400%
200%
100%
75%
50%
25%
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
PR 18073: CONTACTS FOR PETROLEUM, OIL, AND LUBRICANTS WITH APACHE OIL CO., RELADYNE-DERRICK OIL CO SPIDLE & SPIDLE, INC., ETC.
PUBLIC WORKS DEPARTMENT COUNCIL ACTION MEMO TO: Floyd T. Johnson, City Manager FROM: John A. Comeaux, P. E., Asst. City Manager /Operations DATE: December 4, 2013 SUBJECT: P.R. 18073 — Petroleum, Oil and Lubricants COMMENTS RECOMMENDATION: It is recommended that the City Council approved Proposed Resolution No. 18073 approving one year non - exclusive contracts, with the option to renew for two (2) additional one -year periods, with Apache Oil Co., RelaDyne- Derrick Oil Co., Spidle & Spidle, Inc., Sun Coast Resources, Inc., Tri -Con, Inc., and Universal Lubricants for petroleum, oil and lubricants for an amount not to exceed $100,000. BACKGROUND: These are annual contracts for petroleum, oil, and lubricants that will be used by the Equipment Services Division for maintenance of various City vehicles. We received bids from multiple vendors for a particular item where the purchase of that item will be based on the price first, then availability if necessary. These are non - exclusive contracts allowing for the purchase of materials from each vendor as described. The individual contracts show for which items each vendor will be primary or secondary. Seven (7) bids were received, with two Port Arthur vendors bidding. BUDGETARY/FISCAL EFFECT: Funding is available in various departmental accounts. EMPLOYEE /STAFF EFFECT: None. SUMMARY: It is recommended that the City Council approve Proposed Resolution No. 18073 approving non- exclusive contracts with Apache Oil Co., RelaDyne- Derrick Oil co., Spidle & Spidle, Inc., Sun Coast Resources, Inc., Tri -Con Inc., and Universal Lubricants for a total amount not to exceed $100,000. P.R. NO. 18073 11/21/13 aw RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF NON- EXCLUSIVE CONTRACTS FOR PETROLEUM, OIL, AND LUBRICANTS WITH APACHE OIL CO., RELADYNE - DERRICK OIL CO., SPIDLE & SPIDLE, INC., SUN COAST RESOURCES, INC., TRI- CON, INC., AND UNIVERSAL LUBRICANTS FOR AN AMOUNT NOT TO EXCEED $100,000.00; FUNDING AVAILABLE IN VARIOUS DEPARTMENTAL ACCOUNTS. WHEREAS, Purchasing advertised in the Port Arthur News for bids for the annual supplying of petroleum, oil, and lubricants; and, WHEREAS, seven (7) bids were received and opened on October 2, 2013 for the above referenced materials and have been evaluated by Public Works and Purchasing, with two Port Arthur vendors bidding (bid tabulation attached as Exhibit "A "); now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City, one year non - exclusive contracts, with the option to renew for two (2) additional one -year periods, between the City of Port and Apache Oil Co. (Exhibit "B "), RelaDyne- Derrick Oil Co. (Exhibit "C "), Spidle & Spidle, Inc. (Exhibit "D "), Sun Coast Resources, Inc. (Exhibit "E "), Tri -Con, Inc. (Exhibit "F "), and Universal Lubricants (Exhibit "G ") for petroleum, oil, and lubricants based on the unit prices as shown in the bid tabulation attached as Exhibit "A "; and, THAT, purchase of these materials will be from each of the vendors according to the unit prices as bid based first on price, and second on availability, according to the needs of the City; and, P.R. NO. 18073 11/21/13 aw THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this the day of , A.D. 2013 at a regular meeting of the City of Port Arthur, Texas by the following vote: AYES: • Mayor: Councilmembers: • • NOES: Deloris "Bobbie" Prince Mayor ATTEST: APPROVED AS TO FORM: Sherri Bellard klecia iz o City Secretary ttorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: Floyd T. Johnson Deborah Echols, CPA City Manager Director of Finance P.R. NO. 18073 11/21/13 aw John A. Comeaux, P. E. Shawna Tubbs, CPPO Asst. City Manager /Operations Purchasing Manager Exhibit "A" Y; . r' . City ”f - CITY OF PORT ARTHUR TEXAS %Nti ` .) BID TABUALTION SHEET rrrt rtttrtr rr „, Petroleum Oils and Lubricants Bid Opening .Date: October 2, 2013 NAME OF BIDDER Houston- Pasadena Tri -Con , .Inc. Universal Lubricants Apache Oil Co., LP Item # Description UOM UNIT COST UNIT COST UNIT COST 1 Anti - Freeze (Ethylene Glycol) 1 gallon containers $10.40 $9.00 $5.84 2 Anti - Freeze (Extended Life) 1 gallon containers $20.93 $13.00 $8.47 3 Automatic Transmission Fluid quart containers $2.70 $2.50 $2.32 4 Automatic Transmission Fluid 55- gallon drums $532.40 $300.00 $352.65 5 Chassis Grease 120- pound pails $266.64 $221.66 $229.00 - 6 Chassis Grease 14 ounce tubes $2.073 $1.95 $1.98 _7 Engine oil SAE 10W30 Multi -grade quart containers $2.75 $3.81 $2.30 8 Engine oil SAE 15W40 Multi -grade 55- gallon drum containers $486.42 $416.00 $433.00 9 Engine oil SAE 15W40 Multi -grade quart containers $2.63 $2.14 $2.67 10 Engine oil SAE 40W quart containers $2.69 NO BID $2.33 11 _ Engine oil SAE 80W90 55- gallon drums $557.81 $367.40 $453.75 12 Engine oil SAE 80W90 5- gallon pails $60.71 $46.86 $42.25 _ 13 Hydraulic oil ISO 68AW 55- gallon drums $377.52 $357.50 $341.00 14 Hydraulic oil ISO 68AW 5- gallon pails $37.90 S31.05 $38.50 15 Power Steering Fluid quart containers N/A $1.13 $2.07 Transmission-Differential-Hydraulic 16 (TD1 -1) oil 5- gallon pails $47.41 $27.93 $45.00 17 Transmission fluid for Transit 55- gallon drums 8825.82 8385.00 $1,488.00 Location Beaumont, TX Wichita, KS Pasadena, TX _ Page 1 of 3 - Petroleum Oils and Lubricants Bid Opening Date: October 2, 2013 Name of Bidder Spidle & Spidle Inc. Sun Coast Resources, Inc. Item # Description UOM UNIT COST UNIT COST 1 Anti - Freeze (Ethylene Glycol) 1 gallon containers $10.26 $5.66 2 Anti - Freeze (Extended Life) 1 gallon containers $13.87 $8.66 3 Automatic Transmission Fluid quart containers $2.10 $3.14 4 Automatic Transmission Fluid 55- gallon drums $619.13 $521.40 1 ) 5 Chassis Grease 120- pound pails $307.59 $255.60 6 Chassis Grease 14 ounce tubes $2.70 $1.995 7 Engine oil SAE 10W30 Multi -grade quart containers $3.23 $3.45 55- gallon drum 8 Engine oil SAE 15W40 Multi -grade containers $528.00 $677.60 9 Engine oil SAE 15W40 Multi -grade quart containers $2.67 $3.33 10 Engine oil SAE 40W quart containers $3.63 $3.4125 11 Engine oil SAE 80W90 55- gallon drums $761.76 $724.00 12 Engine oil SAE 80W90 5- gallon pails $69.52 $65.80 13 Hydraulic oil ISO 68AW 55- gallon drums $408.65 $470.80 14 Hydraulic oil ISO 68AW 5- gallon pails $46.77 $45.55 15 Power Steering Fluid quart containers $3.80 $4.3125 Transmission - Differential - Hydraulic 16 (TDH) oil 5- gallon pails $73.00 $53.20 17 Transmission fluid for Transit 55- gallon drums $1,426.26 $1,505.11 Location Port Arthur, TX Houston, TX Page 2 of 3 Petroleum Oils and Lubricants Bid Opening Date: October 2, 2013 Name of Bidder Certified Laboratories a Division of NCH RelaDyne — Derrick Corporation Oil Co. Item # Description UOM UNIT COST UNIT COST 1 Anti - Frceze (Ethylene Glycol) 1 gallon containers No Bid $8.24 2 Anti - Freeze (Extended Life) gallon containers No 131d $9.98 3 Automatic Transmission Fluid quart containers No Bid $2.05 4 Automatic Transmission Fluid 55- gallon drums $1,005.40 $425.10 5 Chassis Grease 120- hound pails _ $424.80 $331.34 6 Chassis Grease 14 ounce tubes $3.98 $2.57 7 1 Engine oil SAE 10W30 Multi -grade quart containers No Bid $1.95 55- gallon drum 8 Engine oil SAE 15W40 Multi -grade containers $919.05 $537.37 9 Engine oil SAE 15W40 Multi -grade quart containers No Bid $2.92 10 Engine oil SAE 40W quart containers No Bid $2.65 11 Engine oil SAE 80W90 55- gallon drums $1,300.75 $469.23 12 Engine oil SAE 80W90 5- gallon pails $132.75 $48.60 13 Hydraulic oil ISO 68AW 55- gallon drums $880.50 $351.25 14 Hydraulic oil ISO 68AW 5- gallon pails $90.15 $34.27 15 Power Steering Fluid quart containers No Bid $3.25 Transmission-Differential-Hydraulic 16 (TDB) oil 5- gallon pails $110.85 $45.53 17 Transmission fluid for Transit 55- gallon drums $2,615.80 $1,546.57 Location Irving, TX Port Arthur, TX Clifton Williams. Sr. Purchasing Assistant late Page 3 of 3 Exhibit "B" MATERIALS SUPPLY AGREEMENT Purchase of Petroleum, Oil, and Lubricants THIS AGREEMENT, made this the day of December, 2013, 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 Apache Oil Co. , hereinafter called "CONTRACTOR ". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The Contract shall be for one year from the start date on the Notice to Proceed, with the option to renew for two (2) additional one -year periods. 2. The CONTRACTOR will perform the work as delineated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of CONTRACTOR in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the attached bid, and will be primary or secondary vendor as indicated. 5. This is not an exclusive contract, and the CITY reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the CITY. 6. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) Addenda 4) General Information 5) Specifications 6) Bid 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. SIGNED on the day of , 2013. OWNER: CITY OF PORT ARTHUR BY: Floyd T. Johnson City Manager SIGNED on the day of , 2013. CONTRACTOR: APACHE OIL CO. BY: Purchase of Petroleum, Oil, and Lubricants Description Unit Price Primary Secondary Anti- Freeze Gallon $5.66 Sun Coast Apache Oil, Co. (Ethylene Glycol) Container Resources, Inc. Anti - Freeze Gallon $8.47 Apache Oil Co. Sun Coast (Extended Life) Container Resources, Inc. Automatic Quart 2.05 RelaDyne Spidle & Spidle, Transmission Fluid Container Derrick Oil Co. Inc. Automatic 55 Gallon $300.00 Universal Apache Oil Co. Transmission Fluid Drum Lubricants Chassis Grease 120 Pound $221.66 Universal Apache Oil Co. Pail Lubricants Chassis Grease 14 Ounce $1.95 Universal Apache Oil Co. Tube Lubricants SAE 10W30 Quart $1.95 RelaDyne Apache Oil Co. Engine Oil Container Derrick Oil Co. SAE 15W40 55 Gallon $416.00 Universal Apache Oil Co. Engine Oil Drum Lubricants SAE 15W40 Quart $2.14 Universal Spidle & Spidle, Engine Oil Container Lubricants Inc. SAE 40W Quart $2.65 RelaDyne Apache Oil Co. Engine Oil Container Derrick Oil Co. SAE 80W90 55 Gallon $367.40 Universal RelaDyne Engine Oil Drum Lubricants Derrick Oil Co. SAE 80W90 5 Gallon $42.25 Apache Oil Co. Universal Engine Oil Pail Lubricants ISO 68AW 55 Gallon $341.00 Apache Oil Co. RelaDyne Hydraulic Oil Drum Derrick Oil Co. ISO 68AW 5 Gallon $31.05 Universal RelaDyne Hydraulic Oil Pail Lubricants Derrick Oil Co. Power Steering Quart $1.13 Universal Apache Oil Co. Fluid Container Lubricants TDH Oil 5 Gallon $27.93 Universal RelaDyne Pail Lubricants Derrick Oil Co. Transmission Fluid 55 Gallon $385.00 Universal Tri -Con, Inc. For Transit Drum Lubricants • ,:IRIS "BOBBIE" PRINCE, MAY ,..)BERT E. `BOB" WILLIAMSON MAYOR PRO TEM � , �\ ` I� � �� ' '` CITY MANAGER Energy - COUNCIL MEMBERS: City ; j f' Or/ + SHERRI BELLARD RAYMOND SCOTT, JR. ti CITY SECRETARY ELIZABETH "LIZ" SEGLER 111 ti� MORRIS ALBRIGHT, III +�� } VALECIA R. TIZENO Tirais ROBERT TROY � p t I , 4 � CITY ATTORNEY WILLIE "BAE" LEWIS, JR. DERRICK FREEMAN Texas KERRY "TWIN" THOMAS SEPTEMBER 16, 2013 INVITATION TO BID PETROLEUM OIL & LUBRICANTS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 2, 2013. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, October 2, 2013 in the City Council Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: Petroleum Oil 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, 4 Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 cwilliams@portarthur.net c Purchasing Division /Finance Department 1 Purchasing Manager, Shawna Tubbs, CPPO, CPPB P.O. Box 10891444 4th Street 1 Port Arthur, Texas 776411 409.983.8160 1 Fax 409.983.8291 The enclosed INVITATION I 3ID (ITB) and accompanying GENE_ INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left -hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Shawna Tubbs, CPPO, CPPB Purchasing Manager Page 2of16 INVITATION TO BID PETROLEUM OIL & LUBRICANTS (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? X Were the specifications clear? X Were the specifications too restrictive? X Does the City pay its bills on time? X Do you desire to remain on the bid list for this product or service? X Does your present work load permit additional work? X Comments /Other Suggestions: Company Name: HOUSTON - PASADENA APACHE OIL COMPANY, LP. Person Completing Form: Telephone: BOBBY TURNER (281)450 - 4586 Mailing Address: Email: P. 0. BOX 177 bturner018 @comcast.net City, State, Zip Code: Date: PASADENA, TX 77501 9/26/13 SPECIFICATIONS FOR PETROLEUM OILS AND LUBRICANTS General Specifications: This contract shall be in effect for a period of one (1) year. At the end of one (1) year the City may renew this contract for two (2) additional one (1) year periods at the original contract bid amount. There shall be no increase in price should an extension be granted. Any terms and conditions stated in the original specifications shall apply to any extended periods. Lubricant supplies shall be manufactured from virgin base stock and shall not contain re- refined materials. All supplies will be delivered in sealed drums or manufacturers sealed containers. All containers shall be properly marked in accordance with applicable local, state, and federal regulations and certified that the product meets specification. Delivery time: Orders for manufacturers sealed containers of products placed before 9:00 AM must be delivered by 3:00 PM of the same day. Order for sealed drums of products placed after 9:00 AM must be delivered by 3:00 PM of the next business day. Sealed drums must be pumped into bulk storage tanks at the time of delivery. The successful vendor will be required to shelve delivered packaged products insuring that older stock is rotated for prompt distribution from the storeroom. Failure to meet this specification shall constitute default and the City will reserve the right to terminate any contract. Price information must be submitted on the bid submission sheet. Failure to use the bid submission sheet may be cause for the rejection of your bid. All prices are F.O.B:103 H.O. Mills Boulevard, Port Arthur, Texas 77640 and 320 Dallas Avenue, Port Arthur, Texas 77640. The successful bidder will be required to make product warranty adjustments by 9:00 AM of the next business day. Failure to meet this specification shall constitute default and the City will reserve the right to terminate said contract. All invoices and delivery tickets must clearly show purchase order number, quantity, item description, unit and extended price. Page 4of16 Anti- Freeze (Ethylene Glycol): Must be a premixed 50/50 single phase, ethylene glycol based product free of nitrites and amines. This product must be suitable for both automobile and heavy -duty diesel engines and must meet or exceed ASTM D 3306 and ASTM D 4985 specifications. This product is equivalent to Texaco Startex Antifreeze /Coolant Pre -Mixed 50/50. It will be purchased in one - gallon containers and 55- gallon drums. Anti - Freeze (Extended Life): Must be a premixed 50/50 single phase, propylene glycol based product free of nitrites and amines. This product must be suitable for both automobile and heavy -duty diesel engines with change intervals up to 5- years /100,000 miles. This product is equivalent to Texaco Antifreeze /Coolant ETX- 6280BPK Pre -Mixed 50/50. It will be purchased in one - gallon containers and 55- gallon drums. Automatic Transmission Fluid: Must meet or exceed the requirements of General Motors Corporation for DEXRON II, Ford Motor Company for MERCON (M2C166), and Caterpillar TO -2 fluid. It will be purchased in quart containers and 55- gallon drums. Chassis Grease: Shall be oxidation resistant lithium soap based grease suitable for general automotive use. Shall be designated as NLGI 2 and EP (extreme pressure). It will be purchased in 120 -pound pails and 14 -ounce cartridges. Engine oil SAE 10W30 Multi- grade: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufacturers. Must meet API classification CE, CD- II -SG, and SF. Must meet or exceed Mil Spec MIL- L -2014E and MIL- L- 46152D. It will be purchased in quart containers. Engine oil SAE 1.5W40 Multi- grade: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufacturers. Must meet API classification CE, CD- II -SG, and SF. Must meet or exceed Mil Spec MIL- L -2104E and MIL- 1- 46152D. It will be purchased in quart containers and 55- gallon drums. Engine oil SAE 40W: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufactures. Must meet API classification CE, CD- II -SG, and SF. Must meet or exceed Mil Spec MIL- L- 2104E. It will be purchased in quart containers. Page 5 of 16 Gear Oil SAE 80W90: Must meet or exceed the requirements for API service GL -5. Must meet or exceed Mil Spec MIL- L- 2105C. It will be purchased in 5- gallon pails and 55- gallon drums. Hydraulic Fluid (HYD 68 AW): Shall be ISO 68 AW oil with anti -wear, rust and oxidation additives and a foam suppressant. Shall have a CST viscosity of 62.0 at 40 degrees Celsius. Shall have a pour point of -20 degrees Fahrenheit. It will be purchased in 5- gallon pails and 55- gallon drums. Power Steering Fluid: A multipurpose product that is approved for use in all GM, Chrysler, and Ford power steering systems. This product is equivalent to Texaco Power Steering Fluid 11872. It will be purchased in quart containers. Transmission- Differential - Hydraulic Fluid: A common fluid to lubricate the transmission, differential, and hydraulic systems of wheeled type tractors. This product must be equivalent to Texaco TDH Oil Code 1893. It will be purchased in five - gallon pails. Transmission fluid for Transit: This product must be equivalent to Shell Donax TX Transmission Fluid NOTE: Bidders must submit Material Safety Data Sheets (MSDS) for all products with the bid package. Page 6 of 16 Estimated Annual Usag%. Anti - Freeze (Ethylene Glycol) one - gallon containers 600 gallons Anti - Freeze (Extended Life) one- gallon containers 200 gallons Automatic Transmission Fluid quart containers 1,600 quarts Automatic Transmission Fluid 55- gallon drums 4 drums Chassis Grease 120 -pound pails 5 pails Chassis Grease 14 ounce tubes 140 tubes Engine oil SAE 10W30 Multi -grade quart containers 1,500 quarts Engine oil SAE 15W40 Multi -grade 55- gallon drum containers 17 drums Engine oil SAE 15W40 Multi -grade quart containers 3,300 quarts Engine oil SAE 40W quart containers 1,100 quarts Engine oil SAE 80W90 55- gallon drums 1 drum Engine oil SAE 80W90 5- gallon pails 10 pails Hydraulic oil ISO 68AW 55- gallon drums 23 drums Hydraulic oil ISO 68AW 5- gallon pails 530 pails Power Steering Fluid quart containers 36 quarts Transmission - Differential - Hydraulic (TDH) oil 5- gallon pails 20 pails Transmission fluid for Transit 55- gallon drums 4 drums • Page 7 of 16 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Petroleum Oil & Lubricants BID DUE DATE: October 2, 2013 DESCRIPTION UNIT UNIT COST Anti- Freeze (Ethylene Glycol) one - gallon containers $ ' 5.84 Sh e l 1 Anti - Freeze (Extended Life) one - gallon containers $ 8.47 Shell zone Automatic Transmission Fluid quart containers $ 2.32 Warren Automatic Transmission Fluid 55- gallon drums $ 352.65 Warren Chassis Grease 120 -pound pails $ 229.00 Warren Chassis Grease 14 ounce tubes $ 1.98 Warren Engine oil SAE 10W30 Multi - grade quart containers $ 2.30 Warren Engine oil SAE 15W40 Multi - grade 55 gallon drum containers $ 433.00 Wa r ren Engine oil SAE 15W40 Multi -grade quart containers $ 2.67 Warren Engine oil SAE 40W quart containers $ 2.33 Shell Engine oil SAE 80W90 55 - gallon drums $ 453.75 ' Engine oil SAE 80W90 5- gallon pails $ 42.25 Warren Hydraulic oil ISO 68AW 55 -gallon drums $ 341.00 Wa rren Hydraulic oil ISO 68AW 5- gallon pails $ 38.50 Warren Power Steering Fluid quart containers $ 2.07 Warren Transmission - Differential- Hydraulic (TDH) oil 5- gallon pails $ 45.00 Conoco Transmission fluid for Transit 55- gallon drums $ 1488.00 Shel 1 HOUSTON - PASADENA APACHE 011 CO, LP 5136 SPENCER HWY. COMPANY NAME STREET ADDRESS • A P. O. Box 177 SIGNATURE 0 BID, R P.O. BOX Bobby Turner PASADENA, TX 77505 PRINT OR TYPE NAME CITY STATE ZIP Project Manager (281)487 -5400 cell (281)450 -4586 TITLE AREA CODE TELEPHONE NO. (281)487 -7606 EMAIL FAX NO. BID OPENING DATE: October 2, 2013 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to furnish their complete REMIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: REMIT PAYMENT TO: COMPANY HOUSTON - PASADENA APACHE OIL COMPANY, LP ADDRESS P. 0. BOX 177 CITY /STATE /ZIP PASADENA, TX 77501 SEND PURCHASE ORDER TO: COMPANY HOUSTON- PASADENA APACHE OIL COMPANY, LP ADDRESS P • o. BOX 177 CITY /STATE /ZIP PASADENA, TX 77501 TAX IDENTIFICATION NUMBER 74- 1715124 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80 Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001 (1 -a) with a local governmental entity and the person 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 7 business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person who has a business relationship with local governmental entity. • 2. ('I Check this box if you are filing an update to a previously filed questionnaire. I XI (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7` business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Name of a local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer ler of the questionnaire? Yes 1 No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes 1 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes 1 ( No D. Describe each employment or business relationship with the local government officer named in this section. 