HomeMy WebLinkAboutPR 18268: CONTRACT WITH PETROLEUM TRADERS CORPORATION, ULTRA LOW SULFUR DIESEL FUEL, NOT TO EXCEED $4000,000.00 INTEROFFICE MEMORANDUM
To: John A Comeaux, P.E., Interim City Manager
From: Colleen Russell, Director of Transit
Tom Kestranek, Transit Manager
Subject: P.R. NO.18268 Ultra Low Sulfur Diesel Fuel Purchase
Date: 03/26/2014
Recommendation:
It is recommended that the City Council approve Proposed Resolution No.18268 for supplying
ultra low sulfur diesel fuel for the Transit Department Fleet use. This Resolution would
authorize the purchase of diesel fuel under a one (1) year contract, with an option to renew for
one (1) additional year, with Petroleum Traders Corporation of Fort Wayne, Indiana, in the
amount of $0.0129 above OPIS and a Split Delivery charge of $40.00. These expenses will
be charged to the Transit Inventory /Stores Account Number: 401 - 0000 - 142.10 -00.
Background:
Approval of the contract would authorize Petroleum Traders Corporation of Fort Wayne,
Indiana, to be the Transit Department's diesel fuel supply dispensing vendor. The contract is
for ultra low sulfur diesel fuel that is utilized to fuel the Transit Department Fleet.
The City's Purchasing Division advertised for bids in the Port Arthur News on February 23,
2014 and March 2, 2014. The City received and opened five (5) bids on the purchase of ultra
low sulfur diesel fuel (see Bid Tabulation Attachment "A "). The five (5) bids received were
from the following vendors:
Bidder Bid
(1) Petroleum Traders Corporation. $ 0.0129 Above OPIS $40 Charge
Fort Wayne, IN
(2) Spidle & Spidle Inc $ 0.035 Above OPIS $0 Charge
Port Arthur, TX.
(3) Gold Star Petroleum, Inc $ 0.0334 Above OPIS $40 Charge
Spring, TX.
(4) Sun Coast Resources .$ 0.0985 Above OPIS $50 Charge
Houston, TX.
(5) RelaDyne $ 0.07 Above OPIS $50 Charge
Port Arthur TX.
1
P.R.NO.18268
Page 2 of 2
Budgetary/Fiscal Effect:
Funding for the ultra low sulfur diesel fuel purchase is available from Transit
Inventory/Stores Account Number: 401 - 0000 - 142.10 -00. As the fuel is utilized/consumed from
the Inventory/Stores Account it will be expensed to Transit Account Numbers: 401 -1502-
561.24 -00 and 401- 1506 - 561.24 -00 respectively.
Staffing/Employee Effect:
No anticipated effect on staffing is expected with this action.
Summary:
The Transit Department recommended that the City Council approve Proposed Resolution
No.18268 authorizing a diesel fuel contract with Petroleum Traders Corporation of Fort
Wayne, Indiana, for the amount of $0.0129 above OPIS and a Split Delivery charge of
$40.00. Funding for current and future ultra low sulfur diesel fuel purchases are available from
Transit Inventory/Stores Account: 401- 0000 - 142.10 -00 and as consumed will be expensed to
Transit Account Numbers: 401 - 1502 - 561.24 -00 and 401- 1506 - 561.24 -00 resspectav- y.
1 —v.1
Tom Kestranek Colleen Russell
Transit Manager Director of Transit
2
P.R.NO.18268
Page 1 of 2
03/27/2014
ACB
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH PETROLEUM TRADERS CORPORATION
OF FORT WAYNE, INDIANA, FOR THE PURCHASE OF ULTRA LOW
SULFUR DIESEL FUEL IN AN AMOUNT NOT TO EXCEED
$400,000.00; FUNDING IS AVAILABLE IN TRANSIT ACCOUNT
NUMBERS: 401 - 1501 - 561.24 -00 AND 401 - 5606 - 561.24 -00.
WHEREAS, Purchasing advertised in the Port Arthur News on the 23 day of
February, 2014 and the 2 day of March, 2014, for bids for the annual supply contract
for the purchase of ultra low sulfur diesel fuel; and
WHEREAS, on the 12 day of March, 2014, five (5) bids were received and
opened, of which two (2) were Port Arthur vendors, and have been evaluated by the
Purchasing and Transit Departments, a copy of the bid tabulation is attached hereto as
Exhibit "A "; and
WHEREAS, Petroleum Traders Co., of Fort Wayne, Indiana, was the lowest and
most responsive bidder; and
WHEREAS, it is in the best interest of the City of Port Arthur to enter into a
contract with Petroleum Traders Corporation, in substantially the same form as attached
hereto as Exhibit "B "; and
WHEREAS, the Federal Transit Administration (FTA) has set forth regulations
and clauses (attached hereto as Exhibit "C ") that must be followed in order to utilize
federal funds.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR:
,
.4
THAT the City Manager of the City of Port Arthur is hereby authorized and
directed to execute on behalf of the City a one (1) year contract, with an option to renew
for one (1) additional year, between the City of Port Arthur and Petroleum Traders Co.
for the purchase of ultra low sulfur diesel fuel in substantially the same form as attached
hereto as Exhibit "B ".
THAT funding for the ultra low sulfur diesel fuel purchase is available from
Transit Inventory/Stores Account Number: 401 - 0000 - 142.10 -00. As the fuel is
utilized /consumed from the Inventory/Stores Account it will be expensed to Transit
Account Numbers: 401 - 1501- 561.24 -00 and 401 - 1506 - 561.24 -00 respectively.
THAT a copy of the caption of this Resolution be spread upon the Minutes of the
City Council
READ, ADOPTED AND APPROVED this day of April, 2014 at a Regular
Meeting of the City Council of the City of Port Arthur, Texas by the following vote: Ayes:
•
Mayor:
Councilmembers: •
•
•
NOES: .
MAYOR
ATTEST:
City Secretary
APPROVED AS TO FORM:
ity A rn
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E.,
Interim City M. ..
Al
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Director of Tr; nsit
APPROVED AS TO AVAILABILTY OF FUNDS:
i
ie / , 4,41.,/2.--, __....e, ..40- /
Director of Finance
P - •l..- A /
Purchasing Manager
EXHIBIT "A"
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EXHIBIT "B"
CONTRACT FOR THE PURCHASE OF
ULTRA LOW SULFUR DIESEL
FOR THE CITY OF PORT ARTHUR'S TRANSIT DEPARTMENT
THIS AGREEMENT, made this day of 2014, 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 Petroleum Traders Corporation, a(n) corporation
herein acting by and through , hereinafter called "CONTRACTOR ".
WITNESSETH: That for and in consideration of the payment terms, conditions and
agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The term of this Contract shall be from to , with
an option to renew for one (1) additional year. The City can terminate this contract at its
convenience which includes, but is not limited to, funding not being available in any budget
cycle with ten (10) days written notice.
2. The Contractor will supply Ultra Low Sulfur Diesel to City of Port Arthur Transit
Department.
3. During, the term of this Contract, the Contractor will furnish at his own expense all of the
materials, supplies, tools, equipment, labor and other services necessary to connection
therewith, excepting those supplies specifically not required of Contractor in the
Specifications.
4. The CONTRACTOR agrees to perform all the work described in the specifications
and contract documents and to comply with the terms therein for the amount of
$0.0129 over OPIS with a Split Delivery Charge of $40.00, in an amount not to exceed
$400,000.00.
5. The term "Contract Documents" means and includes the following:
A. Agreement
B. Information for Bidders
C. Bid
D. General Conditions
E. Specifications
F. Addendum
G. Notice to Proceed
Page 1 of 2
6. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their
duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original
on the date first above written.
Signed on the day of , 2014.
CITY OF PORT ARTHUR
BY:
John A. Comeaux, P.E.,
Interim City Manager
ATTEST:
CITY SECRETARY
Signed on the day of 2014.
CONTRACTOR:
PETROLEUM TRADERS
CORPORATION
BY:
Print Name:
Title:
WITNESS:
Print Name:
Title:
Page 2 of 2
DELORIS "BOBBIE" PRINCE, MAYOR 1 t JOHN COMEAUX
ROBERT E. `BOB" WILLIAMSON, MAYOR PRO TEM ACTING CITY MANAGER
COUNCIL MEMBERS: City o f c =
_ SHERRI BELLARD
RAYMOND SCOTT, JR. )4l CITY SECRETARY
ELIZABETH "LIZ" SEGLER ,
MORRIS ALBRIGHT, III VALECIA R. TIZENO
ROBERT TROY O /"f T t {2 tl l' CITY ATTORNEY
WILLIE `BAE" LEWIS, JR.
DERRICK FREEMAN Texas
KERRY "TWIN" THOMAS
FEBRUARY 24, 2014
INVITATION TO BID
Ultra Low Sulfur Diesel Fuel
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central
Standard Time, Wednesday, March 12, 2014. (The clock located in the City Secretary's office will
be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, March 12,
2014 in the City Council Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to attend.
MARK ENVELOPE: Diesel
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
Please submit questions or exceptions in writing to the email above. The final day for contractor
to submit is March 5, 2014 at 10:00 a.m.
Purchasing Division /Finance Department 1 Purchasing Manager, Shawna Tubbs, CPPO, CPPB
P.O. Box 10891444 4th Street' Port Arthur, Texas 776411 409.983.8160 1 Fax 409.983.8291
The enclosed INVITATION TO BID (ITB) and accompanying GENERAL 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 2of14
INVITATION TO BID
ULTRA LOW SULFUR DIESEL FUEL
(To be Completed ONLY IF YOU DO NOT BID.)
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT
WT 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 14
SPECIFICATIONS FOR
ULTRA LOW SULFUR DIESEL FUEL
All deliveries will be F. O. B City storage tanks. Deliveries will be by a Tank Transport Truck.
Bidders must bid a price differential above or below the average price of the PADD 3 Report published
for Beaumont/Port Arthur, Texas, by the Oil Price Information Service (OPIS). The price of fuel
delivered during the contract term will be determined by applying the differential bid to the PADD 3
average price in affect on the date of delivery. The PADD 3 price in effect will change each Monday
to the price published the previous Thursday.
All delivered fuel shall be transferred to the City of Port Arthur owned tanks. Delivery trucks shall be
properly equipped with accurate measuring devices, vapor recovery systems, and spill pickup
equipment. City of Port Arthur personnel must verify this equipment upon completion of delivery.
Deliveries shall be made on a net gallon basis, temperature corrected to 60° F. Vendors must be able
to furnish certificates issued by the State of Texas that verify tank capacities for a given truck.
Orders for deliveries will be made by the Transit and Utility Operations Departments in quantities of
8,000 gallons or less. Deliveries will be made within one (1) workday of the order to the locations
listed below:
Department Location Estimated Annual Usage Hours of Delivery
Transit 301 4 Street 98,000 gallons 8:00 A. M. - 5:00 P. M. (M -F)
Utility Operations 2901 Hwy. 365 2,000 gallons 7:00 A. M. - 2:00 P. M. (M -F)
The amounts specified are estimated based on past experience and the City is not obligated to purchase
these amounts.
The City's minimum delivery time for an emergency which is hurricanes, natural disasters, or other
declared emergencies will be eight (8) hours. Vendor shall provide an emergency plan to the City of
Port Arthur for delivery, including length of time after receipt of order that vendor shall make delivery
of fuel. Vendors shall state other entities having a priority of delivery over the City of Port Arthur.
Quality Control: An original copy of the refinery manifest shall accompany all deliveries. The
manifest must be identifiable as to the refiner or common carrier pipeline terminal. Deliveries from
any other source will be rejected. Any transport arriving without proper paperwork will not be
permitted to unload. The City of Port Arthur reserves the right to test fuels at any time for
specification compliance. The cost for such tests shall be paid by the seller in the event the product
fails to comply. Such failure will result in the prompt removal of failed products, using the vendor's
equipment, at no cost to the City of Port Arthur, within twenty -four (24) hours of notification.
Acceptable fuel shall immediately replace unacceptable fuel based on the quality of questionable fuel
originally delivered to a given location at no charge for the entire shipment. Violation of specification
requirements may give the City of Port Arthur cause to cancel the contract and will be a consideration
of future awards.
Page 4 of 14
Fuel prices bid will exclude all taxes and loading fees.
The bidder must submit Material Safety Data Sheet(s) with bid.
Number 2 Low Sulfur Diesel Fuel shall meet or exceed the following specifications:
API Gravity 31.8
Cetane index 45.0
Flash point 158° F
Mercaptan sulfur 0 004%
Water and Sediment 0 0%
Pour point 10° F
Sulfur .0.14%
All fuel shall meet or exceed the performance criteria as established by new vehicles manufacturers or
the Society of Automotive Engineers or the American Society for Testing and Materials.
The contract will be for 12 months and the city will have the option to renew the contract for one
(1) additional year.
Page 5 of 14
CITY OF PORT ARTHUR, TEXAS
•
13 ID SHEET'
131T) FOR: Ultra Low Sulfur Diesel. Fuel •
1311) DUE DATE: March 12. 2014
DESCRIPTION 1 °P1' DIFFERENCE ! FIAT CIIARGE FOR SPLIT DELIVERY TO
NIORE THAN ONE :LOCATION
0.0129 s $40.00
! Lltra Low Su!fur Diesel Fuel 1__$
Petroleum Traders Corporation 7120 Pointe Inverness Way
COMPANY NAME STREET ADDRESS
/14/■()(4 •
SIG ATuRr OF BIDDER p.O. BOX
Gayle Newton Fort Wayne IN 46804
PRINT (.)R TYPE NAME CITY STATE ZIP
Contract Sales Manager 800-348-3705 x1002
TITLE AREA CODE TEL El'i•IONFI No
•
gnewton@petroleumtraders.com 260-203-3820
EMAIL FAX NO.
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Pag,t 6 or
NON-COLLUSION AFFIDAVIT
CITY OF PORT ARTHUR §
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STATE_ OF TEXAS §
L By the. signature below, the signatory for the bidder certifies that neither he nor the firm,
corporation, partnership or institution represented by the signatory or anyone acting for the
il
firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01,
•
et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor
communicated directly or indirectly the bid made; to any competitor or any other person
engaged in the same line of business, nor has the signatory or anyone acting for the firm,
corporation or institution submitting a bid committed any other act of collusion related to the
development and submission of this bid proposal.
Signature: ket
Printed Name:
Gayle Newton
Title: Contract Sales Manager
Company: Petroleum Traders Corporation — —__— __
til Date: 3/10/2014
— Gayle Newton
P_i SUBSCRIBED and sworn to before me the undersigned authority by the 10th of,
Al March ,_2014 .on behalf of said bidder.
t
/ &''i • v A ' i i.,6
i
N tary Public in ant or the Katherine J. Thayer
State of - X062.08, Indiana
ii
My commission expires: 5/28/2016
ri
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Page 7ol
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AFFIDAVIT
All pages in OiTeror's Responses containing Staten "tents. letters, etc., shall he signed by a duly •
•
authorized officer of the company whose signature is binding.
•
•
The undersigned offers and agrees to one of the following:
:: X 1 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. 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.
Petroleum Traders Corporation 3/10/2014
Firm Nam= Date
Vice President
Au . - ized Signature . Title
•
Linda Stephens 800- 348 -3705 x1002
Name (please print) • Telephone
gnewton @petroleumtraders.com
.Email
•
STATE: Indiana
COUNTY: Allen
is
SUBSCRIBED AND SWORN to before me by the above named Linda Stephens
•
on this the 10th day of March 20 14
� r
, Notary Public ! atherine J. hayer
RETURN 'MIS AFFIDAVIT AS PART OF THE :13I1) PROPOSAL
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° ,, ?, 8 of 14
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For Vendor or other person doing business with local governmental entity
his questionnaire; reflects changes made; to the law by 11.11. 1491, 80 Leg., Regular Session.
This questionnaire is being filed in accordance with Chanter 176, Local Government Code by a person who has a business relationship •
I os ciclined 1)y Section 176.00! (1..a) with '5 local governmental entity and the person meets requirements under Section 176.006 (a).
13v law this questionnuii - e must he tiled with the records administrator of tbe. local governmental entity not later than the 7 business
•
day after the date the person becomes aware of filets that require the statement to be filed. See Section 176.006, Local Government
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 ,__...1 Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you tilt •ui updated completed questionnaire. lv !tft the appropriate li!intt. authority not later than
7 business da) after the date Me originally filed questionnaire becomes incomplete or inac:Gm
3. Name of a local government officer with wham filer has employment or business relationship.
•
N/A
Name of Officer — —
__ This section (item 3 including subparts A, 0. 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 (I -a). Local Government Code. Attach additional pages to this Form
(.1Q as necessary.
A. Is the local r officer named in this section receiving or likely to receive taxable income, other than investment
income, hoop the filer of the questionnaire'?
-J i
Yes 1 l No
13 is the Tiler of the questionnaire receiving or likely to receive taxable income. other than investment income. from or at the
direction ol'the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
'�_� Yes Li No
C. Cs the tiler 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 1 0 percent or more?
Yes C No
I)_ Describe each employment or business relationship_with the local government oilicer named in this section. t•
ti
Y 1
t : a 3/10/2014
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___L\bikr•
Si_0.r.atc e f per, m doing business with the governmental entity Date - - _ - - -
Gayle Newton, Contract Sales Manager
{
Page 9of 14
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GENERA L 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.
Page 10 of 14
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or warranty
service required.
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public monies under any contract by
the City with such person until such person has paid all obligations and debts
owed to the City, or has made satisfactory arrangements to pay the same.
ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made
by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing
Manager. The City assumes no responsibility for the bidder's failure to obtain and /or properly submit
any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be
rejected. It is the vendor's responsibility to check for any addendums that might have been issued
before bid closing date and time.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the
City of Port Arthur as its principal place of business must have an official business address (office
location and office personnel) in Port Arthur, the principal storage place or facility for the equipment
shall be in Port Arthur and /or the place of domicile for the principal business owner(s) shall be in Port
Arthur or such other definition or interpretation as is provided by state law. Contractors outside the
City of Port Arthur are allowed to bid.
PRICES: The bidder should show in the proposal both the unit price and total amount, where
required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price
shall prevail.
PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the
successful bidder. The purchase order number must appear on all itemized invoices.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Transit
Department 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.
Page 11 of 14
INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other
officer, employee or agent of the City who exercises any functions or responsibilities in connection
with the planning and carrying out of the program, shall have any personal financial interest, direct or
indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance.
DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits
the City from granting any license, privilege or paying money to any -one owing delinquent taxes,
paving assessments or any money to the City until such debts are paid or until satisfactory
arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included
as part of this ITB.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood
and agreed that these quantities are approximate and any additional quantities will be paid for at the
quoted price. It is further understood that the contractor shall not have any claim against the City of
Port Arthur for quantities less than the estimated amount.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause
required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract
shall be read and enforced as though each were included herein. If, through mistake or otherwise, any
such provision is not inserted or is not correctly inserted the Contract shall be amended to make such
insertion on application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,
perform all work and furnish all supplies and materials, machinery, equipment, facilities and means,
except as herein otherwise expressly specified, necessary or proper to perform and complete all the
work required by this Contract, in accordance with the provisions of this Contract and said
specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of a
detailed description concerning any point shall be regarded as meaning that only the best commercial
practices are to prevail.
While the purpose of the specifications is to indicate minimum requirements in the way of capability,
performance, construction, and other details, its use is not intended to deprive the City of Port Arthur
the option of selecting goods which may be considered more suitable for the purpose involved.
In the event of conflicts between the written bid proposal and information obtained verbally, the
vendor is specifically advised that the written bid proposal will prevail in the determination of the
successful bidder.
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a
timely and proper manner his obligations under this contract, or if the Contractor shall violate any of
the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to
Page 12 of 14
terminate this contract by giving written notice to the Contractor of such termination and specifying
the effective date thereof, at least fifteen (15) days before the effective date of such termination.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of the contract by the Contractor, and the City may
withhold any payments to the Contractor for the purpose of set -off until such time as the exact amount
of damages due the City from the Contractor is determined.
TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time
giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the
City as provided herein, the Contractor will be paid for the service that it has performed up to the
termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph
hereof relative to termination shall apply.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the
Contractor to furnish releases or receipts for any or all persons performing work and supplying
material or service to the Contractor, or any sub - contractors for work under this contract, if this is
deemed necessary to protect its interests.
CARE OF WORK: The Contractor shall be responsible for all damages to person or property that
occurs as a result of his fault or negligence in connection with the work performed until completion
and final acceptance by the City.
SUB - CONTRACTS: The Contractor shall not execute an agreement with any sub - contractor or
permit any sub - contractor to perform any work included in this Contract until he has received from the
City of Port Arthur written approval of such agreement.
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of
Texas, unless otherwise permitted by Owner. The 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.
Page 13 of 14
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.
NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of
the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within
such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR.
CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available
Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the
contractor.
WAGES & SALARIES: Attention is particularly called to the requirement of not paying less than the
prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These
rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the
Bidder to inform themselves as to local labor conditions. Attention is called to the requirement that
employees and applicants for employment are not discriminated against because of race, color,
religion, sex, age or national origin.
Page 14 of 14
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CITY OF PORT ARTHUR, TEXAS
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( / 4-4/44>;:—:;-- ADDENDUM NO. ONE (1)
V --/ ' '' f\'1Lrch 3, 2014
Bid Proposal For: Ultra Low Diesel Fuel
The following clarifications, amendments, deletions, additions, revision and/or modifications are
made a part of the contract documents and change the original documents only in the manner and
to the extent hereinafter stated and shall he incorporated in the contract documents.
