HomeMy WebLinkAboutResolution - 2021-R0503 - Contract 16244 with Pro Petroleum 12.14.21Resolution No. 2021-110503
Item No. 6.26
December 14, 2021
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Service Contract No. 16244 for bulk motor
unleaded and diesel fuel services as per RFP 21-16244-MA, by and between the City of
Lubbock and Pro Petroleum of Lubbock, Texas, and related documents. Said Contract is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council on December 14, 2021
STEVE M&GALP,14kYOR PRO TEM
ATTEST:
Reb ca Gana, City Secr ary
APPROVED AS TO CONTENT:
Erik Rejino, Assistant City Manager
APPROVED AS TO FORM:
&hfiaxi,
elli Leisure, Assistant City Attorney
ecdocs/RES.ServiceCoraract 16244 —Fuel Pro Petroleum
12.02.21
Resolution No. 2021-R0503
City of Lubbock, TX
Bulk Motor Unleaded and Diesel Fuel
Agreement
Contract 16244
This Service Agreement (this "Agreement") is entered into as of the 14th day of December 2021
("Effective Date") by and between Pro Petroleum (the Contractor), and the City of Lubbock (the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposals 21-16244-MA -Bulk Motor Unleaded and
Diesel Fuel; and
WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best
meets the needs of the City for this service; and
WHEREAS, Contractor desires to perform as an independent contractor to provide Bulk Motor
Unleaded and Diesel Fuel, upon terms and conditions maintained in this Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and
Contractor agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits which are
attached hereto and incorporated herein by reference, listed in their order of priority in the event of
inconsistent or contradictory provisions:
1. This Agreement
2. Exhibit A — General Requirements
3. Exhibit B — Best and Final Offer
4. Exhibit C — Federal Clause and PTN 130
5. Exhibit D — Insurance Requirements
Scope of Work
Contractor shall provide the services that are specified in Exhibit A. The Contractor shall execute services
as the named secondary provider. The Contractor shall comply with all the applicable requirements set forth
in Exhibit B, C and Exhibit D attached hereto.
Article 1
1.1 The contract shall be for a term of one year, with the option of four, one-year extensions,
said date of term beginning upon formal approval. All stated annual quantities are
approximations of usage during the time period to be covered by pricing established by this
bid. Actual usage may be more or less. Order quantities will be determined by actual need.
The City of Lubbock does not guarantee any specific amount of compensation, volume,
minimum, or maximum amount of services under this bid and resulting contract. The
Contractor must maintain the insurance coverage required during the term of this contract
including any extensions. It is the responsibility of the Contractor to ensure that valid
insurance is on file with the Purchasing and Contract Management Department as required
by contract or contract may be terminated for non-compliance.
1.2 The Contractor shall not assign any interest in this Agreement and shall not transfer any
interest in the Agreement, whatsoever, without prior consent of the City.
1.3 All funds for payment by the City under this Agreement are subject to the availability of an
annual appropriation for this purpose by the City. In the event of non -appropriation of funds
by the City Council of the City of Lubbock for the goods or services provided under the
Agreement, the City will terminate the Agreement, without termination charge or other
liability, on the last day of the then -current fiscal year or when the appropriation made for
the then -current year for the goods or services covered by this Agreement is spent, whichever
event occurs first. If at any time funds are not appropriated for the continuance of this
Agreement, cancellation shall be accepted by the contractor on 30 days prior written notice,
but failure to give such notice shall be of no effect and the City shall not be obligated under
this Agreement beyond the date of termination.
1.4 This contract shall remain in effect until the first of the following occurs: (1) the expiration
date, (2) performance of services ordered, or (3) termination of by either party with a 30 day
written notice. The City of Lubbock reserves the right to award the canceled contract to the
next lowest and best bidder as it deems to be in the best interest of the city.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in
accordance with the laws of said State, without reference to choice of law provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock, Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City and
Contractor and supersedes any and all previous agreements, written or oral, between the
parties relating to the subject matter hereof. No amendment or modification of the terms of
this Agreement shall be binding upon the parties unless reduced to writing and signed by
both parties.
2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of
any parties otherwise to insist upon strict performance of any provision hereof shall not
constitute a waiver of any subsequent breach or of any subsequent failure to perform.
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, representatives and successors and may be assigned by Contractor or the
City to any successor only on the written approval of the other party.
2.8 All claims, disputes, and other matters in question between the Parties arising out of or
relating to this Agreement or the breach thereof, shall be formally discussed and negotiated
between the Parties for resolution. In the event that the Parties are unable to resolve the
claims, disputes, or other matters in question within 30 days of written notification from the
aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies
available at law or in equity.
2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit
representative of the City or the State of Texas, at its expense and at reasonable times,
reserves the right to audit Contractor's records and books relevant to all services provided to
the City under this Contract. In the event such an audit by the City reveals any errors or
overpayments by the City, Contractor shall refund the City the full amount of such
overpayments within 30 days of such audit findings, or the City, at its option, reserves the
right to deduct such amounts owing the City from any payments due Contractor.
2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process
prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein
are cumulative and not exclusive, and may be exercised concurrently. To the extent of any
conflict between this provision and another provision in, or related to, this do.
2.11 The contractor shall not assign or sublet the contract, or any portion of the contract, without
written consent from the Director of Purchasing and Contract Management. Should consent
be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance
from the Subcontractor that complies with all contract insurance requirements document, this
provision shall control.
2.12 Contractor acknowledges by supplying any Goods or Services that the Contractor has read,
fully understands, and will be in full compliance with all terms and conditions and the
descriptive material contained herein and any additional associated documents and
Amendments. The City disclaims any terms and conditions provided by the Contractor unless
agreed upon in writing by the parties. In the event of conflict between these terms and
conditions and any terms and conditions provided by the Contractor, the terms and conditions
provided herein shall prevail. The terms and conditions provided herein are the final terms
agreed upon by the parties, and any prior conflicting terms shall be of no force or effect.
2.13 Contractor acknowledges by supplying any Goods or Services that the Contractor has read,
fully understands, and will be in full compliance with all terms and conditions and the
descriptive material contained herein and any additional associated documents and
Amendments. The City disclaims any terms and conditions provided by the Contractor unless
agreed upon in writing by the parties. In the event of conflict between these terms and
conditions and any terms and conditions provided by the Contractor, the terms and conditions
provided herein shall prevail. The terms and conditions provided herein are the final terms
agreed upon by the parties, and any prior conflicting terms shall be of no force or effect.
2.14 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist
Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code,
prohibits the City from entering into a contract with a vendor that is identified by The
Comptroller as a company known to have contracts with or provide supplies or service with
Iran, Sudan or a foreign terrorist organization.
2.15 Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government
Code, may apply to this contract and the contractor or vendor agrees that the contract can be
terminated if the contractor or vendor knowingly or intentionally fails to comply with a
requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code
applies to this agreement, Contractor agrees to: (1) preserve all contracting information
related to the contract as provided by the records retention requirements applicable to the
governmental body for the duration of the contract; (2) promptly provide to the governmental
body any contracting information related to the contract that is in the custody or possession
of the entity on request of the governmental body; and (3) on completion of the contract,
either: (A) provide at no cost to the governmental body all contracting information related to
the contract that is in the custody or possession of the entity; or (B) preserve the contracting
information related to the contract as provided by the records retention requirements
applicable to the governmental body.
2.16 No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This
section applies only to a contract that: (1) is between a governmental entity and a company
with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be
paid wholly or partly from public funds of the governmental entity. (b) A governmental entity
may not enter into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract.
2.17 Confidentiality. The Contractor shall retain all information received from or concerning the
City and the City's business in strictest confidence and shall not reveal such information to
third parties without prior written consent of the City, unless otherwise required by law.
2.18 Indemnify. The Contractor shall indemnify and save harmless the city of Lubbock and its
elected officials, officers, agents, and employees from all suits, actions, losses, damages,
claims, or liability of any kind, character, type, or description, including without limiting the
generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for
injury or death to any person, or injury to any property, received or sustained by any person
or persons or property, to the extent arising out of, related to or occasioned by, the negligent
acts of the Contractor, its agents, employees, and/or subcontractors, related to the
performance, operations or omissions under this agreement and/or the use or occupation of
city owned property. The indemnity obligation provided herein shall survive the expiration
or termination of this agreement.
-----INTENTIONALLY LEFT BLANK-----
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the
day and year first above written. Executed in triplicate.
CITY OF LUBBOCK
STEVE MASSENGALE, MAYOR PRO TEM
ATTEST:
Q j '0 j , . X
Re cca Garza, City ec to
I:T».Z�1�/�1�7:Ly11L�ZK�]�IM�1►11�
. -K- P?j w �-
Dominic R. Esperat, Interim irectcr of Fleet
Operations
A P ED AS TO FORM
Ke lie Leisure, Assistant City Attorney
CONTRACTOR
BY:
uthorized Representative — Pro Petroleum
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Print Name
4710 4`h Street
Lubbock, Texas 79416
Exhibit A
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CITY OF LUBBOCK, TEXAS
RFP 22-16244-MA
Bulk Motor Unleaded and Diesel Fuel Services
GENERAL REQUIREMENTS
1. INTENT
a. The City of Lubbock and Citibus are soliciting competitive sealed proposals from highly experienced and
professional contractors for the purchase and delivery of bulk fuel- gasoline.
b. The Request for Proposals (RFP) process and the performance of the requested services will be in
accordance with the guidelines and regulations of the FTA "Third Party Contracting Guidelines", FTA
Circular 4220.1 F, and all other applicable federal, state and local laws and regulations.
c. Interested Contractors are to provide Rack and delivery pricing for the annual supply as listed under
Section 2, Annual Fuel Requirements, for the City and Citibus. Quantities are estimated based on the best
available information, and the total gallons are not guaranteed.
d. Contractor will supply bulk gasoline and diesel fuel upon demand. Offeror must be able to supply either
branded or unbranded Unleaded Gasoline, Biodiesel (5 & 20), No. 2 Dyed Diesel, and No. 2 Clear Ultra
Low Sulfur Diesel (15 ppm). Fuel must comply with all federal and state regulations.
e. The RFP is an invitation to submit an offer, which may be subject to subsequent discussions and
negotiations by the City and the Offeror. It is not a request for a competitive bid.
f. The City reserves the right to award to more than one Contractor. The City's decision will be based upon
the ability of the primary source to supply acceptable goods or services within the City's time
requirements.
2. ANNUAL FUEL REQUIREMENTS (annual estimated usage)
a. Ethanol (10%)
i. 1,012,600 gallons transport load
ii. 38,900 gallons bobtail load
iii. Unleaded fuel is ordered on an as needed basis.
b. Red Dye Diesel
i. 697,000 gallons transport load
ii. 103,750 gallons bobtail load
iii. Dyed Diesel fuel orders are currently ordered on an as needed basis.
c. Clear Ultra Low Sulfur Diesel
i. 513,100 gallons transport load
ii. 88,540 gallons bobtail load
iii. Clear Ultra Low Sulfur Diesel fuel orders are currently ordered on an as needed basis.
iv. Citibus and the City will be considering using both B5 and B20. Approximate quantities would
be 30% - B5 and 70% - B20.
v. Biodiesel: Biodiesel shall be soy -diesel and shall meet ASTM D-6751 standards. Biodiesel
producers shall be BQ-9000 accredited. Biodesel will be ordered at the discretion of Citibus and
the City. Biodiesel may or may not be used over the period of the contract or may be used from
time to time depending on circumstances such as weather, cost, etc. Biodiesel will be listed as a
separate item on each invoice and shall be identified and billed as biodiesel.
d. All petroleum products delivered under the provisions of this contract by Contractor shall meet or exceed
refinery approved pipeline specifications for product delivered to Lubbock, Texas. The City reserves the
right to test fuels at any time for specification compliance. Costs for tests shall be borne by the Contractor
in the event product fails to comply. Such failure shall result in Contractor's prompt removal of failed
product, using vendor's own equipment, at no cost to the City, within twenty-four (24) hours of
notification. Acceptable fuel shall immediately replace noncompliant fuel based on the quantity of
unsuitable fuel originally delivered to a given location at no charge for the entire shipment. Violations of
specification requirements may give the City cause to cancel and rebid the entire contract and shall be a
consideration of future awards.