4. N/A 9/26/13 Signature of person doing business with the governmental entity Date 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 clue. 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. HOUSTON - PASADENA APACHE OIL COMPANY, LP 9726/13 Firm ame Date re ,''N Authorize gnature Title 4 1)1y 1# (281)487-540o Name (pleage print) Telephone 16_,Nlye 0,190,,Cive Of i COm pahr. Cort , Email ,./ STATE: )4) COUNTY: T)(AY (t5 me by the above named N SUBSCRIBED AND SWORN to before y on this the 9-1/ day of , 20 '! -IMIs-sew 4 0 , [.ae�' 1.11C / C j a Y`cr. \ otary Ppblic ls BRENDA S. BIERMAN i MY COMMISSION EXPIRES June 26, 2015 1- 1 '1 HIS AFFIDAVIT AS PART OF THE BID PROPOSAL GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s) /substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal " - -For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 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. Page 12 of 16 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.: Department Ordering, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any -one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 Page 13of16 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 (1.5) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set -off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub - contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 14 of 16 SUB- CONTRACTS: The C< actor shall not execute an agreement 1 any sub - contractor or petnrit any sub - contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and /or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or $500,000 each person/$500,000 per occurrence for contracts of $100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or $500,000 each person /$1,000,000 per occurrence for contracts in excess of $100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of $1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of $2,000,000 for contracts in excess of $100,000. 3. Commercial Automobile Liability Insurance (Including owned, non -owned and hired vehicles coverage's). a. Minimum combined single limit of $500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. Page 15 of 16 NOTICE TO PROCEED: I\ .;e to Proceed shall be issued within (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 16 of 16 Exhibit "C" MATERIALS SUPPLY AGREEMENT Purchase of Petroleum, Oil, and Lubricants THIS AGREEMENT, made this the day of December, 2013, 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 RelaDvne- Derrick Oil Co. , hereinafter called "CONTRACTOR ". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The Contract shall be for one year from the start date on the Notice to Proceed, with the option to renew for two (2) additional one -year periods. 2. The CONTRACTOR will perform the work as delineated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of CONTRACTOR in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the attached bid, and will be primary or secondary vendor as indicated. 5. This is not an exclusive contract, and the CITY reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the CITY. 6. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) Addenda 4) General Information 5) Specifications 6) Bid 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. SIGNED on the day of , 2013. OWNER: CITY OF PORT ARTHUR BY: Floyd T. Johnson City Manager SIGNED on the day of , 2013. CONTRACTOR: RELADYNE- DERRICK OIL CO. BY: Purchase of Petroleum, Oil, and Lubricants Description Unit Price Primary Secondary Anti- Freeze Gallon $5.66 Sun Coast Apache Oil, Co. (Ethylene Glycol) Container Resources, Inc. Anti- Freeze Gallon $8.47 Apache Oil Co. Sun Coast (Extended Life) Container Resources, Inc. Automatic Quart 2.05 RelaDyne Spidle & Spidle, Transmission Fluid Container Derrick Oil Co. Inc. Automatic 55 Gallon $300.00 Universal Apache Oil Co. Transmission Fluid Drum Lubricants Chassis Grease 120 Pound $221.66 Universal Apache Oil Co. Pail Lubricants Chassis Grease 14 Ounce $1.95 Universal Apache Oil Co. Tube Lubricants SAE 10W30 Quart $1.95 RelaDyne Apache Oil Co. Engine Oil Container Derrick Oil Co. SAE 15W40 55 Gallon $416.00 Universal Apache Oil Co. Engine Oil Drum Lubricants SAE 15W40 Quart $2.14 Universal Spidle & Spidle, Engine Oil Container Lubricants Inc. SAE 40W Quart $2.65 RelaDyne Apache Oil Co. Engine Oil Container Derrick Oil Co. SAE 80W90 55 Gallon $367.40 Universal RelaDyne Engine Oil Drum Lubricants Derrick Oil Co. SAE 80W90 5 Gallon $42.25 Apache Oil Co. Universal Engine Oil Pail Lubricants ISO 68AW 55 Gallon $341.00 Apache Oil Co. RelaDyne Hydraulic Oil Drum Derrick Oil Co. ISO 68AW 5 Gallon $31.05 Universal RelaDyne Hydraulic Oil Pail Lubricants Derrick Oil Co. Power Steering Quart $1.13 Universal Apache Oil Co. Fluid Container Lubricants TDH Oil 5 Gallon $27.93 Universal RelaDyne Pail Lubricants Derrick Oil Co. Transmission Fluid 55 Gallon $385.00 Universal Tri -Con, Inc. For Transit Drum Lubricants RIS "BC,B 1E" R1i ^ {A E, FLOYD T. JLI- INSONi LERT E. ,"BOB" ? /ILLI vMSONd, M.A Y OR PRO TEPi1 '! '' CITY MANAGER COUNCIL MEMBERS: SHERRI BE.LLA1dD RAYMOND SCOTT, JR. ' CITY SECRETARY ELIZABETH "LIZ" SECLEI? ' MORRIS ALBRIGHT, v� YALECIA R TIZE''NO ROBERT TROY f "' —� v �-- CITY ATTORNEY WILLIE "TAE" LEWIS, JR. 0 f a ll DERRICK FREEMAN +'1i tS KERRY "TWIN" THOMAS T- SEPTEMBER 16, 2013 INVITATION TO BID PETROLEUM OIL & LUBRICANTS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 2, 2013. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, October 2, 2013 in the City Council Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: Petroleum Oil 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, 4 Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to City of Port Arthur, TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 cwilliams@portarthur.net Purchasing Division /Finance Department 1 Purchasing Manager Tubbs, CPPO, CPPB P.O. Box 10891444 4' Street' Port Arthur, Texas 776411 409.983.8160 (Fax 409.983.8291 The enclosed iblvrfATION 1 3 ID fITB ) and accompanying GENE.. — E C DNS 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 comer 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 firrn. Faxed or electronically transmitted ITB submittals will not be accepted. Shawna Tubbs, CPPO, CPPB Purchasing Manager • Page 2 of 16 ii\fy1 S :,TIO TO BID PETROLEUM 0 & . LU BR CArES Ciro be Completed ONLY IF DONUT BID) ,ALLURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAX' 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 ou desire to remain on the bid list for this . 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 16 SPECIFiCA IO N_S If OR PETROLEUM OILS AND LUBRICA I TS :General Spe.cif1c.thon This contract shall be in effect f a period of one (1) year. .� one (1) year y ane`ii tills �� --i; 1 ; y���t. �L the end Of .�i.�; � al pile %:t� may r contract for two (2) additional one (1) year periods at the original contract bid amount. There shall be no increase in price should an extension be granted. Any terms and conditions stated in the original specifications shall apply to any extended periods. Lubricant supplies shall be manufactured from virgin base stock and shall not contain re- refined materials. All supplies will be delivered in sealed drums or manufacturers sealed containers. All containers shall be properly marked in accordance with applicable local, state, and federal regulations and certified that the product meets specification. Delivery time: Orders for manufacturers sealed containers of products placed before 9:00 AM must be delivered by 3:00 PM of the same day. Order for sealed drums of products placed after 9:00 AM must be delivered by 3:00 PM of the next business day. Sealed drums must be pumped into bulk storage tanks at the time of delivery. The successful vendor will be required to shelve delivered packaged products insuring that older stock is rotated for prompt distribution from the storeroom. Failure to meet this specification shall constitute default and the City will reserve the right to terminate any contract. Price information must be submitted on the bid submission sheet. Failure to use the bid submission sheet may be cause for the rejection of your bid. All prices are F.O.B:103 H.O. Mills Boulevard, Port Arthur, Texas 77640 and 320 Dallas Avenue, Port Arthur, Texas 77640. The successful bidder will be required to make .product warranty adjustments by 9:00 AM of the next business day. Failure to meet this specification shall constitute default and the City will reserve the right to terminate said contract. All invoices and delivery tickets must clearly show purchase order number, quantity, item description, unit and extended price. • • Page 4 of 16 Anti-Freeze e a (Ethylene GIIycoi): This b premixed 50/50 single o h g'1 y {. i nitrites s r d amines. 1 i�..is p p .iti, single Phase, a.t�i,l �t.i1s: �a jT+„';1 based product free J� nl 1 a �___+ �_ ( duct _ must be , .z 3 �i t e �13rta'ole for both auton�oo�ile and heavy-duty `,/ ,l engines +')r' and 1'T37�i meet i3, exceed „�i�il D ;�� Iai- .3'�. �� WS a- �1 - -�;S and ASTM D 4985 specifications. This product is equivalent to Texaco Startex Antifreeze/Coolant Pre-Mixed 50 /50. It will be purchased in one - gallon containers and 55- gallon drums. Anti - Freeze (Extended Life) Must be a premixed 50/50 single phase, propylene glycol based product free of nitrites and amines. This product must be suitable for both automobile and heavy -duty diesel engines with change intervals up to 5- years /100,000 miles. This product is equivalent to Texaco Antifreeze /Coolant ETX- 6280BPK Pre -Mixed 50/50. It will be purchased in one - gallon containers and 55- gallon drums. Automatic Transmission Fluid: Must meet or exceed the requirements of General Motors Corporation for DEXRON II, Ford Motor Company for MERCON (M2C166), and Caterpillar TO -2 fluid. It will be purchased in quart containers and 55- gallon drums. Chassis Grease: Shall be oxidation resistant lithium soap based grease suitable for general automotive use. Shall be designated as NLGI 2 and EP (extreme pressure). It will be purchased in 120 -pound pails and 14 -ounce cartridges. Engine oil SAE 10W30 Multi- grade: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufacturers. Must meet API classification CE, CD- II -SG, and SF. Must meet or exceed Mil Spec MIL- L -2014E and MIL- L- 46152D. It will be purchased in quart containers. Engine oil SAE 15W40 Multi- grade: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufacturers. Must meet API classification CE, CD- II -SG, and SF. Must meet or exceed Mil Spec MIL- L -2104E and MIL- 1- 46152D. It will be purchased in quart containers and 55- gallon drums. Engine oil SAE 40W: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufactures. Must meet API classification CE, CD- II -SG, and SF. Must meet or exceed Mil Spec MIL- L- 2104E. It will be purchased in quart containers. Page 5 of 16 Gear Oil SAE 80W90: Must meet or exceed the requirements for API service GL -5. Must meet or exceed Mil Spec MIL -L- 21050.. It will be purchased in 5- gallon pails and 55- gallon clrurns. . hydraulic Fluid (HE'D 68 AW): Shall be ISO 68 AW oil with anti -wear, rust and oxidation additives and a foam suppressant. Shall have a CST viscosity of 62.0 at 40 degrees Celsius. Shall have a pour point of -20 degrees Fahrenheit. It will be purchased in 5- gallon pails and 55- gallon drums. Power Steering Fluid: A multipurpose product that is approved for use in all GM, Chrysler, and Ford power steering systems. This product is equivalent to Texaco Power Steering Fluid 11872. It will be purchased in quart containers. Transmission - Differential- Hydraulic Fluid: A common fluid to lubricate the transmission, differential, and hydraulic systems of wheeled type tractors. This product must be equivalent to Texaco TDH Oil Code 1893. It will be purchased in five- gallon pails. Transmission fluid for Transit: This product must be equivalent to Shell Donax TX Transmission Fluid • NOTE: Bidders must submit Material Safety Data Sheets (MSDS) for all products with the bid package. Page 6of16 Es tinhated Annual Anti-Freeze (Ethylene Glycol) one - gallon containers 600 gallons Anti- Freeze (Extended Life) one- gallon containers 200 gallons Automatic Transmission Fluid quart containers 1,600 quarts Automatic Transmission Fluid 55- gallon drums 4 drums Chassis Grease 120 -pound pails 5 pails Chassis Grease 14 ounce tubes 140 tubes Engine oil SAE 10W30 Multi -grade quart containers 1,500 quarts Engine oil SAE 15W40 Multi -grade 55- gallon drum containers 17 drums Engine oil SAE 15W40 Multi -grade quart containers 3,300 quarts Engine oil SAE 40W quart containers 1,100 quarts Engine oil SAE 80W90 55- gallon drums 1 drum Engine oil SAE 80W90 5- gallon pails 10 pails Hydraulic oil ISO 68AW 55- gallon drums . 23 drums Hydraulic oil ISO 68AW 5- gallon pails 530 pails Power Steering Fluid quart containers 36 quarts Transmission - Differential - Hydraulic (TDH) oil 5- gallon pails 20 pails -- Transmission fluid for Transit 55- gallon drums 4 drums Page 7 of 16 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Petroleum Oil & Lubricants BID DUE DATE: October 2, 2013 DESCRIPTION UNIT UNIT COST Anti - Freeze (Ethylene Glycol) one - gallon containers $ 0 • Z4- eP- Anti- Freeze (Extended Life) one - gallon containers $ 9 .,ti, 6...A . Automatic Transmission Fluid quart containers $ 2-, 0 rte-. Automatic Transmission Fluid 55- gallon drums $ 42-5. t 0 s- . Chassis Grease 120 -pound pails $ 531 ?j+ E.A-. Chassis Grease 14 ounce tubes $ 2...5' ( EA- Engine oil SAE 1.0W30 Multi-grade quart containers $ t -, 9 - I2-P}- Engine oil SAE 15W40 Multi -grade 55- gallon drum containers $ rj �J � .37 W- • Engine oil SAE 15W40 Multi -grade quart containers $ 2.92 , �„l�- Engine oil SAE 40W quart containers $ 2. 65 e . Engine oil SAE 80W90 55- gallon drums $ 409 .2-3 > -p.. Engine oil SAE 80W90 5- gallon pails $ 4 %_. t1,0 Hydraulic oil ISO 68AW 55- gallon drums $ 35 d , 2 . Hydraulic oil ISO 68AW 5- gallon pails $ '34 _ - • Power Steering Fluid quart containers $ '3 _Z_S Transmission- Differential - Hydraulic (TDH) oil 5- gallon pails $ 45, 53 - . Transmission fluid for Transit 55- gallon drums $ t 546 57. wt., Re —Dexitl c..t. ©I . Co. 94-1 pcito 'T- COMP: • NA STREET ADDRESS . , � P.o. e>oX t t3 ATURE OF t IDDER P.O. BOX 13d2i A_Mc6E PoIZT Si- Wtk. 17(041 PRINT OR TYPE NAME CITY STATE ZIP OP412A -71mN S M414 4 -6 EA- (4 o9) 9 -- 25O TITLE AREA CODE TELEPHONE NO. . �6P, _ irci- y,v6 - ,com (409) 9 ? b - 67€ EMAIL FAX NO. Page 8of16 BID OPENING DATE: October 2, 2013 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to furnish their complete REMIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: REMIT PAYMENT TO: COMPANY 1 :)y Qe,C2-62 -AUL- n k sv - PP Co ADDRESS P • 0 ` 33 CITY /STATE /ZIP P Z`T" " - +`�cZ 774. 7 7 t° 4 SEND PURCHASE ORDER TO: COMPANY D YL-t CV-- C� L. Co MPA4f ADDRESS P • O • b> CITY /STATE /ZIP PD(2:'1"' A4-4 t TAX IDENTIFICATION NUMBER 14 -2-0s t Page 9 of 16 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: V I hereby certify that I do not have outstanding debts with the City of Port Arthur. 1 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. l 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. 1t `' n4' - GIL © 14... ` - stiee 'y co '1 1 AG. l t' / Firm Name Date ho ized Signature Title Mc 4439 Name (please print) Telephone . 1¼4 c G W O •/ J €. C &M Email STATE: COUNTY: 54- CC..5Qt1 SUBSCRIBED AND SWORN to before me by the above named 12)( la l) • Me6 on this the a.- ' day of ,J jU) , 20 PC/ Lace M. Jay his c.c... • to s, ` J�t Cammrssion Expires N. ary ' u blic do 4 44 - 07 -21 -2017 if RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80 Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001 (1 -a) with a local governmental entity and the person 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 7 business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person who has a business relationship with local governmental entity. Rte/ -- De c- C o \t-- 4 So 96)4-'1 MO Ai-1 , �.1 co42.Qo ‘iArrE o , 2. 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 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Name of a local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director, or holds an ownership of 10 percent or more? • Yes No D. Describe each employment or business relationshi. with the local •overnment officer named in this section. ri. ✓ ,y .�� 72-// 3 ure of p- busines; the governmental entity Date Page 11 of 16 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, anal /,or Contractor furndsh 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 TAKfvG EXCEPTION TO THE SPECIFICATIONS, OR OFFERTIG SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s) /substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal " - -For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this l.TB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with _ _ Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 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. Page 12 of 16 ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be remade 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 i the vendor's responsibility to check for any addendurns that might have been issued before bid closing date and tirne. 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.: Department Ordering, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment_ is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. 