Provisions of this addendum shall take precedence over requirements of the original contract
documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID . ..
•
PROVISIONS rN THE SUBMISSION OF THEIR BID.
Addendum as follows:
1. Attached are the federal clauses for ETA. Bidders are required to fill out the .
appropriate pages and return with the bid.
If you .have any questions, please contact the Purchasing Division at 409-983-8160.
NOTE: ALL PAGES OF ADDENDA MUST 13E SIGNED AND SUBMITTED WrIll
-:-: YOUR BID DOCUMENTS. .
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6 44, ,„..--' ii-'.., .../,..4 /_-.'9.4 7.(ZZ
=t
Clifton Williams
Senior Purchasing Assistant
Y.-2(1. ittAAA '
3/10/2014
Signature of Proposer Date :
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Gayle Newton, Contract Sales Manager
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EXHIBIT "C"
- Fable of Contents
• 1.. Drug and Alcohol Testing
2, FIy America Requirements
3. Buy America Requirements
4. Charter Bus and School Bus Requirements
5. Cargo Preference requirements
•
6. Seismic Safety Requirements
7. Energy Conservation Requirements
8. Clean Water Requirements
9. Bus Testing
10. Pre -Award and Post Delivery Audit Requirements
1.1. Lobbying
1 Z. Access to Records and Reports
13. Federal Changes
14. Bonding Recluire•rnents
15. Clean Air
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16. Recycled Products •
17. Davis -Bacon Act
1.8. Contract Work 1 -lours and Safety Standards Act
19. Copeland Anti- Kickback Act
20. No Government Obligation to Third Parties
21. Program Fraud and False or Fraudulent Statements and Related Acts
22. Termina Hon
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• 23. Government -wide Debarment and Suspension (Non-procurement)
•
24. Privacy Act
25. Civil Rights Requirements
26. Breaches and Dispute Resolution
•
27. Patent and Rights in Data
28. Transit Employee Protective Agreements •
29. Disadvantaged Business Enterprises (DBE)
30. State anti Local Law Disclaimer
•
31. Incorporation of Federal Transit Administration (FTA) 'Perms •
Bidders are strongly advised to read and adhere to all signature and contractual
requirements. Requirements are specifically outlined within. this Contract •
Agreement. Failure to comply with all requirements could result in the bid being
rejected as non- responsive.
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Federally Required and other Model Contract Clauses 2
I. DRUG AND ALCOHOLTEST[0G
49 D.SZ./\533I
49 CPR Parts 653 and 654
Applicability to contracts
The Drug and Alcohol testing provisions up Operational Service Contracts.
Flow Down Requirements
Anyone who performs a safety-sensitive functim for the City of Port Arthur or subrecipient is
required to comply with 49 CFR 653 and 654, unless the contract is for maintenance services.
'Maintenance contractors for non-urbanized area formula program grantees are not subject to
the rules Also, the rules do not apply to rnaintenance subcontractors.
ModolC]uonr/Languago
introduction
FTA drug arici alcohol rules, 49 CF1 653 and 654, rcspecdveiy, are un.que amon i:he
regulations isued by FLA.. First, they require the City of Port A,U``'r to ensure that any entity
performing safety-scnxid,c 6/ncbw` on |6c City of I?nrt/\rthco'n behalf (usually ouLrcc±pients
and/ or contractors) tmplemeni a complex dn.ig and ulcohn) testing program that complies v/itb
Parts 653 and 654. Scrond the ,ulescouJihon the receipt o/ certain kinds n[ FTA funding on the
City of Port Arthur's compliance with the rules; thus, the City o{ Port Arthur is no, in
compliance with the rules unless every entity that performs u safety-sensitive ( unction on the
City of Port Arthur's behalf is in compliance with the rules. Third, the rules do not specify how
City of Port Arthur ensures that its subrecipients and/or contractors comply with them. •
Drug and Alcohol Testing
•
The contractor agrees to establish and inpleczenLo drug and alcohol testing program that
complies with 49 CFR Parts 653 and 654., produce any documentation necessary to establish its •
comp 6anra with Parts 653 and 654, and permit any ou8ho,iz,ed representative o( the United
States -Department of Trans tion or its operating a d ministra bons, au! State Oversight'
Agency oFTexns'oz 1ii City of Port Ai'ihu.r, to inspect ihe iacili.iies and records associateci wiih
the implementation uf the drug and alcohol testing program as i'equired under 49 CFR Paris 653
and 654 and review the testing process. The contractor agrees further to certify annually its
compliance with Parts 653 and 654 before (insert date) and to su.bmit the Management
Information System (MIS) reports before (insert date before March 15) to (insert title and.
address of person responsible for receiving information). "iro certify compliance the contractor
shall use the 'Substance Abuse•Certifications" in the "Annual List of Certifications and
Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is
published annually in the Federal Register. ISa Cont agrees further /n [Select a' h' or c] (a)
submit before (insert date nz upon request) » copy `f the . Policy Sxsterncnt developed tv
irnpiement d:s drug and. alcohol teStmg program; 05 (5) adopt (insert dM
Statement the recipient wishes the contractor to use.) as its policy statement ns required under 49
CIT\ 653 and 654; 0.5 (c) subrrlit for rcview and approvai before (irIserI. date or llpon re9u asi) 1
ropy af its Policy Sietement developed 10 irnplernenl: its drug and alcohol iesulg prograol. [n
addition, the c:ontractor agrees to: (to be determined by the recipient, b may address a reas
such as: the selection of the certified Iztboratory, substanc.:e abuse professional, or Medical
.Review Officer, or the use of a consortium).
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Federally Required and other Model Contract Clauses 3
2. FT_Y AMERICA REQUIREMENTS
49 USC; 4 10118
41 CFR Part 30i -10
Applicability to Contracts
The Ply America requirements apply to the transportation, of persons or properly, by air,
between a place in the U.S. and a place outside the U.S., or between places outside the U.S.,
\-ahi.n the FTA will participate in the costs of such air transportation. Transportation on a
1 : oreign air carrier is permissible when provided by a foreign air carrier under a code share
agreement when the ticket identifies the U.S. air carrier's designator code and flight number.
Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air
transportation agreement to which the U.S. Government and a foreign government are parties
and which the Federal DOT has determined meets the requirements of the Fly America Act.
Mow I)o \tin Rcduirerrie ;ts
111e Fly ! \ir.erica requirements flow down from FTA recipients and subrecipients to first tier •
contractors, who are responsible for ensuring that lower tier contractors and subcontractors are .•
in compliance.
Model Clause /Language
The relevant statutes and regulations do not mandate any specified clause or language. FTA
• proposes the following language.
1 "i} "1'' mine, l:eguirernent5 1llc 1..orltrat:tor agrees ti) coin ply with 49 t_1'SL._ §40115 (the "Fly
America' Act) in accordance with the General Services Administration's s regulations at 41 CFR
'art 301 -10, which provide that reci and subrecipients of Federal funds and their
contractors are required to use U.S. Flag air carriers for U.S. Government- financed international
•
air travel and transportation Of their personal effects or property, to the extent such service is
available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly
America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate
certification or memorandum adequately explaining why service by a U.S. flag air carrier was
not available or why it was necessary to use a foreign air carrier and shall, in any event, provide
a certificate of compliance with the Fly America requirements. The Contractor agrees to include
the requirements of this section in all subcontracts that may involve international air
transportation. •
3. 13UY AME1 ICA REQUIREMENTS
49 USC 5 5323(j)
49 CFR Part 661
• Appliciibility to Contracts
The Buy '3Vinerica requirements apply to the following types of contracts: Construct - ion
Contracts and Acquisition of Goods or Rolling Stock (valued at more than $100,000).
Flow 1 •
The Buy America. requirements flow down from PTA recipients and subrecipients to first Her
contractors, who are responsible for ensuring that lower. tier contractors and subcontractors are
in coinpl.i
•
Federally Required and oUhcr.&4udd Contract Clauses 4
Mandutory{2aosu/Iaopzage •
The lluy America regulahon, at 49 CFR 66I.l3 requires nodficud000[ the Buy America
requirements in FTA-funded contracts, but does not specify the langu.age to be used. The
following language has been developed byPTA.
Buy &•nerica The contractor agrees tu comply with 49 USG §53230) and 49CFR Part 66]
which provide that Fecleral funds rnay not be ohligaled unless steal, iron, and manufactured
products used in 'ETA-funded projects are produced in fte United States, unless a waiver has
been granted by FTA or the product is subject to a general waiver. General vvalvers are listed in
49CFR§66lIand include final assembly in the United Stites for 15 passenger vans and 15
passenger wagons produced by Chrysler Cxpora Lion, microcomputer equipment, software,
and small purchases (currently less than $100,000) mad.e with capital, operating, or planning
funds. Separate requirements for rolling stock are set out ui53236)(2)(C) and 49CFR § 661.11.
Ro11ii, .. st:ock not subject to a gerieral waiver mu.st be manufachned in the Lnited States and
have o6O percent domestic. content.
A bidder v, offeror must su6,nit to the |'I/\r.ripion, the appropriate Boy /\o`cricv certification
(bdovv) with all bids oo PIA-funded contractscxco��U�xenz�ec��ou&coe,o1vva�rocD�dun�
' subject
offers 6ha|arc not accou`paniod6, a completed iiuy America certification rnustbe rejected as
non-responsive. This requirement does not apply to lower tier subcontractors.
Clertificabonrpquizooent for procurement o/stc. or manufactured products.
• Certificate of Compliance with 49USC§B23(j)0
The bidder or offeror hereby certifies that it will meet the requirements of 49 USC § 53230)(1)
d the applicable regulations io49CFR Part 6' .
te � - _--- 3/10/2014
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5i8na�a n _ -_
[nmpnr�
N ame Petroleum_
Title Linda Stephens, Vice President.
Certificate Non-[vn�n8vmuni6h49�USC�532J(�O)
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The bidder or offeror hereby certifies that it cannot compbv wifh the requirements of49USC
53230)(I)' but b may qualify for an exception pursuant tn49DSC 5323(j)(2)(B) or(j)(2)(D)and
the regulations in 49 CFR § 661.7.
Dag. - ----- ------__ — __'--_ - _ - _--_ - __ - __ - '___ - _' - ______----___ - _--__
Signature
______.____----__--____--__
Company Nacne
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Federally Required and other Model Contract Clauses 5
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� Titl _Ultra Low Sulfur ____�
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• CcrdGcationregoirezncnt6xpnuureuznntof}sea other rolling suckandosxociated
equipment.
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« Certificate of Compliance with 49DSC5 B236}[D(C).
ii
The bidder or offero herehy certifies t it will comply with the requirements of49USC § .
5323U\(2)((] and the reg Part 66l.
3/10/2014 ^' ~ ,
Da -_-- __' - -- -----'--- ------
` /
_____ _____ �r 7 / • ' '
„, Signature _ '- _ _ _ - ^ �� � ~.�-___^__� . � _� '--_-__
� Comp^nyN�/:n_ pono / o _ ________________
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Title - Linda Stephens, Vice President
__
��/�//�rv�o/�Vou'[oo/p/�:non'�th�9DSC�5]
The bidder ur offeror hereby certifies that it cannot comply with the requirements o[49USC g
532J6)(2)(C)' but may qualify for no exception pursuant to49DSC§6323U)(2)(B) 5.
dbece�ulabonnbo49CFRgG6l7�
Dn»e — _ --_____ ----_-_________'_--�-----------'-----------------------
Sig nature _
Company Name _____-------__�_'___�________�_______
p.
3.
Title_________-__-_-_-_'____�-__---'------'------- ----
4. CHARTER BUS REQUIREMENTS
44USC ti 5323(d)
4ACFR Part 6O4
Applicability |oContracts
.;.; g
The" Uos,egoi,o,rentvapply ro the following type of contract: Operational Service
Contracts.
.
How D . Requirements
'rile Charter Bus requirnnients flow down from PTA recipients and xu6rcc|pimu to first tier ii
service contractors.
'Model Clause/ Language
T6xzelevontomtutos and regcdu6000do not ozanda,eany opcc�icc�uoeo,language. The
yf: foliowing clouse has been developed. by FTA.
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Federally Required and other Model Contract Clauses 6
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Charter Service Operations -The contractor agrees to comply with 49 USC 9 5323(d) and 49 Ci'h
Part 604, which provides that recipients and subrecipients of ETA assistance are prohibited from
providing charter service using federally funded equipment or facilities if there is at least one •
private charter operator willing and al:)le to provide the service, except under one of the
exceptions at 49 CFIZ 9 604.9. Any charter service provided under one of the exceptions must be
"incidental," . i.e., it must not interfere with or detract from the provision of mass transportation.
5. SCHOOL BUS REQUIREMENTS
19 USC § 5323(F)
49 CFR Part 605
Applicability to Contracts
The School Taus requirements apply to the following type of contr Operational Service
Contracts.
Flow Town Requirements
The School Bus requirements flow down from F'1'A recipients and subrecipienis to first tier
service contractors. •
iModel Clause/ Language
The relevant statutes and regulations do not mandate any specific clause or language. The
following clause has been developed by 1 I A.
School Bus Operations -- Piu•suani to 69 USC 9 5323(1) and 49 CFR .Part 605, recipients and
subrecipi.ents of .ETA assistance may not engage in school bus operations exclusively for the
gl transportation of students and school personnel in competition with private school bus
operators unless qualified under specified exemptions. When operating exclusive school bus
service under an allowable exemption, recipients and subrecipient:s may not use federally
funded equipment, vehicles, or facilities.
6. CARGO PREFERENCE REQUIREMENTS
46 USC 9 1211
46 CER Part 381
• App.lic ability to Contracts
The Cargo 1'referencr requirements apply to all contracts involving; equipment, materials, or
il commodities that may he transported by ocean vessels,
Flow Do
The: Cargo Preference requirements apply to all subcontracts when the subcontract may be
involved with the transport of equipment, material, or commodities by oce 7ivessel.
Model Clause /Language
The MARAD regulations at 46 CFR 9 contain suggested contract clauses. The following
1 angua ,e .is proff by i'1 A.
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Federally Required and other Model Contract Clauses 7
Cargo Preference - Use of United States -Flag Vessels -'Ihe contractor agrees: a. to use privately
owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever
shipping any equipment, material, or commodities pursuant to the underlying contract to the
extent such vessels are available at fair and reasonable rates for United States -Flag commercial
vessels; b. to furnish within 20 working days following the date of loading for shipments
originating within the United States or within 30 working days following the date of leading for
shipments originating Outside the 1.:Ilite.ci )1ILes, a lel'7D11 copy of a rated ion- board"
commercial ocean bill-of - lading in English for each shipment of cargo described in the
preceding paragraph to the Division of National Cargo, Office of Market Development,
Maritime Administration, Washington, DC 20590 and to the ETA recipient (through the
contractor in the case of a subcontractor's bill -of- lading.) c. to i..nch.ide these requirements in all
subcontracts issued pursuant to this contract when the subcontract rri.ay involve the transport of
equipment, material, or commodities by ocean vessel.
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7. SEISMIC SAFETY REQUTRE \lF rs
42 IJSc.: § 7701 et sec). 49
Ca I: Pa r:: 41
.Applicability to Contracts • 1.
The Seismic Safety requirements apply only to contracts for the construction of new buildings •
or additions to existing buildings.
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Flow D own
The Seismic. Safety requirements flow down from FTA recipients and subrccipients to first tier
contractors to assure compliance, lvith the applicable building standards for Seismic Safety,
including the work performed by all subcontractors.
Model Clauses/ Language enf;uahe
The regulations do not provide suggested language for third -party contract clauses. The
following language has been developed by ETA.
Seismic Safety - The contractor agrees that any new building or addition to an existing building
will be designed and constructed in accordance with the standards for Seismic Safety required
in Department of Transportation Seismic: Safety Regulations 49 CFR Part 41 and will certify to
compliance to the extent required by the regulation.'l.'he contractor also agrees to ensure that all
work performed under this contract including work performed by a subcontractor is in
co mpliance with the stand ards required by the Seismic Safety Regulations and the certi.f ica ticm
of compliance issued on the project.
8. ENE.RG'? ONSERVATIO:N REQUIREMENTS
42 USC § 6321 et seq.
49CFRPart "18
Applicability to Contracts
Thc Energy Conservation requirements are applicable to all contracts.
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Federally Required and other Model Contract Clauses
How Down
The Energy Conservation requirements extend to all third party contractors and their contracts
at every tier and subrecipierats and their subagreernents at every tier.
Model Clause /Language
No specific ciau.se is recommended in the regulations because the Energy Conservation
requirements are So dependent on the state enerp.;y conservation plan. The following language
has been developed by F"I'A.
Energy Conservation - The contractor agrees to comply with .mandatory standards and policies
relating to energy efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act.
9. CLEAN WATER RE(1TIRF M1 N;'S
33 USC y 1251
Apoiicabi]ity to Contracts
The C.. :lean Water requirements apply to each contract and subcontract a-vlaich exceeds $1.00,000.
Flow I )own
The Clean Water requirements flow clown to FTA recipients and subrecipients at every tier.
is
Model Clause/ l..anguage
While n mandatory clause is contained in the Federal Water Pollution Control Act, as
• amended, the following language developed by FTA A contains all the mandatory requirements.
4�.
Clear; \'Vater - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC S
1251 et: seq. The Contractor agrees to report each violation to the: Purchaser and understands
and agrees that the Purchaser ovi11, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
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(2) The Contractor also agrees to include these requirements in each subcontract exceeding
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$100,000 financed in whole or in part with Federal assistance provided by FTA. •
10. BUS TESTING
49 USC 5 5323(c) •
49 CH. Part 665
Applicability to Contracts
The Bus Testing; requirements pertain only to the acquisition of Rolling Stock/ Turnkey.
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Flow Down
The Bus Testing requirements should not flow dower, except to the turnkey contractor as stated
in Master Agreement.
•v1odel clause/Language
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Federally Required and other Model Contract Clauses 9
Clause and language therein are merely suggested. 49 CFR Part 665 does not contain specific
�b
language to be .included in third party contracts but does contain requirements applicable to
subrecipient;s and third party contractors. Bus Testing Certification and language therein are
merely suggested.
Bus Testing - The Contractor [Manufacturer] agrees to comply with 49 USC § A 5323(c) and
FTA's impleinenting regulation at 49 (2FR Part 665 and shall perform the following:
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1) A manufacturer of a new bus model or a bus produced with a major change in components
Or configuration shall provide a copy of the final test report to the recipient at a point in the
procurement process specified by the recipient which will be prior to the recipient's final.
i - i acceptance of the first vehicle.
2) A manufactures who releases 0 report under paragraph 1 above shall provide notice to the
operator of the testing facility that the report is available to the public.
3) If the manufacturer represents that the vehicle was previously viousLy testes{, the vehicle being sold
should have the identical c:onfil;uration and major components as the vehicle in the test report,
which -lust be provided to the recipient prior to recipient's final acceptance of the first vehicle.
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If the configuration or components are not identical, the manufacturer shall provide a
description of the change and the manufacturer's basis for concluding that it is :not a major
change requiring additional testing.
4) If the manu factu.rer reoresents that the vehicle i5'''tranclEatllered (has been used in mass
transit service in the United States before October 1, 1988, and is currently being produced
. without a major change in configuration or components), the manufacturer s11a11 provide the •
name and address of the recipient of such a vehicle and the details of that vehicle's
configuration and major components.
CERTIFICATION OF COMPLIANCE Willi 'ETA's BUS TESTING REQUIREMENTS
The undersigned [Contractor /Ivlanuiacturarl certifies that the vehicle offered in this
procurement complies with 49 USC § A 5323(c) and PTA's implementing regulation at 49 CFR
•_ Part 665.
ii
I undersigned understands that misrepresenting the testing status of a vehicle acquired with
Federal financial assistance may subject the undersigned to civil penalties as outlined in the
Department of Transportation's regulation on Program Fraud Civil Remedies, 49 CFR Part 31..
Ei
In addition, the undersigned understands that FTA may suspend or debar a manufacturer
under the procedures in 49 CFR Part 29.
z
Date: 3/10/2014
•°` `
Signature: : — l , --
r ., - --- -- - - -
�
Petroleum Traders Corporation
G C;ornpar:� Name: - — - . -.... -- — _. -. -- - - -- -
Title: _Linda Stephens Vice President -___.. - .- ...._... _.
•
•
Federally Required and other Model Uontracl Clauses 10
•
lI. PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS • •
•
49 USC § 5323
49CFR Part 66J
Applicability toContracts
These requireinents apply only to the acquisition of Rolling Stock/Turnkey.
'
• How Down
These requirei ents shouid not flow down, except 10 the turnkey contractor as stateci in Master
8Srcom,oL
Model Clause/ Language
•
Clause and language l are rnerely sugested. 49[FD Part 663 does not contain
specific language to he included in third party contracts but does contain requirements
applicable tosu6zecipiootsand third party contractors.
" Buy America certification is mandated under FTA regulation, "}to'/\vvurd and Poxt-
Delivery Audits of Rolling Stock Pu,chascx t..; 663.1.3.
