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HomeMy WebLinkAboutPR 23068: AMENDING RES 23-196 PURCHASE OF DYED DIESEL FUEL City of ort rtku � Texas www.Po rtA rt h u rTx.gov Date: August 4, 2023 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Clifton Williams, Purchasing Manager RE: P.R. 23068 —Amending Resolution 23-196 Introduction: This agenda item requests City Council's authorization to amend Resolution 23-196. Purchasing recommends awarding the purchase of dyed diesel fuel from Sun Coast Resources, Inc. of Houston,Texas and Tri-Con Inc, of Beaumont, Texas in the amount$900,000. Background: City Council awarded Sun Coast Resources, Inc the contract for dyed diesel fuel with Resolution 23-196. Sun Coast bid was only for deliveries of 3,500 gallons or more. The City would like to award Sun Coast Resources, Inc. the contract for 3,500 gallons or more. Tri-Con, Inc was the next lowest bidder. The City would like to award Tri-Con the contract for deliveries less than 3,500 gallons of dyed diesel fuel. Budget Impact: Funds are available in 001-21-055-5230-00-70-000 (Drainage), 403-50-320-5230-00-00-000 (Landfill), 450-60-410-5230-00-00-000 (Pleasure Island), 410-40-210-5230-00-00-000, 410- 40-215-5230-00-00-000, 410-40-220-523-00-00-000, 410-40-225-5230-00-00-000 (Utility Services) Recommendation: It is recommended that City Council approves PR 23069 authorizing the to amendment Resolution 23-196.Purchasing recommends awarding the purchase of dyed diesel fuel from Sun Coast Resources, Inc. of Houston, Texas and Tri-Con Inc, of Beaumont, Texas in the amount $900,000 "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 P.R.No.23068 08/18/2023 CEWJ Page 1 of 3 RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NUMBER 23-196 AWARDING THE DYED DIESEL FUEL TO SUNCOAST RESOURCES, INC. OF HOUSTON, TEXAS AND TRI-CON, INC. OF BEAUMONT TEXAS IN THE AMOUNT $900,000. FUNDING IS AVAILABLE IN 001-21- 055-5230-00-70-000 (DRAINAGE), 403-50-320-5230-00-00- 000 (LANDFILL), 450-60-410-5230-00-00-000 (PLEASURE ISLAND), 410-40-210-5230-00-00-000, 410-40-215-5230-00- 00-000, 410-40-220-523-00-00-000, 410-40-225-5230-00-00- 000 (UTILITY SERVICES) WHEREAS, the City Council approved Resolution 23-196 which awarded the purchase of dyed diesel fuel from Sun Coast Resources, Inc. of Houston, Texas; and, WHEREAS, Sun Coast Resources, Inc. bid was for deliveries of 3,500 gallons or more; and, WHEREAS, consistent with the bid documents, the City would like to amend the Resolution to award a contract to Sun Coast Resources, Inc to make deliveries of 3,500 gallons of dyed diesel fuel or more;and award a contract to Tri-Con Inc.to make deliveries of less than 3,500 gallons of dyed diesel fuel. 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 of the City of Port Arthur is hereby authorized and directed to execute a contract with Sun Coast Resources, Inc. of Houston, Texas, for deliveries of 3,500 gallons of dyed diesel fuel or more (Exhibit B) and Tri-Con, Inc., of Beaumont, Texas for deliveries of less than 3,500 gallons of dyed diesel fuel (Exhibit C) in the amount of$900,000 as shown in the bid(Exhibit A and as shown in the individual contract); and, THAT, a copy of the caption of this Resolution be spread upon the minutes of the City Council. P.R.No.23068 08/18/2023 CEWJ Page 2 of 3 READ,ADOPTED,AND APPROVED THIS day of August,2023,at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor ; Councilmembers: NOES: Thurman Bill Bartle Mayor ATTEST: Sherri Bellard, TRMC City Secretary APPROVED AS TO FORM: /011. Valecia Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, CPM City Manager P.R.No.23068 08/18/2023 CEWJ Page 3 of 3 APPROVED AS TO AVAILABILITY OF FUNDS: Sq0L/\.Ly0 Kandy Daniel Director of Finance Clifton Williams, CPPB Purchasing Manager EXHIBIT "A" : 41 :7:: 9- / / ƒ= \e 0 n A , � / k / / / E \ 0.� E , I i / . ' 7. I e \ ƒ C> -. \ o A . to A o k - / c n c4. k th th \ c a § / -yc 9 O � i e) v R o inn / © . O 7 CAI etA 1 d d At = W till CD Cr o g A / g ƒ ›' / 2 et 0 0.1 ra er CC / / f / . n ¢ \ *H et / / , / q _ X 2 k CaCA eD o PCI w m © ■ / et 2. 2 2 w A @ 2 2 x / n I EXHIBIT " B " CONTRACT FOR DYED DIESEL FUEL FOR PUBLIC WORKS, PLEASURE ISLAND, AND UTILITY OPERATIONS THIS AGREEMENT,made this day of , 2023, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or"CITY" and Sun Coast Resources, Inc. hereinafter called "CONTRACTOR." 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 one (1) year from start date on Notice to Proceed, ith an option to renew the contract for two additional one(1)year periods,provided the contractor agrees to each renewal period in writing. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle with thirty(30)days written notice. 2. The Contractor will perform work as stated in the Contract Documents. 3. During the term of this Contract,the Contractor will furnish at his own expense all of the materials, supplies,tools, equipment,labor and other services necessary to connection therewith,excepting those supplies specifically not required of Contractor in the Specifications. