Agenda packet — Porterville City Council, November 19, 2024 (part 2 of 7)

City of Porterville
Fuel System Upgrades
Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL’s letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL Letter.

D. Flow Down. Contractor shall include the substance of this clause in each subcontract that may involve operating public transit services.

21. CHARTER SERVICE
[These requirements apply to contracts for operating public transportation service.] A. Contractor shall comply with 49 U.S.C. 5323(d), (g), and (r), and 49 CFR part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally-funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under: (1) federal transit laws, specifically 49 U.S.C. § 5323(d); (2) FTA regulations, “Charter Service,” 49 CFR part 604; (3) any other federal Charter Service regulations; or (4) Federal guidance, except as FTA determines otherwise in writing.

B. If Contractor engages in a pattern of violations of FTA’s Charter Service regulations, then FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include: (1) barring it or any subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA; (2) withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA’s Charter Service regulations; or (3) any other appropriate remedy that may apply.

C. Contractor should also include the substance of this clause in each subcontract that may involve operating public transit services.

22. SCHOOL BUS OPERATIONS
[These requirements apply to contracts for operating public transportation service.] Contractor shall comply with 49 U.S.C. 5323(f) and (g), and 49 CFR part 605, and not engage in school bus operations using federally-funded equipment or facilities in competition with private operators of school buses, except as permitted under: (A) federal transit laws, specifically 49 U.S.C. § 5323(f); (B) FTA regulations, “School Bus Operations,” 49 CFR part 605; (C) any other Federal School Bus regulations; or (D) federal guidance, except as FTA determines otherwise in writing. If Contractor violates these school bus requirements, then

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FTA may bar Contractor from receiving Federal assistance for public transportation or require Contractor to take such remedial measures as FTA considers appropriate. When operating exclusive school bus service under an allowable exemption, Contractor may not use federallyfunded equipment, vehicles, or facilities. Contractor should include the substance of this clause in each subcontract or purchase under this Contract that may operate public transportation services.

23. MOTOR CARRIER SAFETY
[These requirements apply to contracts for operating bus operation service.] A. Financial Responsibility. Contractor shall comply with the economic and insurance registration requirements of: (1) U.S. Federal Motor Carrier Safety Administration (U.S. FMCSA) regulations, “Minimum Levels of Financial Responsibility for Motor Carriers,” 49 C.F.R. part 387, if Contractor is: (a) engaged in operations requiring compliance with 49 C.F.R. part 387, (b) engaged in interstate commerce, and (c) not within a defined commercial zone; and (2) provisions of 49 U.S.C. § 31138(e)(4), which supersede inconsistent provisions of 49 C.F.R. part 387, and reduce the amount of insurance the Recipient must obtain to the highest amount required by any state in which the public transportation provider operates, if it operates within a public transportation service area located in more than one state, and receives federal assistance under 49 U.S.C. §§ 5307, 5310, and 5311.

B. U.S. FMCSA Requirements. Contractor shall comply with: (1) safety requirements of U.S. Federal Motor Carrier Safety Administration (U.S. FMCSA) regulations, “Federal Motor Carrier Safety Regulations,” 49 C.F.R. parts 390 – 397, to the extent applicable; and (2) driver’s license requirements of U.S. FMCSA regulations, “Commercial Driver’s License Standards, Requirements, and Penalties,” 49 C.F.R. part 383, and “State Compliance with Commercial Driver's License,” 49 C.F.R. part 384, to the extent applicable, with the substance abuse requirements and guidance of U.S.

FMCSA’s regulations, “Drug and Alcohol Use and Testing Requirements,” 49 C.F.R. part 382, and implementing federal guidance, to the extent applicable.

24. SAFE OPERATIONS OF MOTOR VEHICLES
A. Seat Belt Use. Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate companyowned vehicles, company- rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by Contractor or AGENCY.

B. Distracted Driving. Contractor shall adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this Contract.

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C. Subcontracts. Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts that exceed the micro-purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award.

25. CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING [These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000).]
A. Definitions. As used in this clause: (1) "driving" means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise (note: "driving" does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary); and (2) “text messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication (note: “text messaging” does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park).

B. Executive Order. This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009. Contractor is encouraged to adopt and enforce policies that ban text messaging while driving company-owned/rented vehicles, Government-owned vehicles, and privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. Contractor is also encouraged to conduct initiatives in a manner commensurate with the size of the business, such as: (1) establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving; and (2) education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

C. Subcontracts. Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts that exceed the micro-purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award.

26. SUBSTANCE ABUSE (DRUG & ALCOHOL TESTING)
[These requirements apply to contracts with contractors who perform safety-sensitive functions, as defined in 49 CFR Part 655.4, “Definitions.”] A. Contractor shall establish and implement a drug and alcohol testing program that complies with “Procedures for Transportation Workplace Drug and Alcohol Testing Programs” (49 CFR Part 40) and “Prevention of Alcohol Misuse and Prohibited Drug

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Use in Transit Operations” (49 CFR Part 655), produce any documentation necessary to establish its compliance with parts 655 and 40, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of California, or the City of Porterville, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR part 655 and 49 CFR part 40 and review the testing process.

B. Contractor shall also submit for review and approval a copy of its substance abuse prevention policy developed to implement its drug and alcohol testing program.

Further, Contractor shall certify annually its compliance with parts 655 and 40 and to submit the Drug and Alcohol Management Information System (DAMIS) reports before March 15 to Transit Compliance Officer, City of Porterville Transportation Department, 291 N. Main St., Porterville, CA 93257. To certify compliance, Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register.

C. Contractor shall require the inclusion of the language of this clause within subcontracts of all tiers involving the performance of a safety-sensitive function under the Contract.

27. BUY AMERICA
[These requirements apply to contracts over $150,000 if they involve the purchase of iron, steel, manufactured goods, or rolling stock.]
A. Contractor shall comply with 49 U.S.C. 5323(j) and 49 CFR part 661, which provide that federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR § 661.7 and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 CFR § 661.11. Contractor must submit to AGENCY the appropriate Buy America certification with its offer. Offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive.

B. Construction materials used in FTA-funded projects are subject to the domestic preference requirement of the Build America, Buy America Act, Pub. L. 117-58, div.

G, tit. IX, §§ 70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget’s “Buy America Preferences for Infrastructure Projects,” 2 CFR Part 184.

C. Compliance with FTA’s “Buy America Requirements,” 49 CFR Part 661, and “Buy America Preferences for Infrastructure Projects,” 2 CFR Part 184 shall be deemed to satisfy 2 CFR § 200.322, “Domestic Preferences for Procurements.”

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28. PROHIBITED TELECOMMUNICATIONS & SURVEILLANCE SERVICES &

EQUIPMENT
The AGENCY is prohibited from obligating or expending loan or grant funds to: procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractor shall not provide covered telecommunications equipment or services in the performance of the Contract. As described in Public Law 115-232, section 889, covered telecommunications equipment is: (A) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (B) video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes; (C) telecommunications or video surveillance services provided by such entities or using such equipment; and (D) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

29. AIR POLLUTION & FUEL ECONOMY
[These requirements apply to contracts for the purchase of rolling stock.] The Contractor agrees to comply with applicable Federal air pollution control and fuel economy regulations, such as: EPA regulations, “Control of Air Pollution from Mobile Sources,” 40 CFR Part 85; EPA regulations, “Control of Air Pollution from New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines,” 40 CFR Part 86; and EPA regulations, “Fuel Economy of Motor Vehicles,” 40 CFR Part 600.

30. ROLLING STOCK LIMITATIONS
[These requirements apply to contracts for the purchase of rolling stock.] Contractor and its subcontractors must comply with the limitation on certain rolling stock procurements at 49 U.S.C. § 5323(u), prohibiting the procurement of rolling stock from specified manufacturers for public transportation use.

31. PRE-AWARD & POST-DELIVERY AUDITS OF ROLLING STOCK PURCHASES [These requirements apply to contracts for the purchase of rolling stock.] Contractor shall comply with 49 U.S.C. § 5323(m) and FTA's implementing regulation at 49 CFR part 663. Contractor shall comply with the Buy America certification(s) submitted with its offer. Contractor shall participate and cooperate in any pre-award and post-delivery audits performed pursuant to 49 CFR part 663 and related FTA guidance.

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32. BUS TESTING
[These requirements apply to contracts for the purchase/lease of any bus model that is new or has any major change in configuration/components to be acquired/leased.] Contractor [Manufacturer] agrees to comply with the Bus Testing requirements under 49 U.S.C. 5318(e) and FTA's implementing regulation at 49 CFR part 665 to ensure that the requisite testing is performed for all new bus models or any bus model with a major change in configuration or components, and that the bus model has achieved a passing score. Upon completion of the testing, Contractor shall obtain a copy of the bus testing reports from the operator of the testing facility and make that report(s) publicly available prior to final acceptance of the first vehicle by the grantee.

33. ENVIRONMENTAL PROTECTIONS
Contractor shall comply with all applicable environmental and resource use laws, regulations, and requirements, and follow applicable guidance, now in effect or that may become effective in the future, including state and local laws, ordinances, regulations, and requirements and follow applicable guidance.

2. National Environmental Policy Act.

1. Contractor shall comply and facilitate compliance with federal laws, regulations, and requirements, including, but not limited to: (a) federal transit laws, such as 49 U.S.C. § 5323(c)(2), and 23 U.S.C. § 139; (b) the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. §§ 4321 et seq., as limited by 42 U.S.C. § 5159, and CEQ’s implementing regulations 40 C.F.R. part 1500 – 1508; (c) joint FHWA and FTA regulations, “Environmental Impact and Related Procedures,” 23 C.F.R. part 771 and 49 C.F.R. part 622; (d) Executive Order No. 11514, as amended, “Protection and Enhancement of Environmental Quality,” March 5, 1970, 42 U.S.C. § 4321 note; and (e) other federal environmental protection laws, regulations, and requirements applicable to Contractor.

2. Contractor shall follow federal guidance to the extent that the guidance is consistent with applicable authorizing legislation, which may include: (a) joint FHWA and FTA final guidance, “Interim Guidance on MAP-21 Section 1319, Accelerated Decision making in Environmental Reviews,” January 14, 2013; (b) joint FHWA and FTA final guidance, “SAFETEA-LU Environmental Review Process (Pub. L. 109-59),” 71 Fed. Reg. 66576, November 15, 2006; and (c) other federal environmental guidance applicable to the Contractor.

3. Environmental Justice. Contractor shall promote environmental justice by following:
(1) Executive Order No. 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,” February 11, 1994, 42 U.S.C. § 4321 note, as well as facilitating compliance with that Executive Order; (2) U.S. DOT Order 5610.2, “Department of Transportation Actions To Address Environmental Justice in Minority Populations and Low-Income Populations,” 62 Fed. Reg. 18377, April 15, 1997; and (3) the most recent edition of FTA Circular 4703.1, “Environmental

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Justice Policy Guidance for Federal Transit Administration Recipients,” August 15, 2012, to the extent consistent with applicable federal laws, regulations, requirements, and guidance.

4. Other Environmental Federal Laws. Contractor shall comply or facilitate compliance with all applicable federal laws, regulations, and requirements, and will follow applicable guidance, including, but not limited to, the Clean Air Act, Clean Water Act, Wild and Scenic Rivers Act of 1968, Coastal Zone Management Act of 1972, the Endangered Species Act of 1973, Magnuson Stevens Fishery Conservation and Management Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and Liability Act, Executive Order No. 11990 relating to “Protection of Wetlands,” and Executive Order Nos. 11988 and 13690 relating to “Floodplain Management.”

5. Use of Certain Public Lands. Contractor shall comply with U.S. DOT laws, specifically 49 U.S.C. § 303 (often referred to as “section 4(f)), and joint FHWA and FTA regulations, “Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites,” 23 C.F.R. part 774, and referenced in 49 C.F.R. part 622.

6. Historic Preservation. Contractor shall comply with: (1) U.S. DOT laws, including 49 U.S.C. § 303 (often referred to as “section 4(f)”), which requires certain findings be made before an Award may be undertaken if it involves the use of any land from a historic site that is on or eligible for inclusion on the National Register of Historic Places; (2) federal historic and archaeological preservation requirements of section 106 of the National Historic Preservation Act, as amended, 54 U.S.C. § 306108; (3) the Archeological and Historic Preservation Act of 1974, as amended, 54 U.S.C. § 312501 et seq.; (4) U.S. Advisory Council on Historic Preservation regulations, “Protection of Historic Properties,” 36 C.F.R. part 800; and (5) other federal requirements and federal guidance to avoid or mitigate adverse effects on historic properties.

7. Indian Sacred Sites. Contractor shall facilitate compliance with federal efforts to promote the preservation of places and objects of religious importance to American Indians, Eskimos, Aleuts, and Native Hawaiians, and facilitate compliance with the American Indian Religious Freedom Act, 42 U.S.C. § 1996, and Executive Order No. 13007, “Indian Sacred Sites,” May 24, 1996, 42 U.S.C. § 3161 note.

34. CLEAN AIR ACT & FEDERAL WATER POLLUTION CONTROL ACT [These requirements do not apply to contracts and subcontracts under $150,000.] Contractor shall ensure that it: (A) will not use any violating facilities; (B) will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilities;” (C) will report violations of use of prohibited facilities to FTA; and (D) will comply with the inspection and other requirements of the Clean Air Act, as amended (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387).

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35. ENERGY CONSERVATION
Contractor shall comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. §§ 6321 et seq.).

36. RECYCLED PRODUCTS (SOLID WASTES)
[These requirements apply to all contracts and subcontracts involving the purchase of items designated by the EPA (that contain the highest percentage of recovered materials practicable) in excess of $10,000. See 40 C.F.R part 247 for federal designation of items.] Contractor shall provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 CFR part 247. The requirements of Section 6002 include: (A) procuring only items designated in guidelines of the U.S. EPA at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (B) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (C) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

37. INTELLECTUAL PROPERTY/PATENT RIGHTS & RIGHTS IN DATA [These requirements apply to contracts for the performance of experimental, developmental, or research work.]
A. This Project is funded through a Federal award with FTA for experimental, developmental, or research work purposes. As such, certain Patent Rights and Data Rights apply to all subject data first produced in the performance of this Contract.

Contractor shall grant the AGENCY intellectual property access and licenses deemed necessary for the work performed under this Contract and in accordance with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by FTA or U.S.

DOT. The terms of an intellectual property agreement and software license rights will be finalized prior to execution of this Contract and shall, at a minimum, include the following restrictions: Except for its own internal use, Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may Contractor authorize others to do so, without the written consent of FTA, until such time as FTA may have either released or approved the release of such data to the public.

This restriction on publication, however, does not apply to any contract with an

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academic institution. For purposes of this Contract, the term “subject data” means recorded information whether or not copyrighted, and that is delivered or specified to be delivered as required by the Contract. Examples of “subject data” include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses, or other similar information used for performance or administration of the Contract.

B. The Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for “Federal Government Purposes”: (1) any subject data developed under the Contract, whether or not a copyright has been obtained; and (2) any rights of copyright purchased by Contractor using federal assistance in whole or in part by the FTA. For “Federal Government Purposes,” means use only for the direct purposes of the Federal Government. Without the copyright owner’s consent, the Federal Government may not extend its Federal license to any other party.

C. Unless FTA determines otherwise, Contractor performing experimental, developmental, or research work required as part of this Contract agrees to permit FTA to make available to the public, either FTA’s license in the copyright to any subject data developed in the course of the Contract, or a copy of the subject data first produced under the Contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of this Contract, is not completed for any reason whatsoever, all data developed under the Contract shall become subject data as defined herein and shall be delivered as the Federal Government may direct.

D. Unless prohibited by state law, upon request by the Federal Government, Contractor shall indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government.

E. Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent.

F. Data developed by Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by

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the Contract is exempt from the requirements herein, provided that Contractor identifies those data in writing at the time of delivery of the Contract work.

G. Contractor shall include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance.

38. COMPLIANCE WITH NATIONAL ITS ARCHITECTURE POLICY
[These requirements apply only to contracts for National Intelligent Transportation System projects.]
Contractor shall conform to the National Intelligent Transportation Systems (ITS) Architecture requirements of 23 U.S.C. § 517(d), unless it obtains an exemption from those requirements, and follow FTA Notice, “FTA National ITS Architecture Policy on Transit Projects,” 66 Fed.

Reg. 1455, January 8, 2001, and all other applicable federal guidance.

39. NTD REPORTING
As a condition of benefitting from federal assistance for public transportation operations, Contractor and its subcontractors must: (A) facilitate compliance with 49 U.S.C. § 5335(a), which authorizes the National Transit Database (NTD); (B) conform to the NTD reporting system and the Uniform System of Accounts and Records; (C) comply with FTA regulations, “Uniform System of Accounts and Records and Reporting System,” 49 CFR Part 630; (D) report when required to the National Transit Database in accordance with FTA regulation 49 CFR Part 630, “National Transit Database,” and applicable FTA instructions: (1) any information relating to a transit asset inventory or condition assessment; (2) any data on assaults on transit workers; (3) any data on fatalities that result from an impact with a bus; and (4) such other information as FTA may require; (E) comply with any other applicable reporting regulations, and requirements; and (F) follow FTA guidance.

40. TRAFFICKING IN PERSONS
Contractor and its subcontractors or their employees shall not: (A) engage in severe forms of trafficking in persons during the Contract Term; (B) procure a commercial sex act during the Contract Term; or (C) use forced labor in the performance of the Contract. Contractor shall inform AGENCY immediately of any information Contractor receives from any source alleging a violation of a prohibition in this section. AGENCY may terminate this Contract for any violation of this section; such right of termination is in addition to all other remedies for noncompliance that are available to the AGENCY.

41. PRIVACY ACT
Contractor agrees to: (A) comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C.

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§ 552a. Among other things, Contractor agrees to obtain the express consent of the Federal Government before Contractor or its employees operate a system of records on behalf of the Federal Government. Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract; and (B) include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA.

42. SECTION 508 COMPLIANCE
Any reports or information that will be provided to DOT or any other Federal agency must comply with Section 508 of the Rehabilitation Act of 1973.

43. DBE REQUIREMENTS
The City and its partners strive to advance the economic growth of small businesses through its Disadvantaged Business Enterprise (DBE) Program.

The City of Porterville DBE Program is managed and administered by the City’s Transportation Department. Through a coordinated effort among several city departments and partner agencies, the DBE Program provides certification and opportunities in construction, purchasing, management and technical assistance, educational services, and networking.

A. General Requirements

1. Applicable Federal Regulations. This Contract is subject to DBE requirements issued by USDOT in 49 CFR Part 26. Despite the lack of a race- and gender-conscious DBE participation goal for this Contract, the Agency must track and report DBE participation that occurs as a result of any procurement, Joint Venture, goods/services, or other arrangement involving a DBE. For this reason, the Successful Submitter shall provide all relevant information to enable the required reporting.

2. DBE Participation. For this solicitation, the Agency has not established a race- or gender-conscious DBE participation goal. The Agency extends to each individual, firm, vendor, supplier, contractor, and subcontractor an equal economic opportunity to compete for business. The Agency uses race- and gender-neutral measures to facilitate participation by DBEs and Small Businesses. The Agency encourages each Submitter to voluntarily subcontract with DBEs and Small Businesses to perform part of the work—a Commercially Useful Function—that Submitter might otherwise perform with its own forces.

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3. Small Business Participation. The Agency will track the participation of all approved businesses throughout the life of this contract. The Agency will count Small Business participation as authorized by federal regulations. A summary of these regulations can be found at www.ecfr.gov (49 CFR Part 26.39).

4. DBE Certification. Only firms (1) certified by the Agency or another CAUCP member, and (2) contracted to perform a Commercially Useful Function on scopes of work for which they are certified, may be considered to determine DBE participation resulting from race- and gender-neutral (RGN) measures on this Contract. This DBE determination affects the Agency’s tracking and reporting obligations to USDOT.

5. Civil Rights Assurances. As a recipient of USDOT funding, the Agency has agreed to abide by the assurances found in 49 CFR Parts 21 and 26. Each Contract signed by the Agency and the Successful Submitter, and each Subcontract signed by the Successful Submitter and a Subcontractor, must include the following assurance verbatim:
“The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of Porterville deems appropriate, which may include, but is not limited to: (1) withholding monthly progress payments; (2) assessing sanctions; (3) liquidated damages; and/or (4) disqualifying the contractor from future bidding as non-responsible.”
Note: For purposes of the required Contract and Subcontract language above, Successful Submitter is the “contractor” awarded the contract.

6. Subcontracts. If subcontracts will be let under this Contract, Contractor shall take the affirmative steps listed in 2 C.F.R. 200.321, which addresses contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms.

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Exhibit A – Required Forms
Form A

ADDENDUM RECEIPT
The Proposer acknowledges it has received and read the following Addenda:

Addendum # ________________________ Signature ___________________________ Addendum # ________________________ Signature ___________________________ Addendum # ________________________ Signature ___________________________ Addendum # ________________________ Signature ___________________________ Addendum # ________________________ Signature ___________________________ Company: _________________________________________________________________ Name: ____________________________________________________________________ Title: _____________________________________________________________________ Signature: _________________________________________________________________ Date: _____________________________________________________________________

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Form B

DEBARMENT AND SUSPENSION CERTIFICATION
This certification does not apply to contracts and subcontracts under $25,000. Offers that do not include this completed certification, if applicable, will be rejected as nonresponsive.

Check one box below (and provide explanation if necessary):
□ The Proposer certifies that the Proposer and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any federal department or agency;

2. Have not, within the preceding three years, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any offense described in Paragraph 2 of this certification;

4. Have not, within the preceding three years, had one or more public transactions (federal, state, or local) terminated for cause or default.
- OR –
□ The Proposer is unable to certify to all of the statements in this certification, and attaches its explanation to this certification. (In the explanation, the Proposer must certify to those statements that can be certified and explain why the other statements cannot be certified.)
The Proposer shall require that the language of this certification be included in the contract documents for all subcontractors and material suppliers at all tiers, and that all subcontractors and material suppliers shall certify and disclose accordingly.

The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 U.S.C. §§ 3801 et al. are applicable to this certification.

Company: _________________________________________________________________ Name: ____________________________________________________________________ Title: _____________________________________________________________________ Signature: _________________________________________________________________ Date: _____________________________________________________________________

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Form C

BUY AMERICA CERTIFICATION
This certification applies to contracts over $150,000 if they involve the purchase of iron, steel, manufactured goods, or rolling stock. Offers that do not include this completed certification, if applicable, will be rejected as nonresponsive.

If this Offer is valued in excess of $150,000 and involves the procurement of steel, iron, or manufactured products (as defined in 49 CFR §§ 661.3 and 661.5), the Proposer hereby certifies that it:
□ Will comply with the requirements of 49 U.S.C. § 5323(j)(1) and the applicable regulations in 49 CFR part 661;
OR
□ Cannot comply the requirements of 49 U.S.C. § 5323(j) (and 49 CFR part 661) but may qualify for an exception to the requirements pursuant to 49 U.S.C. § 5323(j)(2), as amended, and the applicable regulations in 49 CFR § 661.7.

If this Offer is valued in excess of $150,000 and involves the procurement of buses or other rolling stock (including associated equipment), the Proposer hereby certifies that it:
□ Will comply with the requirements of 49 U.S.C. § 5323(j) and the applicable regulations of 49 CFR § 661.11;
OR
□ Cannot comply with the requirements of 49 § U.S.C. 5323(j) (and 49 CFR § 661.11), but may qualify for an exception to the requirements consistent with 49 U.S.C. § 5323(j)(2)(C), as amended, and the applicable regulations in 49 CFR § 661.7.

