Agenda packet — Tulare City Council, August 1, 2023 (part 1 of 2)

City of Tulare Page 1
City of Tulare
City Council
Notice and Agenda
Tulare Public Library & Council Chamber
491 North M Street, Tulare
www.tulare.ca.gov
Tuesday, August 1, 2023
6:15 p.m. – Special Meeting
7:00 p.m. – Regular Meeting
Mission Statement
To promote a quality of life making Tulare the most desirable community in which to live, learn, play, work, worship and prosper.

Attending and Participating in Meetings
Regular Council Meetings are held on the first and third Tuesdays of the month in the Council Chamber located in the Tulare Public Library at 491 North M Street, Tulare, subject to cancellation. Additional meetings of the City Council may be called as needed.

Attend meetings in person or access the meeting live via YouTube. For those that wish to provide public comment while not physically in attendance, call (559) 366-1849 during Public Comments and/or Public Hearing and General Business items. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute device used for viewing the meeting.

City of Tulare YouTube Channel:
https://www.youtube.com/channel/UCdWZiv2o7do1JY0OvGe1_aw/videos Documents related to items on the agenda are accessible on the City’s website at www.tulare.ca.gov and available for viewing at the entrance of the Council Chamber.

Rules for Addressing Council
• Members of the public may address the City Council on matters within the jurisdiction of the City of Tulare.
• If you wish to address Council, please complete one of the yellow speaker cards located at the entrance to the Council Chamber and provide to the Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address the Council during the time that Council is considering that agenda item. Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the Public Comments portion of the meeting.
• When invited by the mayor to speak, please step up to the podium, state your name and city where you reside, and make your comments. Comments are limited to three minutes per speaker.

Americans with Disabilities Act
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification from the City Clerk’s Office at (559) 684-4200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting.

Agri-Center of the World
Mayor
Terry A. Sayre, District 2
Vice Mayor
Patrick Isherwood, District 5
Councilmembers
Jose Sigala, District 1
Stephen C. Harrell, District 3
Dennis A. Mederos, District 4
City Council Agenda – Special and Regular Meetings August 1, 2023 City of Tulare Page 2
NOTICE IS HEREBY GIVEN, pursuant to section 54956 of the California Government Code, that a special meeting of the City Council of the City of Tulare is hereby called.

1. CALL TO ORDER SPECIAL MEETING

2. PUBLIC COMMENT PERTAINING TO CLOSED SESSION ITEMS - Comments are limited to items to be discussed in closed session. Speaker will be allowed three minutes each per item.

3. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

3.1 Conference with Labor Negotiators (Government Code § 54957.6) Agency Representatives: Mario Zamora, Marc Mondell, Janice Avila, Michael Ott Employee Organization: Tulare Professional Fire Fighter Association - NonManagement; Tulare Professional Fire Fighter Association - Management

4. RECONVENE FROM CLOSED SESSION

5. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.

6. ADJOURNMENT OF SPECIAL MEETING
7:00 p.m. - REGULAR MEETING

7. CALL TO ORDER REGULAR MEETING

8. PLEDGE OF ALLEGIANCE AND INVOCATION - Dennis Sunderland, Pastor of Tulare Bethel Church, to deliver invocation.

9. PRESENTATIONS

9.1 Adventist Health Tulare Update.

10. PUBLIC COMMENTS - This is the time for the public to comment on matters within the jurisdiction of the Tulare City Council that are not on the agenda. The Council asks that comments are kept brief and positive. The Council cannot legally discuss or take official action on request items that are introduced tonight. This is also the time for the public to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to Public Hearing or General Business items will be heard at the time those items are discussed. In fairness to all who wish to speak, each speaker will be allowed three minutes with a maximum time of 15 minutes per item unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence.

11. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office 10 days prior to a Council Meeting to be considered for this section of the agenda. No action will be taken on matters listed under communications; however, the Council may direct staff to schedule issues raised during communications for a future agenda. Public comments will be limited to three minutes per topic unless otherwise extended by Council. 6:15 p.m. – SPECIAL MEETING (CLOSED SESSION)
City Council Agenda – Special and Regular Meetings August 1, 2023 City of Tulare Page 3

12. COUNCIL REPORTS AND ITEMS OF INTEREST

13. CONSENT CALENDAR - All Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

13.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

13.2 Special and/or Regular Meeting Minutes of July 18, 2023.

Recommended Action: Approve as submitted. [M. Hermann]

13.3 Notice of Completion – EN0090 Sequoia-Spruce Tracts Improvements Project.

13.4 Construction Contract for Project No. PK0038 – Prosperity Sports Park Basketball Courts.

Recommended Action: [M. Miller] Award and authorize the City Manager to sign contracts related to City Project PK0038, a project to construct two basketball courts at Prosperity Sports Park; authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount; and approve the revised budget.

1. Contractor Todd Companies of Visalia, CA $ 317,250.00

2. Construction Surveying Guida Surveying, Inc. of Fresno, CA $ 12,100.00

3. Labor Compliance
Monitoring
Labor Consultants of California of
Hanford, CA $ 5,100.00

4. Materials Testing CTL of Exeter, CA $ 8,930.00

13.5 Asphalt Contract with Deer Creek.

13.6 Veterinary Services Agreement.

Recommended Action: Approve a three-year agreement for veterinary services with Valley Veterinary Services for an amount not to exceed $2,500 per month. [M.

Machado]
City Council Agenda – Special and Regular Meetings August 1, 2023 City of Tulare Page 4

14. PUBLIC HEARINGS - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

14.1 Placing Public Improvement Loans on Tax Roll.

Recommended Action: Adopt a resolution placing costs associated with connection of existing improved properties to the City’s water and/or wastewater systems, and/or the construction of sidewalks, gutters, pavement, driveways, and curbs on existing improved properties within the City on property tax rolls in installments. [D. Ibañez]

14.2 First Reading of Quimby Act Ordinance.

Recommended Action: Pass-to-print an ordinance providing for adoption of the proposed Quimby Act Ordinance, to be added as Chapter 8.26 of the Tulare Municipal Code, and implementation of the provisions of the Quimby Act as described herein. [M. Anaya]

15. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

15.1 First Reading of Street Racing and Spectator Ordinance.

Recommended Action: Pass-to-print an ordinance adding Chapter 32 of Title 6 of the Tulare Municipal Code related to street racing. [J. Boatman]

15.2 Women’s Clubhouse Repairs.

Recommend Action: Provide direction on the Women’s Clubhouse repairs. [M.

Correa]

16. FUTURE AGENDA ITEMS

16.1 Discuss Feasibility of Cultural Arts Center in Downtown.

Recommend Action: Review and provide direction to either add to a future agenda or not. [Councilmember Harrell]

17. STAFF UPDATES

18. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, August 15, 2023, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

AFFIDAVIT OF POSTING AGENDA
I hereby certify, in conformance with Government Code Sections 54954.2 and 54956, this notice and agenda was posted in the kiosk at the front of City Hall, 411 E. Kern Avenue, as well as on the City of Tulare’s website (www.tulare.ca.gov).

DATE & TIME POSTED: Thursday, July 27, 2023
Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: August 1, 2023 Agenda Memo
Date: July 27, 2023
Time Estimates - Time estimates are provided as part of the Council’s effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council, by consensus, reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Items may be heard before or after the time estimated on the agenda. This may occur to best manage the time at a meeting or to adapt to the participation of the public. 6:15 p.m. - SPECIAL MEETING (CLOSED SESSION)

1. CALL TO ORDER SPECIAL MEETING

2. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION - Comments are limited to items to be discussed in closed session. Each speaker will be allowed three minutes.

3. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

4. RECONVENE FROM CLOSED SESSION

5. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.

6. ADJOURNMENT OF SPECIAL MEETING
7:00 p.m. - REGULAR MEETING

7. CALL TO ORDER REGULAR MEETING

8. PLEDGE OF ALLEGIANCE AND INVOCATION - Dennis Sunderland, Pastor of Tulare Bethel Church, to deliver invocation.

9. PRESENTATIONS [Time Estimate: 7:05-7:45 p.m.]

9.1 Adventist Health Tulare Update.

Tulare City Council Page 2
Agenda Memo – August 1, 2023

12. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 8:00-8:05 p.m.]