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents for$0.0498 above OPIS for deliveries of 3,500 gallons or more. 5. The term "Contract Documents" means and includes the following: a) Agreement b) General Information c) Specifications d) Bid e) Notice of Award f) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators,successors and assigns. 7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials,this Agreement in(2 copies) each of which shall be deemed an original on the date first above written. A- 1 Signed on the day of 2023 ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY CITY MANAGER Signed on the day of 2023 ATTEST CONTRACTOR BY CITY SECRETARY Sun Coast Resources, Inc. Houston, Texas Print Name: Title: A-2 THURMAN BILL BARTIE,MAYOR RONALD BURTON INGRID HOLMES,NIAYOR PRO TENT Ciry of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC CAL JOKES CITY SECRETARY W'THOMASKINLAill , urt rthur KENNETH MARKS AL TIZENO CHARLOTTE MOSES Texas CITY ATTORNEY DONALD FRANK,SR. MAY 24,2021 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, February 22, 2023. (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, February 22, 2023 in the City Council Chambers.City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P23-027 DELIVERY ADDRESS: Please submit one(1)original and one(I)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 writinA to: City of Port Arthur,TX Clifton Williams, Purchasing Manager P.O.Box 1089 Port Arthur,TX 77641 clifton.williams@portarthurtx.gov 1 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 9 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: Various Departments may call contractor out to fill up generators at various locations. Department Location Estimated Annual Osage 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 include all taxes and loading fees.The City is only sales tax exempt. 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 two additional one(1)year periods. Page 6 of 18 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Dyed Diesel Fuel BID DUE DATE: February 22, 2023 DESCRIPTION PRICE ABOVE OPIS DIFFERENCE Dyed Diesel Fuel $+0 0498 GA FLAT CHARGE FOR SPLIT DELIVERY TO MORE THAN ONE(I)LOCATION $75.00 Each Sun Coast Resources, Inc. 6405 Cavalcade St., Bldg. 1 COMPANY NAME STREET ADDRESS h" SIGNATURE OF BIDDER 'rL' P.O.BOX Steven Boyd Houston. TX 77026 PRINT OR TYPE NAME CITY STATE ZIP Sr. Managing Director 713-429-6702 TITLE AREA CODE TELEPHONE NO national@suncoastresources.com N/A EMAIL FAX NO. "Prices are based on 3.500 plus gallon delivery Pace 7 of 18 Sun Coast st RESOURCES, 1N1C. �/I �SOURCEELI TE Quality Fuels & Lubricants EXCEPTIONS CITY OF PORT ARTHUR P23-027 Purchase of Dyed Diesel Fuel Sun Coast Resources, Inc.'s ("SCRI"), bid and all signatures contained therein are subject to the following exceptions and SCRI's ability to negotiate any formal contract resulting from such bid. GENERAL 1. Subsequent Contract:Notwithstanding anything in the bid documents to the contrary,Bidder reserves the right to negotiate any additional or contrary terms or conditions that may be contained within a contract resulting from this bid. SPECIFIC 2. Page 5,Paragraph 2: Because there are different averages,and SCRI bases its pricing off of the Gross Daily OPIS Average, on the date the fuel is delivered, please edit the second paragraph on page 5 to read as follows: "Bidders must bid a price differential above or below the Gross Daily 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 Gross Daily Average price in affect on the date of delivery. The PADD 3 price in effect 3. Page 5,Paragraph 4: SCRI has an extensive emergency response department within its company which has been recognized nationally for its work with first responders during all the major storms over the past 10 plus years. SCRI also has a contract with the State of Texas to provide fuel to first responders during periods of peril. In the event there is a need for the Emergency Response Program,this would be subject to a separate contract. In the absence of such an agreement,any delivery would be made on a best-efforts basis, in as timely a fashion as reasonably possible. As such, please edit the fourth paragraph on page 5 to read as follows: "Generally orders for deliveries will be made by the Public Works Departments in quantities of 4,000 gallons or less. Vendor shall use reasonable best efforts to make Ddeliveries made within one (1)workday of the order to the locations listed below:" 6405 Cavalcade Street•Building I •Houston,Texas 77026.800-677-FUEL(3835)•713-844-9600 www.suncoastresources.com 1 of 3 4. Page 5, Penultimate Paragraph: For the same reasons stated in the previous exception and because SCRI's other contracts are confidential, please edit the penultimate paragraph on page 5 to read as follows: Notwithstanding anything to the contrary, Vendor shall only be required to use reasonable best efforts to meet any proposed or agreed delivery deadline, timeline,or