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Form D

NON-COLLUSION AFFIDAVIT FOR PROPOSER

STATE OF CALIFORNIA
COUNTY OF__________________
_________________________________________________________declares and says:

1. That he/she is the (owner, partner, representative, or agent) of , hereinafter referred to as
(CONTRACTOR) or (subcontractor).

2. That he/she is fully informed regarding the preparation and contents of this proposal for certain work in the City of Porterville, State of California.

3. That his/her proposal is genuine and is not collusive or a sham proposal.

4. That any of its officers, owners, agents, representatives, employees, or parties in interest, including this affiliate, has not in any way colluded, conspired, connived or agreed, directly or indirectly, with any other proposer, firm, or person to submit a collusive orsham proposal in connection with such contract or to refrain to submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful Contract or connivance with any other proposer, firm, or person to fix the price or prices in said proposal, or to secure through collusion, conspiracy, connivance, or unlawful Contract any advantage against the City of Porterville or any person interested in the proposed contract; and,

5. That the price or prices quoted in the proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful Contract on the part of the proposer or any of its agents, owners, representatives, employees, or parties in interest, including this affiliate.

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Form E

CERTIFICATION OF RESTRICTIONS ON LOBBYING
This certification does not apply to contracts and subcontracts under $100,000. Offers that do not include this completed certification, if applicable, will be rejected as nonresponsive.

The Proposer certifies that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Proposer shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The Proposer shall require that the language of this certification be included in the contract documents for all subcontractors and material suppliers at all tiers, and that all subcontractors and material suppliers shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

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Form F

TAX LIABILITY CERTIFICATION
This certificate applies to all contracts. Offers that do not include this completed certification will be rejected as nonresponsive.

The Proposer certifies that:

1. It has no unpaid federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability;

2. It has not been convicted of a felony criminal violation under any federal law within the preceding 24 months; and

3. It shall require that the language of this certification be included in the award documents for all subcontractors and material suppliers at all tiers, and that all subcontractors and material suppliers shall certify and disclose accordingly.

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Form G
ACKNOWLEDGEMENT OF “BEST VALUE” SELECTION PROCESS
PROPOSER hereby acknowledges that the selection process under this RFP will evaluate Proposals on a “Best Value” basis, which the Federal Transit Administration’s (FTA) Best Practices Manual defines as follows:
“Best Value” is a selection process in which proposals contain both price and qualitative components, and award is based upon a combination of price and qualitative considerations.

Qualitative considerations may include technical design, technical approach, quality of proposed personnel, and/or management plan. The award selection is based upon consideration of a combination of technical and price factors to determine (or derive) the offer deemed most advantageous and of the greatest value to the procuring agency.

As a result, PROPOSER further acknowledges that pricing will not be the sole basis upon which Proposals are evaluated.

An individual authorized to bind the PROPOSER to this Agreement must sign below acknowledging and understanding of the foregoing.

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Exhibit B – Sample General Services Agreement

CITY OF PORTERVILLE

GENERAL SERVICES AGREEMENT WITH
[insert full name of Contractor and Project Name and/or number] This General Services Agreement (Agreement) is entered into between the City of Porterville, a municipal corporation (City), and _______________________ [complete name of legal business entity], a __________________ [business status, such as a California corporation] (Contractor). City and Contractor are referred to individually as “Party” and collectively as “Parties.”
Recitals
A. City desires to retain Contractor to complete a XXXXXXXXX Project (Project); and B. On XXXXXXX, the City issued a Request for Proposals (RFP) for the XXXXXXXXXX (Project). On XXXXXX, Contractor submitted its proposal for the Project to the City. City has determined that Contractor possesses the skills, experience and certification required to provide the goods and services.

C. After negotiations between the City and Contractor, the Parties have reached an agreement for the performance of services in accordance with the terms set forth in this Agreement.

D. This Agreement is being executed pursuant to Resolution No. ______-2024 approved by the Porterville City Council on ____________, 2024.

Now therefore, the Parties mutually agree as follows:

1. Scope of Work. Contractor shall provide the goods and services required to complete the Project, described in Exhibit “A” attached hereto and incorporated herein by reference. The goods and services shall be performed by, or under the direct supervision of, Contractor’s Authorized Representative: __________________. Contractor shall not replace its Authorized Representative, nor shall Contractor use or replace any subcontractor or subcontractor, without City’s prior written consent. The City may terminate this Agreement if Contractor makes any such change or replacement, or uses any unapproved subcontractor or subcontractor.

2. Time of Performance. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Contractor shall begin performance, and shall complete all required services no later than the dates set forth in Exhibit “A.” Any services for which times for performance are not specified in this Agreement shall be started and completed by Contractor in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Contractor. Contractor shall submit all

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requests for time extensions to the City in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. City shall grant or deny such requests at its sole discretion.

2.1. Term. The Term of this Agreement shall begin on _____________ and end on ___________, unless terminated in accordance with Section 6.

3. Compensation. City shall pay Contractor on a lump sum basis, at the billing rate set forth in Exhibit “C”, attached hereto and incorporated herein by this reference for goods and services performed under this Agreement.

3.1. Not to Exceed Amount. Contractor’s total compensation under this Agreement shall not exceed $_______________. Contractor’s billing rates shall cover all costs and expenses for Contractor’s performance of this Agreement. No work shall be performed by Contractor in excess of the total compensation amount provided in this section without the City’s prior written approval. Notwithstanding anything contained herein to the contrary, the payment of any funds under this Agreement shall be subject to the City of Porterville’s appropriation of funds for the Services. This Agreement shall terminate in the event that such funds are not appropriated.

3.2. Invoices. Contractor shall submit monthly invoice(s) to the City that describe the goods and services performed, including times, dates, and names of persons performing the services.

3.2.1. Contractor’s failure to submit invoice(s) in accordance with these requirements may result in the City rejecting said invoice(s) and thereby delaying payment to Contractor.

3.3. Payment. Subject to the City acceptance of the Services as discussed in Exhibit A attached hereto and completion of the Project to the City’s satisfaction, within 30 days after the City’s receipt of invoice(s), City shall make payment to the Contractor based upon the services described on the invoice(s).

3.4. The acceptance by Contractor of the final payment made under this Agreement shall constitute a release of City from all claims and liabilities for compensation to Contractor for anything completed, finished or relating to Contractor’s services. Contractor agrees that payment by City shall not constitute nor be deemed a release of the responsibility and liability of Contractor or its employees, subcontractors, agents and subcontractors for the accuracy and competency of the information provided and/or services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Contractor, its employees, subcontractors, agents and subcontractors.

3.5. Contractor agrees to maintain books, accounts, payroll records and other information relating to the performance of Contractor’s obligations under the Agreement, which shall adequately and correctly reflect the expenses incurred by the Contractor in the

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performance of Contractor’s work under the Agreement. Such books and records shall be open to inspection and audit by the City during regular business hours for three years after expiration or termination of this Agreement.

4. Indemnification. Contractor shall, to the fullest extent permitted by law, indemnify, defend (with independent counsel approved by the City), and hold harmless the City from and against any claims arising out of Contractor’s performance or failure to comply with obligations under this Agreement, except to the extent caused by the sole, active negligence or willful misconduct of the City.

In the event there is a finding and/or determination that Contractor is not an independent contractor and/or is an employee of City, including but not limited to any such finding and/or determination made by the California Public Employees’ Retirement System (CalPERS), the Department of Industrial Relations (DIR), or the Internal Revenue Service (IRS), Contractor shall, to the fullest extent permitted by law, indemnify, defend, and hold harmless the City from and against any all claims relating to or in connection with such a finding and/or determination.

In this section, “City” means the City, its officials, officers, agents, employees and volunteers; “Contractor” means the Contractor, its employees, agents and subcontractors; “Claims” includes claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses) and any allegations of these; and “Arising out of” includes “pertaining to” and “relating to”.
(The duty of a "design professional" to indemnify and defend the City is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, under Civ. Code § 2782.8.)
Contractor and City mutually waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement.

The provisions of this section survive completion of the services or the termination of this Agreement, and are not limited by the provisions of Section 5 relating to insurance.

1. Insurance. Contractor shall, throughout the duration of this Agreement, maintain insurance to cover Contractor, its agents, representative, and employees in connection with the performance of services under this Agreement at the minimum levels set forth herein.

1.1. Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) “per occurrence” coverage shall be maintained in an amount not less than $4,000,000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.

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1.2. Automobile Liability (with coverage at least as broad as ISO CA 00 01 07 097, for “any auto”) “claims made” coverage shall be maintained in an amount not less than $1,000,000 per accident for bodily injury and property damage.

1.3. Workers’ Compensation coverage shall be maintained as required by the State of California.

1.4. Professional Liability “claims made” coverage shall be maintained to cover damages that may be the result of errors, omissions, or negligent acts of Contractor in an amount not less than $1,000,000 per claim.

1.5. Endorsements. Contractor shall obtain endorsements to the automobile and commercial general liability insurance policies with the following provisions:

1.5.1. The City (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional “insured.”

1.5.2. For any claims related to this Agreement, Contractor’s coverage shall be primary insurance with respect to the City. Any insurance maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it.

1.6. Notice of Cancellation. Contractor shall notify the City if the policy is canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. Contractor shall immediately obtain a replacement policy.

1.7. Authorized Insurers. All insurance companies providing coverage to Contractor shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.

1.8. Insurance Certificate. Contractor shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the City, before the City signs this Agreement.

1.9. Substitute Certificates. Contractor shall provide a substitute certificate of insurance no later than 30 days prior to the policy expiration date of any insurance policy required by this Agreement.

1.10. Contractor’s Obligation. Maintenance of insurance by the Contractor as specified in this Agreement shall in no way be interpreted as relieving the Contractor of any responsibility whatsoever (including indemnity obligations under this Agreement), and the Contractor may carry, at its own expense, such additional insurance as it deems necessary. Failure to provide or maintain any insurance policies or endorsements required herein may result in the City terminating this Agreement.

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2. Termination. The City may terminate this Agreement in its sole and absolute discretion by giving ten (10) days’ written notice to Contractor. Within five (5) days of such a termination, Contractor shall give the City all original documents relating to the Services in Contractor’s possession or control, including, without limitation, preliminary drafts and supporting documents, and any other documents prepared by Contractor pursuant to this Agreement. The City shall pay Contractor for all services satisfactorily performed in accordance with this Agreement, up to the date notice is given.

3. Dispute Resolution. If any dispute arises between the City and Contractor that cannot be settled after engaging in good faith negotiations, City and Contractor agree to resolve the dispute in accordance with the following:

3.1. Each Party shall designate a senior management or executive level representative to negotiate the dispute.

3.2. The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority,

3.3. If the issue remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiations between legal counsel. If the aforementioned process fails, the Parties shall resolve any remaining disputes through mediation to expedite the resolution of the dispute.

3.4. The mediation process shall provide for the selection within fifteen (15) days by both Parties of a disinterested third person to serve as the mediator, shall be commenced within thirty (30) days of selection of a mediator, and shall be concluded within fifteen (15) days from the commencement of the mediation.

3.5. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

3.6. The dispute resolution process is a material condition of this Agreement and must be exhausted prior to either Party initiating legal action. This dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code §§ 900 et seq.

4. Labor Code Compliance. Contractor is aware of the requirements of Chapter 1 of Part 7 of Division 2 of the California Labor Code and applicable regulations which require the payment of prevailing wage rates (§1771, §1774, and §1775); employment of apprentices (§1777.5), certified payroll records (§1776), hours of labor (§1813 and §1815), debarment of contractors and subcontractors (§1777.1) and the performance of other requirements on “public works” and “maintenance” projects. The services being performed under this Agreement are part of a “public works” or “maintenance” project, as defined in the Prevailing Wage Laws, Contractor agrees to fully comply with such Prevailing Wage Laws.

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5. Rates. These prevailing wage rates are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to perform the services described herein. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half. Contractor assumes all responsibility for such payments and shall defend, indemnify and hold the City harmless from any and all claims made by the State of California, the Department of Industrial Relations, any subcontractor, any worker, or any other third party.

6. Registration with DIR. Contractor warrants that it is registered with the Department of Industrial Relations and qualified to perform the services consistent with Labor Code section 1725.5

7. Monitoring. This Agreement will be subject to compliance monitoring and enforcement by the DIR, under Labor Code section 1771.4.

8. Ownership of Work. All original documents prepared by Contractor for this Agreement, whether complete or in progress, are the property of the City, and shall be given to the City at the completion of Contractor’s Services, upon termination of this Agreement, or upon demand from the City. No such documents shall be revealed or made available by Contractor to any third party without the City’s prior written consent.

9. Independent Contractor Status. Contractor is an independent contractor and is solely responsible for the acts of its employees or agents, including any negligent acts or omissions.

Contractor is not City’s employee and Contractor shall have no authority, express or implied, to act on behalf of the City as an agent, or to bind the City to any obligation, unless the City provides prior written authorization. Contractor is free to work for other entities while under contract with the City. Contractor, and its agents or employees, are not entitled to City benefits.

10. Conflicts of Interest. Contractor (including its employees, agents, and subcontractors) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. If Contractor maintains or acquires such a conflicting interest, the City may terminate any contract (including this Agreement) involving Contractor’s conflicting interest.

11. Rebates, Kickbacks, or Other Unlawful Consideration. Contractor warrants this this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any City official or employee. For any breach of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without liability; to pay only for the value of the work actually performed; to deduct from the contract price the value of the rebate, kickback, or other unlawful consideration; or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

12. Notices. All notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally delivered or mailed to the other party to the addresses listed below. Communications shall be deemed to have been given on the first to occur of: (1) actual receipt at the address designated below, or (2) three working days after

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the deposit in the United States Mail of registered or certified mail, sent to the address designated below.

To City: To Contractor
City of Porterville ____________________________
Transportation Department ____________________________
291 N. Main Street ____________________________
Porterville, CA 93257 ____________________________

13. Miscellaneous

13.1. Standard of Care. Unless otherwise specified in this Agreement, the standard of care applicable to Contractor’s services will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality, and under the same or similar circumstances.

13.2. Amendments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.

13.3. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. No waiver shall be effective unless it is in writing and signed by the waiving party.

13.4. Assignment and Delegation. Contractor may not assign, transfer or delegate this Agreement or any portion of it without the City’s prior written consent. Any attempt to do so will void. City’s consent to one assignment, transfer or delegation shall not be deemed to be consent to any subsequent assignment, transfer or delegation.

13.5. Jurisdiction and Venue. The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California.

Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Tulare.

13.6. Compliance with Law. Contractor shall comply with all applicable local, state, and federal laws, whether or not those laws are expressly stated in this Agreement.

13.6.1. Hazardous Materials. Contractor is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of performing their services.

13.6.2. Non-discrimination. Contractor represents and warrants that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, color, national origin,

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handicap, ancestry, sex or age. Contractor shall also comply with all applicable antidiscrimination federal and state laws, including but not limited to, the California Fair Employment and Housing Act (Gov. Code 12990 (a-f) et seq.)

13.7. Business Entity Status. Contractor is responsible for filing all required documents and/or forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, to the extent such requirements apply to Contractor. By entering into this Agreement, Contractor represents that it is not a suspended corporation. If Contractor is a suspended corporation at the time it enters this Agreement, City may take steps to have this Agreement declared voidable.

13.8. Business License. Before the City signs this Agreement, Contractor shall obtain a City of Porterville Business License. Contractor shall maintain an active City of Porterville Business License during the term of this Agreement.

13.9. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.

13.10. Construction of Agreement. Each Party hereto has had an equivalent opportunity to participate in the drafting of this Agreement and/or to consult with legal counsel.

Therefore, the usual construction of an agreement against the drafting Party shall not apply hereto.

13.11. Severability. If a term of this Agreement is held invalid by a court of competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in effect.

13.12. Controlling Provisions. In the case of any conflict between the terms of this Agreement and Exhibits hereto, and Contractor’s proposal (if any), the Agreement shall control. In the case of any conflict between the Exhibits hereto and the Contractor’s proposal (if any), the Exhibits shall control.

13.13. Entire Agreement. This Agreement and the Attached Exhibits comprise the entire integrated understanding between the Parties concerning the services to be performed.

This Agreement supersedes all prior negotiations, representations or agreements. All exhibits attached hereto are incorporated by reference herein.

13.14. Counterparts. City and Contractor agree that this Agreement may be executed in two or more counterparts, each of which shall be deemed an original.

13.15. Expenses for Enforcement. Contractor and City agree that the prevailing party’s reasonable costs, attorneys’ fees and expenses, including investigation fees and expert witness fees, shall be paid by the non-prevailing party in any dispute involving the terms and conditions of this Agreement.

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14. Signatures. The individuals executing this Agreement on behalf of Contractor represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of Contractor.

The Parties agree to the full performance of these terms set forth here.

City of Porterville Contractor
291 N. Main Street ____________________________
Porterville, CA 93257 ____________________________
By: Martha A. Flores____________ By: _________________________ Title: Mayor _____ Title: ________________________
Date: __________________ Date: ________________________ Federal Employer Tax ID No. ____________
Signature: _____________________ Signature: ___________________________ Attest:
_____________________________
Patrice Hildreth, City Clerk
Approved as to form:
_____________________________
Julia M. Lew, City Attorney
Exhibits:

A. RFP No.XXX XXXXXXXXXXX
B. Contractor Proposal
C. Compensation

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Attachment 1
Fleet and Fuel Management Technical Specifications

1.0 General Requirements Comply Comments
System manufacturer must have a minimum
of ten (10) years’ experience in the design
and manufacture of fuel management
equipment.

The proposed system must conform to ISO
9001:2000 standards for quality management
systems.

System shall be ETL listed and approved for
electrical, fire, and mechanical safety.

The system must be expandable for future
expansions in the number of fuel sites,
vehicles, drivers, dispensers and nozzles.

2.0 Fueling Procedure
The system shall allow automated and
manual fueling.

In the fully automated mode, all control,
authorization and accounting operations will
be conducted automatically by the fuel
management system with no manual input
required by the operator using the fuel

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facility. The automated fueling procedure
shall be as follows:

The system shall automatically identify the
vehicle when the fuel nozzle is inserted into
the vehicle’s fuel inlet.

The system shall turn on the corresponding
fuel dispenser only if the vehicle is
authorized for fueling as determined by the
site controller set of conditions as described
hereafter.

The system shall automatically suspend
fueling if the nozzle is removed from the
vehicle fuel inlet or no pulses are detected
from the fueling pump.

The system shall append to the same
transaction if the nozzle is re-inserted into
the same vehicle within a specified period of
time. The transaction shall be terminated if
the specified period of time elapses or if the
dispenser is turned off.

When vehicle data modules are installed, the
controller shall store the fuel transactions,
odometer reading and engine hour.

The system shall also have the capability to
capture other vehicle data such as idle time,
speeding, distance, PTO, up to two auxiliary
engine hour timers, and other On-Board
Diagnostic (OBD) vehicle error codes into a

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centralized management and reporting
system.

In manual fueling, a contactless tag or card
with no moving parts shall be available as
alternative method for initiating a fueling
transaction.

A two-stage authorization process shall be
provided by identifying both the vehicle and
the driver prior to refueling. Both driver and
vehicles IDs should be stored in the
transaction. The two-stage authorization
process should be flexible enough to link the
vehicle device either to a specific driver or to
a list of drivers.

3.0 System Description

3.1 System Configuration
The site controller shall be a stand-alone unit
comprising all required peripherals including
the central processing unit, display panel,
pump control module, communication
modules, and optional receipt printer.

The site controller shall be web enabled to
allow independent real-time control,
monitoring and reporting via the web using
user ID with password and SSL protected
link (https://).

In the automated mode, the passive fuel ring
or passive tag installed around the fuel inlet

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on the vehicle shall be used for automated
fuel authorization.

The site controller shall have a wireless
access point communicate to all forecourt
devices including the nozzle readers and
vehicle data modules.

The nozzle readers shall communicate with
the passive fuel ring or passive tag for fuel
authorization.

The wireless access point shall communicate
with wireless vehicle data module to retrieve
data such as odometer reading, engine hours,
fault codes, and idle time at a minimum.

The site controller shall communicate with a
secure multi-tenant Cloud Hosted Software
for the purpose of centralized control and
monitoring of multiple sites.

Must be capable of handling several hundred
sites.

Refueling shall take place regardless of the
connectivity to the Cloud Software.

Refueling limits and restrictions shall be
'pushed' from the Cloud Hosted Software to
all fuel site controllers enabling off-line
refueling with limits and restrictions also
when communication is not available.

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3.2 System Operation
Upon insertion of the nozzle into the vehicle
fuel inlet the nozzle reader device shall
communicate with the passive fuel ring,
retrieve data for fuel authorization, and
transmit the data to the wireless access point.

If the vehicle has a vehicle data module
installed, the wireless access point shall
detect the vehicle at the fuel site and retrieve
data such as an odometer reading, engine
hours, fault codes, and idle time from the
vehicle data module.

The wireless access point shall append the
passive fuel ring or passive tag to the vehicle
module data and transfer it to the site
controller.

The site controller shall authenticate the data
retrieved from the vehicle and check it
against the existing set of limits and
restrictions. If all conditions are met, the site
controller shall authorize immediate
refueling.

If the nozzle is removed during the refueling
process, the nozzle reader device shall detect
the removal and shall send an indication
through the wireless access point to suspend
refueling. When the nozzle is reinserted
within a specified (configurable) period of
time, refueling shall resume.

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At the end of the refueling process, the
nozzle is reinserted into the dispenser cradle
and the transaction data is sent from the site
controller to the Cloud Hosted Software.

Vehicle not installed with passive fuel ring
or passive tag shall have the possibility to
use manual authorizing devices including
contactless cards or tags.

4.0 Site Controller

4.1 General
The site controller shall control up to 8
mechanicals and / or 48 electronic hoses in
one terminal.

The site controller shall store up to 25,000
transactions and 50,000 vehicles/devices
with the ability to set limitations and
restrictions.

The site controller shall be available for
refueling 24/7.

Site controller shall work in online and offline modes, in case of communication failures with the Cloud Hosted Software.

When communication is established again,
the system shall synchronize data
automatically.

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The site controller shall have an embedded
hardware platform designed to survive the
harsh fueling depot environment.

The site controller shall use a solid-state
Flash disk and RTC (Real Time Clock) with
back up, along with surge suppressors for
transient and noise immunity.

The system shall include a power fail
recovery mechanism. The CPU shall have no
edge connectors and no hard disk (no
moving parts).

The site controller shall have a high-level
data protection through two separate isolated
TCP/IP Ethernet network ports. One port
shall be used for site peripherals interface
and the second port for external
communication to the network (Remote
access, Cloud Hosted Software and 3rd party
systems) protected by SSL security.

The site controller shall have the following
additional capabilities:
• Secured remote capabilities for
monitoring, management and
maintenance activities
• Flexible with all types of
communication including
TCP/IP, wireless Ethernet bridge
modems, and cellular
communications.
• Web enabled reporting and
alarms for Tank Level Sensing

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(TLS) systems (Veeder Root-350
and VR-450 protocols)
• Fuel management software for
reconciliation reports
• Accessible via Internet browser to
control and monitor the system.