13.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

13.2 Special and/or Regular Meeting Minutes of July 18, 2023.

Recommended Action: Approve as submitted. [M. Hermann]

13.3 Notice of Completion – EN0090 Sequoia-Spruce Tracts Improvements Project.

Recommended Action: Accept as complete the contract with 99 Pipeline, Inc. of Porterville, CA for work on Project EN0090 – Sequoia-Spruce Tracts Improvements, a street and utility improvement project on Spruce St., between Bardsley Avenue and Tulare Avenue; authorize the City Engineer to sign the Notice of Completion; and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [M. Miller]
Summary: This Capital Improvement Project EN0090 addressed pavement, utility infrastructure, and ADA sidewalk improvements on Spruce St., Birch Ave., Kern Ave., Dayton St., Sequoia Ave., Sierra Ave., between Bardsley Avenue and Tulare Avenue.

The project brought substandard and deteriorated water, sewer, and surface water infrastructure up to current standards. This project was included in the approved 2019- 2024 Capital Program budget.

On March 19, 2021, the City Council awarded a contract to 99 Pipeline, Inc. of Porterville, CA in the amount of $6,045,366.78.

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Agenda Memo – August 1, 2023
Fiscal Impact & Funding Sources: The project was funded through a combination of Gas Tax, Water, Sewer, and Surface Water funds.

A summary of contract costs is as follows:

Approved Contract Amount: $ 6,045,366.78
Bid Item Quantity Adjustments & Reductions $ -157,682.38 (-2.61%) Contract Change Orders – Various: $ 55,017.21 (0.91%)
Total Construction Contract Cost: $ 5,942,701.61
Additional work consisted of changes made by the Streets, Water and Sewer Departments due to unforeseen and differing field conditions, replacement of additional damaged curb and gutter, aesthetic improvements to the ADA curb ramps, and other various bid item quantity adjustments. Alternatively, deducts were taken due to material and workmanship that failed to meet the required specifications, but was found to be in the best interest of the City to remain in place.

All work required of 99 Pipeline, Inc. under this contract has been completed in accordance with the approved plans and specifications. The contractor has also provided the required Maintenance Bond in the amount equal to 10% of the final contract amount.

EN0090-050-0601
122 – Gas Tax (RMRA)
021 – Measure R-Local
610 – Water CIP (Bonds)
615 – Sewer Wastewater CIP
647 – Surface Water CIP
Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny – Should Council deny the request to accept as complete the contract with 99 Pipeline Inc. at this time will prevent the City from releasing payment of the retention amount owed $296,498.02 to the Contractor and prevent the City from filing a notice of completion with the County.

Thus, postponing the start of the 1-year maintenance bond on the project. Without specific written findings of the justifications of delaying payment could open the City up to litigation for damages caused by delay; or 3) Table – The postponement of filing the notice of completion after final acceptance of the project requirements, may result in the City owing the Contractor interest on monies withheld. Postponement of notice of completion ties up the Contractors bonding capacity preventing them from bidding on alternate projects. Without specific written findings of the justifications of delaying payment could open the City up to litigation for damages caused by delay.

13.4 Construction Contract for Project No. PK0038 – Prosperity Sports Park Basketball Courts.

Recommended Action: [M. Miller] Award and authorize the City Manager to sign contracts related to City Project PK0038, a project to construct two basketball courts at Prosperity Sports Park; authorize the City Manager or designee to approve contract Tulare City Council Page 4
Agenda Memo – August 1, 2023
change orders in an amount not to exceed 10% of each contract amount; and approve the revised budget.

