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Contract 30353
CITY SECRETARY CONTRACT NO. PETROLEUM TRADERS CORPORATION 7110 Pointe Inverness Way CARRIER/CUSTOMER CARD AGREEMENT Fort Wayne, IN 46804 (260) 432-6622 This Agreement dated Friday, June 11, 2004 is by and between Petroleum Traders Corporation (hereinafter referred to as "PTC")and The City of Fort Worth,Fort Worth,TX,(hereinafter referred to as Carrier). Carrier does hereby agree to the following terms with regard to loading product on Petroleum Traders Corporation's account: 1. The Carrier and PTC enter into this agreement for the purchase of gasoline (product) as stated herein. The Carrier will be issued cards to be used for gaining access and drawing fuel from terminals as provided herein. 2. The Carrier will puil no product using these cards without having been directed to do so by Petroleum Traders Corporation. The Carrier is financially responsible for any product pulled using these cards if said pull is not directed by Petroleum Traders Corporation. In such an instance, Carrier will either arrange for correction of the error within two regular working City business days (48) hours or will pay to Petroleum Traders Corporation the price as bid in award of this contract plus $0.01 per gallon plus any applicable taxes as interpreted by Petroleum Traders Corporation. 3. The fuel type and payment terms will be as referenced in"Attachment A," "City of Fort Worth Bid Number 02-0250,"as bid and awarded to Petroleum Traders Corporation.Attachment"A"is hereby incorporated as part of this agreement. 4. The City of Fort Worth and any other Governmental Entities that fall into these guidelines, in accordance with IRS notice 88- 30, are exempt from paying a federal excise tax on diesel fuel. The City of Fort Worth and any other governmental entity will sign a certificate of exemption,to be maintained on file with PTC. 5. The Carrier will maintain insurance coverage as required by the terminal owner as stated above. Petroleum Traders Corporation shall be furnished Certificates Of Insurance evidencing Misdelivery of Product and Sudden and Accidental Pollution coverage, and listing Petroleum Traders Corporation as Additional Insured on the Pollution Legal Liability policy prior to carrier hauling any loads and prior to expiration of current certificates. Total coverage should equal an aggregate minimum of$5,000,000 as primary coverage. 6. The Carrier and Petroleum Traders Corporation are responsible for all acts of negligence on behalf of its employees, agents of subcontractors while on terminal property. 7. The Carrier and Petroleum Traders Corporation will be responsible for complying with all applicable laws, rules and regulations of federal and local governments. 8. Should the cards described herein be lost or stolen, it will be the responsibility of the Carrier to notify Petroleum Traders Corporation within a reasonable time via fax or Certified Mail and to verify receipt of said notification. If such notice is not delivered in a reasonable time to Petroleum Traders Corporation, Carrier shall remain responsible for any product pulled using these cards as described in point number one above. Carrier shall additionally be responsible for a $25 per card replacement fee. 9. This contract is offered to Petroleum Traders Corporation by the Carrier and is accepted in Fort Worth, Texas by Petroleum Traders Corporation. Any litigation arising out of or relating to this Agreement shall be commenced only in the courts in Tarrant County,Texas, State or Federal. Each party hereto expressly consents to such venue and jurisdiction. 10. Each party represents to the other that, before executing this Agreement, it has had adequate opportunity to consult with attorneys of its choice,to advise it as to the meaning and effect of the provisions of this Agreement. Initial Dale . Db Lq 014 1 Forth 1010-Carrie/Customer Card AlLmrnt Rt y 12/0210) 11. The following information and instruction is vital to the proper clearance of your company to perform any loading or distribution of petroleum products or any activity related thereto on behalf of Petroleum Traders Corporation. If you are already hauling for us or are under contract with one of Petroleum Traders Corporation's customers and are allowed access to our supply sources, you are also subject to the regulations and instructions contained herein. All information requested should be forwarded to the attention of Linda Ward at Petroleum Traders Corporation, 7110 Pointe Inverness Way, Fort Wayne,IN 46804. a. Carrier/Customer Card Agreement i. Form 1010, Carrier/Customer Card Agreement is to be signed and returned to Petroleum Traders Corporation prior to performing any loading or distribution of petroleum products or any activity related thereto on behalf of Petroleum Traders Corporation. Failure to respond to our request could result in the suspension or disabling of your loading cards or loading privileges on behalf of Petroleum Traders Corporation. b. Insurance Requirements i. The Carrier is self-insured for Generai Liability and Auto Liability. ii. The Carrier agrees to maintain Pollution Legal Liability Select (PLL-Select) coverage in the amounts of $5,000,000.00 per occurrence and$5,000,000.00 annual aggregate. iii. Petroleum Traders Corporation agrees to maintain Commercial General Liability coverage for bodily injury and property damage in the amount of$1,000,000 and listing the Carrier as an additional insured. iv. Petroleum Traders Corporation is required to meet the Carrier's general policy requirements as stated in Attachment B. c. Demurrage and/or Detention Policy i. Petroleum Traders Corporation's dispatch department must be notified of loading or unloading demurrage/detention at the time the demurrage/detention is being incurred. City will be prepared to provide the number of drivers in line and the number of loading racks. d. Sourcing Procedures i. PTC shall furnish a fueline site within a thirty-mile radius of the City of Fort Worth Texas, to load 7� the City's 4,000-2allon tankers. ii. Source outages —Petroleum Traders' Dispatch Department must be contacted immediately for an alternate source. Dispatch will provide the Carrier with a source change authorization number for this delivery. e. Other Procedures i. Bills of Lading must be faxed within 24 hours of accessing product. Please fax to the accounting department at 260-432-6564 or 260-436-5730. Bills of lading should show the delivery account name and delivery address or Petroleum Traders Corporation order number found on the delivery request faxed to your company. Initial Date 2 Form 1010-Carrier/Customer Card Agreement Rev 12/07103 ii. Federal Government Bills of Lading and Delivery Tickets (all deliveries to government accounts) for Petroleum Traders Corporation must state the temperature, specific gravity, net and gross gallons. If any of these items are not detailed on the bill of lading at the time of loading, the driver MUST go into the terminal to acquire this information and indicate all information on the delivery ticket and bill of lading. If these instructions are not followed and the customer consequently only pays gross gallons, you will be charged back the difference. f. Contact Names and Numbers i. Petroleum Traders dispatch can be reached 24 hours a day at 260-432-6622 X 337 or Option#1. ii. Staff members 1. Linda Ward Dispatch Manager 2. Dick Sherrill Dispatcher 3. Gabe Himes Night Dispatcher(Midnight—7 AM) 4. Jerry Thomas Dispatcher 5. John Conville Dispatcher 6. Josh Trudel Dispatcher 7. Lonnie Wilson Dispatcher 8. Rick Hauschild Dispatcher 9. Rebecca Valdez Dispatcher iii. Please provide Petroleum Traders Corporation with a listing of after-hour emergency telephone numbers. These are to be updated as required. iv. Contact Person for the City of Fort Worth will be Randy Rendon, CEM; Equipment Technical Specialist/Fuel Coordinator, or his designated representative at (817) 392-5112, (817) 392-5108 or fax (817)392-5119. g. Notices hereunder shall be sufficient if forwarded to the other party by verified facsimile, hand-delivery or via U.S. Postal Service certified mail,postage prepaid,to the address of the other party shown below: Linda Ward Randy Rendon,CEM 7110 Pointe Inverness Way 4100 Columbus Trail Drive Fort Wayne,IN 46804 Fort Worth,Texas Phone: (260)432-6622 ext. 360 Phone: (817)392-5112, Cell: (817)-994-6918 Fax: (260)432-3323 Fax(817)392-5119 h. PTC AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES. HARMLESS AGAINST ANY AND ALL CLAIMS, LA KSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) PTC'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii)ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF PTC,ITS OFFICERS, AGENTS, ASSOCIATES,EMPLOYEES, CONTRACTORS(OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO PROVIDING FUEL OR THE PERFORMANCE -OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED„ QR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE�E EGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH PTC AND CITY, RESPONSIBILITY, IFY, SHALL BE APPORTIONED COMPARATIVELYINACCORDANCE WITH THE LAWS OF THE STATE .TEXAS a ate i 3 Form 1010-Carrier/Custo Card Agreement Rev 11102103 i. This writing constitutes the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. j. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or nay part hereof without such prior written consent shall be void. k. PTC shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. Nothing herein shall be construed as creating a partnership or joint venture between the City and PTC, its officers, agents, employees and subcontractors, and doctrine of respondeat superior has no application as between the City and PTC. 1. The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by a any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained herein. Initial Date In agreement with the terms stated herein,I provide my signature Authorized Company Official Signature Author�iz d any Official Signature Printed Name -L Printed Name CI�x �` �D�'�' Vyc� Petroleum Tracicis Co oration Carrier 0 - 6- O�f rf, Date Date ATTESTED BY MnrL, we Contract Authoriz tion , 1 �- ',� .- 0 10 Date 4 Form 1010-Carrier/Customer Card Agreement Rev 12/02/03 A L DITP. DATE ) CERTIFICATE OF LIABILITY INSURANCE 06/25/2025/20 044 P:ObUCER Serial# 100267 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PETROLEUM MARKETERS INSURANCE AGENCY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE INDIANA OFFICE: 11703 CAMERON DRIVE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. FISHERS, IN 46038 (317)849-3875 FAX(317)845-4131 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: AMERICAN INTL SPECIALTY LINES INS CO. PETROLEUM TRADERS CORPORATION INSURER B: COMMERCE AND INDUSTRY INSURANCE CO 7110 POINTE INVERNESS WAY INSURER C: FT. WAYNE, IN 46804 tt/� INSURER D: I CD 1I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS' ADD• POLICY EFFECTIVE POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 To RNTD A X COMMERCIAL GENERAL LIABILITY EG8086049 6/1/04 6/1/05 PREM SES (Ea o curence $ 50,000 CLAIMS MADE � OCCUR MED EXP (Anyone person) $ 5,000 X CONTRACTUALINCL. PERSONAL&ADV L:JURY 5 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY X PRO- JECT LOC AUTOMOBILE LIABILITY CA5054632 6/1/04 6/1/05 COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO (Ea accident) X ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) X AUTO POLLUTION PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTOEA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EGU8086050 6/1/04 6/1/05 EACH OCCURRENCE $ 4,000,000 A X OCCUR 7CLAIMS MADE AGGREGATE $ 4,000,000 DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKER'S COMPENSATION AND TORY LIMITS OER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE 5 If yes,describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT Is OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS AUTO POLLUTION (TRANSPORTATION) INCLUDED PER ENDORSEMENT#74536 ATTACHED CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION _ DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN CITY OF FORT WOR f H NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL ATTN: RANDY RENDON, CEM, EQUIPMENT TECHNICAL&FUEL SPECIALIST IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 4100 COLUMBUS TRAIL ATIVES. FORT WORTH, TX AIL AA 177TATIJ FAX#817-392-5119 ACORD 25(2001/08) ©ACORD CORPORATION 1988 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY POLLUTION CONDITIONS RESULTING FROM TRANSPORTED CARGO ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY AND POLLL11-ION LEGAL LIABILITY COVERAGE FORM It is hereby agreed that the Policy is amended as follows: 1. The following coverage is added to SECTION 1, Coverage D, Insuring Agreements, Coverage D-2, paragraph b., subject to all the terms, conditions and exclusions of this Endorsement: POLLUTION CONDITIONS RESULTING FROM TRANSPORTED CARGO We will pay those sums that the insured becomes legally obligated to pay as loss because of claims in the coverage territory first made against the insured and reported to us in writing during the policy period, or during the extended reporting period if applicable, for bodily injury, property damage, or clean-up costs resulting from pollution conditions from transported cargo. A claim for bodily injury, property damage or clean-up costs by a person or organization will be deemed to have been made when notice of such claim is received and recorded by any insured. 2. In the event of a claim for bodily injury, property damage or clean-up costs resulting from a pollution condition from transported cargo of a product or waste during its transportation, the insured shall provide notice to us in accordance with Section. IV - CONDITIONS, paragraph 2.f. 3. The coverage provided by this Endorsement is subject to exclusions a, b, c, d, h, I, k, l and m in SECTION I, Coverage D., 2. Exclusions, and to the following exclusions: This insurance does not apply to claims or loss: 1. for property damage to any conveyance utilized during the transportation of a cargo. This exclusion does not apply to claims made by third-party carriers of the insured for such property damage arising from the insured's negligence. 2. arising from pollution conditions: a) which commences prior to the transportation of cargo; or b) which commences after cargo reaches its final destination, or while the cargo is in storage off-loaded from the conveyance which was transporting it PAGE 1 OF 2 74536 (11/99) CI0626 3. made by a third-party carrier, its agents or employees, for bodily injury, property damage or clean-up costs, whether not the bodily injury, property damage or clean-up costs were directly incurred by such third-party carrier. This exclusion does not apply to claims arising from the insured's negligence. 