HomeMy WebLinkAboutPR 20751: OFF ROAD DIESEL FUEL Cit' t) rthur Teras • www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: March 26, 2019 To: The Honorable Mayor and City Council Through: Harvey Robinson, Interim City Manager From: Alberto Elefano, Interim Public Works Director RE: P. R. No. 20751—Off Road Diesel Fuel Introduction: Authorize the first year of an annual contract for dyed off-road diesel for the Public Works Department Landfill Division and Pleasure Island Marina with Spidle Oil Co. of Port Arthur, Texas. Background: This is an annual contract for dyed, off-road diesel fuel that will be used by the City's Landfill Division and the marina on Pleasure Island. This contract is for a period of one year with an option to renew for one additional year. Budget Impact: Funds are provided in account no. 403-1274-533.24-00, Public Works Department Landfill Division—Fuel and Lubrication and account no. 450-1293-549.24-00, Pleasure Island Marina —Fuel and Lubrication. Recommendation: Approve the contract for the purchase of dyed off-road diesel with Spidle Oil Co. of Port Arthur, Texas. /aw "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P. R.20751 03/26/19 aw RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF A ONE YEAR CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND SPIDLE OIL CO. OF PORT ARTHUR, TEXAS FOR DYED, OFF-ROAD DIESEL WITH A PROJECTED BUDGETARY IMPACT OF $50,000 PER YEAR. FUNDING IS AVAILABLE IN ACCOUNT NO. 403-1273-533.24-00, PUBLIC WORKS DEPARTMENT LANDFILL DIVISION — FUEL AND LUBRICATION AND ACCOUNT NO. 450-1293-549-24.00, PLEASURE ISLAND MARINA—FUEL AND LUBRICATION. WHEREAS,the City purchases dyed, off-road diesel for use at the City's Landfill; and, WHEREAS, four (4) bids were received and opened on March 20, 2019 for the above reference material and have been evaluated by Purchasing, as shown in the bid tabulation attached as Exhibit"A"; and WHEREAS, the bids are based on a price differential above the Oil Price Information Service (OPIS) PADD 3 Report for the Beaumont/Port Arthur areas; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct; and, THAT, the City Manager is hereby authorized and directed to execute a unit price contract, attached hereto as Exhibit"B", with Spidle Oil Co. of Port Arthur, Texas; and, THAT, contract is for a period of one year with an option to renew for one additional year; and, THAT, funding is available in account 403-1273-533.24-00, Public Works Department Landfill Division — Fuel and Lubrication and account 450-1293-549.24-00, Pleasure Island Marina—Fuel and Lubrication; and, P. R.20751 03/26/19 aw THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED,AND APPROVED this the day of , A.D. 2019 at a meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: Noes: Mayor ATTEST: APPROVED AS TO FORM: Sherri Bellard Valecia Tizeno City Secretary City Attorney APPROVED FOR ADMINISTRATION: 'PROVED AS TO AVAILABLITY ' UNDS: c_c—r2Lor-t—LI-L1 Harvey Robinson Rebecca Underhill, CPA Interim City Manager Acting Director of Finance/Asst. City Manager c • 1,111 1 G4 Alberto Elefano, P. E. Clifton Williams Interim Public Works Director Purchasing Manager P.R.20751 03/26/19 aw Exhibit "A" 1 n ry 4(....D i -<p :1;O , w n• .Z d .-t ,_� m $ c -t cA-a CL > tfl • "I ,v k O CCo c 0" co X 7 5> mn a c cro = O / CA �, -1 cern► YO.I .... D a4. fA > x �a O oLA< O ''d .11d a' ._] yid O n ; G w y 2 W C , . O ►`�"+ o -1 n O OCtG z a N O O • d o e' CsJ o N co 0 Ges LA 11, ellC ,y Ni o v < n = o efl N X fD A cn '0 ° O O_ " n O CD A 5 y fen i-o w co �. L7 A n " oz y Cr0 e•D et '-3 ° n X n 7 m. 1 P.R.20751 03/26/19 aw Exhibit "B" CONTRACT FOR DYED, OFF-ROAD DIESEL THIS AGREEMENT, made this the_of , 2019, 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 Spidle Oil Co. , a(n) Corporation herein acting by and through Walter Spidle 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 for one (1)year from the date stated on the Notice to Proceed with an option to renew by mutual agreement for one (1) additional one-year period unless sooner terminated under the provisions hereof. The bid was based on a price differential above the Oil Price Information Service (OPIS)PADD 3 Report for the Beaumont/Port Arthur area. Each subsequent yearly contract renewal shall require approval of the City Council. 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 comply with the terms therein for unit prices as stated below: DYED, OFF-ROAD DIESEL Unit Cost $.0559 above OPIS 4. The term"Contract Documents" means and included the following: (A) Agreement (B) Invitation to Bid (C) General Information (D) Specifications (E) Bid (F) Bidder's Information Sheet (G) Notice to Proceed 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. OWNER CONTRACTOR BY: BY: Harvey Robinson, Spidle Oil Co. Interim City Manager Port Arthur, Texas Print Name: Title: !