3. DELIVERY LOCATIONS AND TANK SIZES
The Fuel Storage Tank Locations, estimated trips per year and load type are listed on Exhibit A, as
attached.
b. Contractor shall furnish and completely install:
Three 500-gallon above ground fuel tanks with fuel dispenser at the Lake Alan Henry site
located near Justiceburg, Texas;
One 1,500-gallon above ground fuel tank with fuel dispenser at the Land Application site
located on East 19th Street in Lubbock, Texas; and
iii. One 1,000-gallon above ground fuel tank and one 2,000-gallon above ground fi►el tank with fuel
dispenser at the Land Application site in Wilson, Texas.
c. Contractor shall be responsible for any other items or services needed for installing fuel tanks and
dispensing equipment, and shall maintain fuel tanks and dispensing equipment during the full term of the
contract. Contractor is responsible for installing and maintaining an EPA approved device for containing
fuel spills. Contractor shall furnish fuel the generator sites on as needed bases.
d. The City reserves the right to close, add or discontinue any fuel site or any fuel product at anytime
without penalty.
e. For more information on the delivery locations, including site tour, please contact the Purchasing office.
4. BULK MOTOR UNLEADED AND DIESEL FUEL SERVICES PRICING AND CONTRACT TERM
a. Rack and delivery price proposal.
b. The contract shall be for a term of one year with the option of four, one-year extensions, upon written
approval from both parties.
i. Price Reduction - If during the life of the contract, the vendor's net prices to its customers for
the same product(s) and/or services are reduced below the contracted price, it is understood and
agreed that the City shall receive such price reduction.
5. FUEL ORDERS
a. Contractor shall accept fuel orders only from Fleet Services Department and Citibus personnel. Routine
fuel orders placed before 9:00 am Monday thru Friday shall be delivered the same day; fuel orders placed
after 9:00 am shall be delivered the following day.
b. Fuel orders may range from 50 gallons to full -transport load. Fuel order quantities will be determined by
actual department needs. All fuel orders will be ordered on an "as needed basis". Fuel orders of 6,000
gallons or more are considered a transport load.
c. Fuel product delivery will be based on a schedule that best meets the City's fuel usage pattern and
operational requirements. The Contractor will coordinate with the City to develop an optimal fuel delivery
schedule.
d. The City will contact the Contractor fuel orders using a designated e-mail address. This email must be
confirmed by the Contractor that they have received the fuel order within the hour of receipt. The
Contractor shall provide email address to the City of Lubbock's Fleet Services Department for this
purpose. At a minimum, e-mail provided by the City and Citibus shall include the following information:
Fuel Site Location; Tank Number; Product; Maximum Quantity; and Date & Time of Delivery.
e. Quantities shown on fuel orders placed by the City are maximum quantities. Deliveries are not to exceed
ordered quantities and create unauthorized split loads.
6. DELIVERY
a. Preferred delivery will be accepted at the Municipal Hill and South Side sites sites at 6:45 a.m. If delivery
is going to be late, the Fleet department representative needs to be notified immediately.
b. Time of delivery of other sites will be based on site and individual order instructions.
c. Delivery sites are closed to City vehicles and equipment while fuel delivery occurs.
d. The Contractor's truck driver shall leave at each location after a delivery is made a copy of the calibrated
loading rack meter ticket or Bill of Lading, which shall include the signature of a City or Citibus employee.
e. Extreme care must be taken to avoid spills. The fuel delivery truck must be attended at all times during
fuel deliveries to any fuel storage location. Fuel deliveries must follow all federal and state safety
regulations. Contractor shall be responsible for any cost that is incurred as a direct result of a fuel spill due
to negligence or equipment malfunction of Contractor. Contractor shall submit a copy of their spill
containment policy.
f. Product receipt quantities for net gallons (gross gallons corrected or adjusted based on temperature) shall
be detenmined by the following methods:
i. Calibrated loading rack meter tickets for less than ftrll transport load or bobtail load truck
deliveries.
ii. Railcar/Tank Bill of Lading for full transport load truck deliveries
g. Samples and Testing
Water and Contaminants - A City or Citibus representative shall have the option to take
samples of every load of fuel delivered and test for water and contaminants. If a sample is
judged unacceptable, the delivery will be refused and the Contractor will be required to
provide another delivery within 24 hours.
ii. Compliance — The City and Citibus reserves the right to draw samples from delivery tankers
or from the Citibus storage tanks to verify compliance with the Citibus fuel specifications.
Tests will be completed by an independent laboratory. If a sample tested reveals any non-
compliance, the Contractor will be notified immediately. The costs to have the fuel removed
from the Citibus and the City's storage facility, as well as all costs incurred for any required
tank cleaning and for test evaluations. The Contractor will have five (5) days to comply with
the specifications or the contract will be canceled. The contractor will be responsible for cost
differences in fuel where Citibus is required to purchase fuel from another source.
h. Contingency Plan
i. Contractors shall include in their proposal, their specific plan of action regarding cost and
delivery should conditions affect cost and availability of products.
i. Emergency Delivery
i. The Contractor shall work with the City to develop alternative interim fuel delivery solutions
in the advent of a natural disaster or other emergencies that may disrupt normal fueling
operations. The Contractor shall provide the City with a 24-hour emergency contact number.
No restrictions on fuel purchases or deliveries shall apply to the City during emergencies;
however, deliveries are subject to availability of supply.
j. Contractor shall provide latest material safety data sheet (MSDS) for all types of fuel ordered and
delivered.
k. In addition to the delivery of fuel, the Contractor must be able to work with the City to provide solutions
to the following challenges:
i. Develop a fuel delivery schedule that meets fuel consumption requirements and optimizes all
bulk pricing discounts.
ii. Develop a reconciliation process to resolve significant discrepancies that may occur between
the Contractor's recorded fuel volume and the City's recorded fuel volume.
iii. Develop hazardous waste spill and emergency procedures.
iv. Work with City personnel to facilitate the processing and reconciliation of all supporting
documents (i.e., bill of lading, invoice, fuel purchase price, fuel price, data i.e. OPIS for price
comparison).
7. INVOICING
a. Invoices must include the following:
i. Invoice number and date.
ii. Items listed individually by the written description.
iii. Unit price, extended, and totaled.
iv. Billed quantities shall be adjusted as for full transport loads.
v. Name of storage tank location, and fuel tank number.
vi. Requesting department employee name and "ship -to" address.
vii. Loading manifest ticket/Bill of Lading for full transport load deliveries, or printed meter ticket
from delivery truck for bobtail loads or less than full transport load deliveries.
viii. Payment terms
b. Contractor shall submit monthly invoice for the City and Citibus deliveries to:
COL Fleet Services Department
Attn: Fleet Services Bookkeeper
P.O. Box 2000
Lubbock, Texas 79457
Phone 806-775-2178
Fax 806-775-3085
Citibus
Attn: Chris Mandrell
Citibus
P.O. Box 2000
Lubbock, Texas 79457
Fax 806-767-2393
c. Advance payments are not authorized.
The City requires the Contractor to reconcile, and resolve significant discrepancies or variances
greater than 1.1 % that may occur between the Contractor's invoiced fuel volume and the City's
recorded fuel volume. Fuel storage tanks at the Airport Maintenance Facility, Municipal Hill, and South
Site are currently monitored by Veeder-Root TLS-350 tank management systems. The City currently uses
Veeder-Root TLS delivery reports to reconcile delivered quantities shown on the Contractor's invoice for
these delivery locations.
8. EVALUATION CRITERIA
a. Each proposal will be evaluated and the contract awarded on the basis of the following criteria:
i. Price (50 points). Proposer's best pricing to enable the City to improve budget accuracy each
fiscal year and to help control the annual fuel budget.
ii. Supply (20 points). Adequate resources for supplies.
iii. Prior Experience (15 points). Proposer's Qualifications and Company History
iv. Delivery (10 points). Proposer's ability to supply and deliver fuel on regularly scheduled delivery
days and times as well as experience with fixed price physical delivery.
v. Fuel Measurement and Reconciliation (5 points). Proposer's reconciliation process to resolve
significant discrepancies that may occur between the Contractor's recorded fuel volume and the
City's recorded fuel volume.
9. PROPOSAL FORMAT AND CONTENTS REQUIREMENTS
Introduction- Cover letter addressed to the Honorable Mayor and City Council that states the Proposer's
understanding of the services to be provided.
Provided the Following Under the Additional Information Section in Bonfire
1) Business Organization. State the full name, address, and phone number of the Offeror and, if applicable,
the branch office or division that will perform or assist in performing the work. The capacity of the person
submitting the proposal should also be provided.
If the Offeror is a partnership, limited liability company, limited partnership, or joint venture, the proposal
should state the full names and addresses of all partners, members, or joint ventures' who own at least a ten
percent interest in the Offeror.
The person signing the proposal must initial any erasures, corrections, or other changes appearing on the
proposal form.
2) Required Forms and Certifications: (Required Forms Section)
3) Purpose of Proposal.State in precise terms the means by which the Scope of Services will be fulfilled
4) Statement of Qualifications: The Offerors' experience and history relevant to the services required by this RFP
should be discussed, including a description of the Offeror's direct experience where services comparable in size
and scope has been performed in the last five (5) years. Offeror shall provide the name, address and telephone
numbers of persons who may be contacted as references. Offeror shall also include dates, locations, costs and
project managers for these previous projects.
Proposer's reconciliation process to resolve significant discrepancies that may occur between the
Contractor's recorded fuel volume and the City's recorded fuel volume.
5) Criminal Background: For all persons and entities mentioned in any of the foregoing responses, indicate
whether they (1) have ever been convicted of, (2) have an indictment pending for, or (3) have during the last
five years been investigated for a criminal offense that is not related to the operation of an
automobile. Convictions, indictments, or investigations for the crime of driving while intoxicated
shall be disclosed. Convictions indictments, or investigations shall be disclosed regardless of whether
for a violation of federal, state, local or non-U.S. laws.
6) Willingness to Contract: State that the Offeror is willing to enter into a Contract consistent with the terms herein.
7) Spillage and Cleanup: The Offeror is responsible for all spillage that may occur duringtransit, loading or unloading.
Clean up shall be performed in accordance with EPA and State of Texas guidelines and requirements.
8) Delivery Requirements per Section- Delivery and Quality: Fuel Quality- Please describe the standard
testing Procedures of each fuel type.
Have you experienced any quality Issues in the past 24 months? Please describe.