• Specific language for the Buy America certification io mandated by ETA regulation,
"Buy America Requirements—Surface Transportation Assistance Act of 1982, as amended,"
40CFR § 661.12, but. has been modified to include ETA's Buy America requirements codified at
49DSCDA5323(j)
Pre-Award and Post-Delivery Audit Require:menl:s The Contractor agrees 10 comply wiih 49
. D5C§53Z3(D and :EIA'o implementing regulation a/49CFD Part 66O and toxo6znit the
foDop/inAcerd{icatinns:
(1) Buy America Requirements: The Contractor shall complete and submit a declaration
certifying either compliance o, noncompliance vvitbl3ny Ame•rira. If the Biddr,/OKc,crorbfirs
compliance with Buy America, it shall submit documentation which lists1.) component and
subcomponent parts of tIie rolling stock to be purc:hasecl identified by manufaciurer of lhe
parts, their country of origin and costs; and 2) the location of the final assernblv point for the
rolling stock, including a description of the activities that will take place at the final assembly
point and .the cosi of final assembly. •
(2) Solicitation Specification Requirements: The Contractor shall nbrnit evidence that it will be
• capable of meeting the bid specifications. •
. ~~
(3) Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit 1)
manufortu/pr'nFk1VSS self-certification sticker information that the vehicle complies with
relevant :EN/R/5S or 2) manufacturer's certified statement that the contracted buses will not be
subject toFMVS5 regulations.
BUY AMERICA CERTIFICATE CF COMPLIANCE WITH PTA REQUIREMENTS
•
'
*
Fcdc'r]\y Required and other Model Contract Clauses l|
FOR BUFFS, OTI TER ROLLING STOCK, DK ASSOC; MED[0U{
Ob he submit tea with n bid or offer exceeding the small purchase threshold for }e/em/assistance
programs, mnm ill/ set n/$}00„UOOj
Certificate n/Compliance
The bidder hereby certifies that it will comply with the requirements of 49 USC § Sect
5323(j)(2)(C) Section l65(6)(3)c6 the Surface Transportation Assistance Act oflYD2.aa
amended, and the regulations of 49 CFR § 661]I:
D 3n0/2014
! ' a ct , • Signature: .' .4
•
[orynuu�Koonu� r�uv'�um Tr ume^ Corporation
_____
Title: Linda Stephens, Vice President
Ce,ti[irouxofNon'[onnPlionce
The bidder hereby certifies that iL cannot comply vvidh the requirements "M9lSC 5Section
5323(j)(2)(C)and Section 165(b)(3) of the Surface Transportation Assistance Act ofI982,an
amended, but rnay qualify for an excep6ori to the requirements cons with ;9DSC
Secboos532J0(2)(B) or (j)(D(Z)' Sections l6S(6)(2) or (b)(4) of the Surface Transportation
Assistance Act, as amended, and regulatio.ns in 49 CFR § 661.7
|]a/e _,_____',----_--
Signature:
Company Narne
Title:.
l2�OBDYDuG
31 D5(.2§ 1352
4;[�FK Part J9
• 49C]'R Part 2O
•
Applicability b�Lo tracts
• The 1,obbying requirements apply to Construction/ Architectural and Engineering/ Acquisition
of Rolling Stock/Professional Se.ryice Contract/Operational Service Contract/Turnkey
contracts.
How Down
•
•
•
•
Federally Required and other \Model Contract Clauses 12
'i'hc L,obbyin >g requirements mand the maximum flow down, pursuant to Byrd Anti..
Lobbying Amendment, 31 USC § 1352(b)(5) and 49 CFR Part 19, Appendix A, Section 7.
Mandatory Clause /Language
- Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.
:Modifications have been made to the Clause pursuant to Section.10 of the. Lobbying Disclosure
Act of 1995, PL 104 --65 [to be codified at 2 USC § 1601, et seq.]
Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are
mandated by 31 USC.: §1352(b)(5), as arnended by Section 10 of the Lobbying Disclosure Act of
1.995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR , 20.1.10(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7,
which provides that contractors file the certification required by 49 CPR fart 20, Appendix A.
\'Iodifica.tions have been inade to the Lobbying Certification pursuant to Section 1..0 of the
Lobbying Disclosure Act of 199.5.
•
- Use of "Disclosure of Lobbying Activities," Standard Form -LLL set forth in Appendix 13 of 49
CFR Part. 20, as amended by "Government wide Guidance For New Restrictions on Lobbying,"
61 Fed. Peel;. 1413 (1/19/06) is mandated by 49 CFR Part 20, Appendix A.
•
Byrd Anti - Lobbying Amendment, 31 USC § 1352, as amended by the Lobbying Disclosure Act .• •
of 1995, .1'1.. 104 -65 Ito be codified at 2 USC § 1601, et seq.] - Contractors who apply or bid for an
award of 5100,000 or more shall file the certification required by 49 CIF Part 20, "New
Restrictions on Lobbying.' Each tier certifies to the tier above that it will not and has not used
• Federal appropriated funds 1:o pay any person or organization for influencing or attempting to
:influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 USC § 1.352. Each tier shall also disclose the
name of any registrant ender the Lobbying Disclosure Act of 1995. who has trade lobbying
contacts on its behalf with non - Federal funds with respect to that Federal contract, grant or
award covered by 31 USC; § 1352. Such disclosures are forwarded from her to her up to the
recipient.
APPENDIX A, 49 (:FR part 20 - -CI REIFICATION REGARDING LOBBYING
4
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or nffi�r exceeding $100,000)
The undersigned [Contractor] certifies; to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or 00 behalf of the
unc:lersi >o d, tc ;try pers;>n for influencing or attempting to influ ence an officer or employee of
an agency, a Member 01 Congress, n officer or employee of Congress, or en employee of a 3
y
3
•
Federally Required and other Model Contract Clauses G �
IVIembe,o}Congress in conjecion with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative •
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, nr cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
•
Congress, an c)flicer or employee al:Congress., or an employee of alqembe.r of Congress :in
connection with this Federal coithact, grant, loan, or cooperative agreeinent. the undersigned
•
shall complete and submit Standard Form—ILL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying 61. Fecl. Rcg.1.41.3(I/19/96). Note: Language in paragraph (2) 1crein
has been modified io accordance with Section I0of the Lobb����Dioc�nsox�xr�o[lVY5(P�
.
I04'85,/o6e codified atZDSC§l6Ol seq.)}
•
(3)1 shc Lind eosiXn,dshJ} oquix^\ U`r| Xr o[ this certification be included in the award
documents for all sobaw'asjo at all tiers (including subcontracts, subgrants, and contracts under
lnaoo
accordingly.
This certification is a material representation Of fact upon which reliance was placed when this
• transaction ,'no made or entered into .Subrn.ission of this certification isi. prerequisite for
rna king or entering into Lb1obonxocLiun imposed 6y3l'USG Bl352 (as amended by [6r
Lobbying Disclosu.re Act of 1995). Any person Who fails to file the required certificahon shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
[Note: Pursl.nu')t to 31 USC § 1352(c)(1)'(2)(A), any person who makes a prohibited cvycz`Jiturc
or tails to file or amend a required certification or disclosure form shall he subject to a civil
penalty nf not less than 8l0 and not more than G1U0 for each such expenditure n,
fai7o,oj
Petroleum Traders Corporation
The Contractor, ' cc,bUnxo,aES/uz •the truthfulness and accuracy of each
statement of its c.ertifica non and disclosure, if any. In addition, the Contractor understands and
agiyes that le p,ovioiqono(]] D3[§/\380l' apply u` this certification and disclosure, if
, ^
` Signature of Contractor's Authorized Official
Linda Ste h vice president Name and Title of Contractor's Au l'horized Official
}
• 3/10/2014 ' Date
•
13. ACCESS TO RECORDS AND RP.?( R| •
49US[§
18 CPD§I8.36(i)
49[FK§633]7
Applicability to Contracts
^ �
•
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Fedeiall' Required and other vode1 Contracl Clauses 14
Reference Chart "Requiutnents tor Au:cess 10 Records and Reports by Type of Contracts'
•
Fk`rv
El'A does not require the. inclusion of these requirements in s
Mod c\[2u use/ Language
The specified longuage is riot niandated by the statules 01 reguiabons referenced, but the
language provided paraphrases the statutory or regulatory language.
Access to Records The foliowine access to records requirements apply to this Contract:
l. Where the Purchaser is not o State but o local government and iy the PTA Recipient u/o
subgraot:co[ the FTA 'Recipient io accordance wiGh C. F. R.lS,36(i) the Contractor agrees tn •
provide the Purchaser, the PTA Administrator, il Comptroller General of the United States or
any of their authorized •representative.is access to any books, documents, papers and records of
the Contractor which are directly perument 10 this Contract tor the purposes of rnaking audits, •
examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17
tn provide the FTA A6mioixtrauo,n, his authorized representatives including any P1\4O
Contractor access to Contractor's records and construction sites perta to a major capitol
project, defined at 49 USC § 5302(01, which is receiving fede•ral financial assistance throug;h the
programs described o\49US[§53O7
2. Where the Purchaser is a State and is the.FTA Recipient or a subgrantee of the FTA Recipient
accordancewiW 49 CFR § 633.17, Cont:ractor agrees 10 provide the Purchaser, the FTA
Ad`xinistrato, or his authorized representatives, including any PHO Contractor, access to the
Contractor's records and construction sites pertaining to a major capital project, defined at 49
U3C� p 5302(0I which is receiving lederp} financial assistance through the programs described
at49US[§55O7 definition, o major capital project excludes contracts ofless
than the simplified acquisition threshold currently set at $100,000.
l Where the Purchaser enlers into a negotiated contTact for other than a small purchase ar
under the simplified acquisition threshold and is an institution of higher education, a hospital
or other non-profit organization and is the FT/\ Recipient nroxu6g,aotec o[ the :PTA Recipient
in accordance with 49 CFR § 19.48, Contractor agrees to provide the Purchaser, FTA
Administrator, the Comptroller General of the UnitedStates or any of their duly authorized
representatives with access to any books, docurnents, papers and record of the Contractor
which are directly pertinent to this contract for the purposes of making audits, examinations,
excerpts and transcriptions.
4. Where any Purchaser which is dbcFT/l Recipient or a sv6Crantec of the FT/lRcdpientin
•
( C01 daflc( 1h 49 L( 5]25(o) enters into a contract for » capital project wrimprovement
(defined at49DSCh5302(a)I) through other than competitive bidding, the Contractor shall ~~
make available records related. to the contract to the Purcliaser, the Secretary of Transportation
and the Cnznpbn}lcrGpneza) or any authoiized officer or employee of any 01 them for the
purposes of conducting ;n auclit and mspech(>n.
•
5. 'The. Contractor agrees to permit any of the foregoing parties to reprod LICe . by any meEMS
whatsoever o,,o copy excerpts and transcriptions on reasonably needled.
•
•
,
.
^ `
^
Federally Required and other Model Contract Clauses 15
,„ '
° ,
�
T Contractor zu
6. 'T' D iny 600ks ' rmzndx'acouun� �
and reports
this contract for a period of not less than three years afterthe date of termination or e.xpira tion
of this contract, except in the event of litigation or settlement of claims arising from the
performance of this contract, in which case Contractor agrees io maintain same until the
Purchaser, the I'M Administrator, the Comptroller General, or anv of their duly authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions related
thereto. Reference 4g[FD,EliI8J9(U/l4
ii
7.1:TA does not require the inclusion of these requirements in subcontracts.
.Requirernents for Access to Records and Ieports ly Types of Contract
, • _____ _— ___�
[nnt Operatic) Tu/ok*y Constrocb I /\,rhitectv Argcinho Pro!csuioz
� [6a,ac^e6s6 nal on I ,a} uof al Services
cs Service En i eeri 8o| in8 '
Contract ng Suock .
� l5.-;uaon
Grantees ' None Those None None None None
irnnocud on
/ ^ '
a. Contracts � � state pass • • `
below SAT 'None Gnu to Yes, if ' None None None
($l00,000) unless' Contractor non- unless unless unless
non- nonpebbv 000- non' non,
b. Contracts cornppdd c' award or compobbv n000pehdv cnmPohhv
above veawvrd .i[funded e award e award eawa,d
VlO0'O0O/<�n U`r?'
pital Projects 5307/5309
/5311
-------~—`-------- -----` - --- T --- --- --
|
Grantees Those '
Yes imposed 00 Yes Yes Yes Yes •
ki
a. Contracts .non-sta
�
below SAT Yes Grantee Yes Yes � Yes Yes
($100,000) 0O/JOO) . pass thr u to
b. Contracts Coobactor
above . • ` |
Sl0000O/Cn • . �
pi\alPr�ecm� • _ �' �� 1 �
0 ,,,
Son rces of Au thority:
1 49USC§5325(a) "
Fj
`49[FRM6S3]7
`l@CF8�IO36(i)
14. FEDEQ6I CHANGES �
il
40CFK Part 8 •
•
.
|
•
. •
Federally Required and other Model Contract (Clauses 16
Applicability to Contracts
The Federal Changes requirement applies to all contracts.
Flow Down
The Federal Changes requirement flows down appropriately to each applicable changed
requirement.
} Model Clause /Language
No specific to ,ua.ge is mandated. The following language has been developed by PTA.
Federal Changes - .Contractor shall at all times compl}%with all applicable FI'A regulations,
polities, procedures and directives, including without i:imitation those listed directly or by
reference: in the Agreement (Form F' TA MA (6) dated October, 1999) betwecn Purchaser and
F r1 , as they may be a rnencled or 1-a rumulgaled from time to time during the tern of this
contract. Contractor's failure to so comply shall constitute a material breach of this contract.
15. BONDING REQUIREMENTS
Applicability to Contracts
For those construction or facility improvement contracts or subcontracts exceeding $1.00,000,
F T%\ may accept the bonding; policy and requirements of the recipient, provided that: they meet
the minimum requirements for construction contracts as follows:
•
a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid
guarantees" shall consist of a fin T1 corrrm iuncut such as a bid bond, certifies check, or oilier
•
negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of
his bid, execute such contractual doc:urnenhs as may be,required within the time specified.
•
b. i\ performance bond on l7ie part to the Contractor for 100 percent of the contract price. A
"performance bond" is one executed in connection with a contract to secure fulfillment of all the
contractor's obligations under such contract.
c. A payment bond on the part of the contractor for 100 percent of the contract price. A
"payment bond ' .is one executed in connection with a •contract to assure payment, as required by
law, of all persons supplying labor and material in the execution of the work provided for in the
•
contract. Payment bond an recaui..red from Contractors are as follows:
(1) 50% of the contract price if the contract price is not more than $l million;
(2) 4.0% of the contact price if the contract price is more than $1 million but not more than $5
mil lion; or
(3) $2.5 million if the contact price is more than $5 million.
d. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee
in lieu of performance and payment bonds, provided the grantee has established a procedure to
•
•
4
Federally Required and other Model Contract Clauses 17
•
•
assure that the interest of PTA is adequately protected. An irrevocable letter of credit would
also satisfy the requirement fora bond.
Flow Down
Bonding requirements flow down to the first tier contractors.
Model Clauses /La.nguage
FT!\ does not prescribe specific wording to be included in third party contracts. PTA has
prepared sample clauses as follows:
Bid Bond Requirements (Construction )
•
(a) Bid Security
A Bid Bond must be issued by a luny qualified surety company acceptable to City of Port
Arthur and listed as a company currently authorized under 37 CI R §, Part: 223 as possessing a
Clertificat; of Authority as described thereunder.
(b) Rights Reserved
In submitting this Bid, it k understood and agreed by bidder that the right is reserved by City of
Port Arthur to reject any and all kids, or part of any bid, and it is agreed that the Bid may not be
withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the
•
written consent of City of Port Arthur.
It is also understood and agreed that if the undersigned bidder should withdraw any pars: or all
of his bid within [ninety (90)] days after the bid opening without the written consent of City of
Li Port Arthur, shall refuse or be unable to enter into this Contract, as provided above, or refuse or
be un able to furnish adequate and acceptable Performance Bonds and Labor and iVlat:eria]
'a \Tments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable
insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's)
damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or
provide adequate security therefor.
It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified •
Chec.k, Cashier's Check, Treasurer's Check, and /or Official Bank Check (excluding any income
generated thereby which, has been retained by Citv of Port Arthur provided in [Item x "Bid
Security" of the instructions to Bidders]) shall prove inadequate to fully recompense City of Port
Arthur fur the damages occasioned by default, then th undersigned bidder .agrees to indemnify
City of Port Arthur and pay over to City of Port Arthur the difference between the bid security
and (Recipient's) total damages, so as to `r lake City of Port Arthur whole.
"The undersigned understands that any material alteration of any of the above or any of the
material contained on this form, other than that requested, will render the bid unresponsive.
Performance and Payment Bonding Requirements (Construction)
•
•
•
hederally Required and other Model Contract Clauses 18
• Fie C.intractor shall be required to obtain performance and payment bonds as follows
(a) Performance bonds _
L. 'The pen a] amount. of performance bonds shall be 100 percent. of the original contract ,glee
unless the City of Port Arthur determines that a lesser amount would be aile:quate for the-
El protection of the Cily of Port Arthur
ii
2. The City of Port Arthur may require additional performance bond protection when a contract
price is increased. The increase in protection shall generally equal 100 percent of the increase in
contract price. The City of Port Arthur may secure additional protection by directing the
Contractor to increase the penal amount of the existing bond or to obtain an additional bond.
Ei (b) Payment bonds
1. The penal amount of the payment bonds shall equal:
(i) Fiftv percent of the contract price if the contract is not more than S .. million. i.
(ii) Forty percent o f the contract price if the contract price is more than $1. million but not more
than $5 million; or -
(di) •.,..:, and One half nlillion if the contract price is more than $5 million.
'„ if the original contract price is $5 million or legs, the City of Port ArN nay require
additional protection as required by subparagraph 1 if the contract price is increased.
ti
P erformance and Payment i3oncling Requirements (Non Construction)
The Contractor may be required to obtain performance and payment bonds when necessary to
protect the (Recipient's) interest.
(a) The following situations may warrant 0 performance bond:
ll
ii
fl ! . City of Port Arth property or funds are to be provided to the contractor for use in
performing the contract or as partial compensation (as in retention of saivageci material).
2. !\ contractor sells assets to or merges with another concern, and the City of Port Arthur, after
. recognizing the latter concern as the successor in interest, desires assurance that it is financially -
capable.
3. Substantial. progress payments are made before delivery of end items starts.
1. Contracts are for dismantling, demolition, or removal of improvements.
(b) When it is determined that a performance bond i s required, the Contractor shall be required
to obtain performance bonds as follows:
1.
Federally' Required and other Model Contract Clauses l�)
1.. 'The penal amount of performance bonds shall be 100 percent of the original contract price,
unless the City of Port Arthur determines that a lesser amount would be adequate for the '
protec of the City of Port Arthur
2. The City of Port Arthur may require additional performance bond protection when a contract
g. price is increased. the increase in protection shall generally equal 100 percent of the increase in
contract Brice. The City of fort Al tiiur may secure additional protection by directing the
Contractor to increase the penal amount of the existing bond or to obtain an additional bond.
(c) A payment bond is required only when a performance bond is required, and if the use of
payment bond is in the (Recipient's) interest.
(d) When it is determined that a payment bond is required, the Contractor shall be required to
obtain payment bonds as follows:
�. l'he penal amount of payment I)CSTI.:isi,l equal:
(i.) Fifty percent of the contract price if the contract price is not more than Si million;
(ii) Forty percent of the contract price if the contract price is more than $ 1 million but not more
than $5 million.; or .
•
F. (.iii) Two and one half million if the contract price is increased.
Advance Payment Bonding Requirements
The Contractor may be required to obtain an advance payment bond if the contract contains an
advance payment provision and a performance bond is not furnished. The City i11 Port Artluzr
shall determine the amount of the advance payment bond necessary to protect the City of Pcirt
Arthur
Patent Infringement Bonding Requirements (Patent Indemnity)
The Contractor may be required to obtain a patent indemnity bond if a performance bond is not
furnished and the financial 'responsibility of the Contractor is unknown or doubtful. The City of
` Port Arthur shall determine the amount of the patent indemnity to protect the City of Port
Arthur
IA
b-Vaminty of the Work and Ntlainteoancce I3onds
2
1. Th Contractor warrants to City of fort Arthur, the Architect. and/or i ns neer that all •
:materials and equipment furnished Under this Contract will be of highest quality and new
ill
unless otherwise specified by City of Port Arthur, free from faults and defects and in
conformance with the Contract Documents. All work not so. conforming to these standards shall
be considered defective. If required by the [Project Manager], the Contractor shall furnish
s atisfactory evidence as to the kind and quality of materials and equipment.
f.
•
Federally Required and other Model Contract Clauses 20
1 The Work furnished must be of first quality and the workmanship .must be the best
obtainable in the various trades. The Work must be of safe, substantial and durable construction
in all respects. The Contractor hereby guarantees the Work against defective materials or faulty
workmanship for a minimum period of one (1.) year after Final Payment by City of Port Arthur
and shall replace or repair any defective materials or equipment or faulty workmanship during
the period of the guarantee at no cost to City of Port Arthur As additional security for these
guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X
below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to City of Port
Arthur written by the same corporate surety thatprovides the Performance Bond and 1 ,abor
and Material Payment Bond for this Contract. 'These bonds shall secure the Contractor's
obligation to replace, or repair defective materials and faulty workmanship for a minimum
period of one (1) year after Final Payment and shall be written in an amount equal to ONE
1•111NDR111) " 1_:RCEN'T' (100 %) of the CONTRACT SUM, as adjusted (if at:
16. CLEAN AIR
42 L SC 0 7401 et seq.
40 CFR 4 "15.61
49 CFR Part 18 •
Applicability to Contracts
The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite
quanti hes where the amount is expected to exceed 5100,000 in any year.