/ DERRICK FORD FREEMAN,MAYOR HARVEY ROBINSON THOMAS J.KINLAW III,MAYOR PRO TEM City ofINTERIM CITY MANAGER COUNCIL MEMBERS: /' -7 INTERIM i SHERRI BELLARD,TRMC RAYMOND SCOTT,JR ort r t It tt�r CITY SECRETARY CAL J.JONES HAROLD DOUCET,SR. /`ias VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK MARCH 4,2019 INVITATION TO BID Purchase of Dyed Diesel Fuel DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, March 20, 2019. (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, March 20, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. MARK ENVELOPE: P19-043 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 writinu to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov The enclosed Invitation to Bid (ITB) 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 Purchasing Manager Page 2 of 18 INVITATION TO BID Purchase of Dyed 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, State, Zip Code: Date: Page 3 of 18 SUBMIT THE FOLLOWING. A. BID SHEETS-PAGE 7 B. NON-COLLUSION AFFIDAVIT-PAGE 8 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 9 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE I AND SIGN & DATE ON LINE 7- PAGE 10 E. CHAPTER 2252 CERTIFICATION-PAGE 12 F. HOUSE BILL 89 VERIFICATION -PAGE 13 Page 4 of 18 SPECIFICATIONS FOR DYED DIESEL FUEL 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 in effect will change each Monday to the price published the previous Thursday. 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. Generally orders for deliveries will be made by the Public Works Departments in quantities of 4,000 gallons or less. Deliveries will be made within one(1)workday of the order to the locations listed below: Department Location Estimated Annual Usage Hours of Delivery Public Works Landfill Hwy. 73 26,000 gallons 7:00 A. M. - 5:00 P. M. (M-Sat) Pleasure Island Pleasure Pier Blvd. 4,600 gallons 8:00 A. M. - 5:00 P. M. (M-Fri) The Landfill tank is a 5,000 gallon above ground storage tank. The Pleasure Island tank is a 1,000 gallon above ground storage tank. 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. Page 5 of 18 Fuel prices bid will exclude all taxes and loading fees. The bidder must submit Material Safety Data Sheet(s)with bid. 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. The contract will be for 12 months and the city will have the option to renew the contract for one (1)year. Page 6 of 18 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Dyed Diesel Fuel BID DUE DATE: MARCH 20, 2019 DESCRIPTION PRICE ABOVE OPIS DIFFERENCE Dyed Diesel Fuel $ o(1) B59 FLAT CHARGE FOR SPLIT DELIVERY TO MORE THAN ONE(1)LOCATION $ 90 . 15 ° U S'cre-cl- COM'ANY . ' E STREET ADDRESS Dt ATURE OF BIDDER P.O. BOX PRINT OR TYPE NAME CITY STATE ZIP TITLE AREA CODE TELEPHONE NO V �0 ; lC,') I\1100 • CUI�'� 14—GIRCL 'S\pS L FAX NO. Page 7 of 18 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the de Hopment and submission of this bid proposal. Signature: —` Printed Name: (--/ Title: Company: Date: / / � � SUBSCRIBED and sworn to before me the undersigned authority by ti" the of, on behalf of said bidder. A-400 Notary Public in and for the State of Texas EDITIh A HOWELL (42-4 My Notary 1D#4481215 My commission expires: Expires November 8.2021 Page 8 of 18 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The dersigned offers and agrees to one of the following: i 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 rior 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. J\t 01 CO. (�f +9 Firm N Date thorized Signature Title UJa\der LA (PI /21 Gt-t °0 Name(please print) Telephone • ; dXe�� y o\ n o., . c=am Email STATE: ( '\ COUNTY:J-6k 'C.eZo SUBSCRIBED AND SWORN to before me by the above named Oa, + i S(• 04l on this the I day of Itkcrr ,20 / , . /1 r EDITH A.HOWELL . Ad ..., My Notary ID#4481215 Notary Public 11,ti,,-*. - ......... : Expires November 8,2021 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 9 of 18 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire Is being filed in accordance with Chapter 176,Local Government Code, by a vendor who Data Rocoivod 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 176.008(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. J Name of vendor who has a business relationship with local governmental entity. Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2XA). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable Income, other than investment income, from the vendor? Yes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? nYes No Describe each employment or business relationshipthat the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. J ITCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described In Section 176.003(a)(2)(B), excluding gifts descrbed In Section 176.003(a-1). Signature of vendor doing business with the governmental entity Data Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 10 of 18 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.tegis.state.tx.us/ Docs/LGPubm/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,slate,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 tile 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 178.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes award: (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. For n provided by Texas Ethics Commlcslon www.ethics.stale.tx.us Revised 11130/2015 Page 11 of 18 SB 252 CHAPTER 2252 CERTIFICATION I, W Q>�\)Zs- ,the undersigned and representative of J � 01 CU . (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2753.