schedule.Vendor shall provide an emergency plan to the City of Port Arthur for delivery, including average length of time after receipt of order that vendor shall can make delivery of fuel. 5. Page 5,Last Paragraph: Because diesel fuel is perishable,volatile,consumable,has a shelf life,and is of a nature that the City's proper storage, handling,and/or use shall determine its quality or ability to meet specifications following delivery, and the fact that SCRI has no control over the diesel after delivery, SCRI will only guarantee that the diesel will meet specifications at the time of delivery. As such,please edit the last paragraph on page 5 to read as follows: "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 the time of delivery for compliance with express specification eemp4ianee. The cost for such tests shall be paid by the seller in the event the product fails to comply with express specifications. 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- €our(24)-heuds a reasonable of notification. Aeeeptable-Complaint fuel shall promptly replace unaeeeptable-noncompliant fuel to-a given ation at no charge for the entire shipment.Violation of express specification requirements may give the City of Port Arthur cause to cancel the contract and will be a consideration of future awards.Notwithstanding anything to the contrary,should the City of Port Arthur fail to reject any fuels, at the time of delivery,for failure to comply with express specifications,then such fuels shall be deemed irrevocably accepted by the City of Port Arthur and further deemed to meet all applicable standards, specifications,and requirements." 6. Page 6. Last Paragraph: Because SCRI cannot agree to allow the City the unilateral right to renew, please edit the last paragraph on page 6 to read as follows: "The contract will be for 12 months and the city will have the option to renew the contract for two additional one (1) year periods, provided that Vendor agrees to each renewal period in writing." 7. Page 16, Last Paragraph - "Termination for Cause": Because SCRI will not agree to pay special, punitive, consequential, or incidental damages, or to allow the withholding of payment for work properly performed, please edit the last paragraph on page 16 (continuing onto page 17) to read as follows: 6405 Cavalcade Street•Building 1 •Houston,Texas 77026•800-677-FUEL(3835)•713-844-9600 www.suncoastresources.com 2 of 3 "TERMINATION FOR CAUSE: If,thret.a#-at -cause;the Contractor shall fail to fulfill hi-a-timely ate-pfeper-matnner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above,the Contractor shall not be liable for any special, punitive, consequential, or incidental damages hereunder,including without limitation,costs of cove a e 8. Page 17,Paragraph 4-"Care of Work": Because SCRI cannot agree to be liable for the negligence of the City or of third parties,please edit the fourth paragraph on page 17 to read as follows: "CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result to the extent caused by of his fault-er negligence or more culpable conduct in connection with the work performed until completion and final acceptance by the City." 9. Page 18,Proposed New Paragraph-"Force Majeure":Please insert the following language on page 18: "FORCE MAJEURE: Except for payment obligations, neither party shall be liable for any delay or inability to carry out any of its obligations hereunder when such delay or inability is due to a Force Majeure event.Force Majeure includes,but is not limited to,any acts of God;fires;hurricanes;floods; wars; terrorism; pandemics; strikes; labor disputes; lockouts; civil unrest; product allocation issues; labor shortages; supply shortages; or any other causes not reasonably within the control of the party claiming such delay or inability. Notwithstanding the forgoing, nothing herein shall be construed to require a party to settle or overcome labor disputes, lockouts,or strikes,except on terms satisfactory to the affected party in its sole discretion." 10. Page 18,Proposed New Paragraph-"Warranty": Please insert the following language on page 18: "WARRANTY: Notwithstanding anything to the contrary, Contractor only warrants that Fuels will substantially comply with expressly required standards and/or specifications at the time of delivery. Contractor hereby disclaims and the City of Port Arthur hereby waives any and all other warranties, express and implied,that may now or in the future apply to such products. 