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 theity 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 Page 13 of 16 INCORPORATION CF PR'OVISIo iS EO TIRED LA S/ 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 perfoiui 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 (l 5) days before the effective date of such termination.. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract • by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set -off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is tenninated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Po Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons perfonning work and supplying material or service to the Contractor, or any sub - contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 14 of 16 S,[f;:m,C'O'I T ACTS; The a actor a l not ag r Cii • Lh any sub--contractor Of permit any sub-contractor to perfof inn any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and /or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or $500,000 each • person/$500,000 per occurrence for contracts of $100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or $500,000 each person /$1,000,000 per occurrence for contracts in excess of $100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of $1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of $2,000,000 for contracts in excess of $100,000. 3. Commercial Automobile Liability Insurance (Including owned, non -owned and hired vehicles coverage's). a. Minimum combined single limit of $500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required . (including naives 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 foiiii from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. Page 15 of 16 NOTICE TO PROCEED: 1.\ e to Proceed shall be issued within (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 16 of 16 Exhibit "D" MATERIALS SUPPLY AGREEMENT Purchase of Petroleum, Oil, and Lubricants THIS AGREEMENT, made this the day of December, 2013, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY ", and Spidle & Spidle, Inc. , hereinafter called "CONTRACTOR ". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The Contract shall be for one year from the start date on the Notice to Proceed, with the option to renew for two (2) additional one -year periods. 2. The CONTRACTOR will perform the work as delineated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of CONTRACTOR in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the attached bid, and will be primary or secondary vendor as indicated. 5. This is not an exclusive contract, and the CITY reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the CITY. 6. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) Addenda 4) General Information 5) Specifications 6) Bid 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. SIGNED on the day of , 2013. OWNER: CITY OF PORT ARTHUR BY: Floyd T. Johnson City Manager SIGNED on the day of , 2013: CONTRACTOR: SPIDLE & SPIDLE, INC. BY: Purchase of Petroleum, Oil, and Lubricants Description Unit Price Primary Secondary Anti- Freeze Gallon $5.66 Sun Coast Apache Oil, Co. (Ethylene Glycol) Container Resources, Inc. Anti- Freeze Gallon $8.47 Apache Oil Co. Sun Coast (Extended Life) Container Resources, Inc. Automatic Quart 2.05 RelaDyne Spidle & Spidle, Transmission Fluid Container Derrick Oil Co. Inc. Automatic 55 Gallon $300.00 Universal Apache Oil Co. Transmission Fluid Drum Lubricants Chassis Grease 120 Pound $221.66 Universal Apache Oil Co. Pail Lubricants Chassis Grease 14 Ounce $1.95 Universal Apache Oil Co. Tube Lubricants SAE 10W30 Quart $1.95 RelaDyne Apache Oil Co. Engine Oil Container Derrick Oil Co. SAE 15W40 55 Gallon $416.00 Universal Apache Oil Co. Engine Oil Drum Lubricants SAE 15W40 Quart $2.14 Universal Spidle & Spidle, Engine Oil Container Lubricants Inc. SAE 40W Quart $2.65 RelaDyne Apache Oil Co. Engine Oil Container Derrick Oil Co. SAE 80W90 55 Gallon $367.40 Universal RelaDyne Engine Oil Drum Lubricants Derrick Oil Co. SAE 80W90 5 Gallon $42.25 Apache Oil Co. Universal Engine Oil Pail Lubricants ISO 68AW 55 Gallon $341.00 Apache Oil Co. RelaDyne Hydraulic Oil Drum Derrick Oil Co. ISO 68AW 5 Gallon $31.05 Universal RelaDyne Hydraulic Oil Pail Lubricants Derrick Oil Co. Power Steering Quart $1.13 Universal Apache Oil Co. Fluid Container Lubricants TDH Oil 5 Gallon $27.93 Universal RelaDyne Pail Lubricants Derrick Oil Co. Transmission Fluid 55 Gallon $385.00 Universal Tri -Con, Inc. For Transit Drum Lubricants RiS "BOB?, if," PRiN E, i a.y't F1,O YE) T. JOEi''lSON E T E. ":BOB " WILLIAMS,'ON, MAYOR PRO "TEf /i C1T Y MANAGER ) COUNCIL MEMBERS: s SHERRI BE.LLARD RAYMOND SCOTT, JR. ! CITY SECRETARY ELIZABETH "LiZ" SEGLER MORRIS ALBRIG $T, 111 VALE , CIA R. T=N•O ROBERT TROY t) } ;. !t CITY ATTORNEY WWLIE "BAE" LEWIS, JR. } DERRICK FREEMAN KERRY "TWIN" THOMAS ` {, If,) SEPTEMBER 16, 2013 INVITATION TO BID PETROLEUM OIL & LUBRICANTS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 2, 2013. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, October 2, 2013 in the City Council Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: Petroleum Oil 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, 4 Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 cwilliams@portarthur.net • Purchasing Division /Finance Department 1 Purchasing Manager, Shawna Tubbs, CPPO, CPPB P.O. Box 10891444 4 Street' Port Arthur, Texas 776411 409.983.8160 1 Fax 409.983.8291 The enclosed EF\ /iii \iTIQN J SID GTE) -, _ I �., „ r l � and ;:a:,.;:��I'i7�t�Tlyil ?;� GENE_ l l� l i<r� t, i� ice! "�1�, L. i)l�llJl i iY:'ri 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 sealer] 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 fiiui. 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. nit v'''tiLet.tk;k-Lug Shawna Tubbs, CPPO, CPPB Purchasing Manager Page 2 of 16 IN Y:tT_ DTI ON 'T 0 BID PETROLEUM OIL & LUBR1 C.AN'I'S (To be Completer) 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 16 SPECIFICATIONS FOR PETROLEUM iM OILS AND LUBRICANTS 'Wi7i l Speed leztions This contract shall be in effect for a period of one (1) year. At the end of one (1) year the City may Ten'i +i e tbs 1 contract for two (2) additional one (1) year periods at the original contract bid amount. There shah be no increase in price should an extension be granted. Any terms and conditions stated in the original specifications shall apply to any extended periods. Lubricant supplies shall be manufactured from virgin base stock and shall not contain re- refined materials. All supplies will be delivered in sealed drums or manufacturers sealed containers. All containers shall be properly marked in accordance with applicable local, state, and federal regulations and certified that the product meets specification. Delivery time: Orders for manufacturers sealed containers of products placed before 9:00 AM must be delivered by 3:00 PM of the same day. Order for sealed drums of products placed after 9:00 AM must be delivered by 3:00 PM of the next business day. Sealed drums must be pumped into bulk storage tanks at the time of delivery. The successful vendor will be required to shelve delivered packaged products insuring that older stock is rotated for prompt distribution from the storeroom. Failure to meet this specification shall constitute default and the City will reserve the right to terminate any contract. Price information must be submitted on the bid submission sheet. Failure to use the bid submission sheet may be cause for the rejection of your bid. All prices are F.O.B:103 H.O. Mills Boulevard, Port Arthur, Texas 77640 and 320 Dallas Avenue, Port Arthur, Texas 77640. The successful bidder will be required to make product warranty adjustments by 9:00 AM of the next business • day. Failure to meet this specification shall constitute default and the City will reserve the right to terminate said contract. All invoices and delivery tickets must clearly show purchase order number, quantity, item description, unit and extended price. Page 4 of 16 Anti -li reeze (Ethylene Glycol): • Must be a premixed 50/50 single Phase, ethylene glycol based product free of nitrites and a:rni yes. i S ptOdilet heavy-duty diesel engines and must meet be suitable 4985 both automobile and heavy-duty Vii; p= �i6--icS � ' �,yt or exceed A� mil 3306 and ASTM D 4985 sp. f` 1i.o i 1 product 9 Texaco r p d' 7 �.�' i�vc. =s. This ,�rG'f:1L.�t 1� eci'ai�va writ to i;:� � �tart�l .�- �ritt_lir�zv /����c^�ll. - i�- 1�/iir�uU. 50/50. It will be purchased in one - gallon containers and 55- gallon drums. Anti - Freeze (Extended Life): Must be a premixed 50/50 single phase, propylene glycol based product free of nitrites and amines. This product must be suitable for both automobile and heavy -duty diesel engines with change intervals up to 5- years /100,000 miles. This product is equivalent to Texaco Antifreeze /Coolant ETX- 6280BPK Pre -Mixed 50/50. It will be purchased in one - gallon containers and 55- gallon drums. Automatic Transmission Fluid: Must meet or exceed the requirements of General Motors Corporation for DEXRON II, Ford Motor Company for MERCON (M2C166), and Caterpillar TO -2 fluid. It will be purchased in quart containers and 55- gallon drums. Chassis Grease: Shall be oxidation resistant lithium soap based grease suitable for general automotive use. Shall be designated as NLGI 2 and EP (extreme pressure). It will be purchased in 120 -pound pails and 14 -ounce cartridges. Engine oil SAE 10W30 Multi-grade: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufacturers. Must meet API classification CE, CD- II -SG, and SF. . Must meet or exceed Mil Spec MIL- L -2014E and MIL- L- 46152D. It will be purchased in quart containers. Engine oil SAE 15W40 Multi- grade: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufacturers. Must meet API classification CE, CD- II -SG, and SF. Must meet or exceed Mil Spec MIL- L -2104E and MIL- 1- 46152D. It will be purchased in quart containers and 55- gallon drums. Engine oil SAE 40W: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufactures. Must meet API classification CE, CD- II -SG, and SF. Must meet or exceed Mil Spec MIL- L- 2104E. It will be purchased in quart containers. Page 5 of 16 Gear Oil SAE 80W90: Must meet or exceed the requir�,rnents for API service GL-5. Must meet or exceed Mil Spec MIL-L-21050. It will be purchased in 5- gallon pails and 55- gallon drums. Hydraulic Fluid (HE'D 68 A` V): Shall be ISO 68 AW oil with anti -wear, rust and oxidation additives and a foam suppressant. Shall have a CST viscosity of 62.0 at 40 degrees Celsius. Shall have a pour point of -20 degrees Fahrenheit. It will be purchased in 5- gallon pails and 55- gallon drums. Power Steering Fluid: A multipurpose product that is approved for use in all GM, Chrysler, and Ford power steering systems. This product is equivalent to Texaco Power Steering Fluid 11872. It will be purchased in quart containers. Transmission- Differential - Hydraulic Fluid: A common fluid to lubricate the transmission, differential, and hydraulic systems of wheeled type tractors. This product must be equivalent to Texaco TDH Oil Code 1893. It will be purchased in five - gallon pails. Transmission fluid for Transit: This product must be equivalent to Shell Donax TX Transmission Fluid • NOTE: Bidders must submit Material Safety Data Sheets (MSDS) for all products with the bid package. • Page 6 of 16 Estimated Annual LLsap, Fr; (Et, Glycol) i i glow w Anti-Freeze �! _ Z (Ethylene .Jl i Vii) i?: i 53x1 . i�;l ui _erS 600 t�, Anti- Freeze (Extended Life) one- gallon containers 200 gallons Automatic Transmission Fluid quart containers 1,600 quarts Automatic Transmission Fluid 55- gallon drums 4 drums Chassis Grease 120 -pound pails 5 pails • Chassis Grease 14 ounce tubes 140 tubes Engine oil SAE 10W30 Multi -grade quart containers 1,500 quarts Engine oil SAE 15W40 Multi -grade 55- gallon drum containers 17 drums Engine oil SAE 15W40 Multi -grade quart containers 3,300 quarts Engine oil SAE 40W quart containers 1,100 quarts Engine oil SAE 80W90 55- gallon drums 1 drum Engine oil SAE 80W90 5- gallon pails 10 pails Hydraulic oil ISO 68AW 55- gallon drums . 23 drums Hydraulic oil ISO 68AW 5- gallon pails 530 pails Power Steering Fluid quart containers 36 quarts Transmission - Differential- Hydraulic (TDH) oil 5- gallon pails 20 pails Transmission fluid for Transit 55- gallon drums 4 drums • • • Page 7 of 16 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Petroleum Oil & Lubricants BID DUE DATE: October 2, 2013 DESCRIPTION UNIT UNIT COST Anti - Freeze (Ethylene Glycol) one - gallon containers $ l 0., ', LP Anti - Freeze (Extended Life) one - gallon containers $ 1 Automatic Transmission Fluid quart containers $ ,1 Automatic Transmission Fluid 55- gallon drums $ (19 .]� Chassis Grease 120 -pound pails $ Chassis Grease 14 ounce tubes $ `nb Engine oil SAE 10W30 Multi -grade quart containers $Oj Engine oil SAE 15W40 Multi -grade 55- gallon drum containers $ 00 Engine oil SAE 15W40 Multi -grade quart containers $ (a_.(1.1 Engine oil SAE 40W quart containers $ Engine oil SAE 80W90 55- gallon drums $ � 4\ _? to Engine oil SAE 80W90 5- gallon pails $ Len_ S . Hydraulic oil ISO 68AW 55- gallon drums $ — 09 (, j Hydraulic oil ISO 68AW 5- gallon pails $ A-(4 Power Steering Fluid quart containers $ % Transmission - Differential- Hydraulic (TDH) oil 5- gallon pails $ 1 Q �� Transmission fluid for Transit 55- gallon drums $ 1 (M:3 -Q) c > fi e. nC 4O k cam 1 R t ) C SMPANY NA STREET ADDRESS SIGNAT OF DDER P.O. BOX _�g C� k�.�1 -- n 2r - s Vok- l:t 3v x 'PLC ( PRINT OR TYPE NAME CITY STATE ZIP c-C-S 469- - 4-0 TITLE AREA CODE TELEPHONE NO. 5 9') �1� 0�1 sb . �h t nom - 4-6N- q2a,- S(pCS EMAIL FAX NO. Page 8 of 16 BID OPENING DATE: October 2, 2013 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to furnish their complete REMIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: REMIT PAYMENT TO: • A p COMPANY % 1 (!, '- l al C .. _et( ADDRESS Qr . CITY /STATE /ZIP 9 0\14 i\''Nf40,04 SEND PURCHASE ORDER TO: 7 v COMPANY f ,I. �' ck. A.C .. ADDRESS P,0-. CITY /STATE /ZIP `' r �L ' �� - 1 ' k° TAX IDENTIFICATION NUMBER `1 v 1 O Page 9of16 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Firm N. me Date i ;c�1e1 SQ 1�s Authorized . ignature ¶ itle Name (please print) Telephone ) ( oockc . Email STATE: COUNTY: Jee 1 SUBSCRIBED AND SWORN to before me by the above named La f n J on this the g n �C day of ------ �c -G) 20 , / Q p� GILESHA SERF l i . �e public, State Of Texas . % i z ' � t � ° Notary otary ublic • i % My Commission Expires I 4-0F g6.25�2016 l % RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80 Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001 (1 -a) with a local governmental entity and the person 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 7 business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person who has a business relationship with local governmental entity. 2. 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 7 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Name of a local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the Local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes 1 1 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Descri e each employment or business relationship with the local government officer named in this section. Signature of per n doing b siness with the governmental entity Date Page 11 of 16 GENERAL INFORMATION: NOTE: it is •extremely important that the Vendor, .rider, and /or Contractor furnish the City of fort Arthur the required Information specifiers in Bid .or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s) /substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal " - -For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 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. Page 12 of 16 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 i 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.: Department Ordering, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment_ is due 30 days from the date of the • invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. IbELINQUENT 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, Poi Arthur, TX 77640 Page 13 of 16 • INCORpORATION OF PROVISIONS REtUIRED 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 OtherwisG, any such provision is not inserted or is not correctly inserted the Contract shall be :amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination.. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract • by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE,: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terniinated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port ArthnQefore making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 14 of 16 B , The , i r permit any SUB-CONTRACTS a actor s�z,.7 not execute an �����2�?�:fl. i any slab-contractor or 7� .. sub- contractor to pertain). any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract hall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and /or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or $500,000 each person/$500,000 per occurrence for contracts of $100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or $500,000 each person /$1,000,000 per occurrence for contracts in excess of $100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, • c. Minimum aggregate policy year limit of $1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of $2,000,000 for contracts in excess of $100,000. 3. Commercial Automobile Liability Insurance (Including owned, non -owned and hired. vehicles coverage's). a. Minimum combined single limit of $500,000 per occurrence, for bodily • injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Faun should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. • Page 15 of 16 NOTICE TO PROCEED: IN e to Proceed shall be issued within fl 0) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to 'Proceed cannot be issued within such pe the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Co ntractor 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 16 of 16 Exhibit "E" MATERIALS SUPPLY AGREEMENT Purchase of Petroleum, Oil, and Lubricants THIS AGREEMENT, made this the day of December, 2013, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY ", and Sun Coast Resources, Inc. , hereinafter called "CONTRACTOR ". • WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The Contract shall be for one year from the start date on the Notice to Proceed, with the option to renew for two (2) additional one -year periods. 2. The CONTRACTOR will perform the work as delineated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of CONTRACTOR in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the attached bid, and will be primary or secondary vendor as indicated. 5. This is not an exclusive contract, and the CITY reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the CITY. 6. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) Addenda 4) General Information 5) Specifications 6) Bid 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. SIGNED on the day of , 2013. OWNER: CITY OF PORT ARTHUR BY: Floyd T. Johnson City Manager SIGNED on the day of , 2013. CONTRACTOR: SUN COAST RESOURCES, INC. BY: Purchase of Petroleum, Oil, and Lubricants Description Unit Price Primary Secondary Anti - Freeze Gallon $5.66 Sun Coast Apache Oil, Co. (Ethylene Glycol) Container Resources, Inc. Anti- Freeze Gallon $8.47 Apache Oil Co. Sun Coast (Extended Life) Container Resources, Inc. Automatic Quart 2.05 RelaDyne Spidle & Spidle, Transmission Fluid Container Derrick Oil Co. Inc. Automatic 55 Gallon $300.00 Universal Apache Oil Co. Transmission Fluid Drum Lubricants Chassis Grease 120 Pound $221.66 Universal Apache Oil Co. Pail Lubricants Chassis Grease 14 Ounce $1.95 Universal Apache Oil Co. Tube Lubricants SAE 10W30 Quart $1.95 RelaDyne Apache Oil Co. Engine Oil Container Derrick Oil Co. SAE 15W40 55 Gallon $416.00 Universal Apache Oil Co. Engine Oil Drum Lubricants SAE 15W40 Quart $2.14 Universal Spidle & Spidle, Engine Oil Container Lubricants Inc. SAE 40W Quart $2.65 RelaDyne Apache Oil Co. Engine Oil Container Derrick Oil Co. SAE 80W90 55 Gallon $367.40 Universal RelaDyne Engine Oil Drum Lubricants Derrick Oil Co. SAE 80W90 5 Gallon $42.25 Apache Oil Co. Universal Engine Oil Pail Lubricants ISO 68AW 55 Gallon $341.00 Apache Oil Co. RelaDyne Hydraulic Oil Drum Derrick Oil Co. ISO 68AW 5 Gallon $31.05 Universal RelaDyne Hydraulic Oil Pail Lubricants Derrick Oil Co. Power Steering Quart $1.13 Universal Apache Oil Co. Fluid Container Lubricants TDH Oil 5 Gallon $27.93 Universal RelaDyne Pail Lubricants Derrick Oil Co. Transmission Fluid 55 Gallon $385.00 Universal Tri -Con, Inc. For Transit Drum Lubricants )R1:S "BOBBIE" PI31i`CE, MAY FLO YD T. JOHNSON 6,ERT E. S'BDT; "' 'WILLIAM MAYOR -PRO TEM CITY iYIAi fAGER COUNCIL MEMBERS: t r SHERRI BELLARD RAYMOND SCOTT, JR. `. %t CITY SECRETARY ELIZABETH "LIZ" SEGLER MORRIS ALBRIGHT,11I " VALECIA R. TIZENO ROBERT TROY CITY ATTORNEY WILLIE "RAE" LEWIS, JR. ' .ue • DERRICK FREEMAN �. ?x t s KERRY "TWIN" THOMAS '� SEPTEMBER 16, 2013 INVITATION TO BID PETROLEUM OIL & LUBRICANTS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 2, 2013. (The clock located in the City Secretary's office will be • the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, October 2, 2013 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: Petroleum Oil 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, 4 Floor . PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 • POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 cwilliams@portarthur.net • • • Purchasing Division /Finance Department 1 Purchasing Manager, Shawna Tubbs, CPPO, CPPB P.O. Box 10891444 4 Port Arthur, Texas 776411 409.983.8160 1 Fax 409.983.8291 The enclose 11N! I A T O1'y I STD (IT') and accompanying V.L N E._ INSTRUCTIONS, !CL)1'ji`il TIO S SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bills 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. 1 Shawna Tubbs, CPPO, CPPB . Purchasing Manager • • Page 2 of 16 • Y TA, Tit ON" TO P_CD PETROLEUM OIL & LUBRICI TS (To be :C npl.eted ONLY lF YOU DSO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT N 1 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 sroduct 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 16 SPECIFICATIONS PETROLEUM OILS AND LUBRICANTS Ge:r eral Speciffcztions: This contract shall be in effect for period (1) the � r year the . ew . h ; u_ a 1 U , Od Oi t; �� ll J year. 1 At 1.e �;i�i�. (31 one (1) �' ar s.iiL City may renew this contract for two (2) additional one (1) year periods at the original contract bid amount. There shall be no increase in price should an extension be granted. Any to nips and conditions stated in the original specifications shall apply to any extended periods. Lubricant supplies shall be manufactured from virgin base stock and shall not contain re- refined materials. All supplies will be delivered in sealed drums or manufacturers sealed containers. All containers shall be properly marked in accordance with applicable local, state, and federal regulations and certified that the product meets specification. Delivery time: Orders for manufacturers sealed containers of products placed before 9:00 AM must be delivered by 3:00 PM of the same day. Order for sealed drums of products placed after 9:00 AM must be delivered by 3:00 PM of the next business day. Sealed drums must be pumped into bulk storage tanks at the time of delivery. The successful vendor will be required to shelve delivered packaged products insuring that older stock is rotated for prompt distribution from the storeroom. Failure to meet this specification shall constitute default and the City will reserve the right to terminate any contract. Price information must be submitted on the bid submission sheet. Failure to use the bid submission sheet may be cause for the rejection of your bid. All prices are F.O.B:103 H.O. Mills Boulevard, Port Arthur, Texas 77640 and 320 Dallas Avenue, Port Arthur, Texas 77640. The successful bidder will be required to make product warranty adjustments by 9:00 AM of the next business • day. Failure to meet this specification shall constitute default and the City will reserve the right to terminate said contract. All invoices and delivery tickets must clearly show purchase order number, quantity, item description, unit and extended price. • • Page 4 of 16 Anti - Freeze (Ethylene glycol): Must be a premixed 5 0 single l h ethylene e g 1 free nitrites and amines. This product �. rrr'_�;,..� �/.3 ln� f„' �'i aSe, �,tii f_ >, =1,,, jJ .� �,:�� based product odct tT F,; i r.t_li`.i L.,,._ �.i_3.. _. _ �,L � l:i must be suitable for both automobile and heavy duty d iese l engines and must meet or exceed ASTM D 3306 and _ STNI D 4985 specifications. This product is equivalent to Texaco Startex Antifreeze/Coolant Pre -Mixed 50/50. it will be purchased in one- gallon containers and 55- gallon drums. Anti - Freeze (Extended Life): Must be a premixed 50/50 single phase, propylene glycol based product free of nitrites and amines. This product must be suitable for both automobile and heavy -duty diesel engines with change intervals up to 5- years /100,000 miles. This product is equivalent to Texaco Antifreeze /Coolant ETX- 6280BPR Pre -Mixed 50/50. It will be purchased in one - gallon containers and 55- gallon drums. Automatic Transmission Fluid: Must meet or exceed the requirements of General Motors Corporation for DEXRON II, Ford Motor Company for MERCON (M2C166), and Caterpillar TO -2 fluid. It will be purchased in quart containers and 55- gallon drums. Chassis Grease: Shall be oxidation resistant lithium soap based grease suitable for general automotive use. Shall be designated -as NLGI 2 and EP (extreme pressure). It will be purchased in 120 -pound pails and 14 -ounce cartridges. Engine oil SAE 10W30 Multi-grade: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufacturers. Must meet API classification CE, CD- II -SG, and SF. Must meet or exceed Mil Spec MIL- L -2014E and MIL- L- 46152D. It will be purchased in quart containers. Engine oil SAE 15W40 Multi- grade: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufacturers. Must meet API classification CE, CD- II -SG, and SF. Must meet or exceed Mil Spec MIL- L -2104E and MIL- 1- 46152D. It will be purchased in quart containers and 55- gallon drums. Engine oil SAE 40W: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufactures. Must meet API classification CE, CD- II -SG, and SF. Must'ineet or exceed Mil Spec MIL- L- 2104E. It will be purchased in quart containers. Page 5 of 16 Gear Gil SAE 80W90: Must meet or exceed the requirements for API service GL -5. /lust meet or exceed Mil Spec MIL-L-21 05C. It will be purchased in 5- gallon pails and 55- gallon drums. Hydraulic Fluid (HYD 68 AW): Shall be ISO 68 AW oil with anti -wear, rust and oxidation additives and a foam suppressant. Shall have a CST viscosity of 62.0 at 40 degrees Celsius. Shall have a pour point of -20 degrees Fahrenheit. It will be purchased in 5- gallon pails and 55- gallon drums. Power Steering Fluid: A multipurpose product that is approved for use in all GM, Chrysler, and Ford power steering systems. This product is equivalent to Texaco Power Steering Fluid 11872. It will be purchased in quart containers. Transmission-Differential-Hydraulic Fluid: A common fluid to lubricate the transmission, differential, and hydraulic systems of wheeled type tractors. This product must be equivalent to Texaco TDH Oil Code 1893. It will be purchased in five - gallon pails. Transmission fluid for Transit: This product must be equivalent to Shell Donax TX Transmission Fluid NOTE: Bidders must submit Material Safety Data Sheets (MSDS) for all products with the bid package. Page 6 of 16 Estimated A.mluai U.sag Anti-Freeze (Ethylene Glycol) one- gallon containers 600 gallons Anti - Freeze (Extended Life) one - gallon containers 200 gallons Automatic Transmission Fluid quart containers 1,600 quarts Automatic Transmission Fluid 55- gallon drums 4 drums Chassis Grease 120 -pound pails 5 pails Chassis Grease 14 ounce tubes 140 tubes Engine oil SAE 10W30 Multi -grade quart containers 1,500 quarts Engine oil SAE 15W40 Multi -grade 55- gallon drum containers 17 drums Engine oil SAE 15W40 Multi -grade quart containers 3,300 quarts Engine oil SAE 40W quart containers 1,100 quarts Engine oil SAE 80W90 55- gallon drums 1 drum Engine oil SAE 80W90 5- gallon pails 10 pails Hydraulic oil ISO 68AW 55- gallon drums . - 23 drums Hydraulic oil 130 68AW 5- gallon pails 530 pails Power Steering Fluid quart containers 36 quarts Transmission - Differential - Hydraulic (TDH) oil 5- gallon pails 20 pails ._ Transmission fluid for Transit 55- gallon drums 4 drums Page 7 of 16 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Petroleum Oil & Lubricants BID DUE DATE: October 2, 2013 DESCRIPTION UNIT UNIT COST Anti - Freeze (Ethylene Glycol) one - gallon containers $ 5.66 Anti - Freeze (Extended Life) one- gallon containers $ 8.66 Automatic Transmission Fluid quart containers $ 3.14 Automatic Transmission Fluid 55- gallon drums $ 521.40 Chassis Grease 120 -pound pails $ 255.60 Chassis Grease 14 ounce tubes $ 1.995 Engine oil SAE 10W30 Multi -grade quart containers $ 3.45 Engine oil SAE 15W40 Multi -grade 55- gallon drum containers $ 677.60 Engine oil SAE 1 5 W40 Multi -grade quart containers $ 3.33 Engine oil SAE 40W quart containers $ 3.4125 Engine oil SAE 80W90 55- gallon drums $ 724.00 Engine oil SAE 80W90 5- gallon pails $ 65.80 Hydraulic oil ISO 68AW 55- gallon drums $ 470.80 Hydraulic oil ISO 68AW 5- gallon pails $ 45.55 Power Steering Fluid quart containers $ 4.3125 Transmission- Differential- Hydraulic (TD11) oil 5- gallon pails $ 53.20 Transmission fluid for Transit 55- gallon drums $ 1505.11 Sun Coast Resources, Inc. 6405 Cavalcade Building 1 CO 'ANY NAME STREET ADDRESS KM/ T NATURE OF BIDDER P.O. BOX Lisa Moore Houston, Texas 77026 PRINT OR TYPE NAME CITY STATE ZIP Director of National Sales & Supply (713) 429 - 6702 TITLE AREA CODE TELEPHONE NO. national @suncoastresources.com (713) 969 - 8838 EMAIL FAX NO. Page 8 of 16 BID OPENING DATE: October 2, 2013 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to furnish their complete REMIT TO ADDRESS and TAX. IDENTIFICATION NUMBER as indicated below: REMIT PAYMENT TO: COMPANY Sun Coast Resources, Inc. ADDRESS 6405 Cavalcade - Bld. 1 CITY /STATE /ZIP Houston, Texas 77026 SEND PURCHASE ORDER TO: COMPANY Sun Coast Resources, Inc. ADDRESS 6405 Cavalcade - Bld. 1 CITY /STAT /ZIP Houston, Texas 77026 TAX IDENTIFICATION NUMBER 76- 0143483 Page 9 of 16 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. 1 further agree to pay succeeding debts as they become due. 1 hereby certify that 1 do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. 1 further agree to pay succeeding debts as they become due. 1 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 C. st Resources, Inc. 9/30/2013 it ' me / Date / / a ', Treasurer Aut orized Sign ; ture Title Lisa Smith (713) 844 - 9600 Name (please print) Telephone national@asuncoastresources.com Email STATE: Texas COUNTY: B arr i s , SUBSCRIBED AND SWORN to before me by the above named LIA L.Syvj t SU y on this the day of •J) 1 , i 13 4 1 o ii COURTNEY COLETTE DAVIS , ' � 7 ` �5 Notary Public, State of Texas otary Public .W6 ; 1.1 My Commission Expires rt o■ October 26, 2016 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 ofl6 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Log., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1 -a) with a local governmental entity and the person 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 person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. J Name of person who has a business relationship with local governmental entity. J )� Coa5f Res,00srce) 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 the originally filed questionnaire becomes incomplete or inaccurate.) Name of local government officer with filer ler has employment or business relationship. tv ji [ ame of Officer This section (item 3 including subparts A, 8, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1 -a), Local Government Code. Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? I Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. r o ./ 0/ Signa re of person doing business with the governmental entity Dale Adopted 06/29/2007 GENERAL :INFORMATION: NOTE: It is ,extremely important that the 'Vendor, Bidder, aiid/nr Contractor furnish th,e City of Fort Arthur the required information specified :L Biel 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, responsiblebidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to .accept such bids as it shall deem to be in the best interests of the City. • 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal " - -For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STAN I ARDS 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. Page 12 of 16 • y ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be mad 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 fl 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.: Department Ordering, P.O. Box 1089, Port Arthur, Texas 77641. • PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment, is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. 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 Page 13 of 16 INCORPORATION OF PROiSONS RE UIRED 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 inseition on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. - TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish rereases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 14 of 16 SUB - CONTRACTS The iC actor shall not execute an n erg_;. e i` any sub-contractor or permit any r sub- contractor to perfoith any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. 3i' SUTRANC : All insurance must be written by ar, insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and /or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or $500,000 each person/$500,000 per occurrence for contracts of $100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or $500,000 each person /$1,000,000 per occurrence for contracts in excess of $100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, • c. Minimum aggregate policy year limit of $1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of $2,000,000 for contracts in excess of $100,000. 3. . Commercial Automobile Liability Insurance (Including owned, non -owned and hired vehicles coverage's). a. Minimum combined single limit of $500,000 per occurrence, for bodily • injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required . (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. Page 15 of 16 NOTICE TO PROCEED: .:;e to Proceed shall be issued within (10) days of th,2, execution of ti Contract by MATNER. 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 16 of 16 Exhibit "F" MATERIALS SUPPLY AGREEMENT Purchase of Petroleum, Oil, and Lubricants THIS AGREEMENT, made this the day of December, 2013, 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 ". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The Contract shall be for one year from the start date on the Notice to Proceed, with the option to renew for two (2) additional one -year periods. 2. The CONTRACTOR will perform the work as delineated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of CONTRACTOR in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the attached bid, and will be primary or secondary vendor as indicated. 5. This is not an exclusive contract, and the CITY reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the CITY. 6. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) Addenda 4) General Information 5) Specifications 6) Bid 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. SIGNED on the day of , 2013. OWNER: CITY OF PORT ARTHUR BY: Floyd T. Johnson City Manager SIGNED on the day of , 2013. CONTRACTOR: TRI -CON, INC. BY: Purchase of Petroleum, Oil, and Lubricants Description Unit Price Primary Secondary Anti- Freeze Gallon $5.66 Sun Coast Apache Oil, Co. (Ethylene Glycol) Container Resources, Inc. Anti- Freeze Gallon $8.47 Apache Oil Co. Sun Coast (Extended Life) Container Resources, Inc. Automatic Quart 2.05 RelaDyne Spidle & Spidle, Transmission Fluid Container Derrick Oil Co. Inc. Automatic 55 Gallon $300.00 Universal Apache Oil Co. Transmission Fluid Drum Lubricants Chassis Grease 120 Pound $221.66 Universal Apache Oil Co. Pail Lubricants Chassis Grease 14 Ounce $1.95 Universal Apache Oil Co. Tube Lubricants SAE 10W30 Quart $1.95 RelaDyne Apache Oil Co. Engine Oil Container Derrick Oil Co. SAE 15W40 55 Gallon $416.00 Universal Apache Oil Co. Engine Oil Drum Lubricants SAE 15W40 Quart $2.14 Universal Spidle & Spidle, Engine Oil Container Lubricants Inc. SAE 40W Quart $2.65 RelaDyne Apache Oil Co. Engine Oil Container Derrick Oil Co. SAE 80W90 55 Gallon $367.40 Universal RelaDyne Engine Oil Drum Lubricants Derrick Oil Co. SAE 80W90 5 Gallon $42.25 Apache Oil Co. Universal Engine Oil Pail Lubricants ISO 68AW 55 Gallon $341.00 Apache Oil Co. RelaDyne Hydraulic Oil Drum Derrick Oil Co. ISO 68AW 5 Gallon $3 1.05 Universal RelaDyne Hydraulic Oil Pail Lubricants Derrick Oil Co. Power Steering Quart $1.13 Universal Apache Oil Co. Fluid Container Lubricants TDH Oil 5 Gallon $27.93 Universal RelaDyne Pail Lubricants Derrick Oil Co. Transmission Fluid 55 Galion $385.00 Universal Tri -Con, Inc. For Transit Drum Lubricants "BOBBIE" P INCE, 1�✓ �'� - � �� �_^� "BOB" r �/ � . PRO T ry ,� r i +1,�� L �, /C.',Jq'1 MANAGER U ER E. "O" WILLI M✓ON ,� MAYOR PRO TEM 1 �" CITY �Y3_''\l'9AGER COUNCIL MEMBERS: — z SHERRI BELLARD RAYMOND SCOTT, JR. CITY SECRETARY ELIZABETH "LIZ" SEGLEI3 iVIOR IS ALB SIGHT, III r V;-'k.LECi A R. F=NO ROBERT 'ROY t CITY ATTORNEY WILLIE IE " AE LEWIS, e� o r" : F t it rr r' C$I V'VILLIE' "BAE" 'LS RJR. „ DERRICK FREEMAN �,,. KERRY "TWIN" THOMAS ,k!rs KERR " WI " 7HOMAS SEPTEMBER 16, 2013 INVITATION TO BID PETROLEUM OIL & LUBRICANTS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 2, 2013. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, October 2, 2013 in the City Council Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: Petroleum Oil 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, 4 Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 cwilliams@portarthur.net Purchasing Division /Finance Department I Purchasing Manager, Shawna Tubbs, CPPO, CPPB P.O. Box 1089 1 444 4th Street I Port Arthur, Texas 77641 1 409.983.8160 I Fax 409.983.8291 The, . . iclosvd INVITATION I 3ID f ITB' and accompany in 2 GENE, d lNS i u l ICil S, CO IDI i TC%I'`IS 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 fire 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. 