4. Unless otherwise provided in this Endorsement, the definitions in SECTION VI, applicable to Coverages D-1 and D-2 are applicable to the coverage provided by this Endorsement. For the purposes of the coverage provided by this Endorsement only, the following definitions are added to or amended in SECTION VI: Cargo means goods, products or wastes transported for delivery by a carrier properly licensed to transport such goods, products or wastes. Transportation means the movement of cargo by a carrier by a conveyance from the place where it is accepted by a carrier until it is moved: (1) to the place where the carrier finally delivers it, or (2) in the case of waste, to a waste disposal facility to which the carrier delivers it. Transportation includes the carrier's loading or unloading of cargo onto or from a conveyance. All other terms, conditions and exclusions shall remain the same. Nothing in this Endorsement shall be deemed or construed to increase the limits of insurance shown in the Declarations as applicable to "EACH LOSS" and the "GENERAL AGGREGATE". All other terms, conditions, and exclusions shall remain the e AUTHORIZED REPRESENTATIVE or countersignature (in states where applicable) PAGE 2 OF-2 74536 (11/99) C10626 14:02 JUN 28, 2004 ID: ACORDIA TEL NO: 260-432-2075 #246880 PAGE: 2/3 A CaRD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY) 25/04) 'ADDUCER 260-432-3400 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ACordla ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1 721 Magnavox Way HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 885 Fort Wayne, IN 46801-0885 INSURERS AFFORDING COVERAGE NSURED INSURER A: Hartford Insurance Petroleum Traders Corporation 71 10 Point Inverness Way INSURER B: Fort Wayne IN 46804 INSURER C. INSURER D: INSURER E: :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS MOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. d6R TWE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS .TR DATE MM/DD/YY DATE MM/DO/Y`/ GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ CLAIMS MADE 71 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY PRo- LOC ECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea acaden,) ALL OWNED AUTOS BODILY INJURY 3 SCHEDULED AUTOS per person) HIRED AUTOS BODILY INJURY 3 NON-OWNED AUTOS Per accidem) PROPERTY DAMAGE $ Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE S OCCUR ❑CLAIMS MADE AGGREGATE 3 3 DEDUCTIBLE 3 RETENTION 3 9 A WORKERS COMPENSATION AND 36WEQPA5955 6/01/04 6/01/05 X TORY LI4IITT5 .GER- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 500000 E L.DISEASE-EA EMPLOYEE $ 500000 El DISEASE-POLICY LIMIT $ 500000 OTHER )E6CRIPTION OF OPERATION&LOCATIONS/VEHICLES/EXCLUSION6 ADDED BY ENDORSEMENTISPECIAL PROVISIONS :ERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort Worth DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Attn: Randy Rendon, CEM NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LETT, BUT FAILURE TO DO SO SHALL 4100 Columbus Trail IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INJURER, ITS AGENTS OR Fort Worth, TX 76133 REPRE T1VES AUTH ]ZED P NIM92— -Now %CORD 25•S (7/97) 45- 59 PET7017 - 045969 O ACORD CORPORATION 1988 /,AV 's .77 11:50 JUN 28, 2004 ID: ACORDIA TEL N0: 260-432-2075 #246859 PAGE: 3/3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. %CORD 25-S (7/97) AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY 175 Water Street, Twelfth Roor New York, New York 10038 POLLUTION LEGAL LIABILITY SELECT° POLICY THIS IS A CLAIMS-MADE AND REPORTED POLICY. PLEASE READ CAREFULLY. DECLARATIONS POLICY NUMBER: PLS 1274326 Item 1. NAMED INSURED: CITY OF FORT WORTH - EQUIPMENT SERVICES DEPARTMENT ADDRESS: 4100 COLUMBUS TRAIL DRIVE FORT WORTH, TX 76133-7578 Item 2. POLICY PERIOD: FROM April 2B, 2004 TO April 28, 2005 12:01 AM Standard Time at the Address of the Named Insured shown above Item 3. COVERAGES AND COVERAGE SECTION LIMITS AND DEDUCTIBLES: This Policy includes only those Coverages as stated in Section I of the Policy for which deductibles and limits of liability appear below. If no deductible or limits of liability appears for a Coverage, that Coverage does not apply. Coverage Deductlble-Each Incident Each Incident Limit Coverage Section Aggregate Limit A B D E F O H l S25,000 $5,000,000 $5.000,000 /5321 (7/00) Page 1 of 2 C10980 NOTICE: THIS INSURER IS NOT LICENSED IN THE STATE OF NEW YORK AND IS NOT SUBJECT TO ITS SUPERVISION Copyright,American International Group,Inc.,2000 INSURED'S COPY Cc.verage Business Interruption (Days) limit Business Interruption ($) Limit J Item 4. POLICY AGGREGATE LIMIT: $5,000,000 Item 5. INSURED PROPERTY(S): NOT APPLICABLE Item 6. POLICY PREMIUM: $21,000.00 Premium for Certified Acts of Terrorism Coverage Under Terrorism Risk Insurance Act 2002: Not Applicable, Coverage Rejected By Insured $1,018.50 SURPLUS LINES TAX $21.00 STAMPING FEE Item 7. RETROACTIVE DATE: Under Coverages I, the Pollution Conditions must commence on or after the date shown below. Retroactive Date: NOT APPLICABLE (Enter date or "none" if no Retroactive Date Applies.) Item 8. CONTINUITY DATE: APRIL 28, 2004 AOKER: WILLIAM RIGG CO. 777 MAIN STREET STE C-50 FORT WORTH, TX 76102-5333 Southern Risk Specialists 8144 Walnut Hill Lane Dallas, Texas 75231 m By AUTHORIZED REPRESENTATIVE or countersignature (in states where applicable) May 11, 2004 75321 (7/00) Page 2 of 2 C10980 Copyright,American Intemational Group, Inc.,2000 INSURED'S COPY Attachment"A" FORT WORTH 61 OMGIML ADDENDUM PAGE 1 OF 2 INVITATION TO BID GASOLINE BID#03-0250 Date: 10-16-2003 Addendum: 101 Due Date: 10-30-2003 The purpose of this addendum is to incorporate the following changes into the purchase specification. I. PURCHASE SPECIFICATION The correct open date is October 30. 2003 by 1:30 PM CST **FILL IN YOUR BID WITH ALL FOUR (4) DIGITS AS FOLLOWS: $0. (Be careful to place numbers and zeros in correct order and position on the original"BID SOLICITA'rION PAGES") The correct prices from for last year's Gasoline agreement from the primary and secondary vendors is as follows: 1. Reformulated Premium Unleaded fuel delivered in (transport load/ 7500 gallon or more). Amount Paid. Last Contract: Primary Vendor is Minus $0.0090/Secondary Vendor is Minus $0.0050. 2. Reformulated Premium Unleaded fuel delivered in (short transport load/ 4000 gallon — 7499 gallon). Amount Paid. Last Contract: Primary Vendor is Minus $0.0050/Secondary Vendor is Minus $0.0020. 3. Reformulated Premium Unleaded fuel delivered in (tank wagon load 3999 gallons or less). Amount Paid. Last Contract: Primary Vendor is plus $0.0050/Secondary Vendor is plus $0.0140. 4. Reformulated Premium Unleaded fuel picked up in (tank wagon load 3999 gallons or less). Amount Paid, Last Contract: Primary Vendor is minus $0.0050/Secondary Vendor is plus $0.0100. 5. Reformulated Mid-Grade Unleaded fuel delivered in (transport load/ 7500 gallon or more). Amount Paid. Last Contract: Primary Vendor is Minus $0.0075/Secondary Vendor is Minus$0.0040. 6. Reformulated Mid-Grade Reformulated Premium Unleaded fuel delivered in (short transport load/ 4000 gallon — 7499 gallon). Amount Paid. Last Contract: Primary Vendor is Minus $0.0025/Secondary Vendor is plus$0.0040. 7. Reformulated Mid-Grade Unleaded fuel delivered in (tank wagon load 3999 gallons or less). Amount Paid. Last Contract: Primary Vendor is plus$0.0050/Secondary Vendor is plus$0.0140. S. Reformulated Mid-Grade Reformulated Premium Unleaded fuel picked up in (tank wagon load 3999 gallons or less). Amount Paid. Last Contract: Primary Vendor is minus $0.0050/Secondary Vendor is plus $0.0100. FORTWORTH CITY OF FORT WORTH / PURCHASING DIVISION INVITATION TO BID No. 03-0250 SEALED BID FOR: GASOLINE BID CLOSING DATE: OCTOBER 23. 2003 For more information contact:Kevin Karle,CTP,Senior Buyer,(817)871.8356. FAX(817)871.8440 karlek(a�ci.fort-worth.tx.us See this page,Solicitation Qa8e(s) & Pages 1 —18 INSTRUCTIONS TO BIDDERS: Bids are solicited for furnishing the merchandise, supplies, services and/or equipment set forth in this Bid Request. Completed bid requests must be received in the Purchasing Office by 1:30. 10(23/2003. and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Bids must be returned in a sealed envelope,addressed to the Purchasing Manager, City of Fort Worth and have the bid number,closing date,and company name clearly marked on outside envelope. Deliveries should be made to Purchasing Division: Mail To: City of Fort Worth, Purchasing Hand Delivery: Lower Level, Municipal Building 1000 Throckmorton Street 1000 Throckmorton Street Fort Worth,Texas 76102 Fort Worth,Texas 76102 'Bids to be delivered by special courier(i.e. Federal Express,Special Delivery etc.)are to be marked "BID MUST BE DELIVERED TO PURCHASING DIVISION BEFORE 1:30 P.M." in order to be considered, Late bids will be returned; they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. Bids may not be altered, amended or withdrawn after the official opening. The undersigned agrees, if the bid is accepted,to furnish any and all items upon which prices are offered, at the price(s)and upon the terms and conditions contained in the specifications.The period for acceptance of this bid will be 90 calendar days after the bid opening date unless the bidder submits a different date.( days). I have read and agreed with the attached Terms and Conditions, Instruction to Bidders and the Invitation to Bid requirements.Failure comolete the reauested information below may result in resection of your bid. Principal Place of Business(Defined as at least having one permanent active business office and employee located in Texas Company Name and Address Company's Authorized gent Petroleum Traders Corporation Micha impo, President 7110 Pointe Inverness Way Fort Wayne, IN 468CSignature: Federal ID Number(TIN)or 35-1462227 Name and Title(type a o Printed) Social Security Number and Legal Company Name Petroleum Traders Corporation Date October 28, 2003 Telephone Number 800-348-3705 x 318 Fax Number Email address: leumtraders.com Cooperative Purchasing: Should other Governmental Entities decide to participate in this contract, would you,the Vendor, agree that all terms,conditions,specifications, and pricing would apply? Yes x No If you, the Vendor checked yes, the following will apply: Governmental entities within Tarrant County utilizing Inter-Governmental Contracts with the City of Fort Worth will be eligible, but not obligated,to purchase material/services under this contract(s)awarded as a result of this solicitation. All purchases by Governmental Entities other than the city of Fort Worth will be billed directly to that Governmental Entity and paid by that Governmental Entity. The City of Fort Worth will not be responsible for another Governmental Entity's debts, Each Governmental Entity will order their own material/services as needed. Robert Combs Purchasing Manager ADDENDUM PAGE 2 OF 2 9. Reformulated Regular Unleaded fuel delivered in (transport load/7500 gallon or more). Amount Paid, Last Contract: Primary Vendor is Minus $0.0075/Secondary Vendor is Minus $0.0020. 10. Reformulated Regular Reformulated Premium Unleaded fuel delivered in (short transport load/ 4000 gallon — 7499 gallon). Amount Paid. Last Contract: Primary Vendor is Minus $0.0025/Secondary Vendor is olds $0,0050- 11. Reformulated Regular Reformulated Premium Unleaded fuel delivered in (tank wagon load 3999 gallons or less). Amount Paid. Last Contract: Primary Vendor is plus $0.0040/Secondary Vendor is plus $0.0190. 12. Reformulated Regular Reformulated Premium Unleaded fuel picked up in (tank wagon load 3999 gallons or less). Amount Paid. Last Contract: Primary Vendor is minus $0.0050/Secondary Vendor is plus $0,0100, 13. Charge (If any) for split load to different locations. YES__--NO_--__ Amount Paid. Last Contract: ProVendor is$15.00/Secondary Vendor is$15.00. 14. Charge (If any) for smaller than tank load. YES_ x __NO_—_-- Amount Paid, Last Contract: Primary Vendor is$25.00/Secondary Vendor is $25.00. II All other terms and conditions remain unchanged Yours Truly, Robert Combs, Purchasing Manager ACKNOWLEDGMENT By the signatures affixed below, Addendum No. 01 is hereby incorporated into and made part of the above referenced Invitation to Bid. Receipt Acknowledged By: Petroleum Traders_Corporation-� _ � October 28, 2003 Company Name Authori d i ature Date Michael Himes, President NOTE: Company name and signature must be the same as on the original bid. Return one (1) copy to the Purchasing Division, City of Fort Worth, Texas prior to submittal or with your sealed bid. FAILURE TO DO SO MAY CONSTITUTE GROUNDS FOR REJECTION OF YOUR OFFER. Page 1003 BID SOLICITATION Printed:10/13/2003 FORT WORTH City of Ft Worth 1000 7hrockmorton Street BID OPENING DATE AND TIME: Tax ID No.75-6000528 Fort Worth TX 76102 10/30/2003 1:30 PM BID NUMBER: 03-0250 BUYER: Karle,Kevin D PHONE#: (817)871 -8356 ext. DELIVERY REQUIRED: V S City of Ft Worth E H EQUIPMENT SERVICES DEPARTMENT N 1 4100 COLUMBUS TRAIL D Petroleum Traders Corporation P FORT WORTH TX 76133 O T JR1 1 10 Item Class-Item Quantity Unit Unit Price Total ..««.««««......«....«.«..«««..«...............«..««...«,...........,....,«..«,««; Prices on lines#2-#13 are based or indexed from Daily Net Average for Gasoline in Dallas Metro,TX from OPIS(Oil Price Information Service)sent at 10:00 AM EST on.Be careful to enter your quote in correct(-)or(+)fields below.Your(-)or(+)cents quote per gallon X estimated quantity=total at right for lines#2-#13. 2"0 405-15 16000.00 GAL 1.0212 16339.20 Premium Unleaded(delivered)in(transport load/7500 gal or more) sold @ OPIS list/time above&your(-)or(+)cents per gal below 0086 (-)$0._____per gal/or(+)$0 _ per gal X estimated qty= 3.0 405-15 12000.00 GAL 1.0262 12314.40 Premium Unleaded(delivered)in(short transport load/4000 gal-7499 gal)sold @ OPIS list/time above&your(-)or(+)cents per gal below (-)$0. 0036_per gal/or(+)$0._____per gal X estimated qty= 4.0 405-15 4000.00 GAL 1.0312 4,124.80 Premium Unleaded(delivered)in(tank wagon load 3999 gal.or less) sold @ OPIS list/time above&your(-)or(+)cents per gal below (-)so.--__per gal/or(+)$0._0014 per gal X estimated qty= 5.0 405-15 2000.00 GAL 1.0262 2052.40 Premium Unleaded(picked up)in(tank wagon load 3999 gal.or less) sold @ OPIS list/time above&your(-)or(+)cents per gal below (-)so.-0036 ____per gal/or(+)$0._ _per gal X estimated qty= 6.0 405-15 1000000.00 GAL .9634 963400.00 Mid-Grade Unleaded(delivered)in(transport loadl7500 gal or more) sold @ OPIS list/time above&your(-)or(+)cents per gal below 0099 (-)$0.___ per gal/or(+)$0. per gal X estimated qty= ment terms in the"Terms of Payment"section at the bottom left corner of this form and must be either"Net 30"or a lesser period with a discount for early payn WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST BE HELD FIRM FOR PERIOD OF 60 DAYS. TERMS OF PAYMENT: Net 30 days COMPANY: Petrole , Tr9ders Corporation DELIVERY: Within 24 hours after order SIGNATURE: TELEPHONE NUMBER: 800-348-3705 X 318 NAME AND TITLE: 1Cha Himes, President BID SOLICITATION PO/120of 3 Printed:10!13/2003 FORT WORTH City of Ft Worth 1000 Throckmorton Street BID OPENING DATE AND TIME: Tax ID No.75-6000528 10!30/2003 1:30 PM Fort Worth TX 76"102 BID NUMBER: 03-0250 BUYER: Karle, Kevin D PHONE#: (817)871 -8356 ext. DELIVERY REQUIRED: V S City of Ft Worth E H EQUIPMENT SERVICES DEPARTMENT N 1 4100 COLUMBUS TRAIL D Petroleum Traders Corporation P FORT WORTH TX 76133 O T JR1 0 Item I Class-Item Quantity Unit Unit Price Total 7.0 405-15 200000.00 GAL .9684 193,680 Mid-Grade Unleaded(delivered)in(short transport load/4000 gal- 7499 gal)sold @ OPIS list/time above&your(-)or(+)cents per gal belmA (-)$0.0049____per gal/or(+)$0. per gal X estimated qty= 8.0 405-15 12000.00 GAL .9734 11,680.80 Mid-Grade Unleaded(delivered)in(tank wagon load 3999 gal.or less) sold @ OPIS list/time above&your(-)or(+)cents per gal below (-)$0.____per gal/or(+)$0.0001_per gal X estimated qty= 9.0 405-15 2000.00 GAL .9684 1,936.80 Mid-Grade Unleaded(picked up)in(tank wagon load 3999 gal.or less)sold @ OPIS list/time above&your(-)or(+)cents per gal below (-)$0-0042 per gal/or(+)$0._ per gal X estimated qty= 10.0 405-15 1200000.00 GAL .9237 1,108,440.00 Regular Unleaded(delivered)in(transport loadf7500 gal or more)sold @ OPIS list/time above&your(-)or(+)cents per gal below 0082 (-)$0.___ per gal/or(+)$0.