6405 Cavalcade Street•Building 1•Houston,Texas 77026•800-677-FUEL(3835)•713-844-9600 www.suncoastresources.com 3 of 3 mum Safety Data Sheet l\1 p T 1 VA Section 1: Identification Product identifier Product Name • Generic ULS #2 Diesel Fuel Synonyms • See Section 16 SDS Number/Grade • D0046GN Relevant identified uses of the substance or mixture and uses advised against Recommended use • Fuel for automotive 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 • Motiva Enterprises LLC PO BOX 4540 Houston, TX 77210-4540 United States www.Motiva.com Email: SDS@motiva.com Telephone (General) • 1-800-339-8714 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 4 Hazard statements • Flammable liquid and vapour May be fatal if swallowed and enters airways Causes skin irritation Harmful if inhaled Suspected of causing cancer. May cause damage to organs-Thymus, liver, and bone marrow through prolonged or Preparatior Date. 23/Apn42015 Fermat:OHS Language.EngNs''LS; Revision Date 13 Februaryt2013 OSHA HCS 2012 Page 1 '2 UPS*2 Diesel Fuel 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 appropriate media for extinction. 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. IF exposed or concerned: Get medical advice/attention. Get medical advice/attention if you feel unwell. 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 Fib instability 2 0 Hearn•Spacial Section 3 - Composition/Information on Ingredients Substances Preparation Date: 23/ApntI2015 Format:GHS Language:E,giist';US) Revision Date: 13iFebruaryi2018 OSHA-ICS 20+2 -a:e?of12 • Material does not meet the criteria of a substance. Mixtures Composition Chemical Name Identifiers Diesel fuels CAS:68334-30-5 99°k TO 100% Naphthalene CAS:91-20-3 1-Methylethylbenzene CAS:98-82-8 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 -a mrador Date 23;Apr 20 5 = 3 S Lar gi aye c g:, Revision Date: 131Februar��2018 OSHA HCS 2012 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. 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. All equipment used when handling the product must be grounded. May ignite on surfaces at temperatures above auto-ignition temperature. Do NOT use compressed air for filling, discharging, or handling operations. Vapor in the headspace of tanks and containers may ignite and •epararcr Date. 23/AprV2015 Format:GHS language Enghsh(US) Revision gate- '13/February,2013 Page t of 12 OSHA HCS 2012 I Gerenc ULS 10 Diesel r el explode at temperatures exceeding auto-ignition temperature, where vapor concentrations are within the flammability range. The vapour is heavier than air, spreads along the ground and distant ignition is possible. Never siphon by mouth. This product is intended for use in closed systems only. 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 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 (<_ 1 m/s until fill pipe submerged to twice its diameter, then <_ 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 mglm3 TWA (98-82-8) Diesel fuels TWAs 100 mg/m3 TWA(inhalable fraction Not established Not established (68334-30-5) and vapor,as total hydrocarbons) Exposure controls Engineering • Good general ventilation should be used. Ventilation rates should be matched to .;,.r aa_e 231ApTt20l5 ro at GUS Lang-age ,JSI Revision Date 13,February/2013 OSHA 4CS 2012 'age oaf12 tl Generic ULS if2 Diesel Fuel 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 electrical/ventilating/lighting/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. 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 Amber colored liquid with a typical hydrocarbon odor. Color Amber 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 16% eparata. Date 23rA012015 -5P-ar 3-3.arg.age Revision Date 13iFebruarr+2013 OSHA-!CS 2012 Generic ULS#2 Diesel^..,el LEL 1 % Autoignition I>220°C(>428°F) Flammability(solid,gas) INo data available Environmental OctanolWater Partition coefficient INo data available I I Other Information • 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 o 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, sulfur 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;Ingestion/Oral-Rat LD50•>5000 mg/kg:Inhalation-Rat LC50• 1-5 mg/L 4 Hour(s);Skin-Rabbit LD50•>2000 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/m3 6 Hour(s)3 Week(s)-Intermittent;Lungs, Thorax,or 100%) 30-5 Respiration:Fibrosis,focal(pneumoconiosis):Lungs, Thorax, or Respiration: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; Gastrointestinal:Gastritis:Inhalation-Rat LC50•39000 mg/m3 4 Hour(s);Inhalation-Human TCLo•200 ppm; Behavioral:Somnolence(general depressed activity); Date 21Apr62;15 Format G- _anguage:E^9dsr Rev'sen Cate 13iFebruary12018 OSHA RCS 2012 ,.age7 '2 Gerenc LLS 412 Diesel-uei Behavioral:Antipsychotic;Behavioral:lrritability: Inhalation-Mouse TCLo•5150 mg/m'2 Hour(s); Behavioral:General anesthetic; Inhalation-Rat TCLo•300 ppm 30 Minute(s); Lungs, Thorax,or Respiration:Respiratory depression;Skin-Rabbit LD50• 12300 NUkg; 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; Blood:Changes in leucocyte(WBC) count; Inhalation-Rat TCLo• 1200 ppm 6 Hour(s) 13 Week(s)-Intermittent; Sense Organs and Special 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):Lipids, including transport;Inhalation-Human TCLo•250 mg/m'; Sense Organs and Special Senses:Eye:Lacrimation;Behaviora/:Headache;Skin-Rabbit LD50•>20 g/kg;Unreported-Guinea Pig 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 TDLo•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 Newborn:Live birth index: Reproductive