•
Flow Down
The .Clean Air requirements flow down to all subcontracts that exceed $100,000.
Model Clauses /Language
No specific language is required. HA has proposed the following; language.
Clean Air - (1.) The Contractor agrees 1:o comply with all applicable standards, orders or •
regulations issued pursuant to the Clean Air Act, as amended, 42 USC: 0 7401 et seq.. - I'he
Contractor agrees to report each violation to the Purchaser and understands and agrees that the
Purchaser will, in turn, report each violation as required to assure notification to PTA and the
• appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
5100,000 financed in whole or in pert with Federal assistance provided by PTA.
17. .RECYCLi1-) PRODl:C'IB
42 USC: ; 6962
40 CFR Part 247
Executive Order 12873
Applicability to Contracts .
The .Recycled Products requirements apply to all. contracts for items designated by the EPA,
when the purchaser or contractor procures 510,000 or more of one of these items during the
fiscal year, or has procured 510,000 or more of such items in the previous fiscal year, using
Federal funds. New requirements for "recovered materials" will become effective May 1, 1996.
•
Federally Required and other Mode! Contract Clauses 2.1
•
These, new regulations apply to all procurement actions involving items designated by the EPA,
where the procuring agency purchases $10,000 or more of one of these items in a fiscal year, or
•
1•vhen the cost of such items purchased during the previous fiscal year was 510,000.
Flow Down
Thesis requirements flow down to all to all contractor and subcontractor l.iers.
Mode( Oa use/ Language
No specific clause is mandated, but FTA has developed the following language.
Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002
of the Resource Conservation and Recovery Act (RCRA), as amended (42 USC § 6962),
including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order
12873, as they apply to the procurement of the items designated in Subpart B of 41) CPR fart
El 247.
18. DAVi.S -BACON ACT
40 1_1;.-')C h &i 67; 276a - 276a -5 (1995)
29 CFR § 5 (1995)
Applicability to Contract
Construction Contracts over $2,000.00
Flow Down
Applies to third. party contractors and subcontractors
il
Model Clause /Language
('.l'he language in this clause is mand under the I)O1., regulations at 29 CFR § 5.5.)
(1) Minimum wages - (i) AU laborers and mechanics employed or working upon the site of the •
0
work (or u nder the United States Housing Act o.f 1937 or sander the 1 lousing Act of 1949 in the
construction or development of the project), will be paid unconditionally and not less often than
once a c-veek, and without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland
Act (29 C.FR Part 3)), the full amount Of wa ges and. bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached hereto and made a part hereof.,
regardless of any contractual relationship which may be alleged to exist between the contractor
and such laborers and mechanics.
Contributions ma o r costs reasonably ,7-4icipated for bona fide fringe benefits under section
•
1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also,
regular contributions made or cos incurred for more than a weekly period (but not less often
than gciarterly) under plans, funds, or programs which cover the particular weekly period, are .
deerncd 10 be constructively made or incurred during such n weekly period. Such laborers and
rraechanirs shall be pair] the appropriate wage rate and fringe benefits on the wage
i
Federally Required and other Model Contract Clauses 22
•
determination for the classification of work actually performed, without regard to skill, except:
as provided in 29 CFR Part 5.5(x)(4). laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time
actually worked therein: Provided, That the employer's payroll records accurately set forth the
tirne spent in each classification in which work is performed. The wage determination and the
Davis -Bacon poster (WH- 1321) shall be posted at all tunes by the contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can be easily
seen by the workers.
(ii) 1'Vhenever the m:i.nim wage rate prescribed in the contract fora class of laborers or .
mechanics includes a fringe benefit l•,• hich 15 not expressed as an hourly rate, the Contractor shall
either pay the benefit as Mated in the wage determination or shall pay 'another bona fide fringe
benefit or an hourly cash equ ivalent thereof.
(iii) if the contractor does not make payments to a trustee or other third person, the contractor
array consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing Mona fide fringe benefits under a plan or program,
Provided, That the Secretary of Labor has found, upon the written request of the contractor, that
the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may
tii
require the contractor to set aside in a separate account assets for the meeting of obligations
si under the plan or program.
(iv)(A) The contracting officer shall require that any class of laborers or mechanics which is not
listed in the wage determination and which is to be employed under the contract shall be
. classified in conformance with the wage determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits therefor only when the following
Criteria have been met;
(1) ',"lie work to be performed by the classification requested is not performed by a classification
in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and .
-' (3) The proposed wage rate:, including any bona fide fringe benefits, hears a reasonable
relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage
ra te (including the amount designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, Washington, DC 20210. The Administrator, .-
or an authorized representative, will approve, modify, or disapprove every additional
TV
classification action within 30 days of receipt and so advise the contracting officer or will notify
the contracting officer within the 30 -clay period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification and
Federally Required and other Model Conn - act Clauses 23
wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the'views of all interested parties and the
!.� 1.'CCO fame ndatle)n of the contracting officer, to the Ad min istator for determination. The
Administrator, OT an authorized representative, will issue a determination with 30 days of
receipt and so advise the c-ontracting officer or will rintify the contracting officer within the 30 --
day period that additional time is necessary.
(D) The wage: rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (1)(iv) (13) or (C) of this section, shall be paid to all workers performing work in the
classification under this contract from the first day on which work is pc.Tfo.rrn.ed in the
classification.
(2) Withholding - The [ insert name of grantee 1 shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to be
withheld from the contractor under this contract or any other Federal contract with the same
prlrne contractor, or any other federally-assisted contract subject to Davis-13acor: prevaihrii
wage re'.CI1.1 ;rem ents, which is held by the same pa nie contractor, so much of the iiccrucci
pavments or advances i ;; may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the contractor or a ny subcontractor
the full amount of wages required by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice trainee, or helper, employed orwc.)rking on the site of they
work (or under the United States Housing Act of 1937 or under the 1-lousing Act of 1949 in the
construction or development of the project), all or part of the wages required by the contract,
the j insert name of grantee] may, after written notice to the contractor, sponsor, applicant, or
owner, take such action as may be necessary to cause the•suspension of any further payment,
advance, or guarantee of funds until such violations have ceased:
(3) Payrolls and basic records - (1) Payrolls and basic records relating thereto shall be maintained
by the contractor during the course of the work and preserved for a period of three years
thereafter for all laborers and mechanics working at the site of the work (or under the United
States 1- Lousing Act of 1937, or under the 1- :Lousing Act of 194.9, in the construction or
development of the project). Such records shall contain the name, address, and social sec:ur:ity
number of each such worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section 1(b)(2)(13) of the Davis -Bacon Act), daily
and weekly number of IIOUrs worked, deductions Ina de and actual wages paid. Whenever the
Secretary of Labor has found udder 29 CFR § 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any i :o.sts reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(I3) of the Davis - flacon Act, the contractor shall •
• maintain records which show that the commitment to provide such benefits is enforceable, that •
the plan or program is financially responsi'ealci, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such benef its. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
progronis
Federally Required and other Model Contract Clauses 24
•
(ii)(A) '.[''he contractor shall submit weekly for each week in which any contract work is
•
performed ai copy of all payrolls to the [insert .name of grantee ] for transmission to the Federal
Transit: Administration. The payrolls submitted shall set out accurately and completely all of the
information required to be maintained under 29 CFR Part 5. This information may be submitted
in any form. desired. Optional Form WH -347 is available for this purpose and may be purchased
from the Superintendent of Documents (Federal Stock Number 029 -005- 00014 -1), U.S.
Government Printing Office, Washington, 'DC 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
(0) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
(I) That he payroll for the payroll period contains the information required to be maintained
under 29 CPR. Part 5 and that such information is correct and complete;
(2) Thateach laborer or mechanic (including each helper, apprentice, and trainee) ern.ployed on
the contract during the payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have been made either directly' or
indirectly from the full wages earned, other than permissible deductions as set forth in
Reeulations, 29 CFR Part 3; •
(3) 'Chat each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in the
•
a pp I .vage determination incorporated into the contract.
•
(C) 1'he weekly submission of a properly executed certification set forth on the reverse side of
Optional Form W1--1-347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph (3)(ii)(13) Of this section.
(D) The falsification of any of the above certifications rn.ay subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of
this section available for inspection, copying, or transcription by authorized representatives of
the Federal Transit Administration or the Department of Labor, and shall permit such
representatives to interview employees during working hours on the job. If the contractor or
subcontractor fails to submit the required records or to make them available, the Federal agency
may, after written iiotice.to the contractor, sponsor, applicant, or owner, take such action as may
be necessary to cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such records
available may he grounds for debarment action pursuant to 29 CFR § 5.12.
•
(4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less
than the predetermined rate for the work they performed when they are employed pursuant to
•
Federally Required and other Model Contract Clauses 5
and individually registered in a bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training Administration, Bureau of Apprenticeship
and Training, Or with a State Apprenticeship Agency recognized by the Bureau, or if a person is
employed in his or her first 90 days Of probationary employment as an apprentice in such an
•
apprenticeship program, who is not individually registered in the program, but who has been
certifies: by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency
(where appropriate) to be eligible for probationary employment as an apprentice. The allowable
ratio of apprentices to journeymen on the job site in any craft classification, shall not be greater
than the ratio permitted to the contractor as to t he entire work force under the registered
program. Any worker listed on a payroll at an apprentice wage rate, which is not registered or
otherwise employed as stated above, shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio permitted under the registered
y prog.rain shall be paid not less than the applicable wage rate on the wage determination for the
vvork actually performed. \A/here a contractor is performing construction on a project in a
locality other than that in which its program is registered, the ratios and wage rates (expressed
in percentages of the journeyman's hourly rate) Specified _n the contractor's or subcontractor's
registered program diall be observeu. very apprentice must be paid at not less than the rate
] registered 1' for the apprentice's
spe.c:iiie.d in the registered program for the level. of progress, expressed as a
percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the
•
appren pr If the apprenticeship program does not specify fringe benefits,
1- apprentices must be paid the full. amount of fringe benefits listed on the wage determination for
the applicable classification .ff the Administrator of the Wage and Hour Division of the U.`;.
Department of Labor determines that a different practice prevails for the•applicable apprentice
classification, fringes shall be paid in accordance in'.i that determination. in the event the
Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the
Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is i.Ipproved.
ki
(ii) Trainees -- Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program w has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be. greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must b paid at not
less than the rate specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does of mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage determination unless the Administrator of
P. the Wage and 1 -lour Division determines that there is an apprenticeship program associated
with the corresponding journeyman wage rate on the wage determination which provides for
> less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate
i who is not registered and participating in a training plan approved by the EmpIoyme.nt and
1. Training Administration shall be paid not less than the applicable wage rate on the wage,
f
•
Fe,derally Required and other Model Contract Clauses 26
•
•
determination for the classification of work actually performed. In addition, any trainee
performing 3 work on the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate o the wage determination for the work
actually performed. in the event the Employment and Training Administration withdraws
approval of a training program., the contractor will no longer be permitted to utilize trainees at
less than the applicable predetermined rate for the work performed until an acceptable program
is approved.
•
( iii) Equal. employment opportunity -- The utilization of apprentices, trainees and journeymen
ta_ under this part shall be in conformity with th equal employment opportunity requirements of
lxecnr Order 11246, as amended, and 29 CFR Part 30.
(5) C.:ornpliance with Copeland Act requirements - The contractor shall comply with the
requirements of 29 CFR Part 3, which are incorporated by reference in this contract.
(6) Subcontracts The cc:itractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR § 5.5(a)(1.) through (10) and such other clauses as the Federal Transit
Administration may by appropriate instructions rcquirc, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all
the contract clauses in 29 CFR 4 5.5.
•
(7) Contract ternnination: debarment - A breach of the contract clauses in 29 CFR § 5.5 may be
la
''rounds for termination of the contract, and for debarment as a contractor and a subcontract(.)
as provided in 29 CFR § 5.12.
•
(8) Coi plrance with Davis -Bacon and Related Act requirements - All rulings and
interpretations of the i.)avis -Bacon and Nelatecl Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions
of this contract shall not be subject to the general disputes clause of this contract. Such disputes
shall be resolved in accordance with the procedures of the Department of Labor set forth m 29
CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the
contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of
Labor, or the employees or their representatives.
(10) Cetri_;.xf :arion of t• - (iJ ` By entering into tuns contract, the contractor certifies that
c..t`;ilaility
neither it (nor he or she) nor any person Or firm who has an interest in the contractor's firm is a
person or firm ineligible tv be awarded Govc'rnrnent contracts by virtue of section 3(a) of the
Davis -Bacon Act or 29 CFR 5 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis - Bacon. Act or 29 CFR §5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC
1001.
•
Federally ally Required and other Model Contract Clauses• 27
iii
19. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
il 40 t.JSC o 327 -335 (1995)
29CFRg5(1995)
29 CFR e 1926 (1995) .
Applicability to Contracts
•
Section 102 of the Act, which deals with overtime requirements, applies to:
ra - all construction contracts in excess of $2,000 and;
- all turnkey, rolling stock and operational- contracts (excluding contracts for transportation
ti ti services) in excess of $2,500.
(The dollar threshold for this requirement is contained in the current regulation 29 CHR E 5 - 15.)
Section 107 of the Act that deals with OSHA requirements applies to construction contracts in
excess of $2,000 only 'the requirements of this section do not apply to contracts of subcontracts
for the purchase of supplies or materials or articles normally available on the open market.
El
- Plow Down
Applies to third party contractors and subcontractors.
Mlodel Clauses/ Language
Pu:•suant to Section 1.02 (Overtime):
( These clauses are specifically mandated under DM regulation 29 CIF § 5.5 and when
preparing a construction contract in excess of `$2,000 these clauses should be used in conjunction p.
with the Davis -Bacon Act clauses as discussed previously. For nonconstruction contracts, this is
the only section required along with the payroll section.)
•
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment' of laborers or mechanics shall -
req or permit: any such laborer or mechanic in any workweek in which he or she is
em ployed on such work to work in excess of forty hours in such workweek unless such laborer
or mechanic receives co:nipensation at rate not less than one and one -half times the basic rate
of pay for all hours worked. in excess of .forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of
the clause set forth in paragraph (1) of this section the contractor and any subcontractor
ii ii responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this
section, n: the sum of `ii 10 for each calendar day on which such individual was required or
permitted to 7. (Irk in exc:ei of the stz.tnd:rrd w or kweek of forty hours without payment Of the a
0V0rtinr Wages required by the claw ;e. set lorih in paragraph (1) of this ,sec•ion. FJ
i.
•
Federally Required and other Model Contract Clauses 28
(3) Withholding for unpaid wages and liquidated damages - The (write in the name of the
grantee or recipient) shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the contractor or subcontractor under any such
contract or any other Federal contract with the same prime contractor, or any other federally-
assisted contract subject to the Contract: Work I-lours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth u paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shah insert in any subcontracts the clauses set
forth in this section and also a clause requiring the subcontractors to include these clauses in
any lOW (1i tier subcontracts. 'I he prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in this section.
( Section 102 nonconstruct.ion contracts should also have the following provision:)
(,. ) Payrolls and basic reC01(ls - (d ha!'1U11S and !'aS(. 1reCOr(:15 relating thereto shall be rn ont<nned.
by the contractor during the course of the work and preserved for a period of three years
thereafter for all laborers and mechanics working at the site of the work (or under the United
States Housing Act of 1937, or under the F- lousiung Act of 1949, in the construction or
development of the project). Such records shall contain the name, address, and social security
number of each such 'worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section'.1(b)(2)(13) of the Davis -Bacon Act:), daily
and weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR § 5.5(a)(i)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a •
plan or program described in section 1.(b)(I)(B) of Ole Davis -Bacon Act, the contractor shall
mai records which show that the commitment to provide such benefits is enforceable, that
010 plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or nlecha]nc:s affected, and records which show the
costs anticipated or the actual c:ost incurred in providing such benefits. Contractors enll>loy•nn
apprentices or trainees under approved programs shall maintain vvritten (evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
Section 107 (OSHA):
•
(This section is applicable to construction contracts only)
Contract Work flours and Safety Standards Act - (i) The Contractor agrees to comply with
section :1.07 of the Contract t Work Hours and Safely Standards Act, 40 USC 5 section 333, and
applicable DOL regulations, " Safety and Health Regulations for Construction " 29 CFR fart
• 1926. Among other things, the Contractor agrees that it will not require any laborer or mechanic
to work in unsanitary, hazardous, or dangerous surroundings or working conditions.
•
Federally Rcqu iid and nlher Mode] Contract Clauses 29
(ii)Subcontracts The Contractor also agrees to include the require.ments this section in each
subcontract. The term 'xu6cootract" under this section ix considered to refer tna person who
agrees (o perform any part of the labor or material requirements nfacontrac,6o,cuostrucboo
al teraion 01' repair. /\ person who undertakes to perform a portion ofacontract involving the
furnishing of suppiies or inalerials will be corisidered a "subcontractor" under this SectiOn if the
work in question involves the pe.rformance of construction work and. is to be performed: (1)
directly on or near the construction site, or (2) by the employer .for the specific project on a
cu.s|n/nizrd6aeu. Thus, a supplier of .rnatei'ia]s which will hecorne an integral part of tbe
construction is a "subcontractor" if the supplier fabricates or assembles the goods or materials in
question specificifly for the construction project and the work involved may be said to he
const•ruction activity. If the goods or materials in question are ordinarily sotd otbercuxtomxo
from regular inventory, the supplier is not a "subcontractor." rfhe requirements of this section
do not apply to contracts or subcontracts for the purchase c supplies or materials or articles
normally available on the open market.
20.[0PEl.&NUAN7I-Kl[K8A[K ACT
:10OSC 276c (1995)
29CFR,§3(1995)
29CFR55(1905)
Applicability u/Contracts
All construction contracts bn excess of $2,000.
Flo kV Dow�
Ap9b Cable touD third party contractors and subcontractors.
&4odei[]onxeo/Lunmua&e
3.1 of the Copeiand Act makes it clear t:hat the purposeof the Act is to assist in the enforcement:
of the minimum wage provisions of the Davis- Bacon Act." In keeping with this intent DOI, has
included a section on the Copeland Act in the rnandatory language of the Davis-Bacon •
provisions. The language can be found at §5.5(a)(5) of the Davis-Bacon model clauses and reads
as follows:
Compliance. with Copeland Act requirements The contractor shall cornply with the
• recjuirernents of 29 CFR .Part 3, which are jncorporated by reference iri this contract.
Since there is no specific statutory or regulatory requirements for additional mandatory
language, v‘fould recommend that. no additional clauses are necessary for this provision.
21. NOGUVERNIVIEWl'08UGAI0N THIRD PAR'OIB
• �N
Applicability m Conti a ctr.S
/\pplica6lemaD.cootrac�.
� PlowDo`^o
•
•
•
•
Federally .Reduire.d and other Model Contract Clauses 30
•
Not required by statute ar regulation for either primary contractors or subcontractors, this
concept should flow down to all levels to clarify, to all parties to the contract, that the Federal'
Government does not have contractual liability to third parties, absent specific written consent.
1N'iodel Clause/ Language
While no specific language is required, FTA has developed the following language.
No Obligation by the Pederal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Pederal Government, the Federal
Government is not a party.to this contract and shall not be subject to any obligations or
liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that
contrac:u) pertaining to any matter resulting from the und.erlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or
in part with Federal assistance provided by I:TA. It is further agree -.d that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
22. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
31 USC 3801 et seq.
49 CFR Part 31 18 USC § 1001
49 USC § 5307
Applicability to Contracts
These requirements are applicable to all contracts.
Flow Down
These requirements fklbv down to contractors and subcontractors who make, present, or submit
covered claims and statements.
Model Cl•use /Language
These requirements have no specified Ianguage, so FTA proffers the following language.
- i
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, . as amended, 31 USC § 3801 et seq.. and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of the
underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the
underlying contract or the FIFA assisted project for which this contract work is being performed.
In addition to other penalties that may be applicable, the Contractor further acknowledges that
if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission,
i?
or certifica the 'Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act 01 1986 on the Contractor to the extent the Federal
Government deems appropriate.
•
Fcdei Required and othei Model Cont Causes 31
(2) The Contractor also acknowledges that if it makes, or cause to be made, a false, fictitious, or
fraudulent claim, statcment, submission, or certification to the Federal Government: under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 USC §5307 the Government reserves the
right. to iroyoop the penalties ofl8 USG 1001 and 4Al}SC G53O7(n)(]) on the Contractor, to the
extent the Federal Government deems appropriate.
(3) 'The Contractor agrees to include the above two clauses in each subcontract financed in
whole ar in part - c , vith Federal assistance provided . by FTA. It is further agreed that the clauses
•
shall not be modified, except to :identify the subcontractor who will be subject to the provisions.