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Name of Co y R-presentative(Print) Si:mature of Company Representative (Q ( 1 Date Page 12 of 18 House Bill 89 Verification I, L.00,AAr (Person name), the undersigned representative (hereafter referred to as "Representative") of al� C�► V • (company or business name, hereafter referred to as 1 "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or wit' a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include a, action made for ordinary business purposes. IGNATURE OF REPRESENTATIVE UBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this I 1 day of YV -[L , 2015 , 44,,e( EDM1A.HOWELL My Notary ID#4481215 Notary Public Expires November 8,2021 Page 13 of 18 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding Federal Funds TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 14 of 18 ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. 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 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 Iaw. 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.: Public Works, P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. Page 15 of 18 Genetic ULS it2 Diesel Fuel,Dyec NEM Safety Data Sheet M CIT 1 VA Section 1: Identification Product identifier Product Name • Generic ULS #2 Diesel Fuel, Dyed Synonyms • GN TXLED NR 2D (S-15 PPM) DYED SDS Number/Grade • D0073GN Relevant identified uses of the substance or mixture and uses advised against Recommended use • Fuel for automotive off-road diesel engines Restrictions on use • This product must not be used in applications other than those listed in Section 1 without first seeking the advice of the supplier Details of the supplier of the safety data sheet Manufacturer • Motive Enterprises LLC PO BOX 4540 Houston, TX 77210-4540 United States www.Motiva.com Emergency telephone number Manufacturer • 1-800-424-9300 - CHEMTREC Section 2: Hazard Identification United States (US) According to: OSHA 29 CFR 1910.1200 HCS Classification of the substance or mixture OSHA HCS 2012 • Flammable Liquids 3 Aspiration 1 Skin Irritation 2 Acute Toxicity Inhalation 4 Carcinogenicity 2 Specific Target Organ Toxicity Repeated Exposure 2 Hazardous to the aquatic environment Chronic 2 Label elements OSHA HCS 2012 DANGER 11> Hazard statements • Flammable liquid and vapour May be fatal if swallowed and enters airways Causes skin irritation Harmful if inhaled Suspected of causing cancer. Preparation Dale: 16/December/2016 l of real:GHS Language:Engksh(US) Revision Date: 16/January/2017 OSHA HCS 2012 Page 1 0111 Generic ULS#2 Diesel Fuel,Dyed May cause damage to organs - Blood, thymus, liver through prolonged or repeated exposure Toxic to aquatic life with long lasting effects Precautionary statements 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 and/or hot surfaces. - No smoking. Keep container tightly closed. Ground and/or bond container and receiving equipment. Use explosion-proof electrical/ventilating/lighting/equipment. Use only non-sparking tools. Take precautionary measures against static discharge. Do not breathe mist, vapours and/or spray. Wash thoroughly after handling. Use only outdoors or in a well-ventilated area. Wear protective gloves/protective clothing/eye protection/face protection. Response • In case of fire: Use to extinguish. IF INHALED: Remove person to fresh air and keep comfortable for breathing. Call a POISON CENTER/doctor if you feel unwell. If on skin: Wash with plenty of water. Take off contaminated clothing and wash before reuse. Specific treatment, see supplemental first aid information. If skin irritation occurs: Get medical advice/attention. IF SWALLOWED: Immediately call a POISON CENTER/doctor. Do NOT induce vomiting. Get medical advice/attention if you feel unwell. IF exposed or concerned: Get medical advice/attention. Storage/Disposal • Store in a well-ventilated place. Keep cool. Store locked up. Dispose of content and/or container in accordance with local, regional, national, and/or international regulations. • May ignite on surfaces at temperatures above auto-ignition temperature Vapor in the headspace of tanks and containers may ignite and explode at temperatures exceeding auto-ignition temperature, where vapor concentrations are HCS 2012 Other within the flammability range Information This material is a static accumulator. Even with proper grounding and bonding, this material can still accumulate an electrostatic charge. If sufficient charge is allowed to accumulate, electrostatic discharge and ignition of flammable air-vapor mixtures can occur. This product is intended for use in closed systems only Other hazards OSHA HCS 2012 • Under United States Regulations (29 CFR 1910.1200 - Hazard Communication Standard), this product is considered hazardous. Other information NFPA 2 0 sponai Section 3 - Composition/Information on Ingredients Substances Preparation Date: 16lDecember/2016 Format:GHS Language:English(US) Revision Date: l6/January/2017 Page 2 of 11 OSHA HCS 2012 Generic ULS f 2 Diesel Fuel,Dyed • Material does not meet the criteria of a substance. Mixtures Composition Chemical Name Identifiers `Y° Diesel fuels CAS:68334-30-5 99%TO 100% Naphthalene /0`; TO 