Effects:Effects on Newborn: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 Abnormalities:Other developmental abnormalities; Tumorigen/Carcinogen: Inhalation-Mouse TCLo•30 ppm 6 Hour(s)2 Year(s)-Intermittent; Tumorigenic:Neoplastic 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:Olfaction: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 Irritation 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 STOT-SE 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 Preparation Date: 23iAprit, Format GHS Language:Englisr;;US) Revision Date: 131February.20 i 3 3SHA HCS 2012 age g,f 12 3enerc ULS 42 Diesel Fuel Acute (Immediate) • Causes skin irritation. Chronic (Delayed) • No data available Eye Acute (Immediate) • Expected to be slightly irritating. Chronic (Delayed) • No data available Ingestion 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) • May cause damage to thymus, liver, and bone marrow 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 2B-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 Preparation Date 23,April,2015 =7•1-.ai i-;5 Language English(US) Revision Date: 13iFebruaryi2018 OSHA HCS 2012 Page 2 Generic ULS 42 Diesel Fuel 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. 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 III None TDG UN 1202 DIESEL FUEL 3 II NDA IMO/IMDG UN1202 DIESEL FUEL 3 II Marine Pollutant IATAIICAO UN1202 Diesel fuel 3 III NDA Special precautions for user • None specified. Transport in bulk according . No data available to Annex II of MARPOL 73/78 and the IBC Code Other information DOT • This product is an oil under 49CFR (DOT) Part 130. If shipped by rail or highway in a tank with a capacity of 3500 gallons or more. 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- Methylethylbenzene 98 82 8 Yes Yes Diesel fuels 68334-30-5 No Yes Naphthalene 91-20-3 Yes Yes Inventory Component CAS TSCA 1- Methylethylbenzene 98 82 $ Yes Diesel fuels 68334-30-5 Yes Naphthalene 91-20-3 Yes United States Labor U.S. -OSHA-Process Safety Management-Highly Hazardous Chemicals Dreparatrcn Date 23,Aprid2015 Format:GHS Language.English US) Revision Date. 11February/2013 OSHA NCS 2 C'2 • 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 • Diesel fuels 68334-30-5 Not Listed 100 lb final RQ;45.4 kg final • Naphthalene 91-20-3 RQ • 1-Methylethylbenzene 98-82-8 5000 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 - VVARNING: 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 • 13/February/2018 Last Revision Date • 20/January/2017 Preparation Date • 23/Apri1/2015 Other Information • Code(s): 400007102; 400007103; 400007119: 400007303; 400007305; 400007423; 400007591: 400007629; 400009572; 400009576 Lang;:age.Englisr;' S Generic U ULS,#2 Csesei r=uei Synonyms • GN PREM MV 2D(S-15 PPM) GN TXLED MV 2D (S-15 PPM) GN MV#2D (S-15 ppm) EXPORT ONLY GN MV 2D FUEL ECONOMY(S-15 PPM) GN MV 2D FUEL ECONOMY INTERAD(S-15PPM) GN MV 2D (S-15 PPM) GN MV 2D WINTERADD (S-15 PPM) GN GTL MV 2D (S-15PPM) EXC MV 2D (S-15 PPM) EXC TXLED MV 2D (S-15 PPM) 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. Key to abbreviations NDA=No Data Available • Preparation Date 23,AprV2015 Format:OHS Language English?US) Revision Date: 13iFebruaryi2018 OSHA HCS 2012 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS 5 By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Atiti'617L Printed Name: Steven Boyd Title: Sr.Managing Director Company: Sun Coast Resources, Inc. Date: 2/28/2023 SUBSCRIBED and sworn to before me the undersigned authority by Y- ' • the • . 'of, - -.' on behalf of said bidder. ' 1 Notary Public in and for the State of Texas BRIANA SANCHEZ Notary Public,State of Texas My commission expires: .•':= Comm.Expires 06-03-2026 '';;;;,,V Notary ID 133794731 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 undersigned offers and agrees to one of the following: x I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Sun Coast Resources, Inc. 2/28/2023 Firm Name Date 74j 4""-' Sr. Managing Director Authorized Signature Title Steven Boyd 713-429-6702 Name(please print) Telephone National@suncoastresources corn Email STATE: Texas COUNTY: Harris SUBSCRIBED AND SWORN to before me by the above named 21- on this the day of !er a : ,20 Z; aYo�% BRIANA SANCHEZ � • 1 Notary Public,State of Texas Comm.Expires 06-03-2026 Notary Publt .r -4 +,. �,,,,,,,,�• Notary ID 133794731 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 it accordance with Chapter 173.Local Govemmett Code,by a vendor who Data F.ac x ad has a business relationship as defined by Section 176001(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 that the 7th business day after the data the vendor becomes aware of facts that require the statement to be filed. See Seee,tivn 176.006(a-t).Local Government Code. A vendor commits an offense if the vendor knowirwly violates Section 176 006 Local Government Code An offense under this section is a misdemeanor Name of vendor who has a business relationship with local governmental entity ' Sun Coast Resources. Inc n Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you Mean updated ' t 1 completed questionnaire with the appropriate filing aulhonty not later than the 7th business day after the date on which ycu became aware that the orginally filed questionnaire was incomplete or nnaccerate.) 