1 • L_ '\N ( Shawna Tubbs, CPPO, CPPB Purchasing Manager • • • • • Page 2of16 • Il\TYITA FThO.i'- TO BID PETROLEUM O L & LUBRICANTS (To be Campleter1 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. k 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 16 SPECIFICATIONS •i■ OR PETROLEUM UM OILS AND LUBRICANTS C•eneni Sped:3en:dons: effect This contract for (1) the may renew this hcontract �iy. in a:;i i�^._' a period �;1 one (1) year. ,�� i the end of one 4� year 'il City �.al renew � ills contract for two (2) additional one (1) year periods at the original contract bid amount. There shall be no increase, in price should an extension be granted. Any terms and conditions stated in the original specifications shall apply to any extended periods. Lubricant supplies shall be manufactured from virgin base stock and shall not contain re- refined materials. All supplies will be delivered in sealed drums or manufacturers sealed containers. All containers shall be properly marked in accordance with applicable local, state, and federal regulations and certified that the product meets specification. Delivery time: Orders for manufacturers sealed containers of products placed before 9:00 AM must be delivered by 3:00 PM of the same day. Order for sealed drums of products placed after 9:00 AM must be delivered by 3:00 PM of the next business day. Sealed drums must be pumped into bulk storage tanks at the time of delivery. The successful vendor will be required to shelve delivered packaged products insuring that older stock is rotated for prompt distribution from the storeroom. Failure to meet this specification shall constitute default and the City will reserve the right to terminate any contract. Price information must be submitted on the bid submission sheet. Failure to use the bid submission sheet may be cause for the rejection of your bid. All prices are F.O.B:103 H.O. Mills Boulevard, Port Arthur, Texas 77640 and 320 Dallas Avenue, Port Arthur, Texas 77640. The successful bidder will be required to make product warranty adjustments by 9:00 AM of the next business day. Failure to meet this specification shall constitute default and the City will reserve the right to terminate said contract. • All invoices and delivery tickets must clearly show purchase order number, quantity, item description, unit and extended price. • • Page 4 of 16 Anti - Freeze (Ethylene Glycol): Must be a premixed 50/50 single phase, ethylene glycol rased product free of nitrites and amines. This product must be suitable for both automobile and ,e.v-"-�{ t diesel engines and or exceed ASTM D 3306 1� c ? ?� �' 1/f '•di.1�.1 %._.,s'1 �gi l.,s altl must rrieet ti e�SC and ASTM D 4985 specificatio product v ler Texaco Startex An itre.eze/Ccoiant Pre-Mixed specifications. This p�oc:,act i equivalent to T e 50/50. it will be purchased in one - gallon containers and 55- gallon drums. Anti-Freeze (Extended Life): Must be a premixed 50/50 single phase, propylene glycol based product free of nitrites and amines. This product must be suitable for both automobile and heavy -duty diesel engines with change intervals up to 5- years /100,000 miles. This product is equivalent to Texaco Antifreeze /Coolant ETX- 6280BPK Pre -Mixed 50/50. It will be purchased in one - gallon containers and 55- gallon drums. Automatic Transmission Fluid: Must meet or exceed the requirements of General Motors Corporation for DEXRON II, Ford Motor Company for MERCON (M2C166), and Caterpillar TO -2 fluid. It will be purchased in quart containers and 55- gallon drums. Chassis Grease: Shall be oxidation resistant lithium soap based grease suitable for general automotive use. Shall be designated as NLGI 2 and EP (extreme pressure). It will be purchased in 120 -pound pails and 14 -ounce cartridges. Engine oil SAE 10W30 Multi-grade: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufacturers. Must meet API classification CE, CD- II -SG, and SF. Must meet or exceed Mil Spec MIL- L -2014E and MIL- L- 46152D. It will be purchased in quart containers. Engine oil SAE 15W40 Multi - grade: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufacturers. Must meet API classification CE, CD- II -SG, and SF. Must meet or exceed Mil Spec MIL- L -2104E and MIL- 1- 46152D. It will be purchased in quart containers and 55- gallon drums. Engine oil SAE 40W: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the perfolluance requirements of domestic gasoline and diesel manufactures. Must meet API classification CE, CD- II -SG, and SF. Must meet or exceed Mil Spec MIL- L- 2104E. It will be purchased in quart containers. Page 5 of 16 Gear Oil SAE 80W90: Must ?meet or exceed the requirements for APT service GL -5. Must meet or exceed Mil Spec MIL- L- 2105C. It will be purchased in 5- gallon pails and 55- gallon drums. Hydraulic Fluid (HYD 68 A` V): Shall be ISO 68 AW oil with anti -wear, rust and oxidation additives and a foam suppressant. Shall have a CST viscosity of 62.0 at 40 degrees Celsius. Shall have a pour point of -20 degrees Fahrenheit. It will be purchased in 5- gallon pails and 55- gallon drums. Power Steering Fluid: A multipurpose product that is approved for use in all GM, Chrysler, and Ford power steering systems. This product is equivalent to Texaco Power Steering Fluid 11872. It will be purchased in quart containers. Transmission- Differential - Hydraulic Fluid: A common fluid to lubricate the transmission, differential, and hydraulic systems of wheeled type tractors. This product must be equivalent to Texaco TDH Oil Code 1893. It will be purchased in five- gallon pails. Transmission fluid for Transit: This product must be equivalent to Shell Donax TX Transmission Fluid • NOTE: Bidders must submit Material Safety Data Sheets (MSDS) for all products with the bid package. • • Page 6 of 16 Estimated Annua ,Lisagti Anti -recze (Ethylene 'Glycol) one- gallon containers 600 gallons Anti- Freeze (Extended Life) one - gallon containers 200 gallons Automatic Transmission Fluid quart containers 1,600 quarts Automatic Transmission Fluid 55- gallon drums 4 drums Chassis Grease 120 - pound pails 5 pails • Chassis Grease 14 ounce tubes 140 tubes • Engine oil SAE 10W30 Multi -grade quart containers 1,500 quarts Engine oil SAE 15W40 Multi -grade 55- gallon drum containers 17 drums Engine oil SAE 15W40 Multi -grade quart containers 3,300 quarts Engine oil SAE 40W quart containers 1,100 quarts Engine oil SAE 80W90 55- gallon drums 1 drum Engine oil SAE 80W90 5- gallon pails 10 pails Hydraulic oil ISO 68AW 55- gallon drums 23 drums Hydraulic oil ISO 68AW 5- gallon pails 530 pails Power Steering Fluid quart containers 36 quarts Transmission - Differential- Hydraulic (TDH) oil 5- gallon pails 20 pails ._. - Transmission fluid for Transit 55- gallon drums 4 drums Page 7 of 16 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Petroleum Oil & Lubricants BID DUE DATE: October 2, 2013 DESCRIPTION UNIT UNIT COST Anti- Freeze (Ethylene Glycol) one - gallon containers $ /D.'/" / !o .&6x. eine Anti- Freeze (Extended Life) one - gallon containers $.0 / G ,o c4 se Automatic Transmission Fluid quart containers $ o?. 70 / qr. /cAse Automatic Transmission Fluid 55- gallon drums $ 6 - 32. '`/ —° Chassis Grease 120 -pound pails $ 4.2 !o/. 6 -- 1 Chassis Grease 14 ounce tubes $ d ° 3 c7 / /0,H3oc Engine oil SAE 10W30 Multi -grade quart containers $ . . f /,z QT /e.4 Engine oil SAE 15W40 Multi -grade 55- gallon drum containers $ 4,4 42 ' Engine oil SAE 15W40 Multi -grade quart containers $ 4 2,63 / /a Qr /eA,se Engine oil SAE 40W quart containers $ a?. 64 /42 qr 4/156 Engine oil SAE 80W90 55- gallon drums $ 6-6-77. S I Engine oil SAE 80W90 5- gallon pails $ ‘0. I/ Hydraulic oil ISO 68AW 55- gallon drums $ 3 77 4 Hydraulic oil ISO 68AW 5- gallon pails $ 37. g Power Steering Fluid quart containers $ 4/1 Transmission - Differential - Hydraulic (TDH) oil 5- gallon pails $ 47 Transmission fluid for Transit 55- gallon drums $ 825 Z/- Cw =tic__ 707 f a ,,.A2.0,. A COMPANY NAME STREET ADDRESS N i - AL_- f,L „205-5--s SIGNATURE OF BIDDER P.O. BOX �A0;D M. ac./14, /,r 77 7772. PRINT OR TYPE NAME CITY STATE ZIP �„ �O�f Jam 1 9 g3S• 22.31 TITLE AREA CODE TELEPHONE NO. DA @ re, cod iac. 014 5ivg 638 • /92ii'5 EMAIL FAX NO. Page 8 of 16 BID OPENING DATE: October 2, 2013 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to furnish their complete REMIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: REMIT PAYMENT TO: COMPANY . /(2 / - ADDRESS /qa. Aeoe 20 SS - 5 CITY /STATE /ZIP Ai 776 77120 SEND PURCHASE ORDER TO: COMPANY ./ 2 - &✓ ADDRESS A. 4 705 CITY /STATE /ZIP A 1 77724D TAX IDENTIFICATION NUMBER 741 - /Z '1 9 Page 9 of 16 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. /- ea,/ /%/r. gal 3.20/3 Firm Name Date "horized Signature Title - 9iii.i) Al. pule, '49. 833- 2z3 Name (please print) Telephone >)A' a iilex. @ 7721 Co /i,/ c 646 Email STATE: 16?s COUNTY: i ' LA114 t i /. SUBSCRIBED AND SWORN to before me by the above named / _' on this the a J4.ti day of 5filfinheZ, 20 , , 1 ITZ�`/ Not , f r . u s lie RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL MEGAN RAE WATKINS • ∎ p ^ = Notary Publ State of Texas i rt.... .- 4,1 My Commission Expires 1 ;, a,;‘; September 26, 2015 Page 10 of 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80 Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001 (1 -a) with a local governmental entity and the person 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 7 business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person who has a business relationship with local governmental entity. tVoide 2. I I Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Name of a local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the Local government Officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. 4. 1 90/3.10/3 Si ' • . ure of person doing business with the governmental entity Date Page 11 of 16 GENERAL INFORMATION: NOTE: It is extremely important that the 'Ven.rLor Bidder, and /or Corr.tra for furnish the City of Port Arthur the required information specified in Bid or Proposul Spe.cificntions listed ill this Bid Reckzge, All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s) /substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these • specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject. any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal " - -For the purpose of this IT3, the terms "Bid" and Proposal" shall be equ.ival ent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. ° 2. Have a satisfactory record of performance. 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. Page 12 of 16 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 addendurns that might have been issued before bid closing date and time. PORT ARTHUR F INCIPAL 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.: Department Ordering, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. • COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. 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 Artti ur 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 Page 13 of 16 INCORPORATION OF PROVISIONS REQUIRED Y 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 work manlike 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 perfotui 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. TER10'IINATION 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 (l 5) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract • by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set -off until such time as the exact amount of damages due the City from the Contractor is determined. TER10'IINATION 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 pa vents 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 perfomed until completion and final acceptance by - the City. Page 14 of 16 u ; permit any ,S152)-CONTACTS: The �.� actor snail 11;!t execute an = �greei7"rl'! di any s�iJ. +.�r�rractvr �.� _{� 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: NCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and /or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of there, or by anyone for whose acts any of there may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or $500,000 each person/$500,000 per occurrence for contracts, of $100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or $500,000 each person /$1,000,000 per occurrence for contracts in excess of $100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of $1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of $2,000,000 for contracts in excess of $100,000. 3. Commercial Automobile Liability Insurance (Including owned, non -owned and hired vehicles coverage's). a. Minimum combined single limit of $500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Forin (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. Page 15of16 • NOTICE TO PROCEED: I\ e to Proceed shall be issued jithiFL (10) days of the execution of die Contract by MATNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between \N1N 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 16 of 16 Exhibit "G" 8. IN WITNESS WHEREOF, the parties here to have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original of the date first written above. SIGNED on the day of , 2013. OWNER: CITY OF PORT ARTHUR BY: Floyd T. Johnson City Manager SIGNED on the day of , 2013. CONTRACTOR: UNIVERSAL LUBRICANTS BY: MATERIALS SUPPLY AGREEMENT Purchase of Petroleum, Oil, and Lubricants THIS AGREEMENT, made this the day of December, 2013, 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 Universal Lubricants , hereinafter called "CONTRACTOR ". WITNESSED: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The Contract shall be for one year from the start date on the Notice to Proceed, with the option to renew for two (2) additional one -year periods. 2. The CONTRACTOR will perform the work as delineated in the Scope of Work and Specifications attached hereto. 3. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of CONTRACTOR in the Specifications and Scope of Work. 4. The CONTRACTOR agrees to supply the materials described in the specifications and contract documents at the unit prices shown in the attached bid, and will be primary or secondary vendor as indicated. 5. This is not an exclusive contract, and the CITY reserves the right to purchase these materials from any of the vendors awarded this contract based firstly, on price and secondly, on availability, according to the needs of the CITY. 6. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) Addenda 4) General Information 5) Specifications 6) Bid 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Purchase of Purchase of Petroleum, Oil, and Lubricants Description Unit Price Primary Secondary Anti - Freeze Gallon $5.66 Sun Coast Apache Oil, Co. (Ethylene Glycol) Container Resources, Inc. Anti- Freeze Gallon $8.47 Apache Oil Co. Sun Coast (Extended Life) Container Resources, Inc. Automatic Quart 2.05 RelaDyne Spidle & Spidle, Transmission Fluid Container Derrick Oil Co. Inc. Automatic 55 Gallon $300.00 Universal Apache Oil Co. Transmission Fluid Drum Lubricants Chassis Grease 120 Pound $221.66 Universal Apache Oil Co. Pail Lubricants Chassis Grease 14 Ounce $1.95 Universal Apache Oil Co. Tube Lubricants SAE 10W30 Quart $1.95 RelaDyne Apache Oil Co. Engine Oil Container Derrick Oil Co. SAE 15W40 55 Gallon $416.00 Universal Apache Oil Co. Engine Oil Drum Lubricants SAE 15W40 Quart $2.14 Universal Spidle & Spidle, Engine Oil Container Lubricants Inc. SAE 40W Quart . $2.65 RelaDyne Apache Oil Co. Engine Oil Container Derrick Oil Co. SAE 80W90 55 Gallon $367.40 Universal RelaDyne Engine Oil Drum Lubricants Derrick Oil Co. SAE 80W90 5 Gallon $42.25 Apache Oil Co. Universal Engine Oil Pail Lubricants ISO 68AW 55 Gallon $341.00 Apache Oil Co. RelaDyne Hydraulic Oil Drum Derrick Oil Co. ISO 68AW 5 Gallon $31.05 Universal RelaDyne Hydraulic Oil Pail Lubricants Derrick Oil Co. Power Steering Quart $1.13 Universal Apache Oil Co. Fluid Container Lubricants TDH Oil 5 Gallon $27.93 Universal RelaDyne Pail Lubricants Derrick Oil Co. Transmission Fluid 55 Gallon $385.00 Universal Tri -Con, Inc. For Transit Drum Lubricants Ri ::1 .OBBIE• PRINCE, NIA FLO YD T. JOHNSON ERT E. "BOB" WILLIAMSON, MAYOR PRO ;[• i4 y ,1 CITY MANAGER COUNCIL MEMBERS: r/ r SHERRI BELLARD RAYMOND SCOTT, .1R. °�� 1 • CITY SECRETARY ELIZABETH "LIZ" SIGLER MOFRIS ALB IGHT, 311 YALECIA R. I lZEN•O ROBERT TROY r r �o CITY AT ORN WILLIE 3 LEWIS, gay o r 4 , r t la r r , WILLIE "BAE" LEWI JR. DERRICK FREEMAN KERRY "TWIN" THOMAS SEPTEMBER 16, 2013 INVITATION � Gam. �_ TO BID p PETROLEUM OIL LUBRICANTS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 2, 2013. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, October 2, 2013 in the City Council Chambers, City Hall, 5th, Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: Petroleum Oil 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, 4 Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writin to: City of Port Arthur, TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 cwilliams @portarthur.net Purchasin: Division Finance De • artrnent Purchasin: Mana ter Shawna Tubbs CPPO CPPB P.O. Box 10891444 4th Street' Port Arthur, Texas 776411 409.983.8160 1 Fax 409.983.8291 T' � � -� � P T � , ,,� . � -, , � � _. `, 7 , -. - CONDITIONS .iii: enclosed JN � Iir IOi'°.I i 3ID (ITB) and accompany i�' '^�E v : �`'lST��.L�C i 01 S, SPECIFICATIONS, are for your convenience in submitting bids for the enclosed reverenced ser/ices for the City of Port Arthur. Bids must be signed by a person having authority to bind the fine 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. r Shawna Tubbs, CPPO, CPPB Purchasing Manager • • • • • Page 2of16 INN l T ATI C)y 'T0 BID PETROLEUM OIL & LUBRICANTS (To be Completed ONLY IF YOB DO 11OT 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: O � Page 3 of 16 SPE CHIC AT ION S 1' OR PETROLEUM OILS AND LUBRICANTS 'General Specifications; This contract shall be in effect for a period of one (1) year. At the end of one (1) year the City may renew this contract for two (2) additional one (1) year periods at the original contract bid amount. There shall be no increase in price should an extension be granted. Any terms and conditions stated in the original specifications shall apply to any extended periods. Lubricant supplies shall be manufactured from virgin base stock and shall not contain re-refined materials. All supplies will be delivered in sealed drums or manufacturers sealed containers. All containers shall be properly marked in accordance with applicable local, state, and federal regulations and certified that the product meets specification. Delivery time: Orders for manufacturers sealed containers of products placed before 9:00 AM must be delivered by 3:00 PM of the same day. Order for sealed drums of products placed after 9:00 AM must be delivered by 3:00 PM of the next business day. Sealed drums must be pumped into bulk storage tanks at the time of delivery. The successful vendor will be required to shelve delivered packaged products insuring that older stock is rotated for prompt distribution from the storeroom. Failure to meet this specification shall constitute default and the City will reserve the right to terminate any contract. Price information must be submitted on the bid submission sheet. Failure to use the bid submission sheet may be cause for the rejection of your bid. All prices are F.O.B:103 H.O. Mills Boulevard, Port Arthur, Texas 77640 and 320. Dallas Avenue, Port Arthur, Texas 77640. The successful bidder will be required to make product warranty adjustments by 9:00 AM of the next business • day. Failure to meet this specification shall constitute. default and the City will reserve the right to terminate said contract. All invoices and delivery tickets must clearly show purchase order number, quantity, item description, unit and extended price. • Page 4 of 16 Anti-Freeze (Ethylene Glycol): Must be a premixed 50/50 single phase, ethylene glycol based product free of nitrites and amines. This product must be suitable for both automobile and heavy -duty diesel engines and must meet or exceed ASTM D 3306 and a %� 4985 T ro } xi Startex A_i�r .ems C (mot{ y y nd /' ST�'. D 'J� �.