1. Contractor Todd Companies of Visalia, CA $ 317,250.00

2. Construction Surveying Guida Surveying, Inc. of Fresno, CA $ 12,100.00

3. Labor Compliance
Monitoring
Labor Consultants of California of
Hanford, CA $ 5,100.00

4. Materials Testing CTL of Exeter, CA $ 8,930.00
Summary: On January 18, 2022, the City Council authorized staff to apply for grant funds from the State of California via Prop 68 – Per Capita Grant Program in the amount of $177,952.00 for the construction of basketball courts at Prosperity Sports Park. The City match for the grant was anticipated to be $44,488. The project had been recommended to the City Council by the Tulare Parks and Recreation Commission on June 8, 2021. The Per Capita Grant Program funds are available for local park rehabilitation, creation, and improvements. Grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address underserved neighborhoods with regard to outdoor recreational opportunities.

A single basketball court currently exists at Prosperity Sports Park, but it is in poor condition. Staff prepared plans and specifications for construction of two basketball courts with one of the courts intended as a replacement for the existing one. However, when preparing the bid package (RFB 23-784) for the project, staff identified the base project as a single, new basketball court placed adjacent to the existing one. An “AddAlt” was included for construction of a second basketball court to replace the existing one. This was done due to uncertainties regarding the estimated costs for a project of this type and to ensure that the City had a lower cost alternative should construction of two courts prove to be cost-prohibitive.

The City received one bid for the project from Todd Companies of Visalia, CA. The bid was reviewed and deemed to be responsive to the requirements of the RFB.

Various other construction support services are required for the project to ensure the facilities will be built in compliance with the plans and specifications. It will be necessary to supplement City staff with various consultant services from the City’s list of on-call consultants. The following construction support contracts are recommended for award:
(a) Construction Surveying & Staking: Guida Surveying, Inc.

During the course of constructing improvements, it will be necessary to provide construction staking so the Contractor has the necessary locations and elevations to properly construct the improvements. Survey services include field and office surveying.

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Agenda Memo – August 1, 2023
As a professional service performed by a licensed surveyor, these services cannot be included in a competitively bid construction contract, and therefore cannot be performed under the Contractor’s contract. Furthermore, staff does not have the time nor professional qualifications to perform these services.

A Request for Qualifications (RFQ) for On-Call Construction Surveying Services was issued on June 29, 2022, out of which five firms were recommended for inclusion on a list of prequalified construction surveying consultants. The staff recommended list was approved by the City Council at their September 20, 2022, meeting.

Guida Surveying, Inc. of Fresno, CA is included on the list of On-Call Construction Surveying consultants and demonstrated in their proposal that they have the skills, expertise and resources available to meet the City’s needs and timeframe to complete the work on this project. Guida Surveying, Inc. has reviewed the scope of the Sycamore & San Joaquin Improvement Project and has proposed to perform the necessary services on a time and materials basis, not to exceed $12,100. This amount is in line with industry standards and with what the City has experienced on projects with similar scopes of work. (b) Labor Compliance Monitoring: Labor Consultants of California This project is subject to prevailing wage requirements. To ensure proper wages are paid and accounted for in accordance with the ever-changing requirements under state and federal law, it will be necessary to perform labor compliance monitoring of those contractors and consultants subject to these requirements.

Due to the complexities involved, the City simply does not have the resources available to perform this work.

A Request for Qualifications for On-Call Labor Compliance Monitoring Services was issued on July 12, 2022, out of which three firms were recommended for inclusion on a list of prequalified Labor Compliance Monitoring consultants. The staff recommended list was approved by the City Council at their September 20, 2022, meeting.

Labor Consultant of California (LCOC) of Hanford, CA is included on the list of pre-qualified On-Call Labor Compliance Monitoring consultants and has demonstrated in their proposal that they have the skills, expertise, and resources available to meet the City’s needs and timeframe to complete the work on this project. LCOC has reviewed the scope of this project and has proposed to perform the necessary services on a time and materials basis, not to exceed $5,100.00, in accordance with the provisions of their on-call contract. This amount is in line with industry standards and with what the City has experienced on projects with similar scopes of work.
(c) Materials Testing: CTL
During the course of constructing the improvements associated with this project, it will be necessary to perform materials testing to ensure compliance with City standards. Material testing services including laboratory testing are outside the capabilities of the City.

Tulare City Council Page 6
Agenda Memo – August 1, 2023
A Request for Qualifications for On-Call Geotechnical and Materials Testing Services was issued on July 12, 2022, out of which seven firms were recommended for inclusion on a list of prequalified Geotechnical and Materials Testing consultants. The staff recommended list was approved by the City Council at their September 20, 2022, meeting.