No requirement to install
dedicated software.
• Real time web-based dynamic
graphical monitoring and control
of dispensers
• Remotely open a pump and limit
the quantity to a specific
transaction
• Able to update fuel price at a
specific time
• Remote maintenance, remote
troubleshoot and remote software
upgrades of the various
components of the system
The following physical, electrical and
environmental specifications shall be
provided:
• Supply voltage: 100 – 240 VAC
• Power consumption: 2A max.
• Operating temperature without
printer: -40 F to +149 F (-40 C to
+65 C)
• Operating temperature with
printer: -40 F to +140 F (-40 C to
+60 C)
• Communication interface: RS485–9600 bps, Half-Duplex, RS232, Ethernet RJ-45-10 Mbps, EIA 802.15.4

4.2 Tank Level Sensing (TLS) Interface

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The site controller shall support Veeder Root
TLS 350 and Veeder Root TLS 450
protocols
The TLS will be connected to the site
controller via TCP/IP communication port or
the RS-232 port to allow fuel management
capabilities.

The site controller shall have the possibility
to define the following communication
parameters; Baud rate, Parity, Data bit, Stop
bit, and Flow control.

The site controller shall collect the following
data from TLS equipment:
• 12:00 midnight shift inventory
volume for tanks
• Tank inventory level; CSLD
(Leak Detection) status –
Pass/Fail
• Fuel delivery information; Water
Level
• Water levels, Temperature,
Alarms (Leak, Overfill, Sump,
Sensor, etc)
• Alarms shall flash continuously
on the main screen and could be
sent via email

4.3 The Pedestal
The pedestal shall be a slim powder coated
metal designed for easy installation and
service with a painted stainless-steel base
option. The paint application for the entire

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pedestal terminal shall consist of a
positive/negative charged ionization process
for superior bonding. All materials shall be
tested to sustain Oil, Fuel, Sun, Water and
Salt.

There shall be 4 pedestal options:
• Standard with dimensions of 11.5”
(29.2cm) x 11.8” (30 cm) x 62.2”
(158 cm) tall
• ADA: 11.5” (29.2cm) x 11.8” (30
cm) x 50” (128 cm) tall
• Stainless Standard: Same dimensions
as the standard and painted to match
the head.
• Stainless ADA: same dimensions as
the ADA and painted to match the
head
The pedestal shall allow front door access for
maintenance and wiring and shall enable
flexible installation on the fueling island.

The pedestal display panel shall consist of:
• Illumination for keyboard and display
• Multimedia Color Display
• Full Alphanumeric Vandal Proof
Keyboard
• Contactless Card/Tag Reader
• Wireless access point for use with
passive fuel ring or passive tag for
wireless vehicle identification
(optional)
• Horizontal Magnetic Card Reader
(optional)
• HID Reader (optional)

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4.4 Receipt Printer (optional)
Optional outdoor receipt printer with 40m x
57mm paper roll including automatic paper
cutter and alarms indicating low-paper and
paper-out (alarms shall be available via
email and displayed online with secured
access)

4.5 Site Controller Software
The system shall be based on web server
technology and enable easy secured (SSL)
remote access through the network using a
standard PC with an internet browser,
without the need for any other software
application.

The browser interface shall allow control and
monitoring, maintenance activities, report
generation with advanced filters and
templates, graphical monitoring of fuel
levels, on-line pump monitoring, and more.

The site controller shall support mechanical
and electronic dispensers. All links shall be
protected and isolated for maximum
reliability.

The system shall store transaction data as
well as driver and vehicle records into its
database using FLASH disk. Other critical
data such as fueling limits and restrictions
shall also be stored in the database.

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The system shall have the ability to use the
following authorization devices:
• Passive fuel rings or passive tags
• Wireless Vehicle data modules
• Contactless cards or tags
• Mag. Cards (track 2 and 3)
• Keyboard entry authorization
• Optional HID reader
Authorization schemes shall include the
following scenarios:
• Single device authorization
• Two stage authorization (based on
two authorization devices)
• Add-on keyboard entries: PIN code,
vehicle ID, odometer reading, engine
hours, and or job code.

The system shall have the option to collect
data from driver before refueling, such as:

PIN, Odometer, vehicle ID, etc.

The system shall provide odometer
reasonability checks for data accuracy.

The site controller shall allow the possibility
to work offline with all limits and restrictions
System shall have the option to approve or
decline refueling according to pre-defined
limits and restrictions for the specific unit.

Such limitations shall include:

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Fuel System Upgrades
• Limit of daily, weekly and monthly
refueling volume or sales amount.
• Enable or disable vehicle refueling on
specific days (weekdays for example)
and/or specific time slots within a
day (nighttime for example)
• Limit the maximum refueling
sessions for a specific vehicle per
day, week or month.
• Block specific stations for a specific
vehicle (if vehicle is restricted for
operation in a specific zone).
• Restriction of specific fuel types for
refueling of a specific vehicle.

5.0 Wireless access point
The wireless access point shall be integrated
into the site controller.

The wireless access point shall retrieve data
from the passive fuel ring or passive tag and
the vehicle data modules.

The wireless access point shall decrypt the
protected data and send the complete vehicle
information to the site controller using a
TCP/IP Ethernet link.

The wireless access point shall include two
wireless channels (802.15.4) with two
antennas that work simultaneously to
overcome possible blocking of the RF or
channel.

The wireless access point shall communicate
with the nozzle reader device and the vehicle

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Fuel System Upgrades
data modules using a short range 2.4 GHz
wireless communication.

The wireless access point shall identify the
vehicle at the fuel site.

6.0 Nozzle reader device
The nozzle reader device shall not have any
wires
The nozzle reader device shall read the data
off the passive fuel ring or passive tag
(mounted around or near the vehicle fuel
inlet) and transmit the encrypted data over
wireless link to the wireless access point.

The nozzle reader device shall read the
passive fuel ring or passive tag using
contact-less technology with anti-spoofing
mechanism to protect against cloning of
vehicle devices (recording the pattern that is
transmitted by a specific vehicle and creating
a clone).

The nozzle reader device shall transmit the
encrypted fuel ring data to the wireless
access point installed in the fuel island using
a 2.4 GHz encrypted wireless network
communication
The nozzle reader device shall be a selfcontained unit installed on the nozzle. No

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Fuel System Upgrades
wires shall be connected to the nozzle reader
device.

The nozzle reader device shall have a
customized design for most common nozzle
types.

Must have a version to fit high speed
nozzles.

The nozzle reader device shall fit onto
existing fueling nozzles and cradles of most
common dispensers.

The nozzle reader device shall have a green
LED light to indicate:
• The nozzle reader device has detected
a passive fuel ring or passive tag
• The nozzle reader device is in
operation

7.0 Passive fuel ring or passive tag
The passive fuel ring or passive tag shall be
mounted around the vehicle fuel inlet.

The passive fuel ring or passive tag
encrypted data shall be read by the nozzle
reader device using RFID contact-less
technology.

The passive fuel ring or passive tag shall be a
low-cost device designed for vehicle
identification and fuel transaction recording
only.

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Fuel System Upgrades
The fuel ring shall have the following
characteristics:
• Does not require a hard-wire
connection to vehicle module
• Passive transponder (No power
source required)
• No wiring
• No RF interferences.
• Easy to install (No professional
manpower shall be required)
• Install within a few minutes
• Available in various sizes to meet
most vehicle requirements
• The passive fuel ring or passive
tag shall have an anti-theft and
tamper resistant if it is removed
from the vehicle
• The passive fuel ring or passive
tag shall have the following
environmental specifications:
• Operating temperature range: -
40C to +85C
• Bounce and vibration to meet
automotive requirements

8.0 Vehicle Data Modules
The following vehicle data modules shall be
available:

8.1 Vehicle data module for OBDII
Must be a plug-in vehicle data module for
CANBUS protocol

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Fuel System Upgrades
Software updates to the vehicle data bus
modules shall be accomplished through the
site controller.

The vehicle module shall be capable to be
installed on any vehicle type with an OBDII
connector using CANBUS protocol.

It shall also be able to connect to older
vehicle which have vehicle speed sensor
(VSS) for odometer reading and engine hour
reading.

The vehicle data bus modules shall be easily
installed by non-technical personnel.

8.2 Vehicle data module for J1708 and J1939
The vehicle module shall be a miniature
wireless device. The module shall be wired
to the vehicle diagnostic connector (J1708 or
J1939) or use a quick connect cable intended
for heavy vehicles and trucks.

It shall also be able to connect to older
vehicle which have vehicle speed sensor
(VSS) for odometer reading and engine hour
reading.

9.0 Vehicle Programmer

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Fuel System Upgrades
Vehicle programmer should be wireless and
used to program passive ring or passive tag
and vehicle data modules.

Vehicle programmer should be wireless for
easy diagnostics of passive ring or passive
tag and vehicle data modules.

10.0 Cloud Hosted Software
The Cloud Hosted Software must be modular
in design. The intent is single sign on for all
things fleet related.

10.1 General Information
The cloud software system must be modular
in design.

Ability to enroll and un-enroll in modules
and features based on customer needs.

The system shall be a cloud-based web
server communicating with all sites to
provide centralized data base and on-line
network access for fleet managers, key
personnel, and remote maintenance entities,
providing 24/7 on-line access through the
network.

The cloud hosted software shall create and
control several fleets and departments and
support different privilege levels for limited
access for different users (for example, a Fleet
manager can only manage the Vehicles in

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Fuel System Upgrades
his/her own Fleet).

The cloud hosted software shall provide
advanced on-line services for multiple sites
and multiple fleets in a region.

The cloud hosted software shall support
multiple fuel sites/equipment and allow data
consolidation.

The cloud hosted software shall synchronize
data with all sites in near real-time.

The cloud hosted software shall provide
secure log-in through the Web for each fleet
manager, for monitoring & control and
report generation including exception
reports.

The cloud hosted software application can
interface to other applications via Web
Services, import and export of files to FTP
and ODBC standard.

The cloud hosted software should have
ability to show all fuel suppliers available in
the US and allow you to select which ones
can service our fuel locations.

The cloud hosted software must have an
optional, private cellular network to connect
to devices such as inventory monitors, card
readers, and other petroleum equipment.

The cloud hosted software web interface

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Fuel System Upgrades
shall use SSL security.

Cloud hosted software shall be able to
integrate with Active Directory SSO or
similar application.

10.1.1 Fuel Site Module
Must have Fuel Control and Transaction
Tracking.

Must enhanced transaction reporting with
ability to export data.
.

Must have ability to have a Fleet Fuel card
acceptance – Local auth or networked.

Must have Direct “live” connection to Card
Reader from your desktop or mobile device.

Must have the ability to create custom
exports and data feeds to other back office
software systems (Oracle, SAP, etc)
Must have full inventory reconciliation with
Bill of Lading and Veeder Root TLS
deliveries.

Must have direct “live” connection to Veeder
Root TLS from your desktop or mobile
device.

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Must have ability to capture and regenerate
reports from the Veeder Root TLS such as
but not limited to:

Delivery Report, Leak test Results, leak test
history, alarm sensor status, CSLD results,
alarm history report.

Must be able to integrate with Veeder-Root,
Smart Tank, Centeron, Levelcon, and
Numerex Tank Monitoring Systems.

10.1.2 Fuel Card Module
Must have embedded fleet fuel card offering
inside the system so there is no need to sign
on to multiple systems.

Must aggregate all retail transactions into the
software system to see both onsite and offsite
transactions.

Must allow scoping for users to only see
specific departments data, including fuel
cards, vehicles, drivers, and transactions
Must be able to generate monthly invoices
for retail purchases.

Must be able to visually represent retail
purchases relative to “home-based sites” and
identify areas of unnecessary retail
purchases.

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Must be able to identify exception reports for
fleet managers including but not limited to
transaction velocity, premium fuel
purchases, zero odometer transactions, other
purchases such as service and wash jobs.

Must be able to consolidate retail reporting
with onsite data from the fuel control system
so there is no need merge multiple data sets.

10.1.3 Bulk Fuel Module
Fully integrated bulk fuel dispatch system
that allows users to order fuel directly from
the software system.

Ability to identify possible red flags or
billing discrepancies based on delivery data
keyed in by users.

Must have a digital document repository
library of Invoices, BOL’s, Driver Tickets,
etc.

Ability to connect with and manage various
suppliers through a connected web of bulk
fuel loading racks (Supplier Management).

Fuel Supplier scorecard based on an index
with rack average, published freight rates
and other approved fuel suppliers pricing.

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Ability to benchmark supplier prices against
a national standard such as DTN Rack
Average + standard freight and margin.

Ability to show market trends from real time
data feed for all fuel racks in the US.

10.1.4 Fleet Maintenance Module
Must have the ability to create custom
vehicle inspection forms.

Must have the ability to be used on mobile or
tablet view.

Must have the ability to schedule inspections
and PM’s on set intervals for vehicles.

Must have ability to assign technicians to
vehicles and have all work automatically
default to the correct Technician login page.

Must have the ability to create technicians
and allow technicians to login to restricted
system for only their work.

Must have the ability to enable a time clock
feature with time tracking for technicians for
payroll and productivity.

Must have the ability to integrate with
Telematics companies such as

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Fuel System Upgrades
TeletracNavman, GeoTab, and Verizon
Fleet.

Must have the ability to create work orders
and inspections for vehicles.

Must have ability to add expense and service
entries to vehicles.

Must be able to calculate total cost per
vehicle.

Must be able to import parts list and assign
parts during work orders.

Must be able to generate “parts usage report”
with custom date range.

11.0 Service and Support
Must have local distribution (within short
driving distance to listed fuel sites) and
manufacture certified technicians for
installation and on-site service throughout
the US.

Must have project management team
expertise with large national rollouts.

Provide 3 references of rolling out hundreds
of fuel sites.

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Must have 24-hour help desk support for
software updates, troubleshooting, and
training.

12.0 Warranty
Minimum of 12 months system Parts and
Labor warranty.

Be able to provide optional warranty up to 5
years.

CITY OF PORTERVILLE

CONTRACT ADDENDUM
PROJECT TITLE: Fuel System Upgrades
RFP NO: RFP # 24/25-SR1978
ADDENDUM NO: 1
ISSUED: November 8, 2024

TO ALL BIDDERS,
Notice is hereby given that certain sections contained in the above referenced Contract Documents are amended, clarified, and/or deleted and are identified as Addendum No. 1 and attached hereto.

THEREFORE: All Bidders are required to note this Addendum No. 1, and all other Addendums, in the Acknowledgement of Addenda Page to be considered a responsible, responsive bidder.

Sincerely,
Richard Tree
Director of Transportation
Attachment
City of Porterville
RFP 24/25-SR1978 11/8/2024
Addendum No. 1
- 2 -
Attachment
PROPOSALS will be received by the Transportation Department, submitted through the Public Purchase website, until 2:00 P.M. on Tuesday, September 24, 2024, for the Contract to provide low carbon fuel standard (LCFS) services. Proposals must be submitted through the Public Purchase website.

A mandatory site visit is REQUIRED in order to be familiar with the site and the work to be performed. To examine the site, please contact the Director of Transportation, Richard Tree at (559) 782-7514 or [email protected].

All other terms and conditions remain unchanged.

END OF ADDENDUM No. 1
/s/ Richard Tree
Transportation Director
Note: This Addendum must be acknowledged in the Acknowledgement of Addenda page to be considered a Responsive bid.

P:\public\Transit\RFP's\Fuel System Upgrades\RFP 24-25-SR1978 Addendum 1.docx

CITY OF PORTERVILLE

CONTRACT ADDENDUM
PROJECT TITLE: Fuel System Upgrades
RFP NO: RFP # 24/25-SR1978
ADDENDUM NO: 2
ISSUED: September 12, 2024

THEREFORE: All Bidders are required to note this Addendum No. 2, and all other Addendums, in the Acknowledgement of Addenda Page to be considered a responsible, responsive bidder.

Sincerely,
Richard Tree
Director of Transportation
Attachment
City of Porterville
RFP 24/25-SR1978 9/12/2024
Addendum No. 1
- 2 -
Attachment
Questions & Answers

1. Dispenser Replacements; Can you confirm the only dispensers to be replaced are the (4) Unleaded & Diesel dispensers at City Corporation Yard and (1) AVGas & (1) Jet A at the Proterville Airport?
a. Yes, that is correct.

All other terms and conditions remain unchanged.

END OF ADDENDUM No. 2
/s/ Richard Tree
Transportation Director
Note: This Addendum must be acknowledged in the Acknowledgement of Addenda page to be considered a Responsive bid.

P:\public\Transit\RFP's\RFP 24-25-SR1978 - Fuel System Upgrades\RFP 24-25-SR1978 Addendum 2.docx STATEMENT of QUALIFICATIONS
3235 F STREET | SAN DIEGO, CA 92102
9215 ARROW ROUTE | RANCHO CUCAMONGA, CA 91730
1438 E. VAN BUREN | PHOENIX, AZ 85006
(888) 239-9988
westernpump.com
FUELING FACILITIES | VEHICLE MAINTENANCE & REPAIR FACILITIES | C-STORES

TABLE OF CONTENTS

EXECUTIVE SUMMARY

CAPABILITIES
General Construction Services
Specialty Construction Services
Compliance and Maintenance Services
Equipment Distribution

MANAGEMENT

ORGANIZATION

DOEHRMAN, A WESTERN PUMP COMPANY

DOEHRMAN SERVICES
Resume - Ryan Rethmeier, President
Resume - Michael Mizicko, Vice President of Operations
Resume - Ryan Shadburn, Vice President of Business Development Resume - Derek Rethmeier, Vice President/Pre Construction Resume - Daniel Miller, Construction Superintendent
Resume - John Hendrick, Business Development
Resume - Greg McLucas, Project Manager
Resume - Matthew Bodde, Project Manager/Estimator
Resume - Gregory Lambright, Architect/Engineer
Relevant Project Experience - Twentynine Palms Marine Mart Relevant Project Experience - Love’s #749 Westmorland, Ca Relevant Project Experience - Sycuan Market
Relevant Project Experience - SDIA Rental Car Center
Relevant Project Experience - USMC Camp Pendleton Design / Build Fuel Facilities Relevant Project Experience - Ocotillo Marine Mart
Relevant Project Experience - Pilot Flying J Travel Center Relevant Project Experience - Chollas Creek Quaywall
Relevant Project Experience - Deluxe Auto Carriers, Inc.

Relevant Project Experience - Metro Division 13 Bus Maintenance Facility Relevant Project Experience - Brown Field Border Patrol Station Relevant Project Experience - Legoland Fuel Facility
Relevant Project Experience - SeaWorld Maintenance Facility Relevant Project Experience - Love’s Travel Stops & Country Store (Bliss, ID) Relevant Project Experience - QuickTrip 489
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KEY PERSONNEL

PROJECT EXPERIENCE

OVERVIEW

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EXECUTIVE SUMMARY
Western Pump is a general and specialty contractor serving the petroleum and transportation industries, and mission critical infrastructure. Over the past eight decades, Western Pump has built a reputation as a singlesource solution. We complete quality projects on time and within budget while providing unsurpassed services. Our expert teams are equipped with the required resources to build cost-effective projects while meeting demanding schedules and limited budgets. Western Pump’s staff of professionals has a proven track record for delivering quality, reliability, exceptional customer service, reduced downtime, and peace of mind.

We utilize state-of-the-art computer technologies in all areas of business, including estimating, project management, service management, fleet management, content and process management, workflow management, customer relationship management, computer-aided design, building information modeling, and more. These technologies, along with a dedicated team of professionals, are applied carefully toward the successful execution and completion of a wide variety of construction projects and service contracts.

Western Pump is highly selective regarding the type of projects and contracts that it undertakes. The substantial capabilities of the firm, coupled with the experienced technical and managerial skills of its staff, enable Western Pump to meet and exceed its clients’ expectations. The combined goals and objectives of our clients are checked and balanced against our current workloads and resources – we will not take on projects or contracts unless we can deliver on our promise. Customer expectations, budgets, and schedule limitations are also taken into consideration. This approach ensures the highest quality of service, the timely completion of projects, and constant and focused response to our clients.

Western Pump is a full-service contractor for the petroleum, automotive, and transportation industries, specializing in the construction and service of all types of fueling facilities, convenience stores, and vehicle maintenance/repair facilities. Western Pump has provided construction and services to governmental agencies, private developers, major corporations, educational organizations, and to other general contracting firms. Western Pump has a demonstrated history of providing consistent, cost effective, and accurate service and performance with both private and public sector projects and contracts.

Through our experience, expertise, and resources, Western Pump can provide a wide array of services that fosters the growth, prosperity, and success of our clients.

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CAPABILITIES

GROUND-UP CONSTRUCTION & REMODELS
• ✓ Service Stations
• ✓ Truck Stops
• ✓ C-Stores
• ✓ Commercial Fueling Facilities
• ✓ Mission Critical Facilities
• ✓ Vehicle Maintenance Facilities
• ✓ Marina Fuel Facilities
The Power and Resources to Get the Job Done

CONSTRUCTION
Western Pump provides a wide range of both specialty and general construction services, from short duration, self-performed heavy repairs to the complete, ground-up construction of a new facility requiring a team of subcontractors. No project is too small or too big. Our project management and execution teams have the experience and expertise necessary to execute the work on time and within budget.

SERVICE
Western Pump self-performs maintenance, repairs, and compliance services on fuel systems and vehicle maintenance equipment throughout Arizona and Southern and Central California. Over 50 ICC- and manufacturer-certified service technicians are dispatched out of three office locations (San Diego, Los Angeles, and Phoenix). These technicians carry a wide range of repair parts on the trucks to deliver the quickest possible repair times. Western Pump is one of the only service providers capable of effectively servicing a geographic territory spanning over 150,000 square miles. Our technicians perform everything from preventative/ routine maintenance services to emergency repairs, compliance testing, monthly inspections, and complex troubleshooting of mechanical, electrical, and electronics systems.

EQUIPMENT & PARTS SALES
Western Pump is a direct wholesale distributor for many product lines of petroleum, convenience store, automotive, and industrial equipment. We represent over 150 of the industry’s best manufacturers. Our warehouses in San Diego, Los Angeles, and Phoenix carry over $2M in inventory. Our parts and equipment sales team have in-depth product knowledge and are trained to help our clients identify and select the right equipment/parts for their application.

HEADQUARTERS – SAN DIEGO
3235 F Street San Diego, CA 92102
BRANCH OFFICE – LOS ANGELES
9215 Arrow Route | Rancho Cucamonga, CA 91730

BRANCH OFFICE - PHOENIX
1438 E. Van Buren, Phoenix, AZ 85006

CONTACT INFORMATION
Telephone: (619) 239-9988 Fax: (619) 239-9925
westernpump.com

DEPARTMENTS
CONSTRUCTION: ext. 213
SERVICE: ext. 205
PARTS: ext. 219
ESTIMATING: ext. 241
HUMAN RESOURCES: ext. 235
ACCOUNTING: ext. 212
SHIPPING/RECEIVING: ext. 233
HOURS of OPERATION
Monday - Friday
7:30am to 4:30pm
FEDERAL TAX ID:
33-0312706
• ✓ Aircraft Refueling Facilities
• ✓ Bulk Terminals
• ✓ Auto Repair Shops
• ✓ Automobile Dealerships
• ✓ Quick Lubes
• ✓ Car Washes
• ✓ Compressed Natural Gas (CNG) Facilities

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SERVICES
General Construction Services Offered

GENERAL CONSTRUCTION DELIVERY METHODS
CONSTRUCTION MANAGEMENT – We manage the process of estimating, bidding, contracting, and constructing a project according to the plans and specifications supplied by the owner. This allows us to offer the best value to the owner while minimizing the potential for adversarial positioning. We offer two types of delivery methods:
✓ Total construction cost plus a percent-of-total-cost fee, without a maximum cap: This is the preferred delivery method if the plans and specifications supplied by the owner are not complete or are in a state of flux.
✓ Total construction plus a percent-of-total-cost fee, with a maximum cap: This method should only be considered when the plans and specifications supplied by the owner are complete, with very little possibility of change.

