Hemet City Council
March 8, 2022

2021/22CITYWIDESLURRYS?/—\L B|DDER'S PROPOSAL (cont’d)
CIP No. 5725

DESIGNATIONOF SUBCONTRACTORS
Name of Subcontractor
and Lorationof Place Description of Work Subcontractor’s QIRRegistration of Business License No. «-- Number
(Bidder to attach additional sheets if necessary)
(PUBLICCONTRACTCODE§410O ETSEQ.)
J 8: S STRIPING COMPANY INC
P t M &
2)5£$‘AVri§aE,YcAARs§’1’7‘¥1E S:¥;:“;“a’ ‘"93 53821 1 1000006912

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2021/22CITYWIDESLURRYSEAL B|DDER'S PROPOSAL (cont'd)
CIP No. 5725

DESIGNATIONOF SUBCONTRACTORS
Name of Subcontractor
and Location of Place Description of Work Subcontractor’ s DIRRegistration of Business License No. Number
(Bidder to attach additional sheets if necessary)
(PUBLICCONTRACTCODE§4100 ETSEQ.)

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2021/22CITYWIDESLURRYSEAL B|DDER'S PROPOSAL (cont'd)
CIP No. 5725

TO BEEXECUTEDBYALLBIDDERSAND SUBMITTEDWITH BID
The undersigned Bidder certifies to Owner as set forth in sections 1 through 8, below

STATEMENT OF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against Bidder within the past two years because of failure to comply with an order of a Federal Court or to comply with an order of the National Labor RelationsBoard. '

CERTIFICATIONOFWORKER'SCOMPENSATIONINSURANCE -
By my signature hereunder, as theContractor, I certify that I am aware of the Labor Code Section 3700, which requires every employer to be insured against liability for worker's compensation or to undertakeself-insurance in accordance with the provisions of that Code, and I will comply with such provisions beforecommencing the performance of the work of this Contract.

Please note that the submittal of this certificate does not relieve Contractor from complying with all of the insurance requirements of the Public Works Agreement and Contract Documents.

CERTIFICATIONOF PREVAILINGWAGE RATESAND RECORDS
By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Section 1773, which requires the payment of prevailing wage on public projects. Contractor and any subcontractors under the Contractor shall comply with Labor Code Section 1776 regarding wage records, and with Labor Code Section 1777.5 regarding the employment and training of apprentices. Contractor is responsible to ensure compliance by any and all subcontractors performing work under this Contract.

CERTIFICATIONOF COMPLIANCEWITH PUBLICWORKSCHAPTEROF LABORCODE By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Sections 1777.1 and 1777.7 Code, and Contractor and Subcontractors are eligible to bid and work on public works projects.

CERTIFICATIONOF NON-DISCRIMINATION
By my signature hereunder, as the Contractor, I certify that there will be no discrimination in employment with regard to race, color, religion, gender, sexual orientation, age or national origin; that all federal, state, and local directives and executive orders regarding non-discrimination in employment will be complied with; and that the principal of equal opportunity in employment will be demonstrated positively and aggressively.

A1-11

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2021/22CITYWIDESLURRYSEAL B|DDI:'R":§ PROPOSAL(cont'd)
CIP No. 5725

CERTIFICATIONOF NON-DISQUALIFICATION
By my signature hereunder, as the Contractor, I swear, under penalty of perjury, that the below indicated Bidder, any officer of Bidder, or any employee of Bidder who has a proprietary interest in such Bidder, has never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or safety regulation, except as indicated on the separate sheet attached hereto entitled "Previous Disqualifications.” If a statement of ”Previous Disqua|ifications” is attached, please explain the circumstances.

CERTIFICATIONOF ADEQUACYOF CONTRACTAMOUNT
By my signature hereunder, as the Contractor, pursuant to Labor Code Section 2810(a), I certify that, if awarded the Contract based on the undersigned’s Bid, the Contract will include funds sufficient to allow the Contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. I understand that Owner will be relying on this certification if it awards the Contract to the undersigned.

CERTIFICATIONREGARDINGDIRCONTRACTOR/ SUBCONTRACTORREGISTRATION By my signaturehereunder, as the’Contractor, I certify that Contractor,and all liste d
Subcontractors are the subject of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the. California Labor Code.

Contractor's registration number is [please complete] 1000011 17 Subcontractors’ registration. numbers are as indicated in Document 00 4314. ' BIDDER
12/13/21 12/13/21
re der Date re of Date
Kinan Kotrash.Vice President Kinan Kotrash. Secretarv
Print name and title Print name and title
(Ifthe Bidder is a corporation, two signatures ofcorporate officersare required.)

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ENDIX1

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RNI. '1
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B|DDER'S PROPOSAL
2021/22CITYWIDESLURRYSEAL
CIP No. 5725
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the 2021/22CITYWIDESLURRYSEAL,CIP No. 5725, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductiveitems shown on this proposal.

The undersigned has examined the location of the proposed work and all local and physical conditions and challenges presented by the Project site, is familiar with the plar specifications, Contract Documents (particularly as delineated above) and the requirements the Public Works Contract, and also understands that the Project shall be complete constructed in turn-key condition acceptable to the Owner within the Project tin requirements for the price of the proposal, including all fees and sales and/or use tax upon al materials so furnished, including any unit prices and additive/deductiveitems. The undersigne has also carefully checked all of the figures given and understands that the Agency will not I responsible for any errors or omissions on the part of the undersigned in submitting tr proposal.

Contractor confirms that his/her/its bid is submitted with respect to the changes to the Contract and/orContract Documents included in all addenda issued by the Owner.

In addition to reaffirming that the changes and information contained in the addenda have been integrated into their proposal, Contractor acknowledges receipt of Addenda No.(s) [Q2118 .

The undersigned has examined the current State of California schedule of prevailing wage rates for the types of work to be done on this project (and the Davis-Bacon Act if the Agency uses federal funds for the Project) and agrees to pay not less than these rates.

The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the 2022/22CITYWIDESLURRYSEAL,CIP No. 5725 and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductiveitems shown on this proposal.

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2021/22CITYWIDESLURRYSEAL BlDDER'SPROPOSAL(cont'd)
CIP No. 5725

BID SCHEDULE
BASEBID — 2021/22CITYWIDESLURRYSEAL,CIP No. 5725
EXTENDED ITEM ESTIMATED UNIT DESCRIPTION UNIT ITEM No QUANTITY PRICE AMOUNT
Mobilization (Not to Exceed 5% of 1 . L5 1 Bld) ZI.DDD.nnZI.hhn .nn 2 Traffic and Pedestrian Control L5 1
In‘-Loon In‘-I.000 .o
3 Field Orders (Stipulated item) L5 1 $5,000 $5,000
4 Slurry Seal (Type IIw/ 2% Latex) SY 155,500 LLB 256.575.,” 5 2" AC (HMA) Patch Repair SF 7,800
3~7§ 29.2504”:
6 Large Crack Dig Out Per Detail LF 6,300
‘I-00 23200 .on
Thermoplastic & Painted Pavement
7 Striping, Markings, Legends and L5 1
Raised Pavement Markers g_ 5,-,,, _ ,,,, 8 _€nn_ ,,,.

TOTAL BASEBID(numbers) ‘~IlM_525 ..g 0
*****************************-k******
BASEBIDTOTAL (in words)
‘Five Nb! zérb cen+s.

Tom Mucenski- Secretary
In the event of a variation between the unit price and extended total, the unit price will be used and the corrected extension will be considered as the amount bid. If the bid is illegible and cannot be reconciled it will be considered non-responsive and will not be considered for award.

If an additive and/or alternate bid schedule is called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid schedu|e(s) only unless otherwise specified in the Notice Inviting Bids or by Addenda if issued to supersede the Notice Inviting Bids on this specific issue.

For a Contract where a deductive bid schedule is called for, the lowest bid will be determined by the total of all bid schedules including the deductive bid schedu|e(s).

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Ichlwlmy ,u:-u
2021/22CITYWIDESLURRYSEAL B|DDER'S PROPOSAL(cont’d)
CIP No. 5725
Regardless of whether the additive/deductiveor alternates bid items will be considered in determining the low bid, the Agency may elect to include any or none of the additive/ or alternate bid items/schedules, or to otherwise add or remove certain workdeductive from the scope of Work. Accordingly, Contractor warrants that each bid item contains a proportionate share of profit, overhead and other costs and expenses, which will be incurred by the Contractor for the Project.

If equal low bids are received from responsible and responsive bidders the selection shall be made by drawing lots, or other similar random blind method selected by the Agency. Ifonly one responsive bid is received from a responsible bidder the award shall not be made unless the price can be determined to be reasonable based on an analysis by the Agency. The Agency's determination as to the reasonableness of any such bid shall be final.

The Agency reserves the right to reject any or all bids, to waive any irregu|arity(ies), and to take all bids under advisement for a period of sixty (60) calendar days after the date the bids are publicly opened. Bidder acknowledges that all costs incurred as a result of preparing the proposal shall be the sole responsibility of Bidder. The Notice Inviting Bids and Instructions to Bidders does not create or impose any obligation upon the Agency to enter into a contract.

Allbids received shall be recorded on an abstract (tabulation) of bids, and then made available for public inspection within two business days of bid opening.

The quantities listed in the bid proposal are provided to give a general indication of the scope of the work and for the comparison of bids. No warranty is made, either expressed or implied, that the actual quantities of work to be done will correspond therewith. Item numbers followed by "(S)” are designated as specialty items which will not be included towards the calculation of minimum of 50 percent of work to be performed by Contractor's own forces.

By signing and submitting this bid the Contractor confirms that they are familiar with the work site and all existing conditions that may affect their work and that they have read and agree to all the terms, conditions and requirements contained or referenced herein or in the Contract Documents and that all the aforementioned has been included in the bid prices listed above, including items of work that may not have a specific pay line item and that there shall be no additional costs to the Agency.

WARNING: If an addendum or addenda have been issued by the Agency and not noted above as being received by the bidder, this Bid may be rejected.

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Doug
10240 San Sevaine Way Jurupa Valley‘ CA91752
2021/22CITYWIDESLURRYSEAL BlDDER'SPROPOSAL (cont'd)
CIP No. 5725
Complete the following
Pavement Coatings Co. / 1000003382 / 303609
Legal name of the business, DIRReg. and Contractor License Nos.

Corporation
Business Type (Corporation, Partnership, Sole Proprietor) N/A
DBA(if any)
Ford—President
Name and title of the owner
Tom Mucenski- Secretarv
Name and title of second partner or officer
Business Address
714-826-3011
Telephone number
714-826-3129
Facsimile number
Tom Mucenski-Secretary /[email protected]
Name and Email address of primary contact
WWW.Pavementrecyc|ing.com
Company web address
12/10/21 12/10/
Signature of Bidder Date Signature of Bidder 21Date
Doug Ford—President Tom Mucenski- Secretary
Print name and title Print name and title
(Ifthe Bidder is a corporation two signatures ofcorporate officersare required.)

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2021/22CITYWIDESLURRYSEAL B|DDER'S PROPOSAL (cont’d)
CIP No. 5725

CERTIFICATEREGARDINGCONTRACTOR'SLICENSE

1. Contractor is required to possess one of the following State Contractor's License State of California Class A Contractor's License
Combination of Specialty Class C Contractor's Licenses

2. A failure to (1) possess the required license, (2) truthfully set forth the following information, and/or (3) execute this Certificate may render the proposal nonresponsive and permit the City to reject the proposal. (Business and Professions Code Section 7028.15)

3. Contractor declares, under penalty of perjury, that he/she/it possesses the required Contractor's |icense(s) which:
a. Bears the license number(s) 303509
b. Expires on 9'30-2022
12/10/21 12/10/
Signature of Bidder Date Signature 21 of Bidder Date
Doug Ford- President Tom Mucenski- Secretary
Print name and title Print name and title
(Ifthe Bidder is a corporation two signatures ofcorporate officersare required.) This required license determination has been made by the Agency. Any Contractor holding a different license who feels he is qualified to bid on this work must so advise the Agency at least seven (7) days prior to the bid opening. The Agency may conduct a review of the contemplated work to re-evaluate the required license determination. The Agency may in its sole discretion maintain or change the required license determination; Agency's decision as to the required license will be final.

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2021/22CITYWIDESLURRYSEAL B|DDER'S PROPOSAL (cont’d)
CIP No. 5725
** NOT USEDB|DDER'S BOND|NCLUDED**

BIDSECURITYFORM FORCHECK
NOTE: THEFOLLOWINGFORM SHALLBEUSEDINTHE CASEOF CHECKACCOMPANYINGBID Accompanying this proposal is a Certified Check or Cashier's Check payable to the order of the City of Hemet, hereinafter referred to as "Agency", for 10% BidBond dollars (S 10% BidBond , this
amount being 10 percent (10%) of the total amount of the bid. This check shall be returned to the undersigned only if either of the following occurs:

A. Ifsaid Bidshall be rejected by the Agency;
B. If said Bid shall be accepted by the Agency and the Undersigned shall execute and deliver a Contract in the form attached hereto (properly completed in accordance with said Bid) and shall furnish bonds required for his/her/itsfaithful performance of said Contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Contract created by acceptance of said Bid.

Otherwise, said check shall become the property of the Agency Said check shall also become the property of the Agency if the Undersigned shall withdraw his/her/itsbid within the period of sixty (60) calendar days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the Contract to another bidder.

Signature of Bidder Date Signature of Bidder Date
Print name and title Print name and title
(Ifthe Bidder is a corporation, two signatures ofcorporate officersare required.)

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2021/22CITYWIDESLURRYSEAL B|DDER'S PROPOSAL (cont’d)
CIP No. 5725

BIDSECURITYFORM FOR BOND
KNOW ALLBYTHESEPRESENTS:

That the undersigned
Pavement Coatings Co.
(Name of Contractor)
as Principal and the undersigned as Surety are held and firmly bound unto Owner, CITY O F HEMET, a political subdivision of the State of California, as obligee, in the penal sum of(Q)Lr_ Amount in word ) Ten Percent of Amount Bid
Do||ars( 10% of Amt. Bid ) lawful money of the United States of America being at least ten percent (10%) of the aggregate amount of said Principal's base Bid,for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents.

WHEREAS,said Principal is submitting a Bidfor [PROJECTNAMEAND DESCRIPTION] THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shall within the required periods enter into the Contract so awarded and provide the required Construction Performance Bond, Construction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under the Instructions to Bidders, then this obligation shall be void, otherwise to remain in full force and effect.

IN WITNESSWHEREOF, the above bounden parties have executed this instrument this 6th day of December 202_1.
(Month)
(Corporate Seal) By
pr] 1 '73» « \rEc‘N-Targ
y
BY
Attorney-in-Fact
(Corporate Seal) By

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Brian A.

S|a4e ENNSVLV
MDNTGO
Plalccluia
canmmurmvvmnsw-um-may
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PummunmMsoomm at Nmann
American
erase Pasha?a,NolaryPublic
Renee c.Uewellyn,AssvslanlSecretary
This Powerof Attorneylimitsthe acts of those namedherein,and they have no authority to bindthe Companyexcept inthe mannerand to the extent hereinstated.

Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company SURETY

POWER OF ATTORNEY
w. 1912 1919 1991 E
3 ‘ B
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1912 1919 1991
Certi?cateNo: 8205623-971991
KNOWNALLPERSONSBYTHESEPRESENTS:ThatTheOhioCasualty InsuranceCompanyis a corporationdulyorganizedunderthe lawsof the State of NewHampshire,tha LibertyMutualInsuranceCompanyis a corporationdulyorganizedunderthe lawsofthe StateofMassachusetts,andWestAmericanInsuranceCompanyis a corporationdulyorganize t underthe lawsofthe StateofIndiana(hereincollectivelycalledthe "Companies"), pursuantto and byauthorityhereinset forth,does herebyname,constituteandappoint, d McGoldrick; Brigid Lopez; Evett Lam:Richard L. Wells
all of the cityof state of CA each individuallyiftherebemorethanone named,itstrueandlawfulattorney-in-factto make execute,seal, acknowledgeand deliver,forandon itsbehalfas suretyandas itsact anddeed,any andallundertakings,bonds,recognizancesand othersurelyobligations,inpursuanc , ofthese presents and shallbe as bindingupon the Companiesas ifthey have been dulysignedby the presidentand attestedbythe secretary ofthe Companiesintheirown e prope persons. r
INWITNESSWHEREOF,this PowerofAttorneyhas been subscribedbyan authorizedof?ceror officialofthe Companiesandthe corporateseals of theCompanieshavebeenaffixe theretothis 20th dayof May , 2021 d
LibertyMutualInsuranceCompany
TheOhioCasualtyInsuranceCompany
West InsuranceCompany
DavidM.Carey,AssistantSecretary ofP ANIA SS
ty of MERY
Onthis 20th dayof May , 2021 beforeme personallyappearedDavidM.Carey,whoacknowledgedhimselfto be theAssistantSecretaryofLibertyMutualInsuranc Company,TheOhioCasualtyCompany,andWest AmericanInsuranceCompany,and that he, as such, beingauthorizedso to do, execute the foregoinginstrumentfortheepurpose thereincontainedbysigningon behalfofthecorporationsbyhimselfas a dulyauthorizedofficer. s INWITNESSWHEREOF,Ihave hereuntosubscribedmyname andaffixedmynotarialseal at KingofPrussia,Pennsylvania,ontheday andyearfirstabovewritten.

Seal Teresa Paslella, Public MontgomeryCounty
Mycommissionexpires March28, 2025 Commissionnumber 1126044 This Powerof Attorneyis made and executedpursuant to and by authorityof the followingBy-lawsand Authorizationsof The OhioCasualty InsuranceCompany, LibertyMutu InsuranceCompany,and WestAmericanInsuranceCompanywhichresolutionsare now al infullforceandeffectreadingas follows:

ARTICLEIV— OFFICERS:Section12.PowerofAttorney.

Anyofficeror otherofficialof the Corporationauthorizedforthat purpose in writingby the Chairmanor the President,and subjectto such limitationas the Chairmanor th Presidentmay prescribe,shallappointsuch attorneys-in-fact,as maybe necessary to act in behalfofthe Corporationto make, execute,seal, acknowledgeand deliveras suret e any and allundertakings,bonds,recognizancesand othersurety obligations.Suchattorneys-in-fact,subjectto the limitationsset forthintheirrespectivepowersof y attorney,shal have fullpowerto bindthe Corporationby l theirsignatureand executionof any such instrumentsand to attachtheretothe seal of the Corporation.Whenso executed,suc instrumentsshallbe as bindingas ifsigned bythe Presidentand attestedto bythe Secretary.Anypoweror authoritygranted to any representativeor attorney-in-factunderhth provisionsofthisarticlemaybe revokedat anytimebytheBoard,theChairman,the Presidentor bytheof?ceror officersgrantingsuchpowerorauthority. e ARTICLEXIII- ExecutionofContracts: Section5. SuretyBondsand Undertakings.

Anyofficerofthe Companyauthorizedforthat purposeinwritingbythechairmanorthe president,and subjectto suchlimitationsas the chairmanor the presidentmayprescrib shallappointsuch attorneys-in-fact,as maybe necessary to act e, in behalfofthe Companyto make, execute,seal, acknowledgeand deliveras surety any and allundertaking bonds,recognizancesand othersurety obligations.Suchattorneys-in-factsubject s, to the limitationsset forthintheirrespectivepowersof attorney,shallhave fullpowerto bindth Companybytheirsignatureand executionof any such instrumentsand to attachtheretothe seal ofthe Company.Whenso executedsuch instrumentsshallbe as bindingase i signedbythe presidentand attestedbythe secretary. f
Certificateof Designation— ThePresidentoftheCompany,actingpursuantto the Bylawsofthe Company,authorizesDavidM.Carey,AssistantSecretary to appointsuchattorneysfact as may be necessaryto act on behalfofthe Companyto make,execute,seal, acknowledgeand deliveras surety any and allundertakings,bonds, in- recognizancesand othersuret obligations. y
Authorization— Byunanimousconsentofthe Company'sBoardofDirectors,the Companyconsentsthatfacsimileormechanicallyreproducedsignatureof any assistantsecretaryofth Company,whereverappearingupona certifiedcopyofany powerof attorneyissuedbythe Companyinconnectionwithsuretybonds,shallbe validand bindinguponthe Companywit e the same forceand effectas thoughmanuallyaffixed. h
I,Renee C. Llewellyn,the undersigned,AssistantSecretary, The OhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,and West AmericanInsuranceCompanyd herebycertifythatthe originalpowerof attorneyofwhichthe foregoingis a full,true andcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,is infullforceandeffectano has notbeenrevoked. d
IN'l'ESTlIltl0NYWHEREOF,Ihave hereuntoset myhandand affixedthe seals ofsaidCompaniesthis 6th dayof December , 2021 Membe
r.