•
23. TERMINATION
49U5C Part 18
PTA Circular 4220.1D
Applicability to Contracts
P. An COntradS (with the exception of contracts \vith nonprofit organizations and institutions of
higher education,) in excess of $10,000 shall contain suitable provisions for termination bythe
•
grantee :including the o`nnnorby which d will b^effected and the basis for settlement. (For
contracts with nonprofit organizations and institutions of higher education the threshold is
5100,000.) In addition, such contracts shall describe conditions under which the contract rnay
terminated for default as well as conditions where the contract may be terminated because of
circumstances beyond the control of the contractor.
• Flow Down
The termination requirements flow down »u all cootractsin excess of$l0,0OO with the exceplion
of contracts with nonprofit: organiz.ations and institutions of higher learning.
&8odc\{]^onn/L^nguage
PTA does not prescribe the form or content n[ such claoSes. The [oDnwiog,are m,g
rinuses lo be used n dfferent types of c:ontracts:
•
�
a. Termination 6vCxne�»m: (General Provision) The City of Port Arthur may terminate this
contract., in whole or in part, at any time by -written notice to the Contractor when it is in •the
• Government's best interest. The C.7.ontracmr shall hc paid its costs, iodndb`X contract closcoo|
costs, and profit on work performed up to the time of termination. The Contractor shall.
promptly submit its terrnination claim to City of Port Arthur to be paid tho[ont/ac|o,. If the
•
• Contractor has any property in its ��
possession to City c6�u,�rU`nr, the Contractor will account for the same, and dispose of i\io the manner the City n[ Port Arthur
directs. +�
0. 'T'erniination for Default [I3reach ar Cause] (General Provision) lf the Contractor does not
deliver supplies in accordance willi the contiacl delivery schedule, or, if ihe contract i»for
services, the Contractor fails to perforni in the manner called for in the contract, or if tlie
Contractor fails to coniiy wilh any other provisions of thc coritract, the City of Pori Arthur
may terminate this contract for default, rfermination shall be effected by serving a notice of
•
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Federally Required and other Model Contract Clauses 32
termination oo the contractor setting forth the manner invv6icbGeContractor ishndefault The
contractor will only be paid the conia: price for supplies delivered an6xrcep^cd or services
performed in accordance with the manner of performance set forth in the contract.
(/it is later determined by the City ot Port Arthur that the Contractor had an excusable reason
for not performing, such as a strike, fire, or flood, events which are not the fault of or are
beyond the control of tbcContractnr the City of Port Arthur, after setting up a new delivery of
performance schedule, may allow the Contractor to continue work, or treat the termination as a
ter for convenience.
te
c. Opportunity to Cure (General Provision) The City of Port Arthur in its sole discretion may, in
the also n/a te.rniinatiou for breach or default, allow the Contractor [an appropriately short
period of timel in which to cure the defect in such case, the notice of termination will 3t-ate the
time lrri:db` which cu,e|s permitted and. other appropriate conditions
If Contractor fails to remedy m City /fIxt6rdo/n satisfaction Hbo breach or default or any of
the terms, covenants, nr conditions o[ this Contract within (en (10) days] after receipt by
Contractor ", written nmi�c from C:iiv o( T\`r| Arthur setting forth the nature ufxuid broach o,
dcla v It, City n[ Port Arthur shall hav, the right vo terminate the Contract v/id`oo| any [ur[hc,
oh]igation to ContTactor. Any such terminadon for defaultshall not in ariy way operate to
preclude {itNof Port Arthur from also pursuing all available remedies against Contractor onci
i sureties for said breaich or default.
d. Waiver nf Remedies for any Breach In the eve LdhatCityv1Pori&rthuzolectsNwaiveits
rninediesior any breacii by Contractor 01 any covenant, term or condition of this Contract, such
\vaiver by (itv of Port Arthur shall not limit City of Port Arthurs remedies f any succeeding )
breac oj that or c>f any other terni, covenant or cordition of this Contract.
e. 'Termination for Convenience (Professional or . .1'ransit Service Contracts) The City of Port
Arthur, by written notice, may tern this contract, in whole or part, when it is in the
Government's iotereo�l{ this coo�actinisrndonted the
'
payment under the payment provisions of tlais contTact 6orsprvicesnenderedbcfore the
effective date of tenninalion.
f:'7cnnioadoo for Default (Supplies and Service) if the Cont fails to deliver supplies or 10
perform [6c services within the time specified in this contract or a.ny extension or if the
c:ontrnctor fails 0: curnplv with ainy other prnvisions of this c:onlTacl, the City nf Port Arthur
may terminate this. contract for default. !'hc City of Port Arthur shall »e,mino delivering ,o
the Contractor Notice o[ Termination specifying U`enatsu` of the default. ll Contractor will •
only 6epaid the contract price for suppiie delivered and accepteperformed d, or services performed in :
accordance with the manner orpec6,mancrset forth in this contract:.
if, after termination for failure to fulf111 contriict obligations, it is determined that the Contractor
vvus in default, the rights and ob1igatons of t1ie parties shall be the same as if the
termination had been issued for the convenience uf the Recipient.
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Federally Required and other Model Contract Clauses 33
g. Termination for Default (Transportation Services) If tho Contractor fails to pick up the
commodities or to perform the services, including delivery services, within the time specified in
this corm or any extension or if the Contractor fails to comply with any other provisions of
this contract, the City of Port Arthur may terminate this contract for default. The City of Port
Arthur shall terminate by delivering to the Contractor a Notice of Termination specifying the
nature of default. The Contractor will only be paid t e contract price for services performed in
accordance with the .manner of performance set forth in this contract.
If this contract is tcr.rrdnate.d while. the Contractor has possession of Recipient goods, the
Contractor shall, upon direction of the City of Port Arthur, protect and preserve the goods until
surrendered to the Recipient or its agent. The Contractor and City of Port Arthur shall agree on
payment for the preservation and protection of goods. Failure to agree on an amount will be. .
resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the 1 irties shall he the same as if the
termination had been issued for the convenience of the Cily of Port Arthur
1'1. i ('1'rll!:'t.It :on for Default (Construction) it tote Contractor refuses Or .fails to prosecute the work
or any separable part, with the diligence that will insure its completion within the tL1ne specified
in this contract or any extension or fails to complete the work within this time, or if the
Contractor fails to comply with any other provisions of this contract, the City of Port Arthur
may terminate this contract for default. The City of fort Arthur shall terminate by delivering to
the Cbnl ractor a Notice of Termination specifying the nature of the default. In this event, the
Recipient may take over the work and compete it by contract or otherwise, and may take
z possession of and use any materials, appliances, and plant on the work site necessary for •
o
completing. the work. The Contractor and its sureties shall be liable for any damage to the
Recipient resulting froin the Contractor's refusal or failure to complete the work within
specified time, whether or not the Contractor's right to proceed with the work is terminated.
'this liability includes any increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with
fi
damages under this clause it-
:l. the delay in completing the work arises from unforeseeable causes beyond the control and
1 without the fault or negligence of the Contractor. Examples of such causes include: acts of God,
zi
acts of the Recipient, acts of another Contractor in th.c performance of a contract" with the
Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and
il
2. the contractor, within [1.0] days from the beginning of any delay, notifies the City of Port
Arthur in writing of the causes of delay. If in the'jt*dgrrlerlt: of the City of Port Arthur, the delay
is excusable, the time for completing the work shall be extended. The judgment of the City of
Port Arthur shall be final and conclusive on the parties, but subject to appeal under the
Disnutes clauses.
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Federally Required and other Model Contract Clauses 3
]f, after termination of the Contractor's right to proceed, it is determined that the Contractor was
not in default, or that the delay was excusable, the rights and obligations of the parties will be
the same as if the termination had been issued for the convenience of the Recipient.
i. Termination for Convenience or Default (Architect and Engineering) The City of Port Arthur .
may terminate this contract in whole or in part, for the Recipient's convenience or because of the
failure of the Contractor to fulfill the contract obligations. The City of Port Ar thur shall
terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent,
and effective date of the termination. Upon receipt of the notice, the Contractor shall (1)
immediately discontinue all services affected. (unless the notice directs other■A>ise), and (2)
deliver to the Contracting Officer all date, drawings, specifications, reports, estimates,
Tj summaries, and other information and materials accum.u]ated in performing this contract,
1-vhethcr completed or in process.
if the lel nation is for it c' convenience of the Recipient; due Contracting Officer shall make an
equitable adiustment in the contract price but shall ailo no anticipated profit on unperforrru -d
service=s.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient.
may complete the work by contact ur otherwise and the Contractor shall be liable for any
additional cost inCwretl by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Recipient. .
iii j. Ternlina1 011 for C onvenience. of Default (Cost-Type Contracts) The City of Port Arthur may
terminate this contract, or any portion of it, by serving a•notice or termination on the
C.1onin The notice shall state whether the termination' is for convenience of the City of Port
il
- Arthur or for the default of the Contractor. If the termination is for default, the notice shall state
Chi, manner in which the contractor has failed to pt..r ft. .i' the 1'equirelnenls of the cc - naiad. The
Contractor shall account for any property in its possession paid for from funds received from
= the City of Port Arthur, or property supplied to the Contractor by the City of Port Arthur 11 the
1 termination is for default, the City of Port Arthur may fix the fee, if the contract provides for a
fee, to be paid the contractor in proportion to the value, if any, of work performed up to the
time of termination. The Contractor shall promptly submit its termination claim to the City of
Port Arthur and the parties shall negotiate the termination settlement to be paid the Contractor. ..
i If the termination is for the convenience of the City of Port Arthur, the Contractor shall be paid
its contra c:t: closeout costs, and a fee, if the contract provided for payment of a fee, in proportion
•.,,, to the work performed uo to the time of termination. • ,
l after serving a notice of termination for default, the City of Port Arthur determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood, events which
are not the fault of and are beyond the control of the contractor, the City of Port Arthur, after
setting up a new work schedule, may allow the Contractor to continue work, or treat the •
termination as a termination for convenience.
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Pederally Required and other Model Contract Clauses 35
•
24. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NON - PROCUREMENT)
49 CFR Part 29
Ej Executive Order 12.549
Applicability to Contacts
Executive Order 1.2549, as implemented by 49 CPR Part 29, prohibits FTA recipients and sub --
__ recipients from contracting for goods and services from organizations that have been
suspended or debarred from receiving Federally assisted contracts. As part of their applications
each year, recipients are required to submit a certification to the effect that they will not enter
into contracts over $1.00,000 with .suspended or debarred contractors and that they will require
their contractors (and their subcontractors) to make the sarne certification to them.
Flow Down
Contractors are required to pass this requirement on to subcontractors seeking subcontracts
over 5;100,000. '[•This, the terms "lower tier covered participant" and "lower tier covered
transaction" include both contractors and subcontractors and contracts and subcontracts over
S$10O,000.
Model Clause/ Language
(Instructions) The certification and instruction language is contained at 29 CFR Part 29,
Appendix B, and rnust be included in 11 and RFP's [for inclusion by contractors in their bids
or proposals] for all contracts over 51.00,000, regardless of the type of contract to be awarded.
Certification Regarding Debarment, Suspension, and Oilier Responsibility Matters
Lower Tier Covered Transactions ('T•hirci. Party Contracts over $100,000).
instructions for Certification
1. By signing and submitting this bid or proposal, the prospective lower tier participant is
providing the signed certification set out below .
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous certification, in addition to other
re rnedies available to the Federal Government, City of Port Arthur rnay pursue available
ren edies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to City of Port
j Arthur if at any time the prospective lower tier p €irt:icipant learns that its certification 'was
erroneous when submitted o has become erroneoi by reason of changes circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
II I! II "persons," II II "principal," transacdcr.-i, :participant, persons, lower tier covered transaction, principal, "proposal,"
and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may
contact City of Port Arthur for assistance in obtaining a copy of those regulations.
•
Federally Required and other i\4(odcl Contract Clauses 36
5. The prospective lower tier participant agrees by submitting this proposal t1lat, should the -
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or -
voluntarily excluded from participation in this covered transaction, unless authorized in
writing by City of Port Arthur
6. The prospective louver tier participant further agrees by submitting this proposal that it will •
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower 'Tier Covered "Transaction ", without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
•
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that tlae certification is
erroneous, i� participant n1Ea�r l- 1(:`cide the method and frequency by which it determines the •
eligibility of its principals. Each participant may, but is not required to check the
U.S. No rocurernent List issued by S General Service Administration.
8. Nothing contained in the foregoing shall be construed to require establishment of system of
records in order to render in good faith the certification required by this clause. The knowledge -
and information of a participant is not required to exceed that which is normally possessed by a -
prudent person in the ordinary course of business dealings.
O. Except: for transactions authorized uncler Paragraph 5 of these instructions if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person who . -
is suspended, debarred, ineligible or voluntarily excluded from participation in this
transaction, in addition, to all remedies available to the Federal Government, City of Port Arthur
may pursue available remedies including suspension and /or debarment.
"Certification Regarding Debarment, 5u',11sion, Ineligibility and Volu.nt:a.1,y Exclusion - LOwer
Tier Covered Transaction
ti
(1) The prospective lower tier participant certifies, by submission of this bid or proposal, that
neither it nor its "principals" as defined at 49 CFR § 29.1.05(p)] is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded. from
tii
participation in this transaction by any Federal department or agency.
efl
(2) When the prospective louver Her participant is unable. certify to the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
25. PRIVACY ACT •
5 L. SC S 552 .
y
ki Applicability to Contracts
•
4 � �
Federally Required and other Model Contract Clauses :37
I.Vhen a grantee maintains files on drug and alcohol enforcement activities for FTA, and those
files are organized so that information could be retrieved by personal identifier, the Privacy Act
requirements apply to all contracts.
)'low Down
The Federal Privacy Ad requirements flow down to each third party contractor and their
contracts at every tier.
Model Clause /Language
The text of the following clause has not been mandated by statute or specific regulation, but has
been develo by PTA.
Contracts Involving Federal Privacy Act Requirements - The following requirements apply to
the Contractor and its employees that administer any system of records on behalf of the Federal
C.overnmen1 under any contract:
(1) The Contractor agrees to comply with, and assures the compliance Of its employees with, the
information restrictions and other applicable requirements of the Privacy Act of 1974,
5 USC § 552a. Among other things, the Contractor agrees to obtain the express consent of the
Federal Government before the Contractor or its employees operate a system of records on
behalf of the Federal Government. The Contractor understands that the requirements of the
Privacy Act, including the civil and ciim nal penalties for violation of that Act, apply to those
individuals involved, and that failure to comply with the terms of the Privacy Act may result
termination of the underlying contract-.
(2) The Contractor also agrees to include these requirements in each subcontract to administer
any system.of records on behalf of the Federal Government .financed in whole or in part with
Federal assistance provided by FTA.
26. CIVIL, RIGHTS REQUIRF,MENTS
29 USC § 623, 42 USC § 2000
42 USC §6102,42 USC §1.2112
42 USC § 1.2132, 49 USC § 5332
29 CFR Part 1630, 41. CFR Parts 60 et seq. •
Applicability to Contracts •
The Civil Rights Requir'e'ments apply to all contracts.
Glow Down
The Civil. .Rights requirements flow down to all thirdpparty contractors and their contracts at
every tier.
Model Clause /Language
The following clause was predicated on language contained at 49 CFR ['art 19, Appendix A, but
FTA has shorten the lengthy text.
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4
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/ '
Federally ftequircd and other Model Contract Clauses }X
x •
�
� Civil Rights The following requirements apply to the underlying contract:
•
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(1) Nondiscrimination In aCCOrCLWCe with Title Vlo[the Civil Rights Act, as amended, 42\
�
520OO6 the Age D�r�oioo�unAct o!l9/6 amended, 42DSC 56lU1oechou
ZU2o[ the Americans vvi8`Disabilities Act ofl99O and Federal transit law at19
'LISC 5 5332, the Contractor agrees that it will not discriminate against any employee or
applicant: for employment because of race, color, creed, national origin, sex, age, or disability, In
Tj addition, Ue Contractor agrees to comply with applicable Federal implementing regulations
and other implementing reguirocoeoLaFTf\ may issue.
(2) 12;9ua\ 'Employment Opportunity 'The following equal employment opportunity
requirements apply to [he u.nderlying contract:
(a) F&ace, Color, Crcccl, National Origin, Sex !n accordance with TiOe V 11 of the Civil Rights
/\c�5...tsim`cndcJ 5 2000e, and . 1 .; cdcrul transit laws at49U5[t53}2
a grees to comply with all applicable equal employment opportunity requirements of U.S.
|}xPari,n Labor (OS.T7O7.) regulations, "Office of' Federal Contract ['on\
Equal Employment Opportunity, Department of L.abo, CFR FR9o,� 60 ,i seq. , (which �
imp\nnzcntExeccbveOrder No. ll246
Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
fi Oppo,tuo,ity'"42USG 5I000eooue)' and *iU`any applicable Federal statutes, executive orders, �
reCn!ad000 Federal nuliciu, that nnoybo the future ofb�tcnno�ucbooacdvideoundertaken
in the course of the Project. The Contractor agrees to take 'affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to
their zaco.co|ur odgio o/�age. Such vc�ooshall include, but not 6climited
o
�' the following: employment, ro
upgrading, demotion or � recruitment
_
advertising, layoff or terrnination; rates of pay or other forms of compensation; and selection for
° training, including apprenticeship. n addition, the Confractor agrees to comply with any
implementing requirements FTA may issue.
(b) Age In accordance with seclion 4 of the Age Discrirnination in Employmcnt Act of .1967, as '
uozxn0cd. and Federal transit law at49USC 55]32 the Contractor agrees m
refrain from discrimination against yzooentuodproypccdneeoployecxbor |o
ii addition, the Contractor agrees to comply with any implementing requirements IFT/\may issue.
' Disabilities l � with section 102 of U`: A,ncricasxwith I>babilidca Act, as (c) is� xo onaccnc accordance `xcc o�
amended, 42 USC 5 12112, the Contractor agrees that it will coMply with the require.ments of
U.S. Employment tnIn�plerncn, the Equal
8mp(uyu�cntP,ovi�onsnf the /\�d
mccaoxp/itbDisahilib �''
Disabilities Act," Part 1630, pertaining to
. ,o`ploymcnio[In,snns lnud6idou the Cnn(,a�or agrees mcnn`p|y with any •
� �
( �� io��leoz~nbo�ceqo�emnn� �[A uzay �on +�
c�
|
(3) The Contractor also agrees to include these ic-!quirements in each subcontract financed in
*bole or in port with Federal ,sisLarcr provided by FTA, modified only if necessary to identify
|heaffected parties.
.
27. 8KE/\[HES AND DISPUTE RESOLUTION
• Federally Required and other Model Contract Clauses :;ci
19 CFR fart -18
FTi\ Circular •220.1D
Applicability to Contracts
All contracts in excess of $100,000 shall contain provisions or conditions which will allow for
administrative, contractual, or legal remedies in instances where contractors violate or breach
contract: terms, and provide for such sanctions and penalties as may be appropriate. This may
include provisions for bonding, penalties for late or inadequate performance, retained earnings,
liquiciateci damages or other appropriate measures.
Flow I )own
'fhe Breaches and Dispute Resolutions requirements flow down to all tiers.
Model Cla es/ Language
F'l'A does not prescribe the form or content of such provisions. What provisions are developed
will depend on the circumstances and the type of contract. Recipients should consult legal
counsel in developing appropriate clauses. The following clauses are examples of provisions
from various FTA third party con tracts.
Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized re'pr s entative o City of
Port Arthur's [title: of employee]. This decision shall he final and conclusive unless within [ten
('10) [ days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a
written appeal to the [tits; of employee/. In connection cwith any such appeal, the Contractor
shall be afforded an opportunity to be heard and to offer evidence in support of its position. f he
0 .• decision of the [Lille of employee] shall be binding upon the Contractor and the Contractor shall
abide be the decision.
Performance During Dispute - Unless otherwise directed by City of Port Arthur, Contractor
shall continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages -- Should either party to the Contract suffer injury or damage to person or
properly because of any act or omission of the party or of any of his employees, agents or others
for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such
other party within a reasonable time after the first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the City of Port Arthur and the Contractor arising out of or
relating to this agreement or its breach will be decided by arbitration if the parties mutually
agree, or in a court of competent jurisdiction within'the State in which the City of Post Arthur is
loeatect.
Rights apes P. eniedics - The duties and obliga + ,ions in' pos by the Contract: Doc merits and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. No action or
failure to act by the City of Port Arthur, (Architect) or Contractor shall constitute a waiver of
any right or duly afforded any of them under the Contract, nor shall any such action or failure
•
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Federally Required and other Model Contract Clauses 40
uoact conxbtztcanaDp,ovalnfoz acquiescence acquiesc:ence in any breach thereuncler, excep as may be
specificafly agreed in writing.
• 28. PATENT AND RIGHTS l0DATA
'. ]7[l'RPa,t:40I
49C11K Parts l8 and l9
Applicability LoContracts
Patent and rights in data requirements for federally oasisted projects projects ONLY crpply Lo research
projects in which FTA finances he purpose of the grant is to finance the development. u[a
product or information. These patent and data rights requirements do not: apply to capital
projects or operating projects, even though a small portion of the sales price may cover the cost
of product deve1opnenL or 1vriting Lhe users manual.
Flow Dop'u
•. The Patent and Rights n Data requirements apply to all contractors and their contracts at every
• tier.