INTEGRATED CONSTRUCTION MANAGEMENT – We assist with selecting an architect who is contracted to the owner; our management process then encompasses everything from initial design through the completion of construction. This method involves the owner more directly in the design and construction process. This process may also preferred over our Design/Build delivery plan (see below) due to the insurability/liability protection for the owner as well as the contractor.

CONTRACTOR LICENSES
CALIFORNIA (#673853)
A – General Engineering Contractor
B – General Building Contractor
C-10 – Electrical Contractor
C-61 – Limited Specialty Classification
D-40 – Service Station Equipment and Maintenance
HAZ – Hazardous Substance Removal Certification
ARIZONA (ROC #333348 CR11, ROC #200394 CR5,
ROC #333393 B1)
NEVADA (#0057569) B4 – Service Stations
IDAHO (#RCE-52704)
MONTANA (#258330)
WASHINGTON (#WESTEPI797LJ)

BONDING
$15,000,000 Single Project $30,000,000 Aggregate
SURETY: Markel Surety / SureTec Insurance Company A.M Best rated A XV and Treasury listed $40,924,000
AGENT: Michael Strahan
KPS Insurance Services, Inc.

Telephone: (858) 538-8822

INSURANCE
General Liability ($1M/$2M), Automobile Liability ($1M), Pollution Liability ($1M), Professional Liability ($1M), Excess Liability ($5M), Workers Compensation ($1M), Employers Liability ($1M)
AGENT: Carmen Scoppettuolo
Wateridge Insurance Services
Telephone: (858) 200-3084
DESIGN/BUILD – We manage the entire project from inception through design to construction completion.

This differs from Integrated Construction Management in that the architect is contracted directly to Western Pump, so we assume total accountability for the design process as well as the construction process. This method traditionally minimizes owner involvement in the design and construction process. It is most suitable for those owners who prefer a complete turnkey process.

BID/BUILD – This type of project is the least preferred and should only be considered after careful study of the project documents. Not only is there greater financial risk, this type of project also tends to create a more adversarial relationship between the parties.

Page 6 ends

SERVICES
Specialty Construction Services Offered
CONSTRUCTION (Self-performed)
✓ Design /Engineering
✓ Permitting
✓ Demolition, Excavation, Trenching, and Shoring
✓ Tank Installation & Removals
✓ Piping System Fabrication & Installation
✓ Electrical Conduit & Wire Installation
✓ Concrete
✓ Fabrication & Welding
✓ Start-up & Initialization
PETROLEUM EQUIPMENT INSTALLATION (Self-performed)
✓ Underground Storage Tank (UST) Systems
✓ Aboveground Storage Tank (AST) Systems
✓ Fuel Dispensing Systems
✓ Submersible Pump Systems
✓ Piping Systems
✓ Secondary Containment Systems
✓ Tank & Continuous Monitoring Systems (AB-2481)
✓ Vapor Recovery Systems
✓ Fuel Management/Control Systems
✓ Fuel Island Canopy Structures
✓ Alternative Fuels Systems (E-85, Biodiesel)
✓ Diesel Exhaust Fluid (DEF) Systems
✓ Fuel Additive Systems
✓ Liquefied Petroleum Gas (LPG) Systems
✓ Fuel Oil Supply and Day Tank Systems
✓ Fuel Recirculating & Filtration Systems

CLIENT LIST

SERVICE STATIONS
Costco Wholesale
United Pacific
Marine Corps Community Services
Navy Exchange Systems
Walmart/Sam’s Club
Albertsons/Vons
Marathon/Speedway

TRUCK STOPS
Love’s Truck Stops & Country Stores
Pilot Flying-J
Travel Centers of America (TA)
Red Earth Casino & Travel Center
Golden Acorn Casino Travel Center
Truck.Net

PRIVATE FLEETS
Anheuser-Busch
SeaWorld
Universal Studios
Paramount Pictures
Coachella Valley Water District
Walt Disney
Hawthorne Machinery
Chevron
Thrifty Oil Company
Phillips 66
Sycuan Casino
Morongo Casino
Cahuilla Casino

VEHICLE SERVICE & GARAGE
EQUIPMENT INSTALLATION (Self-performed)
✓ Lubricant Pump Systems
✓ Fluid Inventory Control Systems
✓ Hose Reel Banks
✓ Piping Systems
✓ Compressed Air Systems
✓ Used/Waste Oil Evacuation Systems
✓ Light Duty Surface-mounted Vehicle Lifts
✓ Heavy Duty In-ground Vehicle Lifts
✓ Alignment Racks
✓ Wheel Service Equipment
✓ Tailpipe Exhaust Systems
✓ Car Washes
✓ Water Reclamation Systems
✓ Central Vacuum Systems
✓ Workbenches, Shelving, Parts Storage
ELECTRICAL INSTALLATION (Self-performed)
✓ Power Distribution & Control Systems
✓ Switchgear
✓ Conduits & Wiring Installation
✓ High and Low Voltage
✓ Explosion-proof (Class I, Division I & II)
✓ LED Lighting
✓ Electric Vehicle (EV) Charging Stations
ELECTRONICS (Self-performed)
✓ Point-of-Sale (POS) Systems
✓ Fuel Management & Control Systems

Page 7 ends

SERVICES
Compliance and Maintenance Services Offered

PETROLEUM
✓ Designated UST Operator (DUSTO) Inspections
✓ Annual Monitoring System Certifications
✓ Stage I & II Vapor Recovery Testing
✓ In-Station Diagnostics (ISD) Testing
✓ Tank & Line Integrity Testing
✓ Enhanced Leak Detection (ELD) Testing
✓ Meter Calibrations
✓ Fuel Polishing & Tank Cleaning

AUTOMOTIVE
✓ ALI-certified Vehicle Lift Inspections
✓ Compressed Air System Audits

GENERAL CONTRACTORS
Austin Commercial
Sundt Construction
McCarthy Building Companies
Turner Construction
Clark Construction
Swinerton Builders
Soltek Pacific Construction
Bellingham Marine
Lusardi Construction
Tri-State General Contractors
Straub Construction
The Haskell Companies
Amoroso Construction
AECOM

OIL JOBBERS
Flyers Energy
SC Fuels
Western Refining & Marketing
SOCO Group
Dewitt Petroleum
Cosby Oil
Lee Escher Oil Company (LEOCO)
National Petroleum
Dion & Sons
Southern Counties Lubricants (SCL)
Beck Oil
Supreme Oil

HOSPITALS & CARE FACILITIES
JFK Memorial Hospital
St. Joseph’s Hospitals
Children’s Hospital of Orange County
VA Medical Centers
Scripps Memorial Hospitals
UCSD Medical Center
Desert Regional Medical Center

DELIVERY METHODS
✓ Time & Materials (T&M) / Break-fix
- P1 Emergency 4-hour Response
- P2 24-hour Response
- P3 72-hour Response
- Troubleshooting & Repair
✓ Scheduled Maintenance
✓ Fixed-Price Service Agreements (FPSAs)
✓ Preventative Maintenance (PM) Services
✓ Multiple Award Service Contracts (MASCs)
✓ Indefinite Delivery Indefinite Quantity (IDIQ)
✓ Dedicated Service Technician
Maintenance Services Offered

CLIENT LIST

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CLIENT LIST

EQUIPMENT SALES
Western Pump sells, installs, and services equipment from the following manufacturers:

PETROLEUM EQUIPMENT: Xerxes, Modern Welding, ConVault, Gilbarco, Veeder-Root, Red Jacket, Gasboy, Wayne, OPW, Blackmer, PetroVend, Civacon, Fibrelite, PMC, Bennett, Franklin Fueling Systems, FE Petro, Incon, Healy, EBW, Flex-ing, Phil-Tite, UPP, Omntec, Pneumercator, Vaporless, Bravo Systems, CNI, Emco Wheaton, Hirt Combustion, DPM, Western Fiberglass, BJ Enterprises, Brugg Pipesystems, Universal Valve, NOV, Containment Solutions, Rovanco, Nupi, OmegaFlex, Hosemaster, Syntech, EJ Ward, Multi-Force, VST, Husky, OPW, Morrison, PetroClear, Cim-Tek Filtration, Velcon, Groman-Rupp, Relevant Solutions, RCI Technologies, Fill-Rite, GPI, Highland, Pryco, Simplex, Cla-Val, Liquid Controls, Total Control Systems, Riverside Steel, Baker Industries, Granco, PT Coupling, PMP, Clay & Bailey, Dixon Pumps, Krueger Sentry, GIR, Scully, RDM VEHICLE SERVICE & GARAGE EQUIPMENT: Rotary, Graco, Champion, Forward, Challenger, Direct-Lift, Mohawk, Maha, BendPak, Balcrank, Samson, Lincoln, Alemite, Ingersoll-Rand, Hannay, Devon, Reelcraft, Coxreels, Shure, Equipto, Burroughs, Rousseau, Swisstrax, Justrite, Hunter, GFS, Harvey, JohnDow, Duro, Ammco, Coats, Corghi, Accu-turn, Norco, Robinair, Mattei, Saylor Beall, CompAir, Ingersoll- Rand, Mi-T-M, Amflo, Belanger, NS Wash Systems, PurClean, PDQ, Unitec, Spencer Vacuum, JE Adams, Gray, Raasm C-STORE EQUIPMENT: Royston, Lozier, Southern CaseArts, Anthony, Manitowoc, Hussman, True, DSA Signage, VeriFone, Gilbarco, Allied Electronics, Gasoline Advertising ELECTRICAL & LED LIGHTING: LSI, Cree, Solid State Luminaires (SSL), Power Integrity, Carolina Products, Space Saver Distribution (SSDi), EVSE, e-Mobility

SERVICES
Equipment Distribution

MISSION CRITICAL
NAVFAC
US Army Corps of Engineers
Department of Homeland Security
Defense Logistics Agency (DLA)
USMC Camp Pendleton
USMC Miramar
MCLB Barstow
MCB Twentynine Palms
U.S. Navy Base San Diego
U.S. Navy Base Point Loma

COMMERCIAL FLEETS
San Diego International Airport
Los Angeles World Airports (LAWA)
San Diego Unified School District
Port of Long Beach
California Highway Patrol (CHP)
Penske Truck Leasing
LA Metro
San Diego Metropolitan Transit North County
Transit District (NCTD)
CalTrans
Federal Bureau of Investigation (FBI)
Sunline Transit Agency
Orange County Transit District
XPO Logistics
Riverside Transit Agency (RTA)
Osterkamp Trucking
Los Angeles Dept. of Water & Power
San Diego Gas & Electric (SDG&E)
Southern California Edison (SCE)

CLIENT LIST

Page 9 ends

MANAGEMENT
The management and staff of Western Pump are results oriented and, as such, recognize the importance of clear, focused, and effective communications of ideas, strategies, concepts, and job status in a contractor-client relationship. Western Pump’s management approach is to actively involve managers and accompanying teams in all technical and administrative aspects of the specific project, contract, or service, including all scheduling and task-completion duties.

CONSTRUCTION
Our project managers devote a major portion of their work effort toward the development, implementation, and completion of specific tasks.

Project managers are also responsible for providing team leadership, security, and quality control; monitoring and review of project schedules and budgets; and maintaining a focused communications relationship with the client. As a result, project managers can represent our clients’ best interests by minimizing and mitigating potential problems before they occur, exercising cost containment, reducing and eliminating delays, and identifying and exploring alternative procedures and opportunities.

All project activities and project costs are tracked and recorded weekly into Procore and our computerized database. Time sheets, indirect and direct costs, and budgets are linked to this database for total cost management. Project managers are thus able to respond to and monitor project costs and schedules within any given reporting period.

Western Pump’s security and quality control measures and procedures ensure the confidentiality, accuracy, and preservation of all work efforts and data. All project data is backed up daily.

SERVICE
Because of the size of our work force and the geographic areas that we cover, it takes a team of professionals to supervise and direct the daily operations of our service division. Service managers and coordinators are intimately involved with the coordination, scheduling, and dispatching of technicians. Field technical supervisors also work diligently with our team to facilitate troubleshooting efforts, provide technical support, and make timely repairs for our clients.

All field service activities are tracked and recorded in real time through our JONAS Enterprise System. Service orders are transmitted electronically to and from our technicians along with fillable forms, pictures, and other site-specific information and documents. Our stateof-the-art dispatch scheduler and GPS routing capabilities enable us to locate resources, check inventory, and route the right technician for the job. Our compliance technicians utilize JetTrac field inspection software on tablets to streamline the process, ensure accuracy, eliminate human error, and automate the workflow process. These tools, and others, enable us to take excellent care of our clients.

CLIENT TESTIMONIALS
“Western Pump provides us with
world-class service in all regards.

Timely response, safety, and quality
work are top priorities for our facility,
and we have always had excellent
performance from Western Pump. They
have worked with our local inspectors
to make sure everything is in order;
paperwork, equipment conditions,
test procedures have consistently been
nearly flawless. We will continue to use
Western Pump for all our DUSTO and
service work.”
- Scott Anderson

CONRAC SOLUTIONS
“Western Pump performed very well.

They provided welcome expertise
and guidance both on the technical
elements as well as permitting. The
work was completed safely and
with a high level of quality. Western
Pump overcame some difficult site
conditions and completed the work
ahead of schedule. I look forward to the
opportunity to work with them again.
- Jacob Thurlow

THE HASKELL COMPANY

Page 10 ends

ORGANIZATION

CLIENT TESTIMONIALS
Using a project team concept, Western Pump performs and provides services as a full-service one-stop construction and service firm. Western Pump’s extensive involvement in the Petroleum Equipment Institute (PEI), Associated Builders and Contractors (ABC), Associated General Contractors (AGC), and other service and construction trade associations has enabled Western Pump to develop the most experienced and qualified team of in-house personnel, external support consultants, and subcontractors available. When a project or contract requires it, support consultants and subcontractors who have previously been part of a successful Western Pump Design/Build or service contract team will be brought into the project as a team member.

Over the past seven decades Western Pump’s project teams have been involved in or completed over 2,000 commercial, retail, oil, fast food, service station, education, and government projects and contracts.

The knowledge, experience, expertise, and resources available from Western Pump are unequaled. Western Pump selects only qualified, responsible, progressive, and service-oriented staff members and consultants to be part of our team.

During the organization of a project team it is very important to equip the team with only those services and expertise which will be required for a given project. Western Pump’s extensive knowledge of the true and accurate scope of services provides the background and information necessary to formulate such a team. Based on the existing clientele of Western Pump, project teams may include, but not be limited to, project architects, project managers, project engineers, land surveyors, civil engineers, landscape architects, mechanical/plumbing engineers, structural engineers, electrical engineers, soils engineers, fire suppression and prevention engineers, environmental engineers and planners, general architects, traffic engineers, asbestos specialists, noise consultants, canopy manufacture engineers, geotechnical engineers, geologists, inspectors, code regulators, and UBC Board members, along with substantial administrative, technical and clerical support personnel.
“Western Pump continually takes on all new projects we present to them with a professional and positive attitude. The technicians that work with Western Pump provide amazing on-site support and service!” - Loren Shediak, MARATHON PETROLEUM/SPEEDWAY CORPORATION “Western Pump consistently performs quality service and reasonable rates. We consider them a valued partner”. - Drew Flansburg, MARATHON PETROLEUM/SPEEDWAY CORPORATION AWARDS
Outstanding Family-owned Business Award, 2005 – San Diego Business Journal California’s Best Places to Work Award, 2007 – Employers Group and San Diego Magazine Excellence in Safety & Performance, 2014-2016 – San Diego International Airport Authority San Diego’s Best Places to Work, 2006 – San Diego Business Journal Outstanding Supplier Recognition Award, 2016 – Tesoro Refining & Marketing Excellence in Construction Award, 2017 – Associated Builders & Contractors (ABC) San Diego Chapter

Page 11 ends

DOEHRMAN, A WESTERN PUMP COMPANY
Doehrman, a Western Pump Company, is one of the leading vehicle maintenance equipment providers/contractors in the southwest United States. Over the past four decades, Doehrman Company has successfully met the expectations of countless customers in a very diverse marketplace. Our market includes, new car dealerships, paint and body shops, fleet maintenance facilities, transit facilities, school and fire maintenance facilities, Bureau of Reclamation and Department of Defense maintenance facilities, Homeland Defense facilities, state and municipal maintenance facilities, U. S. Postal Service facilities, OEM automakers proving ground facilities, various industrial facilities, national tire and auto store centers, independent garages, quick lube chains and home garages.

Doehrman, a Western Pump Company, is based in Phoenix, Arizona and holds contractors licenses in Arizona (#116045 and #072049), California (#589300)and Nevada (# 0029472). We have completed projects throughout the United States and as far away as the Middle East.

Our staff has hundreds of years of experience in the automotive and vehicle service industry and has contributed in many ways toward setting the standard for “state of the art” modern shop design.

Working closely with facility designers, customers, and equipment manufacturers over the years, we have been able to bring several innovations to the industry that have been incorporated into service facilities nationwide. Some of the new car parts and service facilities we have developed /constructed are recognized as being the best in the world by customers and industry experts alike. We were also involved in helping to develop the standards used in the ALI’s (Automotive Lift Institute) lift inspection program which is widely-used across the nation. We, as a company, are very proud of the industry contributions that we’ve made over the years.

As a recognized leader and authority in our industry we are often called upon to offer expert witness testimony in completed operations, workers compensations, personal injury and wrongful death lawsuits.

Page 12 ends

DOEHRMAN SERVICES
SALES
Doehrman, a Western Pump Company, strives to provide one-stop, turnkey solutions to our customers. Our sales professionals bring decades of experience to the sales process and are unsurpassed in our industry.

The following is a list of our capabilities: Automotive, truck, bus and specialty vehicle lifting equipment, compressed air systems and compressor equipment, vehicle exhaust systems, fluid control systems and lubrication equipment, body shop equipment, alignment and wheel service equipment, automotive and industrial spray booths, prep stations and powder coating booths, carwash equipment, parts department mezzanine and storage systems, work benches, workstations and tool storage boxes, above ground fueling systems, underground storage tank removals and upgrades, leak detection and tank monitoring, environmental services including phase one inspections and soil remediation, and a myriad of other automotive shop equipment including storage cabinets, a/c machines, vices, light reels, grinders, key control systems, engine analyzers, battery charging and test equipment, shop coolers and much, much more.

CONTRACTOR LICENSES

CONTRACTING AND INSTALLATION SERVICES
Doehrman, a Western Pump Company, supplies, installs and services automotive service equipment to a very diverse market. We have extensive expertise in our industry and have developed resources to meet our customers’ needs and expectations. From car enthusiasts, home garages, independent and national service and tire centers, to the largest new car dealerships and transit facilities. We offer one-stop turnkey solutions to their shop equipment needs.

Our primary business focus includes outfitting fleet vehicle maintenance facilities, new car dealerships, automotive/industrial spray booth facilities and body shops.

We offer professional CAD and design services and work with our customer’s architects and engineers to secure the necessary building permits.

Doehrman, a Western Pump Company, is fully insured and bonded and has a very good safety record. We are fully aware that our safety record is a very important customer consideration in choosing a contractor.

SERVICE DEPARTMENT
Doehrman, a Western Pump Company, has a reputation built on a firm commitment to stand behind every piece of equipment that we sell and install. Customer satisfaction is our primary goal. We maintain a fleet of more than 30 installation and service vehicles and are the warranty service center for most of our equipment providers. Our service techs and installers collectively have hundreds of years of experience and are factory trained in their areas of expertise. We work closely with our vendors to ensure that our personnel have the knowledge and training necessary to safely and properly maintain the equipment we have provided.

In addition, to providing repair services for the lines of equipment we sell, we also offer professional preventive maintenance programs and service contracts for customer’s lifts, compressors, car wash and paint booth equipment. We also perform ALI inspections on many of our customers lifting equipment.

Page 13 ends

RYAN RETHMEIER, President

QUALIFICATIONS
As President of Western Pump, Mr. Ryan Rethmeier’s professional experience encompasses 26 years of both specialty and general construction, and services. His expertise covers a wide array of projects, services, and clients ranging from governmental (Military, State and Municipalities) to institutions (colleges and school districts) to major corporations and private owners.

Mr. Rethmeier has a Bachelor of Science in Business Administration, a California A General Engineering Contractors license, multiple International Code Council (ICC) certifications, and dozens of petroleum equipment manufacturer certifications.

LEVELS OF RESPONSIBILITY
Mr. Rethmeier is responsible for providing management, supervision, and support for all of Western Pump’s design, construction, and service efforts, and contractual obligations. Mr. Rethmeier works closely with his key managers and their staff to meet its mission of providing Western Pump’s clients with convenience, reliability and peace-of-mind, exceptional customer service, reduced downtime, and cost savings.

GOVERNMENT PROJECT EXPERIENCE
• COCO Fuel Services Facilities, Camp Pendleton, CA
• MCAS Miramar Auto Service Center, San Diego, CA
• MCCS Mini Mall & Fuel Station, Twentynine Palms, CA
• Ocotillo Marine Mart, Twentynine Palms, CA
• Metro Division 13 Bus Maintenance Facility, Los Angeles, CA • County of San Diego Operations Center, San Diego, CA
• SANDAG East County Bus Maintenance Facility, El Cajon, CA • Border Patrol Stations, multiple (Boulevard, Campo, Wilcox, Lordsburg) • Navy Base San Diego Chollas Creek Quaywall Fuel Tank Project • NAS North Island Fuel Dock Modifications
• USMC Multiple Site Fuel System Modification
• MCAS Miramar Vapor Recovery Phase-II Upgrade
COMMERCIAL and RETAIL PROJECT EXPERIENCE
• Sycuan Market, El Cajon, CA
• Love’s Travel Stops & Country Stores
Westmorland, Kingman, Las Vegas, Gila Bend, Casa Grande, Ripon, Coachella Flyers Energy Cardlock Facilities
Bakersfield, Banning, Hesperia, Bloomington, San Diego, Ontario, Barstow, Fontana, and more
• Tesoro/Adeavor/Speedway, multiple sites (CA)
• Pilot/Flying-J #1132, Brawley, CA
• Walmart/Sam’s Club, multiple sites (CA)
• San Diego International Airport Rental Car Center (ConRAC) • Otay International Truck Stop / Truck.Net, Otay Mesa, CA • Del Rey Fuels, Marina Del Rey, CA
• Costco Wholesale, multiple sites (CA)
• Golden Acorn Casino, Campo, CA
• Hollywood/Jamul Casino, Jamul, CA
• Chevron Stations, Inc. #207541, San Diego, CA
• Lodi Memorial Hospital, Lodi, CA
• San Diego Gas & Electric (SDG&E), multiple sites
• San Francisco International Airport (SFO), Ground Transportation Unit • ETZ Chayim Congregation, Palo Alto, CA

EDUCATION
Bachelor of Science in Business
University of Phoenix
Business Administration,
Marketing San Diego State University
MAP Management Development Program

ICC CERTIFICATIONS (CA)
UST Installation/Retrofitting
Designated UST System Operator
UST Service Technician
Vapor Recovery System Installation
Vapor Recovery System Testing

MEMBERSHIPS & AFFILIATIONS
Member, Petroleum Equipment Institute
(PEI) Board of Directors Representing
District 9 (2015-2016, 2018-2019)
Committee Member/Co-Author, PEI
Recommended Practices for the
Installation of Marina Fueling Systems
(RP-1000)
Committee Member/Co-Author, PEI The
Entry Level Service Technician Training
Course
Committee Member, PEI Education and
Convention (2017-2019)
Member, The BEST CEO Group

Page 14 ends

MICHAEL MIZICKO,
Vice President of Operations

QUALIFICATIONS
As Vice President of Field Operations for Western Pump, Mr. Michael Mizicko has over 25 years of experience in the Petroleum Industry. His expertise includes not only that of a Journeyman Electrician, but also that of a high-level Fuel Services Technician with in-depth knowledge and understanding of mechanical, electrical, and electronics systems.