CTL of Exeter, CA is included on the list of pre-qualified On-Call Geotechnical and Materials Testing consultants and has demonstrated in their proposal that they have the skills, expertise, and resources available to meet the City’s needs and timeframe to complete the work on this project. CTL has reviewed the scope of this project and has proposed to perform the necessary services on a time and materials basis, not to exceed $8,930.00, in accordance with the provisions of their on-call contract. This amount is in line with industry standards and with what the City has experienced on projects with similar scopes of work.

City staff (Project Management Division) will provide construction management.

The State grant was approved for $177,952.00. The total project cost, including additional lighting improvements not initially contemplated at the time of grant application, consultant costs, and staff costs, is $395,092.00. Funding for the City’s portion of the project cost will be through the Parks & Recreation Facilities category of the City’s Development Impact Fee Program.

Fiscal Impact & Funding Sources:

PK0038
Fund 601 – State Prop 68 Per Capita Grant Program $177,952.00 Fund 390 – DIF Parks & Recreation Facilities $217,140.00 Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes – City staff will incorporate changes directed by City Council; 2) Deny – Denying would require that City staff rebid the project. In such instance, it is unlikely that the City could deliver the project within the required timelines associated with the State grant funding. The loss of grant funding would result in either the cancellation of the project or would require it be entirely funded with City funding sources; or 3) Table – Delay in awarding the construction contracts for the project could result in the City not being able to meet the required timelines associated with the State grant funding. The loss of grant funding would result in either the cancellation of the project or would require it be entirely funded with City funding sources.

13.5 Asphalt Contract with Deer Creek.

Recommended Action: Award and authorize the City Manager to sign a contract with Jaxon Enterprises, DBA Deer Creek Asphalt (Deer Creek), of Redding, CA in the amount of $54.75/ton for 3/8” Plant Run Cold Mix with Oil, $54/ton for ½” Plant Run Cold Mix with Oil and $60.00/ton for ½” Hot Asphalt Concrete, subject to minor conforming or clarifying changes acceptable to the City Attorney. [T. Whitfield] Tulare City Council Page 7
Agenda Memo – August 1, 2023
Summary: As a part of the City’s Pavement Management Program, the Streets Division annually programs transportation funding for minor street repair projects such as reclamite, fiber seal, chip seal, or overlay project to stabilize and extend the life of city streets. This is a maintenance project that is independent from any of the capital projects currently scheduled and approved and will be funded from the annual Transportation Pavement Management program.

Through the annual Pavement Management program, there is approximately $300,000 available for minor street repair projects. A contract for the 3/8” Plant Run Cold Mix with Oil, ½” Plant Run Cold Mix with Oil and ½” Hot Asphalt Concrete would give staff the ability to do up to 11 overlay projects at a cost of approximately $308,000 over the current fiscal year. A list of the proposed overlay streets is attached (Attachment 1). The overlay projects can be completed by City staff using the new paver that was purchased in April 2019. This also locks in the price for material used for pothole patching for one year.

Similar overlay projects were completed as follows in 2022/2023 and these streets have held up well since that time. Staff anticipates that this project will extend the life of the selected locations between eight and ten years.
1) Welch Drive from Beatrice Drive to L Street
2) Phase 1 & 2 – Paige and Hwy. 99 northbound exit
3) Paige and Laspina westbound - widening right turn pocket 4) Cross Avenue from West Street to Maricopa
5) Bardsley west of Morrison, westbound lane
6) Hillman and Hwy. 99 northbound offramp at Hillcrest
7) Hillman and Leland and Hillman and Corvina
The City’s Purchasing Policy (Section 4, page 18, C) allows for the use of “Cooperative Purchasing or Piggy-Back” contracts to take advantage of competitively bid purchasing if it would “provide the City with benefits.” Awarding this contract to Deer Creek allows staff to move forward in an expeditious manner to complete this work while the weather allows it, because this product has recently been competitively bid by another public agency.