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I \ BRIGIDLOPEZ L
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1; COMM.#2237217 z
' NotavyPublic- Calilornua3
Ovanga cuumy — M?cmm. Ex-ai.-as Max2, 2023g Sig rure No aryp

CALIFORNIA ALL-PURPOSE ACKNOWLEDGM NT
Oran cm
iii] Corporate Officer — Tit|e(s)
[LI Partner — [3 Limited [3 General
ii] Individual Li] Individual D Attorney in Fact
[ii Trustee E] Trustee D Guardian or Conservator
Lj] Other: [3
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individualwho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validityof that document.

State of California
County of
on December 6, 2021 before me_ Brigid Lonez. ntarv Public Date Here Insert Name and Title of the Of?cer
personally appeared Fveff lam
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i his/her/their authorized Capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),n or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
of
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can of the document or fraudulent reattachment of this form to an document.

Description of Attached Document
Title or Type of Document Document Date:

Number of Pages: Signer(s) Other Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:
[3 Corporate Officer — Title(s):

E Attorney i
Conservator
Signer ls Representing: Signer ls Representing
©2014 National Association - www.Nationa|Notary.org ~ 1-800-US NOTARY(1-800-876-6827) Item#5907 [J Partner — [.3

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who proved to me on the basis 0 satisfactory evidence to be the person(é) whose name(é) is/dre subscribed to the within instrumem and acknaw edged to me that he/she/(Heyexecuted the same in hls/hér/1|-Ieir authorized capacity?és). and that by h s/hér/théi signa(ure(é) on the instrumeni the person(£). ae<:<x:we¢x.*c*<.'sx.~<2<x:4.«x.1x.<'ccx.*c<;«x.\r<.\:cKx>zmz.mwcx*c¢UvkwLxtwC4vctw%w%zw¢<x.£w:m<x<x~.mwsma.~qLxwec ' ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 i 1Corporate Officer — Tit|e(s)
'7 Panner — W Limited i iGener§” Partner — 5 ‘:Limited 1 iGenera| ‘ 3Individual L':Attorney in Fact Individual i iAttorney in Fact i iTrustee ; Guardian or Conservator Trustee ifj’ Guardian or Conservator Li Other:

A notary public or other officer completing this certificate verifies only the identity of the individualwho signed the documentto which this certificate is attached, and not the truthfulness, accuracy, or validityof that document.

State of California
before me,
Date
personally appeared
l
i r
or the entity upon behalf of which the person¢s) acted, executed the instrument.

I certify under PENALTYOF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
seal
Signature
Signature of Notary Public
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Number of Pages: Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer’s Name Signer’s Name:
3!Corporate Officer — Title(s):

Other:

Signer Is Representing Signer ls Representing
©2014 NationalNotawAssociation - www.NationalNotary.org- 1-800-US NOTARY(1-800-876-6827) Item #5907 )
County of Riverside )
on 12/10/2021 Corbin Tyler Pierce, Notary Public
Here /nsen‘ Name and Title of the Officer
Tom Mucenski
Name(i§) of S/‘gner(S)
CORE,” TYLERPIERCE WITNESS my hand and offici
NotaryPublic- California
RiversideCounty
Commission# 2342474
MyComm.ExpiresJan 19, 2025
Bid Bond Date; 12/6/2021

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Pavement Coatings C9
-
Doug
2021/22CITYWIDESLURRYSEAL BlDDER'SPROPOSAL (cont’d)
CIP No. 5725

NON-COLLUSIONAFFIDAVIT
PUBLICCONTRACTCODE SECTION 7106

NON-COLLUSIONDECLARATIONTO BEEXECUTEDBYBIDDERANDSUBMITTEDWITHBID The undersigned declares:

I am the 5eCl'et3rY of -the party making the
foregoing bid
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 12/10/21 [date], at Jurupa Vallev lcity], CA [state]
12/10/21 12/10/
Signature of Bidder Date Signature of Bidder 21Date
Ford- President Tom Mucenski—Secretary
Print name and title Print name and title
(Ifthe Bidder is a corporation, two signatures ofcorporate officersare required.)

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who proved to me on ihe basis 0 salisiaciory evidence to be the person(é) whose name(é) is/dre subscribed to the withn instrument and acknow edged to me (ha! he/she/(Heyexecuted the same in his/hér/(Heir authorized capaci‘ly(iés),and that by h s/hér/lhéi signature(é) on the instrument the personui), w1:<as:<.'s:<.'<:<.'s:<».‘s'»,s~:<,*<;<.‘s:<xxx:<xxx;mxux.mK2co¢x;co'Lw>u<x:w¢IxKz&x!x»&x*x~vv&w1x<>c<2w<mx*xx:<:s2¢§<:gLKz&K.*G<:<.ws

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
=3Partner — Limited i iGenera| Partner — i iLimited _ }General ‘ 3Individual 5 iAttorney in Fact Individual i !Attorney in Fact LiTrustee aGuardian or Conservator 2Trustee ii] Guardian or Conservator lj
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individualwho signed the document to which this certificate is attached, and not the truthfulness.accuracy. or validityof that document.

State of California
On before me,
Date
personally appeared
Name(i§) of Signergs)
i I
i r
or the entity upon behalf of which the person?s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal
Signature
Signature of Notary Public
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Number of Pages: Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signerls)
Signer’s Name S gner’s Name:
lCorporate Officer — Tit|e(s): Corporate Officer — Tit|e(s):

Signer ls Representing: Signer ls Representing:
©2014 NationalNotary Association - www.NationalNotary.org- 1-800—USNOTARY(1-800-B76-6827) Item #5907 )
County of Riverside )
12/10/2021 Corbin Tyler Pierce, Notary Public
Here Insert Name and Title of the Of?cer
Doua Ford

CORNNTYLERPIERCE
Notary Public- California
RiversideCounty
Commissionif2341474
Comm.ExpiresJan 19,2025
Non-Collusion Affidavit Date; 12/10/2021

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mmmmmmxxmammxmmmmmmmgwmxxmnmxmmmmmmmmmmaxvmxxnm4:4x:«x~.<:<xxxx~.{x~.oc.<x:. who proved to me on the basis 0 satisfactory evidence to be the person(é) whose name(é) is/dre subscribed to the withn instrurnenl and acknow edged to me that he/she/IHeyexecuted the same in his/her/tifeir authorized capacity?és). and the! by h s/her/théi signalure(£) on the instrumenl the person(£).

COIIINTYLERPIERCE
NotaryPubllc- Calllurnla
?lvorsldt County g
Cnmlmlslnu# 2141474 Ur
Mycomm,mureuun19.2025

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
5 i Corporate Officer — Tit|e(s) i 1Corporate Officer — Tit|e(s) Partner — ii Limited ieeneri? Partner — < iLimited T .‘2Genera| ’ Individual E?Attorney in Fact Individual i iAttorney in Fact 1 iTrustee i i Guardian or Conservator I j Guardian or Conservator CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individualwho signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document.

State of California
On before me,
Date Here insert Name and Title of the Officer
personally appeared Tom Mucenski
Name(é) of Signer(t§)
i I
i r
or the entity upon behalf of which the personk) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signat
Signature of Notary Public
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer's Name:

Trustee
Other:

Signer Is Representing: Signer ls Representing
©2014 NationalNotary Association - www.NationalNotary.org~ 1-800-US NOTARY(1—800—876—6827) Item #5907 County of Riverside
12/10/2021 Corbin Tyler Pierce, Notary Public

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2021/22CITYWIDESLURRYSEAL B|DDER'S PROPOSAL(cont'd)
CIP N0. 5725

CONTRACTOR'SREFERENCELIST
Attach to this bid a list of three (3) projects in the past five (5) years on which the bidder and his subcontractor(s) have successfully constructed and completed projects with the same type (elements), size and complexity of work. The Agency Engineer will make the final determination of whether the projects listed here are of the same type, size and complexity as this project.

Failure of bidder to supply sufficient documentation of similar electric, telephone, cable and sanitary sewer underground facilities experience shall be considered grounds for a non-responsive bid and, at the Agency's discretion, said bid will be disqualified. project Name; FY19/20PMP Slu Seal lm ments and Calle Tecate Striping Improvements Contract Price: 935 757 Date of Completion: 3/16/2020
Name, Address, and Telephone Number of Owner's Representative Ci of La nta - 78495 Calle Tam co La in CA92253
Leonard Sauver - 760-777-7000
Project Name; B Facil rovements Pro No. 41852018
Contract Price: 1.038 Date of Completion 9/1/2020
Name, Address, and Telephone Number of Owner's Representative City of Arcadia- 240 West Huntington Dr. Arcadia, CA91066-6021 Johnathan DooiDhibulpo|- 626-574-5484
Project Name:

Contract Price: Date of Completion: 11/4/2020
Name, Address, and Telephone Number of Owner's Representative C of Lomita- 24300 Narbonne Ave. Lom CA90717
Mondher Saied - 310-325-7110
(Attach additional pages as necessary)

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2021/22CITYWIDESLURRYSEAL B|DDER'S PROPOSAL (cont’d)
CIP No. 5725

DESIGNATION OF SUBCONTRACTORS
Name of Subcontractor
and Location of Place Description of Work Subcontractor’s DIRRegistration of Business License No. Number
?o~veMav~+ Ilcwnbco.cmo[<$co~\ 3 IOEIB74 Iowa 64323
costs./1esox,CA F97‘*°~H’"‘?‘*""
Pweve 1}»rcrla-cc 3386.3 |ooo0o7‘il-/5
$‘\'r'f?I‘n5
(Bidder to attach additional sheets if necessary)
(PUBLICCONTRACTCODE§4100 ETSEQ.)

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2021/22CITYWIDESLURRYSEAL BIDDER'SPROPOSAL (cont'd)
CIP No. 5725

BIDDERCERTIFICATIONS

TO BEEXECUTEDBYALLBIDDERSAND SUBMITTED WITHBID
The undersigned Bidder certifies to Owner as set forth in sections 1 through 8, below

STATEMENT OF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against Bidder within the past two years because of failure to comply with an order of a Federal Court or to comply with an order of the National Labor Relations Board.

CERTIFICATIONOF WORKER'SCOMPENSATIONINSURANCE
By my signature hereunder, as the Contractor, I certify that I am aware of the Labor Code Section 3700, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Please note that the submittal of this certificate does not relieve Contractor from complying with all of the insurance requirements of the Public Works Agreement and Contract Documents.

CERTIFICATIONOF PREVAILINGWAGE RATES AND RECORDS
By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Section 1773, which requires the payment of prevailing wage on public projects. Contractor and any subcontractors under the Contractor shall comply with Labor Code Section 1776 regarding wage records, and with Labor Code Section 1777.5 regarding the employment and training of apprentices. Contractor is responsible to ensure compliance by any and all subcontractors performing work under this Contract.

CERTIFICATIONOF COMPLIANCEWITH PUBLICWORKSCHAPTEROF LABORCODE By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Sections 1777.1 and 1777.7 Code, and Contractor and Subcontractors are eligible to bid and work on public works projects.

CERTIFICATIONOF NON-DISCRIMINATION
By my signature hereunder, as the Contractor, I certify that there will be no discrimination in employment with regard to race, color, religion, gender, sexual orientation, age or national origin; that all federal, state, and local directives and executive orders regarding non-discrimination in employment will be complied with; and that the principal of equal opportunity in employment will be demonstrated positively and aggressively.

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2021/22CITYWIDESLURRYSEAL BIDDER'SPROPOSAL(cont’d)
CIP No. 5725

CERTIFICATIONOF NON-DISQUALIFICATION
By my signature hereunder, as the Contractor, I swear, under penalty of perjury, that the below indicated Bidder, any officer of Bidder, or any employee of Bidder who has a proprietary interest in such Bidder, has never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or safety regulation, except as indicated on the separate sheet attached hereto entitled ”Previous Disqualifications.” If a statement of "Previous Disqua|ifications” is attached, please explain the circumstances.

CERTIFICATIONOF ADEQUACYOF CONTRACTAMOUNT
By my signature hereunder, as the Contractor, pursuant to Labor Code Section 2810(a), I certify that, if awarded the Contract based on the undersigned’s Bid, the Contract will include funds sufficient to allow the Contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. I understand that Owner will be relying on this certification if it awards the Contract to the undersigned.

CERTIFICATIONREGARDINGDIRCONTRACTOR/ SUBCONTRACTORREGISTRATION By my signature hereunder, as the Contractor, I certify that Contractor, and all listed Subcontractors are the subject of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code.

Contractor's registration number is [please complete] 1000003332 Subcontractors’ registration numbers are as indicated in Document 00 4314.

BIDDE
12/10/21 12/10/
Signature of Bidder 21 Date Signature of Bidder Date
Doug Ford- President Tom MucenskiPrint name and title Print name and title (If the Bidder is a corporation, two signatures ofcorporate officersare required.)

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BlDDER'SPROPOSAL
2021/22CITYWIDESLURRYSEAL
CIP No. 5725
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the 2021/22CITYWIDESLURRYSEAL,CIP No. 5725, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductiveitems shown on this proposal.

The undersigned has examined the location of the proposed work and all local and physical conditions and challenges presented by the Project site, is familiar with the plans, specifications, Contract Documents (particularly as delineated above) and the requirements of the Public Works Contract, and also understands that the Project shall be completely constructed in turn-key condition acceptable to the Owner within the Project time requirements for the price of the proposal, including all fees and sales and/or use tax upon any materials so furnished, including any unit prices and additive/deductiveitems. The undersigned has also carefully checked all of the figures given and understands that the Agency for any errors or omissions on the part of the undersigned in submitting this proposal.

Contractor confirms that his/her/its bid is submitted with respect to the changes to the Contract and/orContract Documents included in all addenda issued by the Owner.

In addition to reaffirming that the changes and information contained in the addenda have been integrated into their proposal, Contractor acknowledges receipt of Addenda No.(s)
The undersigned has examined the current State of California schedule of prevailing wage rates for the types of work to be done on this project (and the Davis-Bacon Act if the Agency uses federal funds for the Project) and agrees to pay not less than these rates.

The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the 2022/22CITYWIDESLURRYSEAL,CIP No. 5725 and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductiveitems shown on this proposal.

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2021/22CITYWIDESLURRYSEAL B|DDER'S PROPOSAL (cont'd)
CIP No. 5725

BIDSCHEDULE
BASE BID- 2021/22CITYWIDESLURRYSEAL,CIP No. 5725
EXTENDED I-I-NE‘?/I DESCRIPTION UNIT ITEM
AMOUNT
Mobilization (Not to Exceed 5% of 1 . L5 1 $19,200.00 $19,200.00 Bid) 2 Traffic and Pedestrian Control LS 1 $13,090.00 $13.090.00 3 Field Orders (Stipulated item) LS 1 $5,000 $5,000
4 Slurry Seal (Type IIw/ 2% Latex) SY 155,500 $2.04 $317,22o_oo 5 2" AC (HMA) Patch Repair SF 7,800 $3.85 $3o'o3o_oo
6 Large Crack Dig out Per Detail LF 6,300 $4_13 $2e_334.oo Thermoplastic & Painted Pavement
7 Striping, Markings, Legends and L5 1 $17’354_00 $17’354_00 Raised Pavement Markers
TOTAL BASEBID (numbers) $423-223-°°
*'k**********************************
BASE BIDTo-I-AL(in words) Four hundred twenty eight thousand, two hundred twenty eight dollars and zero cents Iv Contractor's Initials (J“q
In the event of a variation between the unit price and extended total, the unit price will be used and the corrected extension will be considered as the amount bid. If the bid is illegible and cannot be reconciled it will be considered non-responsive and will not be considered for award.

If an additive and/or alternate bid schedule is calledfor in the Contract Documents, the lowest bid will be determined on the basis of the base bid schedulels) only unless otherwise specified in the Notice Inviting Bids or by Addenda if issued to supersede the Notice Inviting Bids on this specific issue.

For a Contract where a deductive bid schedule is called for, the lowest bid will be determined by the total of all bid schedules including the deductive bid schedu|e(s).

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2021/22ClTYWlDESLURRYSEAL BlDDER'SPROPOSAL (cont'd)
CIP No. 5725
Regardless of whether the additive/deductiveor alternates bid items will be considered i determining the low bid, the Agency may elect to n include any or none of the additive/ or alternate bid items/schedules, or to otherwise add or remove certain workdeductive from the scope o Work. Accordingly, Contractor warrants f that each bid item contains a proportionate share of profit, overhead and other costs and expenses, which will be incurred by the Contractor for the Project.

If equal low bids are received from responsible and responsive bidders the selection shall be made by drawing lots, or other similar random blind method selected by the Agency. If only one responsive bid is received from a responsible bidder the award shall not be made unless the price can be determined to be reasonable based on an analysis by the Agency. The Agency's determination as to the reasonableness of any such bid shall be final.

The Agency reserves the right to reject any or all bids, to waive any irregularity(ies), and to take all bids under advisement for a period of sixty (60) calendar days after the date the bids are publicly opened. Bidder acknowledges that all costs incurred as a result of preparing the proposal shall be the sole responsibility of Bidder. The Notice Inviting Bids and Instructions to Bidders does not create or impose any obligation upon the Agency to enter into a contract.

All bids received shall be recorded on an abstract (tabulation) of bids, and then made available for public inspection within two business days of bid opening.

The quantities listed in the bid proposal are provided to give a general indication of the scope of the work and for the comparison of bids. No warranty is made, either expressed or implied, that the actual quantities of work to be done will correspond therewith. Item numbers followed by "(S)” are designated as specialty items which will not be included towards the calculation of minimum of 50 percent of work to be performed by Contractor's own forces.

By signing and submitting this bid the Contractor confirms that they are familiar with the work site and all existing conditions that may affect their work and that they have read and agree to all the terms, conditions and requirements contained or referenced herein or in the Contract Documents and that all the aforementioned has been included in the bid prices listed above, including items of work that may not have a specific pay line item and that there shall be no additional costs to the Agency.

WARNING: If an addendum or addenda have been issued by the Agency and not noted above as being received by the bidder, this Bid may be rejected.

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Signature
2021/22CITYWIDESLURRYSEAL B|DDER'S PROPOSAL (cont'd)
CIP No. 5725
Complete the following:

Rov Allan Slurrv Seal. Inc. 1000001156 372798
Legal name of the business, DIRReg. and Contractor License Nos Corporation
Business Type (Corporation, Partnership, Sole Proprietor) DBA(if any)
Allan Trust
Name and title of the owner
Lawrence Allan — President, Vice President, & Secretary Name and title of second partner or officer
11922 Bloomfield Ave., Santa Fe Springs, Ca. 90670
Business Address
562-864-3363
Telephone number
562-864-6612
Facsimile number
Lawrence Allan |awrence@ras|urry.com
Name and Email address of primary contact
ras|urry.com
Company web address
Signature of Bidder of Bidder Date
Lawrence Allan - President Lawrence Allan - Secretary
Print name and title Print name and title
(Ifthe Bidder is a corporation two signatures ofcorporate officersare required.)