0.5%] CAS:91-20-3 0% TO 0.5% - •1-Methylethylbenzene [0% TO 0.5%j CAS:98-82-8 0% TO 0.5% The product may contain several additives at <0.1% v/v each. Dyes and markers can be used to indicate tax status and prevent fraud. Section 4: First-Aid Measures Description of first aid measures Inhalation • Move victim to fresh air. Administer oxygen if breathing is difficult. Give artificial respiration if victim is not breathing. Do not use mouth-to-mouth method if victim inhaled the substance; give artificial respiration with the aid of a pocket mask equipped with a one-way valve or other proper respiratory medical device. If signs/symptoms continue, get medical attention. Skin • In case of contact with substance, immediately flush skin with running water for at least 20 minutes. Remove contaminated clothing and shoes. Wash skin with soap and water. If irritation develops and persists, get medical attention. Eye • In case of contact with substance, immediately flush eyes with running water for at least 20 minutes. If eye irritation persists: Get medical advice/attention. Ingestion • Do not use mouth-to-mouth method if victim ingested the substance. Do NOT induce vomiting. Obtain medical attention immediately if ingested. If vomiting occurs spontaneously, keep head below hips to prevent aspiration. If any of the following delayed signs and symptoms appear within the next 6 hours, transport to the nearest medical facility: fever greater than 101° F (38.3°C), shortness of breath, chest congestion or continued coughing or wheezing. Most important symptoms and effects, both acute and delayed • Refer to Section 11 -Toxicological Information. Indication of any Immediate medical attention and special treatment needed Notes to Physician • All treatments should be based on observed signs and symptoms of distress in the patient. Consideration should be given to the possibility that overexposure to materials other than this product may have occurred. Section 5: Fire-Fighting Measures Extinguishing media Suitable Extinguishing Media • LARGE FIRES: Water spray, fog or alcohol-resistant foam. SMALL FIRES: Dry chemical, CO2, water spray or alcohol-resistant foam. Unsuitable Extinguishing • Do not use direct water jets on the burning product as they could cause a steam Media explosion and spread of the fire. Special hazards arising from the substance or mixture Unusual Fire and Explosion • HIGHLY FLAMMABLE: Will be easily ignited by heat, sparks or flames. Hazards Containers may explode when heated. Many liquids are lighter than water. Vapors may form explosive mixtures with air. Most vapors are heavier than air. They will spread along ground and collect in low or Preparation Date: 16/December/2016 Format:GHS Language:Engtish(US) Revision Date 16/January/2017 Page 3 0(11 OSHA HCS 2012 Generic ULS#2 Diesel Fuel,Dyed confined areas (sewers, basements, tanks). Vapors may travel to source of ignition and flash back. Vapor explosion hazard indoors, outdoors or in sewers. Runoff to sewer may create fire or explosion hazard. Hazardous Combustion • Hazardous combustion products may include: A complex mixture of airborne solid and Products liquid particulates and gases (smoke). Oxides of sulphur. Unidentified organic and inorganic compounds. Carbon monoxide may be evolved if incomplete combustion occurs. Advice for firefighters • Structural firefighters' protective clothing will only provide limited protection. Wear positive pressure self-contained breathing apparatus (SCBA). Move containers from fire area If you can do it without risk. LARGE FIRES: Cool containers with flooding quantities of water until well after fire is out. If the fire cannot be extinguished the only course of action is to evacuate Immediately. Section 6 -Accidental Release Measures Personal precautions, protective equipment and emergency procedures Personal Precautions . Ventilate the area before entry. CAUTION: Victim may be a source of contamination. Do not walk through spilled material. Use appropriate Personal Protective Equipment (PPE) Do not touch damaged containers or spilled material unless wearing appropriate protective clothing. Emergency Procedures • As an immediate precautionary measure, isolate spill or leak area for at least 50 meters (150 feet) in all directions. LARGE SPILL: Consider initial downwind evacuation for at least 300 meters (1000 feet) ELIMINATE all ignition sources (no smoking, flares, sparks or flames in immediate area). Take precautionary measures against static discharge. Keep unauthorized personnel away. Stay upwind. Keep out of low areas. Monitor area with combustible gas meter. Do not operate electrical equipment. Environmental precautions • Prevent entry into waterways, sewers, basements or confined areas. Methods and material for containment and cleaning up Containment/Clean-up • Stop leak if you can do it without risk. Measures For small liquid spills(< 1 drum), transfer by mechanical means to a labeled, sealable container for product recovery or safe disposal. For large liquid spills (> 1 drum), transfer by mechanical means such as vacuum truck to a salvage tank for recovery or safe disposal. Dike far ahead of spill for later disposal. Allow residues