Model [la use/ l'anppa3c •
The FTA patent clause is substantially similar to the text of 49 CFR Part 19, Appendix A, Section
6 but the rights in data dauscreflects FT A°elocdvex. For patent rights, 'ETA b governed bv
. �
Federal law and regulation. For data rights, the text on (:upyrights is insufficient to meet ETA's
purposes for awarding research grants. This macid clause, with larger rig.hts as a standard, is
}proposed with the understanding that this standard could be modified k/ ETA's neod.x
CONTRACTS y�VOl�]yJ(��XY����8�D'/\l,D�YBl�9k4���I��D&DB5��\�[BYV{)DI(
' - •
•
A. Rights in Data - This foiowing requirement applies to each contract iovo6dzz experioenxal,
developmental. o,research work:
•
(1.) 'Ile term "subject data" used in this clause means recorded information, whether or not
copyrighted, that is delivered or specified be u
delivered under term includes ,
mJ m
graphic'. or pictorial JeHnxahooin media such as drnvving•s or photographs; text in specifications
•
• orre\aou6pczfozozoucoo,dmign-iypcduounocnts;noachjnc600mxsuchoo?undhxdcu/dx •
magnetic tape, or computer memory printouts; and information retained in computer inemc.iry.
Examples include, but are not limited to: computer software, engineering drawings and
associated lists, specifica Lions, standards, process sheets, manuals, technical reports, catalog
item identifications, and related information. The terin "subject data" does not include financial
reports, coSL analyses, and sirnilar in!orrnation incidental to contract administration.
(2) The following restrictions apply to all subject data first produced in the performance of the �
con�nc��o=|`ich8�s/\�tachmsutba�beenuddud� `*
(u) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce.
}
subject data m whole or in part, or in any manner orform, 'nor may the Purchaser or Contractor
• authorize others to do so, without the written consent of the Federal Government, until such
time as the Federal Government nmy have eit:1er released or approved thc release of such data
•
•
F=ederally Required and other Nilodel Contract Clauses
to the public; this restriction on publication, however, does not apply to any contract with an
academic institution.
(b) in accordance with 49 CFR § 18.34 and 49 CFR § 19.36, the Federal Government reserves a
royalty- -free, non - exclusive and irrevocable license to reproduce, publish, or otherwise use, and
to authorize others to use, for "Federal Government purposes," any subject data or copyright
described in subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the previous
= sentence, "for Federal Government purposes," means use only for the direct purposes of the
Federal Government. Without the copyright owner's consent, the Federal Government may not
extend its Federal license to any other party.
•
'1. Any subject: data developed under that contract, whether or. not a copyright hos been
obtained; and
2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in
whole or in part provided by FL A..
(c) When PTA awards Federal assistance for experimental, developmental, or research work, it
is FTA's general intention to increase transportation knowledge available to the public:, rather
than to restrict the benefits resulting from the work to participants in that work. Therefore,
unless FTA determines otherwise, the Purchaser and the Contractor performing experimental, •
developmental, or research work required by tlx: underlying contract to which this Attachment
is added agrees to permit FTA to snake available to the public, either ETA's license in the
copyright to any subject data de.veioped in the course of that contract, or a copy of the subject
data first produced under the contract for which, a copyright has not been obtained. If the
experimental, developmental, or research work, which is the subject of the underlying contract,
•
is not completed for any reason 'whatsoever, all data developed under that contract shall
become subject data as defined in subsection (a) of this clause and shall be delivered as the
Federal Government may direct. This subsection (c) , however, does not apply to adaptations of
automatic data processing equipment or programs for the Purchaser or Contractor's use whose
costs are financed in whole or in part with Federal assistance provided by FTA for
transportation capital projects.
(d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and
the Contractor agree to indemnify, save, and hold harmless the Federal Government, its
office. s, agents, and employees acting within the scope of their official duties against any
lidi�ilily, 171C1U(lilly, costs and expenses, resulting from any 'dui or intentional violation by the
Purchaser or Cc 01 proprietary rights, copyrights, or right of privacy, arising out of the
publication, translat ion, reproduction, delivery, use, or disposition of any data furnished under
that contract. Neither the Pu rchaser nor the Contractor shall be required to indemnify the
Federal Government for any such liability arising out *he wrongful act of any employee,
official, or agents of the Federal Government.
(e) Nothing contained in this clause on rights in data shall imply a license to the Federal
Government under any patent or be construed as affecting the scope of any license or other
right otherwise granted to the Federal Government under any patent.
•
•
a .
Federally Required and other Model Contract Clauses Al)
•
(f) Data developed by the Purchaser or Contractor and financed entirely without using Federal
assistance provided by the Federal Government that has been incorporated into work required
by the underlying contract to which this Attachment has been added is exempt from the
requirements of subsections (b), (c), and (d) of this clause , provided that t] e Purchaser or
- Contractor identifies that data in writing at the time of delivery of the contract work.
(g) Unless F'TA determines otherwise, the Contractor agrees to include these requirements in
•
each subcontract for experimental, developmental, or research work financed in whole Or in
part with Federal assistance provided by FTA.
il (3) unless the .Fedee'ral. Government later makes a contrary determination in writing, irrespective
of the Contractor's status (i.e. , a large business, small business, state government or state
instrumentality, local government, nonprofit organisation, institution of higher education,
indiviciuMl, etc.), the Purchaser and the Contractor agree to take the necessary actions to
provide, through FTA, those rights in that invention due die Federal Government as described
in U.S. Department of Commerce regulations, "Rights to inventions h9ade by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreerne: its," 77 CFR Part 401.
( 4) The Contractor also agrees to include these requirements in each subcontract: for .
experimental, developmental, or'research work financed in whole or in part with Federal •
assistance provided by FTA.
B. Patent Rights - these following requirements apply to each contract involving experimental,
developmental, or research work: .
(1) General -, If any invention, improvement, or discovery is conceived or first actually reduced
to practice in the course of or under the contract to ,•vhich this Attachment has been added, and
that invention, improvement, or discovery is patentable under the laws of the United States of
America or any foreign Country, the Purchaser and Contractor agree to take actions necessary to
provide immediate notice and a detailed report to the party at a higher tier until FTA is
ul.ti:rtately notified.
(2) Unless the Federal Government later makes a contrary determination in writing, irrespective
of the Contractor's status (a large business, small business, state government or state
instrumentality, local goverr nonprofit organization, institution of higher education,
i ndividua1), the Purchaser and the Contractor agree to take the necessary actions to provide,
through FTA, those rights in that invention due the Federal Goverrunent as described in U.S.
Department of Commerce regulations, "Rights to Inventions Macle by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"
37 CFR Part 401.
(3) The C;onlru:tor also agrees to include the requirements of this clause in each subcontract for
exl °erh - he - eta!, developmental, or research work financed in whole or in part: with Federal
assistance provided by 01•A. .
29. TRANSIT EMPLOYEF PROTECTIVE AGRFF;M1?N'!'S
•
Federally Required and other Model Contract. Clauses 4 3
49 USC § 5311), § 5311, and § 5333
29 CFR Part 215
Applicability to Contracts
The Transit Employee Protective Provisions apply to each contract for transit operations
LI
performed by employees of a Contractor recognized by PTA to be a transit operator (5ecaLlsc
transit operations involve many activities apart from directly driving or operating transit -
vehicles, FTA determines which activities constitute transit "operations" for purposes of this
clause.)
Ri
il Flow Down
'These provisions are applicable to all contracts and subcontracts at every tier.
Model C. eusc /l..anga.agc
since no mandatory language is specified, FTA had developed the following language. Transit
Employee Protective Provisions. (1) The Contractor agrees i to the comply with ap•licable: transit
employee protective requirements as follows:
(a) General Transit Employee Protective Requirements - To the extent that PIA determines that
transit operations are involved, the Contractor agrees to carry out. the transit operations work
on the .uncerlying contract in compliance with terms and conditions determined by the U.S. •
Set ret'ary of !_,abor to be fair and e:qui.table ro protect the interests of employees employed under
this contract and to meet the employee protective requirements of 49 USC § A 5333(5), and U.S.
DO1., guidelines at 29 CUR Part 215, and any amendments thereto. These terms and conditions
are identified in the letter of certification from the U.S. DOI., to U1'A applicable to the FTA
Recipient's project from which Federal assistance is provided to support work on the
underlying contract. The Contractor agrees to carry out that work in compliance with the
conditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, .r, do
not apply to any contract. financed with Federal assistance provided by FTA either for projects
- for elderly individuals and individuals with disabilities authorized by 49 USC § 5310(a)(2), or
for projects for nonurbanized. areas authorized by 49 USC:. § 5311. Alternate provisions for those
projects are set forth in subsections (5) and (c) of this clause.
ii
(b) Transit Employee Protective Requirements for Projects Authorized by 49 USC § 5310(a)(2)
for Elderly individuals and Individuals with Disabilities - If the contract involves transit
operations financed in whole or in Part with Federal assistance authorized by 49 USC
5310(x)(2), and if the U.S. Secretary of I•ransportation has determined or determines in the
future that the employee protective requirements of 49 USC g 5333(b) are necessary or
appropriate for the stale and the public body subrecipient for which work is performed on the •
underlying contract, the Contractor agrees to carry out the Project in compliance with the terms
and conditions determined by the U.S. Secretary of Lal to meet the requirements of 49 USC
i .
5333(5), U.S. T)OI_, guidelines at 29 C.FR Part 2 :15, and any amendments thereto. These t an
•
conditions are identified in the U.S. DOT:'s letter of certification to FTA, the date of which is set
forth Grant Agreement or Cooperative Agreement with the state, The Contractor agrees to
pe.rfor:m tra zsil operations in connection with the underlying contract in compliance with the
conditions stated ir1 that U.S. DOL letter.
•
Federally Required and other Model Contract Clauses 44
(c) Transit Employee Protective Require. tents for Projects Authorized by 49'USC f 5311 in
Nonurbaeized Areas - If the contract involves transit operations financed in whole or in part.
with Federal assistance authorized by 49 USC § 5311., the Contractor agrees to comply with the
terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by
the.l7.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures
implemented by U.S. DOL or any revision thereto.
il (2) The Contractor also agrees to include the any applicable requirements in each subcontract
involving transit operations financed in whole or in part with Federal assistance provided by
FTA.
30. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
y. 49 CPR Part 26 •
Applicability to Contracts
DE E, nun; lsions only apply to all L)C) as:;iste contracts. ?.:)isadva;htrl,cd Business 1;;rti r }:rise
Provision
il i. The Federal Fiscal Year €,oaI.has been set by City of Port Artliur.in an attempt to match
projected procurements with available qualified disadvantaged businesses. City of Port
Arthur's goals for budgeted service contracts, bus parts, and other material and supplies for
DisadvaitE.rged Business Enterprises have been established by City of Port Arthur as scat forth by
the Department of Transportation Regulations 49 CFR Fart 23, March 31, 1980, and amended by
Section 106(c) of the Surface Transportation Assistance Act of 1987, and is considered pertinent
to any Contract Agreement resulting from this request for proposal.
If a specific DBE goal is assigned to this Contract Agreement, it will be clearly stated in the z.
Special Specifications, and if the Contractor is found to have faded to exert sufficient,
reasonable, and good faith efforts to involve DBEs in the work provided, City of Port Arthur
may declare the Contractor non- complaint end in breach of Contract Agreement. If a goal is not 5
stated in the Special Specifications, it will be understood that no specific: goal is assigned to this 5
•
Contract Agreement.
1
(a) Policy - 11 is the policy of the Department of Transportation and City of Port Arthur that
Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, aril as amended. in Section
106(c) of the Surface 'Transportation and Uniform Relocation Assistance Act of 1.987, shall have
the maximum opportunity to participate in the performance of Contract Agreement financed in
,i whole or in part with federal funds under this Contract Agreement Consequently, the DBE i
requirements of 49 CFR Part 26 and Section 106(c) of the STLJRAA of 1987, apply to this
Contract Agreement. • •
The Contractor agrees to ensure. that DBE's as defined in 49 CFR Part 26 and Section 106(c) of s
the STURAA of 1987, have the maximum.. opportunity to participate in the whole or in part with z
federal funds provided under this Contract Agreement. In this regard, the Contractor shall take
ell necessary and reasonable steps in accordance with the regulations to ensure that DBE's have i
the maximum ol:pportun.ity to compete for and perform subconlracts.'.1'he Contractor shall not f
discriminate on the basis of race, color, national origin, religion, sex, age or physical handicap in =
i
Federally Required and other Model Contract Clauses 45 /
he oward and performance of subcontracts.
i5 further he policv of City of Port Arthur 0o promote tbc development and increase the
partic:ipation of businesses owned and controlled by disadvantaged. DBE involvement in all
phases n/ City o[ Port Arthur's procurement activities oencouraged.
(b) DBE obligation - The Contractor end its subcontractors agree to ensure that disadvantaged
lm�nccs�have the maximum oppu/�� lo participate �
�i�azubne9erformamceofcontracts and
xubcontrecLxGnaucedinvrbo\eozinpart with fec1era funds provided under the Contract
Agreement. In that regard, ell Contrac.tors and subcontractors shall take all necessary and
reasonable steps in accordance with 49 C. 26 as amended, to ensure that minority
bus iness enterorises have the rnaximurn opportunity to compete for cn perform. contracts.
(c) Where the Contractor is found to have failed to exert sufficient reasonable and good faith
efforts c/ involve DBE's in the work provided, the City of Port Arthur may declare the
Contmcx`,z`on-complaintend in breach of Contract Agreement.
(d) The Cunt:ractor will keep records and docurnents for u reasonable time following
pert:or:mu:ice of this Contract Agreement to indicate. compliance With City of Pori; Arthur's DBE
program. These records and documents bc made available et reasonable times and places
for in S pecti on by any authorized representative of City of Port Arthur and will be submitted to •
(:ity of .1ort Arthur upon request:.
(e) City of Port Arthur will provide affirmative assistance as may be reasonahle and necessary
to assist tne prime [oo\mrbo .in knplemrnhnD their programs for D13E participation. The
assistance may indodrthe following upon request:
*Identification o[ qualified DBE
^ Available listing nfbJicodty Assistance Agencies
° Holding bid conferences to emphasize requirements
Z. DBE Prograrn Definitions, as Dsed in the Contract Agreement:
(a) Disadvantaged business "ozeausa small business concern":
i. 1 v'Jhich is at least
individuals, or, in the caise of any publicly owned business, at east 51 percent of lhci stock cf
wbichi�ov/ned6vonco,rno«cunciallyandcconomicaDy disadvantaged individua�;and
•
'
ii. Whose management and daily business operations are controlled . by one or more of the
socially and economically disadvantaged individuals who o`*nit.
or
id. \'Vhich is et least 51 percent percent owneci hy 000 or more women individuals, ar 10 the case of any
•
•
Federally Required and other Model Contract Clauses 46
publicly owned business, at least 51 % of the stock of which is owned by one or more women
individuals; and
iv. Whose management and daily business operations are controlled by one or more women
individuals who own it.
(b) "Small business concern" means a small business as defined by Section 3 of the Small
Business Act and Appendix 13
This section is being developed to reflect the new rule in 49 CFR Part 26.
31. STATE; AND LOCAL LAW DISCLAIMED
Applicability to Contracts
This disclaimer applies to all contracts.
Flow Down
The Disclaimer has unlimited flow down.
Model Clause /1..,anguage
PTA has developed the following language.
State and. Local Law Disclaimer -• The use of many of the suggested clauses are not governed by
Federal law, but are significantly affected by State law. The language of the suggested clauses
may need to be modified depending on state law, and that before the suggested clauses are
used. in the grantees procurement documents, the grantees should consult with their local
attorney.
32. INCO RPORATION O.F F IDERA L TRANSIT ADMINIST'.RATION (FTA) TERMS
FTA Circular 9 D
Applicab0ity to Contract
"l'be incorporation of h'I'A terms applies to all contracts.
Flow Down
The incorporation of FTA terms has unlimited flow down.
Model Clause / Language
FTA has developed the following incorporation of terms language:
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required by •
DOT, as set forth :in FTA Circular 4220.31D, dated April 15, 1996, are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all PTA mandated terms shall be
deemed to control in the event of a conflict with other provisions contained in this Agreement.
The Contractor shall not perform any act, fail to perform a.ny act, or refuse to comply with any
Federally Required and other Model Contract Clauses 47
(name of grantee) requests which would cause (name of grantee) to be in violation of the liTA •
•
terms and conditions.
•
: -r
..4=E11111909 115
o �
PETROLEUM TRADERS
CORPORATION
7120 Point Inverness Way
Fort Wayne, IN 46804 -7928
Emergency Response Plan
Emergency Response Plan
Petroleum Traders Corporation makes every effort to provide consistent quality of
service to its customers in times of national or local emergency and weather related
natural disasters. Our resources include a stable of large and small local and nationally
recognized carriers to complete fuel deliveries. Our carriers strive to fulfill all delivery
requests as promptly as possible provided that their drivers are not put in danger or
required by local authorities to stay off the roads. In that event, they will complete
emergency orders.
Giving the unpredictable nature of natural disasters and storms, there are certain
situations that will need to be taken into consideration that may impact the ability or limit
the supply of fuel to an impacted area:
• Natural disasters may interrupt the normal supply of fuel into the immediate area
and surrounding regions. This may impact the availability of fuel to any supplier
and at times may require carriers and suppliers to pull fuel from non - standard
distances.
• Damages during and immediately after may prevent access to supply points or
disrupt terminal operations.
• Federal, state, and local authorities may regulate or restrict travel for non -
emergency vehicles.
• Federal, state, and local agencies may take control or impose restrictions on fuel
supply depending on the nature and severity of the situation.
The above is not an exhaustive list, but is a representation based on our experience in
some of the most severe situations which are often times beyond anyone's control.
With Petroleum Traders Corporation having accounts with 90% of all major and large
independent fuel producers in the United States under normal conditions Petroleum
Traders Corporation has regular access to supply. When adverse conditions affect one
area, supply is generally available elsewhere and so steps are taken to procure fuel
from there to be delivered into the affected area.
Petroleum Traders Corporation has a number of customers in high risk storm zones,
and as such we constantly monitoring news, weather, and other resources for events
that may cause impact to our customers. This monitoring happens on several levels to
ensure notification is sent out to the correct areas and departments that will need to
begin preparing for plans of action.
• If a storm is projected to impact any delivery area locations, Petroleum Traders'
personnel will contact the site personnel or leadership to identify key priorities or
needs and respond accordingly several days ahead of time.
o General recommendations:
• Sites should ensure all vehicles are topped off.
• After tanks have been depleted topping off vehicles, get readings
and call in orders to ensure tanks are filled to maximum capacity.
Any short load costs may prove beneficial as conditions of fuel
supply capabilities may potentially be unstable for some time after a
storm.
• Vehicles may want to fuel up at retail locations for one to two days
prior to any forecasted impact. This will help maintain you bulk fuel
tank reserves during and after a storm as fuel supply availability is
unpredictable immediately before and after impact.
• Clear tank areas of any potentially damaging materials /equipment
• Ensure tanks are fitted with water tight caps to prevent possible
water leakage into the tank.
• We will contact our local carriers to arrange continued deliveries up to several
hours prior to the predicted onset of dangerous weather or as permitted by either
safety conditions or authorities.
o If it is likely that a tropical storm will cause an impact any of your fuel sites
and any of our local carriers, Petroleum Traders will contact our carriers
outside the possible impact area to prepare for possible fuel needs after
any storm passes.
o We work with our customers to fairly mitigate additional expenses in the
event that there is a severe impact to fuel supply in the area and
Petroleum Traders needs to pull from non - standard distances.
.s.y Petroleum Traders will monitor the weather or situation and be available to
arrange with our carriers to resume needed deliveries as soon as conditions are
safe to begin or local authorities allow.
o We will continue to work with out -of -area carriers and the fuel delivery
sites until local carriers can resume making deliveries or local supply
becomes available.
Historically, in times of disaster, this process has involved locating product and
transporting it across the state as well as procuring fuel out of state as necessary.
When this extreme happenstance occurs, we would request customers to understand
the increased costs necessary to be passed along to the end user.
We also make every attempt to formulate arrangements with carriers in an area for
guaranteed availability of loads delivered provided product is available.
In the event there is any disruption in supply because of an emergency, Petroleum
Traders Corporation has the following procedures in place in order to meet your fuel
supply needs:
• We will have contacted carriers in other cities and surrounding states where
supply is available to prepare them for the possibility of longer runs into your fuel
sites where supply may not be available.
o A list of local carriers include:
• Alexander Oil
• C &R Distributing
• Coastal
• JOTCO
• Mission Petroleum
• Pro Petroleum
• Sun Coast
• Texas Transeastern
• UPT
o Petroleum Traders access to supply in the immediate area includes:
• Valero
• Gavilon
• Motiva
• Western Petroleum
• Placid
• US Oil
• Murphy
• Global
o Outside of the immediate area, we have access to supply in
• Houston, TX
o Musket
o Petrocom
o Gavilon
o Motiva
o US Oil
o Valero
o Western Petroleum
• Lake Charles, LA
o Valero
• San Antonio, TX
o Valero
o Motiva
o Calumet
o Additionally, we are able to pull fuel from more inland sources:
• Dallas, TX
• Shreveport, LA
• Waco, TX
• Corpus Christi, TX
• Petroleum Traders is a pipeline shipper. We have an average inventory of our
own fuels exceeding 30 million gallons. Our supply department is notified during
times of fuel emergencies as to where our supply needs to be redirected.