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Lawrence Allan - Secre
2021/22CITYWIDESLURRYSEAL B|DDER'S PROPOSAL (cont'd)
CIP No. 5725

CERTIFICATEREGARDINGCONTRACTOR'SLICENSE

1. Contractor is required to possess one of the following State Contractor's License:

State of California Class A Contractor's License
Combination of Specialty Class C Contractor's Licenses

2. A failure to (1) possess the required license, (2) truthfully set forth the following information, and/or (3) execute this Certificate may render the proposal nonresponsive and permit the City to reject the proposal. (Business and Professions Code Section 7028.15)

3. Contractor declares, under penalty of perjury, that he/she/it possesses the required Contractor's |icense(s) which:
a. Bears the license number(s) 372798
b. Expires on 4/30/23
Signature of Bidder Date Signature of Bidder Date
Lawrence Allan - President tary
Print name and title Print name and title
(Ifthe Bidder is a corporation two signatures ofcorporate officersare required.) This required license determination has been made by the Agency. Any Contractor holding a different license who feels he is qualified to bid on this work must so advise the Agency at least seven (7) days prior to the bid opening. The Agency may conduct a review of the contemplated work to re—evaluate the required license determination.The Agency may in its sole discretion maintain or change the required license determination; Agency's decision as to the required license will be final.

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2021/22CITYWIDESLURRYSEAL BIDDER'SPROPOSAL (cont'd)
CIP No. 5725

BID SECURITYFORM FOR CHECK
NOTE: THEFOLLOWINGFORM SHALLBE USED IN THECASEOF CHECKACCOMPANYINGBID Accompanying this proposal is a Certified Check or Cashier's Check payable to the order of the City of Hemet, hereinafter referred to as "Agency", for dollars (S this
amount being 10 percent (10%) of the total amount of the bid. This check shall be returned to the undersigned only if either of the following occurs:

Placing Slurry
A. ifsaid Bidshall be rejected by the Agency;
B If said Bid shall be accepted by the Agency and the Undersigned shall execute and deliver a Contract in the form attached hereto (properly completed in accordance with said Bid) and shall furnish bonds required for his/her/itsfaithful performance of said Contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Contract created by acceptance of said Bid.

Otherwise, said check shall become the property of the Agency Said check shall also become the property of the Agency if the Undersigned shall withdraw his/her/itsbid within the period of sixty (60) calendar days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the Contract to another bidder.

Signature of Bidder Date Signature of Bidder Date
Print name and title Print name and title
(If the Bidder is a corporation, two signatures ofcorporate officersare required.)

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2021/22CITYWIDESLURRYSEAL BIDDER'S PROPOSAL (cont'd)
CIPNo. 5725

BIDSECURITYFORM FOR BOND
KNOW ALLBYTHESE PRESENTS:

That the undersigned
Roy Allan Slurry Seal, Inc.
(Name of Contractor)
as Principal and the undersigned as Surety are held and firmly bound unto Owner, CITYOF HEMET, a political subdivision of the State of California, as obligee, in the penal sum of (Dollar Amount In words) Ten percent of the total amount of the bid Dollars 10% ,) lawful money of the United States of America being at least ten percent (10%) of the aggregate amount of said Principal's base Bid,for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents.

WHEREAS,said Principal is submitting a Bidfor [PROJECTNAMEANDDESCRIPTION] 2021/22 Citywide Slurry Seal
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shall within the required periods enter into the Contract so awarded and provide the required Construction Performance Bond, Construction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under the Instructions to Bidders, then this obligation shall be void, otherwise to remain in full force and effect.

IN WITNESSWHEREOF, the above bounden parties have executed this instrument this 6th day of December 20 21_
(Month)
Roy Allan Slurry Seal, Inc.
(Corporate Seal) ‘-2
Principal
Bv
Surety Bonding and Insurance Company
(Corporate Seal) By
Ryan Attorney-in—Fact

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Com onNo. 2293759
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GAL FORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVILCODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individualwho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validityof that document.

State of California )
Orange )
on 0 before me,
Adelaide C. Hunter, Notary Public
Date Here Insert Name and Title of the Of?cer
Ryan Butterfas
Name(s) of Signer(s)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

ADELAIDE c.HUNTER WITNESS my hand and official seal.

Signature
Signature of Notary Public
"The notary commission extended pursuant to Executive Order N-63-20." Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:

Corporate Officer — Tit|e(s): Corporate Officer — Tit|e(s) Partner — Limited General Partner — Limited General
Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:

Signer ls Representing Signer ls Representing
©2014 NationalNotary Association - wvv\N.Nationa|Notary.org- 1-800-US NOTARY(1-800-876-6827) Item#5907

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ER T E
Mullhcw,, ,, , ,, Rvnn ., .,,_ ,
La;-_unaNiuuel lifornia
$15,lJ00,|J(|0.00 )
November
On Ihia _l§.L\_l day of _.‘Lmmher_. _2sz21_. h::for_cInc, a Notary I. ma undcrsigmxl a?iccr of Ru Insurance (‘nun-mny uml/ur Pubkc.personallyappeared who bumsby m duly Cunlmclurx Bnnding and lnsurmwu (‘,m||puI|y. do hereby cmiry sworn, nuknuwlulgedmm1 gncd lln: nlmvc Puwcr uf/\llu|'I1cy as e uman» annclucdPower of/\||omz:y is in runforce nml s cc! and is afoww-Ai<| v?iccr of the RM lnsurm-cc Co-nvmv and/or (Tn-Ilrncmrs irrevocable. and furl|u:m\0rc. um umResolution ofxhc Company as Bonding surnntl: mp» nckn set forth in (he Power of Auorncy, is nnw In rmc. In testimony lhcvolun and deed snid nun. whcrcof, 1 nm hcrcunlo mu my hand and lhc seal or the nu [Insurance cmn any nnd/or (tnnmmm Bondin nlul lnsurunce (?ompnnyIl1i.~: th day of December . 1 .

CAIHERINED.auwza "wk
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POW OF AT ORN Y
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria, IL 6l6l 5
Phone: 800-645-2402
Know All Men by These Presents:

That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approvingofficer if desired.

That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Co1npany")do hereby make, constitute and appoint:

Linda D, Coats. J. Coats, Summer Reves_ Riitterfas iointlv or severallv in the City of , State of Ca its true and lawful Agent(s) and Attomey(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twontv Five Million Dollars ( for any single obligation.

The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company.

RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certi?ed that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the coiporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice Presideiit with its corporate seal affixed this 18th day of , 2021
By:

Barton W. Davis Vice President
State of Illinois
. ss
C°”“W °fP"°’“* CERTIFICATE
and In Co ny and owledged said instrument to be
tary act of corpora
By:

Catherine D. Glover Notary Public
RLI Insurance Company
Contractors Bonding and Insurance Company
620/. ’
k1_.¥ RLI Insurance Company
Contractors Bonding and Insurance Company

OFFICIAL
Publlc
SEAL D
RN!)
f,O{"P0a47'

5. . SEAL A
'1 LENO
By:

Jeffrey Corporate Secretary
(I4 754(I4(J2(I2

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2021/22CITYWIDESLURRYSEAL
CIP N0. 5725
BlDDER'SPROPOSAL(cont'd)

NON-COLLUSIONAFFIDAVIT
PUBLICCONTRACTCODE SECTION 7106

NON-COLLUSIONDECLARATIONTO BEEXECUTEDBYBIDDERANDSUBMITTEDWITHBID The undersigned declares:

Roy Allan Slurry President of Seal, |nc_ I am the
foregoing bid
the party making the
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 12/14/21 ldate], at [city]. [state]
Signature of Bidder Date ature of Bidder Date
Lawrence Allan — Secretary
Print name and title
Lawrence Allan - President
Print name and title
(Ifthe Bidder is a corporation, two signatures of corporate o?icersare required.)

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Dat
2021/22CITYWIDESLURRYSEAL
CIP No. 5725
BIDDER'SPROPOSAL (cont’d)

CONTRACTOR'SREFERENCELIST
Attach to this bid a list of three (3) projects in the past five (5) years on which the bidder and his subcontractor(s) have successfully constructed and completed projects with the same type The Agency Engineer will make the final
determination of whether the projects listed here are of the same type, size and complexity as (elements), size and complexity of work.
this project.

Failure of bidder to supply sufficient documentation of similar electric, telephone, cable and sanitary sewer underground facilities experience shall be considered grounds for a non-responsive bid and, at the Agency's discretion, said bid will be disqualified.

Placino Slurrv Seal
$545,747.00
Project Name:

Contract Price Date of Completion
Name, Address, and Telephone Number of Owner's Representative:

Frank Preciado 16600 Civic Center Dr., Bellflower, Ca. 90706 562-804-1424
Project Narne
Contract Price: $409,148.00 Date of Completion
Name, Address, and Telephone Number of Owner's Representative:

Cesar Romero 8130 Allison Dr., La Mesa, Ca. 91942
619-667-1143
project Name; Slurry Seal Project 2021
Contract Price: $799,190.00 e of Completion
Name, Address, and Telephone Number of Owner's Representative:

BillJanda 300 N. Coast Hwy., Oceanside, Ca. 92054
760-650-6477
(Attach additional pages as necessary)
7/11/21
7/30/21
Current

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2021/22CITYWIDESLURRYSEAL B|DDER'S PROPOSAL (cont'd)
CIP No. 5725

DESIGNATIONOF SUBCONTRACTORS
Name of Subcontractor
and Location of Place Description of Work Subcontractor's DIRRegistration of Business License No. Number
C3"StriPe Striping and
' 685387
2040 East Steel Road, Markmg 1000001100
Colton CA 92324
P t R h b C3/?gg??’ e a AC Patch Work & Large 1000054323 1181 Princess Ct. Cracks 1051374
Costa Mesa, Ca.
92626
(Bidder to attach additional sheets if necessary)
(PUBLICCONTRACTCODE §4100 ETSEQ.)

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2021/22CITYWIDESLURRYSEAL B|DDER'S PROPOSAL (cont'd)
CIP No. 5725

BIDDERCERTIFICATIONS

TO BEEXECUTEDBYALLBIDDERSAND SUBMITTED WITHBID
The undersigned Bidder certifies to Owner as set forth in sections 1 through 8, below

STATEMENT OF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against Bidder within the past two years because of failure to comply with an order of a Federal Court or to comply with an order of the National Labor Relations Board.

CERTIFICATIONOF WORKER'SCOMPENSATION INSURANCE
By my signature hereunder, as the Contractor, I certify that I am aware of the Labor Code Section 3700, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Please note that the submittal of this certificate does not relieve Contractor from complying with all of the insurance requirements of the Public Works Agreement and Contract Documents. '

CERTIFICATIONOF PREVAILING WAGE RATES AND RECORDS
By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Section 1773, which requires the payment of prevailing wage on public projects. Contractor and any subcontractors under the Contractor shall comply with Labor Code Section 1776 regarding wage records, and with Labor Code Section 1777.5 regarding the employment and training of apprentices. Contractor is responsible to ensure compliance by any and all subcontractors performing work under this Contract.

CERTIFICATIONOF COMPLIANCEWITH PUBLICWORKSCHAPTEROF LABORCODE By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Sections 1777.1 and 1777.7 Code, and Contractor and Subcontractors are eligible to bid and work on public works projects.

CERTIFICATIONOF NON-DISCRIMINATION
By my signature hereunder, as the Contractor, I certify that there will be no discrimination in employment with regard to race, color, religion, gender, sexual orientation, age or national origin; that all federal, state, and local directives and executive orders regarding non-discrimination in employment will be complied with; and that the principal of equal opportunity in employment will be demonstrated positively and aggressively.

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2021/22CITYWIDESLURRYSEAL BlDDER'SPROPOSAL (cont'd)
CIP No. 5725

CERTIFICATIONOF NON-DISQUALIFICATION
By my signature hereunder, as the Contractor, I swear, under penalty of perjury, that the below indicated Bidder, any officer of Bidder, or any employee of Bidder who has a proprietary interest in such Bidder, has never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or safety regulation, except as indicated on the separate sheet attached hereto entitled ”Previous Disqua|ifications." If a statement of "Previous Disqua|ifications" i s attached, please explain the circumstances.

CERTIFICATIONOF ADEQUACYOF CONTRACTAMOUNT
By my signature hereunder, as the Contractor, pursuant to Labor Code Section 2810(a), certify that, if awarded the Contract based on the undersigned’s Bid, the Contract will include funds sufficient to allow the Contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. I understand that Owner will be relying on this certification if it awards the Contract to the undersigned.

CERTIFICATIONREGARDINGDIRCONTRACTOR / SUBCONTRACTORREGISTRATION By my signature hereunder, as the Contractor, I certify that Contractor, and all listed Subcontractors are the subject of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code.

Contractor's registration number is [please complete] 1000001155 Subcontractors’ registration numbers are as indicated in Document 00 4314.

BIDDER:

Signature of Bidder Date Signature of Bidder
Lawrence Allan - President Lawrence Allan - Secretary
Print name and title Print name and title
(If the Bidder is a corporation, two signatures ofcorporate officersare required.)

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APPENDIX1

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resgonslble

BIDDER'SPROPOSAL
2021/22CITYWIDESLURRYSEAL
CIP No. 5725
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the 2021/22CITYWIDESLURRYSEAL,ClP No. 5725, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductiveitems shown on this proposal.

The undersigned has examined the location of the proposed work and all local and physical conditions and challenges presented by the Project site, is familiar with the plans, specifications, Contract Documents (particularly as delineated above) and the requirements of the Public Works Contract, and also understands that the Project shall be completely constructed in turn—key condition acceptable to the Owner within the Project time requirements for the price of the proposal, including all fees and sales and/or use tax upon any materials so furnished, including any unit prices and additive/deductiveitems. The undersigned has also carefully checked all of the figures given and understands that the Agency for any errors or omissions on the part of the undersigned in submitting this proposal.

Contractor confirms that his/her/itsbid is submitted with respect to the changes to the Contract and/orContract Documents included in all addenda issued by the Owner.

In addition to reaffirming that the changes and information contained in the addenda have been integrated into their proposal, Contractor acknowledges receipt of Addenda No.(s
The undersigned has examined the current State of California schedule of prevailing wage rates for the types of work to be done on this project (and the Davis-Bacon Act if the Agency uses federal funds for the Project) and agrees to pay not less than these rates.

The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the 2022/22CITYWIDESLURRYSEAL,CIP No. 5725 and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to the Notice Inviting Bids, Instructions to Bidders, every Addendum, plans, specifications, General Conditions, Special Provisions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductiveitems shown on this proposal.

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2021/22CITYWIDESLURRYSEAL BIDDER'SPROPOSAL (cont'd)
CIP No. 5725

BIDSCHEDULE
BASEBID- 2021/22CITYWIDESLURRYSEAL,CIP N0. 5725

EXTENDED ITEM
No DESCRIPTION UNIT ITEM
AMOUNT
1 lg/il:l>)t>||IzatIon (Not to Exceed 5% ofL5 1 m500_000 $18,500.00 2 Traffic and Pedestrian Control L5 1
$57"’”°°° $57,574-00
3 Field Orders (Stipulated item) L5 1 $5,000 $5,000
4 Slurry Seal (Type IIw/ 2% Latex) SY 155,500 $2] 60 5335,3so_oo 5 2.. ,AC (HMA) Patch Repair SF 7,800 $4.830 $37,674_oo 6 Large Crack Dig Out Per Detail LF 6,300 $9240 $5821 100 Thermoplastic & Painted Pavement
7 Striping, Markings, Legends and LS 1
Raised Pavement Markers
$'“*°-°°° $12,130.00
TOTAL BASEBID(numbers) $525,120.00

END OF BASE BID ITEMS
BASEBIDTOTAL(in words) thousand one hundred Twenty dollars dnd zero cents Contractor's Initials
In the event of a variation between the unit price and extended total, the unit price willbe used and the corrected extension will be considered as the amount bid. If the bid is illegible and cannot be reconciled it will be considered non-responsive and will not be considered for award.

If an additive and/oralternate bid schedule is called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid schedule(s) only unless otherwise specified in the Notice Inviting Bids or by Addenda if issued to supersede the Notice Inviting Bidson this specific issue.

For a Contract where a deductive bid schedule is called for, the lowest bid will be determined by the total of all bid schedules including the deductive bid schedule(s).

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MN]. 0
H'hF1l:u'Vmm
2021/22CITYWIDESLURRYSEAL B|DDER'S PROPOSAL (cont’d)
CIP No. 5725
Regardless of whether the additive/deductiveor alternates bid items will be considered in determining the low bid, the Agency may elect to include any or none of the additive/ or alternate bid items/schedules, or to otherwise add or remove certain workdeductive from the scope of Work. Accordingly, Contractor warrants that each bid item contains a proportionate share of profit, overhead and other costs and expenses, which will be incurred by the Contractor for the Project.

If equal low bids are received from responsible and responsive bidders the selection shall be made by drawing lots, or other similar random blind method selected by the Agency. If only one responsive bid is received from a responsible bidder the award shall not be made unless the price can be determined to be reasonable based on an analysis by the Agency. The Agency's determination as to the reasonableness of any such bid shall be final.

The Agency reserves the right to reject any or all bids, to waive any irregu|arity(ies), and to take all bids under advisement for a period of sixty (60) calendar days after the date the bids are publicly opened. Bidder acknowledges that all costs incurred as a result of preparing the proposal shall be the sole responsibility of Bidder. The Notice Inviting Bids and Instructions to Bidders does not create or impose any obligation upon the Agency to enter into a contract.

Allbids received shall be recorded on an abstract (tabulation) of bids, and then made available for public inspection within two business days of bid opening.

The quantities listed in the bid proposal are provided to give a general indication of the scope of the work and for the comparison of bids. No warranty is made, either expressed or implied, that the actual quantities of work to be done will correspond therewith. Item numbers followed by ”(S)” are designated as specialty items which will not be included towards the calculation of minimum of 50 percent of work to be performed by Contractor's own forces.

By signing and submitting this bid the Contractor confirms that they are familiar with the work site and all existing conditions that may affect their work and that they have read and agree to all the terms, conditions and requirements contained or referenced herein or in the Contract Documents and that all the aforementioned has been included in the bid prices listed above, including items of work that may not have a specific pay line item and that there shall be no additional costs to the Agency.

WARNING: If an addendum or addenda have been issued by the Agency and not noted above as being received by the bidder, this Bid may be rejected. ‘

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8' er
Jordo eed,
equ/‘led
2021/22CITYWIDESLURRYSEAL B|DDER'S PROPOSAL (cont’d)
CIP No. 5725
Complete the following:

VSS International, Inc. — DIR# l0O0O0l23l — Lic # 293727 Legal name of the business, DIRReg. and Contractor License Nos.

Corporation
Business Type (Corporation, Partnership, Sole Proprietor) Not Applicable
DBA (if any)
Jeffrey Reed, President
Name and title of the owner
Jeff Roberts, Senior Vice President
Name and title of second partner or officer
3785 Channel Drive, West Sacramento, CA 95691
Business Address
916-373-1500
Telephone number
91 6—373—Ol 83
Facsimile number
Jeff Roberts, Senior Vice President — [email protected] Name and Email address of primary contact
www.sIurry.com
Company web address
ll/I8/202i ll/I8/2021
Signature of Bidder Date Signature of Date
Jeff Roberts, Senior Vice President Secretary/ Treasurer Print name and title Print ha and title
(If the Bidder is a corporation two signatures ofcorporate officersare .)