� 111.�v` product l> 1�: .�.J equivalent LC Texaco ex lti �� �± � � 1 Tf aL1.i /LL'lilal�t Pre-Mixed 50/50. It will be purchased in one- gallon containers and 55- gallon dnims. Anti - Freeze (Extended Life): Must be a premixed 50/50 single phase, propylene glycol based product free of nitrites and amines. This product must be suitable for both automobile and heavy -duty diesel engines with change intervals up to 5- years /100,000 miles. This product is equivalent to Texaco Antifreeze /Coolant ETX- 6280BPK Pre -Mixed 50/50. It will be purchased in one- gallon containers and 55- gallon drums. Automatic Transmission Fluid: Must meet or exceed the requirements of General Motors Corporation for DEXRON II, Ford Motor Company for MERCON (M2C166), and Caterpillar TO -2 fluid. It will be purchased in quart containers and 55- gallon drums. Chassis Grease: Shall be oxidation resistant lithium soap based grease suitable for general automotive use. Shall be designated as NLGI 2 and EP (extreme pressure). It will be purchased in 120 -pound pails and 14 -ounce cartridges. Engine oil SAE 10W30 Multi- grade: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufacturers. Must meet API classification CE, CD- II -SG, and SF. Must meet or exceed Mil Spec MIL- L -2014E and MIL- L- 46152D. It will be purchased in quart containers. Engine oil SAE 15W40 Multi - grade: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufacturers. Must meet API classification CE, CD- II -SG, and SF. Must meet or exceed Mil Spec MIL- L -2104E and MIL- 1- 46152D. It will be purchased in quart containers and 55- gallon drums. Engine oil SAE 40W: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufactures. Must meet API classification CE, CD- II -SG, and SF. Must meet or exceed Iv l Spec MIL- L- 2104E. It will be purchased in quart containers. Page 5 of 16 Gear Oil SAE 80%%90: Must meet or exceed the requirements for API service GL -5. Mast meet or exceed Mil Spec MIL- L- 2105C. It will be purchased in 5- gallon pails and 55- gallon drarns. Hydraulic Fluid (HYD 68 AV'): Shall be ISO 68 AW oil with anti -wear, rust and oxidation additives and a foam suppressant. Shall have a CST viscosity of 62.0 at 40 degrees Celsius. Shall have a pour point of -20 degrees Fahrenheit. It will be purchased in 5- gallon pails and 55- gallon drums. Power Steering Fluid: A multipurpose product that is approved for use in all GM, Chrysler, and Ford power steering systems. This product is equivalent to Texaco Power Steering Fluid 11872. It will be purchased in quart containers. Transmission - Differential - Hydraulic Fluid: A common fluid to lubricate the transmission, differential, and hydraulic systems of wheeled type tractors. This product must be equivalent to Texaco TDH Oil Code 1893. It will be purchased in five- gallon pails. Transmission fluid for Transit: This product must be equivalent to Shell Donax TX Transmission Fluid NOTE: Bidders must submit Material Safety Data Sheets (MSDS) for all products with the bid package. • Page 6 of 16 Estirmiltefi I AnnlaBl ). . Anti-Freeze (Ethylene Glycol) one-gallon containers 600 gallons Anti - Freeze (Extended Life) one- gallon containers 200 gallons Automatic Transmission Fluid quart containers 1,600 quarts Automatic Transmission Fluid 55- gallon drums 4 drums Chassis Grease 120 -pound pails 5 pails • Chassis Grease 14 ounce tubes 140 tubes Engine oil SAE 10W30 Multi -grade quart containers 1,500 quarts Engine oil SAE 15W40 Multi -grade 55- gallon drum containers 17 drums Engine oil SAE 15W40 Multi -grade quart containers 3,300 quarts Engine oil SAE 40W quart containers 1,100 quarts Engine oil SAE 80W90 55- gallon drums • 1 drum Engine oil SAE 80W90 5- gallon pails 10 pails Hydraulic oil ISO 68AW 55- gallon drums . 23 drums Hydraulic oil ISO 68AW 5- gallon pails 530 pails Power Steering Fluid quart containers 36 quarts Transmission - Differential - Hydraulic (TDH) oil 5- gallon pails 20 pails Transmission fluid for Transit 55- gallon drums 4 drums Page 7 of 16 CITY OF PORT ARTHUR, TEXAS DID SHEET BID FOR: Petroleum Oil & Lubricants DID DUE DATE: October 2, 2013 DESCRIPTION UNIT UNIT COST Anti - Freeze (Ethylene Glycol) one - gallon containers $ ci) — Anti - Freeze (Extended Life) one - gallon containers $ i3 G L Automatic Transmission Fluid quart containers $ a. so %l. 4 i5 lease (c /18 :..S Automatic Transmission Fluid 55- gallon drums $ 30a A41.4.- #sy5/ //- Chassis Grease 120 -pound pails $ .2 Rl `-k. Chassis Grease 14 ounce tubes $ /: 9,57 $ 7 / (y'o / °Z5 Engine oil SAE 10W30 Multi -grade quart containers $ /, S I i lz . i. ' 77/ i _ '2 /13 fi } Engine oil SAE 15W40 Multi -grade 55- gallon drum containers $ A fi6 - /ii„. Engine oil SAE 15W40 Multi - grade quart containers $.. /`i I .25.Gr /,rte -' /'s Engine oil SAE 40W quart containers $ — Engine oil SAE 80W90 55- gallon drums $ 347 `� /_./.e -w- Engine oil SAE 80W90 5- gallon pails $ NG. 66. //),,/ Hydraulic oil ISO 68AW 55- gallon drums $ 357 . 1,-.4..-,-- Hydraulic oil ISO 68AW 5- gallon pails $ 3/. 06 / Power Steering Fluid quart containers $ 1. /3/. 4 i3.54 (141/6 Transmission - Differential - Hydraulic (TDH) oil 5- gallon pails $ _2 7- g& /) o,• / Transmission fluid for Transit 55- gallon drums $ 3 65/ d- UniUUSaI Lbritan� 1.1-e 2-62-l-/ "-e- 0A/0 COMPANY NAME STREET ADDRESS �,�r..4 - �•C). i ez•R z92-0 SIGNATURE 0 : IDDER P.O. BOX Mkt-1 Oct sg. klet_6°A. , .tc te. VS Liza( PRINT OR TYPE NAME CITY STATE ZIP \ls 3 t 6 8- D.- ML O TITLE AREA CODE TELEPHONE NO. tigr il∎AGAMe untVc rcal /.-6ts . w,i. gltm 0 °,3 a - 3 EMAIL FAX NO. Page 8 of 16 DID OPENING DATE: October 2, 2013 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to furnish their complete REMIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: REMIT PAYMENT TO: COMPANY Of‘■4e -tSa1 1,4,6*a, V„ L C ADDRESS ZR, -P /•/ a,b CITY /STATE /ZIP \t4G,.i b '1040 SEND PURCHASE ORDER TO: COMPANY J iveizso ADDRESS /G'4 ,3'8 CITY /STATE /ZIP • f 1 ,,e/rn - ?1 33 ��i ?Q -� �3D - &,Z 67, TAX IDENTIFICATION NUMBER 20 — 15075tpi3 Page 9 of 16 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Firm Name Date Aut orized Signature Title Name (please print) Telephone 41.--1 U rt i V{-r S Gl . , ,� Email STATE: Ce S COUNTY: Se.tua SUBSCRIBED AND SWORN to before me by the above named tAietio ,1 t . idtelor i I� on this the j� day of cS , 20 / Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 10 of 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80` Leg., .Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001 (I -a) with a local governmental entity and the person 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 7 business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person who has a business relationship with local governmental entity. 2. 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 7 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Name of a local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes i' No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes / No D. Describe each employment or business relationship with the local government officer named in this section. 4... 'J 3 7/17 Signature of person doi s ess with the governmental entity Dat Page 11 of 16 msDs Material Safety Data Sheet SERVICE PRO POWER STEERING FLUID SP2263 MSDS Number: SP2263 Revision Date: 08/08/2007 Page 1 of 4 PRODUCT AND COMPANY IDENTIFICATION Manufacturer AIOD ASSOCIATION OF INDEPENDENT OIL DISTRIBUTORS P.O. Box 1861 MONTROSE, CO 81402 Contact: Telephone Number:(970) 249 -6336 FAX Number: (970) 240 -4131 E -Mail: Web Product Name: SERVICE PRO POWER STEERING FLUID SP2263 Revision Date: 08/08/2007 MSDS Number: SP2263 Common Name: POWER STEERING FLUID CONTAINING PETROLEUM DISTILLATES EMERGENCY PHONE NUMBER (800) 752 -7869 NFPA 704M RATING : HEALTH:1 FIRE:1 REACTIVITY: 0 SPECIAL: O= INSIGNIFICANT 1= SLIGHT 2= MODERATE 3 =HIGH 4= EXTREME 2 . , COMPOSITION /INFORMATION ON INGREDIENTS INGREDIENT CAS NUMBER PERCENT WEIGHT SOLVENT REFINED,HYDROTREATED PARAFFINIC DISTILLATE 64741 -88 -1 60 % -75% MIXED BASE SOLVENT EXTRACTED NAPHTHENIC DISTILLATE 61742 -53 -6 25 % -35% - 3 HAZARDS IDENTIFICATION Route of Entry: Skin absorption and inhalation Target Organs: Lungs, kidneys, liver and nervous system. Inhalation: Respiratory irritation and dizziness Skin Contact: Prolonged contact with skin can cause irritation. Repeated skin contact may cause persistent irritation and dermatitis Eye Contact: Will cause irritation upon contact. Ingestion: Product may cause discomfort, nausea,vomiting and diarrhea. CARCINOGENICITY: Product is not considered a carcinogen by OSHA, NTP or IARC. MEDICAL CONDITIONS: Pre - existing eye or skin conditions may be aggravated by over - exposure to this product. MSDS Safety Data Sheet SERVICE PRO POWER STEERING FLUID SP2263 MSDS Number: SP2263 Revision Date: 08/08/2007 Page 2 of 4 4 FIRST AID MEASURES Inhalation: Remove to fresh air. If not breathing, give artificial respiration. Seek medical attention. Inhalation hazard unlikely due to low volatility of product. Skin Contact: Wash area with soap and water. seek medical attention if irritation persists Eye Contact: Immediately flush eyes with plenty of water for 15 minutes. Seek medical attention. Ingestion: DO NOT induce vomiting. Only give CONSCIOUS victim two glasses of water and seek medical attention. NEVER give UNCONSCIOUS anything by mouth. 5 FIRE FIGHTING MEASURES Flash Point: >335 F Flash Point Method: TCC EXTINGUISHING MEDIA: Carbon Dioxide ( CO2) Dry Chemical, Foam. UNUSUAL FIRE AND EXPLOSION HAZARDS: Vapors are heavier than air and can collect in low areas FIRE FIGHTING INSTRUCTIONS: Containers can build up pressure if exposed to fire. Containers should be cooled with water supply. FIRE FIGHTING EQUIPMENT: Self- contained breathing apparatus with full face piece operated in positive pressure mode. 6 ACCIDENTAL RELEASE MEASURES SPILL /LEAK PROCEDURES: Notify safety personnel ,evacuate all unnecessary personnel and provide adequate ventilation. If feasible, and without risk,clean -up personnel should stop leak. All clean up personnel should wear proper personal protective equipment. SMALL SPILLS:Clean with inert absorbent and place in recovery drums for disposal. LARGE SPILLS: Dike to prevent further migration of material. DO NOT release into waterways or sewers. Follow applicable federal and state regulations. 7 HANDLING AND STORAGE Handling Precautions: Wash thoroughly after handling. Do not get into eyes, on skin or on clothing.. Do not smoke while using this product.Do not use near excessive heat, sparks, or open flame. Storage Requirements: Store in clean, dry locations away from excessive heat. 8 EXPOSURE CONTROLS /PERSONAL PROTECTION Engineering Controls: Eye wash station and safety shower. General ventilation. Material non - volatile Protective Equipments EYE: Chemical splash goggles with indirect or no ventilation. SKIN :None required RESPIRATORY: None required ,except in emergency situations. Exposure Guidelines /Other: Never eat, drink or smoke in work area M sDs e rial Safety Data Sheet AIOD SERVICE PRO POWER STEERING FLUID SP2263 MSDS Number: SP2263 Revision Date: 08/08/2007 Page 3 of 4 9 PHYSICAL AND CHEMICAL PROPERTIES Appearance: Clear yellow liquid Physical State: liquid Boiling Point: >395 F Odor: petroleum distillate Freezing /Melting Pt.: pH: Solubility: Not soluble in water Vapor Pressure: <1 mmHG Spec Gray. /Density: 0.91 Vapor Density: >1 10 STABILITY AND REACTIVITY Stability: Material is stable. Conditions to avoid: Excessive heat and open flame. Materials to avoid (incompatability): Strong oxidizing agents. Hazardous Decomposition products: Carbon Monoxide and Carbon Dioxide Hazardous Polymerization: Cannot occur. 11 TOXICOLOGICAL INFORMATION NO DATA 12 ECOLOGICAL INFORMATION No Data. 13 DISPOSAL CONSIDERATIONS Dispose of in accordance with all applicable state, federal and local regulations. 14 TRANSPORT INFORMATION DOMESTIC: Not regulated EXPORT: Not regulated ms Ds Material Safety Data Sheet SERVICE PRO POWER STEERING FLUID SP2263 MSDS Number: SP2263 Revision Date: 08/08/2007 Page 4 of 4 L'15 REGULATORY INFORMATION U.S. FEDERAL REGULATIONS OSHA: considered to be a hazardous material as defined by 29CFR1910.1200 EPA SARA TITLE III Section 311 -312 (40CFR370): If stored in excess of the threshold quantities, this product should be reported as a(n): IMMEDIATE (acute) HEALTH HAZARD Section 313(40CFR372) This product contains ingredients which are subject to the reporting requirements of SARA 313: None 16 OTHER INFORMATION CALIFORNIA PROPOSITION 65: This product does not contain ingredients which are on the current Proposition 65 list. Notes: NG= NOT GIVEN • BT= BETWEEN <= LESS THAN >= GREATER THAN USERS RESPONSIBILITY;This MSDS provides environmental, health and safety information. This product is to be used in applications consistent with our product literature and container label. Individuals handling this product should be informed to the recommended safety precautions and have access to this MSDS. Please contact your local sales representative of our EH &S Department for further information. END OF MSDS END OF MSDS DOCUMENT MATERIAL SAFETY DATA SHEET Service Pro SAE 80W-90 Service Pro GL -5 Gear Oil Date of Preparation: October 29, 2010 SECTION 1: CHEMICAL PRODUCT AND COMPANY IDENTIFICATION Product Name: Service Pro GL -5 Gear Oil Synonyms: Service Pro SAE 80W -90 Chemical Family: Blend Manufactured For: AIOD CHEMTREC NUMBER Box 1861 Domestic: 800 - 424 -9300 Montrose, CO 81402 International: 703 -527 -3887 EMERGENCY TELEPHONE NUMBER: (800) 428 -9284 SECTION 2: COMPOSITION /INFORMATION AND INGREDIENTS Chemical Ingredient Base Lubricating Oils 90 - 94% Proprietary Additives <10% The base lubricating oils contains <3% (w /w) DMSO extract, as measured by IP346. SECTION 3: HAZARD IDENTIFICATION EMERGENCY OVERVIEW: Oil mist, if generated HMIS Hazard Rating NFPA Hazard Rating H 1 0 F 1 1 R 0 0 US OSHA HAZARD COMMUNICATION STANDARD: Product assessed in accordance with OSHA 29 CFR 1910.1200 and determined not to be hazardous. Potential Health Effects Inhalation: Vapor pressure is very low. Vapor inhalation under ambient conditions is normally not a problem. Eye Contact: Expected to be minor eye irritant. Skin Contact: Repeated or prolonged skin contact may cause dermatitis. Ingestion: Do not ingest. Not expected to be acutely toxic. Chronic: None known. Service Pro GL -5 Gear Oil SECTION 4: FIRST AID MEASURES Inhalation: Remove to fresh air. If not breathing, give artificial respiration, preferably mouth to mouth. If breathing is difficult give oxygen. Get medical attention. Eye Contact: Flush eyes with large amounts of water until irritation subsides. If irritation persists, get medical attention. Skin Contact: No treatment is necessary under ordinary circumstances. Remove contaminated clothing. Wash contaminated area thoroughly with soap and water. If redness or irritation occurs and persists, seek medical attention. Ingestion: If swallowed, DO NOT induce vomiting. If victim exhibits signs of lung aspiration such as coughing or chocking, seek immediate medical attention. SECTION 5: FIRE - FIGHTING MEASURES Flashpoint (method): 425 deg F (ASTM D -92) Flammable Limits: Not established Autoignition Temperature: No Data Available Extinguishing Media: Use dry chemical, foam, or carbon dioxide. Fire - Fighting Instructions: Dense smoke may be generated while burning. Carbon monoxide, carbon dioxide, and other oxides may be generated as products of combustion. Avoid breathing smoke and vapor. Fire - Fighting Equipment: Wear self - contained breathing apparatus and protective clothing. Water may be used to cool containers exposed to heat or flame. Hazardous Combustion By-products: None. SECTION 6: ACCIDENTAL RELEASE MEASURES Spill /Leak Procedures: Remove sources of ignition. Contain any spills with dikes or absorbents to prevent migration and entry into sewers or streams. Take up small spills with absorbent pads. Large spills may be taken up with pump or vacuum. SECTION 7: HANDLING AND STORAGE Storage Temperature: Ambient Storage Pressure: Atmospheric General: Keep container closed. Store in a cool, well - ventilated place. Keep away from heat, sparks and flame. Empty containers may contain residues. SECTION 8: EXPOSURE CONTROLS/PERSONAL PROTECTION Exposure Limits: This product does not contain any components with OSHA or ACGIH exposure limits. Ventilation: Good general ventilation at source of vapor. Personal Hygiene: Always wash hands and face with soap and water before eating, drinking or smoking. Respiratory Protection: Respiratory protection is not required under conditions of normal use. If vapor or mist is generated when the material is heated or handled, use an organic vapor respirator with a dust or mist filter. SECTION 9: PHYSICAL AND CHEMICAL PROPERTIES Appearance /Odor: Petroleum odor, clear, amber liquid Vapor Density: No data available Service Pro GL -5 Gear Oil Solubility in Water: Insoluble Specific Gravity: 0.90 SECTION 10: STABILITY AND REACTIVITY Stability: Stable under normal temperatures and pressures. Conditions to Avoid: None known Materials to Avoid: Strong oxidizing agents. SECTION 11: TOXICOLOGICAL INFORMATION Oral Toxicity: No information available. Dermal Toxicity: No information available. Inhalation Toxicity: No information available. Eye Irritation: No information available. Skin Irritation: No information available. SECTION 12: ECOLOGICAL INFORMATION Ecotoxicity: No data available. SECTION 13: DISPOSAL CONSIDERATIONS Regulatory Information: All disposals must comply with federal, state and local requirements. SECTION 14: TRANSPORTATION INFORMATION US DOT: Not regulated as a hazardous material Hazard Class: Not classified UN /UA #: Not classified Packing Group: Not classified Required Label (s): None IMO /IMDG Shipping Description: Petroleum Lubricating Oil is not regulated as dangerous goods for transport. ICA /IATA Shipping Description: Petroleum Lubricating Oil is not regulated as dangerous goods for transport. International Transportation Regulations: Not regulated as dangerous goods. • SECTION 15: REGULATORY INFORMATION TSCA: This material is in compliance with the Toxic Substances control Act (15 USC 2601 -2629) and is listed in the TSCA Inventory. SUPERFUND AMENDMENT & REAUTHORIZATION ACT (SARA) TITLE III: There are no components in this product on the SARA 302/304 list. Section 311/312 Hazard Categorization Acute Chronic Fire Pressure Reactive No No No No No Service Pro GL -5 Gear Oil SARA Hazardous Substances Ingredient CAS No. %, wt Sec 313 Sec 302 RQ, lb TPQ, 1 b None SARA Section 313: There are no components in this product on the SARA 313 list. CERCLA: None identified CALIFORNIA PROPOSITION 65 WARNING: Chemicals known to the State of California to cause cancer, birth defects or other reproductive harm may be found in the petroleum products. Although it is possible to sufficiently refine the petroleum products to remove the potential for cancer, we are advising that one or more of the listed chemicals may be present in some detectable quantities. Read and follow directions and use care when handling these petroleum products. NEW JERSEY RTK CLASSIFICATION: Under the New Jersey Right -to -Know Act L. 1983 Chapter 315 N.J.S.A. 34:5A -1 et. seq., the product is to be identified as follows: PETROLEUM OIL (Gear Oil) SECTION 16: OTHER INFORMATION THIS INFORMATION RELATES ONLY TO THE SPECIFIC MATERIAL DESIGNATED AND MAY NOT BE VALID FOR SUCH MATERIAL USED IN COMBINATION WITH