• Petroleum Traders Corporation can be contacted 24 hours per day, 7 days per
week, and 365 days per year.
o During normal business hours of 7:00 AM to 9:00 PM please call 1 -800-
348 -3705 and select option #4.
o After hours, weekends, or holidays call 1- 800 -348 -3705 and select option
#1 for an on -call member of dispatch.
• Petroleum Traders emergency personnel are available 24/7 during times of
emergency, disaster, supply disruption, etc.
o Emergency phone numbers include:
• Rick Hauschild, Distribution Manager: 800 -348 -3705 x 6373
• Gayle Newton, Contract Sales Manager: 800 - 348 -3705 x 6347
• Joe Jurczak, Operations Manager: 800 - 348 -3705 x 6338
• Mayleen Brinker, Supply Manager: 800 -348 -3705 x 6343
o Additional alternate numbers can be provided if needed.
Date: 10/30/2013 Time 6:52 PM T. @ 12604326564 Pages: 14
MATERIAL SAFETY DATA SHEET
VALERO
1. Product and Company Identification
Material name . DIESEL FUELS
Version # 03 .
Issue date 09- November -2010
Revision date 25 -June -2013
Supersedes date 04- November -2012 =
MSDS Number 102
v.
Product use Refinery feedstock.
ii
Synonym(s) Diesel Fuels All Grades, Diesel Fuel No.2, Fuel Oil No.2, High Sulfur Diesel Fuel, Low Sulfur =
•
Diesel Fuel, Ultra Low Sulfur Diesel Fuel, CARB (California Air Resource Board) Diesel Fuel, li
Off -Road Diesel Fuel, Dyed Diesel Fuel, X Grade Diesel Fuel, X -1 Diesel Fuel, R5 ULSD, B5 ULS.
D See section 16 for complete information. _
Manufacturer /Supplier Valero Marketing & Supply Company and Affiliates
P.O. Box 696000
San Antonio, TX 78269 -6000
General Assistance 210 -345 -4593
Emergency 24 Hour Emergency 866 -565 -5220
•
1 -800 -424 -9300 (CHEMTREC USA) -
2. Hazards Identification
Physical state Liquid. it
Appearance Liquid (may be dyed red).
Emergency overview WARNING!
Combustible liquid and vapor. May be ignited by heat, sparks or flames. Heat may cause the
containers to explode. -
Harmful if inhaled or swallowed. May be harmful if absorbed through skin. Aspiration may cause -
lung damage. Irritating to eyes, respiratory system and skin. In high concentrations, vapors and
spray mists are narcotic and may cause headache, fatigue, dizziness and nausea. Suspect cancer '
hazard - may cause cancer. Prolonged exposure may cause chronic effects. Diesel exhaust has _
been reported to be an- occupational hazard due to NIOSH - reported potential carcinogenic
properties. Hydrogen sulfide, a highly toxic gas, may be present or released. Signs and symptoms
of overexposure to hydrogen sulfide include respiratory and eye irritation, dizziness, nausea, li
coughing, a sensation of dryness and pain in the nose, and loss of consciousness. Odor does not
provide a reliable indicator of the presence of hazardous levels in the atmosphere. Toxic to aquatic
organisms. May cause long -term adverse effects in the aquatic environment The toxicological 5
ll properties of this material have not been fully investigated.
Static accumulating flammable materials can become electrostatically charged even in bonded s
El and grounded equipment. Sparks may ignite material and vapor may cause flash fire (or
explosion).
a OSHA regulatory status This product is considered hazardous under 29 CFR 1910.1200 (Hazard Communication).
Potential health effects •
Routes of exposure Inhalation. Ingestion. Skin contact. Eye contact.
- Eyes Contact may irritate or burn eyes. Eye contact may result in corneal injury
ill Skin May be harmful if absorbed through skin. I rritating to skin. Frequent or prolonged contact may
defat and dry the skin, leading to discomfort and dermatitis. •
Inhalation Harmful if inhaled. Irritating to respiratory system. In h igh concentrations, vapors and spray mists
are narcotic and may cause headache, fatigue, dizziness and nausea. May cause breathing
disorders and lung damage. May cause cancer by inhalation. Prolonged inhalation may be
harmful.
Ingestion Harmful if swallowed. Ingestion may result in vomiting; aspiration (breathing) of vomitus into lungs
must be avoided as even small quantities may result in aspiration pneumonitis. Irritating to mouth,
throat, and stomach.
Target organs Blood. Eyes. Liver. Respiratory system. Skin. Kidneys. Central nervous system.
DIESEL FUELS
3541 Version #: 03 Revison date: 25- June -2013 Print dale: 25- June -2013 1 / 13
Prepared by 3E Company
•
Date.: 10/30/2013 Time: 6:52 PM T. P 12604326564 Pages: 14
Chronic effects Suspect cancer hazard - may cause cancer. Liver injury may occur. Kidney injury may occur.
Exposure may cause lung cancer and also noted a positive association with an increased risk of
bladder cancer. May cause central nervous system disorder (e.g., narcosis involving a loss of
coordination, vvoakness, fatigue, mental confusion and blurred vision) and /or damage. Frequent or
prolonged contact may defat and dry the skin, leading to discomfort and dermatitis. .
Signs and symptoms Irritation of nose and throat. Irritation of eyes and mucous membranes. Skin irritation.
Unconsciousness. Corneal damage. Narcosis. Decrease in motor functions. Behavioral changes.
Edema. Liver enlargement. Jaundice. Conjunctivitis. Proteinuria. Defatting of the skin. Rash. The
toxicological properties of this product have not been thoroughly investigated. Use appropriate
precautions.
Potential environmental effects Toxic; to aquatic organisms. May cause long -term adverse effects in the aquatic environment.
3. Composition / Information on Ingredients -
Components CAS # Percent
Fuels, diesel, no. 2 68476 -34 -6 85 - 100
Biodiesel - Fatty acid methyl esters 67762 -38 -3 0 - 5
Fuels, diesel, C9- 18- alkane branched and linear 1159170 -26 -9 0 - 5
n- Nonane • 111 -84 -2 • 1 - 3
Octane (All isomers) 111 -65 -9 1 - 2
Hexane (Other isomers) 96 -14 -0 0 - 1
: Naphthalene 91 -20 -3 0 - 1
n- Heptane 142 -82 -5 0 - 1
n- Hexane 110 -54 -3 0 - 1
i:i 4. First Aid Measures
•
First aid procedures • -
. Eye contact Immediately flush eyes with plenty of water for at least 15 minutes. Remove contact lenses, if -
present and easy to do- Continue rinsing. Get medical attention.
•
Skin contact Remove contaminated clothing and shoes. Wash off immediately with soap and plenty of water.
Get medical attention if irritation develops or persists. Wash clothing separately before reuse.
Destroy or thoroughly clean contaminated shoes. if high pressure injection under the skin occurs,
always seek medics! attention.
•
Inhalation Move to fresh air. If breathina is difficult, give oxygen. If not breathing, give artificial respiration. Get medical attention.
Ingestion Rinse mouth thoroughly. Do not induce vomiting without advice from poison control center. Do not
give mouth -to -mouth resuscitation. If vomiting occurs, keep head low so that stomach content
does not get into the lungs. Get medical attention immediately.
- Notes to physician In case of shortness of breath, give oxygen. Keep victim warm. Keep victim under observation.
Symptoms may be delayed. The toxicological properties of this material have not been fully
investigated.
General advice If exposed or concerned: get medical attention /advice. Ensure that medical personnel are aware of
II
the material(s) involved, and take precautions to protect themselves. Show this safety data sheet
to the doctor in attendance. Wash contaminated clothing before re -use.
ii
5. Fire Fighting Measures
Flammable properties Combustible liquid and vapor. Containers may explode when heated.
= Extinguishing media
Suitable extinguishing Water spray. Water fog. Foam. Dry chemical powder. Carbon dioxide (CO2).
media
Unsuitable extinguishing Do not use . a solid water stream as it may scatter and spread fire.
media
fg
Protection of firefighters
9.
Protective equipment and Wear full protective clothing, including helmet, self-contained positive pressure or pressure
precautions for firefighters demand breathing apparatus, protective clothing and face mask.
rj
DIESEL FUELS .
3541 Version a: 03 Revison date: 25 -June -2013 Print date: 25 -June -2013 2 / 13
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Date: 10 /30/2013 Time: 6:52 PM T, t 12604326564 Pages: 14
• Fire fighting Wear full protective clothing, including helmet, self - contained positive pressure or pressure
equipmentlinstructions demand breathing apparatus, protective clothing and face mask. Withdraw immediately in case of
rising sound from venting safety devices or any discoloration of tanks due to fire. Fight fire from
maximum distance or use unmanned hose holders or monitor nozzles. Move containers from fire
area if you can do it without risk. In the event of fire, cool tanks With water spray. Cool containers
exposed to flames with water until well after the fire is out. For massive fire, use unmanned hose
holders or monitor nozzles; if this is impossible, withdraw from area and let fire burn. Water runoff
can cause environmental damage. Use compatible foam to minimize vapor generation as needed.
Specific methods In the event of fire and /or explosion do not breathe fumes.
•
Hazardous combustion Carbon monoxide. Carbon Dioxide. Sulfur oxides. Nitrogen oxides (N0x). Hydrocarbons. Hydrogen
products sulfide.
6. Accidental Release Measures
Personal precautions Keep unnecessary personnel away. Local authorities should be advised if significant spills cannot
be contained. Keep upwind. Keep out of low areas. Ventilate closed spaces before entering. Do
not touch damaged containers or spilled material unless wearing appropriate protective clothing.
P .
S ee Section 8 of the MSDS for Personal Protective Equipment.
ij
Environmental precautions If facility or operation has an "oil or hazardous substance contingency plan ", activate its •
procedures. Stay upwind and away from spill. VVear appropriate protective equipment including
Ii respiratory protection as conditions warrant. Do not enter or stay in area unless monitoring
indicates that it is safe to do so. Isolate hazard area and restrict entry to emergency crew.
Flammable. Review Firefighting Measures, Section 5, before proceeding with clean up. Keep all
sources of ignition (flames, smoking, fiarer,, etc.) and hot surfaces away from release. Contain spill
in smallest possible area. Recover as much product as possible (e.g. by vacuuming). Stop leak if it
can be done without risk. Use water spray to disperse vapors. Use compatible foam tc minimize
vapor generation as needed. Spilled material may be absorhed by an appropriate absorbent and
then handled in accordance with environmental regulations. Prevent spilled material from entering
• sewers, storm drains, other unauthorized treatment or drainage systems and natural waterways.
Contact fire authorities and appropriate federal, state and local agencies. If spill of any amount is -
made into or upon navigable waters, the contiguous zone, or adjoining shorelines, contact the
II National Response Center at 1- 800 - 424 -8802. For highway or railways spills, contact Chemtrec at
1 -800 -424 -9300.
Methods for containment Eliminate all ignition sources (no smoking, flares, sparks, or flames in immediate area). Local
authorities should be advised if significantspillages cannot be contained. Stop leak if you can do
so without risk. This material is a water pollutant and should be prevented from contaminating soil
or from entering sewage and drainage systems and bodies of water. Dike the spilled material,
where this is possible. Prevent entry into waterways, sewers, basements or confined areas.
Methods for cleaning up Use non- sparking tools and explosion - .proof equipment.
Small Spills Absorb spill with vermiculite or other inert material, then place in a container for
chemical waste. Clean surface thoroughly to remove residual contamination. This material and its
container must be disposed of as hazardous waste.
•
Large Spills: Use a noel - combustible material like vermiculite, sand or earth to soak up the product
and place into a container for later disposal. Prevent product from entering drains. Do not allow
material to contaminate ground water system. Should not be released into the environment.
Other information Clean up in accordance with all applicable regulations.
7. Handling and Storage
Handling Eliminate sources of ignition. Avoid spark promoters. Ground /bond container and equipment.
These alone may be insufficient to remove static electricity.
_ Wear personal protective equipment. Avoid breathing dust/fume /gas /mistNapors/spray. Avoid
contact with eyes, skin, and clothing. Do not taste or swallow. Avoid prolonged exposure. Use only
rzl with adequate ventilation. Wash thoroughly after handling. The product is combustible, and
heating may generate vapors which may form explosive vapor /air mixtures. DO NOT handle, store
or open near an open flame, sources of heat or sources of ignition. Protect material from direct
sunlight. Take precautionary measures against static discharges. All equipment used when
handling the product must be grounded. Use non - sparking tools and explosion -proof equipment.
When using, do not eat, drink or smoke. Avoid release to the environment. .
Storage Flammable liquid storage. Do not handle Cr store near an open flame, heat or other sources of
ignition. This material can accumulate static charge which may cause spark and become an
ignition source. The pressure in sealed containers can increase under the influence of heat. Keep
container tightly closed in a cool, well- ventilated place. Keep away from food, drink and animal
feedingstuffs. Keep out of the reach of children.
DIESEL FUELS - _._
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8. Exposure Controls / Personal Protection
Occupational exposure limits
US. ACGIH Threshold Limit Values
Components Type Value Form
Fuels, diesel, no. 2 (CAS TWA 100 mg /m3 Inhalable fraction and
68476 -34 -6) - vapor.
Hexane (Other isomers) STEL 1000 ppm
(CAS 96 -14 -0)
ki
TWA 500 ppm
Naphthalene (CAS 91 -20 -3) STEL 15 ppm
TWA 10 ppm
n- Heptane (CAS 142 -82 -5) STEL 500 ppm =
TWA • 400 ppm
n- Hexane (CAS 110 -54 -3) TWA 50 ppm r.
n- Nonane (CAS 111 -84-2) TWA 200 ppm
Octane (AII isomers) (CAS TWA 300 ppm
• 111 -65 -9)
US. OSHA Table Z -1 Limits for Air Contaminants (29 CFR 1910.1000)
ltl
if
Components Type Value -
Naphthalene (CAS 91 -20 -3) PEL 50 mg /rn3
10 ppm
n- Heptane (CAS 142 -82 -5) PEL 2000 mg /m3 =
500 ppm t.
n- Hexane (CAS 110 -54 -3) PEL 1800 mg /m3
500 ppm
Octane (All isomers) (CAS PEL 2350 mg /m3
111 -65 -9)
500 ppm
Canada. Alberta OELs (Occupational Health & Safety Code, Schedule 1, Table 2)
Components Type Value
Fuels, diesel, no. 2 (CAS TWA 100 mg /m3
68476 -34 -6)
Hexane (Other isomers) STEL 3500 mg /m3
(CAS 96 -14 -0)
1000 ppm
TWA 1760 mg /m3 r
500 ppm
Naphthalene (CAS 91 -20-3) STEL 79 mg /m3
P.
15 ppm
TWA 52 mg /m3 =
10 ppm
n- Heptane (CAS 142 -82 -5) STEL 2050 mg /m3
500 ppm =
TWA 1640 mg /m3 -
400 pprn
n- Hexane (CAS 110 -54 -3) TWA 176 mg /m3
50 ppm
\ n- Nonane (CAS 111 -84 -2) TWA 1050 mg /m3
'-, 200 ppm
Octane (All isomers) (CAS TWA 1400 my /m3 a.
111 -659)
300 ppm
rst
Canada. British Columbia OELs. (Occupational Exposure Limits for Chemical Substances, Occupational Health and •
Safety Regulation 296/97, as amended) -
Components Type Value Form
Fuels, diesel, no. '2 (CAS TWA 100 mg /rn3 Vapor and aerosol. _
• 68476-34-6)
DIESEL FUELS _
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' r
Canada. British Columbia OELs. (Occupational Exposure Limits for Chemical Substances, Occupational Health and
Safety Regulation 296/97, as amended)
Components Type Value Form
Hexane (Other isomers) TWA 200 ppm
(CAS 96 -14 -0)
Naphthalene (CAS 91 -20 -3) STEL 15 ppm
TWA 10 ppm
n- Heptane (CAS 142 -82 -5) STEL 500 ppm
• TWA 400 ppm
n- Hexane (CAS 110 -54 -3) TWA 20 ppm
n- Nonane (CAS 111 -84 -2) TWA 200 ppm
Octane (All isomers) (CAS TWA .. 300 ppm
111 -65 -9) •
C anada. Ontario OELs. (Control of Exposure to Biological or Chemical Agents)
Components Type Value Form
'
Fuels, diesel, no. 2 (CAS TWA — 100 mg /m3 Inhalable fraction and
68476 -34 -6) vapor. .
Hexane (Other isomers) STEL . 1000 ppm (CAS 96 -14 -0) •
TWA 500 ppm
Naphthalene (CAS 91 -20 -3) STEL 15 ppm
TWA 10 ppm
n- Heptane (CAS 142-82 -5) STEL 500 ppm • -
TWA 400 ppm
n- Hexane (CAS 110 -54 -3) TWA 50 ppm
•
n- Nonane (CAS 111 -84 -2) TWA - 200 ppm
Octane (All isomers) (CAS TWA 300 ppm
•
111 -65 -9)
Canada. Quebec OELs. (Ministry of Labor - Regulation Respecting the Quality of the Work Environment)
ii li
Components . Type Value
Hexane (Other isomers) ' STEL 3500 mg /m3
- (CAS 96 -14 -0)
1000 ppm
TWA 1760 mg /m3
. 500 ppm
Naphthalene (CAS 91 -20 -3) STEL. • 79 mg /m3
15 ppm
TWA 52 mg /m3
10 ppm
n- Heptane (CAS 142 -82 -5) STEL 2050 mg /m3
500 ppm
TWA 1640 mg /m3
400 ppm
n- Hexane (CAS 110 -54 -3) TWA 176 mg /m3
50 ppm
n- Nonane (CAS 111 -84 -2) TWA 1050 mg /m3
200 ppm
Octane (All isomers) (CAS STEL 1750 mg /m3
111 -65 -9)
'z 5 Ppm •
TWA 1400 ma /m3
300 ppm
Mexico, Occupational Exposure Limit Values
Components Type Value
Hexane (Other isomers) STEL 3500 mg /m3
(CAS 96 -14.0)
1000 ppm
TWA 1760 mg /m3
DIESEL FUELS
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:
Mexico. Occupational Exposure Limit Values
Components Type Value
Y.
500 ppm it
Naphthalene (CAS 91 -20 -3) STEL 75 mg /m3
15 ppm
TWA 50 mg /m3
10 ppm
n- Heptane (CAS 142 -82 -5) STEL 2000 mg /m3 _
500 ppm _
TVVA 1600 ma /m3
400 ppm °
n- Hexane (CAS 110 -54 -3) TWA 176 mg /m3
50 ppm
n- Nonane (CAS 111 -84 -2) STEL 1300 mg /m3
250 ppm
TWA 1050 mg /m3
200 ppm -
Octane (All isomers) (CAS STEL - 1800 mg /m3
111-65-9)
375 ppm
TWA 1450 mg /m3
300 ppm Exposure guidelines
Canada - Alberta OELs: Skin designation
Naphthalene (CAS 91 -20 -3) Can be absorbed through the skin.
n Hexane (CAS 110 - 54 - 3) Can be absorbed through the skin. s
Canada - British Columbia OELs: Skin designation
Fuels, diesel, no. 2 (CAS 68476 -34 -6) Can be absorbed through the skin. _
Naphthalene (CAS.91 -20 -3) Can be absorbed through the skin.
n -- Hexane (CAS 110 -54 -3) Can be absorbed through the skin. 5
Canada - Manitoba OELs: Skin designation
Fuels, diesel, no. 2 (CAS 6847634 -6) Can be absorbed through the skin. k.
-
Naphthalene (CAS 91 -20 -3) Can be absorbed through the skin. _
, r -Hexa re (CAS 110 -54.3) Can be absorbed through the skin. il
Canada - Ontario OELs: Skin designation
Fuels, diesel, no. 2 (CAS 68476 -34 -6) Can be absorbed through the skin. s
Naphthalene (CAS 91 -20 -3) Can be absorbed through the skin.
n- Hexane (CAS 110 -54 -3) Can be absorbed through the skin. 5
Canada - Quebec OELs: Skin designation 5
n- Hexane (CAS 110 -54 -3) Can be absorbed through the skin. -
Canada - Saskatchewan OELs: Skin designation _
Fuels, diesel, no. 2 (CAS 68476 -34 -6) Can be absorbed through the skirl.
Naphthalene (CAS 91 -20 -3) Can be absorbed through the skin.
n- Hexane (CAS 110 -54 -3) Can be absorbed through the skin. ii
Mexico OELs: Skin designation
n- Heptane (CAS 142 -82 -5) Can be absorbed through the skin. _
US - California OELs: Skin designation
n- Hexane (CAS 110 -54 -3) Can be absorbed through the skin. 5
US ACGIH Threshold Limit Values: Skin designation
Fuels, diesel, no. 2 (CAS 68476 -34 -6) Can be absorbed through the skin.
Naphthalene (CAS 91 -20 -3) Can be absorbed through the skin.
n- Hexane (CAS 110 -54 -3) Can be absorbed through the skin. -
Engineering controls Provide adequate general and local exhaust ventilation. Use process enclosures, local exhaust
ventilation, or other engineering controls to control airborne levels below recommended exposure
limits. Use explosion -proof equipment.
Personal protective equipment - -
Eye I face protection Wear safety glasses. If splash potential exists, wear full face shield or chemical goggles.
DIESEL F.I _ __ — - -- —_._ ._ __.-
_ —_..– - -- _ _
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6
Skin protection Wear chemical- resistant, impervious gloves. Full body suit and boots are recommended when
handling large volumes or in emergency situations. Flame retardant protective clothing is
recommended.