Mr. Mizicko maintains multiple International Code Council (ICC) certifications, dozens of petroleum equipment manufacturer certifications, and is Western Pump’s responsible managing employee (RME) for the California C10 Electrical Contractors license.

LEVELS OF RESPONSIBILITY
Mr. Mizicko, and his team of professionals, are responsible for supervising, managing, and directing the execution efforts of Western Pump’s Service and Construction Teams. With his breadth and depth of knowledge, Mr. Mizicko serves as an invaluable resource to both internal and external customers.

GOVERNMENT PROJECT EXPERIENCE
• COCO Fuel Services Facilities, Camp Pendleton, CA
• MCAS Miramar Auto Service Center, San Diego, CA
• MCCS Mini Mall & Fuel Station, Twentynine Palms, CA
• Ocotillo Marine Mart, Twentynine Palms, CA
• City of San Diego, San Diego, CA
• City of Los Angeles, Department of Water & Power (LADWP) • Border Patrol Stations, multiple (Boulevard, Campo, Wilcox, Lordsburg) • Metropolitan Water District (MWD) of Southern California • State of California Department of Water Resources (DWR) • USMC Multiple Site Fuel System Modification
• MCAS Miramar Vapor Recovery Phase-II Upgrade
• Los Angeles World Airports (LAWA), Los Angeles, CA
• Port of Long Beach, Long Beach, CA
• Marine Corps Recruitment Depot (MCRD), San Diego, CA

COMMERCIAL AND RETAIL PROJECT EXPERIENCE
• Sycuan Market, El Cajon, CA
• San Diego International Airport Rental Car Center (ConRAC) • BP/Arco, multiple sites (CA)
• Tesoro/Adeavor/Speedway, multiple sites (CA)
• Pacific Convenience & Fuels, multiple sites (CA)
• United Oil, multiple sites (CA)
• Costco Wholesale, multiple sites (CA)
• Chevron USA Products, multiple sites (CA)
• Morongo Travel Center, Cabazon, CA
• Travel Centers of America (TA), multiple sites (CA)
• Love’s Travel Stops & Country Stores
Westmorland, Kingman, Las Vegas, Gila Bend, Casa Grande, Ripon, Coachella, and more
• Walmart/Sam’s Club, multiple sites (CA)
• Otay International Truck Stop / Truck.Net, Otay Mesa, CA • Del Rey Fuels, Marina Del Rey, CA
• Golden Acorn Casino, Campo, CA
• Warner Brothers, Los Angeles, CA
• Lodi Memorial Hospital, Lodi, CA
• San Diego Gas & Electric (SDG&E), multiple sites (CA) • JFK Memorial Hospital, Indio, CA

EDUCATION
Computer/Electronics Technologies
Cuyamaca College
Electricians Mate Second Class United
States Navy (Honorable Discharge)
MAP Management Development Program

LICENSES
Responsible Managing Employee (RME),
C10 Electrical Contractor

MEMBERSHIPS & AFFILIATIONS
Committee Member/Co-Author, PEI
Recommended Practices for the
Installation of Underground Liquid Storage
Systems (RP-100)
Ad-Hoc Committee Member and Co-Author,
PEI The Service Technician 2nd Level
Training Manual
Member, The BEST Key Group

CERTIFICATIONS
Journeyman Electrician
UST Installation/Retrofitting
Designated UST System Operator
UST Service Technician
Vapor Recovery System Installation
Vapor Recovery System Testing
HAZWOPER & Emergency Response
Confined Space Training

Page 15 ends

RYAN SHADBURN,
Vice President of Business Development

QUALIFICATIONS
As one of Western Pump’s sales leaders, Mr. Ryan Shadburn’s experience in the petroleum equipment industry spans over 14 years. His knowledge of the rules and regulations (as they pertain to the storage and dispensing of hazardous liquids) coupled with expertise in both retail and commercial petroleum equipment enable Mr. Shadburn to function as a valued resource for our clients.

AREAS OF EXPERTISE
• Petroleum Equipment
Fuel Dispensers
Underground Storage Tank (UST) Systems
Aboveground Storage Tank (AST) Systems
Monitoring Systems
Vapor Recovery Systems
Piping Systems
Submersible Pump Systems
Point-of-Sale (POS) Systems
Customer Loyalty Reward Programs
Lighting Systems
Fuel Management Systems
Diesel Exhaust Fluid (DEF) Systems
• Regulations
Air Quality
Water Quality
Environmental Protection Agency (EPA)
Services
Design/Build
Permitting
Petroleum Construction (ground-ups, remodels)
Petroleum Equipment Installation
Start-up & Initialization
Compliance Inspections & Testing
Fixed-Price Service Agreements (FPSAs)
Service Contracts
Fuel Cleaning/Polishing

KEY CLIENT LIST
• Love’s Travel Centers & Country Stores
• Albertson’s / Vons
• Walmart / Sam’s Club
• Costco Wholesale
• Pilot/Flying-J
• Phillips 66
• Marathon Petroleum
• Speedway
• United Pacific
• Morongo Band of Mission Indians
• Sycuan Tribal Development Corporation (STDC)
• Tetra Tech
• Weston Solutions, Inc.
• Sea World of California
• United Parcel Service (UPS)

EDUCATION
Coursework in Business Administration,
Marketing San Diego State University
MAP Management Development Program
Darren Hardy Business Masterclass
Corlea Group Marketing Program
PEI Young Executives

MEMBERSHIPS & AFFILIATIONS
Petroleum Equipment Institute (PEI)
Associated General Contractors (AGC) of
America San Diego Chapter
Associated Builders & Contractors (ABC)
San Diego Chapter
Tribal Summit Group
Southern California Golf Course
Superintendent Association
Arizona Petroleum Marketers Association

Page 16 ends

ADDRESS:
3235 F Street San Diego, CA 92102
EMAIL:
[email protected]
PHONE NUMBER:
(619 )578 - 2187
YEARS OF EXPERIENCE:
22 years

KEY QUALIFICATIONS
• Over twenty-two (22) years of direct experience in Petroleum Equipment and Vehicle Maintenance Facility Construction.
• Broad base of knowledge of the construction process (underground and above ground).
• Expert tradesman, pipe fitter, welder/fabricator, mechanic. • Top-notch problem-solving skills and attention to details.

CERTIFICATIONS
• RME General B Contractors License Qualifier
• 40-Hour HAZWOPER Safety Certified
• 30-Hour OSHA Construction Safety Certified
• 8-Hour Refresher OSHA
• API Worksafe Certified
• Certified by most major petroleum and automotive equipment manufactures including (but not limited to): Rotary Lift, Graco, Lincoln, Balcrank, Samson, ConVault, Champion Pneumatic, Saylor-Beall, Brugg Pipesystems, Mohawk Lifts, and Containment Solutions
• International Code Council (ICC) - California UST Installation Retrofitting • International Code Council (ICC) - California UST Service Tech- nician • International Code Council (ICC) - Vapor Recovery System In- stallation and Repair
• International Code Council (ICC) - Vapor Recovery System Test- ing and Repair

DEREK RETHMEIER,
Vice President/Pre Construction

Page 17 ends

DANIEL MILLER, Construction Superintendent
CERTIFIED TRAINING:

Modern Welding
Xerxes
Containment Solutions UST
Bravo Systems UST and sump install
Veeder-Root Level 4
Healy Vapor Recovery
40 hour Hazwopper
Fork lift/reach fork
Flex-ing
NOV Fiber Glass Systems
Confined Space Training
CNI EVR Systems
INCON Fuel Management
30 hour osha training
International Code Council (ICC)
UST Installation/Retrofitting
Vapor Recovery System installation and
repair
Service technician

EXPERIENCE OVERVIEW
Daniel Miller is our Field General Superintendent with 12 years’ experience in construction and 9 years of direct fueling project supervision. Fueling system installation requires the ability to coordinate several of the most complex and risky construction trades simultaneously. Daniel Miller has a proven track record of supervising and completing the most fuel system installations in San Diego and Southern California. Daniel Miller is a certified by the International Code Council (ICC), for UST (Underground Storage Tanks), Vapor Recovery System Installation and Repair, and California UST Service Technician. Other certifications include:

Fiber glass systems NOV, Environ Pipe Installer, Omega flex piping, Brugg piping systems, Modern Welding, Xerxes UST, Containment Solutions UST, Bravo Systems UST and sump install, Veeder-Root Level 4 & V/R vapor, INCON level 4 sump tester, 40 hour Haz-whopper/confined space certification weights & measures service agent, 30 hour OSHA training, QA-QC training, Gilbarco safety, CNI, CPR-First Aid, fork lift & reach fork certification, scissor lift and boom lift certification, & fall protection.

RELEVANT PROJECT EXPERIENCE
SWINERTON BUILDERS: Installed 10k containment solutions underground storage tank for diesel with smith fiberglass piping 3” over 2” (2) supply (2) return and (1) vent 2 turbine sumps and fill sump to service the backup generator system at the hospital in Lancaster ca installed complete Incon monitoring system for both tank and piping , installed RCI recirculating fuel polishing unit.

KEVCON: Installed 1k Modern split underground storage tank 540gal diesel 360gal gasoline, Ameron fiberglass piping 3’ over 2” Gasboy dispensers 1 pressure 1 suction, for maintenance vehicle fueling at Miramar cemetery installed complete Incon monitoring system for both tank and piping.

MENCO PACIFIC: Installed 10k containment solutions aboveground storage split 7k gasoline 3k diesel tank at NEX 32nd street Naval base for fuel system supply to the floating dock installed Brugg double wall stainless steel continuous piping from tank to fuel dock, installed hose reel with meter on fuel dock for dispensing, installed Omn-tec monitoring system.

AUSTIN/SUNDT JOINT VENTURE: Installed 3 30k Xerxes underground storage tanks, smith fiberglass piping underground 4” over 3”, 6” over 3” steel piping welded feeding levels 2 and 3, installed 36 Gas boy dispensers for gasoline with 72 fueling positions 12 dispensers on level 1, 12 on level 2 and 12 on level 3 also installed 15 Belanger car wash’s with reverse osmosis system, reclaim pumps reject pumps and spot free pumps at the San Diego International Airport Car Rental Facility.

CLARK CONSTRUCTION: Installed air compressor system and lubrication system with above ground oil tanks, process piping and hose reels at maintenance facility for MTS in El Cajon.

SUNDT/LAYTON: Installed 10k above ground storage tank diesel for backup generator system and 30k above ground LPG tank system for Donovan state prison.

TURNER: Installed 1 car wash brushless system and 1 bus wash brushless system at San Francisco international airport SFO. scheduling, project communication and documentation, and health and safety.
2017 SFO Fleet Maintenance Facility, Lube/Wash/Equip $873,565 2016 County of San Diego Fleet Facility, Vehicle Fueling/Lube $717,600 2016 Hawthorne Machinery San Diego $117,000
2015 San Diego International Airport, Rental Car Return Facility $4,500,000 2015 Donovan State Correctional Facility, Large LPG Facility $825,000 2015 Division 13 Bus Maintenance Facility LA $675,000
2014 MTS San Diego Bus Maintenance Facility, Lube/Piping $525,000 2014 29 Palms MCCS Ocotillo Marine Mart $543,836
2013 Miramar National Cemetery, Facility Fueling System $152,372 2013 San Diego Naval Medical Center, Interior Renovation $1,500,000 2013 San Luis Obispo Men’s Colony, UST Fuel Facility $90,000

Page 18 ends

John Hendrick, Business Development

QUALIFICATIONS
Having over 13 years in the petroleum industry, Mr. John Hendrick brings his knowledge of equipment, site management and a wholesale petroleum background to our customers. Mr. Hendrick is an experienced sales and operations professional with a track record of proven sales success in petroleum equipment, fleet management software/equipment, capital equipment, maintenance & construction services, EV charging, wholesale fuel, as well as retail store operation and general management.

With an operational and technical background, Mr. Hendrick is an adept communicator, collaborator, and negotiator across all levels of organizations.

EDUCATION
Master of Business Administration
• Loyola Marymount University
Bachelor of Science
• California State University, Chico

SKILLS & ABILITIES
New Business Development
Account Management
Customer Service
Negotiation
Sales Management
Strategic Planning
Operations Management
Project Management
Problem Solving
Marketing
Procurement
Business Analysis

LEVELS OF RESPONSIBILITY
New Client Prospecting
Account Development
Relationship Management
Client Consultation
Scope & Bid Creation
Cross Functional Collaboration

MEMBERSHIPS & AFFILIATIONS
Petroleum Equipment Institute (PEI)
PEI Young Executives

AREAS OF EXPERTISE
Equipment
Fuel Dispensers
Point of Sales Systems
Underground Storage Tank (UST) systems
Aboveground Storage Tank (AST) systems
Monitoring Systems
Automotive Service Equipment
Petroleum Equipment Manufacturers
Gilbarco Veeder Root
Gasboy
Xerxes
Containment Solutions
Franklin Fueling Systems
Bravo Systems
VST
Rotary Lift
Graco
Services
Petroleum Equipment Installation
Compliance & Service Agreements
Service Contracts
Fuel Cleaning/Polishing
Petroleum Construction
Fuel Management System Installation
Fixed-Price Service Agreements (FPSAs)

KEY CLIENT LIST
United Pacific
G&M Oil
Jacksons Oil
World Oil
H&S Energy
Parkland USA
Sysco
The Port of Long Beach
American Golf
LAUSD
LADWP
The City of Pasadena
John Wayne Airport
Sunstate Equipment Rentals
Kenan Advantage Group
Republic Services
B&T Service Station Contractors
Fuel Pros

Page 19 ends

GREG MCLUCAS, Project Manager
TRAINING:

First Aid/CPR/AED, 2018
Blood Borne Pathogens Training, 2018
USACE Construction Quality Management (CQM) for Contractors Certification, 2016 40-hour USACE EM 385 1.1 Training, 2015
OSHA Confined Space Entry Certification, 2013
Modern Welding Tank Investigation Certificate, 2000
Xerxes Tank Installation Certificate,
2000
Red Jacket Master Mechanic and Tank
Monitor Certification, 1998
AQMD Rule 461 Gasoline Storage/Dispensing Certification, 1998 ICC UST Operator Certification, 2002
ICC UST Installer/Retrofitting Certification, 2002
ICC Vapor Recovery System Installation
and Repair Certification, 2002
OPW EVR Phase I Certification, 2002
Hirt (VCS 100 System, EVR Phase II, EO
VR-205), 2002
Meets/Exceeds RFP Requirements:
40 years of experience in the POL Facility industry with 30 years of experience in managing POL construction projects
Knowledge of POL systems sufficient
to communicate/understand technical
issues.

Current Knowledge of POL Specifica
tions and QA/QC methods, including
tank inspection, welding, and instal
lation
Completed CQM for Contractors

EXPERIENCE OVERVIEW
Mr. McLucas has 40 years of experience in the fuels industry, including system design, construction, inspection, testing, and quality control of systems repair and sustainment activities. He is also experienced in site coordination, operations planning, organization, and successful management. His management experience of POL facilities includes repair of pipelines, and the sustainment, restoration, and modernization (SRM) of associated POL facilities and equipment, such as fuel storage tank inspections, repairs, coatings, testing, system commissioning activities, and maintenance projects. In his role as project manager, he serves as the primary point of contact for the client and is responsible for overall technical, safety, quality, and administrative performance of the TO, including status reporting, financial tracking, scheduling, project communication and documentation. Mr.

McLucas is versed at UFGS and submittal requirements and USACE three-phased QC system aimed at preventing deficiencies.

RELEVANT PROJECT EXPERIENCE
CQC Manager, RORE, Inc., USACE Omaha POL MATOC, Various Projects and Locations
Providing quality control management for fuel system repairs, oil water separator, and product recovery tank, including demolition, debris removal, and new construction activities. Responsibilities: Develops and submits daily QC reports; inspects all site work to ensure it is implemented in accordance with approved standards and that the QC procedures set forth under the contract are followed; conducts interim inspections; has stop work authority; and inspects completed work to ensure any defects in materials or workmanship are properly identified and corrected in a timely manner; and ensures compliance with performance work statement, Construction QC Plan, Accident Prevention Plan, work plan, and Corporate Quality Management Plan.

Project Manager, Advanced Chemical Transportation, San Jose, CA, Managed POL construction projects and utilized knowledge of POL systems to communicate and understand technical issues. Responsibilities: Oversaw projects for the installation and/or repair of aviation and ground fuels equipment, AST and UST installation and removal, hazardous waste cleanup and disposal, including execution, budget estimating and contract management, status reporting, financial tracking, scheduling, project communication and documentation, and health and safety. Ensured projects completed in accordance with contract requirements and in compliance with local, state, federal, Base, and industry laws, rules, regulations, and standards. Representative POL construction projects include:

NAVFAC, Defense Fuel Support Point (DFSP) Naval Base Coronado and Naval Base Point Loma, San Diego, CA. SOW: Managed emergency repair of the ruptured 8-inch fuel pipeline in accordance with project specifications and drawings. Project included: video camera inspection of the 8-inch carrier and 12-inch containment piping; removal and replacement of approximately 65 feet of 8-inch and 12-inch piping; 100% NDE of all welds; pneumatic testing of new piping; pipe coatings and system commissioning activities.

NAVFAC, Marine Corps Logistics Base (MCLB) Yermo Annex, CA.

SOW: Managed the removal of three 12,000-gallon USTs, removal of two underground hoists, removal of 1000 tons of contaminated soil and disposed, backfill and compacted, placed asphalt, and capped excavation with asphalt.

Project Manager, Lemesnager Engineering, San Diego, CA, Oversaw projects for the installation and/or repair of petroleum equipment, above- and below-ground fuel storage tank installation and removal, hazardous waste cleanup and disposal. Responsibilities: Managed project execution, budget estimating and contract management, status reporting, financial tracking, scheduling, project communication and documentation, and health and safety.

Page 20 ends

MATTHEW BODDE, Estimator/Project Manager

QUALIFICATIONS
Mr. Matthew Bodde is an accomplished Estimator/Project Manager with a penchant for solving complex technical problems and extensive civil, mechanical and environmental engineering experience.

Early in Mr. Bodde’s career, he worked as a Petroleum Supply Specialist for the United States Army supervising fueling operations, equipment maintenance, and spill containment/cleanup. Mr. Bodde earned a Bachelor of Science Degree in Geology and Geophysics from University of Missouri, Rolla shortly thereafter. Determined to make a name for himself, Mr. Bodde worked his way up the corporate ladders at CTI & Associates, the City of Ann Arbor, the City Tecumseh, and Sperry-Sun Drilling Services. Mr. Bodde also worked as an Instructor for the North Harris County Community College (NHCCC) in Houston, TX where he pioneered and taught NHCCC’s first course on Environmental Groundwater.

Mr. Bodde’s experience in the Petroleum and Automotive Equipment Industries dates to the early ‘90s. Mr. Bodde worked as a Project Manager for both Hunt & Hunt Engineering and Perry Williams, Inc. From there, Mr. Bodde joined Western Pump in 1997 where he has become one of our most trusted resources.

AREAS OF EXPERTISE
• Fuel Systems & Vehicle Service Equipment
Design, Engineering, Permitting
Scope Writing, Bidding, Estimating o Construction
Project Management
• Regulations
Federal, State, County

CUPA, CARB
California Fire Code, NFPA
Geotechnical
Drilling & Groundwater Testing Tools o Geological Surveying Data Logging
Interpretation
• Soils, Concrete, Asphalt
• Site Assessments
• Corrective Action Plans
• Remediation System Design & Installation
• Geological Surveying
PROJECT EXPERIENCE•
• Orange County Transportation Authority (OCTA)
• Southern California Edison (SCE) Maintenance Shop
• Gardena Transit
• LA Police Department Headquarters Maintenance Garage
• Olivenhain Municipal Water District (OMWD)
• Los Angeles Department of Water & Power (LADWP)
• Metropolitan Water District (MWD) of Southern California • Marine Corps Base (MCB) Camp Pendleton
• Excel Transportation
• San Diego Gas & Electric (SDG&E)
• Love’s Travel Stops & Country Stores

EDUCATION
Bachelor of Science,
Geology and Geophysics
University of Missouri, Rolla

CERTIFICATIONS (CA)
UST Installation/Retrofitting
Vapor Recovery System Installation

SKILLS & ABILITIES
Sales Engineering
Plans & Specifications
Equipment Take-offs
Estimates
Scope Writing
Submittals, RFIs
Project Management

Page 21 ends

GREGORY LAMBRIGHT, Architect/Engineer

QUALIFICATIONS
Architect-Developer-Entrepreneur with three decades of experience in intelligently planning for and managing the development of approximately 3,000 successful commercial and religious projects throughout the Southwest. At the end of 2017, Greg retired his position as one of the four Principals/Founders of ARCHITEKTON - where he served for more than 28 years. His love of development and assisting others in the planning of financially successful projects is where he has found his greatest satisfaction. Directing the development of beautifully planned projects - that are also financially, environmentally, and contextually successful is where he excels. He is well known in the Southwest for his understanding of the development world and for his abilities to effectively navigate government processes and ensure a smooth and successful project outcome. Greg has become an expert at coordinating large-scale development projects, building programs and complex entitlements.

Since his retirement at the end of 2017, Greg has been able to focus his 30+ years of experience in serving the construction industry and assist those who wish to develop highly successful development projects of their own.

He brings his experience on more than 3,000 projects, with a broad range in Commercial, Public, Religious, Mixed Use, Medical and Community Centered projects, as well as a specialty in developing Gas Stations, Travel Centers and Fueling System projects. Greg has always maintained a strong Client Service ethic, and a dedication to assist his clients in achieving excellence in Design Aesthetic, Financial Viability and Project Functionality! Greg recently served as the managing Architect/Principal for a significant Capstone project - the LDS Temple in Gilbert, AZ. This is a 20-acre masterplan project with multiple prototype buildings and the highest levels of design and detailing – approx. $100,000,000 in size. Besides utilizing his leadership skills in the Master Planning, Architecture, Utility Coordination and Design-Build assets, Greg utilized the latest computer modeling and 3D Printing systems to develop highly detailed drawings, 3D prints and molds for the actual fabrication of thousands of bronze castings for custom light fixtures, door hardware, stair railings, emblems, crown moldings, and CNC carved decorative woodwork. This technology saved millions of dollars in costs and months of time in the fabrication processes, while providing highly detailed and beautifully ornate fixtures, railings and finish details throughout this once in a lifetime project.