ANY OTHER MATERIALS OR IN ANY PROCESS. SUCH INFORMATION IS TO THE BEST OF THIS COMPANY'S KNOWLEDGE AND BELIEVED ACCURATE AND RELIABLE AS OF THE DATE INDICATED. HOWEVER, NO REPRESENTATION, WARRANTY OR GUARANTEE IS MADE AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS. IT IS THE USERS RESPONSIBILITY TO SATISFY HIMSELF AS TO THE SUITABLENESS AND COMPLETENESS OF SUCH INFORMATION FOR HIS OWN PARTICULAR USE. Service Pro GL -5 Gear Oil MATERIAL SAFETY DATA SHEET SECTION I - PRODUCT IDENTIFICATION MANUFACTURER: Universal Lubricants, Inc. PRODUCT CODE: D4700 2824 N. Ohio, Wichita, KS 67219 REV. DATE: 06/15/02 EMERGENCY PHONE: (316) 832 -0151 TRADE NAME: UNIVERSAL HYDRA 1000 #22, #32, #46, #68, #100, #150, #220, #320 SYNONYMS: Petroleum Lubricant CAS REG. NO.: Mixture NFPA Hazard Classification: HEALTH - 1; FLAMMABILITY - 1; REACTIVITY - 0; (Least =0; Slight =1; Moderate =2; High =3; Extreme =4) SECTION 11 INGREDIENTS Component Name Hazardous Approx. OSHA/ACGIH CAS Number in Blend % PEL/TLV Base Lubricating Oils Mixture No 95 -99 None Anti - Wear /R &O Inhibitors Trade Secret No <1.0 None Pour Point Depressant Trade Secret No <1.0 None Anti -Foam Agent Trade Secret No <1.0 None Green Dye Trade Secret No <1.0 None SECTION III - PHYSICAL DATA - Specific Gravity (H =1): .8612 - Appearance: Clear, Green - Odor: Lubricating Oil - Solubility in Water: Soluble in hydrocarbons, emulsifies in water - Vapor Pressure: N/A - Boiling Point: No data available - Percent Volatile: N/A - Molecular Weight: Variable SECTION IV - FIRE PROTECTION INFORMATION - Flash Point (C.O.C.): 199 °C, (390 °F) - Flammable Limits in Air, % by volume: Lower -N /A; Upper -N /A - Extinguishing Media: Use dry chemical, foam or carbon dioxide. - Unusual Fire and Explosion Conditions: Do not weld, heat or drill containers. Dense smoke may be generated while burning. Carbon monoxide, carbon dioxide and other oxides may be generated as products of combustion. - Special Fire Fighting Procedures: Do not enter confined fire space without proper protective equipment. Cool fire exposed containers with water. Caution should be exercised when using water or foam as frothing may occur, especially if sprayed into containers of hot, burning liquid. SECTION V - REACTIVITY DATA - Stability: Stable. - Conditions to Avoid: Heat, open flames, oxidizing materials and mist. - Incompatibility: May react strong with oxidizing agents. - Hazardous Polymerization: Will not occur. - Hazardous Decomposition Products: None (see Unusual Fire and Explosive Conditions in Section IV). SECTION VI - PERSONAL HEALTH PROTECTION INFORMATION Threshold Limit Value: 5.00 mg /m suggested for oil mist. Eye Protection: If material is handled such that it could be splashed into eyes, wear plastic face shield or splash - proof safety goggles. Skin Protection: For prolonged or repeated exposures, use impervious clothing (boots, gloves, aprons, etc.) over parts of the body subject to exposure. If handling hot material, use insulated protective clothing. Launder soiled clothes. Properly dispose of contaminated leather articles, including shoes, which cannot be decontaminated. Respiratory Protection: If vapor or mist is generated when the material is heated or handled, use an organic vapor respirator with a dust and mist filter. All respirators must be NIOSH certified. Do not use compressed oxygen in hydrocarbon atmospheres. Adequate ventilation in accordance with good engineering practices must be provided to maintain concentrations below the specified exposure or flammable limits. Ingestion: Food and beverage consumption should be avoided in work areas where hydrocarbons are present. SECTION VII - EMERGENCY AND FIRST AID PROCEDURES Eye Contact: Immediately flush eyes with large amounts of water and continue flushing until irritation subsides. Seek medical attention. Skin Contact: Remove contaminated clothing. Wash contaminated area with soap and water. Do not reuse clothing until thoroughly cleaned. Seek medical attention for persistent irritation. Inhalation: If breathing difficulty exists, remove victim to fresh air. Seek medical attention. Ingestion: Do not induce vomiting. Seek medical attention. Skin Injection: If product is injected into or under skin, or into any part of the body, regardless of the appearance of the wound or its size, the individual should be evaluated immediately by a physician as a surgical emergency. Even though initial symptoms from high pressure injection may be minimal or absent, early surgical treatment within the first few hours may significantly reduce the ultimate extent of injury. SECTION Vlll - ENVIRONMENTAL PRECAUTIONS -Steps to be taken if material is released or spilled: Consult Personal Health Protection Information (SECTION VI), Fire Protection Information (SECTION IV), and Reactivity Data (SECTION V). Notify appropriate authorities of spill. Contain spill immediately. Do not allow spill to enter sewers or watercourses. Remove all sources of ignition. Absorb with appropriate inert materials, such as sand, clay, etc. Large spills may be picked up using vacuum pumps, shovels, buckets, or other means and placed in drums or suitable containers. - Disposal of waste: All disposals must comply with Federal, state and local regulations. Spilled or discarded material may be a regulated waste. Refer to state and local regulations. If regulated solvents are used to clean up spilled material, the resulting waste mixture may be regulated. Department of Transportation regulations may apply for transporting of this material. SECTION IX - HANDLING AND STORAGE -Store only in properly marked containers. Store in closed containers away from heat, sparks, flame or oxidizing materials. -This product is not classified as hazardous under DOT regulations. See NFPA 30 and OSHA 1910.106 - -- flammable and combustible liquids. MATERIAL SAFETY DATA SHEET SECTION I - PRODUCT IDENTIFICATION MANUFACTURER: Universal Lubricants, Inc. PRODUCT CODE: D4110 2824 N. Ohio, Wichita, KS 67219 REV. DATE: 03/04/02 EMERGENCY PHONE: (316) 832 -0151 TRADE NAME: UNIVERSAL TRAC GARD SYNONYMS: Petroleum Lubricant CAS REG. NO.: Mixture NFPA Hazard Classification: HEALTH - 1; FLAMMABILITY - 1; REACTIVITY - 0; (Least =0; Slight =1; Moderate =2; High =3; Extreme =4) SECTION II - INGREDIENTS Component Name Hazardous Approx. OSHA/ACGIH CAS Number in Blend % PEL/TLV Base Lubricating Oils Mixture No 80 -85 None Additives /Inhibitors Trade Secret No 15-20 None Blue Dye Trade Secret No <1.0 None SECTION Ill - PHYSICAL DATA - Specific Gravity (H =1): .8916 - Appearance: Clear, Blue - Odor: Lubricating Oil - Solubility in Water: Soluble in hydrocarbons, emulsifies in water -Vapor Pressure: N/A - Boiling Point: No data available - Percent Volatile: N/A - Molecular Weight: Variable SECTION IV - FIRE PROTECTION INFORMATION - Flash Point (C.O.C.): 216 °C, (420 °F) - Flammable Limits in Air, % by volume: Lower -N /A; Upper -N /A - Extinguishing Media: Use dry chemical, foam or carbon dioxide. - Unusual Fire and Explosion Conditions: Do not weld, heat or drill containers. Dense smoke may be generated while burning. Carbon monoxide, carbon dioxide and other oxides may be generated as products of combustion. - Special Fire Fighting Procedures: Do not enter confined fire space without proper protective equipment. Cool fire exposed containers with water. Caution should be exercised when using waterorfoam as frothing may - Occur, especially if sprayed into containers of hot, burning liquid. SECTION V - REACTIVITY DATA - Stability: Stable. - Conditions to Avoid: Heat, open flames, oxidizing materials and mist. - Incompatibility: May react strong with oxidizing agents. - Hazardous Polymerization: Will not occur. - Hazardous Decomposition Products: None (see Unusual Fire and Explosive Conditions in Section IV). SECTION VI - PERSONAL HEALTH PROTECTION INFORMATION Threshold Limit Value: 5.00 mg /m suggested for oil mist. Eye Protection: if material is handled such that it could be splashed into eyes, wear plastic face shield or splash- proof safety goggles. Skin Protection: For prolonged or repeated exposures, use impervious clothing (boots, gloves, aprons, etc.) over parts of the body subject to exposure. If handling hot material, use insulated protective clothing. Launder soiled clothes. Properly dispose of contaminated leather articles, including shoes, which cannot be decontaminated. Respiratory Protection: If vapor or mist is generated when the material is heated or handled, use an organic vapor respirator with a dust and mist filter. All respirators must be NIOSH certified. Do not use compressed oxygen in hydrocarbon atmospheres. Adequate ventilation in accordance with good engineering practices must be provided to maintain concentrations below the specified exposure or flammable limits. Ingestion: Food and beverage consumption should be avoided in work areas where hydrocarbons are present. SECTION VII - EMERGENCY AND FIRST AID PROCEDURES Eye Contact: immediately flush eyes with large amounts of water and continue flushing until irritation subsides. Seek medical attention. Skin Contact: Remove contaminated clothing. Wash contaminated area with soap and water. Do not reuse clothing until thoroughly cleaned. Seek medical attention for persistent irritation. Inhalation: If breathing difficulty exists, remove victim to fresh air. Seek medical attention. Ingestion: Do not induce vomiting. Seek medical attention. Skin Injection: If product is injected into or under skin, or into any part of the body, regardless of the appearance of the wound or its size, the individual should be evaluated immediately by a physician as a surgical emergency. Even though initial symptoms from high pressure injection may be minimal or absent, early surgical treatment within the first few hours may significantly reduce the ultimate extent of injury. SECTION VIii - ENVIRONMENTAL PRECAUTIONS -Steps to be taken if material is released or spilled: Consult Personal Health Protection Information (SECTION VI), Fire Protection Information (SECTION IV), and Reactivity Data (SECTION V). Notify appropriate authorities of spill. Contain spill immediately. Do not allow spill to enter sewers or watercourses. Remove all sources of ignition. Absorb with appropriate inert materials, such as sand, clay, etc. Large spills may be picked up using vacuum pumps, shovels, buckets, or other means and placed in drums or suitable containers. - Disposal of waste: All disposals must comply with Federal, state and local regulations. Spilled or discarded material may be a regulated waste. Refer to state and local regulations. If regulated solvents are used to clean up spilled material, the resulting waste mixture may be regulated. Department of Transportation regulations may apply for transporting of this material. SECTION IX - HANDLING AND STORAGE -Store only in properly marked containers. Store in closed containers away from heat, sparks, flame or oxidizing materials. -This product is not classified as hazardous under DOT regulations. See NFPA 30 and OSHA 1910.106 - -- flammable and combustible liquids. MATERIAL, SAFETY DATA SHEET SECTION I - PRODUCT IDENTIFICATION MANUFACTURER: Universal Lubricants, Inc. PRODUCT CODE: D0410 2824 N. Ohio, Wichita, KS 67219 REV. DATE: 03/04/02 EMERGENCY PHONE: (316) 832 -0151 TRADE NAME: UNIVERSAL MULTI- PURPOSE AUTOMATIC TRANSMISSION FLUID SYNONYMS: Petroleum Lubricant CAS REG. NO.: Mixture NFPA Hazard Classification: HEALTH - 1; FLAMMABILITY - 1; REACTIVITY - 0; (Least =0; Slight =1; Moderate =2; High =3; Extreme =4) SECTION 11- INGREDIENTS Component Name Hazardous Approx. OSHA/ACGIH CAS Number in Blend % PEL/TLV Base Lubricating Oils Mixture No 85 -95 None Detergent/Inhibitor System Trade Secret No 10 -15 None Red Dye Trade Secret No <1.0 None SECTION 111- PHYSICAL DATA - Specific Gravity (H =1): .8794 - Appearance: Clear, Red - Odor: Lubricating Oil - Solubility in Water: Soluble in hydrocarbons, emulsifies in water -Vapor Pressure: N/A - Boiling Point: No data available - Percent Volatile: N/A - Molecular Weight: Variable SECTION IV - FIRE PROTECTION INFORMATION -Flash Point (C.O.C.): 204 °C, (400 °F) - Flammable Limits in Air, % by volume: Lower -N /A; Upper -N /A - Extinguishing Media: Use dry chemical, foam or carbon dioxide. - Unusual Fire and Explosion Conditions: Do not weld, heat or drill containers. Dense smoke may be generated while burning. Carbon monoxide, carbon dioxide and other oxides may be generated as products of combustion. - Special Fire Fighting Procedures: Do not enter confined fire space without proper protective equipment. Cool fire exposed containers with water. Caution should be exercised when using water or foam as frothing may occur, especially if sprayed into containers of hot, burning liquid. SECTION V - REACTIVITY DATA - Stability: Stable. - Conditions to Avoid: Heat, open flames, oxidizing materials and mist. - Incompatibility.: May react strong with oxidizing agents. - Hazardous Polymerization: Will not occur. - Hazardous Decomposition Products: None (see Unusual Fire and Explosive Conditions in Section IV). SECTION VI - PERSONAL HEALTH PROTECTION INFORMATiUN Threshold Limit Value: 5.00 mg /m suggested for oil mist. Eye Protection: If material is handled such that it could be splashed into eyes, wear plastic face shield or splash - proof safety goggles. Skin Protection: For prolonged or repeated exposures, use impervious clothing (boots, gloves, aprons, etc.) over parts of the body subject to exposure. If handling hot material, use insulated protective clothing. Launder soiled clothes. Properly dispose of contaminated leather articles, including shoes, which cannot be decontaminated. Respiratory Protection: If vapor or mist is generated when the material is heated or handled, use an organic vapor respirator with a dust and mist filter. All respirators must be NIOSH certified. Do not use compressed oxygen in hydrocarbon atmospheres. Adequate ventilation in accordance with good engineering practices must be provided to maintain concentrations below the specified exposure or flammable limits. Ingestion: Food and beverage consumption should be avoided in work areas where hydrocarbons are present. SECTION VII - EMERGENCY AND FIRST AID PROCEDURES Eye Contact: Immediately flush eyes with large amounts of water and continue flushing until irritation subsides. Seek medical attention. Skin Contact: Remove contaminated clothing. Wash contaminated area with soap and water. Do not reuse clothing until thoroughly cleaned. Seek medical attention for persistent irritation. Inhalation: If breathing difficulty exists, remove victim to fresh air. Seek medical attention. Ingestion: Do not induce vomiting. Seek medical attention. Skin Injection: If product is injected into or under skin, or into any part of the body, regardless of the appearance of the wound or its size, the individual should be evaluated immediately by a physician as a surgical emergency. Even though initial symptoms from high pressure injection may be minimal or absent, early surgical treatment within the first few hours may significantly reduce the ultimate extent of injury. SECTION Vlll - ENVIRONMENTAL PRECAUTIONS - Steps to be taken if material is released or spilled: Consult Personal Health Protection Information (SECTION VI), Fire Protection Information (SECTION IV), and Reactivity Data (SECTION V). Notify appropriate authorities of spill. Contain spill immediately. Do not allow spill to enter sewers or watercourses. Remove all sources of ignition. Absorb with appropriate inert materials, such as sand, clay, etc. Large spills may be picked up using vacuum pumps, shovels, buckets, or other means and placed in drums or suitable containers. - Disposal of waste: All disposals must comply with Federal, state and local regulations. Spilled or discarded material may be a regulated waste. Refer to state and local regulations. If regulated solvents are used to clean up spilled material, the resulting waste mixture may be regulated. Department of Transportation regulations may apply for transporting of this material. SECTION IX - HANDLING AND STORAGE - Store only in properly marked containers. Store in closed containers away from heat, sparks, flame or oxidizing materials. -This product is not classified as hazardous under DOT regulations. See NFPA 30 and OSHA 1910.106 - -- flammable and combustible liquids. MATERIAL SAFETY DATA SKEET SECTION I - PRODUCT IDENTIFICATION Universal Lubricants, Inc. PRODUCT CODE: G900 2824 N. Ohio, Wichita, KS 67219 REV. DATE: 10/11/02 EMERGENCY PHONE: (316) 832 -0151 TRADE NAME: DYNA -PLEX 21 C HI -TAC #2 SYNONYMS: Petroleum Lubricant CAS REG. NO.: Mixture NFPA Hazard Classification: HEALTH - 0; FLAMMABILITY - 1; REACTIVITY - 0; (Least =0; Slight =1; Moderate =2; High =3; Extreme =4) SECTION II - INGREDIENTS Component Name Hazardous Approx. OSHA/ACGIH CAS Number in Blend % PEUTLV Base Lubricating Oils Mixture No 80 -90 None Additive Trade Secret No 10 -20 None SECTION III - PHYSICAL DATA - Specific Gravity (1-1 0.9110 - Appearance: Buttery, Red -Odor: Mineral Oil - Solubility in Water: Negligible @25 °C - Vapor Pressure: N/A - Boiling Point: N/A - Percent Volatile: N/A - Molecular Weight: Variable SECTION IV - FIRE PROTECTION INFORMATION - Flash Point (C.O.C.): 160 °C, (320 °F) - Flammable Limits in Air, % by volume: Lower -N /A; Upper -N /A - Extinguishing Media: Use dry chemical, foam or carbon dioxide. - Unusual Fire and Explosion Conditions: Do not weld, heat or drill containers. Dense smoke may be generated while burning. Carbon monoxide, carbon dioxide and other oxides may be generated as products of combustion. - Special Fire Fighting Procedures: Do not enter confined fire space without proper protective equipment. Cool fire exposed containers with water. Caution should be exercised when using water or foam as frothing may occur, especially if sprayed into containers of hot, burning liquid. SECTION V - REACTIVITY DATA - Stability: Stable. - Conditions to Avoid: Heat, open flames, oxidizing materials and mist. - Incompatibility: May react strong with oxidizing agents. - Hazardous Polymerization: Will not occur. - Hazardous Decomposition Products: Carbon monoxide and carbon dioxide from burning. Page 2 of 2 SECTION VI - PERSONAL HEALTH PROTECTION INFORMATION Threshold Limit Value: 5.00 mg /m suggested for 8 hour exposure. Eye Protection: If material is handled such that it could be splashed into eyes, wear plastic face shield or splash - proof safety goggles. Skin Protection: For prolonged or repeated exposures, use impervious clothing (boots, gloves, aprons, etc.) over parts of the body subject to exposure. If handling hot material, use insulated protective clothing. Launder soiled clothes. Properly dispose of contaminated leather articles, including shoes, which cannot be decontaminated. Respiratory Protection: If vapor or mist is generated when the material is heated or handled, use an organic vapor respirator with a dust and mist filter. All respirators must be NIOSH certified. Do not use compressed oxygen in hydrocarbon atmospheres. Adequate ventilation in accordance with good engineering practices must be provided to maintain concentrations below the specified exposure or flammable limits. Ingestion: Food and beverage consumption should be avoided in work areas where hydrocarbons are present. SECTION VII - EMERGENCY AND FIRST AID PROCEDURES Eye Contact: Immediately flush eyes with large amounts of water and continue flushing until irritation subsides. Seek medical attention. Skin Contact: Remove contaminated clothing. Wash contaminated area with soap and water. Do not