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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certi?cate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of YO|O )
on November 18, 2021 Mario Prordo, Notary Public
(insert name and title of the officer)
personally appeared Jeff Roberts & Jordon Reed
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the n person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. before me,
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS - - MARIAPRADO my hand and official seal ,..,.,,,,,Ub.i‘.c,.i,.,,m Yolo County
Commission # 2337236 Comm. Expires Nov 13, 2024
Signatu (Seal)

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/L_/
El’
Secretary
e
2021/22CITYWIDESLURRYSEAL BlDDER'SPROPOSAL (cont’d)
CIP N0. 5725

CERTIFICATE REGARDING CONTRACTOR'SLICENSE

1. Contractor is required to possess one of the following State Contractor's License State of California Class A Contractor's License
Combination of Specialty Class C Contractor's Licenses

2. A failure to (1) possess the required license, (2) truthfully set forth the following information, and/or (3) execute this Certificate may render the proposal nonresponsive and permit the City to reject the proposal. (Business and Professions Code Section 7028.15)

3. Contractor declares, under penalty of perjury, that he/she/it possesses the required Contractor's |icense(s) which:
a. Bears the license number(s) 293727
b. Expires on: 03/3” /2023
ll/l8/2021 ll/l8/2021
Date Signature of Bi Date
Jordo eed, /Treosurer
Print name and title Print na and title
(If the Bidder is a corporation two signatures ofcorporate officers required.) This required license determination has been mad by the Agency. Any Contractor holding a different license who feels he is qualified to bid on this work must so advise the Agency at least seven (7) days prior to the bid opening. The Agency may conduct a review of the contemplated work to re—evaluatethe required license determination. The Agency may in its sole discretion maintain or change the required license determination; Agency's decision as to the required license will be final.

Signature fBidder
Jeff Roberts, Senior Vice President
\

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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certi?cate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of YOIO
on November 18, 2021 Mario Prodo, Notary Public
(insert name and title of the officer)
personally appeared Jeff Roberts & Jordon Reed
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. before me,
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Si re (Seal)

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2021/22CITYWIDESLURRYSEAL B|DDER'S PROPOSAL (cont’d)
CIP No. 5725
N/A VSS International, Inc. will be submitting a Bid Bond

BIDSECURITYFORM FOR CHECK
NOTE:THEFOLLOWINGFORM SHALLBE USED INTHE CASEOF CHECKACCOMPANYINGBID Accompanying this proposal is a Certified Check or Cashier's Check payable to the order of the City of Hemet, hereinafter referred to as "Agency", for dollars (S ), this
amount being 10 percent (10%) of the total amount of the bid. This check shall be returned to the undersigned only if either of the following occurs:

A. Ifsaid Bidshall be rejected by the Agency;
B. If said Bid shall be accepted by the Agency and the Undersigned shall execute and deliver a Contract in the form attached hereto (properly completed in accordance with said Bid) and shall furnish bonds required for his/her/itsfaithful performance of said Contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Contract created by acceptance of said Bid.

Otherwise, said check shall become the property of the Agency Said check shall also become the property of the Agency if the Undersigned shall withdraw his/her/itsbid within the period of sixty (60) calendar days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the Contract to another bidder.

Signature of Bidder Signature of Bidder
Print name and title Print name and title
(Ifthe Bidder is a corporation, two signatures of corporate officersare required.) Date

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2021/22CITYWIDESLURRYSEAL B|DDER'S PROPOSAL(cont’d)
CIP No. 5725

BIDSECURITYFORM FOR BOND

KNOWALLBYTHESE PRESENTS
That the undersigned
VSS International, Inc.
(Name of Contractor)
as Principal and the undersigned as Surety are held and firmly bound unto Owner, CITYOF HEMET, a political subdivision of the State of California, as obligee, in the penal sum of (Dollar Amount In words) Ten Percent of Amount Bid
Dollars ( 10% lawful money of the United States of America being at least ten percent (10%) of the aggregate amount of said Principal's base Bid, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents. 2021/22 Citywide Slurry Seal - CIP 5725
WHEREAS,said Principal is submitting a Bid for [PROJECTNAME AND DESCRIPTION] THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shall within the required periods enter into the Contract so awarded and provide the required Construction Performance Bond, Construction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under the Instructions to Bidders, then this obligation shall be void, otherwise to remain in full force and effect.

IN WITNESSWHEREOF, the above bounden parties have executed this instrument this 29th day of November , 20§_
(Month)
VSS International, Inc.
(Corporate Seal) By
Principal Jeff Roberts, SI’.Vloe
By Western Surety Com
Surety
(Corporate Seal)
Benjamin Wolfe, A a

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ANIBALSAMUELCAMFOS
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SANMATEOCOUNTY
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CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT CIVILCODE § 1189
A notary publicor other of?cer completingthis certi?cateveri?esonlythe identityof the individualwho signedthe documentto whichthiscerti?cateisattached.andnotthe tmthfulness,accuracy, orvalidityofthatdocument.

State of California
County of Contra Costa
on 2 9 before me‘ Anibal Samuel Campos, Notary Public
Date Here Insert Name and 77tIeof the Of?cer
personally appeared BenlammWolfe
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity?es), and that by his/her/theirsignature(s) on the instrumentthe person(s). or the entity _uponbehalf of which the person(s) acted, executed the instrument.

I certify under PENALTYOF PERJURY under the laws
of the State of Californiathat the foregoing paragraph
is true and correct. . WITNESSmy hand and officialseal.

TUP1 ldnl
Signature
of Notary Public
Place Notary Seal Above
. OPTIONAL
Though this section is optional, completing this informationcan deter alteration of the documentor fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:

ElCorporate Of?cer — Tit|e(s): ElCorporate Officer — Tit|e(s): ‘ El Partner — El Limited El General El Partner — ElLimited [I General El Individual Attorney in Fact ElIndividual ElAttorney in Fact ElTrustee ElGuardianor Conservator ElTrustee D Guardian or Conservator C] Other: El Other:

Signer ls Representing: Signer ls Representing:
©2014 NationalNotaryAssociation~ wvvw.NationalNotary.org- 1-800-USNOTARY(1-800-876-6827)

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Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein af?xed hereby make, constitute and appoint
of San Ramon, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized of?cer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and con?rmed This Power of Attorney is made andexecuted pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation.

In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto af?xed on this 21st day of June, 2021.

T. Bru?at, Vice President
State of South Dakota
SS County of Minnehaha
On this 21st day of June, 2021, before me personally came Paul T. Bru?at, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so af?xed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.

My commission expires
March 2, 2026
M Bent, Notary Public

CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribe d
my name and affixed the seal of the said corporation this 29th day of November, 2021.

L. Nelson, Assistant Secretary
rS Co pa
POWER OF ATTORNEY APPOINTIN G INDIVIDUAL ATTORNEY—IN-FACT Steven N Passerine, Kathleen E Earle, Benjamin Wolfe, Anibal Samuel Campos, Chelsea Arnold, Individually

WESTERN SURETY COMPANY
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WESTERN SURETY COMPANY
Fonn F4280-7-2012 Go to > Owner obliges services > Validate Bond Coverage, if you want to verify bond authenticity.

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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certi?cate is
attached, and not the truthfulness, accuracy, or
validitvof that document.

State of California
County of YOIO )
on November 29, 2021 Mario Prado, Notary Public
(insert name and title of the officer)
personally appeared Jeff Robem
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the n person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. before me,
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal
S re (Seal)

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Re
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2021/22CITYWIDESLURRYSEAL B|DDER'S PROPOSAL (cont'd)
CIP No. 5725

NON-COLLUSION AFFIDAVIT
PUBLICCONTRACTCODE SECTION7106
NON—COLLUS|ON DECLARATIONTO BEEXECUTEDBYBIDDERANDSUBMITTEDWITHBID The undersigned declares:
| am the Sr. Vice President & Secretoiryof VSS International, Inc the party making the foregoing bid
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ll/I8/202l [date], at West Socromento city], California [state]
ll/l8/2021 ll/l8/2021
Signature of Bidder Date Signature of Bid Date
Jeff Roberts, Senior Vice President Jordon Secretoiry/ Treosurer Print name and title Print name d title
(Ifthe Bidder is a corporation, two signatures ofcorporate officersare

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ACKNOWLEDGMENT
A notary public or other officer completing this
certi?cate verifies only the identity of the individual who signed the document to which this certi?cate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of YOIO )
on November 18, 2021 Mario Prado, Notary Public
(insert name and title of the officer)
personally appeared Jeff Roberts & Jordon Reed
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the n person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. before me,
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal MARIAPRADO
Notary Public - California
Yolo County
Commission I: 2337236 Comm. Nov 13, 2024 Sign re (Seal)

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2021/22CITYWIDESLURRYSEAL B|DDER'S PROPOSAL(cont’d)
CIP No. 5725
CONTRACTOR’SREFERENCELIST
Attach to this bid a list of three (3) projects in the past five (5) years on which the bidder and his subcontractor(s) have successfully constructed and completed projects with the same type (elements), size and complexity of work. The Agency Engineer will make the final determination of whether the projects listed here are of the same type, size and complexity as this project.

Failure of bidder to supply sufficient documentation of similar electric, telephone, cable and sanitary sewer underground facilities experience shall be considered grounds for a non-responsive bid and, at the Agency's discretion, said bid will be disqualified.

Project Name; See AllCIChed: CONTRACTOR EXPERIENCEAND QUALIFICATIONS Contract Price: Date of Completion
Name, Address, and Telephone Number of Owner's Representative:
project Name see Attached: CONTRACTOR EXPERIENCEAND QUALIFICATIONS Contract Price ate of Completion
Name, Address, and Telephone Number of Owner's Representative:

Project Name:

Contract Price: Date of Completion
Name, Address, and Telephone Number of Owner's Representative (Attach additional pages as necessary)

QUALIFICATIO

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2021/22CITYWIDESLUR
CIP No. 5725
Name of Subcontractor
and Location of Place
of Business
Hardy & Harper. Inc.
32 Rancho Circle
Lake Forest
CA92630
Interstate Striping &
Signs, Inc.
9784 Poplar Ave
Fontana, CA 92335

MD RUBBERIZED

CRACKFILL,LLC
32 RANCHO CIRCLE
LAKEFOREST CA. 92630
RYSEAL B|DDER'S PROPOSAL (cont'd)

DESIGNATIONOF SUBCONTRACTORS
Description of Work
Paving
Striping
Crack Seal
Subcontractor's DIRRegistration
License No. Number
|ic#215952 D|R#1000000076
83861 8 1000007945
986686 1000006438
(Bidder to attach additionai sheets if necessary)
(PUBLICCONTRACTCODE §4100 ETSEQ.)

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2021/22CITYWIDESLURRYSEAL B|DDER'S PROPOSAL (cont’d)
CIP No. 5725

BIDDERCERTIFICATIONS

TO BEEXECUTEDBYALLBIDDERSANDSUBMITTEDWITH BID
The undersigned Bidder certifies to Owner as set forth in sections 1 through 8, below

STATEMENT OF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against Bidder within the past two years because of failure to comply with an order of a Federal Court or to comply with an order of the National Labor Relations Board.

CERTIFICATIONOF WORKER'SCOMPENSATION INSURANCE
By my signature hereunder, as the Contractor, I certify that I am aware of the Labor Code Section 3700, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Please note that the submittal of this certificate does not relieve Contractor from complying with all of the insurance requirements of the Public Works Agreement and Contract Documents.

CERTIFICATIONOF PREVAILINGWAGE RATES AND RECORDS
By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Section 1773, which requires the payment of prevailing wage on public projects. Contractor and any subcontractors under the Contractor shall comply with Labor Code Section 1776 regarding wage records, and with Labor Code Section 1777.5 regarding the employment and training of apprentices. Contractor is responsible to ensure compliance by any and all subcontractors performing work under this Contract.

CERTIFICATIONOF COMPLIANCEWITH PUBLICWORKS CHAPTER OF LABORCODE By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Sections 1777.1 and 1777.7 Code, and Contractor and Subcontractors are eligible to bid and work on public works projects.

CERTIFICATIONOF NON-DISCRIMINATION
By my signature hereunder, as the Contractor, I certify that there will be no discrimination in employment with regard to race, color, religion, gender, sexual orientation, age or national origin; that all federal, state, and local directives and executive orders regarding non—discrimination in employment will be complied with; and that the principal of equal opportunity in employment will be demonstrated positively and aggressively.

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/18/2021
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2021/22CITYWIDESLURRYSEAL B|DDER'S PROPOSAL (cont’d)
CIP No. 5725

CERTIFICATIONOF NON-DISQUALIFICATION
By my signature hereunder, as the Contractor, I swear, under penalty of perjury, that the below indicated Bidder, any officer of Bidder, or any employee of Bidder who has a proprietary interest in such Bidder, has never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or safety regulation, except as indicated on the separate sheet attached hereto entitled ”Previous Disqualifications.” If a statement of "Previous DisquaIifications” is attached, please explain the circumstances.

CERTIFICATIONOF ADEQUACYOF CONTRACT AMOUNT
By my signature hereunder, as the Contractor, pursuant to Labor Code Section 2810(a), certify that, if awarded the Contract based on the undersigned’s Bid, the Contract will include funds sufficient to allow the Contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. I understand that Owner will be relying on this certification if it awards the Contract to the undersigned.

CERTIFICATION REGARDING DIRCONTRACTOR / SUBCONTRACTORREGISTRATION By my signature hereunder, as the Contractor, I certify that Contractor, and all listed Subcontractors are the subject of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code.

Contractor's registration number is Com leled - l00000l23l Subcontractors’ registration numbers are as indicated in ent O0 4314.

BIDDER:

I I/I 8/2021 I I
Signature of Bid Date Signature of Bidd Date
Jeff Roberts, Senior Vice President Jordon Re SecreIciry/ Treosurer Print name and title Print na nd title
(Ifthe Bidder is a corporation, two signatures ofcorporate officers

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.. MARIAFRADO !KWEMaury mm - c.m......
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certi?cate is
attached, and not the truthfulness, accuracy, or
validitvof that document.

State of California
County of YOIO )
on November l8, 2021 Mario Prado, Notary Public
(insert name and title of the officer)
personanyappeared Jeff Roberts & Jordon Reed
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the n person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. before me,
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal
S re (Seal)

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WWW.Surry.cam
ntern ional
Callfor 55
Ch nn
cramenlo,
V55 |l'I'I'ERl1FITlDl'IF| ITII:
01/17/2020
To Whom ItMay Concern:

I,Jordan Reed, duly-elected Secretary ofVSS International,Inc., state that the following resolution is a true and exact copy of that resolution adopted by the Board of Directors of VSS international, |nc., May 23, 2017.
“NOW, THEREFORE, be itresolved that Jeff Roberts as duly elected Senior Vice President, be authorized to sign any and all bids and/or contracts, and/or legal documents for VSS International, Inc., a CaliforniaCorporation, and that his signature shall be binding on the corporation." Jordan Secretary
VSS I , Inc.

A Corporation
3785 el Drive
West CA 95691
L, .
3785 CHANNELDRIVE 0 WESTSACRAMENTO, CA 95798,USA ° PHONE (916) 373- 1500 FAX NO. (916) 373-1438 ° CONTRACTOR’SLICENSENO. 293727A l'l'| ITIII l'|TEl'|Fll'ICE SFIECIFIL 5T5

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ffrey R ed - President
VSS Inter ational,
VSS Il'|TE?I'IFIT|Ol"IHL. Inc.
3735CHANNELDRIVE- wnzsrSACRAMENTO, CA 95591.USA
PHONE (916)373-1500- FAX N0. (916) 373-1438
CON']‘RACTOR’S LICENSEN0‘ CA 293727».

PI’-'-IVEl'I'|El'|"l' |TIFIIl"ITEI'I?|'Il:E 5FEl'.'lI'-ILISTB www.slurry.com
January 17, 2020
To Whom It May Concern:
l, Jeffrey Reed, duly-electedPresident of VSS International, Inc., state that the following resolution is a true and exact copy of that resolutionadopted by the Boardof Directorsof VSS International, |nc., October 6, 2019.
"NOW.THEREFORE, be it resolved that Jordan Reed as duly elected Secretary, Treasurer, be authorizedto sign any and all bids and/or contracts, and/or legal documents for VSS International, |nc., a CaliforniaCorporation. and that his signature shall be binding on the corporation.” Inc.

A CaliforniaCorporation
3785 Channel Drive
Sacramento, CA 95691

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V55International, Inc.
2021

PAVEMENT SPECIALISTS

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SS IFITERFIQ IDTIR
HANNELDRIVE0 WESTSACRAMEN
HONE 916) 373-1500 I FAXN0. (9
LICEN E N0. CA Z93727A - AZ 285
IHC.
95691,
-1438
ID 133
VSS International, Inc. IAbout Us WWW's|”"V'c°m
VSS International,Inc. is the premier pavement preservation and maintenance contractor in the western United States. Specializing in chip seals (asphalt rubber and conventional), cape seals, multi-layers, slurry seal and micro surfacing preservation technologies. VSSI is a merger of three Basic Resource’s entities: International Surfacing Systems, Valley Slurry Seal, Inc., and VSS Emultech. Their first pavement preservation operation dates back to 1951 for slurry seal and in the 1980's for asphalt rubber chip seal.

VSSI currently operates in Arizona, California, Oregon, Washington, Nevada, Idaho, New Mexico, and Texas. Apart from operating within the western U.S., VSSI has performed pavement preservation related projects throughout the world.

The company owns and operates three asphalt emulsion plants in California. These plants produce a broad range of emulsions for the highway industry, including sophisticated polymer and rubber modified materials for specialty applications. VSSI also manufactures the very best in asphalt rubber blending technologies, slurry/micro surfacing machines and emulsion mills. Our MacroPaver, MiniMac machines and Emultech mills can be found in service worldwide.

VSS International, Inc. offers a range of non-construction services including technical advice on all aspects of asphalt technology, from refining and product design to manufacture and application. They also offer agreements utilizing VSS technology in polymer and rubber modified asphalts, multi-grades, slurry and micro surfacing systems and equipment, chip sealing emulsions, emulsion manufacturing, and production mill packages.

VSSI belongs to the Basic Resources family of companies, and thereby has access to additional capabilities such as asphalt plants, concrete plants, and aggregate quarries belonging to sister companies. In addition, these sister companies provide expertise, subcontracting resources, and other opportunities to VSSI.

VSSI’s broad range of capabilities and products allows them to maintain pavement for their clients with the best, most cost-effective procedures. It is their firm belief that the best way to grow their business is to provide the best possible products and customer service, thereby encouraging their clients to not only continue maintaining their valuable pavement infrastructure but also recommend pavement maintenance to additional clients.

V T L,
3785 c TO, CA USA
P 16) 373
CONTRACTOR’S 579A - 04—AAA—4(47)
NVO014802A 0 OR 65821 0 WA VSSIN||875JW
l-'-’FIVElTIEl'|T

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S5 ITITEHHHTIDFI .ITIC
VSS International Contracting Awards and Accolades
To whom It May Concern, WWW urry-Com
VSS is pleased to submit a list of Contracting Awards and Accolades received from industry over the past twenty years. VSSInternational is committed to providing safe, sustainable, integrated and efficient pavement maintenance products. The partial sampling of awards all demonstrates the professionalism and exceptional practice we are committed to providing our customers.