2-1 Name of local government officer about whom the information is being disclosed. N/A Name of office• ,J Describe each employment or other business relationship with the local government officer or a family member of the officer as described by Section 176.0O3(a)(2)(A). Also describe any family relationship with the local government officer Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income. other than investment income from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income.from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? I Yes No 8 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director. or holds an ownership interest of one percent or more Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176 003tat2)$i. excluding gifts described in Seddon 176.003(a-t t 2/28/2023 tura of vendor doing busines \vith the governmental entity Date 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.legis.state.tx.us! Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state.or local governmental entity: (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by.and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor: (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1):or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application.response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity:or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethicsstate.tx.us Revised 11.30'2015 Page 11 of 18 SB 252 CHAPTER 2252 CERTIFICATION I, Steven Boyd ,the undersigned and representative of Sun Coast Resources, Inc. (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 806.031, Section 807.051 or Section 2253.153. 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. Steven Boyd Name of Company Representative(Print) Sig ature of Company Ripresentative 2/28/2023 I Date Pace 12 of 18 House Bill 89 Verification Steven Boyd (Person name), the undersigned representative (hereafter referred to as "Representative") of Sun Coast Resources, Inc. (company or business name, hereafter referred to as "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 with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. URE OF2EP4.4 rSENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this .- ,'-day of , 20 r`1 BRIANA SANCHEZ ,' Notary Public State of Texas ,r a it Comm.Expires 08-03.2026 ''", , `d Notary ID 133794731 Notary Public Page 13 of 18 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING i Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2023-987760 Sun Coast Resources, Inc. Houston,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/24/2023 being filed. City of Port Arthur Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. P23-027 Dyed Diesel Fuel Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Lehne,Kathy Houston,TX United States X Smith. Lisa Houston.TX United States X Vetters,Lori Houston,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Steven Boyd . and my date of birth is 11/5/1947 My address is 6405 Cavalcade St., Bldg. 1 Houston , TX , 77026 , USA (street) (dty) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Harris County, State of Texas .on the 28th day of February ,20 23 (month) (year) �ure of authorized agentbusiress entity a9 contracting (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0 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 [TB 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 ClQ). 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 law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required,of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounting, 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 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City. and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B..City of Port Arthur, Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance,construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15)days before the effective date of such termination. Notwithstanding the above, the Contractor shall Page 16 of 18 not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30)days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense. purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less;or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000;and, b. Property Damage$100,000 per occurrence regardless of contract amount;and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less;or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence. for bodily injury and property damage. Page 17 of 18 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s)as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s)shall in any event be filed with the City of Port Arthur not more than ten (10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 18of18 T"0,'1+ CITY OF PORT ARTHUR,TEXAS �..