RELEVANT PROJECT EXPERIENCE
Antelope Canyon / Navajo Tours
Visitors Center and Boutique Hotel Projects (Design/Build) Wild Horse Pass
Retail + Fueling Station for Gila River Indian Community (Design/Build) Lone Butte Trade Center
Chevron + Tobacco / Gila River Indian Community (Design/Build) On-Auk-Mor
Tobacco Shops/Chevron Fueling – Salt River Pima Maricopa Indian Community (Design/Build)
Ak-Chin
Gas Station/Retail Development Project Planning
Navajo Nation
Twin Arrows Retail Development Projects (in Construction) (Design/Build) Santa Rosa Tachi Tribe
Retail & Fueling Development Project
Texaco
1000+ Retail + Fuel Facility + Auto Service / Wash projects, AZ, CA, NV, TX, WA (Design/Build)
Exxon
250+ Retail Fuel Facility Service/Wash projects, AZ, CA, NV, TX, WA Mobil, Chevron, Shell, Diamond Shamrock, Valero, Tosco, Tesoro, Unocal, AMPM 1000+ Retail + Fuel Facility + Auto Service/Wash projects, AZ, CA, NV, TX, WA

PROFESSIONAL REGISTRATION
Architect, Arizona License 29559
September 1995

AFFILIATIONS
Roots of Humanity Foundation for the
Arts, 501(c)3 – Co-Founder / Treasurer
(2017-present)

Page 22 ends

TWENTYNINE PALMS MARINE MART

PROJECT DESCRIPTION
Design/Build Construction of the MCCS Mini-Mall and Fuel Station, Marine Corps Air Ground Combat Center (MCAGCC) Twentynine Palms, CA. This 7,200-s.f.

Mini-Mall Complex consisted of a C-Store, Barber Shop, Laundromat including all utilities and site development, providing a complete and useable facility.

The core spaces of the C-Store are the sales area, food station, wine and liquor section, video/DVD rental, restrooms, office space, refrigerated coolers, storage, loading, and service areas. The building footprint also included a separate Barber Shop and a Laundromat.

The Fuel Station for this project included a 3,500-s.f. Canopy Structure to provide covering for two (2) islands with six (6) Multi-Product Dispensers (MPDs), three (3) 20,000-gallon Underground Storage Tanks (USTs), a Monument Price Sign, a 3-Terminal Point-of-Sale (POS) System, and a Tank and Continuous Monitoring System.

CHALLENGES & RESOLUTIONS
Western Pump’s design/build team worked closely with all project stakeholders to meet all project requirements while staying within the cost limitation ($4,900,000). To accomplish this, a concept design workshop (CDW) was conducted to coordinate the design elements, examine project functions and requirements, quality and life safety costs, analyze alternate design concepts, expose and resolve project issues, and develop the final conceptual design.

This collaborative effort resulted in a state-of-the-art facility built to comply with California’s stringent regulations including Phase-I and Phase-II Enhanced Vapor Recovery (EVR), and Assembly Bill 2481 (AB-2481).

GENERAL CONTRACTOR: Western Pump
CONTRACT VALUE: $4,790,000

SCOPE OF WORK
Mini-Mall/C-Store is 5,450-s.f. with
Sales Area, Food Station, Restrooms,
Office Space, Refrigerated Coolers,
Storage, Loading, and Service Areas. The
Barbershop is 300-s.f., the Laundromat
is 900-s.f., and the Canopy Structure is
3,500-s.f. There are also Underground
Storage Tanks (3), Fuel Dispensers (6),
and Propane Tank Exchange Station

SERVICES PROVIDED
Architectural Design Engineering
Pedestrian/Vehicular Traffic Flow
Permitting
WebCM Quality Assurance/Quality
Control
Grading
Drainage Systems
Environmental Controls
Excavation & Trenching
Fuel System Installation
Monument Sign Installation
Concrete & Asphalt
Exterior & Area Lighting
Landscaping & Irrigation
Walkways and Sidewalks
Furniture, Furnishings, & Equipment
Point-of-Sale System Installation
Regulatory Inspections & Testin
Start-up & Commissioning
Employee Training
OMSI Manuals

Page 23 ends

OWNER CONTACT
Love’s Travel Stops & Country Stores
Chris Cummings
Supervisor of Fuel Projects
[email protected]
(405) 208-9590

PROJECT DESCRIPTION
The new Love’s Travel Stop & Country Store located in Westmorland, CA. Western Pump was selected to construct the Fueling Systems for this project. Scope of work included all mechanical and electrical control systems, conduits, and wiring for the installation of a large auto and truck stop facility. Project included four (4) Underground Storage Tanks (USTs), four (4) Aboveground Storage Tanks (ASTs) with underground piping and electrical for thirty-four (34) fuel positions under two Canopies.

PROJECT FEATURES
Four (4) 30,000-gallon Underground Storage Tanks (USTs) with Deadmen Anchoring Systems
One (1) 6,000-gallong Oil/Water Separator
Four (4) 12,000-gallon Aboveground Storage Tanks (ASTs) One (1) Tanker Truck Unloading Station
Six (6) 10-HP self-priming centrifugal Pump/Motor Assemblies Eight (8) Submersible Pump Systems
One (1) Junge Biodiesel Blend System
Seventeen (17) Under-Dispenser Containment (UDC) Sumps
Seventeen (17) Metal Island Forms
Nine (9) Multi-Product Fuel Dispensers in the Auto Fueling Area Eight (8) High-Flow Diesel Dispensers in the Truck Fueling Area Three (3) Remote Diesel Fill Stations
Product/Vapor/Vent Piping Systems (above and below ground) Fuel Management, Leak Detection, and Monitoring Systems In-Station Diagnostics (ISD) System

GENERAL CONTRACTOR
Western Pump

CONTRACT VALUE
$2,200,000

SERVICES PROVIDED
Fuel System Permitting
Excavation & Trenching
Engineered Slide Rail Shoring Embeds
Pipe Supports
Tank Installation
Fiberglass Piping Installation
Black Iron Steel Piping Installation
Submersible Pump Systems
Centrifugal Pump Systems
Secondary Containment
Fuel System Electrical
Tank Monitoring System
Tank Pad Installation
Drive Slab Installation
Flow Meter Calibration
Decals & Signage
Start-up & Initialization
Regulatory Inspections
Compliance Testing
Record Drawings
Operation & Maintenance Manuals
Close-out Documentation
LOVE’S TRAVEL STOP #749 (Westmorland, CA)

Page 24 ends

SYCUAN MARKET (El Cajon, CA)

PROJECT DESCRIPTION
The Sycuan Market opened in October of 2019 and is a 5,450-s.f. C-Store with state-of-the-art amenities including a grab and go food service area, walk-in freezer, refrigerated cooler, soda and cold drink beverage counter, hot beverage counter, refrigerated merchandise displays, drive-through tobacco sales window, beer cave, office, restrooms, storage room, IT room, and covered patio area. In addition to this, there is a 1,550-s.f. tenant space area for future use and/or expansion.

The fuel system and forecourt area consist of eight (8) Multi- Product Dispensers (MPDs) offering three grades of gasoline and diesel fuel under a 6,180-s.f. decorative canopy. Five (5) Underground Storage Tanks (USTs) hold 30,000-gallons of 87- Octane Gasoline, 20,000-gallons of 91-Octane Gasoline, 20,000- gallons of Diesel Fuel, 600-gallons of Gasoline Additive, and 600-gallons of Diesel Additive.

The facility was a collaborative design/build project offering high-end reliable equipment with an environmentally sensitive approach. Despite that the facility is located on Tribal Land, Sycuan Tribal Development Corporation required that all aspects of the facility were designed and built to comply with California’s most stringent regulations including federal, state, and local building and fire, and air quality.

GENERAL CONTRACTOR: Western Pump
CONTRACT VALUE: $4,800,000

SCOPE OF WORK
Ground-up Construction
5,450-s.f. C-Store
1,550-s.f. Tenant Space
6,180-s.f. Canopy Structure
Covered Patio Area
Drive-through Tobacco Sales
Quick Service Restaurant
Beer Cave
Walk-in Freezer & Cooler
Point-of-Sale (POS) Equipment
Underground Storage Tanks (USTs)
Eight (8) Fuel Dispensers
Monument Price Sign

OWNER CONTACT
Sycuan Tribal Development
Corporation
Sid Morris, Director
[email protected]
(619) 445-4564

Page 25 ends

SDIA RENT-A-CAR CENTER (San Diego, CA)

PROJECT DESCRIPTION
The new consolidated rental car center (CONRAC) at the San Diego International Airport is a massive two-million square-foot structure that houses 16 rental car companies, a customer service building, a quick-turn-around car prep facility and a 5,400-car ready/return area. Western Pump was selected to construct the Fueling and Car Wash Systems for this project. Both scopes of work include the mechanical and electrical control systems, conduits, and wiring.

CHALLENGES & RESOLUTIONS
One of the challenges on this project included a high-water table in the area of the tank pit excavation. Western Pump worked with its subcontractors to excavate, shore, dewater, test, and filter the water prior to proper discharge into the City’s sewer system. Also, this multi-level Fuel System will be a first one of its kind in the County of San Diego. As such, Western Pump has worked diligently with the County of San Diego Department of Environmental Health Hazardous Materials Division (HAZMAT) to phase the required inspections so that the project schedule could be kept on track.

GENERAL CONTRACTOR
Austin | Sundt JV
Brad Kirsch, Project Director
[email protected]
(619) 572-2711
SUBCONTRACT VALUE: $4,250,000

PROJECT FEATURES
Three (3) 25,000-gallon Underground Storage Tanks (USTs) Twelve (12) 4-HP Variable Speed Submersible Pump Systems Thirty-six (36) Fuel Dispensers (72 fueling positions)
Double-wall Fiberglass Underground Piping Systems
Double-wall Steel Aboveground Piping Systems
Fuel Management, Leak Detection, and Monitoring Systems Fifteen (15) Car Wash Systems

OWNER CONTACT
San Diego County Regional
Airport Authority
Brian Lahr, Construction Manager
[email protected]
(619) 400-2405

SERVICES PROVIDED
BIM Drawings
BIM Coordination
Excavation & Trenching
Engineered Slide Rail Shoring
Dewatering
Embeds
Pipe Supports
Seismic Restraints
Tank Installation
Piping System Installation
Manifold Valving Systems
Secondary Containment Systems
Submersible Pump Systems
Fuel System Electrical
Tank Monitoring System
Fuel Management Systems
Tank Pad Installation
Car Wash Electrical
Car Wash Installation
Regulatory Inspections
Compliance Testing
Start-up & Initialization

Page 26 ends

DESIGN/BUILD FUEL SERVICES FACILITIES, (Camp Pendleton, CA)

PROJECT DESCRIPTION
Design and construction of six (6) automated fuel facilities to provide retail fuel services (JP-8, B-20, E-85, Mogas), and daily bulk fuel services (JP-8 and B-20) 24-hours a day, 365- days a year. After completion of construction, WILLBROS Government Services will operate and maintain the facilities for up to twenty (20) years. All sites are built to handle vehicles up to 60-tons.

SCOPE OF WORK
As a subcontractor to WILLBROS, Western Pump constructed six (6) new contractor-owned contractor-operated (COCO) fueling facilities at MCB Camp Pendleton, CA to provide unleaded gasoline, biodiesel, and E-85 to military vehicles. This included twenty-five (25) Underground Storage Tank (UST) Systems, twenty-four (24) submersible pump systems, six (6) fuel island canopy structures, eighteen (18) fuel dispensers, six (6) monitoring systems, six (6) vapor recovery systems, six (6) fuel management systems, and three (3) bulk loading racks. Western Pump self-performed the following tasks: fuel system permitting, excavation, shoring, soil disposal, dewatering, tank installation, backfilling, compacting, canopy footings, trenching, product piping, vapor piping, fuel system electrical (above and below ground), submersible pump installation, fuel dispenser installation, monitoring system installation, Phase-I and Phase-II vapor recovery system installation, fuel management system installation, canopy lighting electrical, fuel system pre-testing and final testing, certification, start-up and initialization of equipment with certified technicians, meter calibration, employee training, and clean-up.

GENERAL CONTRACTOR
WILLBROS Government Services
Rick Grossman, Vice President
[email protected]
(918) 629-7700
SUBCONTRACT VALUE: $4,950,000

OWNER CONTACT
Defense Logistics Agency (DLA)
Monica Fass, Contracting Officer
[email protected]
(703) 767-9335

SERVICES PROVIDED
Design Assistance
Permitting
Engineered Shoring
Excavation & Trenching
Dewatering
Canopy Footings
Canopy Installation
Tank Installation
Electrical Installation
Secondary Containment
Piping System Installation
Submersible Pump Systems
Enhanced Vapor Recovery (EVR)
Fuel Management Systems
Fuel System Electrical
Building & Area Lighting
Start-up & Initialization
Enhanced Leak Detection Testing
Compliance Testing
Inspections

Page 27 ends

OCOTILLO MARINE MART (Twentynine Palms, CA)

PROJECT DESCRIPTION
Design/Build Construction of the MCAGCC Ocotillo Marine Mart, Marine Corps Air Ground Combat Center (MCAGCC) Twentynine Palms, CA. Western Pump designed and built the Fuel System for this project which consisted of two (2) 12,000-gallon Aboveground Storage Tanks (ASTs), two (2) Multi-Product Fuel Dispensers, a 2- Column Canopy Structure with LED Lighting, a Monument Price Sign, a 1-Terminal Point-of-Sale (POS) System, and a Tank Monitoring System.

In addition to this, Western Pump self-performed the entire site electrical, concrete, plumbing, HVAC, fire alarm, and roofing scopes of work.

GENERAL CONTRACTOR: Western Pump
CONTRACT VALUE: $2,950,000

CHALLENGES & RESOLUTIONS
Design and engineering was underway for an Underground Storage Tank (UST) System; however, the end user changed its mind and decided in favor of an Aboveground Storage Tank (AST) System instead. Western Pump worked diligently with its design consultant to completely “switch gears” and deliver the project drawings on time. Once the design was completed, Western Pump then had to re-quote the project accordingly. Negative cost impacts were substantially minimized by working together to value engineer (VE) the fuel system without sacrificing quality. Unified Facilities Criteria (UFC) requirements were also adhered to in order to comply with mission critical facility standards.

SCOPE OF WORK
Marine Mart, 4,200-s.f.

Fueling Station, 1,900-s.f.

Auto and Motorcycle Parking
Pedestrian Access Sidewalk
Exterior Building Signage
On-grade auto & motorcycle
parking Site pavement and
markings
Pedestrian access sidewalk
improvements

SERVICES PROVIDED
Architectural Design
Engineering Traffic Control
Permitting
Cleaning, grubbing, removal
Rough grading
Storm Water Pollution Prevention
Asphalt, Concrete Paving
Curb & gutter
Water service
Sanitary Sewer
Site electrical
Landscaping and hardscape
Slab on grade
Masonry
Structural steel
Carpentry
Thermal & moisture protection
Automatic entrance systems
Exterior glazing & storefront framing
Interior glazing
Gypsum wallboard
Acoustical ceiling systems
Exterior security screen/fencing
Domestic water piping
Fire protection
Site lighting
Exterior Building signage
Landscaping
Self-service air compressor &
water Fueling Station
Aboveground Fuel Storage Tanks
Vapor Recovery System
Refuse and recycling enclosures

Page 28 ends

PILOT FLYING J TRAVEL CENTER (Brawley, CA)

POINTS OF CONTACT
Brandon Parks, Director of
Construction at Pilot Flying J
[email protected]
(865) 474-3973

SERVICES PROVIDED
Excavation & Trenching
Tank Installation
Secondary Containment
Piping System Installation
Submersible Pump Systems
Enhanced Vapor Recovery
Dispenser Installation
Start-up & Initialization
Enhanced Leak Detection Testing
Compliance Testing
Inspection
CLIENT
Pilot Flying J

PROJECT DESCRIPTION
The Pilot Flying J Fuel System Install was completed in January of 2019.

Western Pump was selected to construct the Fueling Systems for this project. The scope of work included all mechanical and electrical control systems, conduits, and wiring for the installation of an auto and truck stop facility located in Brawley, CA. The project included the installation of two (2) Underground Storage Tanks (USTs) and four (4) Aboveground Storage Tanks (ASTs) with underground piping and electrical for (24) fuel positions under two canopies.

CONSTRUCTION COST: $600,000

PROJECT FEATURES
Two (2) Underground Storage Tanks (UST’s) (25,000 gallons and 12,000 gallons)
Four (4) 12,000 gallon Aboveground Storage Tanks (AST’s) One (1) 4,000 gallon Oil Water Separator (OWS)
Tank top equipment, product piping (diesel, gas, and DEF), and vapor piping
Fuel, DEF, and OWS system vent piping
Seven (7) UST & OWS sumps
Three (3) pipe transition sumps
Twelve (12) Under Dispenser Containments (UDCs)
One (1) remote fill diesel fill station
Fuel and DEF aboveground piping
Twelve (12) fuel dispensers and hanging hardware

Page 29 ends

CHOLLAS CREEK QUAYWALL FUEL TANK PROJECT
(Naval Base San Diego, CA)

PROJECT DESCRIPTION
This design/build Marina Fuel Facility (MFF) Project included installing a 10,000-gallon two-compartment Aboveground Storage Tank (AST) at the Quaywall and double-wall Piping Systems down to a floating dock for gasoline and diesel fuel dispensing into small craft vessels.

The Department of Defense’s (DoD) Unified Facilities Criteria (UFC) requirements for petroleum fuel facilities were adhered to along with California Air Resource Board (CARB) Phase-I Enhanced Vapor Recovery (EVR) for ASTs.

CHALLENGES & RESOLUTIONS
The most significant challenge with this project was designing the piping systems to accommodate for the tidal fluctuations (minus 4-feet to plus 8-feet). This was accomplished through collaboration and teamwork with the piping system manufacturer, OmegaFlex, to custom-design piping systems and cradles to hold the double- wall dock connectors in a safe manner during the rise and fall of the tides.

GENERAL CONTRACTOR
Menco Pacific, Inc.

Craig Halverson, Project Manager
[email protected]
(760) 747-4405
SUBCONTRACT VALUE: $450,000

PROJECT FEATURES
UL-2085 Listed 10,000-gallon Aboveground Storage Tank (AST) for Gasoline and Diesel Fuel
Leak Detection & Monitoring System
Double-wall Stainless Steel Flexible Product Piping Systems with Corrosion Protection
Marina Fuel Dispensers with Enclosures for Hose Reels

GOVERNMENT CONTACT
Philip Goodman, Project Manager
COMNAVREG SW Port Operations
[email protected]
(619) 556-3659

SCOPE OF WORK
Design/Build
Marina Fuel Facility (MFF)
Aboveground Storage Tank (AST)
Fuel Dispensing Systems
Electrical

SERVICES PROVIDED
Design & Engineering
Permitting
Demolition, Removal & Disposal
Excavation & Trenching
Piping System Installation
Class-I Division-I &-II Electrical
Monitoring System
Compliance Testing
Flow Meter Calibration
Inspections
Project Close-out

Page 30 ends

DELUXE AUTO CARRIERS INC. (Jurupa Valley, CA)

PROJECT DESCRIPTION
The new Deluxe Auto Carriers located in Jurupa Valley, CA. Western Pump was selected to design and construct the Fueling Systems for this facility. Scope of work included all design, engineering, mechanical and electrical control systems for the installation of a commercial trucking fuel facility. Project included one (1) Aboveground Diesel Storage Tank, one (1) Aboveground DEF Storage Tank with piping and electrical under a 30’ x 57’ Cantilever Canopy.

GENERAL CONTRACTOR: Western Pump
CONTRACT VALUE: $400,000

PROJECT FEATURES
One (1) 12,000-gallon Aboveground Storage Tank (AST)
One (1) 4,000-gallong DEF Tank
Two (2) Submersible Pump Systems
Two (2) Under-Dispenser Containment (UDC) Sumps
One (1) DEF Dispenser with Stainless Steel Piping
One (1) High-Flow Diesel Dispenser Two (2) Remote Fill Stations Fuel Management
Leak Detection and Monitoring Systems
LED Lighting
Commercial Vacuum

SERVICES PROVIDED
Fuel System Design & Engineering
Fuel System Permitting
Procure Equipment
Canopy Installation
Tank Installation
Piping Installation
Pump Systems
Fuel System Electrical
Tank Monitoring System
Fuel Management System
DEF System
Tank Pad Installation
Drive Slab Installation
Flow Meter Calibration
Crash Protection
Decals & Signage
Start-up & Initialization
Regulatory Inspections
Record Drawings
Operation & Maintenance Manuals
Close-out Documentation
OWNER
Deluxe Auto Carriers Inc.

Jesse Holguin, President
[email protected]
(909) 746-0900

Page 31 ends

METRO DIVISION 13 BUS MAINTENANCE FACILITY (Los Angeles, CA)

PROJECT DESCRIPTION
The new LA Metro Division 13 Bus Maintenance and Operations Facility stands as one of the most advanced transit facilities in the nation. It includes a maintenance facility with 19 service bays for Metro’s growing fleet and employee parking for 382 vehicles. As a subcontractor to McCarthy Building Companies, Inc., Western Pump was responsible for providing and installing vehicle service equipment, process piping systems, compressed air equipment, and compressed air piping systems.

CHALLENGES & RESOLUTIONS
Coordination of subcontractor trades is never easy, especially in a facility this complex. McCarthy’s Project Execution Team implemented the use of Building Information Modeling (BIM) to accomplish this task. Western Pump participated in regular BIM coordination meetings to help identify conflicts prior to work being performed on-site during construction. A significant amount of time and money was saved, and a higher quality of work was produced by all subcontractors that were involved in this process.

GENERAL CONTRACTOR
McCarthy Building Companies
Khatchig Tchapadarian Project Director
[email protected]
(949) 466-9770
SUBCONTRACT VALUE: $800,000

SCOPE OF WORK
BIM Coordination
Vehicle Service Equipment
Aboveground Storage Tanks
Process Piping Systems
Compressed Air System

SERVICES PROVIDED
BIM Drawings
BIM Coordination
Piping System Installation
Inspections
Project Close-out

PROJECT FEATURES
Containment Solutions
Aboveground Storage Tanks (ASTs)
Balcrank Pneumatic Pump Systems
Graco Hose Reel Banks
Champion Air Compressors
TransAir Piping Systems

Page 32 ends

BROWN FIELD BORDER PATROL STATION (Dulzura, CA) -
Currently Under Construction

PROJECT DESCRIPTION
The Brown Field Border Patrol Station located in Dulzura, CA is in progress and nearing completion. The scope of work includes the installation of vehicle service equipment, an aboveground fuel system, fuel system electrical, and start-up and commissioning.

GENERAL CONTRACTOR: Western Pump

PROJECT FEATURES
Three (3) 240-gallon Double-Wall UL-142 Oil Tanks
One (1) 480-gallon Double-Wall UL-142 Oil Tank
One (1) Waste Oil Receiver
One (1) Waste Coolant Receiver
Six (6) Hose Reels
Three (3) Aboveground Two-Post Lifts
One (1) Four-Post Alignment Rack
One (1) Tire Changer
One (1) Tire Balancer
One (1) Work Bench Storage Combo
Two (2) 12,000-gallon UL-2085 Aboveground Storage Tank
One (1) 8,000-gallon UL-2085 Aboveground Storage Tank
Eight (8) Single-Hose Gasoline Dispensers
Two (2) Single-Hose Diesel Dispensers
Ten (10) Aboveground Conversion Frames
One (1) HIRT Vapor Recovery Burner System
Five (5) Fuel Management Systems
One (1) Tank Monitor and Leak Detection System
Fuel System Electrical
Testing, Start-Up, and Commissioning

SERVICES PROVIDED
Vehicle Service Equipment Distribution
Fuel System Equipment Distribution
Tank Installation
Automotive Equipment Installation
Piping Installation
Fuel Dispenser Installation
Fuel Management System Installation
Fuel System Electrical
Start-Up & Initialization
Regulatory Inspections
Close-out Documentation

Page 33 ends

LEGOLAND FUEL FACILITY (Carlsbad, CA)

PROJECT DESCRIPTION
The LEGOLAND Fuel Facility is located in Carlsbad, CA. The scope of work included the installation of an aboveground fuel system and fuel management system.