__ per gal X estimated qty= 11.0 405-15 400000.00 GAL .9287 371,480.00 Regular Unleaded(delivered)in(short transport load/4000 gal-7499 gal)sold @ OPIS lisUtime above&your()or(+)cents per gal below (-)$0_0032 per gal/or(+)$0. _per gal X estimated qty= 12.0 405-15 70000.00 GAL .9337 65,359.00 Regular Unleaded(delivered)in(tank wagon load 3999 gal.or less) sold @ OPIS list/time above&your(-)or(+)cents per gal below (-)$0. _ per gal/or(+)$0_0018_per gal X estimated qty= ment terms in the'Terms of Payment'section at the bottom left corner of this form and must be either"Net 30"or a lesser period with a discount for early payn WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST BE HELD FIRM FOR PERIOD OF 60 DAYS. TERMS OF PAYMENT: Net 30 days COMPANY: Petrolet ra ers Corporation DELIVERY: Within 24 hours after order SIGNATURE: TELEPHONE NUMBER: 800-348-3705 x 318 NAME AND TITLE: Mi Chn—1 Himes, President Page 3of3 BID SOLICITATION Printed:10/13/2003 FORT WORTH city of Ft worth - 1000 Throckmorton Street BID OPENING DATE AND TIME: Tax ID No.75-6000528 i Fort Worth Tx 76102 10/30/2003 1:30 PM BID NUMBER: 03-0250 BUYER: Karle, Kevin D PHONE#: (817)871 -8356 ext. DELIVERY REQUIRED: V S City of Ft Worth E H EQUIPMENT SERVICES DEPARTMENT N1 4100 COLUMBUS TRAIL Petroleum Traders Corporation D P FORT WORTH TX 76133 O T R O Item Class-Item Quantity Unit Unit Price Total 13.0 405-15 2000.00 GAL .9287 1857.40 Regular Unleaded(picked up)in(tank wagon load 3999 gal.or less) sold @ OPIS list/time above&your(-)or(+)cents per gal below (-)$0._0032 per gal/or(+)$0._ per gal X estimated qty= 14.0 405-15 2000.00 EA 25.00 50,000.00 Charge for split load to different locations.YES_X__NO__ 15.0 405-15 2000.00 EA 25.00 50,000.00 Charge for smaller than tank load.YES_X _NO____ TOTAL: 2,852,664.80 ment terms in the'Terms of Payment'section at the bottom left corner of this form and must be either"Net 30"or a lesser period with a discount for early payn WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST BE HELD FIRM FOR PERIOD OF 60 DAYS. TERMS OF PAYMENT: Net 30 days COMPANY: Petroleum ader-s Corporation DELIVERY: Within 24 hcnirs of dPl i ypLy SIGNATURE: TELEPHONE NUMBER: 800-348-3705 X 318 NAME AND TITLE: Michae Himes, President INTENT: To establish an intergovernmental agreement to supply the City of Fort Worth, Equipment Service Department and any other Governmental Entities within Dallas/Fort Worth Metropolitan area, an agreement to supply CATEGORY I: REFORMULATED (RFG) GASOLINE: PREMIUM, MID-GRADE and REGULAR approved by the State or any single type and/or combination thereof on an as needed basis. The City of Fort Worth, reserves the right to award on an all or none basis or category basis to a primary and secondary vendor.All quantities are estimates only. Quantities not guaranteed. This agreement may be renewed for 3 three successive one-year terms at the city's option. Renewal may be affected by notice in writing by the city manager or his designated representative to the contractor within 60 days of the expiration of the prior term and does not require specific city council approval. Provided that the city council has appropriated sufficient funds to satisfy the city's obligations during any renewal term. All other Governmental Entities will be responsible for their own approval of the agreement, any renewal terms and start up date, if they wish to participate in this agreement, according to their own laws, rules and regulations. The City of Fort Worth in cooperation with other Governmental Entities is trying to develop and encourage cooperative purchasing efforts among Governmental Entities located within Dallas/Fort Worth Metropolitan area; therefore it would be in the best interest to help the City of Fort Worth facilitate this cooperative effort. A NO ANSWER COULD RESULT IN COMPLETE REJECTION OF BID! YES X NO Should other Governmental Entities within Dallas/Fort Worth Metropolitan area decide to participate in this agreement, would you (the vendor) agree that all terms, conditions, specifications and pricing shall apply. YES X NO If you (the vendor) checked yes, the following will apply: Governmental Entities within Dallas/Fort Worth Metropolitan area utilizing intergovernmental agreements with the City of Fort Worth Will be eligible, but not obligated, to purchase gasoline under this agreement award as a result of this solicitation. All purchases by Governmental Entities other than the City of Fort Worth will be billed directly to that Governmental Entity and paid by that Governmental Entity. The City of Fort Worth will not be responsible for another Governmental Entities debts. Each Governmental Entity will place it's own orders for gasoline on an as needed basis. Secondary award: Would you (the vendor) be willing to accept a secondary award to provide fuel in the absence of the primary vendor? Absence shall be but no limited to shortages, curtailments, shipment not made in 24 hours from placement of order, nonperformance by vendor, inability to renew any option year, and etc. Prices would remain the same as those provided on the bid documents for the entire or remaining contract.And any renewal option exercised. The City of Fort Worth reserves the right to order from or award primary status to the secondary vendor in the absence of the primary vendor for any reason. Primary award will be to the vendor with the lowest responsive and responsible bid with a secondary award to the second lowest responsive and responsible bid. Both awards will be to the vendors that represent the "best value" to the city. YES X NO REFORMULATED PREMIUM. MID-GRADE & REGULAR GASOLINE GENERAL: It is anticipated that the reformulated, premium unleaded and mid grade gasoline to be furnished will fall within the broad specifications listed below. If the premium, mid grade and regular unleaded gasoline does not fall within these specifications, the variances shall be stated in your bid and the City of Fort Worth reserves the right to accept or reject the bid if the variances are considered excessive. FUEL SPECIFICATIONS: PHYSICAL DATA Boiling range @ 760 mm hg: 80-437 Fahrenheit PAGE 1 OF IS Melting point: n/a Reid vapor pressure: 6.81-7 Bulk density: 5.7-6.3 lbs/gal Specific gravity (h20=1): 0.68-0.76 @60 Fahrenheit API Gravity: 58.4-59.0 Vapor density: (air=1):-3.4 Evaporation rate: (BuAc=1) : n/a % Volayiles by volume: -100 Soluybility in h20 %wt.:trace PH:N/A RON: 90.7-98.4 Appearance and odor: colored liquid with pungent odor, odor threshold is 0.25 PPM and is not an index of exposure. Flashpoint:<-40 Fahrenheit (estimated) Autoignition temperature: n/a Flammable limits in air% by volume Upper: -8 varies slightly with Lower: -1 exact specifications Gasoline will not contain methanol, ethanol or tea The above specifications may vary slightly depending on the vendor and manufacturer of fuel. Any variance from the above specifications must be approved by the City of Fort Worth Purchasing Division. If quoting a product that varies, you must submit the specifications on the variance with this bid for evaluation. Any questions relating to this specification may be discussed with the Equipment Service Division Fuel Coordinator Randy Rendon at 817-871-5112,4100 Columbus Trail, Fort Worth, Texas 76133. It is the intent of the City of Fort Worth to buy a Premium, Mid-Grade and Regular Unleaded grade reformulated gasoline. The premium, mid-grade and regular unleaded grade reformulated gasoline furnished by the successful bidder shall be the same Premium, Mid-Grade and regular Unleaded grade reformulated gasoline offered through this company's regular retail outlet. It shall be the same octane number and shall contain the same additive package. ALLOCATION: In the event of a fuel shortage, the Supplier (vendor) must be capable of providing fuel to the City of Fort Worth and any other Governmental Entity purchasing fuel on this agreement with fuel. BIDDING PRICE: Bid discount shall exclude Federal and State tax, but include all delivery cost. Prices will be based/indexed from the daily net average for Gasoline in Dallas Metro, TX from OPIS (Oil Price Information Service) sent at 10:00 AM EST price, plus or minus your quote on the day of delivery. Vendor must include copy of price indexed used with bid. Vendor will be required to submit quote and their pricing on the original golden rod documents from the City of Fort Worth Purchasing Division. Bids will be accepted, evaluated and awarded based on the greatest percent discount off, or the lowest percent cost plus added to Prices will be based/indexed from the daily net average for Gasoline in Dallas Metro, TX from OPIS (Oil Price Information Service) sent at 10:00 AM EST price, meeting or exceeding City of Fort Worth specifications. GRADES/SHIPMENT SIZE/PRIOR CONTRACT PRICE OF FUEL: 1. Reformulated Premium Unleaded fuel delivered in (transport load/7500 gallon or more). Amount Paid, Last Contract: Primary Vendor is Minus $0.090/Secondary Vendor is Minus $0.050. 2. Reformulated Premium Unleaded fuel delivered in (short transport load/4000 gallon —7499 gallon). Amount Paid, Last Contract: Primary Vendor is Minus $0.050/Secondary Vendor is Minus $0.020. PAGE 2 OF 1S 3. Reformulated Premium Unleaded fuel delivered in (tank wagon load 3999 gallons or less). Amount Paid. Last Contract: Primary Vendor is nlus $0.050/Secondary Vendor is plus $0.014. 4. Reformulated Premium Unleaded fuel picked up in (tank wagon load 3999 gallons or less). Amount Paid, Last Contract: Primary Vendor is minus $0.050/Secondary Vendor is plus $0.010. 5. Reformulated Mid-Grade Unleaded fuel delivered in (transport load/ 7500 gallon or more). Amount Paid. Last Contract: Primary Vendor is Minus $0.075/Secondary Vendor is Minus$0.040. 6. Reformulated Mid-Grade Reformulated Premium Unleaded fuel delivered in (short transport load/ 4000 gallon —7499 gallon). Amount Paid, Last Contract: Primary Vendor is Minus $0.025/Secondary Vendor is plus $0.040. 7. Reformulated Mid-Grade Unleaded fuel delivered in (tank wagon load 3999 gallons or less). Amount Paid. Last Contract: Primary Vendor is plus $0.050/Secondary Vendor is plus $0.014. 8. Reformulated Mid-Grade Reformulated Premium Unleaded fuel picked up in (tank wagon load 3999 gallons or less). Amount Paid. Last Contract: Primary Vendor is minus $0.050/Secondary Vendor is Rlus $0.010. 9. Reformulated Regular Unleaded fuel delivered in (transport load/ 7500 gallon or more). Amount Paid. Last Contract: Primary Vendor is Minus $0.075/Secondary Vendor is Minus $0.020. 10. Reformulated Regular Reformulated Premium Unleaded fuel delivered in (short transport load/4000 gallon — 7499 gallon). Amount Paid, Last Contract: Primary Vendor is Minus $0.025/Secondary Vendor is plus $0.050. 11. Reformulated Regular Reformulated Premium Unleaded fuel delivered in (tank wagon load 3999 gallons or less). Amount Paid. Last Contract: Primary Vendor is plus $0.040/Secondary Vendor is plus$0.019. 12. Reformulated Regular Reformulated Premium Unleaded fuel picked up in (tank wagon load 3999 gallons or less). Amount Paid. Last Contract: Primary Vendor is minus $0.050/Secondary Vendor is plus $0.010. 13. Charge (If any) for split load to different locations. YES_x__NO______ Amount Paid. Last Contract: Primary Vendor is $15.00/Secondary Vendor is $15.00. 14. Charge (If any) for smaller than tank load. YES__X---NO_____ Amount Paid. Last Contract: Primary Vendor is $25.00/Secondary Vendor is $25.00. DELIVERY: Deliveries will be made to the various sites Monday through Sunday, according to the hours of operation for that site unless an emergency situation should develop. NOTE: Seller is not authorized to ship fuel under reservation and no tender of a bill of lading will operate as a tender automatic approval. Title and risk of loss of fuel shall not pass to the buyer until buyer actually receives and take possession of fuel at the point of delivery ADDITIONAL REQUIREMENT: Vendor shall agree to furnish a fueling site within a thirty- (30) mile radius of the City of Fort Worth Texas, to load The City's 4,000-gallon tankers. Bidder must attach the fueling address and hours of operation for fueling site; failure to attach such information will make the vendors bid non- responsive. TEST: Delivery of fuel under this contract is subject to test, to insure compliance with specifications. Tests shall be according to method by American Society of Testing Material, unless otherwise specified. When test analysis show fuel meeting specification, City of Fort Worth will pay for test. When test analysis show fuel does not meet specification, contractor will pay for test. In addition, contractor agrees to be liable for all charges necessary to satisfactorily bring contaminated tanks within limits, pump out fuel and replace as necessary. PAGE 3OF18 All motor fuels delivered under this agreement will be of high quality and will not contain any foreign substances or water, which may damage any Governmental Entities vehicle or contaminate the fuel storage tanks. The City of Fort Worth and other Governmental Entities reserves the right to add and/or delete delivery sites during the course of this agreement. This agreement requires that as legislation, both state and federal, governing the content or any other characteristics of the fuel will be modified that the providing vendor shall deliver product that complies with the modified legislation. All prices for this agreement will include the delivery cost to any designated area within Dallas/Fort Worth Metropolitan area. It is the responsibility of the vendor to deliver the product by owned and contracted means within 24 hours after receipt of order(ARO). ORDER PLACEMENT: Orders will be placed by telephone requesting specific delivery dates and sites. A requisition number will be issued at that time. Contact person for the City of Fort Worth will be Randy Rendon, Equipment Technical Specialist/Fuel Coordinator, or his designated representative, phone numbers will be provided to successful vendor. Other Governmental Entities will have their own designated representatives and methods of requesting delivery dates, sites and tracking of orders. The following information must be provided with your bid to be considered. Failure will make the bid non-responsive. HOUSE BILL 620 MUNICIPLE CONTRACTS: NON-RESIDENT BIDDERS: The law of the State of Texas 691h legislative regular sessions prohibits cities and non-resident bidders unless such bid is lower than the lowest bid by a Texas resident by the amount the Texas resident would be required to underbid in the non-resident bidders state. ADDITIONAL REQUIREMENT: Vendor shall agree to furnish a fueling site within a thirty- (30) mile radius of the City of Fort Worth Texas, to load The City's 4,000-gallon tankers. Bidder must attach the fueling address for the fueling site:failure to attach such information will make the vendors bid non-responsive. EXHIBIT A Delivery location, City of Fort Worth Equipment Services Division: LOCATION TANK SIZE HOURS OF OPERATION 1. Harley Service Center (-1-) 25,00 Gallon Unleaded, UST Monday through Thursday 3409 Harley Avenue 6:30a.m. To 11:00p.m. Fort Worth TX, 76107 Friday: 6:30a.m. To 1:00 p.m. (817)871-6771 2. Brennan Service Centers (-1-) 115,000 Gallon Unleaded, AST Monday through Friday 2500 Brennan Ave. " Easy access—Fuel must be pumped off " 7:00a.m. To 7:30p.m. Fort Worth, TX 76106 (817) 871-6786 3. Water Service Center (-2-) 10,000 Gallon Unleaded, UST Monday through Friday 2201 W. Daggett St. 7:00a.m. To 3:30a.m. Fort Worth TX, 76104 (817) 871-8302 PAGE 4 OF 18 4. Southside Service Center (-1-) 10,000 Gallon Unleaded, UST Monday through Friday 4100 Columbus Tr. 7:00a.m. To 3:30a.m. Fort Worth TX, 76133 (817) 871-5130 5. Southeast Service Center (-2-) 8,000 Gallon Unleaded, UST Tuesday through Friday 5000 M.L. King Frwy. " Easy access—Any Truck 7:00a.m.To 12:00 Noon Fort Worth TX, 76119 Saturday& Monday (817)478-1154 6:00a.m. To 3:00p.m. S. Downtown Service Center (-1-) 12,000 Gallon Unleaded, UST Monday through Friday 1013 Cherry Street (-1-) 6,000 Gallon Unleaded, UST 7:00a.m. To 3:30p.m. Fort Worth TX, 76102 " Easy access—Any Truck " (817) 871-6751 7. Ft W Convention Center (-1-) 10,000 Gallon Unleaded, UST Monday through Friday 1111 Houston Street 8:30a.m. To 3:30p.m Fort Worth TX, (817) 871-5112 8. Water Department, WWTP;(-2-) 2,000 Gallon Unleaded, UST Monday through Friday (Village Creek) 8:00a.m.to 4:30p.m. 4500 Wilma Ln. Fort Worth TX, 76102 (817) 277-7591 Other Governmental Entity locations, size of tanks and hours of operation will be given if request is made to be added to this agreement. All other Governmental Entities will provide their own addresses for payment of invoices. Example list of some but not limited to other government entities that may have or could use this agreement are City of Arlington, City of DeSoto, City of Duncanville, City of Grapevine, City of Keller, Tarrant County, Tarrant County College, Tarrant County River Authority, Grapevine-Colleyville School District CONTRACT PERSON: Randy Rendon/Tech Services/Fuel Division Phone# provided to successful vendor) Emergency after hours, contact: Randy Rendon (Phone No. provided to successful vendor) DELIVERY TICKET: A delivery ticket will be presented at the time of delivery. The invoice should reference: Delivery ticket number. City of Fort Worth purchase order number. Requisition number. Specific delivery dates Specifying delivery sites City Locations, numbers 1 through 7, and on additional sites 1-thru-30 of exhibit A will be Billed to: City of Fort Worth Equipment Service Division ATTENTION; Randy Rendon 4100 Columbus Trail Fort Worth,Texas 76133 All other Governmental Entities will provide their own addresses for payment of invoices. PAGE 5OF18 INVOICES: Invoice pricing shall include bid price and applicable taxes as a separate item. The only tax to be invoiced to City of Fort Worth is state tax and state loading tax. No other taxes will be charged to City of Fort Worth. "INVOICES MUST INCLUDE A COPY OF THE DAILY NET AVERAGE FOR GASOLINE IN DALLAS METRO, TX OPIS (OIL PRICE INFORMATION SERVICE) SENT AT 10:00 AM EST"for date of delivery". NOTE: It is the sole responsibility of the awarded vendor to maintain all licenses necessary to fulfill this agreement.Awarded vendor will hold City of Fort Worth harmless of any copyright infringements or penalties. PAYMENT TERMS: Payment terms will be net 30 days from receipt of invoice. A discount may be offered for payments made on or before 30 days from receipt of invoice. FEDERAL EXCISE TAX: The City of Fort Worth and any other Governmental Entities that fall into these guidelines, in accordance with IRS notice 88-30, is exempt from paying a federal excise tax on diesel fuel. The City of Fort Worth and any other Governmental Entity if applicable will sign a certificate of exemption, to be maintained on file with the successful bidder for the duration of the agreement. SPECIFICATION-COMMON CARRIER PIPELINE MOTOR FUEL: All motor fuels delivered under this agreement will be of high quality and will not contain any foreign substances or water,which may damage any Governmental Entities vehicle or contaminate the fuel storage tanks. The City of Fort Worth and other Governmental Entities reserves the right to add and/or delete delivery sites during the course of this agreement. All prices for agreement will include delivery cost to any designated area within Dallas/Fort Worth Metropolitan area. It is the responsibility of the vendor to deliver product by owned and contracted means within 24 hours after receipt of order(ARO). The Following Information Must Be Provided For Your Bid To Be Considered Failure Will Make The Bid Non-Responsive. In order to make this determination; please answer the following questions: Name, address and phone number of your principle place of business. ---------------------------------------------------- Name, address and phone number of principle place of your company's majority owner. ----------------------------------------------- The Following Information Must Be Provided For Your Bid To Be Considered Failure Will Make The Bid Non-Responsive. House bill 620 Municipal contracts: Non-resident bidders. The law of the state of Texas 69'h legislative regular sessions prohibits cities and non-resident bidders unless such bid is lower than the lowest bid by a Texas resident by the amount the Texas resident would be required to underbid in the non-resident bidders state. In order to make this determination; please answer the following questions: PAGE 6OF18 Name, address and phone number of your principle place of business. Petroleum Traders Corporation _-7110 Pointe Inverness Waw_----- ^- Fort Wayne, IN 46804 Name, address and phone number of principle place of your company's majority owner. same as above _ Name, address and phone number of principle place of business your company's ultimate parent company. N/A "_Wiz.