-- ADDENDUM NO.ONE(1) nrt rthur February 20,2023 BID FOR: DYED DIESEL FUEL The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows: DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, March 1,2023. (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 1,2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. rL Gf�G��%cLrn.� Cliff Williams,CPPB Purchasing Manager Signature of Proposer Date CITY OF PORT ARTHUR,TEXAS tirart rtn ADDENDUM NO.ONE (1) 7.v February 20, 2023 BID FOR: DYED DIESEL FUEL The following clarifications, amendments, deletions, additions,revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows: DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday, March 1,2023. (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 1, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Gl.2u � Cliff Williams, CPPB Purchasing Manager �A ' a z/Z e/k z 3 gnature of Proposer Date EXHIBIT "C " CONTRACT FOR DYED DIESEL FUEL FOR PUBLIC WORKS, PLEASURE ISLAND, AND UTILITY OPERATIONS THIS AGREEMENT,made this day of , 2023, 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 Tri-Con, Inc.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 one (1) year from start date on Notice to Proceed, with an option to renew the contract for two additional one (1) year periods,provided the contractor agrees to each renewal period in writing. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle with thirty(30) days written notice. 2. The Contractor will perform work as stated in the Contract Documents. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment,labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents for$0.0498 above OPIS for deliveries of less than 3,500 gallons. 5. The term "Contract Documents" means and includes the following: a) Agreement b) General Information c) Specifications d) Bid e) Notice of Award f) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original on the date first above written. A- 1 Signed on the day of 2023 ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY CITY MANAGER Signed on the day of 2023 ATTEST CONTRACTOR BY CITY SECRETARY Sun Coast Resources, Inc. Houston, Texas Print Name: Title: A-2 THURMAN BILL BARTIE,MAYOR RONALD BCRTON INCRID HOLMES,MAYOR PRO TEM Cin,of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC CAI.JONES CITY SECRETARY THOMAS KINLAIV HI n r t r t n u r KENNETH MARKS +-�-� VAL TIZENO CHARLOTTE MOSE:S Ie.tus CITY MORN FA DONALD FRA\Is,SR. MAY 24,2021 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, February 22, 2023. (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, February 22, 2023 in the City Council Chambers,City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P23-027 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 writinj'to: City of Port Arthur,TX Clifton Williams, Purchasing Manager P.O.Box 1089 Port Arthur,TX 77641 c l ifton.wil liamsaportarthurtx.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 Pace 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? Doyou 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: Various Departments may call contractor out to fill up generators at various locations. 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 5of18 Fuel prices bid will include all taxes and loading fees.The City is only sales tax exempt. 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 two additional one(1)year periods. Pate 6 of 18 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Dyed Diesel Fuel BID DUE DATE: February 22, 2023 DESCRIPTION PRICE ABOVE OPIS DIFFERENCE Dyed Diesel Fuel $ .0525 FLAT CHARGE FOR SPLIT DELIVERY TO MORE THAN ONE(1)LOCATION $ $37.00 Tri-Con Inc. 7076 West Port Arthur road COMPANY NAME STREET ADDRESS _ 1 40-(71thm,0-11.e. P.O.Box 20555 SIttE OF BIDDER P.O.BOX Jody Spoonemore Beaumont Texas 77720 PRINT OR TYPE NAME CITY STATE ZIP Sales Representative 409 835-2237 TITLE AREA CODE TELEPHONE NO jodyspoonemore@triconinc.org 409 935-1925 EMAIL 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 development and submission of this bid proposal. Signature: W5t-Cad- P,o'o'n.trn.o'/z,e, Printed Name: Jody Spoonemore Title: Sales Representative Company: Tri-Con Inc. Date: 02-22-23 SUBSCRIBED and sworn to before me the undersigned authority by the of, on behalf of said bidder. Notary Public in and for the State of Texas My commission expires: 3\, \ o r..;0., PAULA COOPER Notary Public STATE OF TEXAS 1a+' ID#7118932 M Comm.Ex..Mar.18,2023 I 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 undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Tri-Con Inc. 02-22-23 Firm Name Date Ap-D"D"Il trrLO1LZ Sales Representative Authorized Signature Title b Jody Spoonemore 409-835-2237 Name (please print) Telephone jodyspoonemore@triconinc.org Email STATE: ctiS COUNTY: az vu\ SUBSCRIBED AND SWORN to before me by the above named 3t7A1 r c ne tv\.6T e. on this the day of Lk art... 20 . , Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL �.;=^;� PAULA COOPER Notary Public STATE OF TEXAS }� �+�� ID#7118932 44. , My Comm.Exp.Mar.18,2023 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. OFRCEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. N/A 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 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts Aand B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income. other than investment income. from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. flCheck this box if the vendor has given the local government officer or afamily member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). �Q I., , XJ C-C ttrnATIL . 