to evaporate or soak up with an appropriate absorbent material and dispose of safely Remove contaminated soil and dispose of safely. A vapor suppressing foam may be used to reduce vapors. All equipment used when handling the product must be grounded. LARGE SPILLS: Water spray may reduce vapor; but may not prevent ignition in closed spaces. Do not flush away residues with water. Retain as contaminated waste. Section 7 - Handling and Storage Precautions for safe handling Handling • Keep away from heat, sparks, and flame. Do not use sparking tools. Take precautionary measures against static charges. All equipment used when handling the product must be grounded. Do NOT use compressed air for filling, discharging, or handling operations. The vapour is heavier than air, spreads along the ground and distant ignition is possible. Never siphon by mouth. Wear appropriate personal protective equipment, avoid direct contact. Do not breathe mist, vapours and/or spray. Avoid contact with skin, eyes, and clothing. Do not ingest. Wash thoroughly with soap and water after handling and before eating, drinking, or using tobacco. Air-dry Preparation Dale: 16/December/2016 Format GHS Language:English(US) Revision Date: 161January12017 Page 4 of 11 OSHA HCS 2012 Generic ULS#2 Diesel Fuel,Dyed contaminated clothing in a well-ventilated area before laundering. Contaminated leather articles including shoes cannot be decontaminated and should be destroyed to prevent reuse. Properly dispose of any contaminated rags or cleaning materials in order to prevent fires. Do not cut, drill, grind, weld or perform similar operations on or near containers. Containers, even those that have been emptied, can contain explosive vapours.Wait 2 minutes after tank filling (for tanks such as those on road tanker vehicles) before opening hatches or manholes.Wait 30 minutes after tank filling (for large storage tanks) before opening hatches or manholes. Even with proper grounding and bonding, this material can still accumulate an electrostatic charge. If sufficient charge Is allowed to accumulate, electrostatic discharge and ignition of flammable air vapour mixtures can occur. Be aware of handling operations that may give rise to additional hazards that result from the accumulation of static charges. These include but are not limited to pumping (especially turbulent flow), mixing, filtering, splash filling, cleaning and filling of tanks and containers, sampling, switch loading, gauging, vacuum truck operations, and mechanical movements. These activities may lead to static discharge e.g. spark formation. Restrict line velocity during pumping in order to avoid generation of electrostatic discharge (5 1 m/s until fill pipe submerged to twice its diameter, then 5 7 m/s).Avoid splash filling. Do NOT use compressed air for filling, discharging, or handling operations. Contamination resulting from product transfer may give rise to light hydrocarbon vapour in the headspace of tanks that have previously contained gasoline. This vapour may explode if there is a source of ignition. Partly filled containers present a greater hazard than those that are full, therefore handling, transfer and sampling activities need special care. Conditions for safe storage, including any incompatibilities Storage • Take suitable precautions when opening sealed containers, as pressure can build up during storage. Drums should be stacked to a maximum of 3 high. Packaged product must be kept tightly closed and stored In a diked (bunded) well-ventilated area, away from, ignition sources and other sources of heat. Tanks must be specifically designed for use with this product. Bulk storage tanks should be diked (bunded). Locate tanks away from heat and other sources of ignition. Cleaning, inspection and maintenance of storage tanks is a specialist operation, which requires the implementation of strict procedures and precautions. Keep in a cool place. The vapours in the head space of the storage vessel may lie in the flammable/explosive range and hence may be flammable. Section 8 -Exposure Controls/Personal Protection Control parameters Exposure Limits/Guidelines Result ACGIH NIOSH OSHA Naphthalene TWAs 10 ppm TWA 10 ppm TWA;50 mg/m3 TWA 10 ppm TWA;50 mg/m3 TWA (91-20-3) STELs Not established 15 ppm STEL;75 mg/m3 STEL Not established 1- Methylethylbenzene TWAs 50 ppm TWA 50 ppm TWA;245 mg/m3 TWA 50 ppm TWA;245 mg/m3 TWA (98-82-8) Diesel fuels 100 mg/m3 TWA(inhalable fraction TWAs (68334-30-5) and vapor,as total hydrocarbons) Not established Not established Exposure controls Engineering • Good general ventilation should be used. Ventilation rates should be matched to Measures/Controls conditions. If applicable, use process enclosures, local exhaust ventilation, or other engineering controls to maintain airborne levels below recommended exposure limits. If exposure limits have not been established, maintain airborne levels to an acceptable level. Use explosion-proof electricaUventilating/fighting/equipment. Personal Protective Equipment Respiratory . In case of insufficient ventilation,wear suitable respiratory equipment. Where air- filtering respirators are suitable, select an appropriate combination of mask and