PROJECT FEATURES
One (1) 4,000 Gallon Aboveground Storage Tank (AST) w/ tank top equipment
Two (2) Tank Mounted Dispensers
One (1) Retractable Hose Reel
Two (2) Interstitial Leak Detectors
Two (2) Level Transmitters
One (1) Control Panel
One (1) Fuel Management System
Testing, Start-Up, and Commissioning
Services Provided:

Tank Installation
Piping Installation
Fuel Dispenser Installation
Fuel Management System Installation
Start-Up & Initialization
Regulatory Inspections
Close-out Documentation

SERVICES PROVIDED
Tank Installation
Piping Installation
Fuel Dispenser Installation
Fuel Management System Installation
Start-Up & Initialization
Regulatory Inspections
Close-out Documentation
GENERAL CONTRACTOR: Western Pump

Page 34 ends

SEAWORLD MAINTENANCE FACILITY (San Diego, CA)

PROJECT DESCRIPTION
The SeaWorld Maintenance Facility underground storage tank replacement project located in San Diego, CA was completed in January of 2021. The scope of work includes permitting, petroleum dispensing equipment, an underground fuel system, a fuel management system, a tank monitoring system, fuel system electrical, and start-up and commissioning.

GENERAL CONTRACTOR: Western Pump

PROJECT FEATURES
Department of Environmental Health and Local Fire Permits One (1) 10,000-gallon AB-2481 Double-Walled Underground Storage Tank One (1) Twin-Hose Twin Product Gasoline/Diesel Dispenser One (1) Fuel Management Systems
One (1) Tank Monitor and Leak Detection System
Fuel System Electrical
Testing, Start-Up, and Commissioning

SERVICES PROVIDED
Permitting
Fuel System Equipment Distribution
Tank Removal
Tank Installation
Piping Installation
Fuel Dispenser Installation
Fuel Management System Installation
Tank Monitor Installation
Fuel System Electrical
Start-Up & Initialization
Regulatory Inspections
Close-out Documentation

Page 35 ends

LOVE’S TRAVEL STOP & COUNTRY STORE (Bliss, ID)

PROJECT DESCRIPTION
The Love’s Travel Stop & Country Store located in Bliss, ID was completed and opened up its doors on December 17th. The scope of work included excavation and trenching, installation of the auto and diesel fueling areas, installation of the auto and diesel forecourt, all piping systems, installation of the monitoring system, all the fuel system electrical and testing, start-up, and commissioning of the site.

GENERAL CONTRACTOR: Western Pump

PROJECT FEATURES
Six (6) Underground Storage Tanks (USTs)
Underground piping and electrical
Twentyfive (25) fueling points
Nineteen (19) fueling dispensers
Two (2) canopies
Two (2) Multi-Compartment Underground Lube Tanks
Ten (10) Medium Pressure Oil Pumps
One (1) Grease Pump
One (1) Waste Oil Pump
Aboveground Product Pipe

Page 36 ends

QUIKTRIP 489 (Casa Grande, Arizona)

PROJECT DESCRIPTION
The QuikTrip Store located in Casa Grande, Arizona is currently under construction and will be pushing to open soon! The scope of work included excavation, trenching, backfill, fuel system installation, testing, start-up, and commissioning.

PROJECT FEATURES
Five (5) 15,000 Gallon Underground Storage Tanks (UST)
Five (5) single-walled, turbine tank sump
Ten (10) Gilbarco Encore 700s
Underground Pipe Installation
Back Fill Tank and Pipe Excavation
Tank Monitoring System Equipment
Testing, Start-Up, and Commissioning

SERVICES PROVIDED
Saw cut, breakout, remove concrete
Tank Installation
Piping Installation
Fuel Dispenser Installation
Tank Monitoring System Upgrade
Drive Slab Installation
Flow Meter Calibration
Start-Up & Initialization
Regulatory Inspections
Close-out Documentation
GENERAL CONTRACTOR: Western Pump
______________________________________________________________________________________________ (888) 239-9988 SAN DIEGO | LOS ANGELES | PHOENIX westernpump.com

09/24/2024
Letter of Introduction
Western Pump is a general and specialty contractor serving the petroleum and transportation industries, and mission critical infrastructure. Over the past eight decades, Western Pump has built a reputation as a single-source solution. We complete quality projects on time and within budget while providing unsurpassed services. Our expert teams are equipped with the required resources to build cost-effective projects while meeting demanding schedules and limited budgets. Western Pump’s staff of professionals has a proven track record for delivering quality, reliability, exceptional customer service, reduced downtime, and peace of mind.

We look forward to partnering with the City of Porterville to provide turnkey upgrades to their existing fuel systems at the City Corporation Yard and Porterville Airport. I will include our statement of qualifications within our submitted documents which provides more information about our company.

Sincerely,
John Hendrick
Account Executive
Western Pump, Inc
310-463-4276
[email protected]

;)78)624914
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L 'SRXVEGXSVMRJYVRMWLMRKWIVZMGIWLIVIYRHIVMWEGXMRKSRP]EWERMRHITIRHIRXGSRXVEGXSV'SRXVEGXSVHSIWRSXYRHIVXEOIF]XLMWEKVIIQIRXSVSXLIV[MWIXSTIVJSVQER] SFPMKEXMSRWSJ3[RIV[LIXLIVVIKYPEXSV]SVGSRXVEGXYEPSVXSEWWYQIER]VIWTSRWMFMPMX]JSV3[RIV WFYWMRIWWSVSTIVEXMSRW
'ERGIPPEXMSRERH6IXYVRSJ+SSHW3[RIVQE]GERGIPERSVHIVSRP]YTSREHZERGI[VMXXIRETTVSZEPSJ'SRXVEGXSVTVSZMHIH3[RIVTVITE]WXLIJVIMKLXGLEVKIWERH'SRXVEGXSV W
VIEWSREFPIGERGIPPEXMSRERHVIWXSGOMRKGLEVKIWFEWIHMRTEVXSRQERYJEGXYVIV WGLEVKIW2SQIVGLERHMWIMWVIXYVREFPI[MXLSYX'SRXVEGXSV WEHZERGI[VMXXIRGSRWIRX1IVGLERHMWI
QYWXFIVIXYVRIH[MXLMRXIR

HE]WSJ3[RIV
WVIGIMTXSJ[VMXXIREYXLSVM^EXMSRERHQYWXFIEGGSQTERMIHF]XLIMRZSMGIRYQFIVERHSVEGST]SJXLIWEPIWVIGIMTX%XXLISTXMSRSJ 'SRXVEGXSVVIXYVRSJQEXIVMEPTVMSVXSVIGIMZMRK'SRXVEGXSV WETTVSZEP[MPPVIWYPXMRQEXIVMEPVIQEMRMRKXLITVSTIVX]SJ3[RIVERHMX[MPPFIWXSVIHEX3[RIV WVMWOERHI\TIRWI-J
'SRXVEGXSVEGGITXWXLIQEXIVMEPMRVIXYVRJSVGVIHMXELERHPMRKGLEVKIFEWIHMRTEVXSREGGITXERGISJXLIQEXIVMEPJSVVIXYVRF]XLIQERYJEGXYVIV[MPPFIGLEVKIHERHRSXGVIHMX[MPPFI MWWYIHXS3[RIVYRXMPGVIHMXJVSQXLIQERYJEGXYVIVMWVIGIMZIH +SZIVRQIRXEP'SQTPMERGI)RZMVSRQIRXEPGSQTPMERGIMW3[RIV WVIWTSRWMFMPMX]-XWJEMPYVIXSGSQTP]WXVMGXP][MXLETTPMGEFPIJIHIVEPWXEXISVPSGEPVIUYMVIQIRXWVYPIW ERHSVVIKYPEXMSRW
MRGPYHMRKFYXRSXPMQMXIHXSXLSWIETTPMGEFPIXSRSXMGI WLEPPGSQTPIXIP]ZSMHEPPI\TVIWWSVMQTPMIH[EVVERXMIWSJ'SRXVEGXSV-XMWXLI3[RIV W
VIWTSRWMFMPMX]XSVITSVXER]MRZIRXSV]WLSVXEKISVWYWTIGXIHVIPIEWIWXSJIHIVEPWXEXIERHEPPSXLIVEYXLSVMXMIWLEZMRKNYVMWHMGXMSRERHXS'SRXVEGXSVSVEGIVXMJMIHXEROLERHPIV[MXLMR LSYVWSJSGGYVVIRGI3[RIVEKVIIWXSLSPH'SRXVEGXSVLEVQPIWWJVSQERHMRHIQRMJ]ERHHIJIRH'SRXVEGXSVEKEMRWXER]GPEMQWSVPMEFMPMX]VIPEXMRKXS3[RIV WJEMPYVIXSGSQTP]WXVMGXP]
[MXLEPPJIHIVEPWXEXISVPSGEPIRZMVSRQIRXEPVIUYMVIQIRXWVYPXIWERHSVVIKYPEXMSRWMRGPYHMRKXLSWIETTPMGEFPIXSRSXMGI9RPIWWSXLIV[MWIWTIGMJMIHLIVIMR3[RIVSVMXWEKIRXWLEPP JYVRMWLWXEXIJMVIQEVWLEP
WTIVQMXMJVIUYMVIHERHEPPSXLIVTIVQMXWPMGIRWIWMRWTIGXMSRJIIWSVETTVSZEPW[LIXLIVVIUYMVIHF]JIHIVEPWXEXISVPSGEPVIKYPEXMSRW3[RIVWLEPPVIKMWXIV EPPRI[SVVITPEGIQIRXVIKYPEXIHWXSVEKIXEROWMREGGSVHERGI[MXLETTPMGEPIWXEXIERHPSGEPVIKYPEXMSRW 1ERYJEGXYVIV-RJSVQEXMSR'SRXVEGXSV[MPPTVSZMHIQERYJEGXYVIV WTVSHYGXMRJSVQEXMSRERHMRWXEPPEXMSRMRWXVYGXMSRWJSVMRJSVQEXMSREPTYVTSWIWFYXQEOIWRSVITVIWIRXEXMSRWVIKYEVHMRK WYGLMRJSVQEXMSR

8IWXMRK9RPIWWSXLIV[MWIWTIGMJMIHLIVIMR'SRXVEGXSVWLEPPTIVJSVQXIWXMRKVIUYMVIHF]KSZIVRQIRXEPVIKYPEXMSRWGSRGIVRMRKXLIMRWXEPPEXMSRSJIUYMTQIRXMRWXEPPIHF]'SRXVEGXSV YRHIVXLMWEKVIIQIRX
RSXMRGPYHMRKTVSHYGXXIWXMRK
%R]SXLIVVIUYMVIHXIWXMRKWLEPPFIVIWTSRWMFMPMX]SJ3[RIVERHEPPGSWXWXSTIVJSVQWEMHXIWXWWLEPPFITEMHF]3[RIVYRPIWW SXLIV[MWIWTIGMJMIHMR[VMXMRK

,EVH[EVI7SJX[EVI'SQTEXEFMPMX]-RGSRRIGXMSR[MXLXLMWTVSTSWEPXLITEVXMIWEWWYQIXLEXER]JYIPMRKW]WXIQLEVH[EVIERHWSJX[EVIWYTTPMIHF]3[RIVMWMRLIVIRXP]GSQTEXMFPI ERHVIUYMVIWSRP]VSYXMRIWXEVXYTERHTVSKVEQQMRK-JSRWXEVXYTMXMWHMWGSZIVIHXLEXXLILEVH[EVIERHSVWSJX[EVIMWRSXGSQTEXEFPISVLEWMRREXIHIJMGMIRGIMWXLEXVIUYMVIEHHMXMSREP GSRJMKYVEXMSRSVYTKVEHMRK'SRXVEGXSV[MPPFILIPHLEVQPIWWJVSQER]VIWYPXMRKHIPE]WMRGSQTPIXMSRSJ[SVOERHWLEPPFIIRXMXPIHXSJYPPTE]QIRXSJXLI'SRXVEGX4VMGI %HQMRMWXVEXMZI4VSZMWMSRW
E 'LERKIW8LMWEKVIIQIRXQE]FIEQIRHIHEXXLIVIUYIWXSJIMXLIVTEVX]JVSQXMQIXSXMQIF][VMXXIR'LERKI3VHIVWMKRIHF]FSXLTEVXMIWWIXXMRKJSVXLXLITEVXMGYPEVGLERKIW XSFIQEHIERHXLIIJJIGXSJWYGLGLERKIWSRXLITVMGIERHSRXLIXMQISJGSQTPIXMSRWYFNIGXXS'SRXVEGXSV WETTVSZEP
F 6IGSVHOIITMRK3[RIVMWVIWTSRWMFPIXSOIITHEMP]EGGYVEXIMRZIRXSV]VIGSVHWSRTVSHYGXWWXSVIHMRXEROWPMRIWERHHMWTIRWMRKIUYMTQIRXEWVIUYMVIHF]PE[-RXLIIZIRXSJ ERMRZIRXSV]HMWGVITERG][MXLMRHE]WJVSQHEXISJMRWXEPPEXMSR3[RIVWLEPPMQQIHMEXIP]RSXMJ]'SRXVEGXSVJSPPS[IHF][VMXXIRGSRJMVQEXMSR-223):)287,%00 '3286%'836&)6)74327-&0)*36(-7'6)4%2'-)7'0)%294366)0%8)('3787-2'966)(*367%-((-7'6)4%2'-)746-3683238-*-'%8-32 ;)78)624914
*7XVIIX
7ER(MIKS'%

[[[[IWXIVRTYQTGSQ
5YSXI

7IT
G 'SRXMRKIRGMIW'SRXVEGXSV[MPPFII\GYWIHJVSQTIVJSVQERGIYRHIVXLMWEKVIIQIRXERH[MPPLEZIRSPMEFMPMX]JSVER]TIVMSHMXMWTVIZIRXIHJVSQTIVJSVQMRKER]SJMXWSFPMKEXMSRW MR[LSPISVMRTEVXEWEVIWYPXSJHIPE]WGEYWIHF]XLI3[RIVSVEXLMVHTEVX]SVF]EREGXSJ+SH[EVJMVIJPSSHW[MRXIVGSRHMXMSRWQERYJEGXYVIVW TVSHYGXMSRWGLIHYPIW
MRWXEPPEXMSRWGLIHYPIWERHGSSVHMREXMSRSJXVEHIWHIPE]WMRXVERWTSVXEXMSREGXWSJKSZIVRQIRXEKIRGMIWEGGMHIRXWGSYVXSVHIVPEFSVHMWTYXIXLMVHTEVX]TIVJSVQERGISV RSRTIVJSVQERGISVSXLIVGEYWIFI]SRH'SRXVEGXSV
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

MRHMZMHYEP
WVEGIGSPSVVIPMKMSRWI\EKISVREXYVEPSVMKMR
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
'LERKI3VHIVW%R]GLERKISVQSHMJMGEXMSRXSXLISVMKMREP'SRXVEGXQYWXFIMR[VMXMRKWMKRIHF]FSXL'SRXVEGXSVERH3[RIV-J'SRXVEGXSVGSRWIRXWXSEVIUYIWXJSVEGLERKISVHIV ER]WYGLGLERKIWSVQSHMJMGEXMSRWWLEPPFIMRGSVTSVEXIHXSKIXLIV[MXLEJYPPHIWGVMTXMSRSJXLIGLERKIWERHSVQSHMJMGEXMSRWGSZIVIHXLIVIF]SRE[VMXXIR'LERKI3VHIVJSVQXSFI I\IGYXIHF]FSXL'SRXVEGXSVERH3[RIV3[RIVWLEPPFIVIWTSRWMFPIJSVTE]QIRXSJER]GLERKISVHIVWRIXXIR
HE]WYTSRVIGIMTXSJMRZSMGI
5YEPMJMGEXMSRWSJ;SVO8LIJSPPS[MRKEVII\GPYHIHJVSQXLI'SRXVEGX(SGYQIRXWYRPIWWWTIGMJMGEPP]WXEXIHSXLIV[MWI

E 'SRWXVYGXMSR7IVZMGIW

M 0EFSVQEXIVMEPWXE\IWTIVQMXWERHSYXWMHIWIVZMGIWJSVQIGLERMGEPGSQTEGXMSRIPIGXVMGEPFPEGOXST[EXIVERHWI[IV[SVO MM (IEHQIRERGLSVWJSYRHEXMSRWGEXLSHMGTVSXIGXMSRERHVIQSZEPSJXEROGSRXIRXW MMM -JGSRGVIXIWPEFMWTPEGIHERHJMRMWLIHYRHIVXLMW'SRXVEGX'SRXVEGXSVMWRSXVIWTSRWMFPIJSVXLITIVJSVQERGISJXLIWPEFMJRSXTVSXIGXIHJVSQXVEJJMGF]3[RIVJSVXIR

HE]WEJXIVGSQTPIXMSRSJGSRGVIXI[SVO
MZ -RGEWISJ[MRXIV[SVOEJXIV3GXSFIV'SRXVEGXSVWLEPPHSMXWFIWXXSTVSZMHIEPPGSRGVIXI[SVOWTIGMJMIHLS[IZIVRS[EVVERX]WLEPPFIQEHIEWXSXLIJMREPGSRHMXMSRSJ XLIGSRGVIXI
F )RZMVSRQIRXEP7IVZMGIW7SMP6IQIHMEXMSR
-RXLIIZIRXGSRXEQMREXMSRMWJSYRH'SRXVEGXSV[MPPGSRXEGX3[RIVXSHMWGYWWXLII\XIRXSJXLIGSRHMXMSRERHXSHIGMHIYTSRE HIWMVIEFPIGSYVWISJEGXMSR%R]I\TIRWIWMRGYVVIHEWEVIWYPXSJGSRXEQMREXMSR[MPPFIEXXLI3[RIV WI\TIRWI'SRXVEGXSVWLEPPRSXFIVIWTSRWMFPISVPMEFPIJSVTVII\MWXMRK TSPPYXMSRSVGSRXEQMREXMSRRSVWLEPP'SRXVEGXSVFIPMEFPIJSVER]TSPPYXMSRSVGSRXEQMREXMSRSGGYVVMRKXLVSYKLRSJEYPXSJ'SRXVEGXSV8LIGPIERYTVIQSZEPERHHMWTSWEPSJWYGL GSRXEQMREXMSRWLEPPFI3[RIV
WVIWTSRWMFMPMX]
G 0MUYMH7PYHKI6IQSZEP4VMSVXSXEROVIQSZEP3[RIVWLEPPLEZIEPPTVSHYGXVIQSZIHJVSQXLIXERO-RXLIIZIRXXLIVIMWER]PMUYMHWPYHKIMREXEROEXXLIXMQISJVIQSZEP 'SRXVEGXSVQE]EVVERKIJSVPMUYMHWPYHKIVIQSZEPSREXMQIERHQEXIVMEPFEWMWEX3[RIV WI\TIRWI
4E]QIRX8IVQW9RPIWWSXLIV[MWIWTIGMJMIHMRXLI'SRXVEGXEPPTE]QIRXWWLEPPFITEMHMRJYPPF]3[RIVRIXXIR
HE]WYTSRVIGIMTXSJMRZSMGIF]3[RIV1ENSVIUYMTQIRXWLEPPFI TEMHMRJYPPYTSRVIGIMTXSJIUYMTQIRXEX'SRXVEGXSV
W[EVILSYWISVXLINSFWMXI[LMGLIZIVWLEPPSGGYVJMVWX*SVXLSWITVSNIGXWVIUYMVMRKQYPXMTPIGSRWXVYGXMSRHVE[W3[RIVLIVIF] EKVIIWXLEXMXWLEPPLEZITEMH'SRXVEGXSVEREQSYRXRSXPIWWXLERRMRIX]TIVGIRX

SJXLIXSXEPGSRXVEGXWYQMRGPYHMRKGLERKISVHIVWTVMSVXS'SRXVEGXSVTVSZMHMRKXLIJMREP GIVXMJMGEXISJSGGYTERG]ERHSVXLIWXEVXYTSJQENSVIUYMTQIRX%R]VIXEMREKIMJER]WLEPPFITEMHXS'SRXVEGXSV[MXLMRXIR
HE]WSJGSQTPIXMSRSJEPPTYRGLPMWXMXIQW
4VSXIGXMSRSJ;SVO4VSTIVX]4IVWSRW
E 'SRXVEGXSVWLEPPLEZIRSPMEFMPMX]JSVHEQEKIMRNYV]SVPSWWXSTVSTIVX]SVTIVWSRWEXXVMFYXEFPIXSXLIJEYPXSJ(VE[MRKWSV7TIGMJMGEXMSRWYRPIWWTIVTEVIHF]'SRXVEGXSVSVXLI RIKPMKIRXEGXSVSQMWWMSRSJ3[RIVSV3[RIV
WEKIRXWIQTPS]IIWSVWYFGSRXVEGXSVW
F 3[RIVWLEPPTVSZMHI'SRXVEGXSVTVMSIVXSGSQQIRGIQIRXSJXLI[SVO1EXIVMEP7EJIX](EXE7LIIXWSREPPGLIQMGEPTVSHYGXWYWIHF]3[RIVMRGSRRIGXMSR[MXLXLINSFWMXI G 3[RIVWLEPPTVSZMHI'SRXVEGXSVTVMSVSXWXEVXMRKXLITVSNIGXE2SXMGISJ'SQQIRGIQIRXJMPIH[MXLXLI6IKMWXVEVSJ(IIHWSJJMGIMRXLIGSYRX][LIVIXLITVSTIVX]MWPSGEXIH 0MQMXEXMSRSJ(EQEKIW'SRXVEGXSVEWWYQIWRSVIWTSRWMFMPMX]JSVRSVWLEPPFISFPMKEXIHXSTE]GPEMQWJSVER]PMUYMHEXIHSVGSRWIUYIRXMEPHEQEKIWMRGPYHMRKFYXRSXPMQMXIHXS HS[RXMQIPSWWSJFYWMRIWWIXG
(IPE]W(YIXSXLIMRGVIEWMRKGSWXSJPEFSVERHQEXIVMEPWER]HIPE]SJTVSKVIWWRSXYRHIV'SRXVEGXSV WHMVIGXGSRXVSPERHRSXHYIXSGEYWIW[MXLMRXLIGSRXVSPSJXLITEVXMIWWLEPPVIWYPX MREREHHMXMSREPGLEVKIXS3[RIV-RXLIIZIRXSJEWYWTIRWMSRSJWIVZMGIWF]3[RIVXLI'SRXVEGXSVWLEPPLEZIRSXPMEFMPMX]XS3[RIVJSVHIPE]SVHEQEKIVIWYPXMRKJVSQWYGL WYWTIRWMSRSJWIVZMGIW;LIRXLITVSNIGXMWVIWYQIHXLI'SRXVEGXSV WFMHWLEPPFIIUYMXEFP]EHNYWXIHXSTVSZMHIJSVI\TIRWIWMRGYVVIHMRXLIMRXIVVYTXMSRERHVIWYQTXMSRSJWIVZMGIW-J 3[RIVJEMPWXSQEOIWYGLTE]QIRXWYTSRWIZIR

HE]W
[VMXXIRRSXMGIXS3[RIV'SRXVEGXSVQE]WYWTIRHWIVZMGIWYRXMPWYGLTE]QIRXMWVIGIMZIH 'SRXVEGXSV
W6MKLXXS8IVQMREXIXLI'SRXVEGX
E 'SRXVEGXSVQE][MXLSYXTVINYHMGIXSER]SXLIVVMKLXSVVIQIH]XIVQMREXIXLI'SRXVEGXMJ

