HomeMy WebLinkAboutPR 20751: OFF ROAD DIESEL FUEL Cit'
t) rthur
Teras
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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"
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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.
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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
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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
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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
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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.
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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
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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
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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
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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.
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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