----�- ---------------------- - If any of your answers to the above three (3) questions indicate a principle place of business other than within the State of Texas, the bidder will be required to provide a copy of all relevant laws applicable to non-resident" vendors. See: attached at end of is bid Failure to provide this informatio a .result in the resection of your bid. Signature/Title: Michael Himes, President Company Name: _ Petroleum- aders Corporation -----__ --^-^_- Company Address: --7110 Pointe_Inverness-Way Fort Wayne,_IN 46804 ---- - The successful vendor awarded the agreement will adjust for volume changes by temperature variations. The vendor shall use 60 degrees Fahrenheit as the normal temperature reading. :Delivery slips refecting gross gallons temperature and adjusted gallons must be available at the time of delivery. This agreement CAN be awarded on an all or none basis or category basis to a primary and secondary vendor. Primary award will be to the vendor with the lowest responsive and responsible bid with a secondary award to the second lowest responsive and responsible bid. Both awards will be to the vendors that represent the"best value"to the city. MSDS sheets must be supplied with bid, if MSDS sheets are not supplied with bid, the bid may be considered non-responsive. The su:cessful.bidder must agree to provide the City of Fort Worth and eadi participating Governmental Entity notification in writing of any changes from the manufacturer with full specifications of the substitute. The City of Fort Worth Equipment Service Division must approve any and all substitutions. The City of Fort Worth reserves the right to reject any and/or all bids and the right to have any additional terms and condition incorporated into this agreement provided an authorized modification to the contract has been deem necessary by the City of Fort Worth Purchasing Division. For any additional information, please contact Kevin Karle at (817) 871-8356 PAGE 7OF18 EXHIBIT A Fueling Sites1-thru-30 as stated on page 5 of 18 All additional sites have (250, 500, 550, 1000, and 2000) Gallon tanks: SITE LOCATION Meacham Airport 4201 N. Main St. Suite 200, 76106 Spinks Airport 13725 Stone Road, Burleson Tx 76028 Park& Rec. Rolling Hills 2525 Joe B. Rushing Blvd., 76119 Park& Rec. Meadow Brook, 1815 Jensen Rd., 76112 Park& Rec. Sycamore Creek, 401 MLK Frwy., 76104 Park& Rec. Pecan Valley, 6400 Pecan Valley Rd., 76126 Park& Rec. Rockwood, 1851 Jacksboro Hwy., 76114 Park& Rec. Greenbriar, 5201 James, 76133 Park& Rec. North District Serv. Cntr., 1700 Brennan, 76106 Park& Rec. South East District Cntr., 2300Ave H., 76105 Park&Rec. West Zone, 2901 Crestline Road, 76107 Village Creek 4500 Wilma Lane, 76102 Fire Station #7 7601 John T. White Road, 76112 Fire Station #10 3209 Hemphill, 76110 Fire Station#12 120 N. W. 22nd Street, 76106 Fire Station#14 2737 Meadowbrook, 76103 Fire Station#24 3101 Forest Ave., 76112 Fire Station#27 201 Holloway Ct., Hurst Tx, 76053 Fire Station#29 6400 Westcreek, 76133 Fire Station#30 4416 S.W. Blvd., 76116 Fire Station #31 4209 Longstraw, 76137 Fire Station #32 10201 White Settlement Road, 76108 Fire Station#33 14650 Statler Blvd., 76155 Fire Station#35 2251 Flight Line Rd. (Alliance Airport), 76177 Fire Station#36 5100 Columbus Trail, 76133 Fire Station #37 4701 E. Ray White Rd., 76052 Fire Station#39 7555 Oakmont Blvd., 76132 Will Rogers Public Events 3300 Harley Street, 76107 Police Administration 350 W. Belknap Street, 76102 Police Auto Pound 1301 E. Northside Drive, 76102 Other Governmental Entity locations, size of tanks and hours of operation will be given if request is made to be added to this agreement. All other Governmental Entities will provide their own addresses for payment of invoices. PAGE 8OF18 INSURANCE CLAUSE Insurance coverage's required herein are intended to respond to occurrences which may arise from services and or goods related to this bid solicitation. Statutory worker's compensation insurance and employer's liability insurance at the following limits: $100,000.00 each accident. $500,000.00 disease-policy limit. $100,000.00 disease -each employee. Commercial General liability insurance shall be provided as follows: $500,000.00 each occurrence. $1,000,000.00 annual aggregate. Auto liability insurance shall be provided as follows: $250,000.00 bodily injury per person each accident. $500,000.00 bodily injury each accident. $100,000.00 property damage, or $500,000.00 combined single limit each accident. The vendor shall furnish the City of Fort Worth Purchasing Manager, with a certificate of insurance documenting the required insurance prior to the commencement of services. Policies shall be endorsed to provide the City of Fort Worth, with a thirty (30) day notice of cancellation, material change in coverage, or non-renewal of coverage. Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured, as its interests may appear(ATIMA). ADDITIONAL INSURANCE REQUIREMENTS: The City, its officers, employees and servants shall be endorsed as an additional insured on Vendor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. Certificates of insurance shall be delivered to the Purchasing Department of the City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to a purchase order being issued. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non- renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. PAGE 9 OF 18 Workers' compensation insurance policy(s) covering employees of the Vendor shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. City shall not be responsible for the direct payment of insurance premium costs for Vendor's insurance. Vendor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. While purchase order is in effect, Contractor shall report, in a timely manner, to the Purchasing Department any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. Vendor's liability shall not be limited to the specified amounts of insurance required herein. Upon the request of City, Vendor shall provide complete copies of all insurance policies required by these contract documents. FAX & FOLLOWED BY MAIL, CERTIFICATION TO: _(MUST keep throughout the entire agreement) City of Fort Worth Purchasing Division 1000 Throckmorton St Fort Worth TX 76102 FAX (817) 871-8440 rrfrff iiiffrlfffiff i+iffff•frrrf ffffffffffff+rrrfffftf fffffffr•rrrffff+fffffffrrff•f♦fflf if fff+rfffff♦♦frfffff Enter your bid/auote on each line within the Bid Solicitation Page ner the following formula/method for correct evaluation to be made: "(EXAMPLE BELOW)" Line #1. Premium Unleaded fuel "delivered" in (transport load/ 7500 gallon or more) will be sold based/indexed from the daily net average for Gasoline in Dallas Metro,TX from OPIS sent at 10:00 AM EST price at: Minus - 0.000 cents per gallon or plus + $0.000 cents per gallon X the number of estimated gallons listed on the left to find the total quote to be entered at the right side of the Bid Solicitation Page in Total Field/Line. rffffififfrfrfff+ffffff•rffrff ffflfffff ifrfrfffffiff ff ff rf rffrrffflfffff fffrrffffffrrffffffrfffrffffrrrfffffff I HAVE READ AND UNDERSTAND ALL CONDITIONS LISTED IN THIS SPECIFICATION Petroleum Traders rporation ------- -------- --- ------------------------------------------------ TYPED COMPANY NA Michael Himes, President_ _ AUTHORIZED COM ANY AFFRESENTATIVE SIGNATURE — PAGE 10 OF 18 CITY OF FORT WORTH 1 PURCHASING DIVISION INSTRUCTION TO BIDDERS 1.SOLICITATION A. Review of Documents: Bidders are expected to examine all documents of Solicitation. Bidders shall promptly notify the City of omission, ambiguity, inconsistency or errors that may be discovered upon examination of Solicitation. Bidders must use complete Solicitation to prepare Bids. The City assumes no responsibility for errors or misrepresentations that result from use of incomplete Solicitations. B. Location of Documents: Solicitations are issued by the Purchasing Division. The location and phone number for the Purchasing Division are specified in the advertisement and in the Solicitation. 2.EXPLANATIONS OR CLARIFICATIONS Any explanation, clarification,or interpretation desired by Bidder regarding any part of the Solicitation must be requested in writing from Purchasing Office with sufficient time allowed for a written addendum to reach each Bidder before submission of their Bid. Interpretations, corrections, or changes to Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations,corrections or changes.Oral explanations or instructions given before award of Contract are not binding. Requests for explanations or clarifications may be faxed to the City at(817) 871-8440. Fax must clearly identify the buyer's name and solicitation number.Any material information given to one Bidder concerning a Solicitation will be furnished as Addendum to all Bidders who have been issued a Solicitation. 3.PRE-BID CONFERENCE If a pre-bid conference is held, the time, place, and nature of the conference will be specified on the cover page of the solicitation. Attendance at pre-bid conferences is not mandatory. 4.PREPARATION OF BIDS Each Bidder must furnish information required by Solicitation on documents provided. Bids submitted on other than forms included in Solicitation shall be considered non-responsive.Attempt to alter wording in Solicitation is ineffective and will result in rejection of the Bid. A. Taxes: Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Office. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. B. Brand Name or Equal: If Solicitation indicates brand name or"equal" products are acceptable, Bidder may Bid an "equal"product but must be prepared to demonstrate features that render it equal.Final determination of a product as an"equal"remains with the City. C. Delivery Time: Delivery time, if stated as a number of days, will be based on calendar days. Time is of the essence in any City purchase.If the indicated date cannot be met or the date is not indicated,the Bidder shall state its best delivery time. D. Free on Board (FOB)Point: Bidder should quote its lowest/best price, with goods delivered to place specified, at Bidder's expense and risk,and there tender delivery to the City. Bids offering other delivery proposal are not acceptable and may be cause for rejection. E. Prices: Bids shall be firm unless otherwise specified. Pricing shall be entered on the Bid Sheet in ink,Totals shall be entered in the "Total Price"column of the Bid Sheet. In the event of a discrepancy between unit price and extended price,the unit price shall govem. F. Signature: The Bidder must sign each document in the Solicitation requiring a signature. Any change made to the Bid must be initialed by the Bidder. G. Bid Security: If required in the bid specifications: NOT REQUIRED WITH THIS BID. Cashier's check or an acceptable surety bond in the amount indicated in the Notice to Bidders{or in the amount of 5%of the total of the bid submitted)must be submitted at the time the bid is submitted,and is subject to forfeiture in the event the successful bidder fails to execute the contract documents within 10 calendar days after the contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current Department of the Treasury's Listing of Approved Sureties (Department Circular 570), or (2) the surety must have capital and surplus equal 10 times the amount of the bond. The surety must be licensed to do business in the state of Texas. PAGE 11 OF 18 H.Altemate Bids: Bidders may offer an"equal"product as an alternate bid.Final"approved equal"determination remains with the city. J.Proprietary Information: i.All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. ii. If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will,to the extent allowed by law, endeavor to protect such information from disclosure.The final decision as to what information must be disclosed,however,lies with the Texas Attorney General. iii. Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. K. Bid Preparation Costs:All costs associated with preparing a Bid in response to a Solicitation shall be bome by the Bidder. L.Payment:All payment terms shall be"Net 30 Days"unless specified in the bid document. 5.SUBMISSION OF BIDS Unless otherwise specified, Bidders are required to submit an executed original and one(1)copy of the Bid. A.Documents required with Bid:The following documents must be submitted with each Bid prior to the Due Date: (i)the signed Offer and Award Sheet;(ii)the Bid Sheet;(iv)the MBEIWBE Compliance Plan, if applicable; and (v)any other document included in the Solicitation requiring completion or execution by the Bidder All other pages in the Solicitation should be retained by the Bidder. C. Addendum: Receipt of an Addendum must be acknowledged by signing and returning the Addendum with the Bid if requested or under separate cover prior to the Due Date.The Addendums containing bid pricing should be returned in a sealed envelope marked on the outside with the Bidder's name,address,the Solicitation number,and the Due Date and time. D.Late Bids: Bids must be received in the Purchasing Office prior to the Due Date.All Bids received after the Due Date are considered late and will be returned to the Bidder unopened.The time stamp clock on the receptionist's desk in the Purchasing Office is the time of record. It is the sole responsibility of the Bidder to ensure timely delivery of the Bid.The City will not be responsible for failure of service on the part of the U.S.Postal Office,courier companies,or any other form of delivery service chosen by the Bidder. 6.MODIFICATION OR WITHDRAWAL OF BIDS A. Modification of Bids:Bids may be modified in writing at any time prior to the Due Date. B. Withdrawal of Bids: Bids may be withdrawn in writing, telegraphically, or by facsimile (provided that the facsimile is signed by the Bidder) at any time prior to the Due Date.A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the Due Date.A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after the Due Date without forfeiture of the Bid guarantee, unless there is a material error in the Bid. Withdrawn Bids may be resubmitted, with or without modifications, up to the Due Date.The city may require proof of agency from person withdrawing bid. 7.OPENING OF BIDS The Purchasing Office representative responsible for opening Bids shall confirm the time and announce the Bid opening. The representative shall then personally and publicly open all Bids timely received,reading each Bid aloud. 