International Slurry Surface Association — ISSA Presidents Award for Excellence:
- 2020 Caltrans Pacific Coast Highway—Resurfacing Hwy 1 - 2018 City of Apple Valley, CA — Pavement Preservation Project - 2014 County of San Diego, CA — Citywide Slurry Seal Project No. 1018359 - 2013 County of Mendocino, CA — Mu|ti—LayerRehabilitation Project - 2012 County of Santa Barbara, CA- County Wide Preventative Maintenance — 2012 ISSA— 50 Years of Membership
Western Regional Association for Pavement Preservation — WRAPP Award of Excellence in Contracting:
- 2018 Caltrans District 09 — Contract O9—371004
- 2017 City of Rancho Palos Verdes, CA — Residential Street Rehabilitation Project - 2015 City of Fairfield, Ca — Fiber Cape Seal Project
California Chip Seal Association — CCSA
- 2014 County of San Diego, CA — Slurry Project of the Year - 2013 County of Mendocino, CA - Multi-Layer Project of the Year - 2012 County of Santa Barbara, CA — Innovative Microsurfacing Project of the Year - 2011 City of Stockton, CA- Cape Seal Project of the Year - 2011 Caltrans District 06 - Slurry Project of the Year - 2010 Caltrans District 08 - Contracting Excellence
- 2009 City of ElPaso Robles, CA- Innovative Slurry Project of the Year - 2008 City of San Jose, CA — Innovative Chip Seal Project of the Year - 2007 City of Antioch, CA — Award of Excellence in Contracting - 2002 City of Oakland, CA — Award of Excellence in Contracting - 2006 City of West Sacramento, CA- Cape Seal Project of the Year - 2006 City of King City, CA — Innovative Project of the Year - 2005 City of Watsonville, CA — Award of Excellence in Contracting Other Notable Awards
- 2020 Arizona-AGC- Preservation Project of the Year- City of Scottsdale - 2020 ISSAPreservation Performance Award- City of Scottsdale AZ - 2020 APWA Project of the Yea r- City of Sacramento
- 2020 International Road Federation—Caltrans Pacific Coast Highway—Resurfacing Hwy 1 - 2016 APWA Project of the Yea r- Town of Moraga
- 2011 AGC/CA- Contractor Award Fina|ist- City of Santa Monica Airport - 2001 RPA — Presidents Award- Caltrans District 06
Sincerely,
VSS International Team
V BL .

P.O. BOX 981330 - WEST SACRAMENTO, CA 95798, USA
PHONE (916)373-1500 - FAX NO. (916) 373-1438
CONTRACTOR’S LICENSE NO. CA 293727A - AZ 285579A - ID 13304-AAA-4(47) NV 0O14802A ° OR 65821 ' WA VSSlN||875JW
PFIVElT|El'|T l'?F!lI'ITEl'1Fll'|CE

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Name
Jeffrey Reed
Jeff Roberts
Jordan Reed
Jon James
Greg Erks
Richard Cross
Will Cross
Matt Ferguson
Parrish Bowes
Michael Harrison
Roman Benedyuk
VSS International, Inc.

Listing of Key Personnel
Title
President (OFFICER)
Senior Vice President/General Mgr. (OFFICER)
Treasurer, Secretary (OFFICER)
Operations Manager
AZ Operations Manager
Estimating and Development Manager
Chief of Estimating
Construction Manager
Project Manager
Project Manager
Safety & Compliance Manager
Years of
Construction
Expe?ence
46 Years
33 Years
I 3 Years
40 Years
42 Years
25 Years
I I Years
I 4 Years
26 Years
I 9 Years
7 Years

16.K

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OWNER I AGENCY} CUSTOMER
Arizona Dept of Transportation
Town of Queen Creek
City of Pocatello Idaho
City of Chubbuck Idaho
City of Falrfleld
City of Santa Clara
City of Yuba City
PROJECT TITLE DESCRIPTION OF B|DDER'S WORK CONTACT
City of Fremont 39550 Liberty Street Fremont.CA 94537
City of Phoenix
200 W Washington SI 5th Floor Phoenix.AZ 85003
City of Phoenix
200 W Washington St 51hFloor Phoenix, AZ 85003
City of Hanford
315 North Douty Street Hanfard, CA 93230
City of Roseburg Oregon
900 SE Douglas Ave Roseburg OR
County of Mendocino
340 Lake Mendocino Dr Ukiah.CA.95482
City of Seattle Washington
700 5th Ave, Rm 5300 Sealtle WA 98104
City of Burien Washington
400 SW 152nd St, Ste 300, Burien WA 98166
City of Hanford
315 North Douty Street Haniord, CA 93230
City of Visalla
707 W Acequia Avenue Visalia.CA 93291
Town of Victor Idaho
32 Elm Street Victor.ID83455
City of Redding
777 Cypress Avenue Redding, CA 96001
City of Rancho Palos Verdes 30940 Hawihome Blvd Rancho Palos Verdes, CA 90275 County of Plma
130 W. Congress St .3rd Floor Tuscan. AZ 85701
City of Phoenix
1034 Madison Streel Phoenix, AZ 85003
City of Phoenix
200 West Washinglon Slreet Phoenix, AZ 85003
Dale of Completion
May 2016
Original Contract Amount
$424,000
$1.346,345
$1.180.175 00
1651 West Jackson Street Phoenix AZ 85007
22358 S Ellsworth Queen Creek.AZ
P.O. Box 4169 Pocatello ID83205
P.O. Box 5604 Chubbuck ID83202
Fairfield, CA 94533
1500 Warburton Avenue Santa Clara, CA 95050
1201 Civic Center Blvd Yuba City, CA 95993
2016 Annual Crack Seal Project
ADOT Carrizo-Whiteriver-Indian Pines Hwy (SR73)
Phoenix FAST Chip Seal
Fiber MicroProject
Phoenix FAST Crack Seal Project
FY 15/16 Cape Seal Project
2016 Pocatello Idaho Slurry Seal
Microsurfacing Overlay
Pavement Management Program - 2016 Slurry Seal
2016 AC Maintenance Project
2016 Non Arterial Maintenance Program Microsurfacing Project 2016 Slurry Seal Program
FY 15/16 Slurry Seal Project
Asphalt Rubber Cape Seal 2016
2016 Seal Coat Project
2016 Slurry Seal Project
Type IIIMicroSeal
Cape Seal 2016
Residential Street Rehab Project Phase 2
Pima County AZ Countywide Pavement Preservation
PMAR Chip and Scrub Seal
Yuba City Residential Resurfacing
Project, Contract No. 16-08
Phoenix Crack Seal JOC

75.000 LBS Crackseal
875 Tons Type IIISlurry Seal
49,995 SOFT Fog Seal 28.575 SQI-‘I’Seal Coat
2,750 Tons Type IIFiber MicroSurfacing
663.205 LFCrack Seal
Hl,oUU type II More Sunacrng 87.500 SY Scmb Seal 25,000 SY Type IIIMicro Surfacing 75 non SV Snrnh Seal
150.000SY Type IISlurry Seal
194,130 SY Type IIIMicrosurfacing
48,548 SY Type IISlurry Seal
78,000 SY Type IIIMicro Surfacing
78,000 SY Asphalt Rubber Chip Seal 82.000 SY Type It Slurry Seel 427,000 SY Type IIMicrosurfacing
70,800 SY Type IISlurry Seal
301,500 SY Type IIS|un'y Seal
90,000 SY Asphalt Rubber Chip Seal 90,000 Type I-IllMicro Surfacing 160,000 SY Asphalt Rubber Chip Seal 185.000 SY Slurry Seal 380.000 SY Fiberized Slurry Seal 366.100 SY Type IISlurry Seal
14,080 SY Type IIIMicro Seal
308,000 SY Scrub Seal. 308.000Type II Micro Surfacing

1.119.684SF ARAM
4,259,684 SF Slurry Seal Type II 293,200 SF Slurry Seal Type III

8.700 Tons MicroSurface Aggregate 1,350 Ton Micro Surface Emulsion 330.000 LBS Crackseal 224,230 SY FAST
66,345 SY Scrub Seal
383,437 SY Type IISlurry
(Including Rubber Chip Seal Areas to form Cape Seal) 118 016 SV Asnhn|lR1Ihher Chin Seal

6.400 LF Crack Seal
June 2016
June 2016
May 2016
September 2016
October 2016
July 2016
July 2016
August 2016
November 2016
October 2016
October 2016
October 2016
September 2016
September 2016
September 2016
July 2016
November 2016
November 2016
August 2017
November 2017
July 2017
October 2017
$212,777
$297,000
$1,500,000
$752,000
$750,000
$250,000
$234,897
$90,908
$2,210,000
$930,000
$258,824
$402,101
$567000
$1,627,000
$100,000
$1,117,794
$1,885,000 00
$2,229,000 00
$1,339,120 00
$615,175.00
Edward Nakayama
(510) 494-4700 Enakayama@fremont gov
Brandon Campbell
(602)712-8257
Ruben Martinez
(602) 495-2048
Jan Martin
(480) 358-3003
Ruben Martinez
(602)495-2048
Lisa Dock
(559) 585-2550
|dock@cityolhanfordca com
Tom Kirkman
(208) 234-6582
tkirkman@pncate||o us
EtryanHall
(208) 237-2409
bha||@cityotchubbuck us
Rick Castle
(541) 492-6730
rcast|e@cityofroseburg org
Howard DaShiel|
(707) 463-4363 dasl1iellh@co mendocino ca.us Mark Sliger (206) 733-9636 mark s|iger@seatt|e.gov
Brian Victor
(206) 248-5539 brianv@burienwa,gov
Lisa Dock (559)585-2550
|dock@cityofhanfordca com
Purchasing Division
(559) 713-4334 purchasing@visa|ia city
Peter Wright
(707) 426-7764
pwright@fairfe|d ca gov
Jing Deng
(408) 615-6012
jdeng@santaclaraca gov
Robert Heuseveldt
(208) 787-2357
Josh Watkins
(530) 2254161
jwatkins@ci redding.ca.us
Andy Winje
(310) 544-5249
Anthony Shiavone
(520) 724-3245
anlhony schiavone@pima gov
Rick Evans
(602) 495-6284
Ben Moody
(530) 822-4783 bmoody@yubacity net
Ruben Martinez
(602) 262-4659

16.K

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Town of Queen Creek
22358 S Elsworth Queen Creek, AZ 85142-9311
City of Clovis 1033 Fifth Slreel Clovis, CA 93612 City of Phoenix 200 West Washington Slreel Phoenix.AZ 85003
1033 Fifth Street Clovis.CA 93612
County of Stanislaus 1010 10th Street, Suite 6700 Modesto, CA 95354 City of Hanford 315 North Douty Slreel Hanford, CA 93230
City of Hanford
315 Norlh Douly Street Hanford.CA 93230
City of Lake Oswego
380 A Avenue Lake Oswego, OR 97034
City of Seattle
700 5th Avenue, Room 4112 Seattle, WA 98104
vintage Paving Co. Inc. 119 Main Street Winters CA 115894 County of San Mateo 400 County Center Redwood City, CA
County of Sonoma
2300 County Cenler Drive Santa Rosa, CA 95403
City Of wulsonville 29799 SW Town Clr Loop Easl Wilsnnvilla OR Q7f'|7(‘| City of San Mateo
330 West 20lh Avenue San Maleo CA 94403 County of San Mateo 400 County Cenler Redwood City, CA Manteca unified School District 2271 W Louise Avenue MAHIDPA (TA o=1'a7 City of Grass Valley
125 East Main Slreel Grass Vallev CA 95945 Ames Construction 391 N. Main Street Corona, CA 92880 George Reed, Inc. 140 Empire Avenue Modesto, CA 95354 Pismo Beach, CA 93448
City of Vlsalla
707 W Acequia Avenue CA 93291
Seattle WA 2017 Non-ArlerialMain! Program (2017-021)
California Dept of Water Resources DWR Contracl C51548 - Water Supply Syslem Phase 2 CaITrans Projeol 05-1G5B04 Sanla Barbara County Near Santa Maria

75.000 SY Slurry Seal Type II
41 ,Q0() SY Cape Seal 23,950 SY Slurry Seal
50,410 SY Type IISluny Seal
Crack Fill

20.000 sv Slurry Seal
Date of Completion
May 2017 $e3.5a0.00
$1,121,375.00
August 2017 $61,377 00
$234,397 00
Seplember 2017
$210,000 00
$229,000 00
$425,120 00
$114,750 00
August 2017
$4.309.0o0 00
$1,502,000 00
10/14/17
$171,495 00
August 2017 $142095 00
August 2017 $266,103 00
Rodney Burch
(200) 237-2430
rburch@cilyofohubbuck us
Orlglnal Contact OWNER I AGENCY!CUSTOMER PROJECT TITLE DESCRIPTION OF B|DDER‘S WORK Amoum CONTACT City of Clovis
City of Chubbuck
Arizona Dept of Transportation
Papich Contruction Co. Inc.

Papich Contruction Co. Inc.
560 Yellowstone Avenue Chubbuck, ID 83202
Phoenix.F? 85004
437 Old Mammoth Road, Suite R Mammoth Lakes.CA 93546
P O Box 2210
PO Box 2210 Pismo Beach CA 93448
Queen Creek Fiber Micro- PO
Jan Marlin
1420170248 (430) 358-3746
jan rriartin@queencreek com
225 Tons Type IIFiber MicrcSurtacing
Clovis CA Rubberized Cape seal 140.093SY Rubberized Cape Seal Thomas Chang 2017 253,703 SY Slurry Seal Type II August 2017 (559) 324-2374 Crack Sealing th0masc@citycfc|0vis corn . . . Emeka Ekpe Phoenix AZ 2016 CMAOAlley Dust Chip Seal - 5,643 TonsPrecoated Chips December 2017 $2'477'169 00 (602) 2564107 Prooling 507 Tons Liquid Asphalt . emeka ekpe@ph0enix gov Clovis CA Trail Pavement 12,116 SY Slurry Seal Type I Th°'"a‘ Chew Maintenance Crack Sealing (559) 3244374 thomasc@c|tyofc|ov|s.com
2017 MicroSuriacing Project 194.130SY MicroSurfacing August 2017

38.170 SY Microsurtacing Type It show Ahra 2017 Salida Pavement Preservation 48,250 SY Asphalt Rubberized Chip Seal $1,479,000 00 ahra @slanc°u:ty mm 5.000 Ton Slurry Seal Type II W3 ' FY 16/17 Cape Seal Treatment 30,527 SY Type IIIMicro Surfacing Au “st 2017 Project Engineer Project 30,527 SY Scrub Seal 9
(559) 535-2550
FY 16/17 Sluny Seal 1e2 751 sv Type II Sluny Seal August 2017 P'°je°l E"9i"°°' ' (559) 585-2550
Crystal Shum
2017 Preventative Street Maintenance 172,000 SY Sluny Seal June 2017 (503)697-7420 cshum@ci oswego or us
Judy Keefe 225,000 SY Type IIMicro Surfacng September 2017 $647,848 00 (206) 684-8032 judy [email protected]
Solano County Widening Project Robert Nickelson Vacaville, CA Aug” 2°17 (530) 795-0132 . Zack Azzari 2017 Baysma 639°3"‘! $533,000.00 (650) 599-1485 Slurry Seal Project . zazzan@smcgev org

5.544 Tons Slurry Seal Type III 2,759 Tons Screenings Liz Cureton 2017 Pavement Prasewation Project 280 Tons Asphaltic Emulsion September 2017 (707) 565-2433 460 Tons Asphallic Emulsion - liz [email protected] Pnlvmer Modi?ed MikeWard 2017 Street Maintenance 156,108 SY Slurry Seal Type I September 2017 $358,994.00 (503)682-1011 ward@ci wilsonville or us 7,261 Tons Aggregate Type III Mahfuz Anvirar King?fffgghgjlaaicro944 Tons Emulsiliad Asphalt November 2017 (602) 712-7221 Polymer Modi?ed [email protected] Homayoun Ariasp P E 2016 Citywide Slurry Seal Project $764,120 00 (650)522-7332 [email protected]
2017 Coastside Cape and 24,400 sv Cape Seal Ema" H°“ei"i‘Bid°k"" Slurry Seal Project 66 625 SY Slurry Seal 10/14,17 $547‘o0o 00 (650) 363-4100 ‘ ehosseini-bidokhti@smcgov org
Fiber Micro Seal Dawn Everson Brock ElliottPaving Project Asphalt Repairs September 2017 (209)858-0666
66,612 SY Microsurfacing Ron Fansler 2017 Road Maintenance Project 9,344 SY Slurry Seal (760) 965-3650 32,742 SV Fog Seal rfansler@townotmamm0th|akes gov Catharine Dykes R2e‘]h1a7l)i’:‘i:‘a';:‘°":: 35,217 sv Cape Seal (530) 274-4373 [email protected] Mlke McGitlon 114,290 SY Chip Seal September 2017 $197,721 70 (951)870-3979 mikamcgl|lcn@amesco corn Union Pacific Railroad Mike Gouda” PM
.. 13,216 SY Rubberized Aspha|t(SAM|) November 2017 $86,829 12 (209) 557-3108 Lathrop Facility . mike [email protected] Jeff McGuire 260 Tons Type IIISlurry Seal September 2017 $79,300 00 (805) 473-3016 Jmcgu|[email protected] corn
, Derek Todd Pm R°b'es A'T°°”. August 2017 $94,630 00 (305) 473-3016 Paso Robles, California . . dtedd@papichconstruction com Project No 1410-7200/CP0247-999 ‘ V” 9 $816,000.00 (559)713-4334 87,199 SY Type IIMicro-Suriacing purchasin,a@visa|ia citv

16.K

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OWNER I AGENCY! CUSTOMER
City of Phoenix
1034 Madison Slreel
City of South San Francisco
315 Maple Avenue
Granite Construction
P O Box 5127 Bakers?eld.CA 93388
Agee Construction Corp. P.O. Box 629 Clovis CA 93613-0629 Idaho Transportation Department 3311 West Shake Slreet Boise, ID 83703 City of Page
Sonoma County Airport 2290 Airport Blvd
Sanlz Rnsa CA 95404 California Dept of Transportation
1727 30th Slreat Sacramenlo. CA 95816
Town of Apple Valley
14955 Dale Evans Parkway
Port of Oakland
530 Water Streei Oakland CA 94607
Part of Stockton
PROJECT TITLE DESCRIPTION OF B|DDER'S WORK
Dale ol Completion
Original Coniram
Amount CONTACT
City of Phoenix
1034 Madison Street Phneniy A7 asnna
City of Phoenix
1034 Madison Street Phoenix AZ 85003 S. chaves Construction Inc. 11545 Los Osos Valley Road. #03 San I iris Ohisnn CA 93405
Town of Queen Creek
22358 S Elsworth OIIRAH Creek A7 R5147-9311
George Reed, Inc. 140 Empire Avenue Mnrlestn CA 95354
697 Vista AvenuelP O Box 1180
Pan: A7 RAMA
City of Prescott 201 S Cortez Street Prescott. AZ 86303 City of Fairfield
1000 Webster Street Fairfield CA 94533
Annla \/allow l".A Ct7’l?7
Maricopa County
2901 W Durango Street Phnenix A7 R5009
Amador County Dept of Transportation & Public Wor‘ks 810 Court Street Jackson CA 95642 City of San Luis Obispo
919 Palm Street
JOA #8 2018 Residential PMM Program
JOA #9 T2050 2018 Crack Seal Program
JOA #10
2018 Residentiallcollector Crack Seal Program
Repair Pavement at NASA Facilities Vandenberg AFB.California 2017 Street Surface Seal Project Project No. 510-99999-ST1705 Bakers?eld Municipal Airport N Taxilane Pavement Reconstruction COB Project iiP7K200 FAA AlP #3-06-0320-020-2017 County of Tulare Terra Bella & Richgrove Road Improvement Proiecl
Queen Creek 2017 Micro-Surfacing
Idaho Project No. A020(228) Placing Micro-Surface Seal on SH 75 in Custer County, Key No 20228 South Gait Safe Route to School 3. Rehabilitation and SACOG Bicycle and Pedestrian Proiecls City of Page Crack Seals. Seal Coats and Slurry Seals for Citv Streets & Parking Lots Pavement Preservation - Apron D Rehabilitation
Caltrans 07-3W6604 Los Angeles County
FY18 Pavement Preservation Project No 18-2157810-8930-90036 Pavement Maintenance Project 2018 Waten-nan Highlands. Southbrook Paving 17-18 Project No 2018-01 MiddleHarbor Road Pavement Improvements (Slurry Seal)
MH1802 Asphalt Chip Seal
Port of Stockton Admin Building Front and Back Parking Lots Stockton CA 2018 CSA 5 20B 8 Surrey Junction Road Maintenance Project County Project 349118001 Roadvway Sealing 2018 and Laurel Lane Complete Streets 2018 75,036 Gal. PMM Per Speci?cation
220,000 Lbs Crack Seal 2,000 Lbs Wide Crack Seal Mastic 320,000 Lbs Crack Seal 2,000 Lbs Wide Crack Seal Mastic 108.180 SY Slurry Seal 21,994 SY Scrub Seal
5,240 SY Asphalt Slurry Seal
354 Tons Slurry Seal Type ll
1,231 Tons Type lll Fiber MicroSurfacing 1.538Tons Type ll MicroSurfacing 5,788 Tons Micro-Surfacing Aggregate 695 Tons Polymer Modi?ed Emulsilied Asphalt 1,451,891 SF Microsurfacing
23,816 SY Slurry Seal type II 10,566 SY Slurry Seal 33 894 SY Micro Seal Tvoe Ill Micro-Surfacing. Pavement Repairs, Fog Seal and Pavement Markings