Respiratory protection Use a properly fitted air- purifying or air -fed respirator complying with an approved standard if a
risk assessment indicates this is necessary. Respirator selection must be based on known or
•
anticipated exposure levels, the hazards of the product and the safe working limits of the selected
•
respirator. If workplace exposure lirnits for product or cornponents are exceeded, NIOSH approved •
•
•
equipment should be worn. Proper respirator selection should be determined by adequately
• •
trained personnel, based on the contaminants, the degree of potential exposure and published
respiratory protection factors. This equipment should be available for nonroutine and emergency -
_ use. .
General hygiene Consult supervisor for special handling instructions. Avoid contact with eyes. Avoid contact with
considerations skin. Keep away from food and drink. Wash hands before breaks and immediately after handling
the product. Provide eyewash station and safety shower. Handle in accordance with good
industrial hygiene and safety practice.
il
9. Physical & Chemical Properties
;,7. Appearance Liquid (may be dyed red). •
Physical state Liquid.
Form Liquid.
Color Clear. Straw.
• Odor Kerosene (strong).
Odor threshold Not available.
•
pH Not available.
Vapor pressure : 1 mm Hg (20 °C)
Vapor density 3(Air =1) _
Boiling point 325 - 700 °F (162.78 - 371.11 °C) F.
Melting point/Freezing point 60.07 " F ( -51.15 "C) Estimated
• Solubility (water) Not available. .
• •
Specific gravity 0.82 - 0.87 (60T)
Flash point > 100.0 °F (> 37.8 °C) Closed Cup .
Flammability limits in air, '8 % •
•
t-i upper, % by volume
Flammability limits in air, 0.4 % F.
lower, % by volume
Auto - ignition temperature 494.96 "F (257.2 °C)
Evaporation rate 0 •
Viscosity 2 - 4.5 rnrnz /s
si
Other data
Flash point class Combustible II •
10. Chemical Stability & Reactivity Information
f ili Chemical stability Stable under normal temperature conditions and recommended use.
Conditions to avoid Heat, flames and sparks. Ignition sources. Contact with incompatible materials. Do not pressurize,
cut, weld, braze, solder, drill, grind or expose emptycontainers to heat, flame, sparks, static •
p.
ill electricity, or other sources of ignition; they may explode and cause injury or death.
Incompatible materials Strong oxidizing agents.
V. Hazardous decomposition Carbon oxides. Sulfur oxides. Nitrogen oxides (NOx). Hydrocarbons. Hydrogen sulfide.
products
Possibility of hazardous Hazardous polymerization does not occur.
reactions
- DIESEL FUELS ^
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r
11. Toxicological information
Toxicological data
Components Species Test Results
Fuels, diesel, no. 2 (CAS 68476 -34 -6)
Acute -
Inhalation
LC50 Rat 4.1 mg /I, 4 hours
Naphthalene (CAS 91 -20 -3)
Acute
Derma!
- LD50 Rabbit > 2 g /kg
Oral
LD50 Rat 490 mg /kg
n- Heptane (CAS 142 -82 -5)
Acute
Inhalation
LC50 Rat 103 mg /I, 4 Hours =
n- Hexane (CAS 110 -54 -3) i
Acute
Ora/ LI
LD50 Rat 28710 mg /kg
n- Nonane (CAS 111 -84 -2) -
Acute .
Inhalation
LC50 Rat 3200 mg/I, 4 Hours -
•
Octane (All isomers) (CAS 111 -65 -9) -
Acute
Inhalation _
LC50 Rat 118 mg /I, 4 Hours
Sensitization This substance may have a potential for sensitization which may provoke an allergic reaction
among sensitive individuals.
Acute effects Harmful if inhaled, absorbed through skin, or swallowed. Harmful: may cause lung damage if
swallowed. Irritating to eyes, respiratory system and skin. In high concentrations, vapors and
spray mists are narcotic and may cause headache, fatigue, dizziness and nausea. Hydrogen
sulfide, a highly toxic gas, may be present. Signs and symptoms of overexposure to hydrogen
II sulfide include respiratory and eye irritation, dizziness, nausea, coughing, a sensation of dryness
and pain in the nose, and Toss cf consciousness. Odor does not provide a reliable indicator of the
r.
presence of hazardous levels in the atmosphere. The toxicological properties of this material have
3 not been fully investigated.
Chronic effects Contains organic solvents which in case of overexposure may depress the central nervous system
causing dizziness and intoxication. Repeated exposure to naphthalene may cause cataracts,
allergic skin rashes, destruct of red blood cells, and anemia, jaundice, kidney and liver
damage. Danger of serious damage to health by prolonged exposure. Prolonged or repeated
v overexposure may cause central nervous system, kidney, liver, and lung damage. ii
Subchronic effects Liver and kidney damage may occur after prolonged and repeated exposure.
Carcinogenicity '.International Agency for Research on Cancer (IARC): Whole diesel engine exhaust — IARC Group
t, may cause lung cancer and also noted a positive association with an increased risk
of bladder cancer.
Diesel exhaust has been reported to be an occupational hazard due to NIOSH..reported potential
carcinogenic properties.
5 ACGIH C arcinogens
Fuels, diesel, no. 2 (CAS 68476 -34 -6) A3 Confirmed animal carcinogen with unknown relevance to
humans.
Naphthalene (CAS 91 -20 -3) A4 Not classifiable as a human carcinogen.
IARC Monographs. Overall Evaluation of Carcinogenicity -
Fuels, diesel, no. 2 (CAS 68476 - 34 - 6) 3 Not classifiable as to carcinogenicity to humans. -
DI ESEL FUELS
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Naphthalene (CAS 91 -20 -3) 28 Possibly carcinogenic to humans.
US NTP Report on Carcinogens: Anticipated carcinogen
Naphthalene (CAS 91 -20 -3) Reasonably Anticipated to be a Human Carcinogen.
•
Epidemiology Studies have shown a risk of spontaneous abortions in women exposed to high concentrations of
organic solvents during pregnancy. Pre- existing skin conditions including dermatitis might be
aggravated by exposure to this product.
- Mutagenicity No component of this product present at levels greater than or equal to 0,1% % is identified as a
mutagen by OSHA.
•
Neurological effects Chronic exposure to high concentrations of various hydrocarbon blends may lead to
polyneuropathy (peripheral nerve damage), characterized by progressive weakness and •
• numbness in the extremities, loss of deep tendon reflexes and reduction of motor nerve
conduction velocity. Numerous cases of polyneuritis have been reported following prolonged
•
exposures to a petroleum fraction containing various isomers of heptane as major ingredients. _
May cause central nervous system disorder (e.g., narcosis involving a loss of coordination,
weakness, fatigue) and /or damage.
Reproductive effects Napthalene interferes with embryo development in experimental animals at dose levels that cause
maternal toxicity. In humans, excessive exposure to this agent may cause hemolytic anemia in the ii
= mother and fetus.
Teratogenicity The components of this product are not reported to cause teratogenic effects in humans. Based
on best current information, there is no known toratogenicity associated with this product. -
Further information Symptoms may be delayed. Toxicclogical properties of this material have not been fully
investigated.
• 12. Ecological Information
Ecotoxicological data
Components Species Test Results
Fuels, diesel, no. 2 (CAS 68476 -34 -6)
Aquatic
Acute
Crustacea EL50 Daphnia magna . 68 mg /I 48 hours - •
Fish LL50 Oncorhynchus mykiss 65 mg /I, 96 hours
Naphthalene (CAS 91 -20 -3)
Aquatic
•
•
Crustacea EC50 Water flea (Daphnia magna) 1.09 - 3.4 mg /l, 48 hours
Fish LC50 Pink salmon ( Oncorhynchus gorbuscha) 1.11 - 1.68 mg /I, 96 hours
ii n- Heptane (CAS 142 -82 -5)
Aquatic -
ti Fish LC50 Western mosquitofish (Gambusia affinis) 4924 mg /I, 96 hours
il n- Hexane (CAS 110-54-3)
Aquatic
•
Fish LC50 Fathead minnow (Pimephales promelas) 2.101 - 2.981 mg /I, 96 hours
Ecotoxicity Toxic to aquatic organisrns, rnay cause long -term adverse effects in the aquatic environment.
P. Aquatic toxicity Toxic to aquatic organisms may cause long -term adverse effects in the aquatic environment.
Persistence and degradability Not available. •
Bioaccumulation / Not available. .
ii Accumulation .
y. Partition coefficient
Hexane (Other isomers) (CAS 96 -14 -0) 3.6
•
Octane (All isomers) (CAS 111 -65 -9) 5.18
n- Heptane (CAS 142 -82 -5) 4.66
n- Hexane (CAS 110 -54 -3) 3.9
•
n- Nonane (CAS 111 -84 -2) . 5.46
Mobility in environmental No data available.
•
media
EV 13. Disposal Considerations
Waste Codes - D001: Waste Flammable material with a flash point <140 °F
DIESEL FUELS - -- ._._ —.__
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`s
US RCRA Hazardous Waste U List: Reference
Naphthalene (CAS 91 -20-3) U185 .
Disposal instructions Dispose in accordance with all applicable regulations. Dispose of this material and its container to
hazardous or special waste collection point. Incinerate the material under controlled conditions in
an approved incinerator. Dc not allow this material to drain into sewers/water supplies. Do not
contaminate ponds, waterways or ditches with chemical or used container.
14. Transport Information
DOT
Basic shipping requirements: -
q
UN number UN1202
Proper shipping name Diesel fuel
Hazard class Combustible Liquid
Packing group III ID
Environmental hazards
Marine pollutant Yes
Additional information: -
Special provisions 144, B1,183, T2, TP1
Packaging exceptions 150 LI
Packaging non bulk 203
•
Packaging bulk 242
IATA
UN number UN1202
UN proper shipping name Diesel fuel
Transport hazard class(es) 3 _
Packing group I11
Environmental hazards • Yes R.
•
Labels required 3
ERG code 3 L i.
Special precautions for user Read safety instructions, SDS and emergency procedures before handling.
• IMDG
UN number UN1202
UN proper shipping name DIESEL FUEL
Transport hazard class(es) 3
Packing group 111
Environmental hazards
M arine pollutant Yes
•
. Labels required 3
EmS F -E, S -E _
Transport in bulk according Not applicable. However, this product is a liquid and if transported in bulk covered under
to Annex 11 of MARPOL MARPOL 73/78, Annex I. _
73/78 and the IBC Code
TDG . 1E,
. O.
UN number UN1202 iii
Proper shipping name DIESEL FUEL ri
Hazard class Combustible Liquid y
Packing group I11
Marine pollutant Yes :
Special provisions 82, 88
15. Regulatory Information
US federal regulations -
TSCA Section 12(b) Export Notification (40 CFR 707, Subpt. D)
n- Nonane (CAS 111 -84 -2) 1.0 % One -Time Export Notification only.
Clean Air Act (CAA) Section 112 Hazardous Air Pollutants (HAPs) List
Naphthalene (CAS 91 -20 -3)
n- Hexane (CAS 110 -54 -3)
US EPCRA (SARA Title III) Section 313 - Toxic Chemical: De minimis concentration
Naphthalene (CAS 91 -20 -3) 0.1 %
n- Hexane (CAS 110 -54 -3) 1.0 %
ii
DIESEL FUELS
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US EPCRA (SARA Title III) Section 313 - Toxic Chemical: Listed substance •
Naphthalene (CAS 91-20-3) Listed.
n- Hexane (CAS 110 -543) Listed.
CERCLA (Superfund) reportable quantity (Ibs) (40 CFR 302,4) -
n- Nonane: 100 =
_ Octane (All isomers): 100
Hexane (Other isomers): 100
Naphthalene: 100
n- Hexane: 5000
Superfund Amendments and Reauthorization Act of 1986 (SARA)
Hazard categories ' immediate Hazard - Yes
ii
Delayed Hazard - Yes
Fire Hazard - Yes
Pressure Hazard - No
,Reactivity Hazard - No
Section 302 extremely No y
hazardous substance (40
CFR 355, Appendix A) s
SARA 3111312 Hazardous Yes
chemical
Drug Enforcement Not controlled
Administration (DEA) (21 CFR
1308.11 -15)
WHMIS status Controlled
WHMIS classification 83 - Combustible Liquids
D2A - Other Toxic Effects -VERY TOXIC
D2B - Other Toxic Effects -TOXIC
WHMIS labeling
ii
, A 0 ..
,, .
.,
Inventory status
Country(s) or region Inventory name On inventory (yes /no)*
Australia Australian Inventory of Chemical Substances (AICS) Yes -
Canada Domestic Substances List (DSL) Yes
Canada Non - Domestic Substances List (NDSL) No
China Inventory of Existing Chemical Substances in China (IECSC) Yes
Europe European Inventory of Existing Commercial Chemical • Yes
Substances (EINECS)
•
Europe European List of Notified Chemical Substances (ELINCS) No •
Japan Inventory of Existing and New Chemical Substances (ENCS) No
_ Korea Existing Chemicals List (ECL) Yes
i.
New Zealand New Zealand Inventory Yes
Philippines Philippine Inventory of Chemicals and Chemical Substances Yes
(PICCS)
United States & Puerto Rico Toxic Substances Control Act (TSCA) Inventory Yes =
*A "Yes" indicates this product complies with the inventory requirements administered by the governing country(s).
A "No" indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing
country(s).
•
State regulations WARNING: This product contains chemicals known to the State of California to cause cancer and
birth defects or other reproductive harm.
ii
US - California Hazardous Substances (Director's): Listed substance
Hexane (Other isomers) (CAS 96 -14 -0) Listed. _-
q. ::
:-.. Naphthalene (CAS 91 -20-3) Listed.
n- Heptane (CAS 142 -82 -5) Listed.
DIESEL FUELS • =
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Disclaimer This Material Safety Data Sheet (MSDS) was prepared in accordance with 29 CFR 1910.1200 by
• Valero Marketing & Supply Co., ( "VALERO "). VALERO does not assume any liability arising out of
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_ product use by others. The information, recommendations, and suggestions presented in this
MSDS are based upon test results and data believed to be reliable. The end user of the product
has the responsibility for evaluating the adequacy of the data under the conditions of use,
determining the safety, toxicity and suitability of the product under these conditions, and obtaining
additional or clarifying information where uncertainty exists. No guarantee expressed or implied is
made as to the effects of such use , the results to be obtained, or the safety and toxicity of the _
fl product in any specific application. Furthermore, the information herein is not represented as
absolutely complete, since it is not practicable to provide at the scientific and study information in
t format of this document, plus additional information may be necessary under exceptional
conditions of use, or because of applicable laws or government regulations.
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• DIESEL FUELS
3541 Version #: 03 Revison date: 25 -June -2013 Print date: 25 -June -2013 13 / 13
Prepared by 3E Company
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1 ) i : 1 . O I L I S "13081311" PRINCE, \1 \\ O12 .1011\ COM FAUX
ROBERT 1:. "BOB" \1'ILLIAMSO \, MAYOR PRO T1S;\l a� ACTING Ci'1"Y MANAGER
COUNCIL MEMBLRS; City ,/ � ,_ S1ILRRI BLLL■RD
RAYMOND SCOT I, JR. f 4 3
• ELIZABETH CITY SECRETARY
I.IZ.ABE f0 "LW SLGI�LR /
MORRIS ALBRIGHT, [I1 ' '' VALECIA R. TIZENO
ROl3LR1 I ROY CITY ATTORNEY C rr t � r il �.trr
\V'il.t,lE ` °I3:Ah.' LL \VIS, JIL.
DERRICK FREEMAN
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1: LRRY "7'\VIN "'THOMAS g g� d1i4..
FEBRUARY 24, 2014
INVITATION TO BIT)
Ultra Low Sulfur Diesel Fuel
DEADLINE: Scaled Bid submittals must be received and time stamped by 3:00 p.ii1., Central
Standard Time, Wednesday, March 12, 2014. (Thc clock located in the City Secretary's office will
be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, March 12,
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2014 in the City Council Chambers, City Ball, 5 ° ' Floor, fort Arthur, `1X. You are invited to attend.
VIARK.ENVELOPE: Diesel
DELIVERY ADDRESS: Please submit one (1) original and one (I) copy 01 your bid to:
CITY OF PORT AR1 "E - IUR CITY OF PORT ARTI IUR
CITY SECRETARY or CITY SECRETARY
P.O. 130X 1089 444 4TH STREET, 41 Floor
PORT ARTHUR, TEXAS 77641 PORT ARTHUR; TEXAS 77640 •
POINTS OF CONTACT:
Questions concerning the Invitation to laid should be directed in writi.rr;; to:
City of Port Arthur, TX
Chfton Williams, Senior Purchasing Assistant
0.0. Box 1089
Port Arthur, TX 77641
cwi I liaumsta)portarthur.net •
Please submit questions or exceptions in \writing to the entail above. The final day for contractor
to submit is March 5, 2014 at 10:0(} a.m.
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Purchasing, Division /linana; De i- 011;nlI Pitrchasin M.; n;)ygs,51 3n1
A.O. Box 108914414 Sire 11 Poll Arthur, 1 c xr.,, 77611 1 409 83.8160 I Fox %109 981.8 291
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The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS,
CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed
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referenced services for the City of Port Arthur.
(aids 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 ITI3 submittal
arrives at the above location by specified deadline regardless of delivery method chosen by the firm.
Faxed or electronically transmitted ITI3 submittals will not be accepted.
Shawna Tubbs, CPPO, CPPB
• Purchasing Manager
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INVITATION TO 13I1)
ULTRA LOW SULFUR DIESEL FUEL
(To be Completed ONLY IF YOU DO NOT BID.)
FAILURF. TO RESPOND 1 BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY kEstm
IN REMOVAL FRO THE 'VENDOR'S UST. 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 13II) is submitted: this time only —_ not this commodity /service only
Yes No
Does your company provide this product or services?
Were the specifications clear? ----- -____i _ • __ —.I
Were the specifications too restrictive? _ -- --------
L 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: --
L — -- — -- -- — L -- —..._. -- — — —
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NI:le 3 of i
SPECIFICATIONS FOR
ULTRA LOW SULFUR DIESEL FUEL
All deliveries will be F. O. C3 City storage tank. Deliveries will h e by a haul: Transport Truck.
Bidders must bid a price differential above or below the average price of the PADD 3 Report published
• for Beaumont /Port Arthur, Texas, by the Oil Price information Service (OPTS). The price of fuel
delivered during the contract term will be determined by applying the differential bid to the PADD 3
average price in affect on the date of delivery. The PA DD 3 price in effect •will change each Monday _
to the price published the previous Thursday.
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• All delivered fuel shall he transferred to the City of Port Arthur owned tanks. Delivery trucks shall be
properly equipped with accurate measuring devices, vapor recovery systems, and spill pickup
equipment. City of Port Arthur personnel must verify this equipment upon completion of delivery. _
Deliveries shall he made on a net gallon basis, temperature corrected to 60° F. Vendors must be able to furnish certificates issued by the State of Texas that verify tank capacities for a given truck.
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Orders for deliveries will be made by the Transit and Utility Operations Departments in quantities of
• 8.000 gallons or less. Deliveries will be made within one (1) workday of the order to the locations lg
listed below: il
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• Department Location Estimated Annual Ctsa,,e }tours of Delivery _ .
Transit. 301 4 ' Street • 98,000 gallons .. 8:00 A. M. - 5:00 P. M. (M -F)
t. tility Operations 2901 Hwy. 365 2,000 gallons 7:00 A. M. - 2:00 P. M. (M -F)
The amounts specified are estimated based on past experience and the City is not obligated to purchase
these amounts.
• The City's mininium delivery time for - an emergency which is hurricaincs, natural dis�lsters, or other
declared emergencies will be eight (8) hours: Vendor shall provide an emergency plan to the City of a •
Port Arthur for delivery, including length of time after recei of order that vendor shall make delivery _
of fuel Vendors shall state other entities having a priority of delivery over the City of Port Arthur.
Quality Control: An original copy of the refinery manifest shall accompany all deliveries. The _
manifest must be identifiable as to the refiner or common carrier pipeline terminal. Deliveries from
any other source will be rejected. Any transport arriving without proper paperwork will not be
permitted to unload. The City of Port Arthur reserves the right to test fuels at any time for r
specification compliance. f he cost for such tests shall he paid by the seller in the event the product
fails to comply. Such failure will result in the prompt removal of failed products, using the vendor's
equipment, at no cost to the City of Port Arthur, within twenty -:Four (24) hours of notification.
Acceptable fuel shall immediatef •eplace unacceptable fuel based on the quality of questionable fuel
originally delivered to a given location at no charge For the entire shipment. Violation of specification
requirements may give the City of Port Arthur cause to cancel the contract and will be a consideration -
of future awards. =
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Fuel prices bid will exclude all taxes and loading fees.
The bidder must submit Material Safety Data Sheet(s) with bid.
Number 2 Low Sulfur Diesel Fuel shall meet or exceed the following specifications:
API Gravity 31.8
Cetane index 45
Flash point .158 F
Mercaptan sulfur 0 004%
Water and Sediment 0 0%
Pour point 10°F
Sulfur 0 14%
A0 fuel shall meat or exceed the performance criteria as established by new vehicles manufacturers or
the Society of Automotive Engineers or the American Society for Testing and Materials.
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The contract will be for 12 months and the city will have the option to renew the contract for one
(1) additional year.
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