8.EVALUATION FACTORS AND AWARD A. Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless otherwise specified). However,the City may evaluate and award the Contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the City.Bids that specify an"all or none"award may be considered if a single award is advantageous. PAGE 12 OF 18 *B. Award :The city will award contracts to the bidder that represents the "best value" to the city , price and other factors considered. In determining the"best value" , the following criteria will be considered as amended in section 252.043 of the Texas Local Government Code. 1. Purchase Price; 2. Reputation of the bidder and of the bidder's goods/services; 3. Quality of the bidder's goods or services. 4. Extent to which the goods or services meet the municipality's needs; 5. Bidder's past relationship with the municipality; 6. Impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and non-profit organizations employing persons with disabilities. 7. Total long-term cost to the municipality to acquire the bidder's goods or services;and 8. Any relevant criteria specifically listed in the request for bids or proposals. Total long-term cost may include specification conformance, delivery requirements,the life expectancy, cost of maintenance and operation, operating efficiency, training requirements, disposal value, warranties and other factors contributing to the overall acquisition cost of the product/services. C. Acceptance of Bid: Acceptance of a Bid will be in the form of a Purchase Order. Acceptance of a Bid for a supply or service agreement will be by Contract.Subsequent purchase releases may be issued as appropriate.The contents of a Bid shall become a part of the Contract.Under no circumstances will the City be responsible for Goods or Services provided without an acceptance signed by an Authorized City Representative. *D.Reservations:The City expressly reserves the right to: 1.specify approximate quantities in the Solicitation; 2.extend the Solicitation opening date and time; 3.consider and accept alternate Bids,if specified in the Solicitation,when most advantageous to the City; 4.waive as an informality,minor deviations from specifications provided they do not affect competition or result in functionally unacceptable Goods or Services; 5.waive any minor informality in any Bid or Solicitation procedure(a minor informality is one that does not affect the competitiveness of the Bidder); 6.add additional terms or modify existing terms in the Solicitation; 7. reject a bid because of unbalanced unit bid prices; 8.reject or cancel any or all Bids; 9. reissue a Solicitation;and/or 10,procure any item by other means. POST BID DOCUMENTS REQUIRED FROM SUCCESSFUL BIDDER A. Letters of Intent: When a MBE/WBE Compliance Plan is required, the successful Bidder must submit to the Contract Awarding Authority the Letters of Intent to subcontract required by the Compliance Plan within five (5)business days after notification. Failure to submit the required letters may be grounds for rejection of the Bid. B.Certificates of Insurance:When insurance is required,the Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Solicitation. C.Payment and/or Performance Bonds:When Payment and/or Performance Bonds are required,the Bidder must provide the bonds, in the amounts and on the conditions required, within 14 calendar days after notification of award, or as otherwise required by the Solicitation. CONTRACT EXTENSIONS: Awarded contracts can be extended from one (1)to one hundred and eighty(180) days beyond the original expiration date if deemed necessary by the City with mutual consent of both parties per the same prices,terms and conditions of the original contract. PAGE 13 OF 18 CITY OF FORT WORTH,TEXAS I PURCHASING DIVISION STANDARD PURCHASE TERMS AND CONDITIONS 1. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS - No officer or employee of city shall have a financial interest, direct or indirect, in any contract with city or be financially interested, directly or indirectly, in the sale to city of any land, materials, supplies or services, except on behalf of City as an officer or employee.Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position.Any violation of this section with the knowledge,expressed or implied,of the person or corporation contracting with the City Council shall render the contract involved by the City Manager or the City Council.(Chapter XXVII, Section 16,City of Fort Worth Charter) 2.SELLER TO PACKAGE GOODS-Seller will package goods in accordance with good commercial practice.Each shipping container, shall be clearly and permanently marked as follows: (a)Seller's name and address: (b)Consignee's name,address and purchase order or purchase change order number; (c)Container number and total number of container, e.g., box 1 of 4 boxes; and(d) Number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 3.SHIPMENT UNDER RESERVATION PROHIBITED-Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. 4.TITLE AND RISK OF LOSS- The title and risk of loss of the goods shall not pass to buyer until buyer actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 5. DELIVERY TERMS AND TRANSPORTATION CHARGES - F.O.B. Destination and Freight Prepaid unless delivery terms are specified otherwise in Seller's bid; buyer agrees to reimburse Seller for transportation costs in the amount specified in Seller's bid or actual costs,whichever is lower, if the quoted delivery terms do not include transportation costs, provided Buyer shall have the right to designate what method of transportation shall be used to ship the goods. 6. PLACE OF DELIVERY - The place of delivery shall be the set forth in the block of the purchase order or purchase change order entitled"Ship to". 7. RIGHT OF INSPECTION - Buyer shall have the right to inspect the goods upon deliver before accepting them. Seller shall be responsible for all charges for the return to Seller of any goods rejected as being nonconforming under the specifications. 8. INVOICES — (a) Seller shall submit separate invoices in duplicate, on each purchase order or purchase change order after each deliver. Invoices shall indicate purchase order or purchase change order number. Invoices shall be itemized and transportation charges, if any,shall be listed separately.A copy of bill of lading and freight waybill, when applicable, should be attached to invoice. Mail to: City of Forth Worth, Department and address as set forth in the block of the purchase order or purchase change order entitled "Ship to". Payment shall not be made until above instruments have been submitted after delivery and acceptance of goods. (b) Do not include Federal Excise,State or City Sales Tax,The City shall furnish tax exemption certificate. 9.WARRANTY- PRICE(a)The price to be paid by Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current prices on orders by others for products of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to Seller's current prices on orders by others, or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract without liability to Seller for breach or for Seller's actual expense. (b) Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee, excepting bona fide employees of bona fide established commercial or selling agency is maintained by Seller for the purpose of securing business. For breach or violation of this warranty, Buyer shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage,brokerage or contingent fee,or otherwise to recover the full amount thereof. 10. PRODUCT WARRANTY- Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract voidable at the option of Buyer. Seller's warrants that the goods furnished will conform to Buyers specifications,drawings, and descriptions listed in the bid invitation, and the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's specifications,drawings and descriptions, Buyer's specifications shall govern. PAGE 14 OF 18 11.SAFETY WARRANTY- Seller warrants that product sold to Buyer shall conform to standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as amended in the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at Seller's expense. In the event Seller fails to make appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense.Where no correction is or can be made Seller shall refund all monies received for such goods with thirty (30) days after request is made therefore and confirmed in writing:failure to do so shall constitute breach and cause this contract to terminate immediately. 12. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS OF PATENTS, COPYRIGHTS OR TRADE SECRETS-As part of this contract for sale, Seller agrees to ascertain whether goods manufactured in accordance with Buyer's specifications attached to Buyer's invitation to bid will give rise to the rightful claim of any third person by way of infringement or the like buyer makes no warranty that the production of goods according to buyer's specification will not give rise to such a claim and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement or the like,if Seller is of the opinion that an infringement or the like will result, he will notify Buyer to this effect in writing within two(2)weeks after the award of this bid, if Buyer does not receive notice and is subsequently held liable for infringement of the like, Seller will indemnify for all full dollar amount thereof. If Seller in good faith ascertains with two(2)weeks after the award of this bid that production of the goods in accordance with Buyer's specification will results in infringement or the like this contract shall be null and void except that Buyer will pay Seller the reasonable cost of his search as to infringement. 13.PROPRIETARY RIGHTS INDEMNIFICATION-Seller warranty that the goods do not infringement upon or violate any United States patent,copyright, or trade secret. Seller will defend at it's expense any action against Buyer or Buyer as licensee to the extent that it is based on a claim that goods used within the scope of the license hereunder infringe a United States patent, copyright or trade secret, and Seller will pay any costs and damages finally awarded against Buyer or Buyer as Licensee in such action which are attributable to such claim. Should the products become,or in seller's opinion be likely to become,the subject of any claim of infringement.Seller shall procure for Buyer or Buyer as Licensee the right to continue using the goods, replace or modify them to make them non-infringing, or discontinue the license of them. 14. CANCELLATION - Buyer shall have the right to cancel this contract immediately for default on all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof,including warranties of seller,or if seller files for bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies that Buyer may have in law or equity. 15.TERMINATION - Performance of work under this order may be terminated in whole of in part by Buyer, with/without cause, at any time upon delivery to Seller of written"Termination Notice"specifying extent to which performance of work under the order is terminated and date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of rights of Buyer as set forth in clause 14,herein. 16.ASSIGNMENT-DELEGATION -No right,interest or obligation of Seller under this contract shall be assigned or delegated without the written agreement of Buyer. Any attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 17.WAIVER- No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration is in writing and is signed by the aggrieved party. 18.MODIFICATIONS—This contract can be modified or rescinded only by a written agreement signed by both parties. 19. INTERPRETATION AND PAROL EVIDENCE-This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in this agreement.Acceptance of or acquiescence in a course of performance under this agreement shall not be relevant to determine the meaning of this agreement even thought the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this agreement,the definition contained in the Code shall control. 20.APPLICABLE LAW-This agreement shall be governed by the Uniform Commercial Code.Wherever the term"Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted and amended in the State of Texas. Both parties agree that venue for any litigation arising from this contract shall be exclusively in Fort Worth, Tarrant County, Texas. This contract shall be governed construed and enforced by the laws of the State of Texas. PAGE 15 OF 18 21. INDEPENDENT CONTRACTOR-Seller shall operate hereunder as an independent contractor and not as an officer, agent,servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control, the details of its operations hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and sub-contractors. The doctrine of respondent superior shall not apply as between Buyer and Seller, its officers, agents, employees, contractors and subcontractors. Nothing herein shall be construed as creating a partner ship or joint enterprise between Buyer and Seller,its officers,agents,employees,contractors and subcontractors. 22. INDEMNIFICATION-Seller covenants and agrees to,and does hereby,indemnify and hold harmless and defend Buyer,its officers and employees,from and against any and all suits or claims for damages or injuries,including death,to any and all persons or property, whether real or asserted, arising out of or in connection with any negligent act or omission on the part of the seller, its officers, agents, servants, employees or subcontractors, and Seller does hereby assume all liability and responsibility for injuries, claims or suits for damages to persons or property, of whatsoever kind or character, whether real or asserted, occurring during or arising out of the performance of this contract as a result of any negligent act or omission on the part of the Seller, its officers, agents, servants, employees or subcontractors. 23.SEVERABILITY- In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal or unenforceable in any respect,such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, which agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, 24. FISCAL FUNDING LIMITATION - In the event no funds or insufficient funds are appropriated and budgeted or are otherwise available by any means whatsoever in any fiscal period for payments due under this contract,then Buyer will immediately notify Seller of such occurrence and this contract shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to Buyer of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. 25. NOTICES TO PARTIES - Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to have been delivered at the time same is deposited in the United States mail,in a sealed envelope with sufficient postage attached, addressed to Purchasing Manager, City of Forth Worth, P.O. Box 17027 Fort Worth, Texas 76102, and notice to Seller shall be conclusively determined to have been delivered at the time same is deposited in the United States mail, in a sealed envelope with sufficient postage attached,addressed to the address given by Seller in its response to Buyer's invitation to bid. 26.DEFINITION OF BUYER-The City of Fort Worth, its officers, agents,servants,employees,contractors and subcontractors who act on behalf of various City departments,bodies or agencies. 27. NON DISCRIMINATION - This contract is made and entered into with reference specifically to Chapter 17, Article III, Division 3 ("Employment Practices"),of the City Code of the City of Fort Worth(1986),as amended,and Seller hereby covenants and agrees that Seller, its employees, officers, agents, contractors or subcontractors, have fully complied with all provisions of same and that no employee, participant, applicant,contractor or subcontractor has been discriminated against according to the terms of such Ordinance by Seller,its employees,officers,agents,contractor or subcontractors herein. 28.RIGHT TO AUDIT-Vendor agrees that the City shall, until the expiration of three(3)years after final payment under this Purchase Order, have access to and the right to examine any directly pertinent books, documents, papers and records of the Vendor involving transactions relating to this Purchase Order. Vendor agrees that the City shall have access, during normal working hours, to all necessary Vendor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with t he provisions of this section.The City shall give Vendor reasonable advance notice of intended audits. 