13.300Ton Slurry Seal
2,100 Tons Microsurfacing Dry Aggregate 360 Ton Microsurfacing Asphalt Emulsion 55,000 SY Slurry Seal 115,000 SY Fog Seal 115,000 SY Rubber Chip Seal Chip Seal. Slurry Seal and Crack Seal
214,389 SY Cape Seal 315,179 SY Chip Seal withFlush Coat 883 Tori Micro-Surfaclno Tvoe ll 76,000 SY Slurry Seal l|l
503,428 SY Chip Seal
58,931 SF Fiberized Slurry Seal Type II Crack Filland Striping 7,250 SY Asphaltic Emulsion Chip Seal
600,000 SY Slurry Seal Type II
June 2017
May 2018
May 2018
September 2017
October 2017
May 2018
April 2010
October 2017
October 2018
July 2018
June 2018
August 2018
December 2018
September 2018
August 2018
August 2018
August 2018
August 2018
September 2018
August 2018
October 2018
$337,392 20
$478,3-10,00
$604,840.00
$83,687 40
$754,120 00
$46,950 40
$98,907 12
$184.889 50
$5,617,120 00
$1,660,120 00
$281 .120.00
$37,230 00
$120,120 00
$2,493.000.00
Rick Evans
(602) 495-6284
Rick Evans
(602) 495-6284
Rick Evans
(602) 4956284
James Meinert
(805) 543-9340
Sam Bautista
(650) 829-6668
sam bautista@ssf net
Darryl Ebel, CM
(661) 399-3361 [email protected]
(559) 2993290
Jan Martin
(480) 358-3746
ian,martin@ctueencreek corn
Matt Davison
(208) 745-5686
Adam Hanson
(209) 523-0734 Kyle Chrisliansen
(928) 645-4300
kchn’[email protected]
Jon Stout
(707) 565-7243
jon.stout@sonoma-county org
Sam Gallardo.PE
(310) 345-0266
Steve Guizzo
(928) 777-1130
steve.guizzo@prescott—az gov
Caroline Vedder
(707) 42&7484
Rich Berger
(760) 240-7000
[email protected]: Chris Chan, Chiet Engineer
(510) 627-1100
cchan@portoak|and com
Leon Adair
(602) 506-4684
|eonadair@,mail.mai-icooa oo Richard Navarro v
(209) 946-0246 mavarro?bstocktonoort com
Jered Reinking, PE
(209) 223-6226
jreinking@amadorgov org Khai Nguyen. PM
(805)781-7108
hnguyen@s|ocity org
220,230 SF Type IISlurry Seal
$851.172.03
$1,352.120.00
3275.85900
$205,000.00
$2,590.000 00
$2.990,000 00
$2,005,000.00

16.K

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rntmum CA 0451: _ va-mun,
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2018 Slurry Seal 761,530 SY ModlfledType IISlurry Seal $1 ,E|17.000.0lJ \/ansn?ln rm aamn Asphall Rubber Chlp Seal Uoug vong
C
'2";2g1:'Ph“‘\7 ? October 2013 $3,073,000.00 (707
0 G 8 reen 8 ey Seal dvonaa gov
City of Carlsbad ShoulderWork $458,387.62

16.K

OWNER / AGENCY/ CUSTOMER West Coast Materials 2190 Guinevere Ct Merced. CA 95340 City of Phoenix, AZ- Street Transportation Dept. 1034 E Madison St Phoenix, AZ85034 County of Siskiyou Department of General Services 305 Butte St Vreka,CA96097 City of Carpinteria 5775 Carpinteria Ave Carointeria. CA93013 Maricopa County Department of Transportation 320 LincolnSt Phoenix.AZ85003 ADOT - Arizona Department of Transportation
206 S 17th Ave, MD 102A
Phoenix, AZ85007 Town of Apple Valley
14955 Dale Evans Pkwy
Apple Valley, CA 92307 City of Albany
1000 San Pablo Ave Albany. CA 94706 City of Clearlake
14050 Olympic Dr Clearlake, CA 95422 Town of Carefree, AZ 3 Sundial Circle
Carefree. AZ85337 Knife River Corporation
4055 Professional Way
Idaho Falls.ID 83402 The Fishel Company 1.366Dublin Road Columbus, OH 43215 West Coast Materials 2190 Guinevere Ct Merced. CA 95340 County of Bingham 501 N Maple #205 Blackfoot, ID83221 City of Santa Cruz 309 Center Street, Rm 201 Santa Cruz, CA95060 County of Solano 575 Texas St, Ste 5500 Fairfield.CA94533 City of Pocatello 2405 Garrett Way
Pocatello, ID83201 County of Lake Public Services
Department 16015 Davis Ave Clearlake, CA 95422 City of Foster City 510 Foster City Blvd Foster City, CA94404 Anderson Striping PO Box 1014 VSS International, Inc.

Completed Projects List - 2019

DESCRIPTIONOF DATE OF
PROJECr TITLE BIDDER'SWORK COMPLETION
Caltrans Stockton Ramps Fiber Seal June 2019
Project No. ST87400336-1 Scrub Seal April 2019
Scott Valley Airport Slurry Seal Project Slurry Seal October 2019 2019 Pavement Maintenance Project Slurry Seal August 2019 Slurry Seal Treatment for County Roads Slurry Seal June 2019 179 YV304 M699001C 179-A-NFA - RlMROCK- Sedona Hwy (SR179), RANGERSTATION — Fog Seal July 2019 CHAPELRD Resurfacing 2019-01 Slurry July 2019
2018 Pavement Maintenance and ATP Striping &
Slurry & Chip October 2019 Signage Project
Moss/DavisAve Pavement Rehabilitation Micro June 2019 Project Pavement Preventative Maintenance Project
' ' 1
2019401 Micro April 20 9
L" I R d I
' inco n oa mprovements, Bonneville County, Micro June 2019 Idaho
41st 84Peoria Microseal Micro April 2019
Caltrans Sonora EB& WB SR—108on & oft ramps Mono Way EB& WB SR—108on 8. off ramps at Micro June 2019 Phoenix LakeRoad and Hess Ave.

Type 3 Micro-Surfacing Road Application Micro July 2019 Contract 2019 Surface Seal Project (c400810) Micro July 2019
Asphalt Rubber Cape Seal 2019 iphalt Rubber Cape Sc July 2019 Type IIINucri Surfacing Services Micro July 2019
LandfillRoad Repairs Slurry May 2019
Fiber Seal Trial At Constitution Drive Fiber Seal July 2019 Modesto City Schools Seal Coat at various Slurry June 2019 Sites/Beyer High School

ORIGINALCONTRACT AMOUNT
$75,312
$827,034
$277,120
$557,120
$1,016,000
$718,000
$1,375,120
$965,364
$210,120
$677,000
$120,800
$8,556
$163,800
$792,300
$1,561,232
$2,138,120
$498,500
$42,900
$38,103
$56,387

CONTACT
Stephen Hamilton
(209) 777-6269
s_hami|ton@westcoastmaterials com
Jose M Rodriguez
(602) 262-4054
[email protected]
Scott Waite
(530) 925-2629 [email protected]
Debbie Talarico
(805) 684-5405
[email protected]
Leon Adair
(602)506-4684
[email protected]
Steve Monroe
(602) 712-7346
[email protected]
RichBerger
(760) 240-7000
rberger@app|eva|ley.org
Robert Gonzales
(510) 559-4270
rgonza|es@a|banvca.org Gene Harris
(707) 272-0687
gharris@c|earlake.ca.us
Gary Neiss
(480) 488-3686 [email protected] Chris Boniface
(805) 714-1212
[email protected]
Adam Aiken
(520) 777-4696
aaiken@teamfishe|.com
Stephen Hamilton
(209) 777-6269
s_hami|[email protected]
Troy Lenhart
(208) 251-1043
[email protected] Ricardo Valdes
(831)420-5198
rva|des@cityofsantacruz com
Robert Liu
(707) 784-6074
[email protected]
Tom Kirkman
(208) 234-6250
tkirkman@pocatel|o.us
Lars Ewing
(707) 262-1618
lars.ewing@|akecounty ca.gov Francine Magno
(650) 286-3388 [email protected] Ed Woolley
(559) 897-2760
[email protected]

16.K

OWNER / AGENCY/ CUSTOMER
City of Ripon
259 N Wilma Ave Ripon. CA 95366 Yucca Valley S8928 Busines Center Drive Yucca Valley, CA 92284 G. Bortolotto & Company, Inc. 582 Bragato Rd San Carlos, CA 94070 County of San Joaquin 1810 EHazelton Ave Stockton, CA 95205-6232 City of Healdsburg 401 Grove St
-lealdsburg, CA 95448
\IDOT
310 Galletti Way
Sparks, NV89431 Federal Highway Administration
610 E5th St Vancouver. WA
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993 City of Sanger 2985 N Burl Ave Fresno, CA93727 NDOT 1250 Lamoille Hwy, Ste 1154 Elko.NV89801 City of Seattle 700 Fifth Ave Seattle, WA 98104 City of Victor 10 S Main St, Unit 101 Victor. ID 83455 DSH-Atascadero 10333 ElCamino Real Atascadero, CA93422 City of Vacaville 650 Merchant St Vacaville,CA 95688 Town of Apple Valley 14955 Dale Evans Pkwy Apple Vallev. CA92307 NDOT
310 Galletti Way
Sparks, NV 89431 County of Calaveras 391 Mountain Ranch Rd San Andreas, CA 95249 City of Palo Alto
250 Hamilton Ave PaloAlto. CA 94303 City of Anderson
1877 Howard St
City of Merced
578 W 18th St Vierced, CA95340 County of Santa Barbara Anderson, CA 96007 City of Ceres
2220 Magnolia St
VSS international, Inc.

Completed Projects List - 2019
PROJECTTITLE Mulholand/CaliforniaResurface Projec DIR
Project ID 286011
Town—WideSlurry Seal Project #8340A
2019 Rehabilitation Project CE- 17-18-19
Chip Seal 2018-2019
Healdsber 2018/2019Measure V Pavement Rehibilatation Project No. 201-02 SR 208 and SR 824 in Lyon County
WA NPS PP SAJH2018(1)Pavement Preservation San Juan Island 2019 Resurfacing Project Contract No. 18-09
2019 Street Sealing Project
US 93 in Elkoand White Pine Counties
2019 Non Arterial Pavement Project PW#2019- 014
2019 City of Victor Micro Seal
Slurry Seal Services,
2019 Slurry Seal Project
Resurfacing 2019-02
SR 207/Kingbury Grade From US 50 to SR
206/FoothillRoad
West Point Bikeway Project
FY2019/2020Streets Preventive Maintenance Project Re—Bid(175087 A) 2019 Cape Seal
Project No. 119065-Slurry Seal Various at Locations
2018/2019Pavement Pres. & Prevent. Maint.- County Project No. 820683 2019 Pavement Preservation Project
DESCRIPTIONOF BlDDER'SWORK
Slurry
Slurry 8: Cape Seal
Slurry 8: Chip
Chip Seal 81Slurry
Micro & Chip
Slurry
Micro
Slurry
Slurry & Cape Seal
Slurry
Slurry
Micro
Slurry
Slurry
Mico
Micro & Chip
Micro Type III
Micro
Micro
Slurry Seal
Chip 8: Slurry
Chip & Slurry

DATE OF COMPLETION
February 2020
October 2019
October 2019
August 2019
September 2019
August 2019
September 2019
October 2019
November 2019
October 2019
September 2019
July 2019
November 2019
September 2019
December 2019
September 2019
September 2019
November 2019
October 2019
November 2019
December 2019
November 2019

ORIGINALCONTRACT AMOUNT
$614,120
$922,000
$915,120
$2,279,000
$940,120
$540,000
$789,197
$534,424
$689,029
$3,996,120
$1,148,000
$50,298
$300,000
$1,121,983
$1,840,120
$1,392,909
$156,200
$1,543,000
$453,000
$296,000
$2,245,120
$937,000

CONTACT
Elizabeth Quilici
(209) 599-0236
[email protected]
Armando Baldizzone
(760) 369-6579
abaldiz2one@yucca-valley org Keving Forouhi
(408) 615-3064
kforouhi@santac|araca.gov
Miguel Aguirre
(209)968-4876
[email protected]
ClayThistle
(707)431-3346
cthistle@ci healdsburg ca us Gary Selmi
(755) 829-8383
§zse|[email protected] Michael Nlemi
(260) 619-7758 Michae|[email protected]
Nicholas Menezes
(530) 822-4640 [email protected]
Ryan Rabbon
(559) 244-3123 [email protected]
Mirak Mahari
(775) 291-0213 mmahari@dot nv.gov
Joe Mathieu
(206) 687-3781
[email protected]
Robert H
(208) 787-2940
[email protected]
Tom Smet
(805) 391-0948
[email protected] gov Amer Rihani
(707) 449-5139
amer.rihani@citvofvacavi|le.com
RichBerger
(760) 240-7000
rberger@appleva||ey org Ashley Hurlbut
(775) 881-8934
[email protected] gov
Joshua Ksenzulak
(209) 754-6402
iksen2u|ak@co ca|averas.ca.us
Brittany Leung
(650) 329-2197
brittany |eung@citvofpa|oa|to.org
David Durette
(530) 378-6641
[email protected] Paul Flores
(209) 388-8708
f|[email protected] Eric Pearson
(805) 681-5676
epearso@cosbw net Sam Royal
(209) 538-5617 Samir.roya|@ci.ceres.ca.us

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OWNER/AGENCY / CUSTOMER
City of Lindsay
150 N Mirage Ave Lindsav.CA93247 Cityof King 212 South Vanderhurst Ave <inECitv.CA 93930 City of Oakdale 280 North Third Ave Oakdale, CA95361 AC Lopez Construction 310 S Clementine St VSS International, Inc.

Completed Projects List - 2019

PROJECTTITLE
2019 Asphalt Rubber Cape Seal Project
2019 King City Slurry Project
Greger & Willowood Slurry Seal
Fox FieldAsphalt 4725 William] Barnes Ave., Lancaster CA DESCRIPTIONOF BlDDER'5WORK
Cape Seal
Slurry Seal
Slurry Seal
Slurry

DATEOF COMPLETION
October 2019
November 2019
December 2019
November 2019

ORIGINALCONTRACT AMOUNT
$817,000
$160,800
$261,000
$245,442
CONTACI’
Neyba Amezcua
(559) 562-7102
namezcua@|indsav.ca.us Octavio Hurtado
(831) 386-5927 [email protected] Michael Renfrow
(209) 845-3600 [email protected]
Amber Lopez
(562) 335-1048
amber@ac|opez.com

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OWNER / AGENCYI CUSTOMER
City of Phoenix
1034 Madison St., Phoenix,
AZ85003
Arizona Dept of
Transportation
1651 W. Jackson St., Phoenix,
AZ85007
Maricopa County
Department of
Transportation
320 LincolnSt, Phoenix, AZ
85007
City of Tucson
255 W. Alameda Tucson, AZ
85701
Maricopa County
Department of
Transportation
320 LincolnSt, Phoenix, AZ
85007
Town of Prescott Valley 7501 E. Skoog Blvd,Prescott
Valley. AZ86314
City of Prescott 201 S. Cortez
Street, Prescott, AZ86303
City of Page
697 Vista Avenue Page, AZ
86040
City of Yuma
1 City Plaza,Yuma AZ, 85364
City of Yuma
1 City Plaza, Yuma AZ, 85364
Maricopa Co Department of
Transportation
320 LincolnSt, Phoenix, AZ
85007
City of Goodyear
190 North Litchfield Rd,
Goodyear, AZ85338
City of Goodyear
190 North Litchfield Rd,
Goodyear, AZ85338
City of Somerton
348 N Somerton Ave,
Somerton, AZ85350
City of Needles
817 3rd St, Needles, CA
92363
City of Needles
817 3rd St, Needles, CA
92363
City of Medford
200 S. Ivy Street
Medford, OR 97501
Idaho Depart. of
Transportation
PO BOX7129
BOISE, ID 83707
VSS International, Inc.

Completed Projects List — 2020

PROJECTTITLE
City of Phoenix FAST- JOC #3
Wickenburg-PRESCOTT HIGHWAY (SR
89)
Slurry Seal Surface Treatment for
Roads County Wide
Catalina Vista Fiber Micro. Piggyback of
the Pima County Contract.

Large Crack FillingSurface Treatment
for County Roads
Chip Seal Program FY20-21
FY20 Annual Chip Seal Project CIP No.
20-014
Lake Powell Boulevard Chip Seal FY21
Pavement Maintenance - Asphalt
Material Type 3 Slurry with Fiber
and without
Chip Sealing City Streets
FallChip Seal Surface Treatment for
County Roads — PO DO210000017047-
1 High Volume FAST
Low Volume FAST
Somerton slurry/PMM/GSB
First Year Street improvements
#PW2020-1
Crack Fill& Slurry
2020 Slurry Seal Various Streets in the
City of Medford
FY20 N Bannock CO Pavement
Preservation
DESCRIPTIONOF BlDDER‘SWORK
Scrub Seal
Chip Seal
Slurry Seal
Micro
CrackSeal
Chip
Micro
Micro

PMM/GSB
Slurry & Crack
Seal
Slurry & Crack
Seal
Slurry & Crack
Seal
Chip

DATEOF COMPLETION
July 2020
Oct—2020
Jun-2020
Jun-2020
Oct—2020
Ju|—2020
Sep—2020
Sep—2020
Dec—2020
Dec—2020
Dec-2020
Dec—2020
Dec—2020
Nov—2020
Apr—2020
Apr-2020
July 2020
Sep 2020
$1,799,377.73
$962,244.10
$1,675,549.87
$947,318.23
$437,264.02
$763,459.28
$733,997.48
$63,881.43
$1,004,615.11
$90,597.20
$954,695.68
$666,554.65
$434,023.53
$217,392.30
$337,890.91
$146,240.00
$185,359.04
5,826,489.14

CONTACT
RickEvans
(602) 495-6284
Jalal Kamal
jkama|@azdit,gov
(602)712-7221
Suizi Williams
Suziwilliams@mai|.maricopa.gov
(602) 506-8600
Sarah Spencer
(520)791-5550
Suizi Williams
SuziWi||[email protected]
(602) 506-8600
Deanna Serino
[email protected]
(928)759-3072 Steve Quizzo
(928) 777-1269
KyleChristiansen
(928)645-4302
Mary E. Roman
(925)373-5114
Mary E. Roman
[email protected]
(925) 373-5114
Suizi Williams
SuziWil|[email protected]
(602) 506-8600
Dora Chavez
[email protected]
i623) 882-7834
Dora Chavez
[email protected]
(623) 882-7834
Samuel Palacios
(928) 627-4115
Tammy Ellmore
(760) 326-5740
Tammy Ellmore
(760) 326-5740
Peter Brown
peter.brown@cityofm edford.org
(541)774-2617
Eric Staats
(208) 239-3328

OR GINA CONTRAC AMOUNT T

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OWNERI AGENCY/ CUSTOMER
City of Lake Oswego
380 A Ave
Lake Oswego, OR 97034
City of Turlock
156 S. Broadway, Suite 150
Turlock, CA 95380
City of Folsom
50 Natoma Street
Folsom, CA95630
County of San Joaquin
44 N SAN JOAQUINST
STOCKTON, CA 95202
City of Fremont
3300 Capitol Avenue,
Building B
Fremont, CA 94538
California Department of
Transportation
1727 30TH ST MS 43
SACRAMENTO, CA 95816
Division of Public Works, ID
611 Wilson Street, Ste.1
Pocatello, ID83201
City of Antioch
200 H Street
Antioch, CA 94509
Bingham County, Idaho
501 North Maple #205
Blackfoot.ID 83221
County of Calaveras
777 Cypress Avenue
Redding. CA 96001
City of San Jose 200 E. Santa Clara St. 5th
Floor, San Jose, CA 95113
City of Fairfield
3rd Floor City Hall, 1000
Webster Street
Faifield, CA 94533
City of San Mateo 330 West 20th Avenue
San Mateo, CA 94403
City of ElkGrove
8401 Laguna Palms Way
ElkGrove, CA 95758
City of Livermore
1052 South Livermore Ave.