filter. Preparation Date: 16/December/2016 Format:GHS Language:English(US) Revision Date: 16/January/2017 OSHA HCS 2012 Page 5 of 11 Generic ULS#2 Diesel Fuel,Dyed Where air-filtering respirators are unsuitable (e.g. airborne concentrations are high, risk of oxygen deficiency, confined space)use appropriate positive pressure breathing apparatus. Select a filter suitable for the combination of organic gases and vapours [Type A/Type P boiling point >65°C (149°F)]. Eye/Face • Wear safety goggles. Skin/Body . Where hand contact with the product may occur the use of gloves approved to relevant standards (e.g. Europe: EN374, US: F739) made from the following materials may provide suitable chemical protection. When prolonged or frequent repeated contact occurs. Nitrile rubber. For incidental contact/splash protection Neoprene, PVC gloves may be suitable. For continuous contact we recommend gloves with breakthrough time of more than 240 minutes with preference for> 480 minutes where suitable gloves can be identified. For short-term/splash protection we recommend the same, but recognize that suitable gloves offering this level of protection may not be available and in this case a lower breakthrough time maybe acceptable so long as appropriate maintenance and replacement regimes are followed. Glove thickness is not a good predictor of glove resistance to a chemical as it is dependent on the exact composition of the glove material. Suitability and durability of a glove is dependent on usage, e.g. frequency and duration of contact, chemical resistance of glove material, dexterity. Always seek advice from glove suppliers. Contaminated gloves should be replaced. Environmental Exposure • Controls should be engineered to prevent release to the environment, including Controls procedures to prevent spills, atmospheric release and release to waterways. Follow best practice for site management and disposal of waste. Key to abbreviations ACGIH=American Conference of Governmental Industrial Hygiene STEL=Short Term Exposure Limits are based on 15-minute exposures NIOSH=National Institute of Occupational Safety and Health TWA =Time-Weighted Averages are based on 8h/day,40h/week exposures OSHA =Occupational Safety and Health Administration Section 9 -Physical and Chemical Properties Information on Physical and Chemical Properties Material Description Physical Form Liquid Appearance/Description Pale,reddish brown liquid with a typical hydrocarbon odor. Color Pale,reddish-brown. Odor Hydrocarbon Odor Threshold No data available General Properties Boiling Point 170 to 390°C(338 to 734°F) Melting Point/Freezing Point No data available Decomposition Temperature No data available pH No data available Specific Gravity/Relative Density 0.82 to 0.86 Water=1 Water Solubility Negligible<0.1 % Viscosity 2 to 4.5 Centistoke(cSt,CS)or mm2/sec @ 40°C(104°F) Volatility _ Vapor Pressure <=0.4 kPa @ 38"C(100.4°F) Vapor Density No data available Evaporation Rate No data available _ Flammability Flash Point 55 to 75 °C(131 to 167°F) UEL 6 LEL 1 % Autoignition No data available Flammability(solid,gas) No data available _ Environmental Octanol/Water Partition coefficient INo data available I 1 Other Information Preparation Date. 16(December/2016 Format:GHS Language:English(US) Revision Date 16/Januaryf2017 Page 6 of 11 OSHA HCS 2012 Genenc ULS#2 Diesel Fuel,Dyed • Low conductivity: < 100 pS/m. The conductivity of this material makes it a static accumulator. A liquid is typically considered nonconductive if its conductivity is below 100 pS/m and is considered semi-conductive if Its conductivity is below 10 000 pS/m. Whether a liquid is nonconductive or semiconductive, the precautions are the same. A number of factors, for example liquid temperature, presence of contaminants, and antistatic additives can greatly influence the conductivity of a liquid. Section 10: Stability and Reactivity Reactivity • No dangerous reaction known under conditions of normal use. Chemical stability • Stable under normal temperatures and pressures. Possibility of hazardous reactions • Hazardous polymerization will not occur. Conditions to avoid • Avoid heat, sparks, open flames and other ignition sources. In certain circumstances product can ignite due to static electricity. Incompatible materials • Strong oxidising agents. Hazardous decomposition products • Hazardous decomposition products are not expected to form during normal storage. Thermal decomposition is highly dependent on conditions. A complex mixture of airborne solids, liquids and gases including carbon monoxide, carbon dioxide, sulphur oxides and unidentified organic compounds will be evolved when this material undergoes combustion or thermal or oxidative degradation. Section 11 -Toxicological Information Information on toxicological effects Other Material Information • Basis for assessment: Information given is based on product data, a knowledge of the components and the toxicology of similar products. Unless indicated otherwise, the data presented is representative of the product as a whole, rather than for individual component(s). Components Acute Toxicity: Ingestion/Oral-Rat LD50•7500 mg/kg; Irritation: Skin-Rabbit•500 pL 24 