02-22-23 Si.40 ature • vendor doing business with the governmental entity Date 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.legis.state.tx.us/ Docs/LG/htrn/LG.176.htm.For easy reference,below are some of the sections cited on this form: Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial,activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2XA)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)Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B)that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/3 002 0 1 5 Page 11 of 18 SB 252 CHAPTER 2252 CERTIFICATION Jody spoonemore ,the undersigned and representative of Tn-Con Inc. (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 2253.153. 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. Jody Spoonemore Name of Company Representative(Print) Signature of Company Representative 02-22-23 Date Page 12 of 18 House Bill 89 Verification I, Jody Spoonemore (Person name), the undersigned representative (hereafter referred to as "Representative") of Tri-Con Inc. Tri con inc. (company or business name, hereafter referred to as "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 with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 4/70-Wrizrat, SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this �"a day of -¢-\N•cs-'j , 20 k3. Notary Public I a PAULA COOPER `;� ' Notary Public /y* STATE OF TEXAS 're f�%+� ID#7118932 ',ft.. My Comm.Exp.Mar.18,2023 Page 13 of 18 ... __.�..e......�...._."__., .....,,.. _mv.-,.e._.zm.+.,.....v._meroe ...yr..u'.e.+'9>e' ..en.....: xs.u,M1xR.rT-.e......uun i,.. +A. '.:a' w.'-,.�AF. lr',k i.. ➢ 1 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 hale 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: I. 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 law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount,where required,of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounting, P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act. Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas,Jefferson County. Page 15 of 18 ._..n n.-.,._..._..,.,,.....,........—., .- .......-.. _....:,,..,w umuu,.�:�v»:mrarz,,WM,sx iaulAi trA h* ,a-# 0.51 COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B.,City of Port Arthur, Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance,construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15)days before the effective date of such termination. Notwithstanding the above, the Contractor shall Page 16 of 18 not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30)days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less;or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000;and, b. Property Damage$100,000 per occurrence regardless of contract amount;and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less;or,Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned. non-owned and hired vehicles coverage's). a. Minimum combined single limit ofS500,000 per occurrence. for bodily injury and property damage. Pate 17 of 18 b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury'and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified,Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s)as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s)shall in any event be filed with the City of Port Arthur not more than ten (10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OW NER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. Page 18of18 CITY OF PORT ARTHUR,TEXAS orr rtkn - ADDENDUM NO.ONE (1) rLL, February 20,2023 BID FOR: DYED DIESEL FUEL The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows: DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday,March 1,2023. (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 1, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Cliff Williams,CPPB Purchasing Manager Signature of Proposer Date CITY OF PORT ARTHUR,TEXAS Vi r!hu ADDENDUM NO.ONE(1) trire air February 20,2023 BID FOR: DYED DIESEL FUEL The following clarifications, amendments, deletions,additions,revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows: DEADLLNE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday,March 1, 2023. (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 1, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. eg- Cliff Williams, CPPB Purchasing Manager 2/ZCeAvz3j6 �ature of Proposer Date