reuse clothing until thoroughly cleaned. Seek medical attention for persistent irritation. Inhalation: If breathing difficulty exists, remove victim to fresh air. Seek medical attention. Ingestion: Do not induce vomiting. Seek medical attention. Skin Injection: If product is injected into or under skin, or into any part of the body, regardless of the appearance of the wound or its size, the individual should be evaluated immediately by a physician as a surgical emergency. Even though initial symptoms from high pressure injection may be minimal or absent, early surgical treatment within the first few hours may significantly reduce the ultimate extent of injury. SECTION Vlll - ENVIRONMENTAL PRECAUTIONS -Steps to be taken if material is released or spilled: Consult Personal Health Protection Information (SECTION VI), Fire Protection Information (SECTION IV), and Reactivity Data (SECTION V). Notify appropriate authorities of spill. Contain spill immediately. Do not allow spill toenter sewers or watercourses. Remove all sources of ignition. Absorb with appropriate inert materials, such as sand, clay, etc. Large spills may be picked up using vacuum pumps, shovels, buckets, or other means and placed in drums or suitable containers. - Disposal of waste: All disposals must comply with Federal, state and local regulations. Spilled or discarded material may be a regulated waste. Refer to state and local regulations. If regulated solvents are used to clean up spilled material, the resulting waste mixture may be regulated. Department of Transportation regulations may apply for transporting of this material. SECTION IX - HANDLING AND STORAGE -Store only in properly marked containers. Store in closed containers away from heat, sparks, flame or oxidizing materials. -This product is not classified as hazardous under DOT regulations. See NFPA 30 and OSHA 1910.106 - -- flammable and combustible liquids. MATERIAL. SAFETY DATA SKEET SECTION I - PRODUCT IDENTIFICATION MANUFACTURER: Universal Lubricants, Inc. PRODUCT CODE: C0010 2824 N. Ohio, Wichita, KS 67219 REV. DATE: 06/03/02 EMERGENCY PHONE: (316) 832 -0151 TRADE NAME: DYNA - PLEX 21C FRICTION SHIELD SAE 10W, 20W, 30, 40, 50 SYNONYMS: Petroleum Lubricant CAS REG. NO.: Mixture NFPA Hazard Classification: HEALTH - 1; FLAMMABILITY - 1; REACTIVITY - 0; (Least =0; Slight =1; Moderate =2; High =3; Extreme =4) SECTION 1l - INGREDIENTS Component Name Hazardous Approx. OSHA/ACGIH CAS Number in Blend % PEUTLV Base Lubricating Oils Mixture No 80 -90 None Defergent/Inhibitor System Trade Secret No 10 -15 None Pour Point Depressant Trade Secret No <1.0 None Anti -Foam Agent Trade Secret No <1.0 None SECTION Ill - PHYSICAL DATA - Specific Gravity (H =1): .8800 - Appearance: Clear, Amber - Odor: Lubricating Oil - Solubility in Water: Soluble in hydrocarbons, emulsifies in water -Vapor Pressure: N/A - Boiling Point: 800 - Percent Volatile: N/A - Molecular Weight: Variable SECTION IV - FIRE PROTECTION INFORMATION - Flash Point (C.O.C.): 216 tC, (420°F) - Flammable Limits in Air, % by volume: Lower -N /A; Upper -N /A - Extinguishing Media: Use dry chemical, foam or carbon dioxide. - Unusual Fire and Explosion Conditions: Do not weld, heat or drill containers. Dense smoke may be generated while burning. Carbon monoxide, carbon dioxide and other oxides may be generated as products of combustion. - Special Fire Fighting Procedures: Do not enter confined fire space without proper protective equipment. Cool fire exposed containers with water. Caution should be exercised when using water or foam as frothing may occbr, especially if sprayed into containers of hot, burning liquid. • SECTION V - REACTIVITY DATA - Stability: Stable. - Conditions to Avoid: Heat, open flames, oxidizing materials and mist. - Incompatibility: May react strong with oxidizing agents. - Hazardous Polymerization: Will not occur. - Hazardous Decomposition Products: None (see Unusual Fire and Explosive Conditions in Section IV). SECTION VI - PERSONAL HEALTH PROTECTION INFORMATION Threshold Limit Value: 5.00 mg /m suggested for oil mist. Eye Protection: If material is handled such that it could be splashed into eyes, wear plastic face shield or splash - proof safety goggles. Skin Protection: For prolonged or repeated exposures, use impervious clothing (boots, gloves, aprons, etc.) over parts of the body subject to exposure. If handling hot material, use insulated protective clothing. Launder soiled clothes. Properly dispose of contaminated leather articles, including shoes, which cannot be decontaminated. Respiratory Protection: If vapor or mist is generated when the material is heated or handled, use an organic vapor respirator with a dust and mist filter. All respirators must be NIOSH certified. Do not use compressed oxygen in hydrocarbon atmospheres. Adequate ventilation in accordance with good engineering practices must be provided to maintain concentrations below the specified exposure or flammable limits. Ingestion: Food and beverage consumption should be avoided in work areas where hydrocarbons are present. SECTION VII - EMERGENCY AND FIRST AID PROCEDURES Eye Contact: Immediately flush eyes with large amounts of water and continue flushing until irritation subsides. Seek medical attention. Skin Contact: Remove contaminated clothing. Wash contaminated area with soap and water. Do not reuse clothing until thoroughly cleaned. Seek medical attention for persistent irritation. Inhalation: If breathing difficulty exists, remove victim to fresh air. Seek medical attention. Ingestion: Do not induce vomiting. Seek medical attention. Skin Injection: If product is injected into or under skin, or into any part of the body, regardless of the appearance of the wound or its size, the individual should be evaluated immediately by a physician as a surgical emergency. Even though initial symptoms from high pressure injection may be minimal or absent, early surgical treatment within the first few hours may significantly reduce the ultimate extent of injury. SECTION VIII - ENVIRONMENTAL PRECAUTIONS - Steps to be taken if material is released or spilled: Consult Personal Health Protection Information (SECTION VI), Fire Protection Information (SECTION IV), and Reactivity Data (SECTION V). Notify appropriate authorities of spill. Contain spill immediately. Do not allow spill to enter sewers or watercourses. Remove all sources of ignition. Absorb with appropriate inert materials, such as sand, clay, etc. Large spills may be picked up using vacuum pumps, shovels, buckets, or other means and placed in drums or suitable containers. - Disposal of waste: All disposals must connply with Federal, state and local regulations. Spilled or discarded material may be a regulated waste. Refer to state and local regulations. If regulated solvents are used to clean up spilled material, the resulting waste mixture may be regulated. Department of Transportation regulations may apply for transporting of this material. SECTION IX - HANDLING AND STORAGE -Store only in properly marked containers. Store in closed containers away from heat, sparks, flame or oxidizing materials. -This product is not classified as hazardous under DOT regulations. See NFPA 30 and OSHA 1910.106 - -- flammable and combustible liquids. MATERIAL SAFETY DATA SHEET SECTION I - PRODUCT IDENTIFICATION MANUFACTURER: Universal Lubricants, Inc. PRODUCT CODE: C0110 2824 N. Ohio, Wichita, KS 67219 REV. DATE: 06/03/02 EMERGENCY PHONE: (316) 832 -0151 TRADE NAME: DYNA -PLEX 21C FRICTION SHIELD SAE 10W30, 15W40, 20W50 SYNONYMS: Petroleum Lubricant CAS REG. NO.: Mixture NFPA Hazard Classification: HEALTH - 1; FLAMMABILITY - 1; REACTIVITY - 0; (Least =0; Slight =1; Moderate =2; High =3; Extreme =4) SECTION 11 INGREDIENTS Component Name Hazardous Approx. OSHA/ACGIH CAS Number in Blend % PEL/TLV Base Lubricating Oils Mixture No 75-85 None Detergent/Inhibitor System Trade Secret No 10 -20 None Viscosity Index Improver Trade Secret No 5-10 None SECTION 111 PHYSICAL DATA - Specific Gravity (H =1): 0.8866 - Appearance: Clear, Amber - Odor: Lubricating Oil - Solubility in Water: Soluble in hydrocarbons, emulsifies in water - Vapor Pressure: N/A - Boiling Point: >800°F - Percent Volatile: N/A - Molecular Weight: Variable SECTION IV - FIRE PROTECTION INFORMATION - Flash Point (C.O.C.): 232°C, (450°F) - Flammable Limits in Air, % by volume: Lower -N /A; Upper -N /A - Extinguishing Media: Use dry chemical, foam or carbon dioxide. - Unusual Fire and Explosion Conditions: Do not weld, heat or drill containers. Dense smoke may be generated while burning. Carbon monoxide, carbon dioxide and other oxides may be generated as products of combustion. - Special Fire Fighting Procedures: Do not enter confined fire space without proper protective equipment. Cool fire exposed containers with water. Caution should be exercised when using water or foam as frothing may occuespecially if sprayed into containers of hot, burning liquid. SECTION V - REACTIVITY DATA - Stability: Stable. - Conditions to Avoid: Heat, open flames, oxidizing materials and mist. - Incompatibility: May react strong with oxidizing agents. - Hazardous Polymerization: Will not occur. - Hazardous Decomposition Products: None (see Unusual Fire and Explosive Conditions in Section IV). SECTION VI - PERSONAL HEALTH PROTECTION INFORMATION Threshold Limit Value: 5.00 mg /m suggested for oil mist. Eye Protection: If material is handled such that it could be splashed into eyes, wear plastic face shield or splash- proof safety goggles. Skin Protection: For prolonged or repeated exposures, use impervious clothing (boots, gloves, aprons, etc.) over parts of the body subject to exposure. If handling hot material, use insulated protective clothing. Launder soiled clothes. Properly dispose of contaminated leather articles, including shoes, which cannot be decontaminated. Respiratory Protection: If vapor or mist is generated when the material is heated or handled, use an organic vapor respirator with a dust and mist filter. All respirators must be NIOSH certified. Do not use compressed oxygen in hydrocarbon atmospheres. Adequate ventilation in accordance with good engineering practices must be provided to maintain concentrations below the specified exposure or flammable limits. Ingestion: Food and beverage consumption should be avoided in work areas where hydrocarbons are present. SECTION VII - EMERGENCY AND FIRST AID PROCEDURES Eye Contact: Immediately flush eyes with large amounts of water and continue flushing until irritation subsides. Seek medical attention. Skin Contact: Remove contaminated clothing. Wash contaminated area with soap and water. Do not reuse clothing until thoroughly cleaned. Seek medical attention for persistent irritation. Inhalation: If breathing difficulty exists, remove victim to fresh air. Seek medical attention. Ingestion: Do not induce vomiting. Seek medical attention. Skin Injection: If product is injected into or under skin, or into any part of the body, regardless of the appearance of the wound or its size, the individual should be evaluated immediately by a physician as a surgical emergency. Even though initial symptoms from high pressure injection may be minimal or absent, early surgical treatment within the first few hours may significantly reduce the ultimate extent of injury. SECTION Vlll - ENVIRONMENTAL PRECAUTIONS -Steps to be taken if material is released or spilled: Consult Personal Health Protection Information (SECTION VI), Fire Protection Information (SECTION IV), and Reactivity Data (SECTION V). Notify appropriate authorities of spill. Contain spill immediately. Do not allow spill to enter sewers or watercourses. Remove all sources of ignition. Absorb with appropriate inert materials, such as sand, clay, etc. Large spills may be picked up using vacuum pumps, shovels, buckets, or other means and placed in drums or suitable containers. - Disposal of waste: All disposals must comply with Federal, state and local regulations. Spilled or discarded material may be a regulated waste. Refer to state and local regulations. If regulated solvents are used to clean up spilled material, the resulting waste mixture may be regulated. Department of Transportation regulations may apply for transporting of this material. SECTION IX - HANDLING AND STORAGE -Store only in properly marked containers. Store in closed containers away from heat, sparks, flame or oxidizing materials. -This product is not classified as hazardous under DOT regulations. See NFPA 30 and OSHA 1910.106 - -- flammable and combustible liquids. INVITATION TO BID PETROLEUM OIL & LUBRICANTS (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? ,C Does your present work load permit additional work? Comments /Other Suggestions: Company Name: U(11V'e,rSGL t ��cicaa. i- LL Person Completing Form: Telephone: rKtc�a��. L3 . a_t ©,.� , 31(• - 83„2 -EG, c) Mailing Address: Email: - 6 2- y 0.1 py; 0 M c nn {J V 11 Jer5a.11 vine% . City, State, Zip Code: Date: 1.0r.ko. kS x 1 q /z7/3 Page 3of16 SPECIFICATIONS FOR PETROLEUM OILS AND LUBRICANTS General Specifications: This contract shall be in effect for a period of one (1) year. At the end of one (1) year the City may renew this contract for two (2) additional one (1) year periods at the original contract bid amount. There shall be no increase in price should an extension be granted. Any terms and conditions stated in the original specifications shall apply to any extended periods. Lubricant supplies shall be manufactured from virgin base stock and shall not contain re- refined materials. All supplies will be delivered in sealed drums or manufacturers sealed containers. All containers shall be properly marked in accordance with applicable local, state, and federal regulations and certified that the product meets specification. Delivery time: Orders for manufacturers sealed containers of products placed before 9:00 AM must be delivered by 3:00 PM of the same day. Order for sealed drums of products placed after 9:00 AM must be delivered by 3:00 PM of the next business day. Sealed drums must be pumped into bulk storage tanks at the time of delivery. The successful vendor will be required to shelve delivered packaged products insuring that older stock is rotated for prompt distribution from the storeroom. Failure to meet this specification shall constitute default and the City will reserve the right to terminate any contract. Price information must be submitted on the bid submission sheet. Failure to use the bid submission sheet may be cause for the rejection of your bid. All prices are F.O.B:103 H.O. Mills Boulevard, Port Arthur, Texas 77640 and 320 Dallas Avenue, Port Arthur, Texas 77640. The successful bidder will be required to make product warranty adjustments by 9:00 AM of the next business day. Failure to meet this specification shall constitute default and the City will reserve the right to terminate said contract. All invoices and delivery tickets must clearly show purchase order number, quantity, item description, unit and extended price. • Page 4 of 16 Anti - Freeze (Ethylene Glycol): Must be a premixed 50/50 single phase, ethylene glycol based product free of nitrites and amines. This product must be suitable for both automobile and heavy -duty diesel engines and must meet or exceed ASTM D 3306 and ASTM D 4985 specifications. This product is equivalent to Texaco Startex Antifreeze /Coolant Pre -Mixed 50/50. It will be purchased in one - gallon containers and 55- gallon drums. Anti - Freeze (Extended Life): Must be a premixed 50/50 single phase, propylene glycol based product free of nitrites and amines. This product must be suitable for both automobile and heavy -duty diesel engines with change intervals up to 5- years /100,000 miles. This product is equivalent to Texaco Antifreeze /Coolant ETX- 6280BPK Pre -Mixed 50/50. It will be purchased in one - gallon containers and 55- gallon drums. Automatic Transmission Fluid: Must meet or exceed the requirements of General Motors Corporation for DEXRON II, Ford Motor Company for MERCON (M2C166), and Caterpillar TO -2 fluid. It will be purchased in quart containers and 55- gallon drums. Chassis Grease: Shall be oxidation resistant lithium soap based grease suitable for general automotive use. Shall be designated as NLGI 2 and EP (extreme pressure). It will be purchased in 120 -pound pails and 14 -ounce cartridges. Engine oil SAE 10W30 Multi - grade: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufacturers. Must meet API classification CE, CD- II -SG, and SF. Must meet or exceed Mil Spec MIL- L -2014E and MIL- L- 46152D. It will be purchased in quart containers. Engine oil SAE 15W40 Multi- grade: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufacturers. Must meet API classification CE, CD- II -SG, and SF. Must meet or exceed Mil Spec MIL- L -2104E and MIL- I- 46152D. It will be purchased in quart containers and 55- gallon drums. Engine oil SAE 40W: Must be suitable for use in both gasoline and diesel engines. Must meet or exceed the performance requirements of domestic gasoline and diesel manufactures. Must meet API classification CE, CD- II -SG, and SF. • Must meet or exceed Mil Spec MIL- L- 2104E. It will be purchased in quart containers. Page 5 of 16 GENERAL IT J FORMA T ION NOTE: It is extremely important that 'la Vendor Btd& , °and,' r COIttra °tor furnish the City of T'or't Arthur the required Information specified in Bid or .Fropossd Speeifiexl't]ons listyd in this Bin Package All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s) /substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal " - -For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 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. Page 12 of 16 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 addendurns 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.: Department Ordering, 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 i.nclude Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMETS 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 Page 13of16 INCORPORATION OF PROVISIONS REOZTI QED BY LAN Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set -off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments my require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub - contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 14of16 SUB-CONTRACTS e� e,. J any ,� or,r. permit any � I � "T� : The �t ac;'it�r shall not execute an , 1� ti� ?T? 1: � ail S, it�� °t; � d,.rL`t Or 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 must written by insurer icensed to co c t business in the State of Texas, INSURANCE: All i> . iiran e � � � be yJ . °n oy ar: rnsu 1 ° 1 �.ridi.��v �_s. J in unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and /or darnages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: • 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or $500,000 each • person/$500,000 per occurrence for contracts of $100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or $500,000 each person /$1,000,000 per occurrence for contracts in excess of $100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of $1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of $2,000,000 for contracts in excess of $100,000. 3. Commercial Automobile Liability Insurance (Including owned, non -owned and hired vehicles coverage's). a. Minimum combined single limit of $500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required . (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. Page 15 of 16 • NOTICE TO PROCEED: IN e to Proceed shall be issued within (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 16 of 16