Hour(s)•Severe Irritation; Diesel fuels(99%TO 68334- Multi-dose Toxicity: Inhalation-Rat TCLo•2 g/m'6 Hour(s)3 Week(s)-Intermittent;Lungs, Thorax,or 100%) 30-5 Respiration:Fibrosis,focal(pneumoconiosis);Lungs, Thorax,or Resplraflon:Other changes; Blood:Changes in erythrocyte(RBC)count;Skin-Rat TDLo•14 g/kg 14 Day(s)-Intermittent; Blood:Normocytic anemia;Blood:Leukopenia;Nutritional and Gross Metabolic:Gross Metabolite Changes:Weight loss or decreased weight gain Acute Toxicity: ingestion/Oral-Rat LD50.1400 mg/kg; Gastrointestinat.Gastritis;Inhalation-Rat LC50.39000 mg/m'4 Hour(s);Inhalation-Human TCLo•200 ppm;Behavioral:Somnolence(general depressed activity); Behavioral:Antipsychotic;Behavioral:lrritablllty;inhalation-Mouse TCLo•5150 mg/m'2 Hour(s); Behavlora/:General anesthetic;inhalation-Rat TCLo•300 ppm 30 Minute(s);Lungs, Thorax, or Respiration:Respiratory depression;Skin-Rabbit LD50. 12300 pL/kg; 1 Methylethylbenzene 98-82- Irritation: Eye-Rabbit•500 mg 24 Hour(s)•Mild irritation;Skin-Rabbit•100 mg 24 Hour(s)•Moderate irritation; (0%TO 0.5%) 8 Multi-dose Toxicity: Inhalation-Mouse TCLo•2000 mg/m'14 Week(s)-Continuous; Behaviora/:Somnolence (general depressed activity);Inhalation-Rabbit TCLo• 10000 mg/m'2 Hour(s)24 Week(s)-Intermittent;Lungs, Thorax,or Respiration:Acute pulmonary edema;Blood:Hemorrhage;B/ood:Changes in leucocyte(WBC) count;Inhalation-Rat TCLo• 1200 ppm 6 Hour(s)13 Week(s)-Intermittent Sense Organs and Special Preparation Dale: 16/December/2016 Format GHS Language:English(US) Revtslon Date: 15/January/2017 Page 7 of 11 OSHA HCS 2012 Generic ULS i+2 Diesel Fuel,Dyed Senses:Eye:Other;Behavioral:Changes in motor activity(specific assay);Blood:Pigmented or nucleated red blood cells; Mutagen: Mutation In microorganisms•Unreported Route-Salmonella typhimurium•100 pg/plate 3 Hour(s)(-S9) Acute Toxicity: Ingestion/Oral-Rat LD50.490 mg/kg;Ingestion/Oral-Mouse TDLo•158 mg/kg;Brain and Coverings:Other degenerative changes;Liver.Other changes;Biochemical:Metabolism (intermediary):Upids, Including transport;Inhalation-Human TCLo•250 mg/m';Sense Organs and Special Senses:Eye:Lacrimatlon;Behavioral:Headache;Skin-Rabbit LD50->20 g/kg;Unreported-Guinea Plg LD50• 1200 mg/kg;Behavioral:Somnolence(general depressed activity); Irritation: Skin-Rabbit•0.05 mL 24 Hour(s)•Severe irritation; Multi-dose Toxicity: Ingestion/Oral-Rat TOLo•4500 mg/kg 10 Day(s)-Intermittent; Brain and Coverings:Other degenerative changes;Ingestion/Oral-Rat TDLo•500 mg/kg 10 Day(s)-Intermittent;Behavioral:Sleep;Lungs, Thorax, or Respiration:Dyspnea; Naphthalene(0%TO 91-20- Mutagen: Specific locus test•Inhalation-Rat•30 ppm 13 Week(s)-Intermittent;Micronucleus test•Unreported 0.5%) 3 Route-Human•Lymphocyte(Somatic cell)•30 mg/L; Reproductive: Ingestion/Oral-Mouse TDLo•2400 mg/kg(7-14D preg);Reproductive Effects:Effects on Newbom:Live birth index;Reproductive Effects:Effects on Newbom:Viability index(e.g.,#alive at day 4 per#born alive);Ingestion/Oral-Rat TDLo•4500 mg/kg(6-15D preg);Reproductive Effects:Effects on Embryo or Fetus:Fetotoxicity(except death,e.g.,stunted fetus);Reproductive Effects:Specific Developmental Abnormalitles:Other developmental abnormalities; Tumorigen 1 Carcinogen: Inhalation-Mouse TCLo•30 ppm 6 Hour(s)2 Year(s)-Intermittent; Tumorlgenic:Neoptastic by RTECS criteria;Lungs, Thorax, or Respiration:Tumors;Inhalation-Rat TCLo•60 ppm 6 Hour(s)105 Week(s)-Intermittent; Tumorigenic:Carcinogenic by RTECS criteria;Sense Organs and Special Senses:Olfactlon:Tumors;Inhalation-Rat TCLo•1575 mg/kg 105 Week(s)-Intermittent Tumorigenic:Carcinogenic by RTECS criteria;Sense Organs and Special Senses:Olfaction:Tumors GHS Properties Classification Acute toxicity OSHA HCS 2012.Acute Toxicity-Inhalation 4 Skin corrosion/irritation OSHA HCS 2012•Skin Imitation 2 Serious eye damage/irritation OSHA HCS 2012.Classification criteria not met • Skin sensitization OSHA HCS 2012•Classification criteria not met Respiratory sensitization OSHA HCS 2012•Classification criteria not met Aspiration Hazard OSHA HCS 2012.Aspiration 1 Carcinogenicity OSHA HCS 2012.Carcinogenicity 2 Germ Cell Mutagenicity OSHA HCS 2012•Classification criteria not met Toxicity for Reproduction OSHA HCS 2012.Classification criteria not met STOTSE OSHA HCS 2012.Classification criteria not met STOT-RE OSHA HCS 2012•Specific Target Organ Toxicity Repeated Exposure 2 Potential Health Effects Inhalation Acute (Immediate) • Harmful if inhaled. Chronic (Delayed) • No data available Skin Acute (Immediate) • Causes skin irritation. Chronic (Delayed) • No data available Eye Acute (Immediate) . Expected to be slightly irritating. Chronic (Delayed) . No data available Ingestion Preparation Date: 161December2D16 Format:GHS Language:English(US) Revision Date: 16/January/2017 OSHA HCS 2012 Page 8 of 11 Generic ULS N2 Diesel Fuel,Dyed Acute (Immediate) • Material may be aspirated into lungs during ingestion and/or subsequent vomiting. Aspiration of this material will cause severe lung injury, chemical pneumonitis, pulmonary edema or death. Chronic (Delayed) • No data available Other Chronic (Delayed) • Causes damage to Blood, Liver, Thymus through prolonged or repeated exposure. Carcinogenic Effects • Repeated