Please provide the process and remedies available to any Customer that may receive a delivery with quality
issues.
9) Pricing Proposal - A narrative detailing Proposer's best pricing and delivery method or strategy to enable the
City of Lubbock to improve budget accuracy each fiscal year and to help control the City's annual fuel budget.
10) Completed and signed Proposal Form(s) initialed on each page by individual who signed the Proposal Form on
behalf of the Proposer.
10.1. Miscellaneous Charges
(a) Please describe any charges above and beyond the cost of fuel that may be applied.
(b) Trip Charges (Single or Multiple Deliveries)
(c) Fuel Surcharges
(d) Delivery Fees
(e) Government Fees
(f) Service Fees Etc.
11) Equipment & Supplies: The Offeror at its own expense furnish all labor, supplies, equipment and machinery
necessary to fulfill the Scope of Services.
10. TAX EXEMPT
The Offeror recognizes that City and Citibus are exempt from the payment of certain Federal, State and
local taxes, and that such taxes are not to be included in the proposal price. The City will furnish a
Contractor with the necessary tax exempt certificates.
11. INSPECTION
All supplies, equipment, machinery and labor furnished in performance of the Scope of Services shall
be subject to inspection at any time by the City or Citibus.
12. CONTRACT CHANGES
a. The contract shall be modified only by a written contract amendment signed by the Director of Purchasing
& Contract Management and persons duly authorized to enter into contracts on behalf of the Contractor.
b. No right or interest in the contract or monies due thereunder shall be assigned in whole or in part without
written permission of the City, and no delegation of any duty of Contractor shall be made without prior
written permission of the Director of Purchasing & Contract Management, which may be withheld for
good cause. Any assignment or delegation made in violation of this section shall be void.
c. Any contract resulting from the RFP shall be awarded with the understanding that it is for the sole
convenience of the City of Lubbock. The City reserves the right to purchase from other sources fuel that
is required on an emergency basis and cannot be supplied immediately from stock by the Contractor.
Exhibit B
Pro Petroleum LLC
"Confidential"
Pro Petroleum takes pride in serving our home town fuel and logistic needs. Pro operates its own fuel
terminal, fleet of trucks, and local employees to service all the areas of this contract including; sales
team, transportation manager, drivers, and billing department. Pro Petroleum commits to shipping in
pipeline fuel supply of both diesel and gasoline and rail car of diesel to ensure Pro will have the fuel
supply all the City of Lubbock Fuel sites.
Our history with these locations gives us several drivers experienced with your delivery locations, along
with dispatchers and transportation manger that knows what to expect when it comes to delivery to the
City of Lubbock sites. We currently have a large fleet of trucks, drivers, and dispatchers to service the
city. As well as, the sales team, terminal operators, finances associates and billing team to serve you
100% of the time.
Our accounting and back office team has been working with the City of Lubbock for several years. We
are able to reconcile your fuel deliveries from terminal to delivery location to ensure accurate
accounting.
CITY OF LUBBOCK, TEXAS
RFP 22-16244-MA
Bulk Motor Unleaded and Diesel Fuel Services
Best and Final Offer
PRICE PROPOSAL
The pricing structure includes eight (8) cost categories. The bid is based OPIS Rack Average pricing for the day +
delivery.
For Evaluation Purposes Only, use the average net price published July 31, 2021, in the OPIS Daily Report for Lubbock,
Texas.
The contract term for fuel and delivery will begin on January 1, 2022. The contract shall be for a term of one year with the
option of four, one-year extensions, upon written approval from both parties.
Item
Fuel
Load
Annual Estimated Usage
OPIS
+
Total
Trade
Gallons
7/31/2021
Delivered
Price/Gal
Name of
Average rack
Per Gal
For 7/31/2021
Fuel
price
Offered
1
Ethanol (10%)
Transport
1,012,600
2.3247
2.3033
$2,332,321.58
Unleaded
E10%
2
Ethanol (10%)
Bobtail
38,900
2.3247
2.5622
$99,669.58
Unleaded
E10%
3
Red Dyed Diesel
Transport
697,000
2.3925
2.3936
$1,668,339.20
Red Dyed
Diesel
4
Red Dyed Diesel
Bobtail
103,750
2.3925
2.6525
$275,196.88
Red Dyed
Diesel
5
Ultra Low Sulfur
Transport
513,000
2.3874
2.3885
$1,225,300.50
ULSD B5
Diesel — B5 (15ppm)
6
Ultra Low Sulfur
Bobtail
88,540
2.3874
2.6474
$234,400.80
ULSD B5
Diesel — B5 (15ppm)
7
Ultra Low Sulfur
Transport
153,900
N/A
2.3885
$367,590.15
USLD B20
Diesel — B20 (15ppm)
8
Ultra Low Sulfur
Bobtail
61,977
N/A
2.6474
$164,077.91
ULSD B20
Diesel — B20 (15ppm)
Approximate quantities, fuel is ordered as needed. Provide OPIS Report as of July 31, 2021
The Department will receive the OPIS Rack Average pricing of the day of delivery.
** If proposing a different fuel type include the price and product specifications.
Trade name of fuel offered
CITY OF LUBBOCK, TEXAS
RFP 22-16244-MA
Bulk Motor Unleaded and Diesel Fuel Services
Best and Final Offer
PRICE PROPOSAL
The pricing structure includes eight (8) cost categories. The bid is based OPIS Rack Average pricing for the day +
delivery.
For Evaluation Purposes Only, use the average net price published July 31, 2021, in the OPIS Daily Report for Lubbock,
Texas.
The contract term for fuel and delivery will begin on January 1, 2022. The contract shall be for a term of one year with the
option of four, one-year extensions, upon written approval from both parties.
Item
Fuel
Load
Annual Estimated Usage
OPIS
+
Total
Trade
Gallons
7/31/2021
Delivered
Price/Gal
Name of
Average rack
Per Gal
For 7/31/2021
Fuel
price
Offered
1
Ethanol (10%)
Transport
1,012,600
2.3247
2.3033
$2,332,321.58
Unleaded
E10%
2
Ethanol (10%)
Bobtail
38,900
2.3247
2.5622
$99,669.58
Unleaded
E10°b
3
Red Dyed Diesel
Transport
697,000
2.3939
2.3950
$1,669,315.00
Red Dyed
Diesel
4
Red Dyed Diesel
Bobtail
103,750
2.3939
2.6539
$275,342.13
Red Dyed
Diesel
5
Ultra Low Sulfur
Transport
513,000
2.3873
2.3884
$1,225,249.20
ULSD B5
Diesel - B5 (15ppm)
6
Ultra Low Sulfur
Bobtail
88,540
2.3873
2.6473
$234,391.94
ULSD B5
Diesel - B5 (15ppm)
7
Ultra Low Sulfur
Transport
153,900
N/A
2.3884
$367,574.76
USLD B20
Diesel -- B20 (15ppm)
8
Ultra Low Sulfur
Bobtail
61,977
N/A
2.6473
$164,071.71
ULSD B20
Diesel - B20 (15ppm)
Approximate quantities, fuel is ordered as needed. Provide OPIS Report as of July 31, 2021
The Department will receive the OPIS Rack Average pricing of the day of delivery.
** If proposing a different fuel type include the price and product specifications.
Trade name of fuel offered
Exhibit C
FEDERAL CLAUSES AND PTN 130
Exhibit C
BUY AMERICA
The Offeror hereby certifies that it will comply with the requirements of 49 U.S.C. Section
53230)(2)(C), Section 165(b)(3) of the Surface Transportation Assistance Act of 1982,as amended, and
the
regulations of 49
C.F.R. 661.11:
Authorized Signature
Betty Catherman CFO
Name and "title (print)
Pro Petroleum LLC
Company Name (print)
Date
OR
Certificate of Non -Compliance
11/18/2021
The Offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. Section
53230)(2)(C) and Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended,
but may qualify for an exception to the requirements consistent with 49 U.S.C. Sections 53230)(2)(B) or
0)(2)(D), Sections 165(b)(2) or (b)(4) of the Surface Transportation Assistance Act, as amended, and
regulations in 49 C.F.R. 661.7.
Authorized Signature
Name and Title (print)
Company Name (print)
Date
REFERENCES - VENDOR
RFP 22-16244-MA
Provide a minimum of three references within the past five years in which a similar service was provided.
Provide company name, address, contact person, phone, fax, and email. Be sure to include
a valid email as references are check via email.
COMPWW mawwValero
Energy
Addoae:
P.O. 69e000 San Antoft, Tx 78289-Mo
Contact than
Tam[ Lenhardt, Credt Analyst
Emu:
Tami.Lenharftvalero.com
PhDW.
210-345.2679 I N= M444-es i 1
Conway N'�
AAFE&Army Airforce Exchange
Mdrm:
P.O. Box 660201 Dallas, Texas 75260
Cordes PerM-
Liz IQng Fuels Trader
&MR:
kingl(Maates.com
Peoos:
214312-3189 Pax: 214-A85-2679
COMPeay Neon:
Maricopla Counly of Servlcea
Addrm:
3325 West Durango St.
CW04 ten°^:
Sam Hill
Emu:
SomhE@nml.mar[oopa.gov
Pbom:
WA I Pam WA
SPENSION AND DEBARMENT CERTIFICATION FORM
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
PRIMARY COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549 and 11689, Debarment
and Suspension,2 C.F.R. part 180, 2 CF.R part 1200, 2 C.F.R. § 200213, and 2 C F.R. part 200
Appendix 11(1)
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE)
The prospective primary Respondent/Contractor certifies to the best of its knowledge
and belief that it and its principals:
(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application 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 (Federal, State, or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more
public transactions (Federal, State, or local) terminated for cause or default.
Where the prospective primary Respondent/Contractor is unable to certify to any of
the statements in this certification, such prospective primary participant shall attach
an explanation to this proposal.
DATE: 11 / 17/2021
SIGNATURE:
NAME / TITLE: Begy Catherman/Chief Financial Officer
RESPONDENT/
CONTRACTOR: Pro Petroleum. LLC
INSTRUCTIONS FOR CERTIFICATION
By signing and submittingthis proposal, the Respondent/Contractor is providingthe certification set out below.
1. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The Respondent/Contractor shall submit an explanation of why it cannot
provide the certification set out below. The certification or explanation will be considered in connection with the
Owner's determination whether to enter into this transaction. However, failure of the Respondent/Contractor to
furnish a certification or an explanation shall disqualify such person from participation in this transaction.
2. The certification in this clause is a material representation of fact upon which reliance was placed when the Owner
determined to enter into this transaction. If it is later determined that the Respondent/Contractor knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
Owner may terminate this transaction for causeor default.
3. The Respondent/Contractor shall provide immediate written notice to the Owner to which
this proposal is submitted if at any time the Respondent/Contractor learns that its certification was erroneous
when submitted or has become erroneous by reason of changed circumstances.
4. The terms "bid," "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this
clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive
Order 12549 and
12689. You may contact the Owner to which this proposal is submitted for assistance in obtaining a copy of those
regulations (2 C.F.R. part 180, 2 C.F.Rpart 1200, 2 C.F.R. §
200.213 and 2 C.F.R. part 200 Appendix II (1)).
5. The Respondent/Contractor agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a Subcontractor who is
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized by the Owner entering into this transaction.
6. The Respondent/Contractor further agrees by submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered
Transactions," provided by the Owner entering into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier covered transactions.
7. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this clause. The knowledge and
information of a Respondent/Contractor is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
8. Except for transactions authorized under paragraph 6 of these instructions, if a
Respondent/Contractor in a covered transaction knowingly enters into a lower tier covered transaction with
a Subcontractor who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the Owner may terminate this
transaction for cause or default.
9. The Respondent/Contractor also agrees to include these requirements in each subcontract, or a lower
tier covered transaction, exceeding $25.000 financed in whole or in part with Federal assistance provided by FTA.
DATE: 11 /17/2021
SIGNATURE: �4�
NAME (TITLE: Betty Catherman/Chief Financial Officer
RESPONDENT/
CONTRACTOR: Pro Petroleum. LLC
OFFER
RFP 22-16244-MA
By execution below Offeror hereby offers to furnish equipment and services as specified in CITY OF
LUBBOCK AND CITIBUS TRANSIT Transit's RFP 22-16244-MA including any addendums that have been
issued and guarantees that the product offered will meet or exceed specifications in this RFP.
Offeror certifies that it has read all of the offer documents and agrees to abide by all of the federal
clauses,terms, certifications,and conditions thereof.
The Offeror agrees that the bid pricing will remain valid for a period of not less than ninety (90) days from
the date of submission; and
The submitted bid includes all pricing needed for award and that no further options will be needed upon
award.
uthorized Signature
Betty Catherman/Chief Financial Officer
Name and Title (print)
4710 41' St
Address
800.333.9330
Telephone
75-2279730
Tax ID #or SSN
Pro Petroleum LLC
LegalCompany Name (print)
11/17/2021
Date
Lubbock, TX 79416
City,State & Zip
bettyc@propetroleum.com
E-mail
Required Federal Clauses
REQUIRED FEDERAL TRANSIT ADMINSITATION THIRD -PARTY CONTRACT CLAUSES
1: NO OBLIGATION BY THE FEDERAL GOVERNMENT
Purchaser and Vendor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the
underlying Purchase, absent the express written consent by the Federal Government, the Federal Government is not a party to this Purchase and shall not be subject
to any obligations or liabilities to CITY OF LUBBOCK AND CITIBUS TRANSITTransit, Vendor, or any other patty (whether or not a party to that Purchase) pertaining to
any matter resulting from the underlying Purchase.
2. FALSE OR ERAUDULENTSTATEMENTSORRELATED ACTS
Vendor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et eq. and U S. DOT regulations,
"Program Fraud Civil Remedies", 49 CFR Part 31, apply to Its actions pertaining to this Purchase. The Vendor 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 resultant purchase or the FTA assisted project for which this work is being
performed. The Vendor further acknowledges that if it makes,orcauses 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 1996 on the Vendorto the extent the Federal Government
deems appropriate. The Vendor 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 purchase connected with a project that is financed in whole or part with federal assistance originally awarded by
FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § I001,to the extent the Federal Government deems
appropriate.
3. ACCESS TO RECORDS
The Vendor shall permit the authorized representatives of CITY OF LUBBOCK AND CITRUS TRANSIT Transit, the Texas Department of Transportation, the
U.S. Department of Transportation, and the Comptroller General of the United States to inspect and audit all data records of the Vendor relating to the
Vendors performance under the Purchase until the expiration of three (3) years after the final payment and resolution of this Purchase. The Vendor shall
transmit this data to CITY OF LUBBOCK AND CITIBUS TRANSIT Transit upon request. The Vendor further agrees to include in all subcontracts hereunder a provision
to the effect that the subcontractor agrees that CITY OF LUBBOCK AND CITIBUS TRANSIT Transit, the Texas Department of Transportanon,the U.S. Department of
Transportation, and the Comptroller General of the United States or any of their duly authorized representatives shall, until the expiration of three (3) years after
final payment and resolution of audit under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of
subcontractor, involving transactions related to the subcontractor. The subcontractor shall transmit all data records to CITY OF LUBBOCK AND CITIBUS TRANSIT Transit
upon request
The Vendor shall be responsible for any funds determined to be ineligible for reimbursement under this Project and shall reimburse CITY OF LUBBOCK AND CITIBUS
TRANSIT Transit the amount of such funds previously provided to It by CITY OF LUBBOCK AND CITRUS TRANSIT Transit.
4. FEDERALCHANGES
Vendor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by
reference in the Master Agreement between Purchaser and FTA,as they may be amended or promulgated from time to time during the term of this purchase
Vendors failure to so comply shall constitute a material breach of this purchase
S. TERMINATION
termination for Convenience (General Provision) CITY OF LUBBOCK AND CITIBUS TRANSIT Transit may terminate this contract, in whole or in part, at any time by
written notice to the Contractor when it is in the Govemment's best Interest. The Contractor shall be paid its costs,including contract closeout costs, pnd profit on
work performed up to the time of termination. The Contractor shall promptly submit its termination claim to CITY OF LUBBOCK AND CITIBUS TRANSIT Transit to
be paid the Contractor. If the Contractor has any property in its possession belonging to CITY OF LUBBOCK AND CITIBUS TRANSIT Transit, the Contractor will account
for the same,and dispose of it in the manner CITY OF LUBBOCK AND CITIBUS TRANSIT Transit directs.
Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or
any extension or if the Contractor fails to comply with any other provisions of this contract,CITY OF LUBBOCK AND CITIBUS TRANSIT Transit may terminate this
contract for default. CITY OF LUBBOCK AND CITIBUS TRANSIT Transit shall terminate by delivering to the Contractor a Notice of Termination specifying the nature
of the default. The Contractor will only be paid the contract price for supplies delivered and acceptetl,or services performed in accordance with the manner or
performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor -was not in default, the
rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient.
Upon written notice, the Offeror agrees that the Federal Government may suspend or terminate all or any part of Federal assistance if terms of the project agreement
are violated, if the Federal Government determines that the purposes of the laws authorizing the Project would not be adequately served by the continuation of Federal
assistance for the Project,if reasonable progress on the Project is not made,if there is a violation of the project agreement that endangers substantial performance of the
Project, or if the Federal Government determines that Federal assistance has been will Hilly misused by failing to make appropriate use of Project property. Termination
affirmative action to ensure that the applicants are employed,and that employees are treated during employment, without regard to their race,color, creed, national
origin, sex, or age. Stich action shall include, but not be limited to, employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff
or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship In addition, Vendor agrees to comply with any
implementing requirements FTA may issue.
ii. Age- In accordance with section 4 of the Age Discrimination in Employment Act of 1%7, as amended, 29 U S C § 623 and federal transit law at 49
U S C § 5332,the Vendor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, Vendor agrees to comply with
any implementing requirements FTA may issue.
ill Disabilities -In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S C § 12112, Vendor agrees that it shall 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 CFR Part 1630,pertaining to employment of persons with disabilities. In addition, Vendor agrees to comply with any implementing requirements FTA may
issue
tv The Vendor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only
if necessary to identify the affected parties
7. DISADVANTAGED BUSINESS ENTERPRISE
CITY OF LUBBOCK AND CITIBUS TRANSIT Transit has established a Disadvantaged Business Enterprise (DBE) program in accordance will] regulations of
the U.S Department of Transportation (DOT),49 CFR Part 26.CITY OF LUBBOCK AND CITIBUS TRANSIT Transit has received Federal financial assistance from the
Department of Transportation, and as a condition of receiving this assistance,CITY OF LUBBOCK AND CITIBUS TRANSIT Transit has signed an assurance that it will
comply with 49 CFR Part 26
It is the policy of CITY OF LUBBOCK AND CITIBUS TRANSIT Transit to ensure that DBEs are defined in pan 26, have an equal opportunity to receive and
participate in DOT -assisted purchases It is also our policy.
• To ensure nondiscrimination in the award and administration of DOT- assisted purchases,
• To create a level playing field on which DBEs can compete fairly for DOT -assisted purchases,
• To ensure that the DBE Program is narrowly tailored in accordance with applicable law.
• To ensure that only firms that fully meet 49 CFR Pan 26 eligibility standards are permitted to participate as DBEs.
• To lielp remove barriers to the participation of DBEs in DOT assisted purchases.
• To assistthe development of firms that can compete successfully in the market place outside the DBE Program
8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FPA!TERNIS
All contractual provisions required by DOT,as set forth in FTA Circular 4220 1 E are hereby incorporated by reference. Anything to the contrary herein notwithstanding,
all FTA mandated tenns shall be deeined to control in the event of a conflict with other provisions contained in this Agreement The Vendor shall not perform any
actfail to perform any actor refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terns and
conditions.
9. DEBARMF.NTAND SUSPENSION
This provision applies when the purchase exceeds $25,000, in which case tiie Vendor agrees: The Vendor hereby certifies that it and its principals have not presently or
within athree year period been debarred,suspended,proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal
agency and the Vendor hereby certifies that it and its principals have not presently or within a three-year period been convicted of or had a civil judgment
rendered against them for the commission of a fraud or a criminal offense in connection will obtaining,attempting to obtain or performing a public (Federal,state or
local) transaction, violation of Federal or state antitrust statutes; or commission of embezzlement, theft forgery,bribery,falsiftcation or destruction of records, making
false statements or receiving stolen properly.
10. BUY AMERICA
The Contractor agrees to comply with 49 U S.C. 5323 Uland 49 C.F R Part 661,which provide that Federalfunds may not be obligated unless steel,iron, and
manufactured produces 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 C.F R 661.7,and include final assembly in the United States for 15 passengervans and 15 passenger wagons produced by
Chrysler Corporation,and microcomputer equipment and software. Separate requirements for rolling stock are set our at 49 U S.C. 53230X2)(C) and 49 C F R 661.11.
Rolling stock must be assembled in the United States and have a 60 percent domestic content.
A Contractor most submit to the FTA recipient the appropriate Buy America certification with all bids or offers on FTA-funded contracts,except those subject to a
general waiver. Responses,bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive.
With the implementation of the Fixing America's Surface Transportation (FAST) Act.new requirements for domestic content are phased in based on the
date of delivery of the rolling stock. The increased domestic content percentage requirement for rolling stock for -
FYI 6 & FY17isinore than 60%domestic content,
FYI9& FY19ismore than 65%domestic convent.and
III FY20 & beyond is more than 70%domestic content
For rolling stock purchases for which the average cost of the vehicle is more than 5300,000, the FAST Act allows the cost of steel or iron produced in the U S. and used
in the rolling stock frames or car shells to be included in the domestic content calculation,regardless of whether lite frame or car shell is produced in the U S
FTA does not require the inclusion of these requirements in subcontracts.