29.DISABILITY-In accordance with the provisions of the Americans With Disabilities Act of 1990(ADA),contractor/Seller warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor/Seller or any of its subcontractors. Contractor/Seller warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractors/Seller's and/or its subcontractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. PAGE 16 OF 18 STATEMENT OF RESIDENCY The following information is required by the City of Fort Worth in order to comply with provisions of state law, TEXAS GOVERNMENT CODE § 2252.001, State or Political Subdivision Contracts for Construction, Supplies, Services; Bids by Nonresident. Every bidder shall affirmatively state its principal place of business in its response to a bid invitation. Failure to provide the required information shall result in your bid being declared non-responsive. Bidders' cooperation in this regard will avoid costly time delays in the award of bids by the City of Fort Worth. For this reason, each bidder is encouraged to complete and return in duplicate,with its bid, the Statement of Residency Form, but in any event the low bidder shall submit this information within five (5) business days after the date of receipt of notification of apparent low bidder status from the Purchasing Division of the Finance Department. Failure to provide all required information within this designated period shall result in the apparent low bidder being considered non-responsive, and the second low bidder being considered for award. TEXAS GOVERNMENT CODE § 2252.001 defines a Texas "resident bidder" as a bidder whose principal place of business*is in the state of Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in the state of Texas. TEXAS GOVERNMENT CODE§2252.001 defines a"Nonresident bidder" as a bidder whose parent company or majority owner does not have its principal place of business*in the state of Texas. Bidder's complete company name: Petroleum Traders Corporation State your business address in the space provided below if you are a Texas Resident bidder: State your business address in the space provided below if you are a Nonresident bidder: 7110 Pointe Inverness Way Fort Wayne, IN 46804 *The State Purchasing and General Services Commission defines Principal Place of Business as follows: Principal Place of Business in Texas means, for any type of business entity recognized in the State of Texas, that the business entity: U Has at least one permanent office located within the State of Texas, from which business activities other than submitting bids to governmental agencies are conducted and from which the bid is submitted, and Has at least one employee who works in the Texas office Form prepared by: Michael Himes President (Name) (Title) Date: October 28, 2003 PAGE 17 OF 18 NO BID SHEET FOR GASOLINE BID INVITATION NO:#03-0250 If your firm has chosen not to submit a bid for this procurement, please complete this form and submit to: City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth,Texas 76102 Please check the items that apply: Do not sell the item(s)required. Cannot be competitive. Cannot meet the Specifications highlighted in the attached Bid. Cannot provide Insurance required. Cannot provide Bonding required. Cannot comply with Indemnification requirements. Job too large. Job too small. Do not wish to do business with the City. Other reason. Company Name: Authorized Officer or Agent Signature: Telephone: ( ) FAX Number: ( ) PAGE 18 OF 18 - 7.--3:--, f' --3- C r1r1 7C IC 5.22-15-20 Sec. 20. (a) This section does not apply to the state lottery commission created by IC 4-30-3-1.. (b) As used in this section, "out-of-state business" refers to a business that is not an Indiana business. (c) A governmental body may adopt rules to give a preference to an Indiana business that submits an offer for a purchase under this article if all of the following apply: (1) An out-of-state business submits an offer for the purchase. (2) The out-of-state business is a business from a state that gives purchase preferences unfavorable to Indiana businesses. (d)Rules adopted under subsection (c) must establish criteria for determining the following: (1) Whether an offeror qualifies as an Indiana business under the rules. (2) When another state's preference is unfavorable to Indiana businesses. (3)The method by which the preference for Indiana businesses is to be computed. (e) Rules adopted under subsection (c) may not give a preference to an Indiana business that is more favorable to the Indiana business than the other state's preference is to the other state's businesses. As added by P.L.49-1997, SEC 1. i 1 w PETROLEUM TRADERS CORPORATION 7110 Pointe Inverness Way Fort Wayne, IN 46804-7928 October 28, 2003 (260) 432-6622 City of Fort Worth Purchasing Division 1000 Throckmorton Zart Werth, TX 76102 Flint Hills Refinery in Euless, TX will be your pick-up site. Address will be provided upon award. Page 29 of 37 2003-10-28 09:54 :42 EST DALLAS METRO, TX **ORIS DIRECT GROSS RFG MTBE BLENDS PRICES** Terms Unl Move Mid Move Pre Move Date Valero u 1-10 90. 90 - .75 95 .45 - .75 100 .90 - .75 10/28 Shamrock b 1-10 92 . 05 - .45 95 . 85 - .45 101.55 - .45 10/28 F1ntHlsRs u N-10 92 .20 2 .25 95 .45 2.25 101.70 2 .25 10/25 DiamondSh b 1-10 92 .25 - .45 96. 05 - .45 101.75 - .45 10/28 Total b 1-10 52 .25 - .45 96 . 05 - .45 101.75 - .45 10/28 BP b 1-10 92 . 90 .30 97 .40 .30 103 .40 .30 10/28 Mystik b 1-12 53 .25 1.00 97 .25 1.00 102 .75 1.00 10/28 Citgo b 1-12 53 .35 1.00 97. 35 1.00 102. 85 1.00 10/28 Fina b 1-10 93 .85 .60 98. Q5 .60 103 .75 .60 10/28 XOM b 1-10 93 . 88 .85 98. 38 .85 103 .88 .85 10/28 Phillips b 1-10 93 . 90 2 .00 97 . 90 2 .00 103 .90 2 .00 10/25 Chevron b 1-10 94 . 10 1.30 98. 60 1.30 104 . 10 1.30 10/28 Shell b 1-10 S-.20 1.20 98 . 80 1.20 103 .90 1.20 10/28 Texaco b 1-10 94.20 1.20 98. 80 1.20 103.90 1.20 10/28 Conoco b 1-10 5= . 60 - .95 98. 60 - . 95 104 .60 - .95 10/28 Fina u N-10 103 .70d 2 .10 106. 70d 2 .10 111.70d 2. 10 10/28 LOW RACK 90.90 95.45 100.90 HIGH RACK 94.60 98. 80 104.60 %12ACK AUG 93.19 97 .33 102.98 BRD LOW RACK 92.05 95 . 85 101.55 BRD HIGH RACK 94 .60 98. 80 104 .60 BRD RACK AVG 93.44 97. 62 103 .24 . UBD LOW RACK 90. 90 95 .45 100.90 UBD HIGH RACK 92.20 95.45 101.70 UBD RACK AVG 91.55 95.45 101.30 CONT AVG-10/27 52. 90 97. 04 102 .69 d=not in average DALLAS, TX LOW RETAIL 133.52 AVG RETAIL 142 .70 LOW RETAIL EX-TAX 94.63 AVG RETAIL EX-TAX 103 . 80 RACK/RETAIL P+/L- + 10 .61 Copyright, Oil PriceInformation Service 2003-10-28 09:54 :52 EST DALLAS/FT. W, TX **OPIS DIRECT GROSS CLEAR PRICES** Terms Unl Move Mid Move Pre Move Date Shell b 1-10 93.25 .50 97. 10 .50 103.25 .50 10/28 Texaco b 1-10 93.25 .50 97. 10 .50 103.25 .50 10/28 Chevron b 1-10 93 .40 1 .50 97. 90 1.50 103.90 1.50 10/28 XOM b 1-10 93 .73 1.75 97.. 93 1.75 103.73 1.75 10/28 LOW RACK 93 .25 97.10 103 .25 HIGH RACK 93 .73 97. 93 103 .90 RACK AVG 93.41 97.51 103.53 BRD LOW RACK 93.25 97. 10 103.25 BRD HIGH RACK 93.73 97. 93 103.90 BRD RACK AVG 93.41 97. 51 103 .53 CONT AVG-10/27 92.35 96.45 102.47 FORT WORTH-ARLINGTON, TX LOW RETAIL 135.93 AVG RETAIL 141.41 LOW RETAIL EX-TAX 97.03 AVG RETAIL EX-TAX 102 .51 RACK/RETAIL P+/L- + 9.10 2003-10-28 09:54 :52 EST Colonial Pipeline Company PRODUCT SPECIFICATIONS 3.3.1 SPECIFICATIONS FOR 87 OCTANE INDEX REFORMULATED GASOLINE *Issue No. 8: A Grades Cancels Previous Issues of A Grades FUNGIBLE ONLY REQUIREMENTS: ASTM Test Test Results Product Property Method Minimum Maximum Note Color T undyed Corrosion 3 hrs @122°F(50°C) D130 1 Doctor test D4952 Negative(sweet) 5 or Mercaptan sulfur,wt.% D3227 0.002 _Existent Gunn mg/100 ml D38I 4 Gravity'API at 60°F D287,D I 298 Report Oxidation stability-minutes D525 240 Phosphorous,gms/gal D3231 0.004 Nace Corrosion y TMO172-86 B+ (Origin) Volatility: *Driveabiliry Index D4814 See Chart Distillation,°C(°F)@%Evap. D86 Vapor/Liquid Ratio(V/L),°C(°F)@ 20 D2533 Driveabiliry 10 vol% 50 vol% 90 vol% End Pt. V/L Grades Index Max Min Max Max Max Min A1,A2 1250 70(158) 77(170) 121(250) -190(374) 221(430) 56(133) A3 1230 60(140) 77(170) 116(240) 185(365) 221(430) 51(124) A4 1220 55(131) 77(170) 113(235) 185(365) 221(430) 47(116) A5 1200 50(122) 77(170) 110(230) 185(365) 221(430) 41(105) NOTES(Apply to Fungible and Segregated): Heavy Metals are not allowed to be present. Corrosion inhibitors,gum inhibitors and metal deactivators-Refer to section 3.2. No additives or corrosion inhibitors containing phosphorus may be used in this gasoline. The shipment of fuels containing Port Fuel Injector(PFI)and intake valve detergent additives is prohibited. This is a base gasoline,not for sale to the ultimate consumer. Any gasoline exhibiting an offensive odor and/or poses a personal health hazard will not be accepted for shipment. Any gasoline containing more than 0.50 wt.%of dicyclopentadiene will not be accepted for shipment. The referee me?h�-d will be based on a gas chromatograph test. 1.Non-hydrocarbon blending components are to be reported on the certified laboratory report by type and percent(by volume).This product is required to contain aliphatic ether(s). The use of any other non- hydrocarbons,such as alcohols,as blending components is prohibited. 2. Refer to test methods published in 40 CFR Chapter 1,Part 80.46. 3.Tests must be performed in accordance with the procedure described in 40 CFR,Part 80,Appendix E, Method 3. 4. Emissions reductions must be calculated using EPA guidelines. 5. Mercaptan Sulfur waived if fuel is negative by Doctor test. Page 2 of 2 January, 2001 3B-5 Denotes Change Product=pecil���tioas 4.l SPECIFICATIONS FOR 89 OCTANE INDEX REFORMULATED GASOLINE `Issue No. 6: B Graces Cancels Previous Issues of B Grades ALL B GRADE REQUIREMENTS(SEGREGATED AND FUNGIBLE) ASTM Test Test Results ?roduct Prnr)erry Method MininIU-t Maximum Note Benzene(vo!%) D3606 1.30 Octane RON D2699 Report MON D2700 83.0 (R+M)/2 89.0 Oxygen Content, weight°% See Note 1,2 Grades B!.B2,B3B4,B5,iB,2B,3B,4B,5,B 1.6 2.7 (Not Oxygenated Fuel Program) Grades B6.37,B8,B9,6,7B,8B,9B 2-7 2.9 (Oxygenated Fuel Program) _VP(psi) D5191 3 Grades B!,I B(VOC-controlled Region 1 7.8 or Region 2) B2,2B(VCC-controlled Region 2) 9.0 B3,3B(Non-VOC Controlled) 11.5 B4,4B(Non-VOC Controlled) 13.5 B5,5B(Non-VOC Controlled) 15.0 136,613(VOC-controlled Region 2) 9.0 B7,7B(Non-VOC Controlled) 11-5 B8,8B(Non-VOC Controlled) 13.5 B9,913(Nor.-VOC Controlled) 15.0 •VOC Controlled Requirements (Grades BI,B2,B6,IB,2B,6B only) *Aromatics(vol%) See Note Report 2 *�:"" 00(vol%) D86 Report *1x300(vol%) D86 Report `Olefins(voi%) D1319 Report *Sulfur("vt/°) D2622 Report *Emissions Performance Reductions(IN 4 R22ion I (Grades 31,IB) 32.6 Re,zion 2(Grades B2,B6,2B,6B) 13.1 Page 1 of 2 Denotes Change March 2. 1998 t Colonial Pipeline Company PRODUCT SPECIFICATIONS 3.4.2 SPECIFICATIONS FOR 92 OCTANE INDEX REFORMULATED GASOLINE *Issue No. 8:C Grades Cancels Previous Issues of C Grades FUNGIBLE ONLY REQUIREMENTS: ASTM Test Test Results Product Property Method Minimum Maximum Note Color Undyed Corrosion 3 hrs @122°F(50°C) D130 1 Doctor test D4952 Negative(sweet) 5 or Mercaptan sulfur,wt.% D3227 0.002 Existent Gum mg/100 ml D381 4 Gravity°API at 60°F D287,D1298 Report Oxidation stability-minutes D525 240 Phosphorous,gas/gal D3231 0.004 Nace Corros:on TMO 172-86 B+ (Origin) Volatility: *Driveability Index D4814 See Chart Distillation,°CCF)C%Evap. D86 Vapor/Liquid Ratio(V/L),°C(°F)@ 20 D2533 Driveability 10 vol% 50 vol% 90 vol% End Pt. V/L Grades Index Max Min Max Max Max Min C1,C2 1250 70(158) , .77(170) 121(250) 190(374) 221(430) 56(133)- C3 6(133)C3 1230 60(140) 77(170) 116(240) 185(365) 221(430) 51(124) C4 1220 55(131) 77(170) 113(235) 185(365) 221(430) 47(116) C5 1200 50(122) 77(170) 110(230) 185(365) 221(430) 41(105) NOTES(Apply to Fungible and Segregated): Heavy Metals are not allowed to be present. Corrosion inhibitors,gum inhibitors and metal deactivators-Refer to section 3.2. No additives or corrosion inhibitors containing phosphorus may be used in this gasoline. The shipment of fuels containing Port Fuel.Injector(PFI)and intake valve detergent additives is prohibited. This is a base gasoline,not for sale to the ultimate consumer. Any gasoline exhibiting an offensive odor and/or poses a personal health hazard will not be accepted for shipment. Any gasoline containing more than 0.50 wt.%of dicyclopentadiene will not be accepted for shipment. The r,:feree method will be based on a gas chromatograph test. 1.Non-hydrocarbon blending components are to be reported on the certified laboratory report by type and percent(by volume).This product is required to contain aliphatic ether(s). The use of any other non- hydrocarbons,such as alcohols,as blending components is prohibited. 2.Refer to test methods published in 40 CFR Chapter 1,Part 80.46. 3.Tests must be performed in accordance with the procedure described in 40 CFR,Part 80,Appendix E, Method 3. 4. Emissions reductions must be calculated using EPA guidelines. 5.Mercaptan Sulfur waived if fuel is negative by Doctor test. Page 2 of 2 3B-7 January,2001 *Denotes Change MATERIAL SAFETY DATA SHEET MSDS NUMBER: 0007 PART NUMBER: PRODUCT NAME: MID-GRADE UNLEADED GASOLINE 89 OCTANE RFG CAS NUMBER: 8006-61-9 CHEMICAL NAME: MID-GRADE UNLEADED GASOLINE 89 OCTANE RFG SECTION I MANUFACTURER: VARIOUS CCMPANIES HMIS RATINGS: /\ ADDRESS: HEALTH: 2 HEALTH / \ FIRE GLOBAL PETROLEUM CORP., FIRE: 4 1 / \ 3 REACTIVITY: 0 / \ EMERGENCY TELEPHONE NUMBER: (800)424-9300 PERSONAL PROTECTION: \ / \ /0 INFORMATION TELEPHONE NUMBER: (617)398-4129 SPEC. HAZ.\ / REACT. V DATE PREPARED: 12/28/94 SECTION 11 - HAZARDOUS INGREDIENTS/IDENTITY INFORMATION SUB- SARA OTHER LIMITS CAS NUMBER HAZARDOUS CLMPCNENT NTP IARC PART/Z 313 OSHA PEL ACGIH TLV RECOMMENDED PERCENT ----------- ------------------------------------------------ --• ---- ------ ---- ---------- ---------- ----------- --------- 71-43-2 BENZENE Y Y N Y 1 PPM 10 PPM 1.30 8006-61-9 GASOLINE N N N Y 300 PPM 300 PPM 100 108-88-3 TOLUENE N N N Y 100 PPM 100 PPM 25.00 95-47-6 XYLENE N N N Y 100 PPM 100 PPM ' 25.00 100-41-4 ETHYLBENZENE N N N Y 100 PPM 100 PPM 5.00 100-54-3 n-HEXANE N N N Y 50 PPM 50 PPM 3.3 - -0 HEXANE, alt iscmers N N N Y 500 PPM 500 PPM 10.00 95-63-6 1,2,4-TRIMETHYL SENZENE N N N Y 25 PPM 25 PPM 7.00 106-97-8 BUTANE N N N Y 800 PPM 800 PPM 9.00 109-66-0 PENTANE N N N Y 600 PPM 600 PPM 4.70 75-65-0 t-BUTYL ALCOHOL N N N Y 100 PPM 100 PPM 1.0.00 1634-04-4 METHYL• t-BUTYL ETHER N N N Y NI NI 15.00 98-82-8 CUMENE N N N Y 50 PPM 50 PPM 2.00 994-05-8 TERT-AMYL METHYL -ETHER N N N Y NI NI 10.00 - -0 OXYGENATES 7 7 7 7 NI NI NI SECTION III PHYSICAL/CHEMICAL CHARACTERISTICS BOILING POINT >90 F SPECIFIC GRAVITY (H20 = 1) 0.65000 VAPOR PRESSURE (mm H0.) 465-775 F MELTING POINT NI VAPOR DENSITY (AIR = 1) 3-4 EVAPORATION RATE (Butyl Acetate 1) RAPID SOLUBILITY IN WATER: SLIGHT APPEARANCE AND ODOR: LIGHT STRAW TO LIGHT RED/ GASOLINE ODOR OTHER INFORMATION: % VOLATILES BY VOLLME 100 DOOR THRESHOLD 15 PPM THIS PRODUCT CONTAINS 1VD AND PFI FUEL ADDITIVES. GLOBAL PETROLEUM CORP'S EPA REGISTRATION W ftER IS 4069 SECTION IV - FIRE AND EXPLOSION HAZARD DATA FLASH POINT: -40 F FLAMMABLE LIMITS: LEL: 1.3 X UEL: 7.6% EXTINGUISHING MEDIA: FOAM, CO2, DRY CHEMICAL, HALON, AND WATER SPECIAL FIRE FIGHTING PROCEDURES: USE DRY CHEMICAL, ALCOHOL FOAM, ALL PURPOSE AFFF OR CARBON DIOXIDE TO EXTINGUISH FIRE. EXPOSED FIREFIGHTERS MUST WEAR MSHA/NIOSH APPROVED POSITIVE PRESSURE SELF-CONTAINED BREATHING APPARATUS WITH FULL FACE MASK AND FULL PROTECTIVE CLOTHING. WATER BEST APPLIED IN A FOG PATTERN AND SHOULD BE USED TO KEEP FIRE-EXPOSED CONTAINERS COOL. UNUSUAL FIRE FIGHTING PROCEDURES: GASOLINE VAPORS ARE HEAVIER THAN AIR AND MAY TRAVEL A CONSIDERABLE DISTANCE TO A SOURCE OF IGNITION AND FLASH BACK. FLOWING GASOLINE CAN GENERATE STATIC ELECTRICITY AND CAUSE A FIRE EXPLOSION IF A SPARK OCCURS IN A FLAMMABLE VAPOR-AIR ATMOSPHERE. RUNOFF TO SEWER MAY CREATE FIRE OR EXPLOSION HAZARD WELL DOWN STREAM FROM THE SOURCE. SECTION V - REACTIVITY DATA STABILITY: STABLE INECHPAT131LITY (MATERIALS TO AVOID): AVOID HEAT, SPARKS AND OPEN FLAMES MSUS NUMBER. 