M 3[RIVMWEHNYHKIHFEROVYTXSVEVIGIMZIVSVXVYWXIIMWETTSMRXIHJSV3[RIVSV3[RIVMWMRWSPZIRXSVQEOIWEKIRIVEPEWWMKRQIRXJSVXLIFIRIJMXSJGVIHMXSVW MM 3[RIVJEMPWXSTE]ER]EQSYRX[LIRHYI
MMM 3[RIVQEXIVMEPP]FVIEGLIWER]SJXLITVSZMWMSRWSJXLI'SRXVEGX(SGYQIRXWERHHSIWRSXVIQIH]WYGLFVIEGLYTSRRSXMGIF]'SRXVEGXSVSV F 9TSRXIVQMREXMSRSJXLI'SRXVEGXF]'SRXVEGXSV'SRXVEGXSVWLEPPLEZIXLIVMKLXXSVIQSZIIUYMTQIRXXSSPWERHQEGLMRIV]S[RIHF]MXJVSQXLINSFWMXIERHWLEPPFITEMHJSVEPP [SVOHSRIYRHIVXLI'SRXVEGXJSVEPPQEXIVMEPWERHWYTTPMIWSFXEMRIHF]'SRXVEGXSVTYVWYERXXSXLI'SRXVEGXERHJSVEPPGSWXWERHI\TIRWIWMRGYVVIHF]'SRXVEGXSVXSHEXISJ XIVQMREXMSRMRGPYHMRKER]SYXWXERHMRKVIXEMREKITPYWEREHHMXMSREPEQSYRXIUYEPXS SJXLIEQSYRXTE]EFPIXSXLI'SRXVEGXSVYRHIVXLI'SRXVEGXEWEQIEWYVISJ 'SRXVEGXSV
WHEQEKIEWEVIWYPXSJWYGLXIVQMREXMSR

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

*PSEXMRK8EROW9RPIWWSXLIV[MWIWTIGMJMIHMRXLI'SRXVEGX(SGYQIRXW3[RIV[MPPFIVIWTSRWMFPIJSVTVSZMHMRKXLI[EXIVTVSHYGXXSJMPPEPPYRHIVKVSYRHWXSVEKIXEROWJSVFEPPEWX MQQIHMEXIP]YTSRWIXXMRKXEROWMRI\GEZEXMSRWSVYRHIVGSZIVMRKI\MWXMRKXEROW'SRXVEGXSVWLEPPRSXMJ]3[RIV[LIR[EXIVTVSHYGXMWRIIHIH-RXLIIZIRXXEROMWRSXJMPPIHEWVIUYIWXIH 3[RIVEGGITXWVIWTSRWMFMPX]ERHWLEPPTE]JSVER]ERHEPPHEQEKIWXLEXQE]SGGYVJVSQXEROJPSEXMRKMRGPYHMRKIUYMTQIRXPEFSVERHQEXIVMEPXSVIMRWXEPPXERO6IQSZEPSJXLIXERO FEPPEWXWLEPFIEX3[RIV
WI\TIRWI'SRXVEGXSVWLEPPRSXFIVIWTSRWMFPIJSVXLIGSRXEQMREXMSRSVPSWWSJTVSHYGXYWIHJSVFEPPEWX-RXLIIZIRXER]XEROWWLSYPHJPSEX'SRXVEGXSVWLEPPFI LIPHLEVQPIWWERHWLEPPRSXFIVIWTSRWMFPIJSVXLIGSRXEQMREXMSRSVPSWWSJXLITVSHYGXYWIHJSVFEPPEWX%PPI\TIRWIMRGYVVIHXSVIWMRWXEPPXEROWSVXSGPIERYTGSRXEQMREXMSRSVTSPPYXMSR WLEPPFITEMHF]3[RIV
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CITY OF PORTERVILLE ESTIMATED PROJECT SCHEDULE
Upon contracting with the city, apply for permit(s) and order equipment.

Once equipment and permits have been received, schedule job with City.

Job is estimated to take 3 weeks once onsite.

Rick Sanchez
Transportation Manager
Bellflower Unified School District
562-804-6500 x.6066
[email protected]
Joshua Reece, P.E.

Project Manager
UCSD
Cell: 619-892-3735
[email protected]
Sam Anderson
Transportation Manager
Redlands Unified School District
(909) 307-5370
[email protected]

Page 69 of 109 ends

City of Porterville
Fuel System Upgrades
Exhibit A – Required Forms
Form A

ADDENDUM RECEIPT
The Proposer acknowledges it has received and read the following Addenda:

JOHN HENDRICK

ACCOUNT EXECUTIVE
09/24/2024
Form C

If this Offer is valued in excess of $150,000 and involves the procurement of steel, iron, or manufactured products (as defined in 49 CFR §§ 661.3 and 661.5), the Proposer hereby certifies that it:

Ƒ:LOOFRPSO\ZLWKWKHUHTXLUHPHQWVRI
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M

DQGWKHDSSOLFDEOH
regulations in 49 CFR part 661;
OR
Ƒ&DQQRWFRPSO\WKHUHTXLUHPHQWVRI
86&5323(j) (and 49 CFR part 661) but may
qualify for an exception to the requirements pursuant to 49 U.S.C. § 5323(j)(2), as amended, and the applicable regulations in 49 CFR § 661.7.

If this Offer is valued in excess of $150,000 and involves the procurement of buses or other rolling stock (including associated equipment), the Proposer hereby certifies that it:

Ƒ:LOOFRPSO\ZLWKWKHUHTXLUHPHQWVRI
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M
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regulations of 49 CFR § 661.11;
OR
Ƒ&DQQRWFRPSO\ZLWKWKHUHTXLUHPHQWV of 49 § U.S.C. 5323(j) (and 49 CFR § 661.11), but may qualify for an exception to the requirements consistent with 49 U.S.C. § 5323(j)(2)(C), as amended, and the applicable regulations in 49 CFR § 661.7.

Page 71 of 109 ends

City of Porterville
Fuel System Upgrades
X

JOHN HENDRICK
WESTERN PUMP, INC.

ACCOUNT EXECUTIVE
09/24/2024

Page 73 of 109 ends

City of Porterville
Fuel System Upgrades
Form E

The Proposer certifies that:

WESTERN PUMP, INC

JOHN HENDRICK

ACCOUNT EXECUTIVE
09/24/2024

Page 70 of 109 ends

City of Porterville
Fuel System Upgrades
Form B

Check one box below (and provide explanation if necessary):

Ƒ7KH3URSRVHUFHUWLILHVWKDWWKH3URSRVHUDQGLWVSULQFLSDOV

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any federal department or agency;

4. Have not, within the preceding three years, had one or more public transactions (federal, state, or local) terminated for cause or default.
- OR –
Ƒ7KH3URSRVHULVXQDEOHWRFHUWLI\WRDOORIWKHVWDWHPHQWVLQWKLVcertification, and attaches its explanation to this certification. (In the explanation, the Proposer must certify to those statements that can be certified and explain why the other statements cannot be certified.)
The Proposer shall require that the language of this certification be included in the contract documents for all subcontractors and material suppliers at all tiers, and that all subcontractors and material suppliers shall certify and disclose accordingly.

JOHN HENDRICK

WESTERN PUMP, INC

ACCOUNT EXECUTIVE
09/24/2024

Page 72 of 109 ends

City of Porterville
Fuel System Upgrades
Form D

NON-COLLUSION AFFIDAVIT FOR PROPOSER

STATE OF CALIFORNIA
COUNTY OF__________________
_________________________________________________________declares and says:

1. That he/she is the (owner, partner, representative, or agent) of , hereinafter referred to as
(CONTRACTOR) or (subcontractor).

2. That he/she is fully informed regarding the preparation and contents of this proposal for certain work in the City of Porterville, State of California.

3. That his/her proposal is genuine and is not collusive or a sham proposal.

4. That any of its officers, owners, agents, representatives, employees, or parties in interest, including this affiliate, has not in any way colluded, conspired, connived or agreed, directly or indirectly, with any other proposer, firm, or person to submit a collusive or sham proposal in connection with such contract or to refrain to submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful Contract or connivance with any other proposer, firm, or person to fix the price or prices in said proposal, or to secure through collusion, conspiracy, connivance, or unlawful Contract any advantage against the City of Porterville or any person interested in the proposed contract; and,

WESTERN PUMP, INC.

JOHN HENDRICK

ACCOUNT EXECUTIVE
09/24/2024

Page 74 of 109 ends

City of Porterville
Fuel System Upgrades
Form F

TAX LIABILITY CERTIFICATION
This certificate applies to all contracts. Offers that do not include this completed certification will be rejected as nonresponsive.

The Proposer certifies that:

2. It has not been convicted of a felony criminal violation under any federal law within the preceding 24 months; and

JOHN HENDRICK

ACCOUNT EXECUTIVE
09/24/2024

Page 1 of 26 ends

Professional Services Agreement
CNG Fueling Station Maintenance Services
Exhibit D
FTA Terms and Conditions
These clauses are required because this procurement is funded in whole or in part by the United States Department of Transportation (USDOT), Federal Transit Administration. The requirements in these clauses are in addition to and, unless inconsistent and irreconcilable, do not supplant requirementsfound elsewhere in this Contract. If any requirementsin these clauses are inconsistent with a provision found elsewhere in this Contract and is irreconcilable with such provision, the requirement in these clauses shall prevail.

Contractor shall comply with the following FTA requirements. For purposes of these clauses, the AGENCY is the City of Porterville (FTA recipient) that is entering the Contract with Contractor.

1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES.
[These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000).]
The AGENCY and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation of this Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the AGENCY, Contractor or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the Contract. Contractor shall include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

2. NOTIFICATION TO FTA.
[These requirements apply to all contracts and subcontracts in excess of $25,000.] If a current or prospective legal matter that may affect the Federal Government emerges, Contractor must promptly notify the AGENCY, which must then promptly notify the FTA Chief Counsel and FTA Regional Counsel for Region 9. Contractor must include an equivalent provision in its subagreements at every tier for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220.

A. Types of Legal Matters Requiring Notification. The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.

B. Matters Affecting the Federal Government. Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the Contract, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.

Page 2 of 26 ends

Professional Services Agreement
CNG Fueling Station Maintenance Services
C. Additional Notice to U.S. DOT Inspector General. Contractor must promptly notify the AGENCY, which must then promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for Region 9 if Contractor has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Contract or another agreement between the AGENCY and FTA, or an agreement involving a principal, officer, employee, agent, or Third-Party Participant of the AGENCY. It also applies to subcontractors at any tier.

Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of Contractor. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision also applies to all divisions of the

AGENCY,

3. PROGRAM FRAUD & FALSE/FRAUDULENT STATEMENTS OR RELATED ACTS. [These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000).]
A. Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31, apply to its actions pertaining to this Project.

Upon execution of the Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the Contract or the FTA-assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.

B. Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on Contractor, to the extent the Federal Government deems appropriate.

Page 3 of 26 ends

Professional Services Agreement
CNG Fueling Station Maintenance Services
C. Contractor shall include the above two paragraphs in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

4. ACCESS TO RECORDS, REPORTS, and SITES
A. Record Retention. Contractor shall retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, subagreements, leases, subcontracts, arrangements, other third-party agreements of any type, and supporting materials related to those records.

B. Retention Period. Contractor shall comply with the record retention requirements in accordance with 2 CFR § 200.333. Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.

C. Access to Records. Contractor shall provide sufficient access to the U.S. Secretary of Transportation, the Comptroller General of the United States, FTA, the Agency, and their duly authorized representatives to inspect and audit records and information, including such records and information the AGENCY or Contractor may regard as confidential or proprietary related to performance of this contract as reasonably may be required.

D. Access to the Sites of Performance. Contractor shall permit FTA, the Agency, and their duly authorized representatives’ access to the

5. FEDERAL CHANGES
Contractor shall at all times comply with all applicable federal laws, regulations, requirements, policies, procedures, guidance, and directives, including without limitation those listed directly or by reference in the FTA Master Agreement between the City of Porterville and the FTA, as they may be amended or promulgated from time to time during the term of the Contract.

Contractor’s failure to so comply shall constitute a material breach of the Contract.

6. CIVIL RIGHTS
The AGENCY must comply with applicable federal civil rights laws, regulations, and requirements, and follow applicable federal guidance, except as the Federal Government determines otherwise in writing. Therefore, unless an AGENCY or federal program, including any Indian Tribe or Tribal Transit Program, is specifically exempted from a civil rights statute,

Page 4 of 26 ends

Professional Services Agreement
CNG Fueling Station Maintenance Services
FTA requires compliance with each civil rights statute, including compliance with equity in service requirements.

A. Nondiscrimination in Federal Public Transportation Programs.

1. Contractor must prohibit: (a) discrimination based on race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age; (b) exclusion from participation in employment or a of program benefits in employment or a business opportunity identified in 49 U.S.C. § 5332; and (d) discrimination identified in 49 U.S.C. § 5332, including discrimination in employment or a business opportunity identified in 49 U.S.C. § 5332.

2. Contractor must follow the most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance. However, FTA does not require an Indian Tribe to comply with FTA program specific guidelines for Title VI when administering its agreement supported with federal assistance under the Tribal Transit Program.

B. Nondiscrimination – Title VI of the Civil Rights Act.

1. Contractor must prohibit discrimination based on race, color, or national origin;

2. Contractor must comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, et seq.; (b) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 CFR Part 21; and (c) Federal transit law, specifically 49 U.S.C. § 5332; and

3. Contractor must follow: (a) the most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance; (b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3; and (c) all other applicable federal guidance that may be issued.

C. Equal Employment Opportunity.

1. Federal Requirements and Guidance. Contractor must prohibit discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor must also comply with: (a) Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.; (b) Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.; (c) Executive Order No. 11246, “Equal Employment Opportunity” September 24, 1965 (42 U.S.C. § 2000e note), as amended by any later Executive Order that amends or supersedes it in part and is applicable to federal assistance programs; (d) federal

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transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement; and (e) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Administration Recipients.” Further, Contractor must follow other federal guidance pertaining to EEO laws, regulations, and requirements.

2. Affirmative Action. If required to do so by U.S. DOT regulations (49 CFR Part 21) or U.S. Department of Labor regulations (41 C.F.R. chapter 60), Contractor must take affirmative action that includes, but is not limited to: (a) recruitment advertising, recruitment, and employment; (b) rates of pay and other forms of compensation; (c) selection for training, including apprenticeship, and upgrading; and (d) transfers, demotions, layoffs, and terminations.

3. Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age.

4. Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities.

5. Indian Tribe. Contractor recognizes that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer.”

6. Equal Employment Opportunity for Construction Activities. When undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), Contractor must comply with all applicable equal employment opportunity requirements of U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R.

Chapter 60 (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and Executive Order 13672, "Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity," 42 U.S.C. § 2000e note).

7. Access for Elderly Individuals and Individuals with Disabilities. Contractor agrees to comply with all applicable provisions of Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq., and the Architectural Barrier Act of 1968, as amended, 42 U.S.C. § 4151, et seq. In addition, Contractor agrees to comply with applicable Federal implementing regulations.

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7. INCORPORATION OF FTA TERMS
[These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000).]
The preceding provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, and are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in the contract. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests of the AGENCY that would cause the AGENCY to be in violation of the FTA terms and conditions. Contractor shall include this clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA.

8. FREE SPEECH & RELIGIOUS LIBERTY
All Federal funding must be expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements, including but not limited to those prohibiting discrimination and protecting free speech, religious liberty, public welfare, and the environment.

9. FEDERAL TERMINATION RIGHTS
The termination rights under this Contract are in addition to, and in no way limit, the Federal Government’s right to terminate as described in 2 CFR § 200.340.

10. DEBARMENT, SUSPENSION, INELIGIBILITY, & VOLUNTARY EXCLUSION [This requirement does not apply to contracts and subcontracts under $25,000.] A. Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government-Wide Debarment and Suspension (Non-procurement),” 2 CFR part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount.

B. Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally-funded contract (which includes review of SAM at sam.gov, if necessary to comply with U.S. DOT regulations, 2 CFR Part 1200) and are not presently declared by any Federal department or AGENCY to be: (1) debarred from participation in any federally-assisted Award; (2) suspended from participation in any

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federally-assisted Award; (3) proposed for debarment from participation in any federally-assisted Award; (4) declared ineligible to participate in any federally-assisted Award; (5) voluntarily excluded from participation in any federally-assisted Award; or (6) disqualified from participation in any federally-assisted Award.

C. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined by the AGENCY that Contractor available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Contractor shall comply with the requirements of 2 CFR part 180, subpart C, as supplemented by 2 CFR part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer.

Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.

D. Contractor agrees that it will not enter into any “covered transaction” (as defined at 2 CFR 180.220 and 1200.220) with any “third party participant” (as defined in Section 1 of FTA’s Master Agreement (Version 31, dated May 2, 2024), as may be updated or amended) that is, or whose principal is, suspended, debarred, or otherwise excluded from participating in covered transactions except as otherwise authorized by applicable Federal laws, regulations, or requirements regarding participation with debarred or suspended Recipients or Third Party Participants. Contractor further agrees that it will review the Federal Government’s “System for Award Management — Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs,” if required by USDOT regulations (2 C.F.R. Part 1200).

11. TERMINATION
The AGENCY must include provisions in their contracts and subcontracts that allows for termination for cause and for convenience by the AGENCY, including the manner by which it will be effected and the basis for settlement. See Appendix II(B) to 2 CFR part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, and FTA Circular 4220.1F, Chapter IV, paragraph 2.b.(6)(b)4 – Termination.

12. VIOLATION & BREACH OF CONTRACT
[These requirements are not applicable to contracts and subcontracts under the simplified acquisition threshold (currently set at $250,000).]
Unless otherwise provided for by the AGENCY, the following provisions shall apply:

A. Dispute Resolution. Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of AGENCY. This decision shall be final and conclusive unless within

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ten calendar days from the date of receipt of its copy, Contractor mails or otherwise furnishes a written appeal to the authorized representative of AGENCY. In connection with any such appeal, Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the authorized representative of AGENCY shall be binding upon Contractor, and Contractor shall abide by the decision.

B. Performance During Disputes. Notwithstanding the existence of any dispute between the parties, insofar as is possible, under the terms of the Contract, Contractor shall continue to perform the obligations required of Contractor during the continuation of any such dispute unless enjoined or prohibited by an California Court of competent jurisdiction.

C. Rights and Remedies. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the AGENCY or Contractor shall constitute a waiver of any right or duty afforded any of them under this Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed upon in writing.

13. LOBBYING RESTRICTIONS
[These requirements do not apply to contracts and subcontracts under $100,000.] Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the AGENCY.

14. CARGO PREFERENCE (USE OF U.S.-FLAG VESSELS)
[These requirements apply to all contracts involving equipment, material, or commodities that may be transported by ocean vessels.]
A. At least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S.

Government under this Contract, and which may be transported by ocean vessel, shall be transported on privately owned United States-flag commercial vessels, if available.

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Contractor shall use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the Contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels (46 U.S.C. § 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR Part 381); B. Within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-oflading in English for each shipment of cargo described in 46 CFR § 381.7(a)(1) shall be furnished to both the AGENCY (through the Contractor in the case of subcontractor billsof-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590; and
C. Contractor shall include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

15. FLY AMERICA
[These requirements apply to contracts and subcontracts involving the transportation of persons or property by air between a place in the United States and a place outside of the United States, or between places outside the United States, when the FTA will participate in the cost of such air transportation.]
A. As used in this clause: (1) “international air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States; (2) “United States” means the 50 States, the District of Columbia, and outlying areas; and (3) “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411.

B. When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) and U.S. General Services Administration (U.S. GSA) regulations, “Use of United States Flag Air Carriers,” 41 C.F.R. §§ 301-10.131 – 301-10.143, requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreignflag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services.

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C. If available, Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property.

D. If Contractor selects a carrier other than a U.S.-flag air carrier for international involving such transportation essentially as follows:

Statement of Unavailability of U.S. - Flag Air Carriers - International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]:
_____________________________________________
(End of statement)
E. Contractor shall include the substance of this clause, including this paragraph (E), in each subcontract or purchase under this contract that may involve international air transportation.

16. EMPLOYEE PROTECTIONS
A. Prevailing Wage & Anti-Kickback
[These requirements apply to all prime construction, alteration, or repair contracts in excess of $2,000.]

1. For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, Contractor shall comply with the Davis-Bacon Act and the Copeland “AntiKickback” Act. Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted construction, alteration, or repair projects. Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 CFR part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction.” In accordance with the statute, Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

2. In addition, Contractor shall pay wages not less than once a week. Contractor shall also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States.” Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

B. Contract Work Hours/Safety Standards for Awards Involving Construction

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[These requirements apply to all contracts involving construction in excess of $100,000 that involve the employment of mechanics or laborers.]

1. For all contracts in excess of $100,000 that involve the employment of mechanics or laborers, Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708), as supplemented by the DOL regulations at 29 CFR part 5. Under 40 U.S.C. § 3702 of the Act, Contractor shall compute the wages of every mechanic and laborer, including watchmen and guards, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or to contracts for transportation or transmission of intelligence.

2. In the event of any violation of the clause set forth herein, Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of this clause in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by this clause.

3. The FTA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in this section.

4. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Contract.

C. Contract Work Hours/Safety Standards for Awards Not Involving Construction [These requirements apply to all contracts (not involving construction) in excess of $100,000 that involve the employment of mechanics or laborers.]

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1. Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part

5. 2. Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.

3. Such records maintained under this paragraph shall be made available by Contractor for inspection, copying, or transcription by authorized representatives of the FTA and the Department of Labor, and Contractor will permit such representatives to interview employees during working hours on the job.

4. Contractor shall require the inclusion of the language of this clause within subcontracts of all tiers.

17. SEISMIC SAFETY
[These requirements apply only to contracts for the construction of new buildings or additions to existing buildings.]
Contractor shall design and construct any new building or addition to an existing building in accordance with the standards for Seismic Safety required in Department of Transportation (DOT) Seismic Safety Regulations (49 CFR part 41) and will certify its compliance to the extent required by the regulation. Contractor shall ensure that all work performed under this Contract, including work performed by a subcontractor, is in compliance with the standards required by the Seismic Safety regulations and the certification of compliance issued on the project.

18. VETERANS EMPLOYMENT
[These requirements apply only to capital projects. See 49 U.S.C. § 5302(3).] Contractor shall give a hiring preference, to the extent practicable, to veterans (as defined in U.S.C. Section 2108 of title 5) who have the requisite skills and abilities to perform the construction work required under the Contract. This requirement shall not be understood, construed or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee.

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19. BONDING
[These requirements are applicable to all construction or facility improvement contracts and subcontracts exceeding the simplified acquisition threshold (currently set at $250,000). See FTA Circular C 4220.1F for specific bonding requirements.] Bonds are required for all construction or facility improvement contracts and subcontracts exceeding the simplified acquisition threshold. FTA may accept the bonding policy and requirements of the AGENCY if FTA has determined that the Federal interest is adequately protected. If such a determination has not been made, the following minimum requirements apply:

A. A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.

B. A performance bond on the part of Contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all of Contractor's obligations under such contract.

C. A payment bond on the part of Contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

20. PUBLIC TRANSPORTATION EMPLOYEE PROTECTIVE ARRANGEMENTS [These requirements apply only to contracts for transit operations performed by employees of contractors and subcontractors recognized by FTA to be a transit operator.] Contractor shall comply with the following employee protective arrangements of 49 U.S.C. § 5333(b):

A. U.S. DOL Certification. To the extent that FTA determines that this Contract or any Amendments thereto involve public transportation operations financed in whole or in part with Federal assistance, Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. § 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient’s project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL

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Porterville City CouncilNovember 19, 2024

Porterville City Council
November 19, 2024