11. CARGO PREFERENCE
This provision applies when the purchase exceeds E2,500,in which case the Vendor agrees. a) to utilize privately owned U S.-Fiagcommercial 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 this contract to the extent such vessels are available at fair and reasonable rates for U.S -Fiag commercial vessels. b) to furnish within
20 working days following the date of loading for shipments originating within the United Sates 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 -of -lading in English for each shipment of cargo
described in paragraph (a) above to CITY OF LUBBOCK AND CITIBUS TRANSIT Transit (through the Contractor in the case of a subcontractors bill -of -
lading) and to the Office of Cargo Preference, Maritime Administration(MAR-590), 400 Seventh Street SW, Washington, DC
20590. c) to include these requirements in all subcontracts pursuant to this contract when the subcontract may involve the transport of equipment, material,or
commodities by ocean liner
12. ENERCYCONSERVATION
Vendor agrees to comply with mandatory standards and policies related to energy efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act. Vendor further agrees to include this provision in each subcontract financed in whole or in part with federal
assistance provided by FTA
13. RECYCLEDPROD(ICTS
The Vendor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA),as amended (42 U.S.0
6962),including but not limited to the 40 CFR Part 247 and Executive Order 12873, as they apply to the procurement of the items designated in Subpart
B of40 CFR 247
14. ACCESS FOR INDIVIDUALS WITH DISABILITES
The Vendor agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that elderly individuals and individuals with disabilities have the same right as
other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to
implement transportation accessibility rights for elderly individuals and individuals with disabilities. The Vendor also agrees to comply with all applicable provisions
of section 504 of the Rehabilitation Act of 1973, as amended, with 29 U.S.0 § 794,which prohibits discrimination on the basis of disability, with the Americans with
Disabilities Act of 1990 (ADA),as amended, 42 U.S C. §§ 1210let seq, which requires that accessible facilities and services be made available to individuals with
disabilities; slid with fife Architectural Barriers Act of 1968, as amended,42 U S C §§ 415let seq , which requires that buildings and public accommodations be
accessible to individuals with disabilities; and with other laws and amendments thereto pertaining to access for individuals with disabilities that may be
applicable. In addition, the Vendor agrees to comply with applicable implementing Federal regulations any later amendments thereto, and agrees to follow
applicable Federal directives except to the extent FTA approves otherwise in writing. Among those regulations and directives are (1) U.S. DOT regulations,
"Transportation Services for individuals with Disabilities (ADA)," 49 C F R Part 37;(2) U.S. DOT regulations,"Nondiscrimination on the Basis of Handicap in Programs
and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C F.R. Part 27, (3) Joint U S. Architectural and Transportation Barriers Compliance
Board (U S. ATBCByU S DOT regulations, "Americans With Disabilities (ADA)Accessibility Specifications for Transportation Vehicles," 36 C F.R Pan 1192 and 49
C F R Part 38;(4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C F R Part 35; (5) U.S. DOJ
regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C F R. Part 36, (6) U.S. General Services
Administration (U.S GSA) regulations, "Accommodations for the Physically Handicapped,' 41 C F.R. Subpart 101-19; (7) U S EEOC, "Regulations to implement the
Equal Employment Provisions of [lie Americans with Disabilities Act," 29 C F R Pan 1630, (8) U S Federal Communications Commission regulations,
"Telecommunications Relay Servicesand Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C F R Part 64, Subpar F; (9) U S ATBCB
regulations, "Electronic and Information Technology Accessibility Standards." 36 C F R Part 1194. (10) FTA regulations, "Transportation for Elderly and
Handicapped Persons," 49
15. PROHIBITEDINIF.REST
The vendor certifies that no member, officer or employee of the Public Body or of a local public body during his or her tenure of one year thereafter shall have any
interesi,direct or indirect,in this contract of the proceeds thereof.
16. DISPUTES AND REMEDIES
Should disputes arise concerning the specifications contained in this document, the Vendor and CITY OF LUBBOCK AND CITIBUS TRANSIT Transit shall negotiate in
good faith towards resolving such disputes CITY OF LUBBOCK AND CITIBUS TRANSIT Transit shall be responsible to its funding agencies for the settlement of all
contractual and administrative issues arising out of the procurement. Violation or breach of purchase terms by the Vendor may be grounds for termination,
and should said disputes be irmconcilable,CITY OF LUBBOCK AND CITIBUS TRANSIT Transit shall terminate the agreement by default Any increased costs arising
from termination shall be paid by the Vendor
11. RIGHT OF STATE GOVERNMENT TO TERMINATE
Upon written notice, the Vendor agrees that the State Government may suspend or terminate all or any part of State assistance if terms of the project agreement arc
violated, if the State Government determines that die purposes of the laws authorizing the Project would not be adequately served by the continuation of State assistance
for the Project , if reasonable progress on the Project is not made, if there is a violation of the project agreement that endangers substantial performance of the Project,
or if the Stale Government determines that State assistance has been wilfully misused by failing to make appropriate use of Project properly. Termination of Stale
assistance for the Project will not typically invalidate obligations properly incurred before the termination date to the extent those obligations cannot be cancelled
The State Government reserves the right to require the refund of the entire amount of State assistance provided for the Project or a lesser amount.
18. IIOIISF- 11II.1,99
Pursuant to Texas Government code Section 2270.02, fife Provider of good and services under this agreement confirms that it does not and will not boycott Israel
during the tenn of this contract
#RFP 2020100 Page 40of 43
19. NO BOVCOTTOF ISRF.AL
Pursuant to Texas Government code Section 2270.02, a governmental entity, including apolitical subdivision of the State of Texas,may not enter into a contract with a
company for good and services unless the contact contains a verification from the company that it does not boycott Israel and will not boycott Israel during the term
of the contract The Vendor under this contract confirms that it does not and will not boycott Israel during the tern of this contract.
20. FLY AMERICA
The vendor agrees to comply with 49 U.S C 40118, in accordance with the General Services Administration's regulation at 41 CFR Part 310-10, which provide that t
recipients and subrecipients of Federal funds and their contractors are required to use U.S Flag air cauiers for U.S Government financed international air travel and
transportation of personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity,as defined by the Fly
America Act. The Vendor submit, if a foreign air carrier was used,an appropriate certification or memorandum adequately e3xplainign why service by the U.S. flag air
carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America
requirements. The Vendor agrees to include the requirement of this section in all
#RFP 2020100 Page 41 of 43
subcontracts that may involve international air transportation.
21 CLEAN WATERANDAIR
The vendor agrees to comply with all applicable standards,orders or regulation issued pursuant to the Federal Water Pollution Control Act,as amended,
33 U S C 12Slet seq The vendor agrees to comply with all applicable standards, order or regulations issued pursuant to the Clean Air Act,as amended,
42 U S.C.§§740let seq The vendor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser,will,in tum,report each violation as
required to assure notification to the FTA and the appropriate EPA Regional Office
22 LOBBYING
The undersigned certifies to the best of his or her knowledge and belief that
I) No federal appropriated fiords have been paid or will be paid, by or on behalf of the undersigned to any person for influencing or attempting to influence any
officer or employee of an agency,a member of Congress,an officer or employee of Congress in connection with the awarding of any federal contract, the making
of any federal grant, the [Waking 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, and 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 undersigned shall complete and submit standard form LLL,"Disclosure Form to Report Lobbying '.in
accordance with its instructions.
3) The undersigned shall require that the language of this cenification be included in the award documents for all subawards at all hers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements and that all subrecipients 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,title3l,USC 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
NAME OF COMPANY. Pro Petroleum LLC PRINTED NAME OF PERSON COMPLETEING FORM Betty Catherman
DATE: 11/1712021 SIG
23. PRIVACY ACT
Contracts Involving Federal Privacy Act Requirements- The following requirements apply to the Contractor and its employees that administer any system of records
on behalf of the Federal Goverment under any contract: The Contractor agrees to comply with,and assures the compliance of its employees with, the information
restrictions and other applicable requirements of the Privacy Act of 1974,5 U S C § 552a Among other things,the Contractor agrees to obtain the express consent
ofthe Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that
the requirements of the Privacy Act,including the civil and 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.
The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government
financed in whole or in part with Federal assistance provided by FTA
24 DRUGANDALCOHOL TESTING
A contractor providing services involving the performance of safety sensitive activities must comply with 49 U S C Section 533labd F fA regulations. 'Prevention
of Alcohol Misuse and Prohibited Drug Use in Transit Operations, "49 CFR Part 655.
25. BONDING
In accordance with 49 C. F. R 18.36(i),the Contractor agrees to provide the Purchaser.the FTA Administrator, the Comptroller General of the United
States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to
this contractfor the purposes of making audits, exami nations, excerpts and transcriptions. Contractor also agrees,pursuant to 49 CT R. 633 to provide
the FTA Administrator or his authorized representatives including any PMOContractor access to Contractor's records and construction sites
#RFP 2020100 Page 41 of 43
pertaining to a major capital project, defined at 49 U.S.C. 5325(a)l,which is receiving federal financial assistance through the programs described at 49
U.S.C. 5307,5309 or 5311.
Where any Purchaser which is the FTA Recipient or a sub grantee ofthe FTA Recipient in accordance with 49 U.S C 5325(s) enters into a contract for
a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available
records related to the contract to the Purchaser,the Secretary of Transportation and the Comptroller General or any authorized officer or employee
of any of them for the purposes of conducting an audit and inspection.
The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as
reasonably needed.The Contractor agrees to maintain all books, records, accounts and reports required under this contract for aperiod of 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 Contractor agrees to maintain same until the Purchaser,the FTA Administrator,the Comptroller General,
or any of their duly authorized representatives,have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR
18.39(i)(11).
The Recipient agrees to require its third -party contractors and third party Subcontractors, at as many tiers of the Project as required, to
provide to the U S Secretary of Transportation and the Comptroller General of the United States or their duly authorized
t1RFP 2020100 Page 42of 43
representatives, access to all third -party contract records to the extent required by 49 U.S.C. § 5325(g). The Recipient further agrees to require its
third -party Contractors and thud -party Subcontractors, at as many tiers of the Project as required, to provide sufficient access to third party
A bid guarantee from each Offeror equivalent to five (5) percent of the bid price. The "bid guarantee" shall consist of a firm
commitment such as a bid bond, certified check,or other negotiable instrument accompanying a bid as assurance that the Offeror will, upon
acceptance of his bid,execute such contractual documents as may be required within the time specified;
A performance bond on the part of the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection
with a contract to secure fulfillment of all the Contractor's obligations under such contract; and
A payment bond on the part of the Contractor. A payment bond is one executed in connection with a contract to assure payment,as required by
law,of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts determined to
adequately protect the federal interest arc as follows:
Fifty percent of the contract price if the contract price is not more than $!million;
b. Forty percent of the contract price if the contract price is more than $ I million but not more than $5 million;or c. Two
and a half million dollars if the contract price is more than $5 million.
CONSOLIDATED RESPONDENT
CERTIFICATIONS AND ASSURANCES ACKNOWLEDGEMENT
The undersigned Respondent agrees to comply with all of the above Consolidated Respondent Certifications
and Assurances,in addition to any pertinent FTA rules and regulations which have been incorporated herein by
reference. The Respondent shall at all times comply with all applicable FTA regulations, policies, procedures
and directives, including those listed directly or by reference in CITY OF LUBBOCK AND CITIBUS TRANSIT
Transit's grant agreement with the FTA, as they may be amended or promulgated from time to time during
the term of this contract. Respondent's failure to so comply shall constitute a material breach of contract.
Respondent also agrees that any changes to the federal requirements governing this contract shall also apply to
this contract.
The undersigned Respondent certifies that it has read all of the RFQ documents and agrees to abide by the
terms, certifications, and conditions thereof.