0007 Page: 2 JO w �T NAME: MID-GRADE UNLEADED GASOLINE 39 OCTANE RFG SECTION V - REACTIVITY DATA (Czntinued) STRONG OXIDIZERS HAZARDOUS DECCMPOSITICN CR 3YPRCOUCTS: COMBUSTION WILL PRODUCE CARBON MONOXIDE AND ASPHYXIANTS HAZARDOUS POLYMERIZATICN: WILL NOT OCCUR SECTION VI - HEALTH HAZARD DATA RCUTE(S) OF ENTRY: INHALATICN, INGESTION, SKIN CONTACT, EYE CONTACT HEALTH HAZARDS (ACUTE AND CHRONIC): ACUTE: EYES; SLIGHT TO MODERATE IRRITATION. SKIN; MODERATELY IRRITATING. INHALATION; DROWSINESS, NOSE AND THROAT IRRITATICN, PNEUMONTIS, NAUSEA, CENTRAL NERVOUS SYSTEM DEPRESSION. INGESTION; DROWSINESS AND NAUSEA. POSSIBLE PNEUMONIA (IF VCMITIED), UNCONSCIOUSNESS, AND DEATH. CRONIC: CONTAINS BENZENE. BENZENE IS KNOWN TO CAUSE LEUKEMIA IN HUMANS. SKIN AND EYE IRRITATION. PULMONARY EDEMA, PNEUMONITIS, KIDNEY DAMAGE. SIGNS AND SYMPTCMS OF EXPOSURE: IRRITATION AS NOTED ABOVE. EARLY TO MODERATE CENTRAL NERVOUS SYSTEM DEPRESSION MAY BE EVIDENCED BY GIDDINESS, HEADACHE, DIZZINESS AND NAUSEA. IN EXTREME CASES, UNCONCICUSNESS AND DEATH MAY OCCUR. ASPIRATION PNEUMONITIS MAY BE EVIDENCED BY COUGHING, LABCRED BREAT3ING AND CYSNOSIS (BLUISH SKIN). IN SEVERE CASES DEATH MAY OCCUR. KIDNEY DAMAGE MAY BE EVIDENCED BYCHANGES IN URINE OUTPUT, URINE APPEARANCE OR EDEMA (SWELLING .'RCM FLUID RETENTION). LIVER DAMAGE MAY BE EVIDENCED BY LOSS OF APPETITE, JAUND!CE (YELLOWISH SKIN COLOR) AND SOMETIMES PAIN IN THE UPPER ASOC1iEN ON THE RIGHT SIDE. MEDICAL CONDITIONS GENERALLY AGGRAVATED BY EXPOSURE: EXISTING MEDICAL CONDITIONS MAY BE AGGRIVATED BY OVER-EXPOSURE TO GASOLINE, ESPECIALLY DERMATITIS AND RESPIRATORY DISORDERS. ORAL: HARMFUL/FATAL IF SWALLOWED. PROLONGED/REPEATED OVER-EXPOSURE TO BENZENE CAN CAUSE BLOOD DISORDERS RANGING FROM ANEMIA TO LEUKEMIA. EMERGENCY AND FIRST AID PROCEDURES: INHALATION; MOVE PERSON TO FRESH AIR. IF NOT BREATHING, GIVE ARTIFICIAL RESPIRATION AND OBTAIN MEDICAL HELP. EYE CONTACT: WASH WITH LARGE AMOUNTS OF WATER. IF REDNESS AND IRRITATION PERSISTS, GET MEDICAL ATTENTION. SKIN CONTACT AND ABSORPTION: REMOVE SOAKED CLOTHING. WASH AREA OF SKIN WITH SCAP AND WATER UNTIL NO GASOLINE ODOR REMAINS. IF REDNESS OR SWELLING DEVELOPS, RECEIVE MEDICAL ATTENTION. INGESTION: DO NOT INDUCE VOMITING. DO NOT GIVE LIQUIDS. OBTAIN �14ERGENCY MEDICAL ATTENTION. SMALL AMOUNTS WHICH ACCIDENTLY ENTER THE MOUTH SHOULD BE RINSED OUT UNTIL TASTE OF GASOLINE IS GONE. OTHER HEALTH WARNINGS: REMOVE AND DRY-CLEAN OR LAUNDER CLOTHING CCATAMINATED WITH GASOLINE BEFORE REUSE. INFORM INDIVIDUAL RESPONSIBLE FOR CLEANING OF POTENTIAL HAZARDS ASSOCIATED WITH HANDLING CONTAMINATED CLOTHING. CONTAINS MATERIAL WHICH MAY CAUSE CANCER. THIS PRODUCT HAS HOT BEEN TESTED BY GLOBAL PETROLEUM CORP. TO DETERMINE SPECIFIC HEALTH HAZARDS. SECTION VII - PRECAUTIONS FOR SAFE HANDLING AND USE STEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED: CONTAIN SPILL AND SAFELY STOP FLOW. EVACUATE ALL NON-ESSENTIAL PERSONNEL FROM SPILL AREA. ELIMINATE IGNITION SOURCES AND VENTILATE AREA IF APPROPRIATE. ACTIVATE FACILITY RESPONSE PLAN IF REWIRED. WASTE DISPOSAL METHOD: RECOVER FREE LIQUID. ADSORB REMAINING SPILLED GASOLINE WITH APPROVED PRODUCTS AND PLACE CONTAMINATED MATERIAL IN SEALED CONTAINERS. TRANSFER TO AN APPROVED DISPOSAL AREA IN ACCORDANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS. PRODUCT MAY BE SUITABLE FOR BURNING FOR FUEL VALUE IN CCMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS. PRECAUTIONS TO 3E TAKEN IN HANDLING AND STORAGE: KEEP AWAY FROM HEAT, SPARKS AND OPEN FLAMES. KEEP CONTAINERS CLOSED AND STORE IN WELL VENTILATED AREA. TRANSFER OPERATIONS MUST BE ELECTRICALLY GROUNDED TO DISIPATE STATIC BUILDUP. AVOID PROLONGED BREATHING OF VAPORS. AVOID PROLONGED OR REPEATED CONTACT WITH SKIN. WASH THOROUGHLY AFTER HANDLING. STAY UP WIND AND OUT OF LOW AREAS DURING CLEANUP OPERATIONS WHEN POSSIBLE. USE SPARK PROOF TOOLS. MATERIAL MAY BE AT ELEVATED TEMPERATURE AND PRESSURE. EXERCISE DUE CARE WHEN OPENING BLEEDERS AND SAMPLING PORTS. OTHER PRECAUTIONS: ANY SPILL OR RELEASE OF THIS MATERIAL TO NAVIGABLE WATER SUFFICIENT TO CAUSE A VISIBLE SHEEN UPON THE WATER MUST BE REPORTED IMMEDIATELY TO THE NATIONAL RESPONSE CENTER (800/424-8802), AS REWIRED BY FEDERAL LAW. FAILURE TO REPORT MAY RESULT IN SUBSTANTIAL CIVIL AND CRIMINAL PENALTIES. CONTACT THE COAST GUARD AND APPROPRIATE STATE AND LOCAL AGENCIES. EMPTY CONTAINERS MAY CONTAIN RESIDUE AND CAN BE DANGEROUS. STORED MATERIALS MUST BE LABELED: FLAMMABLE SECTIC4: klii - CCNTROL MEASURES VENTILATION REQUIREMENTS: AVOID BREATHING VAPORS AND MISTS. USE ONLY WITH ADEQUATE VENTILATION. EXPLOSION PROOF EQUIPMENT ONLY. PREVENT OXYGEN DEFICIENT ATMOSPHERES, ESPECIALLY IN CONFINED SPACES. PERSONAL PROTECTIVE EQUIPMENT• EYE PROTECTION• IF EYE CONTACT 1S LIKELY, SAFM GLASSES WITH SIDE SHIELDS OR CHEMICAL TYPE GOGGLES SHOULD BE WORN. SKIN PROTECTION: IF SKIN CONTACT IS LIKELY, IMPERVIOUS GLOVES SHOULD BE WORN. GOOD PERSONAL HYGIENE PRACTICES SHOULD ALWAYS BE FOLLOWED.PROTECTIVE CLOTHING SUCH AS UNIFORMS, COVERALLS, OR BOOTS SHOULD ALSO BE WORN WHERE CONTACT WITH PRODUCT IS LIKELY. BARRIER CREAMS APPLIED TO THE HANDS BEFORE HANDLING GASOLINE IS ADVISED. RESPIRATORY PROTECTION: AIRBORNE CONCENTRATIONS SHOULD BE KEPT TO LOWEST LEVELS POSSIBLE. SUPPLIED AIR RESPIRATORY PROTECTION SHOULD BE USED FOR CLEANING LARGE SPILLS OR UPON ENTRY INTO TANKS, VESSELS, OR OTHER CONFINED SPACES. MSDS NUMBER: 0007 Page: 3 PRODUCT NAME: MID-GRADE UNLEADED GASOLINE S9 OC7ANE RFG SECTION IX - ADOITIONAL INFORMATION ADDITIONAL MANUFACTURER WARNINGS: D.O.T. SHIPPING NAME: GASOLINE D.O.T. HAZARD CLASS: 3 D.O.T. ID NUMBER: UN 1203 PACKAGING GROUP: 11 PRODUCT DETERMINED TO BE HAZARDOUS IN ACCORDANCE WITH 29 CFR 1910.1200 ALL LABEL WARNINGS AND PRECAUTIONS MUST BE OBSERVED UNTIL CONTAINER HAS BEEN THOROUGHLT CLEANED OR DISPOSED OF PROPERLY. FOR USE AS A MOTOR FUEL ONLT, OTHER PRECAUTIONS AND COMMENTS: THE ABOVE INFORMATION IS BASED ON THE DATA OF WHICH WE ARE AWARE AND IS BELIEVED TO BE CORRECT AS OF THE DATE HEREOF. SINCE THIS INFORMATION MAT BE APPLIED UNDER CONDITIONS BEYOND OUR CONTROL AND WHICH MAT BE UNFAMILIAR, WE DO NOT ASSUME ANY RESPONSIBILITY FOR THE RESULTS OF ITS USE. GLOBAL MAKES NO WARRANTY, EXPRESSED OR IMPLIED REGARDING THE ACCURACY OF THESE DATA OR THE RESULTS TO BE OBTAINED FROM THE USE THEREOF. GLOBAL ASSUMES NO RESPONSIBILITY FOR INJURY FROM THE USE OF THE PRODUCT DESCRIBED HEREIN. f MATERIAL SAFETY DATA SHEET MSDS NUMBER: 0008 PART NUMBER: PRODUCT NAME: PREMIUM UNLEADED GASOLINE 93 OCTANE RFG CAS NUMBER: 8006-61-9 CHEMICAL NAME: PREMIUM UNLEADED GASOLINE 93 OCTANE RFG SECTION I MANUFACTURER: VARIOUS COMPANIES HMIS RATINGS: /\ ADDRESS: HEALTH: 2 HEALTH / \ FIRE GLOBAL PETROLEUM CORP., FIRE: 4 1 / \ 3 REACTIVITY: 0 / \ EMERGENCY TELEPHONE NUMBER: (800)424-9300 PERSONAL PROTECTION: \ / \ /0 INFORMATION TELEPHONE NUMBER: (617)398-4129 SPEC. HAZ.\ / REACT. V DATE PREPARED: 12/28/94 SECTION IT - HAZARDOUS INGREDIENTS/IDENTITY INFORMATION SUB- SARA OTHER LIMITS CAS NUMBER HAZARDOUS COMPONENT NTP IARC PART/Z 313 OSHA PEL ACGIH TLV RECOMMENDED PERCENT ----------- ------------------------------------------------ --- ---- ------ ---- ---------- ---------- ----------- --------- 71-43-2 BENZENE Y' Y N Y 1 PPM 10 PPM 1-30 8006-61-9 GASOLINE N N N Y 300 PPM 300 PPM 100.00 108-88-3 TOLUENE N N N Y 100 PPM 100 PPM 25.00 95-47-6 XYLENE N N N Y 100 PPM 100 PPM- 25.00 100-41-4 ETHYLBENZENE N N N Y 100 PPM 100 PPM 5.00 100-54.3 n-HEXANE N N N Y 50 PPM 50 PPM 3.50 - -0 HEXANE, all isomers N N N Y 500 PPM 500 PPM 9.00 95-63-6 1,2,4-TRIMETHYL BENZENE N N N Y 25 PPM 25 PPM 5.00 98-82-8 CUMENE N N N Y 50 PPM 50 PPM 2.00 106-97-8 BUTANE N N N Y 800 PPM 800 PPM 9.00 109-66-0 PENTANE N N N Y 600 PPM 600 PPM 6.50 75-65-0 t-BUTYL ALCOHOL N N N Y 100 PPM 100 PPM 10.00 1634-04-4 METHYL t-BUTYL ETHER N N N Y NI NI 15.00 95-63-6 PSEUDOCUMENE N N N Y 50 PPM 50 PPM 3.99 994-05-8 TERT-AMYL METHYL ETHER N N N Y NI NI 10.00 - -0 OXYGENATES 7 7 7 7 NI NI 2.70 SECTION III - PHYSICAL/CHEMICAL CHARACTERISTICS BOILING POINT 100-425 F SPECIFIC GRAVITY (H20 = 1) 0.72000 VAPOR PRESSURE (mm Hg.) 7-14.5 MELTING POINT NI VAPOR DENSITY (AIR = 1) 3.5 EVAPORATION RATE (Butyl Acetate 1) NI SOLUBILITY IN WATER: NEGLIGIBLE APPEARANCE AND ODOR: RED COLOR; CLEAR AND BRIGHT; GASOLINE ODOR OTHER INFORMATION: % VOLATILE BY VOLUME: 100X (2 415 DEG. F) ODOR THRESHOLD 15 PPM THIS PRODUCT CONTAINS IVO AND PFI FUEL ADDITIVES GLOBAL PETROLEUM CORPIS EPA REGISTRATION NUMBER IS 4069 SECTION IV - FIRE AND EXPLOSION HAZARD DATA FLASH POINT: -40 F FLAMMABLE LIMITS: LEL: 1.3 UEL: 7.6 EXTINGUISHING MEDIA: USE WATER FOG, FOAM, DRY f;HEMICAL, CO2 OR HALON. SPECIAL FIRE FIGHTING PROCEDURES': USE DRY CHEMICAL, ALCOHOL FOAM, ALL PURPOSE AFFF OR CARBON DIOXIDE TO EXTINGUISH FIRE. EXPOSED FIREFIGHTERS MUST WEAR MSHA/NIOSH APPROVED POSITIVE PRESSURE SELF-CONTAINED BREATHING APPARATUS WITH FULL FACE MASK AND FULL PROTECTIVE CLOTHING. WATER BEST APPLIED IN A FOG PATTERN AND SHOULD BE USED TO KEEP FIRE-EXPOSED CONTAINERS COOL. UNUSUAL FIRE FIGHTING PROCEDURES: GASOLINE VAPORS ARE HEAVIER THAN AIR AND MAY TRAVEL A.CONSIDERABLE DISTANCE TO A SOURCE OF IGNITION AND FLASH BACK. FLOWING GASOLINE CAN GENERATE STATIC ELECTRICITY AND CAUSE A FIRE EXPLOSION IF A SPARK OCCURS IN A FLAMMABLE VAPOR-AIR ATMOSPHERE. RUNOFF TO SEWER AND DRAINS MAY CREATE FIRE AND EXPLOSION HAZARD WELL DOWN STREAM FROM THE SOURCE. Store in tightly closed containers in cool, dry, isolated, well-ventilated area away from heat, sources of ignition and incompatibles. Ground lines and _ equipment used during transfer to reduce the possibility of static spark-initiated fire or explosion. Use good personal hygiene practices. Wash hands before eating, drinking, smoking, or using toilet facilities. Remove contaminated clothing and clean before reuse. Shower after work using soap and water. Do not siphon this product by mouth. Use only as a motor fuel. Do not use for cleaning, pressure appliance fuel, or any other use. Do not store in unlabeled containers. Keep out of reach of children. ------------------------------------------------------------------------------ EMPTY CONTAINERS: Empty containers may contain toxic, flammable/combustible or explosive residue or vapors . Do not cut, grind, drill, weld, reuse or dispose containers unless adequate precautions are taken against these hazards . TRANSPORTATION REQUIREMENTS (DOMESTIC LAND) ============TR= D.O.T. PROPER SHIPPING NAME (49 CFR 172.101) : GASOLINE, 3 , UN 1203, PG II D.O.T. HAZARD CLASS (49 CFR 172.101) : 3 UN/NA CODE (49 CFR 172.101) : UN 1203 PACKING GROUP (49 CFR 172.101) : FLAMMABLE LIQUID BILL OF LADING DESCRIPTION (49 CFR 172.202) : GASOLINE, 3 , UN 1203, PG II D.O.T. LABELS REQUIRED (49 CFR 172.101) : FLAMMABLE LIQUID D.O.T. PLACARDS REQUIRED (49 CFR 172.504) : FLAMMABLE LIQUID INGREDIENTS/HEALTH HAZARD INFORMATION COMPONENT I CAS NO. I % I EXPOSURE LIMITS - REF. -- ------------------------------------------------------------------------------ Gasoline 8006-61-9 85-86 300 ppm (890 mg/m3)' TLV; 500 ppm (1480 mg/m3) STEL (ACGIH) 300 ppm (900 mg/m3) PEL; 500 ppm (1500 mg/m3) STEL (OSHA) ------------------------------------------------------------------------------ Methyl tert-butyl ether 1634-04-4 14-15 40 ppm (144 mg/m3) TLV (A CGIH) ------------------------------------------------------------------------------ May contain the follo; ing: ------------------------------------------------------------------------------ Xylene 1330-20-7 4-9 100 ppm (434 mg/m3) TLV; 150 ppm (651 mg/m3) STEL (ACGIH) 100 ppm (435 mg/m3) PEL; 150 ppm (655 mg/m3) STEL (OSHA) 100 ppm (435 mg/m3) TWA; 150 ppm (655 mg/m3) STEL (NIOSH) ------------------------------------------------------------------------------ Toluene 108-88-3 4-6 50 ppm (188 mg/m3) TLV (s kin) (ACGIH) 100 ppm (375 mg/m3) PEL; 150 ppm (560 mg/m3) STEL (OSHA) 100 ppm (375 mg/m3) TWA; 150 ppm (560 mg/m3) STEL (NIOSH) ------------------------------------------------------------------------------ 1,2,4-Trimethylbenzene 95-63-6 0-3 25 ppm (123 mg/m3) TLV (A CGIH) 25 ppm (125 mg/m3) PEL (0 SHA) ------------------------------------------------------------------------------ Benzene 71-43-2 0-2 10 ppm (32 mg/m3) TLV (AC GIH) 1 ppm PEL; 5 ppm STEL (OS HA) 0.1 ppm TWA; 1 ppm STEL NIOSH) ------------------------------------------------------------------------------ Ethylbenzene 100-41-4 0-2 100 ppm (434 mg/m3) TLV; 125 ppm (543 mg/m3) STEL (ACGIH) 100 ppm (435 mg/m3) PEL; 125 ppm (545 mg/m3) STEL (OSHA) 100 ppm (435 mg/m3) TWA; 125 ppm (545 mg/m3) STEL (NIOSH) ------------------------------------------------------------------------------ Cyclohexane 110-82-7. 0-1 300 ppm (1030 mg/m3) TLV (ACGIH) 300 ppm (1050 mg/m3) PEL (OSHA) 300 ppm (1050 mg/m3) TWA (NIOSH) ------------------------------------------------------------------------------ Remaining components not NA determined hazardous and/or hazardous components present at less and 1.0y (0.1% for AATZRIAL SAFETY DATA SHEZT isv5 vireE?: 0006 ?ART XL348ER: PRODUCT 4AXE: UNLEADED REGULAR G.LSCLINE 87 OCTARE RFG CAS AMER: 8006-61-9 CHEMICAL MANE: UNLEADED GASCLINE 87 OCTANE RFG SECT;ON I MANUFACTURER: 7ARICLIS C=MPANIES I I MIS �iAT;71GS: ADDRESS: ` 4EALTH: 1 HEALTH ./ \ FIRE GLCS.AL PE RCLEJM CCRP., I FIRE: 3 1 / \ 3 REACTIVITY: 0 / \ E.MERGcNC TEL-l"OWE XUGER: (300)424-9300 I ?ERSZ(AL PRCTF-MON: \ / /0 :xrcRMAT,cN 7==_?HCs1E NLMSER: (617)398-4f, SPEC.9 ` s� _. HA%-\ / xEAcT. DATE ?RE?tR0: !2123194. i v ScC7:cM :! :4AZAROCUS :NG;EDIENTZ/;GEES':'! :XFCRMAT:CN - sua- SARA CT*�ER _:y1-c :AS ';U'SER ARCCL:S =NPCHENT 4TP :ARC ?ART/Z GSHA PEE AC:.N 'LV AE=-"ESCu ?S?=4 ----------- •---------------------------------------------•- --- ---- ------ ---- ---------- " ---------- --'------- �ENZ=Nc ! 7 H PPM O ?vM :0 :ASCL:'4E N V N . -Co ?p" :CO PPM :v0 -0U-1.4E 4 N N 7 :GD PEM :_0 ?Pr XTL_HE 4 N N T !CO ?PM 7C0 PPM _THYL3E.V-ZZ.NE 4 4 N T :00 PPM :GO P" ;.:D :CC-:4 ,1-1EXAME .4 V v :D ?PM ;D PPM :0 •3 :iEXANE, aiI iscmers 4 x .4 Y ;•JO ?PM cGO PPM o. 0 95 D= i _. -TRI`!ET:11ft 3EVZ=^4E N M V :c DPW ?04 :c6--7,-i 3UTANE 4 4 v 700 ?PM zoo ?vM .G9 �o-•3 =ENTANE %0 ? l .:o _ .-:UT!_ AL�.HCL 4 4 4 :DO ?PM :OD P". =� :5. 4-•:G •ic'rAy .-:UiL _=7,gER V V 41 5.:0 3 3'c-3 �1ENE 4 4 4 :0 ??M -0 ?P9 _a4 -ZRT-.WY! uc-HYL ETHER 4 ,4 4 41 ;1 :c J :..Y:EFATES ? 7 41 '41 �( 3EEC.:CX :II ?HTSICALO"0E.MICAL ZAARACT,RIST:CT 3CIL:NG xJIMT I c100-433 F I :?EC:FTC GRAVITY ;:iZO `!AP':R :RE_-SLR : 49.: 1325^DGS I XELTI4G ;>C:47. . '+i A - ') L+ I :JAPCRAT-,CH ZIT= luryi Acecace 1) ZLP:7 30LL3IL:7Y ;H ';AT:R: AIL APacARANCE AND MOR: GA_S.+L:NE CDCR CTHER 'MFCRMAT:C11: �" 'MUTIL_S 3Y VCLUME 100 IIS=S:T! i 4C :SZ 3l OR T:iRZSHCLZ :5 PP41 TRIS PRODUCT 4=kRAINS-IVO AND Pfi Mia ADDITIVES- GLC3AL ?MOL_=•IM MRP'S EPA REGISTRATION WJGU IS 4369 SECTION IV - FIRE AM EJ(PI=ICN :AAZARD DATA- -LASH POINT: -5 FLAMPARE LIMITS: LEL: UE'_-: 7_6 �(TIxG1lSHING VEDIA: FOAM, CO2, DRY CMEI(ICAL, HALON, AND WTMt SPEC:AL F;RE F?GAT:XG ?RflC`OREHO S: USE DRY CHEMICAL, ALCOHOL FOAM, ALL PlAMSE AFFF ;9 :ARSOM 7ICXIDE TO c7CIIMMISH :IRE- ECPCS'EJ FiRE-IGHTERS .14JST .EAR MSHA/)Jl= AP'P'ROVED POSITIVE PRESSURE Sc'LF-C3NTAINED 3RE►iHING APPARATUS JIT11 FULL FACE MASK. AM FULL PROTE=YE :LOTHING. :LATER aEST APPLIED IN A FOG PATTERN ANO SHMLD 3E USED "0 CES FiRE-Eo-CSED CDIITAINERS CCCL- UNUSUAL :'RE ='.GHTING PROCEDURES: FLOWING GASOLINE CM 8E 'GMIG;lTED 3T SELF`-aERATr7• STATIC _'L 4 ICITY. RUNOFr TO SEVER SAY SEAT_ =IRE ZR E(PL=1CN HAZARD '.ALL DOW ST" FROM THE SOURC`. VAPOR AC-...?ULATICA =UU =LASH ANO/CR 70'!COE :F :N =NTAC' WITH Op" Fl-AxE. :ASCL:NE ',APCRS ARE HEAVIER THAN AIR AMO MAY .'RAVEL A CNSIDERABL£ )ISTANG 70 A S==— CF IGNITION AND :'-ASH 3ACX. 'SJR 'iLAdc ;G'.o Page: Z ?RCOUC" :AAME: 'JNL=.IDE: R_GU LIR :ASCLINE ST OCTANE RFG SECT:CN V - REACTIVITY DATA STABILITY: STABLE INCCMPATISILITY (MATERIALS TO AVOID): AVOID .i EAT, SPARKS AND OPEN FLAMES STRONG OXIDIZERS 4AZARDOJS OECCMMPCSIT:CN CR 3YPQCOUCTS: —,XBUSTiCN WILL PRODUCE CARBON MONOXIDE AND ASPHYXIANTS. HAZARDCUS POLYMER IZATICH: WILL NOT OCCUR SECTION VI - HEALTH HAZARD DATA ROUTE(S) OF ENTRY: INGESTION, INHALATION, SKIN CONTACT, EYE CONTACT :HEALTH HAZARDS (ACUTE ANO CHRONIC): ACUTE; EYES; SLIGHT 70 MODERATE IRRITATION. SKIN; ACOERATELY IRRITATING. INHALATION; DROWSINESS, NOSE AND THROAT IRRITAT:CN, PNELMONITIS, NAUSEA, CENTRAL NERVOUS SYSTEM DEPRESSION. INGESTION; DROWSINESS AND NAUSEA. POSSIBLE PNELAONIA (IF VCMITIED), UNCONSC:CUSHESS, AND DEATH. IRONIC: CONTAINS 3ENZENE. BENZENE IS KNCVN TO CAUSE LEUKEMIA IN HUMANS. SKIN AND -EYE ',RR17AT:CN. PUL14CMARY EDEMA, PINEUMONITiS, KIDNEY DAMAGE. SIGNS AND SYMPTOMS CF EXPOSURE: IRRITATION AS .NOTED ABCVE. EARLY TO MC7ERATE CENTRAL NERVOUS SYSTEM DEPRESSION .MAY BE EVIDENCED 3Y GIDDINESS, HEADACHE, DIZZINESS AND NAUSEA. IN EXTREME CASES, UNCONCIOUSNESS AND DEATH MAY OCCUR. ASPIRATION PNEUMONITIS MAY 3E EVIDENCED BY COUGHING, '-ABCRED 3REATHING AND CYSNCIS (BLUISH SKIN). IN SEVERE CASES DEATH MAY OCCUR. KIDNEY DAMAGE MAY 3E EVIDENCED 3Y CHANGES IN URINE OUTPUT, URINE APPEARANCE Ot EDEMA ;SHELLING FRCM FLUID RETENTION). LIVER DAMAGE MAY 3E EVIDENCED BY LOSS OF APPETITE, JAUNDICE (YELLOWISH SKIN COLOR) AND SOMETIMES ?AIN IN THE UPPER ABDCMEN ON THE RIGHT SIDE. MEDICAL CONDITIONS GENERALLY AGGRAVATED BY EXPOSURE: EXISTING MEDICAL CONDITIONS MAY 3E AGGRIVATED BY OVER-:XPOSURE TO GASOLINE, ESPECIALLY DERMATITIS ANO ,RESPIRATORY DISORDERS. ORAL: :UARMFUL/FATAL IF SWALLOWED. PROLONGED/REPEATED CWR-EXPOSURE TO 3ENZE4E CAN IAUSE 3LOOD DISORDERS RANGING FROM ANEMIA TO LEUKEMIA. EMERGENCY AND FIRST AIC ?ROCEDURES: INHALATION; }LOVE ?EASON TO FRESH AIR. IF NOT 3REATHING, GIVE ARTIFICIAL .RESPIRATION AND CBTA:N MEDICAL HELP. EYE CONTACT: WASH WITH LARGE AMCUNTS OF WATER. IF REDNESS AND IRRITATION PERSISTS, GET MEDICAL ATTENTIOFi. SKIN CONTACT AND ABSCRPTICN: REMOVE SOAKED CLOTHING. HASH AREA OF SKIN WITH SOAP AND WATER UNTIL NO GASOLINE MOR REMAINS. :F REDNESS OR SWELLING OEVELOPS, RECEIVE MEDICAL ATTENTION. INGESTION: DO NOT INDU-- VOMITING. 