Livermore, CA 94550
Town of Danville
510 La Gonda Way Danville,
CA 94526
City of Escalon
2060 McHenry Avenue
Escalon.CA 95320
Californa Department of
Transportation
1727 30TH ST MS 43
SACRAMENTO, CA95816
VSS International, Inc.

Completed Projects List — 2020
2018-2022 Pavement Management
Program
2019 Slurry Seals Project No. 18-51
Pavement Resurfacing FY2019-2020
Slurry Seal Arterial and Collector Roads
2019-2020
2020 Cape and Slurry Seal Project
Caltrans 01-0J5004 - Del Norte County
2020 Pricing of Type 3 Microsurfacing
Antioch Cape Seal Project 2020
Type 3 Micro—surfacing Mix Material
Cape Seal 2020 BidSchedule No. 5130,
Job No. 2633
9505-2020 Major Streets Sealing
Pavement Maintenance Project 2020
Citywide Street Slurry Seal
2020 Pavement Slurry Seal and
Resurfacing Project (WPR020)
2020 Slurry Seal Project No. 2020-04
2019/20Pavement Slurry Project
2020-02 Pavement Restoration Project
Caltrans 07—4W7204 Los Angeles
County

DESCRIPTIONOF
B|DDER'S WORK
Slurry & Crack
Seal
Slurry
Chip & Slurry &
Crack Fill
Slurry
Slurry & Cape
Seal
Micro Type 3
Micro Type 3
Cape Seal
Slurry Type 3
Cape Seal
Micro
Slurry & Chip
Slurry
Slurry
Slurry
Slurry
Slurry
Slurry

DATEOF COMPLETION
Jul—2020
Sep -2020
Jul—2020
Dec-2020
Dec-2020
Dec-2020
Jul-2020
Aug-2020
Jul—2020
Jul—2020
Jan-2021
Dec-2020
Nov-2020
Oct—202O
Feb—2020
Dec-2020
Aug-2020
Dec-2020
ORIGINALCONTRACT AMOUNT $817,171.82
$796,803.80
$936,315.77
$934,753.45
$4,400,544.17
$2,539,012.23
$583,775.00
$2,622,965.06
$835,580.42
$791,217.65
$2,624,345.09
$3,260,295.15
$1,060,034.85
$1,232,652.46
$782,417.27
$1,622,387.84
$153,924.00
$1,202,325.32

CONTACT
Stefan Broadus
l503l 635-0267
RandallJones
(209) 668-5484
Ryan Chance
(916) 461-6713
Angela Meuangkhoth
(209)468-3000
Edward Nakayama
(510) 494-4775
Jeffrey Zimmerer
(707) 498-3207
Barry Miller
(208) 332-1900
Lori Medeiros
(925) 779-7050
Whitney Manwaring
(208) 782-3013
Derin Strege, P.E.
(530)225-4170
[email protected]
Anie Yeh
(408) 794-1949
Caroline Vedder
cvedder@fairfie|d.ca.gov
(707) 428-7484
Homayoun Ariasp
[email protected]
(650) 522-7332
Michael Karoly
(916) 478-3617
Saurabh Nijhawan
snijhawan@cityof|ivermore.net
Nader Salama
(925)314-3348
Jenny Thompson
[email protected]
(209) 691-7442
DanielWidjaja
818-637-8867
PROJECTT|Tl.E

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OWNER /AGENCYI CUSTOMER
County of San Luis Obispo
1055 Monterey Street, Room
D—12O
San Luiobisno. CA 93408
City of Pleasanton
123 Main Street, PO BOX520
Pleasanton, CA 94566
City of Kingsburg
1401 Draper Street
Kingsburg, CA 93631
Town of Yucca Valley
57090 Twentynine Palms
Highway
Yucca Valley, CA92284
Douglas County Oregon
1036 SE Douglas Avenue,
Courthouse Room 217
Roseburg, OR 97470
City of Dixon
600 East A Street
Dixon.CA 95620
City of Victor
32 ElmStreet
Victor, ID83455
City of Sacramento
915 I Street, 5th Floor
Sacramento, CA95814
City of Livingston
1416 C Street Livingston, CA 95334
NDOT - Fernley NV
1263 South Stewart St.

Carson City, NV89712
The City of Turlock
156 S. Broadway, Suite 150
Turlock.CA 95380
City of Placerville
3101 Center Street, 4th Floor
Placerville, CA 95667
City of Dinuba
405 E. ElMonte Way
Dinuba, CA 93618
Swanston Water Park - The
KYAGroup
3235 Sunrise Blvd,Ste 4
Rancho Cordova. CA 95742
The City of Pinole
City Hall,2131 Pear St.

Pinole, CA 94564
City of Guadalupe
918 Obispo Street
Guadalupe, CA93434
City of Lathrop
390 Towne Centre Dr
Lathrop, CA 95330
VSS International, Inc.

Completed Projects List — 2020

PROJECTTITLE
2019-2020 Surface Treatment, Various
County Roads.

Annual Slurry Seal CIP No. 20504
Marion street Cape Seal & Williams
Street Overlay
Town Wide Slurry Seal Town Project
No. 8340-2020
Slurry Seal: Green District 2020
2020 Street Resurfacing Project it
2020-01
Fiberized Microsurfacing
Upper Land Park Cape Seal Project (PN:

R15200020)
2020 Slurry Seals
US 95A MP LY59.83 — MP LY60.63
2020 Slurry Seals Project No. 20-004
Lower Main Street Asphalt
Rehabilitation Project#41910
FY19/20Street Rehabilitation Project
Swanston Water Park
2019/20Residential Slurry Seal Project
2020 Slurry Seal Project City Projct No.
2020-07
Lathrop CASenior Center & Pinecrest
Street

DESCRIPTIONOF BIDDEWSWORK
Slurry Seal
Slurry
Slurry
Slurry
Slurry
Chip & slurry
Micro Type 3
Slurry & Chip
Slurry
Slurry
Slurry
Slurry
Slurry
Asphalt Sealer
& CrackSeal
Slurry
Slurry
Slurry
DATEOF COMPLETION Nov—2020
Sep—2020
Aug-2020
Sep—2020
Jul-2020
Jan-2021
Jul-2020
Oct—202O
Oct-2020
Sep—2020
Dec-2020
Sep—2020
Nov—2020
Oct-2020
Nov—2020
Nov—2020
Oct-2020

ORIGINALCONTRACT AMOUNT
$1,022,427.53
$625,057.90
$346,701.82
$1,664,410.24
$136,500.00
$801,167.46
$88,064.42
$831,955.37
$164,657.51
$229,856.84
$1,109,301.40
$141,500.00
$598,437.47
$15,230.45
$744,334.69
$154,744.70
$74,052.54

CONTACT
Trisha Wright
(805) 781-5287
Adam Nelkie
(925) 931-5650
David Peters
[email protected]
Noel Owsley
nows|ey@yucca-va|ley.org
(760) 369-6575
Jason C. Helms
(541) 440-4274
Lynne Filson
(925) 785-7141
(203) 787-2940
Jose Ledesma
[email protected]
Nick Fontaine
[email protected]
Nanette Maxwell
nmaxwe|[email protected]
Randall Jones
rjones@tur|ock.ca.us
(209) 668-6021
Nick Stone
nstone@cityofp|acervi|le.org
I530) 642-5250
Jason Watts
(559)244-3123
Howie Nguyen Pinon
(714) 586-5195
Tamara Miller
l51OI724-9017
Shannon Sweeney
[email protected]|upe.ca.us
Ken Reed
(209) 941-7363

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1 Project No. 5725

CITY OF HEMET BID AND CONTRACT DOCUMENTS

CITY OF HEMET CONTRACTOR AGREEMENT
2021/22 CITYWIDE SLURRY SEAL – CIP 5725
This City of Hemet Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Hemet (“Agency”), and American Asphalt South, Inc. (“Contractor”) on the 22nd day of February, 2022.

In consideration of the mutual covenants and agreements set forth herein, Agency and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the Work in connection with the 2021/22 Citywide Slurry Seal – CIP 5725 to be constructed at Various streets listed in Appendix 5 of the Invitation for Bid, in the City of Hemet, California, including to furnish any and all labor, services, materials and equipment to construct and complete the Project, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the Contract Documents, including but not limited to this Agreement, approved Change Orders, Notice Inviting Bids, Instructions to Bidders, Bidder’s Proposal and Information Required for Bid Submittal, Bid Schedules, Addenda and/or Bulletins, plans, Special Provisions (Specifications), General Conditions, General Provisions, Greenbook 2018 as amended and supplemented, technical references, all other referenced documents, all codes, permit conditions and regulations, for the total amount(s) and any unit prices and additive/deductive items, including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good workmanlike manner according to any and all applicable best practices to the satisfaction of the Agency. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work.

Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s written consent has not provided shall be null and void and done at the risk and sole expense of the Contractor.

2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

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2 Project No. 5725

3. TIME FOR PERFORMANCE
Time is of the essence in Contractor’s performance of the Work for this Agreement. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. All timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with the Bid and Contract Documents. If Contractor

4. DELAYS AND EXTENSIONS OF TIME
Delays and extensions of time will be handled by Agency and Contractor pursuant to the provisions of Section 6-4 of the Special Provisions. However, Contractor must comply with the written notice requirement, as well as timely report back-up information, in strict compliance with the requirements of the provisions of Section 6-4 of the Special Provisions; Contractor’s failure to submit these items within the times specified will constitute a waiver of the extension of time and payment for delay and will be ground for refusal by the Agency to consider such request.

5. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor, and any subcontractor engaged by Contractor, must pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.

Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.

Contractor acknowledges and agrees to abide by the provisions of California Labor Code §§ 1720, et seq., as well as 1771, 1773, 1773.1, 1773.2, 1773.6, 1773.7, 1774, 1775 1776 and 1777, pertaining to the obligation to pay prevailing wages with respect to the performance of work (“Prevailing Wage Laws”). Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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3 Project No. 5725
Contractor acknowledges that under California Labor Code sections 1810 et seq., eight hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.)

6. NON-DISCRIMINATION
Contractor, its officers, agents, employees, and subcontractors may not discriminate in the employment of persons to perform the Work because of the race, religion, creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age of such person, except as may be permitted by California Government Code section 12940. Contractor is responsible for compliance with this section.

7. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Hemet shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.

8. INDEMNIFICATION
Contractor agrees to indemnify, defend and hold harmless City, its elected officials, officers, employees and agents from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys’ fees and disbursements (collectively, “Claims”), which City may suffer or incur or to which City may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of any negligent or willfully wrongful acts or omissions of Contractor, its officers, employees, agents, or subcontractors committed in performing any Work under this Contract, excluding Claims occurring as a result of the City’s sole negligence or willful acts or omissions.

If any action or proceeding is brought against City by reason of any of the matters against which Contractor has agreed to indemnify City as provided above, City need not have first paid for any of the matters to which City is entitled to indemnification in order to be so indemnified. In the event of any Claim made against City, City may, in its sole discretion, reserve, retain or apply any funds due to Contractor under this Contract for the purpose of resolving such Claim. The provisions of this section will survive the expiration or earlier termination of this Agreement.

9. CLAYTON AND CARTWRIGHT ACT ASSIGNMENTS. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract for the Project, Contractor and any or subcontractor is deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section

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4 Project No. 5725
4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Project. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties.

10. INSURANCE
Contractor agrees to have and maintain in full force and effect during the term of this Agreement the insurance coverages listed in Exhibit “C” (“Insurance”), which is made a part of this Agreement.

Further, by signing below Contractor certifies that he/she/it is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work of this Agreement. Additionally, Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code, including requiring each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”

11. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

12. PROJECT DOCUMENTATION
All data, drawings, maps, models, notes, books, documents, papers, daily reports, schedules, time and materials tickets, employee time sheets, accounting records and other evidence pertaining to costs incurred, photographs, reports, studies and other documents (collectively, “Project Documents”) prepared, developed or discovered by Contractor in the course of performing any of the Work under this Contract will become the sole property of City. Upon the expiration or termination of this Contract, Contractor must turn over all original Project Documents to City in its possession, but may retain copies of any of the Project Documents it may desire.

Contractor shall maintain the Project Documents and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the

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5 Project No. 5725
date of final payment under this Agreement any documents not turned over to Agency for inspection by Agency.

13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 13, above:
(Initial) (Initial)

14. INDEPENDENT CONTRACTOR
Contractor is and will at all times remain as to City a wholly independent contractor and shall not be an employee, agent, partner or joint venture of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services. Neither the City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City.

15. LICENSES AND PERMITS
Contractor must, at Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. In performing the Work, Contractor must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the Hemet Municipal Code.

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6 Project No. 5725

16. GENERAL PROVISIONS
a) Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations.
b) Assignment. Contractor may not assign this Contract without the prior written consent of City, which consent may be withheld in the City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract. c) Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. d) Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract. e) Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void.
f) Counterparts and Facsimile Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will have the same effect as an original signature. g) Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract.
h) Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. i) Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision.

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7 Project No. 5725
j) Venue. In the event of litigation between the Parties, venue in state trial courts will be in the County of Riverside. In the event of litigation in a U.S. District Court, venue will be in the Central District of California, in Riverside.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

AGENCY:

City of Hemet
By:

Christopher R. Lopez, City Manager
CONTRACTOR:

American Asphalt South, Inc.

By:

Name:

Its:

By:

Name:

Its:

ATTEST:

By:

John Maier, City Clerk Contractor’s City Business License No.

APPROVED AS TO FORM:

By:

Steven Graham, City Attorney
State Contractor License No. & Class
DIR Registration No. & Exp
Street Address
City, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]

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EXHIBIT A

CONTRACT DOCUMENTS
City of Hemet Contractor Agreement
Change Orders issued by Agency, signed by Contractor and (if necessary) approved by City Council Notice Inviting Bids, Instructions to Bidders, and Bidder’s Proposal and Information Required for Bid Submittal
Bid Schedule(s)
Addenda and/or Bulletins
Plans
Special Provisions (Specifications)
General Conditions
General Provisions Standard Specifications for Public Works Construction (“Greenbook”) 2018 edition as amended and supplemented
State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards Notice of Award
Notice to Proceed
Certificate(s) of Required Insurance and Worker’s Compensation Insurance Security for Payment (Labor & Materials) and Performance Escrow Agreement for Security Deposits in Lieu of Retention If there is a conflict between any of the Contract Documents, the documents highest in precedence shall control. The order of precedence of the Contract Documents shall be as provided in Section 3-

7.2 of the Special Provisions. Detail drawings shall take precedence over general drawings.

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EXHIBIT B

CONTRACT PRICE
Not to Exceed $409,245.00
The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.

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EXHIBIT C

INSURANCE

1. General Requirements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits
Commercial General Liability $2,000,000 per occurrence/$4,000,000 general aggregate
Business Automobile Liability $2,000,000 combined single limit Workers’ Compensation/Employers $1,000,000 per accident or disease Liability
Surety Bonds As described below
Professional Liability $1,000,000 per occurrence/$2,000,000 general aggregate
Contractors’ Pollution Legal Liability $1,000,000 per occurrence/$2,000,000 general aggregate
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the City.

2. Commercial General Liability Insurance. Coverage shall be at least as broad as Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. City and its officers, officials, employees, volunteers, and agents shall be included as additional insured. Coverage shall be primary as respects the City, and any insurance or self-insurance maintained by the City shall not be required to contribute.

3. Business Auto Coverage. Coverage shall be at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of hired and non-owned auto liability coverage.

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4. Workers’ Compensation. Insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

5. Surety Bonds. Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

6. Professional Liability. For professional services including design/build, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

7. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Contractor shall maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Contract.

8. Other Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by the City.

9. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There must be no cross-liability exclusion precluding coverage for claims or suits by one insured against another. Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein.

10. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the Director Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by the City Attorney of City. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination thereof, will be effective except upon 30 days prior written notice to City. The City reserves

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the right to require complete, certified copies of the insurance certificates and endorsements.

11. Accessibility of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

12. Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.

13. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, the Director may obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor.

14. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

15. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract.

Contractor acknowledges that the insurance coverage and policy limits set forth in this Contract constitute the minimum coverage and policy limits required. Any insurance proceeds available to City in excess of the limits and coverage required by this Contract, and which is applicable to a given loss, must be made available to City to compensate it for such losses.

16. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

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PAYMENT BOND
(Bond for Labor and Material)
KNOW ALL PERSONS BY THESE PRESENTS:

1.01 THAT WHEREAS, CITY OF HEMET (Owner) has awarded to American Asphalt South, Inc. as Principal, dated the 22nd day of February, 2022 (the Contract), titled the City of Hemet 2021/22 Citywide Slurry Seal – CIP 5725 in the amount of $409,245.00, which Contract is by this reference made a part hereof, for the work of the following Contract:
2021/22 Citywide Slurry Seal – CIP 5725

1.02 AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;

1.03 NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($409,245.00), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

1.04 THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.

1.05 This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.

1.06 Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.

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1.07 Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.

1.08 Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code

END OF DOCUMENT

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CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated February 22nd, 2022 is in the amount of $409,245.00 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to American Asphalt South, Inc. (Contractor), (Surety), CITY OF HEMET (Owner), or other party
shall be considered plural where applicable.

CONTRACTOR: SURETY:

American Asphalt South, Inc.

Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: 2021/22 Citywide Slurry Seal – CIP 5725, dated February 22nd, 2022, in the amount of $409,245.00.

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:

Name: Name:

Title: Title:

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BOND TERMS AND CONDITIONS

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.

2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.

3. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:

3.1 Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and

3.2 Owner has agreed to pay the Balance of Contract Sum:

3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or

3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.

4. When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:

4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or

4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or

4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or

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4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph 4.4, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.

5. At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.

6. If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations.

Surety’s obligations include, but are not limited to:

6.1 Contractor’s obligations to complete the Construction Contract and correct Defective Work;

6.2 Contractor’s obligations to pay liquidated damages; and

6.3 To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).

7. If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.

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8. If Surety elects to act under Paragraphs 4.1, 4.3 or 4.4 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.

9. No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.

10. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.

11. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Contractor regarding the Construction Contract, or in the Superior Court of the County of Riverside, California, or in a court of competent jurisdiction in the location in which the Work is located.

Communications from Owner to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.

12. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Section 1-7.1.10 of the Special Provisions. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.

13. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.

14. Definitions

14.1 Balance of Contract Sum: The total amount payable by Owner to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved Modifications to the Construction Contract.

14.2 Construction Contract: The agreement between Owner and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto.

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14.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, limited to “default” or any other condition allowing a termination for cause as provided in Section 6-7.3 of the Special Provisions).

Owner Default: Material failure of Owner, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.