Name of Company:
Printed Name of Person Completing Form
Pro Petroleum LLC
Betty Catherman
Address:
SS# or Tax ID #
4710 4111 St. Lubbock TX 79416
75-2279730
Telephone:
atur
800.333.9330
Disadvantaged Busi ness Enterprise Information
Tye of Organization (circle)
Is your firma (yesGeneral
DBE? ) (no) Sole Proprietorship
Proprietorship
If yes,what type? Limited
Corporation Partnership
Limited Proprietorship
I. GENERAL:
The undersigned vendor certifies to abide by these clauses and include the following clauses in each subcontract financed
in whole or in part with Federal Transit Administration (FTA) funds. Vendors are certifying by reference the entire list of
FTNs current fiscal year Certifications and Assurances (for fiscal year: 2020 ), and shall download the same at:
hfps•//www transit dot gov&ndingLarantee resources/certifications and assurances/Certifcationns assurances
A. Access to Third Party Contract Records (yam),
As required by 49 U.S.C. § 5325(g). The VENDOR agrees provide sufficient access to records as needed to assure
proper project management and compliance with Federal laws and regulations.
B. Interest of Members of or Delegates to Congress (ALL)
The vendor certifies that no member of or delegate to the Congress of the United States (US) shall be admitted to any
share or part of this contract or to any benefit arising therefrom.
C. Prohibited Interest (ALL)
The vendor certifies that no member, officer or employee of the Public Body or of a local public body during his or her
tenure or one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.
D. Cargo Preference - Use of United States -Flag Vessels(12rQReft transported on ocean vessels)
The vendor agrees: a. to use privately owned US -Flag commercial vessels to ship at least 50 percent of the gross
tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any
equipment, material or commodities pursuant to the underlying contract to the extent such vessels are available at fair
and reasonable rates for US -Flag commercial vessels; b. to furnish within 20 working days following the date of
loading for shipments originating within the US or within 30 working days following the date of loading for shipments
originating outside the US, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each
shipment of cargo to the Division of National Cargo, Office of Market Development, Maritime Administration,
Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of -lading).
E. Energy Conservation (ALL)
The vendor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained
in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
F. No Obligation by the Federal Government- (AL4
The Purchaser and vendor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express written consent
by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Contractor or any other party (whether or not a party to that contract)
A pertaining to any matter resulting from the underlying contract).
i G. Program Fraud and False or -Fraudulent Statements or Related Acts (ALU
The vendor 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 C.F.R. Part 31, apply to its actions
pertaining to this project. The vendor certifies truthfulness and accuracy of any statement it makes pertaining to the
FTA-assisted project. The vendor 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
lProgram Fraud Civil Remedies Act of 1986 as deemed appropriate. The vendor acknowledges that if it makes, or
causes to be made, a false, fictitious or fraudulent claim, statement submission, or certification to the Federal
Government relating to the FTA-assisted project, per 49 U.S.C. §6307, the Government reserves the right to impose
the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n)(1) on the Contractor, as deemed appropriate.
H. Contract Work Hours (all over 100K)
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set
forth in paragraph (1) of this section, the contractor & any subcontractor responsible therefore shall be liable for
unpaid wages and shall be liable to the United States for liquidated damages which shall be computed for each
individual laborer, mechanic, watchman or guard employed in violation of the clause set forth in paragraph (1) of
this section, in the sum of $10 for each calendar day that an individual was required / permitted to work over 40
hours in a workweek without payment of overtime wages required by the clause in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The purchaser shall upon its own action or upon
written request of the Department of Labor (DOL) withhold or cause to be withheld, from any money payable for
work performed by the contractor or subcontractor under any contract or 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 to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as set -forth in paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall include the clauses set forth in this section and require
the same from 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 these clauses.
j (5) Payrolls and basic records - Payrolls and related basic records shall be maintained by the contractor during
the course of the work and preserved for three years thereafter for all laborers and mechanics working at the work
site (or under the United States Housing Act of 1937 or the Housing Act of 1949, in the construction or
development of the project). Such records shall contain the name, address and social security number of each
worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of
the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic
Include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in
section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records showing that the commitment to
provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program
has been communicated in writing to the laborers or mechanics affected, and records of the costs anticipated or
actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved
j programs shall maintain written evidence of registration of apprenticeship programs, certification of trainee
J programs, registration of the apprentices and trainees, and ratios & wage rates prescribed in applicable programs.
I. Civil Rights (over 1 OK)
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act (CRA), as amended, 42 U.S.C.
62000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §6102, section 202 of the
Americans with Disabilities Act of 1990, 42 U.S.C. §12132, and Federal transit law at 49 U.S.C. §5332, the vendor
agrees that it will not discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the vendor agrees to comply with applicable Federal
Implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VI of the CRA, as amended, 42 U.S.C.
§2000e, and Federal transit laws at 49 U.S.C. §5332, the vendor agrees to comply with all applicable equal
employment opportunity requirements of U.S. DOL regulations, "Office of Federal Contract Compliance Programs,
I Equal Employment Opportunity, DOL," 41 C.F.R. Parts 60 et seq., (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," 42 U.S.C. §2000e note), and with any applicable Federal statutes,
executive orders, regulations and Federal policies that may in the future affect construction activities undertaken in
I the course of the Project. The vendor agrees to take affirmative action to ensure that applicants are employed &
treated during employment without regard to their race, color, creed, national origin, sex or age. Action shall
include but not be limited to employment, upgrading, demotion, transfer, recruitment, layoff, termination, rates of
pay or other forms of compensation; and selection for training, including apprenticeship. The vendor agrees to
comply with any implementing requirements FTA may issue.
I(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. §§623 and
49 U.S.C. §5332), the vendor agrees to refrain from discrimination against present and prospective employees for
reason of age. and comply with any implementing requirements FTA may issue.
J (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act (42 U.S.C. §12112), the
contractor agrees to comply with the requirements of U.S. Equal Employment Opportunity Commission,
1 "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. and to comply with any implementing
requirements FTA may issue.
IncorooraUon of Federal Transit Administration (FTA) Terms (ALL)
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in
FTA circular 4220.1F 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 this
Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any transit
agency requests which would cause the transit agency to violate FTA terms and conditions.
K. Application of Federal. State, A Local Laws Regulations & Directives (Federal Changes) (ALL)
The VENDOR agrees that Federal laws and regulations control project award and implementation. The VENDOR
understands and agrees that unless the recipient requests FTA approval in writing, the VENDOR may incur a
violation of Federal laws or regulations or this agreement if it implements an alternative procedure or course of
action not approved by FTA. The VENDOR understands and agrees that Federal laws, regulations, and directives
applicable on the date on which Federal assistance is awarded may be modified from time to time. In particular,
new Federal laws, regulations, and directives may become effective after the date the project agreement is
effective, and might apply to that project agreement. The VENDOR agrees that the most recent versions of such
Federal laws, regulations, and directives will apply to the administration of the project at any particular time.
L. (ALL)
Upon written notice, the VENDOR agrees that the State Government may suspend or terminate all or any part of
State assistance if terms of the project agreement are violated, if the State Government determines that the
purposes of the laws authorizing the Project would not be adequately served by the continuation of State
assistance for the Project., if reasonable progress on the Project is not made, if there is a violation of the project
agreement that endangers substantial performance of the Project, or if the State Government determines that
State assistance has been willfully misused by failing to make appropriate use of Project property. Termination of
State assistance for the Project will not typically invalidate obligations properly incurred before the termination date
to the extent those obligations cannot be canceled. The State Government reserves the right to require the refund
of the entire amount of State assistance provided for the Project or a lesser amount.
M. Disputes. Breaches. Defaults or Other Litigation (over 1 0K)
The VENDOR agrees that FTA has a vested interest in the settlement of any dispute, breach, default, or litigation
involving the Project. Accordingly:
a. Notification to FTA. The VENDOR is aware that recipients of Federal assistance must notify FTA in writing of
any current or prospective major dispute, breach, default, or litigation that may affect the Federal Government's
=� interests in the Project or the administration or enforcement of Federal laws or regulations. If the Federal
Government is to be named as a party to litigation for any reason, in any forum, the appropriate FTA Regional
Counsel is to be notified in writing before doing so.
b. Federal Interest in Recovery. The VENDOR is aware that the Federal Government retains the right to a
proportionate share, based on the percentage of the Federal share awarded for the Project, of proceeds derived
from any third party recovery.
C. Enforcement. The VENDOR agrees to pursue its legal rights and remedies available under any third party
contract or available under law or regulations.
d. FTA Concurrence. The VENDOR is aware that FTA reserves the right to concur in any compromise or
Isettlement of any claim involving the Project.
e. Alternative Dispute Resolution. The VENDOR is aware that FTA encourages the use of alternative dispute
resolution procedures, as may be appropriate.
f. Agency Process.
Transit agency enters dispute resolution process here.
N. Fly America (foreign air transport or travel)
j The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General
1 Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of
Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Govemment-financed
International air travel and transportation of personal effects or property, to the extent such service is available,
unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall
submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why
service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in
any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include
the requirements of this section in all subcontracts that may involve international air transportation.
O. Recycled Products (all products)
The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and
Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the 40 CFR Part 247, and
Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR 247.
} P. Access for Individuals with Disabilities (ALL)
# The VENDOR agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that elderly individuals
and individuals with disabilities have the same right as other individuals to use public transportation services and
facilities, and that special efforts shall be made in planning and designing those services and facilities to implement
transportation accessibility rights for elderly individuals and individuals with disabilities. The VENDOR also agrees
to comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, with 29 U.S.
C. § 794, which prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of 1990
(ADA), as amended, 42 U.S.C. §§ 12101 at seq., which requires that accessible facilities and services be made
available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§
4151 et seq., which requires that buildings and public accommodations be accessible to individuals with
disabilities; and with other laws and amendments thereto pertaining to access for individuals with disabilities that
may be applicable. In addition, the VENDOR agrees to comply with applicable implementing Federal regulations
any later amendments thereto, and agrees to follow applicable Federal directives except to the extent FTA
approves otherwise in writing. Among those regulations and directives are: (1) U.S. DOT regulations,
'Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37; (2) U.S. DOT regulations,
"Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal
Financial Assistance," 49 C.F.R. Part 27; (3) Joint U.S. Architectural and Transportation Barriers Compliance
Board (U.S. ATBCB)/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38; (4) U.S. DOJ regulations, "Nondiscrimination
on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35; (5) U.S. -DOJ regulations,
"Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R.
Part 36; (6) U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the Physically
Handicapped," 41 C.F.R. Subpart 101-19; (7) U.S. EEOC, "Regulations to Implement the Equal Employment
Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630; (8) U.S. Federal Communications
Commission regulations, 'Telecommunications Relay Services and Related Customer Premises Equipment for the
Hearing and Speech Disabled," 47 C.F.R. Part 64, Subpart F; (9) U.S. ATBCB regulations, "Electronic and
Information Technology Accessibility Standards," 36 C.F.R. Part 1194; (10) FTA regulations, "Transportation for
Elderly and Handicapped Persons," 49 C.F.R. Part 609; and (11) Federal civil rights and nondiscrimination
directives implementing the foregoing Federal laws and regulations, except to the extent the Federal Government
determines otherwise in writing.
0. Debarment and Sus ension (over 25K)
The vendor hereby certifies that it and its principals have not presently or within a three year period been debarred,
suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any
Federal agency; and the vendor hereby certifies that it and its principals have not presently or within a three-year
period been convicted of or had a civil judgment rendered against them for the commission of a fraud or a criminal
offense in connection with obtaining, attempting to obtain or performing a public (Federal, state or local)
transaction; violation of Federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements or receiving stolen property.