00 NOT GIVE LIQUIDS. DBTAIN F-14ERGENCY MEDICAL ATTENTION. SMALL AMOUNTS ':RICH ACC:OENTLY ENTER 'HE "OUTH SHCULO 3E RINSED jUT :JNTTL TASTE OF GASOLINE IS GONE. OTHER 4EALTH WARNINGS: =NTAINS MATERIAL WHICH MAY CAUSE CANCER. 'HIS PRODUCT HAS NOT 3E--_A TESTED 3T GLOBAL PETROLEUM CORP TO DETERMINE ITS SPECIFIC HEALTH HAZARDS. REMOVE AND DRY-CLEAN CR LAUNDER CLOTHING CONTAMINATED WITH GASOLINE 3EFORE REUSE. INFORM INDIVIDUAL RESPONS13L= -CR CLEANING OF POTENTIAL HAZARDS ASSOCIATED WITH HANDLING CONTAMINATED CLOTHING. SECTION `111 - PRECAUTIONS FOR SAFE HANDLING AND USE STEPS TO 3E TAKEN IN DISE MATERIAL 1S RELEASED OR SPILLED: CONTAIN SPILL AND SAFELY STOP THE -LCV. EVACUATE ALL NON-ESSENTIAL 'ERSCNNEL =RCM SPILL AREA. ELIMINATE :GAIT::N SCURCci AND VENTILATE AREA IF APPROPRIATE. ACTIVATE FACILITY RESPONSE PLAN IF .REQUIRED. WASTE DISPOSAL .METHOD: RECOVER FREE LIQUID. ADSORB REMAINING SPILLED GASOLINE WITH APPROVED PRODUCTS AND ?LACE CONTAMINATED MATERIAL IN SEALED CONTAINERS. TRANSFER TO AN APPROVED DISPOSAL AREA IN ACCORDANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS. PRODUCT MAY 3E SUITABLE FOR BURNING FOR FUEL VALUE IN COMPLIANCE 'WITH APPLICABLE LAWS AND REGULATICNS. PRECAUTIONS TO BE TAKEN IN HANDLING AND STORAGE: KEEP AWAY FROM MEAT, SPARKS AND FLAMES. KEEP CONTAINERS CLOSED. KEEP IM WELL VENTILATED SPACE. TRANSFER OPERATIONS MUST 3E ELECTRICALLY GROUNDED TO DISIPATE STATIC 3UILOUP. AVOID PROLONGED BREATHING OF MISTS AND VAPORS. AVOID PROLONGED OR REPEATED CONTACT WITH SKIN. WASH THOROUGHLY AFTER 'HANDLING.. STAY LIP WIND AND CUT OF LOW AREAS DURING CLEANUP OPERATIONS WHEN POSSIBLE. USE SPARK PROOF TOOLS. MATERIAL MAY 3E AT ELEVATED TEMPERATURE AND PRESSURE. EXERCISE DUE CARE VHEN OPENING BLEEDERS AID SAMPLING PORTS. OTHER PRECAUTIONS: EMPTY CONTAINERS MAY CONTAIN ,RESIDUE AND CAN 3E OANGUCUS. STORED .MATERIALS UST 3E LABELED: ?LA?MABLE ANY SPILL OR RELEASE OF 'NIS MATERIAL TO NAVIGABLE WATER SUFFICIENT TO CAUSE A VISIBLE SHEEN UPON THE '.LATER MUST 3E REPORTED i0 THE NATIONAL RESPONSE CENTER (800/4Z4-3802), AS REQUIRED 3Y FEDERAL LAW. FAILURE TO REPORT MAY RESULI IN SUBSTANTIAL CIVIL AND CRIMINAL ?ENALTIES. SECTION VIII - CONTROL MEASURES WENTILATION REQUIREMENTS: AVOID 3REATHING '/APORS AND MISTS. USE ONLY WITH ADEQUATE VENTILATION. =XPLOSION ?ROOF =QUIPMENT :�NLY. 'REVENT OXYGEN DEFIC:EVT ATMOSPHERES, ESPEC:ALLY :N CONFINED SPACES. 'ERSONAL PROTECTIVE EQUIPMENT: _YE :'ROTECT:ON: :F EYE --NTACT iS LIKELY, SAFETY GLASSES WITH SIDE SHIELDS OR CHE41 CAL TYPE :WOGGLES iACULO 3E 'WORN. 3ARRIER :TEAMS APPI:ED '0 7.iE YANDS 3E=CRE 4ANDLING GASOLINE :S ADVISED. :KIN ?ROTECTICN: :F SK:N :INTACT 'S -IKELY, :?4PERVICUS :LOVES SHOULD SE .CRN. :OCO PERSONAL :4YGiENE ?RAC7,CES SHOULD ALWAYS 3E =OLLOWED. PROTECTIVE --:-'THING SUCH AS C;NIFCRMS, =VERALLS, OR 300TS SHOULD 3E HORN WHERE :JNTACT 'WITH PRODUCT :S LIKELY. MS_^S'AMBER: 0006 Page: 3 PRODUCT NAXE: UNLEADED REGULAR GASOLINE 87 OCTANE RFG SECTION VIII - CONTROL MEASURES (Contfmj&d) RESPIRATORY PROTECTION: APPROVED RESPIRATORY EQUIPMMENT MUST BE USED WHEN VAPOR OR MIST CONCEIfTRATIONS ARE UtOkM OR EXCEED THE TLV, SECTION IX - ADDITIONAL INFOR?ATION ADDITIONAL MANUFACTURER WARNINGS: D.O.T. SHIPPING NAVE: GASOLINE D.O.T. HAZARD CUSS: 3 D.O.T. ID 111NUR: UM 1203 PACXAGING GROUP: II PRODUCT DETERMINED TO BE HAZ.ARDCLIS IN ACCORDANCE WITH 29 CFR 1910.1200 ALL LABEL WARNINGS AND PRECAUTIONS MUST BE CSSERVED UNTIL CONTAINER HAS BEEN THOROUGHLY CLEARED OR DISPOSED OF PROPERLY. FOR USE AS A MOTOR FUEL ONLY. OTHER PRECAUTIONS AND CCWENTS: THE ABOVE INFORMATION IS BASED ON THE DATA OF WHICH WE ARE AWARE AID IS BELIEVED TO BE CORRECT AS OF THE DATE HEREOF. SINCE THIS INFORMATION MAY SE APPLIED UNDER CONDITIONS BEYOND OUR CONTROL AND WHICH VE MAY BE UNFAMILIAR, WE o0 40T ASSUME ANY RESPONSIBILITY FOR THE RESULTS OF ITS USE. GLOBAL MAKES NO WARRANTY, DCPRESSFD OR IMPLIED REGARDING THE ACC7RACY CF THESE DATA OR THE RESULTS TO BE OBTAINED FROM THE USE THEREOF. GLOBAL ASSUMES NO RESPONSIBLIT'Y FOR INJURY FROM THE USE OF THE PRODUCT DESCRIBED HEREIN. •t City of Fort Worth, Texas -Mayor and Council Communication DATE: Tuesday, December 09, 2003 LOG NAME: 13P03-0250 REFERENCE NO.: **P-9882 SUBJECT: Purchase Agreement for Gasoline with Primary and Secondary Vendors for the City of Fort Worth and Various Dallas/Fort Worth Metropolitan Area Governmental Entities RECOMMENDATION: It is recommended that the City Council: 1. Authorize a.purchase agreement for gasoline with primary and secondary vendors for the City of Fort Worth and Interlocal Agreements with various Dallas/Fort Worth Metropolitan area governmental entities. Prices will be based on the overall low bid of the Dallas Metro Texas OPIS (Oil Price Information Service) Daily Net Average Price per gallon, sent at 10:00 AM CST for the day the fuel is delivered_. Payment is due 80 days from the date the invoice is received. The City takes ownership at the City's storage tank and freight is.not charged; and 2. Authorize the primary award for gasoline to Petroleum Traders Corporation, and the secondary award to Martin Eagle Oil Company. See the attached bid tabulation for pricing; and Authorize the. City Manager to enter into Interlocal Purchase Agreements with various Dallas/Fort Worth Metropolitan area governmental entities, as requested, based on the same prices, terms and conditions of the original purchase agreement; and .4. Authorize this agreement to begin December 17, 2003, and expire December 16, 2004, with options to renew for three additional one-year periods. DISCUSSION: City departments and various Dallas/Fort Worth Metropolitan area governmental entities will use this agreementto obtain gasoline to supply and operate gasoline-powered equipment. No guarantee was made Ghat a specific amount of fuel would be purchased. During, the previous year, the City purchased about 1,661,000 gallons at a .cost of $1,959,980, and various local governmental entities purchased about 1,659,000 gallons ata cost of$1,957,620. Gasoline, was bid as an Interlocal Agreement to develop and encourage cooperative purchasing efforts to reduce the cost of gasoline to the City and other Dallas/Fort Worth Metropolitan area governmental entities. The- following entities have purchased fuel utilizing the current Interlocal Agreement: City of Arlington, City of DeSoto; City of Duncanville, City of Grapevine, City of Keller, Tarrant County, Tarrant County College, and Grapevine-Colleyville Independent School District. Awarding to the secondary Vendor will ensure that the City and other entities can obtain the best value when ordering split loads or smaller than tank loads, to provide an uninterrupted supply of fuels during instances of fuel shortages or curtailments. BID ADVERTISEMENT— This bid was advertised in the Commercial Recorder on October 8.and 15, 2003. The Purchasing Division solicited 15 vendors from the purchasing syste database. Six vendors responded with bids. �--��� T- n,; .r,P BID TABULATION — See the attached bid tabulation. M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office because the purchase of goods is from sources where subcontracting or supplier opportunities are negligible. RENEWAL OPTIONS — This agreement may be renewed for up to three successive one-year terms at the City's option. This action does not require specific City Council approval, provided the City Council has appropriated sufficient funds to satisfy the City's obligation during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available as in the current operating budget, as appropriated, of the Equipment Services Fund. BQN\03-0250\KDK TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by_ Richard Zavala (Acting) (6183) Originating Department Head: Jim Keyes (8517) Additional information Contact: Robert Combs (8357)Kevin Karle (8356) r' r C:) 0 0 00 � 0 0 't C) C)O o h o 0 0p 0 0 0 CD 0 0 o w C=) 0 0 0 <r co Cl) co r' o o cn CO COo� aNi co o cn - civ O o 0 O O o0 M CO0 O C � p N O eb d- O O CD nE/} O 67 69 Cl) be � N � LOCC)b? ff} E+4 69 6} 69 f 69 64 ff} + + + + t t t tCD 0 0 [(y p O O V m O 0 U-) t17 O O O O (6 O O 0 N co CC) O 7 "O O O o 0 0 0 0 0 0 -CD 0 0 N F-- J J O O o 0 0 0 0 0 O O O O Eft (19 a) O O O 0 � p p IF (OO Q o00 O b O 00 LCj p 0 00 00 N C 0 0 C) 7 b LCS 0 0 M O 0 0 0 Y cn N in O Q o _U N N N 6Mi O M N b LO N M m M M O O O a N V v N corn N N 0 Co U) LO Q O c o c' a> � r c� cY) LO N} �} ai N ca > cv + + + + + + + + O Q o O O o bm o o o o O o m c a ao � cn DcnLOLO ooLnin in in o O o Q o CD O O O X 0 0 0 N t4 W O O O O 0 0 0 0 6 0 0 0 E9 69 = Y lw U E a CL O Ei a' 0 0 o CV Er 0 o c0 O o oO d N 0 O o 5 o ^ o 0 o p o CO ca cNi O O n N Up N Oz ^ O o 0CD CD o m N N o c`> c0 LO 4-) I N Cl) <t W 0 0 0 aa) O 6 0 0 N o c) O O� V o C' o 0 o T CC 61311 cn Z., U M o to% N E w a) o U c c c c + c c c + c E cfl cs� ca o o C� N N o N O o d a a> a) w M r <y C) `t p �t CO c+') e- cn o o t ,z o p O o p Q O O p 0 O O o 0 Lo U-) o 3 a� H cr o 0 0 0 O o p 0 O O p 0 91 aa) a p 0 O O p 0 O O p 0 CD dc 3 "It O O O O 0 0 0 0 LO 0 0 0 0 N O CD Cl) vwcDco ti o0C> 0 cfl x0000 N nj V' O c*i CD tt? 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N N Q CV N N w LU m O W = w N to c d CD a � 0 � � a U w ? a) ca- m Q II cucu N W a) vQ CD v < V o O Z c O d O O O O O to cu to G tip o o ~ w o o ~ Q " o o ~ W m j Q O o m m m 0 o m m m 0 o m ca cd cm ZO J ro z a U) W C Y Y C = Y Y U C Y Y U H Q Cb # # Q ca L cc coLuW cu m LL W m t m coo LL O = — E # Cl) - F- CO co r- F- U) F-= co F t- co H U Q) CO # # ATTACHMENT B GENERAL POLICY REQUIREMENTS • The City of Fort Worth, its Officers, Employees and Volunteers shall be named, as its interest shall appear, as Loss Payee an as Additional Insured. Exception... the additional insured requirement does not apply to Workers' Compensation policies • Sixty-days (60) notice of cancellation or non-renewal. It would be to the City's advantage to require the following clause: Example: "This insurance shall not be canceled, limited in scope or coverage, cancelled or non renewed, until after sixty-days (60) prior written notice has been given to the City of Fort Worth. • Wavier of rights of recovery(subrogation) in favor of the City of Fort Worth. • The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. • Such insurance policies shall be primary, without right of contribution and not subject to any offset by any other insurance carried by the City or the Contractor. • If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. • Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state that the coverage is claims-made and specify the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. • The deductible or self-insured retention (SIR) affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of the City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also approved by the City's Risk Manager. • The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. In the event the City requires the insurance limits to be increased or changes in policy categories or types of coverage, the City shall provide written notice to the contracting party. The contracting party will have ninety days from the date of notice to comply with the additional requirements. • The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. 1 Ins. Requirements Reviewed/Revised May 2004 �1 PETROLEUM TRADERS CORPORATION 7110 Pointe Inverness Way Fort Wayne, IN 46804 (260) 432-6622 June 24, 2004 City of Fort Worth Randy Rendon, CEM Equipment Technical and Fuel Specialist 4100 Columbus Trail Fort Worth, TX 76133 RE: Attachment `B" Dear Mr. Rendon, Please accept this letter as confirmation and acceptance of both Carrier Customer Card Agreement and Attachment "B" (General Policy Requirements). It my understanding that these forms will now become part of the original contract agreement Bid #03-0250. Respecf fly, Mich el Himes President Attachment: Attachment"B" Cc: file f- -_ �., City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/9/2003 DATE: Tuesday, December 09, 2003 LOG NAME: 13P03-0250 REFERENCE NO.: **P-9882 SUBJECT: Purchase Agreement for Gasoline with Primary and Secondary Vendors for the City of Fort Worth and Various Dallas/Fort Worth Metropolitan Area Governmental Entities RECOMMENDATION: It is recommended that the City Council: 1. Authorize a purchase agreement for gasoline with primary and secondary vendors for the City of Fort Worth and Interlocal Agreements with various Dallas/Fort Worth Metropolitan area governmental entities. Prices will be based on the overall low bid of the Dallas Metro Texas OPIS (Oil Price Information Service) Daily Net Average Price per gallon, sent at 10:00 AM CST for the day the fuel is delivered. Payment is due 30 days from the date the invoice is received. The City takes ownership at the City's storage tank and freight is not charged; and 2. Authorize the primary award for gasoline to Petroleum Traders Corporation, and the secondary award to Martin Eagle Oil Company. See the attached bid tabulation for pricing; and 3. Authorize the City Manager to enter into Interlocal Purchase Agreements with various Dallas/Fort Worth Metropolitan area governmental entities, as requested, based on the same prices, terms and conditions of the original purchase agreement; and 4. Authorize this agreement to begin December 17, 2003, and expire December 16, 2004, with options to renew for three additional one-year periods. DISCUSSION: City departments and various Dallas/Fort Worth Metropolitan area governmental entities will use this agreement to obtain gasoline to supply and operate gasoline-powered equipment. No guarantee was made that a specific amount of fuel would be purchased. During the previous year, the City purchased about 1,661,000 gallons at a cost of $1,959,980, and various local governmental entities purchased about 1,659,000 gallons at a cost of$1,957,620. Gasoline was bid as an Interlocal Agreement to develop and encourage cooperative purchasing efforts to reduce the cost of gasoline to the City and other Dallas/Fort Worth Metropolitan area governmental entities. The following entities have purchased fuel utilizing the current Interlocal Agreement: City of Arlington, City of DeSoto, City of Duncanville, City of Grapevine, City of Keller, Tarrant County, Tarrant County College, and Grapevine-Colleyville Independent School District. Awarding to the secondary vendor will ensure that the City and other entities can obtain the best value when ordering split loads or smaller than tank loads, to provide an uninterrupted supply of fuels during instances of fuel shortages or curtailments. T.nonamP• 1 AP01_0')' (O Aorra 1 „F7 BID-ADVERTISEMENT — This bid was advertised in the Commercial Recorder on October 8 and 15, 2003. The Purchasing Division solicited 15 vendors from the purchasing system database. Six vendors responded with bids. BID TABULATION — See the attached bid tabulation. M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office because the purchase of goods is from sources where subcontracting or supplier opportunities are negligible. RENEWAL OPTIONS — This agreement may be renewed for up to three successive one-year terms at the City's option. This action does not require specific City Council approval, provided the City Council has appropriated sufficient funds to satisfy the City's obligation during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available as in the current operating budget, as appropriated, of the Equipment Services Fund. BQN\03-0250\KDK TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Richard Zavala (Acting) (6183) Originating Department Head: Jim Keyes (8517) Additional Information Contact: Robert Combs (8357) Kevin Karle (8356) T n(mnma• VIPO'1_0')' (O Dno a 7 f F)