END OF DOCUMENT

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Mar 08 2022
Department: Human Resources
Submitted by: Christopher Lopez, City Manager
Norma Rangel, Human Resources Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Utilize Robert Half International on an As-Needed Basis for a Two-Year Term and Authorizing the City Manager to Execute all Contracts and Purchase Orders in Support of Temporary Staffing Agency Services
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, authorizing the City Manager to utilize Robert Half International on an as-needed basis for a two-year term and authorizing the City Manager to execute all contracts and purchase orders in support of temporary staffing agency services.

BACKGROUND:

The City of Hemet utilizes temporary staffing agencies for a variety of reasons, including temporarily staffing positions held by permanent employees who resign, retire, or are currently on authorized leave from work. Human Resources currently utilizes Robert Half International to fulfill the needs expressed by City departments and divisions at various points in the year.

DISCUSSION:

Staffing agency employees help alleviate the workload and provide continued services to our constituents that would otherwise be impacted with the stoppage or slow-down of City operations.

Through our contracts with these agencies, the City is provided with skilled employees during recruitment processes and vacancies. In these instances, City operations request a temporary staff person through Human Resources, then Human Resources staff works with the respective managers to assess the needs of the department or division, and coordinate with the staffing agency listed above to provide personnel staffing.

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Robert Half International provides temporary staffing solutions to satisfy demands on an as-needed basis and at cost savings compared to current full-time employee rates. It is anticipated that temporary staffing will be needed to augment personnel resources in various operations throughout the City.

The Human Resources Division will ensure that the temporary staff are hired appropriately and will provide assistance by monitoring the total number of hours the individuals are permitted to work. The monitoring performed by Human Resources, the respective operations, and the temporary staffing agencies will ensure the City remains in compliance with CalPERS regulations and that the staffing requests are preapproved to hire for appropriate reasons.

This agreement with Robert Half International is exempt from competitive procurement under the City's piggybacking process and will follow the Houston-Galveston Area Council (H-GAC) CooperativeAgreement pricing. The agreement between Robert Half International and H-GAC was sourced competitively and provides pricing guidelines for temporary staffing assignments based on a number of criteria including the assignment's category, the number of anticipated hours for the assignment, and the actual position title fulfilling the assignment. The term of this agreement will end on May 31, 2024.

STRATEGIC PLAN INTEGRATION:

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

The proposed action aligns with the following Council adopted objective: Evaluate existing practices to ensure continuity with industry best practices.

FISCAL IMPACT:

No General Fund impact. These services are only used in instances where a vacancy occurs and salary savings are used to offset the cost of hiring temporary staff.

REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement
ATTACHMENT(S):

Resolution- Approval of Robert Half International Agreement Attachment 2: H-GAC Agreement - Robert Half International

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CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET,

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO UTILIZE

ROBERT HALF INTERNATIONAL ON AN AS-NEEDED BASIS FOR A

TWO-YEAR TERM, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE CONTRACTS AND PURCHASE ORDERS IN SUPPORT OF
TEMPORARY STAFFING AGENCY SERVICES.

WHEREAS, the Human Resources Division conducts recruitments and maintains employment lists of qualified individuals for career and temporary positions; and WHEREAS, City departments and divisions may require additional administrative, clerical, technical, or professional temporary staff to augment existing resources to deliver services and provide administrative support; and WHEREAS, if there are no available candidates from existing employment lists, City departments and divisions may use a temporary staffing agency to obtain limited-term temporary staff; and
WHEREAS, Robert Half International has skilled and qualified temporary employees to support City needs; and
WHEREAS, expenditures for these services will be paid from a variety of funding sources in budgets of individual operating departments and divisions when temporary staffing services are required.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:

Section 1. That the City Council authorizes and directs the City Manager to utilize the Houston-Galveston Area Council Cooperative Agreement with Robert Half International ("Agreement") attached hereto as Exhibit "A" and incorporated herein by this reference.

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Section 2. That the City Manager is authorized to utilize temporary staffing services under the Agreement.

Section 3. That the City Manager is authorized to execute such "Job Arrangement Letters" on a position-by-position basis, to supplement City staffing as needed.

PASSED, APPROVED AND ADOPTED this 8th day of March, 2022. ____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Maier, City Clerk
State of California )
County of Riverside )
City of Hemet )
I, John Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 8th day of March, 2022, and was passed by the following vote:

AYES: Council Members:

NOES: Council Member:

ABSTAIN: Council Member:

ABSENT: Council Member:
_________________________________
John Maier, City Clerk

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H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Robert Half International, Inc. - Public Services - ID: 6943

GENERAL PROVISIONS
This Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and Robert Half International, Inc., hereinafter referred to as the Contractor, having its principal place of business at 2884 Sand Hill Road, Menlo Park, CA 94025.

WITNESSETH:

WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:

ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Agreement and bind the Contractor to the terms of this Agreement and any subsequent amendments hereto.

ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.

ARTICLE 3: PUBLIC INFORMATION
Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part of a submission or Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. H-GAC will request such a determination only if Contractor bears all costs for preparation of the submission. H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process.

ARTICLE 4: INDEPENDENT CONTRACTOR
DocuSign Envelope ID: 11D932BD-E01E-4AEF-A04C-09875ABADA2A

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The execution of this Agreement and the rendering of services prescribed by this Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Agreement or act of H-GAC in performance of the Agreement shall be construed as making the Contractor the agent, servant or employee of H-GAC, the State of Texas or the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.

ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR
Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade.

ARTICLE 6: SUSPENSION AND DEBARMENT
Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to the Federal Rule above, Respondent certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the certification is erroneous.

ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC’s goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below:

1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;

5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

6. Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/primesubcontracting NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises DocuSign Envelope ID: 11D932BD-E01E-4AEF-A04C-09875ABADA2A

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such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency.

Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed subcontractors, provision of documented evidence that an active participatory role for a DBE entity was considered in a procurement transaction, etc.

ARTICLE 8: SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in an Attachment to this Agreement.

ARTICLE 9: PERFORMANCE PERIOD
This Agreement shall be performed during the period which begins Jun 01 2021 and ends May 31 2024. All services under this Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Agreement.

ARTICLE 10: PAYMENT OR FUNDING
Payment provisions under this Agreement are outlined in the Special Provisions. H-GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract.

ARTICLE 11: PAYMENT FOR WORK
The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of the subsequent invoice.

ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISOUNTS If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor’s submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer.

ARTICLE 13: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this agreement with notice as identified in Article 29 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement.

ARTICLE 14: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Agreement as outlined and defined in the attached Special Provisions.

ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all DocuSign Envelope ID: 11D932BD-E01E-4AEF-A04C-09875ABADA2A

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subcontracts shall result in compliance with all the terms and provisions of this Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations.

ARTICLE 16: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to HGAC.

ARTICLE 17: TAX EXEMPT STATUS
H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly.

Exemption certificates will be provided upon request.

ARTICLE 18: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement. H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges.

Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party agreements.

ARTICLE 19: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved.

ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS
Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all DocuSign Envelope ID: 11D932BD-E01E-4AEF-A04C-09875ABADA2A

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obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or service. H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities after a contract is awarded.

ARTICLE 21: CHANGE ORDERS AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.

B. To ensure the legal and effective performance of this Agreement, both parties agree that any amendment that affects the performance under this Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Agreement and shall be binding upon the parties as if written herein.

C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H-GAC.

ARTICLE 22: CONTRACT ITEM CHANGES
A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.

B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion. If the change is rejected, H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.

C. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers.

D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide thirty (30) calendar days written notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval.

DocuSign Envelope ID: 11D932BD-E01E-4AEF-A04C-09875ABADA2A

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ARTICLE 23: CONTRACT PRICE ADJUSTMENTS
Price Decreases
If Contractor’s Direct Cost decreases at any time during the full term of this award, Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor’s cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC’s receipt of Contractor’s notice. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing
Price Increases
Contractors may request a price increase for items priced as Base Bid items and Published Options after twelve (12) months from the bid opening date of the bid received by H-GAC. The amount of any increase will not exceed actual documented increase in Contractor’s Direct Cost and will not exceed 10% of the previous bid price.

Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges, or other economic factors.

Price Changes
Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g. ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes. For published catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document. The request must include the new catalog or price sheet.

All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during the course of any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer.

Requesting Price Increase/Required Documentation
Contractor must submit a written notification at least thirty (30) calendar days prior to the requested effective date of the change, setting the amount of the increase, along with an itemized list of any increased prices, showing the Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must include H-GAC Forms D Offered Item Pricing and E Options Pricing, or the documentation used to submit pricing in the original Response and be supported with substantive documentation (e.g. manufacturer's price increase notices, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line item bid. The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to the Bids and Specifications manager, William Burton, at [email protected]
Review/Approval of Requests
If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill DocuSign Envelope ID: 11D932BD-E01E-4AEF-A04C-09875ABADA2A

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any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request.

ARTICLE 24: DELIVERIES AND SHIPPING TERMS
The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor’s risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order.

Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor.

The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage.

Unless otherwise stated in the Agreement, deliveries must consist only of new and unused merchandise.

ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS)
There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor.

ARTICLE 26: MANUALS
Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered.

ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC. Customer will have the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order. Contractor is not authorized to make substitutions without prior approval.

ARTICLE 28: WARRANTIES, SALES, AND SERVICE
Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty.

Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.

ARTICLE 29: TERMINATION PROCEDURES
The Contractor acknowledges that this Agreement may be terminated for Convenience or Default.

DocuSign Envelope ID: 11D932BD-E01E-4AEF-A04C-09875ABADA2A

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H-GAC will not pay for any expenses incurred after the termination date of the contract.

A. Convenience
H-GAC may terminate this Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination.

The Contractor may cancel or terminate this Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC.

B. Default
H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Agreement, in any one of the following circumstances:
(1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Agreements that completion of services herein specified within the Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period often (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC.
(3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the Contractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H-GAC and/or the End User.

ARTICLE 30: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect.

ARTICLE 31: FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC.

ARTICLE 32: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Agreement.

A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict of interest questionnaire (CIQ) DocuSign Envelope ID: 11D932BD-E01E-4AEF-A04C-09875ABADA2A

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if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member. The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer’s close family member as defined in the law exists.

B. Certificate of Interested Parties Form – Form 1295: As required by Section 2252.908 of the Texas Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (ii) the Contractor is exempt from such requirement. The required form and instructions are located at the Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC.

ARTICLE 33: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Agreement,” If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II. Additionally, for work to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the 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 (P.L. 94-163).

ARTICLE 34: CRIMINAL PROVISIONS AND SANCTIONS
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The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act.

The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.

The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Agreement or which would adversely affect the Contractor’s ability to perform services under this Agreement.

ARTICLE 35: INDEMNIFICATION AND RECOVERY
H-GAC’s liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Agreement.

Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Agreement.

ARTICLE 36: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement.

ARTICLE 37: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Agreement.

ARTICLE 38: JOINT WORK PRODUCT
This Agreement is the joint work product of H-GAC and the Contractor. This Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party.

ARTICLE 39: PROCUREMENT OF RECOVERED MATERIAL
H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items DocuSign Envelope ID: 11D932BD-E01E-4AEF-A04C-09875ABADA2A

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designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

ARTICLE 40: COPELAND “ANTI-KICKBACK” ACT
Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

ARTICLE 41: DISCRIMINATION
Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination.

These include, but are not limited to:
a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin;
b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps;
d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age;
e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and
j) The requirements of any other nondiscrimination statute(s) that may apply to the application.

ARTICLE 42: DRUG FREE WORKPLACE
Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable.

For the purposes of this Section, “drug-free” means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may request a copy of this policy.

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ARTICLE 43: APPLICABILITY TO SUBCONTRACTORS
Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Agreement will be bound by the foregoing terms and conditions.

ARTICLE 44: WARRANTY AND COPYRIGHT
Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming.

ARTICLE 45: DATA HANDLING AND SECURITY
It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent unauthorized access to all data, products, and deliverables.

ARTICLE 46: DISPUTES
All disputes concerning questions of fact or of law arising under this Agreement, which are not addressed within the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of HGAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of HGAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Agreement and in accordance with H- GAC's final decision.

ARTICLE 47: CHOICE OF LAW: VENUE
This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas.

Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.

ARTICLE 48: ORDER OF PRIORITY
In the case of any conflict between or within this Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and, 4) Other Attachments.

ARTICLE 49: WHOLE AGREEMENT
The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the complete Agreement (“Agreement”) between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the parties.

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SIGNATURES:

H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first written above, as accepted by:

Robert Half International, Inc.

Signature $docusign:SignHere::Customer1
Name Greg Freeman

Title
Date $docusign:DateSigned::Customer1
H-GAC
Signature $docusign:SignHere::InternalSigner
Name Chuck Wemple
Title Executive Director
Date $docusign:DateSigned::InternalSi
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6/22/2021 6/24/2021

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H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Robert Half International, Inc. - Public Services - 6943

SPECIAL PROVISIONS
Incorporated by attachment, as part of the whole agreement, H-GAC and the Contractor do, hereby agree to the Special Provisions as follows:

ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Agreement, the following documents listed in order of priority are incorporated into the Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal.

ARTICLE 2: END USER AGREEMENTS (“EUA”)
H-GAC acknowledges that the END USER may choose to enter into an End User Agreement (“EUA) with the Contractor through this Agreement, and that the term of the EUA may exceed the term of the current H-GAC Agreement. H-GAC’s acknowledgement is not an endorsement or approval of the End User Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or conditions that conflict with those in Contractor’s Agreement with H-GAC. Contractor affirms that termination of its Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration. Pursuant to the terms of this Agreement, termination of this Agreement will disallow the Contractor from entering into any new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Agreement between H-GAC and Contractor.

ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement, Contractor develops a regularly followed standard procedure of entering into agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement.

H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties, benefits, or terms to H-GAC and the END USER.

EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies.

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ARTICLE 4: PARTY LIABILITY
Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.

Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.

Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Agreement.

ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify HGAC of such disputes.

ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of an END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Agreement, including sales to entities without Interlocal Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Agreement actually performed, and for which compensation was received by Contractor.

ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the END USER at the time an END USER purchase order is placed, to determine terms for any liquidated damages.

ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums:
a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit. b. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. c. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC.

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d. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period.
e. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. f. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. g. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy.

ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the END USER. Contractor shall quote a price to END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END USER's purchase order.

ARTICLE 10: ORDER PROCESSING CHARGE
H-GAC will apply an Order Processing Charge for each sale done through the H-GAC contract, with the exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the Customer.

ARTICLE 11: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Agreement.

ARTICLE 11: REQUIREMENTS TO APPLICABLE PHYSICAL GOODS
In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and with at least the following:
a. Be new, unused, and not refurbished.
b. Not be a prototype as the general design, operation and performance. This requirement is NOT meant to preclude the Contractor from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace.
c. Include all accessories which may or may not be specifically mentioned in the Agreement, but which are normally furnished or necessary to make the Product ready for its intended use upon delivery. Such accessories shall be assembled, installed and adjusted to allow continuous operation of Product at time of delivery.
d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any Customer. e. Be designed and constructed using current industry accepted engineering and safety practices, and materials.
f. Be available for inspection at any time prior to or after procurement.

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ARTICLE 12: TEXAS MOTOR VEHICLE BOARD LICENSING
All that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request.

ARTICLE 13: INSPECTION/TESTING
All Products sold pursuant to this Agreement will be subject to inspection/testing by or at the direction of HGAC and/or the ordering Customer, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Agreement, and unless otherwise agreed in advance, the cost of any inspection and/or testing, will be the responsibility of the Contractor.

ARTICLE 14: ADDITIONAL REPORTING REQUIREMENTS
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information:
a. Customer Name
b. Product/Service purchased, including Product Code if applicable c. Customer Purchase Order Number
d. Purchase Order Date
e. Product/Service dollar amount
f. HGACBuy Order Processing Charge amount
ARTICLE 15: BACKGROUND CHECKS
Cooperative customers may request background checks on any awarded contractor’s employees who will have direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost of obtaining any background information requested by the Customer.

ARTICLE 16: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL

CERTIFICATION
As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does not boycott Israel; and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, Texas Government Code:

1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and

2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

ARTICLE 17: NO EXCLUDED NATION OR TERRORIST ORGANIZATION CERTIFICATION As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) DocuSign Envelope ID: 11D932BD-E01E-4AEF-A04C-09875ABADA2A

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ARTICLE 18: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (Effective Aug. 13, 2020 and as amended October 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. ‘‘Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that Contractors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.

ARTICLE 19: BUY AMERICA ACT (National School Lunch Program and Breakfast Program) With respect to products purchased by Customers for use in the National School Lunch Program and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R. Part 210.21(d), to the extent applicable. Contractor agrees to provide all certifications required by Customer regarding such programs.

In the event Contractor or Contractor’s supplier(s) are unable or unwilling to certify compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, H-GAC Customers may decide not to purchase from Contractor. Additionally, H-GAC Customers may require country of origin on all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such requirement.

ARTICLE 20: BUY AMERICA REQUIREMENT (Applies only to Federally Funded Highway and Transit Projects)
With respect to products purchased by Customer for use in federally funded highway projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable.

Contractor agrees to provide all certifications required by Customer regarding such programs. With respect to products purchased by Customer for use in federally funded transit projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 49 U.S.C. Section 5323(j)(1), 49 C.F.R. Sections 661.6 or 661.12, to the extent applicable.

Contractor agrees to provide all certifications required by Customer regarding such programs.

ARTICLE 21: DOMESTIC PREFERENCE
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In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, a Customer using federal grant award funds should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The Customer must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award.

If Contractor intends to qualify for Purchase Orders using federal grant money, the it shall work with the Customer to provide all required certifications and other documentation needed to show compliance.

ARTICLE 22: TITLE VI REQUIREMENTS
H-GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this Agreement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

ARTICLE 23: EQUAL EMPLOYMENT OPPORTUNITY
Except as otherwise provided under 41 CFR Part 60, all Contracts and Customer Purchase Orders that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., pg.339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Contractor agrees that such provision applies to any contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and agrees that it will comply with such provision.

ARTICLE 24: CLEAN AIR AND WATER POLLUTION CONTROL ACT
Customer Purchase Orders using federal funds must contain a provision that requires the Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will remain in compliance during the term of the Contract.

ARTICLE 25: PREVAILING WAGE
Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the Davis-Bacon Act, 40 U.S.C. 276a – 276a-5, as amended, and the regulations adopted thereunder contained in 29 C.F.R. pt. 1 and 5.

ARTICLE 26: CONTRACT WORK HOURS AND SAFETY STANDARDS
As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all Customer Purchase Orders in excess of ,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of DocuSign Envelope ID: 11D932BD-E01E-4AEF-A04C-09875ABADA2A

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every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

ARTICLE 27: PROFIT AS A SEPARATE ELEMENT OF PRICE
For purchases using federal funds in excess of ,000, a Customer may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). Contractor agrees to provide information and negotiate with the Customer regarding profit as a separate element of the price for the purchase. Contractor also agrees that the total price, including profit, charged by Contractor to Customer will not exceed the awarded pricing, including any applicable discount, under any awarded contract.

ARTICLE 28: BYRD ANTI-LOBBYING AMENDMENT
Byrd Anti-Lobbying Amendment (31U.S.C. 1352) – Contractors that apply or bid for an award exceeding ,000 must file the required anti-lobbying certification. Each tier must certify to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Customer. As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352).Contractor certifies that it is currently in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) and will continue to be in compliance throughout the term of the Contract and further certifies that:

1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, 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 the awarding of a Federal contract, the making of a Federal Grant, the making of a Federal Loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a 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 a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement, Contractor shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

3. Contractor 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 subcontractors 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 certificate is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ,000 and not more than ,000 for each such failure.

DocuSign Envelope ID: 11D932BD-E01E-4AEF-A04C-09875ABADA2A

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ARTICLE 29: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS,

SUBGRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS
Contractor certifies compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (13 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15.

ARTICLE 30: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT Contractor certifies that Contractor will be in compliance 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 (Pub. L. 94-163, 89 Stat. 871).

DocuSign Envelope ID: 11D932BD-E01E-4AEF-A04C-09875ABADA2A