
or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification
under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the
benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly
cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated
in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor
has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon
Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in
the wage determination and which is to be employed under the contract shall be classified in
conformance with the wage determination. The contracting officer shall approve an additional
classification and wage rate and fringe benefits therefor only when the following criteria have been met:
1. The work to be performed by the classification requested is not performed by a classification in the
wage determination; and
2. The classification is utilized in the area by the construction industry; and
3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the contracting officer agree on the classification and wage rate (including the
amount designated for nge benefits where appropriate), a rep of the action taken shall be sent by the
contracting officer to the Administrator of the Wage and hour Division, Employment Standards
Administration, Washington, DC 20210. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the contracting officer shall
refer the questions, including the views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination with 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification
under this contract from the first day on which work is performed in the classification.
(2) Withholding- The [ insert name of grantee] shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other Federal contract with the same prime contractor, or any other
federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the
same prime contractor, so much of the accrued payments or advances as may be considered necessary to
pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or
any subcontractor the full amount of wages required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the
work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), all or part of the wages required by the contract, the [ insert
name of grantee] may, after written notice to the contractor, sponsor, applicant, or owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or guarantee of
funds until such violations have ceased.
(3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by
the contractor during the course of the work and preserved for a period of three years thereafter for all
laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937,
or under the Housing Act of 1949, in the construction or development of the project). Such records shall
contain the name, address, and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-
Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or
program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records
which show that the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been communicated in writing to the laborers
or mechanics affected, and records which show the costs anticipated or the actual cost incurred in
providing such benefits. Contractors employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the
applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a
copy of all payrolls to the [ insert name of grantee ] for transmission to the Federal Transit
Administration. The payrolls submitted shall set out accurately and completely all of the information
required to be mainta 3 under section 5.5(a)(3)(i) of Regul ns, 29 CFR part 5. This information
may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be
purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.
Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
1. (1) That the payroll for the payroll period contains the information required to be maintained under
section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete;
2. (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
3. (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required
by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to
civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United
States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this
section available for inspection, copying, or transcription by authorized representatives of the Federal
Transit Administration or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the Federal agency may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records
upon request or to make such records available may be grounds for debarment action pursuant to 29
CFR 5.12.
(4) Apprentices and trainees - (i)Apprentices - Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days
of probationary employment as an apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a
State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio permitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any apprentice performing
work on the job site in excess of the ratio permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which its program is
registered, the ratios wage rates (expressed in percentages the journeyman's hourly rate) specified
in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be
paid at not less than the rate specified in the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the
full amount of fringe benefits listed on the wage determination for the applicable classification. If the
Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance
with that determination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program,
the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined
rate for the work performed until an acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on
the job site shall not be greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved program
for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in
the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall
be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of
the Wage and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides for less than full fringe
benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage determination for the classification of work actually
performed. In addition, any trainee performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the contractor will no longer be permitted to
utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(iii)Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this
part shall be in conformity with the equal employment opportunity requirements of Executive Order
11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements
of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained
in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by
appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in
any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment- A breach of the contract clauses in 29 CFR 5.5 may be grounds
for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29
CFR 5.12.
(8) Compliance with vis-Bacon and Related Act require its - All rulings and interpretations of
the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6,
and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
(10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it
(nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
13. CONTRACT WORK HOURS AND SAFETY STAND- ARDS ACT— OVERTIME COMPENSATION
1. Overtime requirements - No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or permit
any such laborer or mechanic in any workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked
in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the
clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible
therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be
liable to the United States for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar
day on which such individual was required or permitted to work in excess of the standard workweek
of forty hours without payment of the overtime wages required by the clause set forth in paragraph
(1) of this section.
3. Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee)
shall upon its own action or upon written request of an authorized representative of the Department
of Labor withhold or cause to be withheld, from any moneys payable on account of work performed
by the contractor or subcontractor under any such contract or any other Federal contract with the
same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours
and Safety Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph(2) of this section.
4. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth
in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs
(1) through(4) of this section.
14. No GOVERNMENT Ow ATION TO THIRD PARTIES
1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of the underlying contract, absent the
express written consent by the Federal Government, the Federal Government is not a party to this
contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any
other party (whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part
with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified,
except to identify the subcontractor who will be subject to its provisions.
15. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,
as amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the
underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying
contract or the FTA assisted project for which this contract work is being performed. In addition to
other penalties that may be applicable, the Contractor further acknowledges that if it makes, or
causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies
Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a contract
connected with a project that is financed in whole or in part with Federal assistance originally
awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to
impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent
the Federal Government deems appropriate.
3. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be
modified, except to identify the subcontractor who will be subject to the provisions.
16. DEBARMENT & SUSPENSION
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required
to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at
49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to
comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in thi 'ause is a material representation of fr -died upon by {insert agency name}.
If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in
addition to remedies available to {insert agency name}, the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to
comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period
of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions.
17. PRIVACY ACT
1. Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the
Contractor and its employees that administer any system of records on behalf of the Federal
Government under any contract: The Contractor agrees to comply with, and assures the compliance
of its employees with, the information restrictions and other applicable requirements of the Privacy
Act of 1974,
5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the
Federal Government before the Contractor or its employees operate a system of records on behalf of
the Federal Government. The Contractor understands that the requirements of the Privacy Act,
including the civil and criminal penalties for violation of that Act, apply to those individuals
involved, and that failure to comply with the terms of the Privacy Act may result in termination of
the underlying contract.
2. The Contractor also agrees to include these requirements in each subcontract to administer any
system of records on behalf of the Federal Government financed in whole or in part with Federal
assistance provided by FTA.
18. CIVIL RIGHTS
1. Nondiscrimination- In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §
2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section
202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49
U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant
for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the
Contractor agrees to comply with applicable Federal implementing regulations and other
implementing requirements FTA may issue.
2. Equal Employment Opportunity- The following equal employment opportunity requirements apply
to the underlying contract:
1. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act,
as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor
agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq .,
(which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended
by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect construction
activities undertaken in the course of the Project. The Contractor agrees to take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, Nout regard to their race, color, creed, 'ional origin, sex, or age. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. In addition, the Contractor
agrees to comply with any implementing requirements FTA may issue.
2. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to
refrain from discrimination against present and prospective employees for reason of age. In
addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
3. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended,
42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal
Employment Opportunity Commission, "Regulations to Implement the Equal Employment
Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to
employment of persons with disabilities. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
3. The Contractor also agrees to include these requirements in each subcontract financed in whole or in
part with Federal assistance provided by FTA, modified only if necessary to identify the affected
parties
19. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a) It is the policy of the Authority and the Department of Transportation that Disadvantaged Business
Enterprises (DBEs) as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to
participate in the performance of con- tracts financed in whole or in part with Federal funds under
this contract. Consequently, the DBE requirements of 49 C.F.R Part 26 applies to this contract.
b) The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The requirements of 49 C.F.R. Part 26, and the Authority's DOT
approved Disadvantaged Business Enterprise (DBE) program are incorporated in this contract by
reference. Failure by the Contractor to carry out these requirements is a material breach of the
contract, which may result in the termination of this contract or such other remedy, as the Authority
deems appropriate.
20. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in
part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the
preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular
4220.1E are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions contained in
this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply
with any(name of grantee) requests which would cause (name of grantee) to be in violation of the FTA
terms and conditions.