R. Clean Water & Air (over 150K)
The vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal
Water Pollution Control Act, as amended, 33 U.S.C. 1251 at seq. The vendor agrees to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§7401 at seq. The
vendor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in
turn, report each violation as required to assure notification to the FTA and the EPA.
S. Non -Lobbying (over 150K)
i The undersigned certifies to the best of his or her knowledge and belief that:
( 1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned to any person
for influencing or attempting to Influence any officer or employee of an agency, a member of Congress, an officer
or employee 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 undersigned shall complete and submit standard form LLL, "Disclosure Form to
Report Lobbying", in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements and that all subrecipients 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, USC. Any person who fails to file the required certification shall be subject to a
j civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
T
ano Disclosure certification
Name of Company Printed Name of Person Completing Form
Pro Petroleum LLC Betty Catherman
Date Signature
11/18/19 �r •= _ ._ . _ n ._ .�
I
U. CERTIFICATION TO PURCHASER:
A. The undersigned vendor certifies that the manufactured good(s) furnished will meet or exceed the specifications,
and/or that services rendered will comply with the terms of the solicitation or contract.
B. The undersigned vendor certifies that it has read all of the bid, proposal, or contract documents and agrees to
abide by the terms, certifications, and conditions thereof.
Name of Company
Address
Pro Petroleum LLC
4710 4th Street Lubbock, Texas 79413
Printed Name of Person Completing Form
Betty Catherman
Telephone
Si atu
806-796-8785
Date
SS# or Tax ID #
11 /18/19
75-2279730
Description of Commodity or Service
wholesale fuel service
Disadvantaged Business Enterprise Information
Type of Organization (circle)
Sole Proprietorship
General Proprietorship
is your firma DBE? ❑ (yes) (no)
❑ Corporation
29 Limited Partnership
If yes, what type?
Limited Proprietorship
V. Disadvantaged Business Enterprises (DBE) Certification (Transit Vehicle Manufacturer or M M1
The vendor will provide products compliant with 49 CFR 26.49 regarding the vehicle manufacturer's overall DBE goal.
Name of manufacturer of vehicle(s) to be delivered:
W. Disadvantage Business Enterprise (DBE) Race -Neutral Required Clauses (Non-TVM):
The DBE rules set forth in 49 CFR Part 26 apply to all contracts funded in whole or in part with Federal DOT funds.
Contracts and subcontracts must contain the clauses listed in 49 CFR 26.13 and 49 CFR 26.29. Sub -recipients with
contracts that contain a DBE goal must coordinate with their PTC in order to ensure solicitations and contracts
comply with DBE requirements.
49 CFR 26.13 -- What assurances must recipients and contractors make?
Each contract you sign with a contractor (and each subcontract the prime contractor signs with a subcontractor)
must include the following assurance:
lThe contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall cant' out applicable requirements of 49 CFR part 26 in the
award and administration of DOT -assisted contracts. Failure by the contractor to cant' 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
recipient 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.'
49 CFR 26.29 -- What Prompt Payment Mechanisms Must Recipients Have?
Grantees must establish a contract clause requiring prime contractors to pay subcontractors for satisfactory
performance no later than 30 days from receipt of each payment the grantee makes to the prime contractor. This
clause must require the prompt return of retainage payments from the prime contractor to the subcontractor within 30
days after the subcontractor's work is satisfactorily completed. For more information on these please review 49 CFR
26.29 and the FTA Best Practice Procurement Manual
X. Altoona Test Certification (for rolling stock purchases) (Check one of the following):
The vehicle has been Altoona tested, report number:
The vehicle is exempt from testing LAW 49 CFR 665.
The vehicle is currently being tested at Altoona.
RN
Funds will not be released until the purchasing agency gets a copy of the Altoona test report, as appropriate, per
49 CFR 665. Y. Federal Motor Vehicle Safety Standards (FMVSS) Certification (for rolling stock purchases) &06)
Any vehicles provided by the vendor will comply with all applicable FMVSS. The vendor shall submit 1)
manufacturer's FMVSS self -certification sticker information that the vehicle complies with relevant FMVSS or 2)
manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations.
FMVSS Certification
Name of Company
Printed Name of Person Completing Form
Pro Petroleum LLC
Betty Catherman
Date
Signature
11/18/19
Z. Buy America (Check where applicable): (over $160K rolling stock, construction, materials)
® The vendor or offeror hereby certifies it will comply with the requirements of 49 USC 53230) and the applicable
regulations in 49 CFR 661, providing Buy America compliant manufactured goods or rolling stock.
❑ The vendor or offeror cannot comply with the requirements 49 USC 5323Q), but may qualify for an exception to the
requirement pursuant to the regulations in 49 CFR 661.
Buy America Certification
Name of Company Printed Name of Person Completing Form
Pro Petroleum LLC Betty Catherman
Date
11/18/19
- 11. SPECIAL PROJECT TYPE PROVISIONS -the following addenda are attached and endorsed as appropriate:
A. Construction or Architectural & Engineering Projects ❑
B. Transit Operations or Management Projects ❑
i C. Intelligent Transportation System or Research & Development ❑
I. GENERAL:
The undersigned vendor certifies to abide by these clauses and include the following clauses in each subcontract financed
in whole or in part with Federal Transit Administration (FTA) funds. Vendors are certifying by reference the entire list of
FTNs current fiscal year Certifications and Assurances (for fiscal year: 2020 ), and shall download the same at:
hfps://www.transit.dot goyifundingigrantee-resources/certifications-and-assuranceskertifications assurances
A. Access to Third Party Contract Records (ALLl
As required by 49 U.S.C. § 5325(g). The VENDOR agrees provide sufficient access to records as needed to assure
proper project management and compliance with Federal laws and regulations.
B. Interest of Members of or Delegates to Congress (ALL)
The vendor certifies that no member of or delegate to the Congress of the United States (US) shall be admitted to any
share or part of this contract or to any benefit arising therefrom.
C. Prohibited Interest(ALL)
The vendor certifies that no member, officer or employee of the Public Body or of a local public body during his or her
tenure or one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.
D. Cargo Preference - Use of United States -Flag Vessels rg_ropgdy transported on ocean vessels)
The vendor agrees: a. to use privately owned US -Flag commercial vessels to ship at least 50 percent of the gross
tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any
equipment, material or commodities pursuant to the underlying contract to the extent such vessels are available at fair
and reasonable rates for US -Flag commercial vessels; b. to furnish within 20 working days following the date of
loading for shipments originating within the US or within 30 working days following the date of loading for shipments
originating outside the US, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each
shipment of cargo to the Division of National Cargo, Office of Market Development, Maritime Administration,
Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of -lading).
E. Energy Conservation L)
The vendor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained
in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
F. No Obligation "a Federal Government- (ALL)
The Purchaser and vendor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express written consent
by the Federal Government, the Federal Govemment is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Contractor or any other party (whether or not a party to that contract)
pertaining to any matter resulting from the underlying contract).
i G. Program Fraud and False or Fraudulent Statements or Related Acts (ALL)
The vendor 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 C.F.R. Part 31, apply to its actions
pertaining to this project. The vendor certifies truthfulness and accuracy of any statement it makes pertaining to the
FTA-assisted project. The vendor 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 as deemed appropriate. The vendor acknowledges that if it makes, or
causes to be made, a false, fictitious or fraudulent claim, statement submission, or certification to the Federal
Government relating to the FTA-assisted project, per 49 U.S.C. §6307, the Government reserves the right to impose
the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n)(1) on the Contractor, as deemed appropriate.
I H. Contract Work Hours (all over 100K)
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set
forth in paragraph (1) of this section, the contractor & any subcontractor responsible therefore shall be liable for
unpaid wages and shall be liable to the United States for liquidated damages which shall be computed for each
individual laborer, mechanic, watchman or guard employed in violation of the clause set forth in paragraph (1) of
this section, in the sum of $10 for each calendar day that an individual was required / permitted to work over 40
hours in a workweek without payment of overtime wages required by the clause in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages - The purchaser shall upon its own action or upon
written request of the Department of Labor (DOL) withhold or cause to be withheld, from any money payable for
work performed by the contractor or subcontractor under any contract or 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 to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as set -forth In paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall include the clauses set forth in this section and require
the same from 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 these clauses.
J (5) Payrolls and basic records - Payrolls and related basic records shall be maintained by the contractor during
the course of the work and preserved for three years thereafter for all laborers and mechanics working at the work
site (or under the United States Housing Act of 1937 or the Housing Act of 1949, in the construction or
development of the project). Such records shall contain the name, address and social security number of each
worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of
the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(N) that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in
section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records showing that the commitment to
provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program
has been communicated in writing to the laborers or mechanics affected, and records of the costs anticipated or
actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved
j programs shall maintain written evidence of registration of apprenticeship programs, certification of trainee
J programs, registration of the apprentices and trainees, and ratios & wage rates prescribed in applicable programs.
I. Civil Rights (over 10K)
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act (CRA), as amended, 42 U.S.C.
§2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §6102, section 202 of the
Americans with Disabilities Act of 1990, 42 U.S.C. §12132, and Federal transit law at 49 U.S.C. §5332, the vendor
agrees that it will not discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the vendor agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VI of the CRA, as amended, 42 U.S.C.
§2000e, and Federal transit laws at 49 U.S.C. §5332, the vendor agrees to comply with all applicable equal
1 employment opportunity requirements of U.S. DOL regulations, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, DOL," 41 C.F.R. Parts 60 et seq., (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," 42 U.S.C. §2000e note), and with any applicable Federal statutes,
{ executive orders, regulations and Federal policies that may in the future affect construction activities undertaken in
the course of the Project. The vendor agrees to take affirmative action to ensure that applicants are employed &
treated during employment without regard to their race, color, creed, national origin, sex or age. Action shall
include but not be limited to employment, upgrading, demotion, transfer, recruitment, layoff, termination, rates of
pay or other forms of compensation; and selection for training, including apprenticeship. The vendor agrees to
comply with any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. §§623 and
49 U.S.C. §5332), the vendor agrees to refrain from discrimination against present and prospective employees for
reason of age. and comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act (42 U.S.C. §12112), the
contractor agrees to 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. and to comply with any implementing
requirements FTA may issue.
J. Incomoration of Federal Transit Administration (FTA) Terms (ALL)
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in
FTA circular 4220.11F 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 this
Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any transit
agency requests which would cause the transit agency to violate FTA terms and conditions.
K.Changes)(ALL)
The VENDOR agrees that Federal laws and regulations control project award and implementation. The VENDOR
understands and agrees that unless the recipient requests FTA approval in writing, the VENDOR may incur a
violation of Federal laws or regulations or this agreement if it implements an alternative procedure or course of
action not approved by FTA. The VENDOR understands and agrees that Federal laws, regulations, and directives
applicable on the date on which Federal assistance is awarded may be modified from time to time. In particular,
new Federal laws, regulations, and directives may become effective after the date the project agreement is
effective, and might apply to that project agreement. The VENDOR agrees that the most recent versions of such
Federal laws, regulations, and directives will apply to the administration of the project at any particular time.
L. Right of the State Government to Terminate (ALL)
Upon written notice, the VENDOR agrees that the State Government may suspend or terminate all or any part of
State assistance if terms of the project agreement are violated, if the State Government determines that the
purposes of the laws authorizing the Project would not be adequately served by the continuation of State
assistance for the Project., if reasonable progress on the Project is not made, if there is a violation of the project
agreement that endangers substantial performance of the Project, or if the State Government determines that
State assistance has been willfully misused by failing to make appropriate use of Project property. Termination of
State assistance for the Project will not typically invalidate obligations properly incurred before the termination date
to the extent those obligations cannot be canceled. The State Government reserves the right to require the refund
of the entire amount of State assistance provided for the Project or a lesser amount.