and prolonged exposure may cause cancer. Carcinogenic Effects CAS IARC NTP 1-Methylethylbenzene 98-82-8 Group 2B-Possible Carcinogen Reasonably Anticipated to be Human Carcinogen Naphthalene 91-20-3 Group 2B-Possible Carcinogen Reasonably Anticipated to be Human Carcinogen Diesel fuels 68334-30-5 Group 29-Possible Carcinogen Not Listed Diesel fuels as Exhaust, NDA Group 1-Carcinogenic Reasonably Anticipated to be Human Carcinogen diesel Key to abbreviations LC=Lethal Concentration LD=Lethal Dose TC=Toxic Concentration TD=Toxic Dose Section 12 - Ecological Information Toxicity • Expected to be toxic to fish. Expected to be toxic to daphnia and other aquatic invertebrates. Expected to be toxic to algae. Persistence and degradability • Readily biodegradable. Bioaccumulative potential • Contains constituents with the potential to bioaccumulate. Mobility in Soil • Partly evaporates from water or soil surfaces, but a significant proportion will remain after one day. If product enters soil, one or more constituents will be mobile and may contaminate groundwater. Floats on water. Large volumes may penetrate soil and could contaminate groundwater. Other adverse effects • Information given is based on a knowledge of the components and the ecotoxicology of similar products.Unless indicated otherwise, the data presented is representative of the product as a whole, rather than for individual component(s). Fuels are typically made from blending several refinery streams. Ecotoxicological studies have been carried out on a variety of hydrocarbon blends and streams but not those containing additives. Section 13 - Disposal Considerations Waste treatment methods Product waste . Dispose of content and/or container in accordance with local, regional, national, and/or international regulations. Preparation Dale: 16/December/2016 Format GHS Language:Eng5sh(US) Revision Dale: 16/January/2017 Page 9 of 11 OSHA HCS 2012 Generic ULS#2 Diesel Fuel,Dyed Packaging waste • Dispose of content and/or container in accordance with local, regional, national, and/or international regulations. Section 14-Transport Information UN UN proper shipping Transport hazard class Packing Environmental number name (es) group hazards DOT NA1993 Diesel fuel 3 Ill None TDG UN1202 Diesel fuel 3 III NDA IMO/IMDG UN1202 Diesel fuel 3 I:I Marine Pollutant IATA/ICAO UN1202 Diesel fuel 3 lil NDA Special precautions for user . None specified. Transport in bulk according • No data available to Annex II of MARPOL 73178 and the IBC Code Section 15 - Regulatory Information Safety, health and environmental regulations/legislation specific for the substance or mixture SARA Hazard Classifications • Fire, Acute, Chronic State Right To Know Component CAS NJ PA 1- 98-82-8 Yes Yes Methylethylbenzene Diesel fuels 68334-30-5 No Yes Naphthalene 91-20-3 Yes Yes Inventory Component CAS TSCA 1- 98-82-8 Yes Methylethylbenzene Diesel fuels 68334-30-5 Yes Naphthalene 91-20-3 Yes United States Labor — U.S.-OSHA-Process Safety Management-Highly Hazardous Chemicals • Diesel fuels 68334-30-5 Not Listed • Naphthalene 91-20-3 Not Listed • 1-Methylethylbenzene 98-82-8 Not Listed Environment — -- — U.S.-CAA(Clean Air Act)-1990 Hazardous Air Pollutants • Diesel fuels 68334-30-5 Not Listed • Naphthalene 91-20-3 • 1-Methylethylbenzene 98-82-8 U.S.-CERCLA/SARA-Hazardous Substances and their Reportable Quantities Preparation Date: 16/December/2016 Formal:GHS Language:English(US) Revision Date: 16/January/2017 Page 10 0(11 OSHA HCS 2012 Generic ULS#2 Diesel Fuel.Dyed • Diesel fuels 68334-30-5 Not Listed 100 lb final RQ;45.4 kg final I • Naphthalene 91-20-3 RQ • 1-Methylethylbenzene 98-82-8 5000 0 0 lb final RQ;2270 kg final RQ U.S.-CERCLA/SARA-Section 302 Extremely Hazardous Substances EPCRA RQs • Diesel fuels 68334-30-5 Not Listed • Naphthalene 91-20-3 Not Listed • 1-Methylethylbenzene 98-82-8 Not Listed U.S.-CERCLA/SARA-Section 302 Extremely Hazardous Substances TPQs • Diesel fuels 68334-30-5 Not Listed • Naphthalene 91-20-3 Not Listed • 1-Methylethylbenzene 98-82-8 Not Listed U.S.-CERCLA/SARA-Section 313-Emission Reporting • Diesel fuels 68334-30-5 Not Listed • Naphthalene 91-20-3 0.1 %de minimis concentration • 1-Methylethylbenzene 98-82-8 1.0%de minimis concentration U.S.-CERCLA/SARA-Section 313-PBT Chemical Listing • Diesel fuels 68334-30-5 Not Listed • Naphthalene 91-20-3 Not Listed • 1-Methylethylbenzene 98-82-8 Not Listed Other Information • California Prop 65-WARNING: This product contains a chemical known to the State of California to cause cancer, birth defects or other reproductive harm. Section 16 -Other Information Revision Date • 16/January/2017 Last Revision Date • 16/December/2016 Preparation Date • 16/December/2016 Other Information • Codes: 400007105;400007304; 400007306; 400007422;400007593 Disclaimer/Statement of • This information is based on our current knowledge and is intended to describe the Liability product for the purposes of health, safety and environmental requirements only. It should not therefore be construed as guaranteeing any specific property of the product. Preparation Dale: 16/December12016 Format GHS Language:English(US) Revision Date 16/January12017 of t t OSHA HCS 2012 Page 11