M. Disputes. Breaches. Defaults. or Other Litigation (over 1 0K)
The VENDOR agrees that FTA has a vested interest in the settlement of any dispute, breach, default, or litigation
involving the Project. Accordingly:
a. Notification to FTA. The VENDOR is aware that recipients of Federal assistance must notify FTA in writing of
any current or prospective major dispute, breach, default, or litigation that may affect the Federal GovemmenVs
interests in the Project or the administration or enforcement of Federal laws or regulations. If the Federal
Government is to be named as a party to litigation for any reason, in any forum, the appropriate FTA Regional
Counsel is to be noted in writing before doing so.
b. Federal Interest in Recovery. The VENDOR is aware that the Federal Government retains the right to a
proportionate share, based on the percentage of the Federal share awarded for the Project, of proceeds derived
from any third party recovery.
C. Enforcement. The VENDOR agrees to pursue its legal rights and remedies available under any third party
contract or available under law or regulations.
d. FTA Concurrence. The VENDOR is aware that FTA reserves the right to concur in any compromise or
I settlement of any claim involving the Project.
J e. Alternative Dispute Resolution. The VENDOR is aware that FTA encourages the use of alternative dispute
resolution procedures, as may be appropriate.
f. Agency Process.
Transit agency enters dispute resolution process here.
N. Fly America (foreign air transport or travel)
t The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General
11 Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of
Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government -financed
international air travel and transportation of personal effects or property, to the extent such service is available,
unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall
submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why
service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in
any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include
the requirements of this section in all subcontracts that may involve international air transportation.
O. Racycled Products (all products)
The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and
Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the 40 CFR Part 247, and
Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR 247.
P. Access for Individuals with Disabilities (ALL)
The VENDOR agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that elderly individuals
and individuals with disabilities have the same right as other individuals to use public transportation services and
facilities, and that special efforts shall be made in planning and designing those services and facilities to implement
transportation accessibility rights for elderly individuals and individuals with disabilities. The VENDOR also agrees
to comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, with 29 U.S.
C. § 794, which prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of 1990
(ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made
available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§
4151 et seq., which requires that buildings and public accommodations be accessible to individuals with
disabilities; and with other laws and amendments thereto pertaining to access for individuals with disabilities that
may be applicable. In addition, the VENDOR agrees to comply with applicable implementing Federal regulations
any later amendments thereto, and agrees to follow applicable Federal directives except to the extent FTA
approves otherwise in writing. Among those regulations and directives are: (1) U.S. DOT regulations,
'Transportation Services for Individuals with Disabilities (ADA);' 49 C.F.R. Part 37; (2) U.S. DOT regulations,
"Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal
Financial Assistance," 49 C.F.R. Part 27; (3) Joint U.S. Architectural and Transportation Barriers Compliance
Board (U.S. ATBCB)/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38; (4) U.S. DOJ regulations, "Nondiscrimination
on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35, (6) U.S. -DOJ regulations,
Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R.
Part 36; (6) U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the Physically
Handicapped," 41 C.F.R. Subpart 101-19; (7) U.S. EEOC, "Regulations to Implement the Equal Employment
Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630; (8) U.S. Federal Communications
-i Commission regulations, 'Telecommunications Relay Services and Related Customer Premises Equipment for the
Hearing and Speech Disabled," 47 C.F.R. Part 64, Subpart F; (9) U.S. ATBCB regulations, "Electronic and
Information Technology Accessibility Standards," 36 C.F.R. Part 1194; (10) FTA regulations, 'Transportation for
Elderly and Handicapped Persons," 49 C.F.R. Part 609; and (11) Federal civil rights and nondiscrimination
directives implementing the foregoing Federal laws and regulations, except to the extent the Federal Government
determines otherwise in writing.
0. Debarment and Su nsion (over 25K)
The vendor hereby certifies that it and its principals have not presently or within a three year period been debarred,
suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any
Federal agency; and the vendor hereby certifies that it and its principals have not presently or within a three-year
period been convicted of or had a civil judgment rendered against them for the commission of a fraud or a criminal
offense in connection with obtaining, attempting to obtain or performing a public (Federal, state or local)
transaction; violation of Federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements or receiving stolen property.
R. Clean Water & Air (over 150K)
The vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal
Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The vendor agrees to comply with all applicable
standards, orders or regulations Issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§7401 et seq. The
-� vendor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in
turn, report each violation as required to assure notification to the FTA and the EPA.
S. Non -Lobbying (over 150K)
The undersigned certifies to the best of his or her knowledge and belief that:
1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned to any person
for influencing or attempting to influence any officer or employee of an agency, a member of Congress, an officer
or employee of Congress in connection with the awarding of any federal contract, the making of any federal grant,
J 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 undersigned shall complete and submit standard form LLL, "Disclosure Form to
Report Lobbying", in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements and that all subrecipients 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, USC. 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 $100,000 for each such failure.
T. Lobbying and Disclosure Certification
Name of Company Printed Name of Person Completing Form
Pro Petroleum LLC Betty Catherman
Date Signature
11/18/19
U. CERTIFICATION TO PURCHASER:
A. The undersigned vendor certifies that the manufactured good(s) furnished will meet or exceed the specifications,
and/or that services rendered will comply with the terms of the solicitation or contract.
B. The undersigned vendor certifies that it has read all of the bid, proposal, or contract documents and agrees to
abide by the terms, certifications, and conditions thereof.
Name of Company
Address
Pro Petroleum LLC
4710 4th Street Lubbock, Texas 79413
Printed Name of Person Completing Form
Betty Catherman
Telephone
Si atu
806-796-8786
Date
SS# or Tax ID #
11/18/19
76-2279730
Description of Commodity or Service
wholesale fuel service
Disadvantaged Business Enterprise Information
Type of Organization (circle)
Sole Proprietorship
General Proprietorship
Is your firma DBE? ❑ (yes) (no)
❑ Corporation
M Limited Partnership
If yes, what type?
0 Limited Proprietorship
V. Disadvantaged Business Enterprises (Q$E) Certification (Transit Vehicle Manufacturer or TVMI
The vendor will provide products compliant with 49 CFR 26.49 regarding the vehicle manufacturer's overall DBE goal.
Name of manufacturer of vehicle(s) to be delivered:
W. Disadvantage Business Enterprise (DBE) Race -Neutral Required Clauses (Non-TVM):
-I The DBE rules set forth in 49 CFR Part 26 apply to all contracts funded in whole or in part with Federal DOT funds.
Contracts and subcontracts must contain the clauses listed in 49 CFR 26.13 and 49 CFR 26.29. Sub -recipients with
contracts that contain a DBE goal must coordinate with their PTC in order to ensure solicitations and contracts
comply with DBE requirements.
49 CFR 26.13 -- What assurances must recipients and contractors make?
Each contract you sign with a contractor (and each subcontract the prime contractor signs with a subcontractor)
must include the following assurance:
The contractor, sub recipient 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 DOT -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
recipient 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.'
49 CFR 26.29 -- What Prompt Payment Mechanisms Must Recipients Have?
Grantees must establish a contract clause requiring prime contractors to pay subcontractors for satisfactory
performance no later than 30 days from receipt of each payment the grantee makes to the prime contractor. This
clause must require the prompt return of retainage payments from the prime contractor to the subcontractor within 30
days after the subcontractor's work is satisfactorily completed. For more information on these please review 49 CFR
26.29 and the FTA Best Practice Procurement Manual
X. Altoona Test Certification (for rolling stock purchases) (Check one of the following):
The vehicle has been Altoona tested, report number:
L
The vehicle is exempt from testing IAW 49 CFR 665.
The vehicle is currently being tested at Altoona.
Funds will not be released until the purchasing agency gets a copy of the Altoona test report, as appropriate, per
49 CFR 665. �
Y. Federal Motor Vehicle Safety Standards (FMVSS) Certification (for rolling stock purchases) ('qlA) "tv�
Any vehicles provided by the vendor will comply with all applicable FMVSS. The vendor shall submit 1)
manufacturer's FMVSS self -certification sticker information that the vehicle complies with relevant FMVSS or 2)
manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations.
FMVSS Certification
Name of Company
Printed Name of Person Completing Form
Pro Petroleum LLC
Betty Catherman
Date
Signature
11/18/19
Z. Buy America (Check where applicable): (over $150K rolling stock, construction, materials)
® The vendor or offeror hereby certifies it will comply with the requirements of 49 USC 53230) and the applicable
regulations in 49 CFR 661, providing Buy America compliant manufactured goods or rolling stock.
❑ The vendor or offeror cannot comply with the requirements 49 USC 53230), but may qualify for an exception to the
requirement pursuant to the regulations in 49 CFR 661.
Buy America Certification
Name of Company
Printed Name of Person Completing Form
Pro Petroleum LLC
Betty Catherman
Date
Si re
11 /18/19
C-1Fo
II. SPECIAL PROJECT TYPE PROVISIONS - the following addenda are attached and endorsed as appropriate:
A. Construction or Architectural & Engineering Projects ❑
B. Transit Operations or Management Projects ❑
C. Intelligent Transportation System or Research & Development ❑
Exhibit D
CITY OF LUBBOCK, TEXAS
RFP 22-16244-MA
Bulk Motor Unleaded and Diesel Fuel Services
III. INSURANCE
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance
Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the
coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required
information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM
UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY.
INSURANCE COVERAGE REQUIRED
SECTION B. The City reserves the right to review the insurance requirements of this section during the effective
period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and
prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well
as the Contractor.
SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved
by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of
Texas and acceptable to the City, in the following type(s) and amount(s):
TYPE
Worker's Compensation
AMOUNT
Statutory
OR
Employers Liability $500,000
2. Commercial General (public) Liability insurance including coverage for the following:
a. Premises operations
b. Independent contractors
c. Products/completed operations
d. Personal injury
e. Advertising injury
f. Contractual liability
Combined single limit for
bodily injury and property
damage of $1,000,000 per
occurrence or its equivalent.
3. Comprehensive Automobile Combined single limit for
Liability insurance, including bodily injury and property
Coverage for loading and unloading of $1,000,000 per occurrence
hazards, for: or its equivalent.
a. Owned/leased vehicles
b. Non -owned vehicles
c. Hired vehicles
4. Pollution Liability General Aggregate $1,000,000
The City of Lubbock shall be named an additional insured with a waiver of subrogation in favor of the City on
all coverage's. All copies of the Certificates of Insurance shall reference the RFP or proposal number for which the
insurance is being supplied. Copies of the endorsements will be required.
ADDITIONAL POLICY ENDORSEMENTS
The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements
thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms,
conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding
upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the
Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost
thereof.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of
insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as
the interest of each insured may appear) as to all applicable coverage;
b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected
representatives for injuries, including death, property damage, or any other loss to the extent same may be
covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the
indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such
obligations within applicable policies.
f. All copies of the Certificates of Insurance shall reference the project name or proposal number for which the
insurance is being supplied.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than
30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
1314 Avenue K, 9`1 Floor
Lubbock, Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor
shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract
documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the
Contractor from liability.