Tulare County awarded a contract for the purchase of the 3/8” Plant Run Cold Mix with Oil, ½” Plant Run Cold Mix with Oil and ½” Hot Asphalt Concrete to Deer Creek in June 2023 after advertising for competitive bids. Deer Creek has agreed to hold the prices for those same products through June 30, 2024, as follows:
1) 3/8” Plant Run Cold Mix with Oil $54.75 per ton
2) ½” Plant Run Cold Mix with Oil $54.00 per ton
3) ½” Hot Asphalt Concrete $60.00 per ton
The contracts between the County of Tulare and Deer Creek for the three materials are attached (Attachments 2).

Fiscal Impact & Funding Sources: Funding for this work is budgeted annually in the Annual Transportation – Pavement Management project account #ST0006.

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Agenda Memo – August 1, 2023
Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If this contract is not approved, staff will have to get separate bids every time they need to purchase cold or hot mix. This will slow down projects and could affect response time to traffic safety concerns.

13.6 Veterinary Services Agreement.

Recommended Action: Approve a three-year agreement for veterinary services with Valley Veterinary Services for an amount not to exceed $2,500 per month. [M.

Machado]
Summary: The City requested proposals for veterinary services for the Tulare Animal Services Facility. In accordance with the California Department of Consumer Affairs/Veterinary Medical Board, every shelter facility within the state of California shall obtain a “premise permit.” The permit requires each facility to have a California Licensed veterinarian who is both current and active and has a current Drug Enforcement Agency (DEA) number for prescribed pharmaceuticals. The permit also sets the guidelines for minimum standards, which the veterinarian of the record shall be ultimately responsible for, and the oversight of the care and custody of the animals as described in detail within:

Sections 4853, 4854, 4855 4856 of the Business and Professions Code, Division 2, Chapter 11, Article 3 and sections 2030 and 2032.5 of the California code of Regulations, Title 16, Division20, Article4.

The veterinarian will provide oversight and review of all pharmaceuticals used in both the field and at the facility. Other responsibilities include supplying prescriptions or medications as needed, reviewing sanitation protocols, and adoption procedures.

The need for a new proposal was due to Dr. Cecile Shafer resigning as shelter veterinarian for Tulare Animal Services.

Valley Veterinary Services has 5 years’ experience in general practice veterinary medicine in all animals including large, small and exotics. Valley Veterinary Services oversees the Kings County Animal Services. They also provide Veterinarian services for several shelters in the Kings and Fresno County area.

Fiscal Impact & Funding Sources: There are sufficient funds in the 001-4105-2104 Fund to support this contract.

Legal Review: This agreement was reviewed by the City Attorney’s Office.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If this agreement is not approved, it will reduce the ability to care for animals located in the Tulare Animal Shelter by not having a licensed veterinarian assigned to the shelter.

Supplying medications and prescriptions will not occur. All animals will have to be transported to a veterinarian hospital for any care and medications to be prescribed.

These transports are both costly and take a considerable amount of staff time. The Tulare City Council Page 9
Agenda Memo – August 1, 2023
facility will not have any oversight of procedures and operations of the Tulare Animal Shelter.

The Tulare Animal Shelter has facilities to perform spay and neuter to both shelter animals and animals belonging to the citizens of Tulare. In order to perform this type of procedure and to be compliant with the above Business and Professions code and California Code of regulations the shelter must have a veterinarian on contract.

14. PUBLIC HEARINGS - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

14.1 Placing Public Improvement Loans on Tax Roll. [Time Estimate: 8:20-8:30 p.m.] Recommended Action: Adopt a resolution placing costs associated with connection of existing improved properties to the City’s water and/or wastewater systems, and/or the construction of sidewalks, gutters, pavement, driveways, and curbs on existing improved properties within the City on property tax rolls in installments. [D. Ibañez] Summary: In 1997, the Board of Public Utilities Commissioners and the City Council approved resolutions authorizing the adoption of the provisions of Streets and Highways Code Section 5870 et. Seq., under the 1911 Act. These provisions provide for the financing of certain public works related costs and declaring the repayment of the same to be assessed against property owners and placed on the property tax rolls.

The City has entered into 27 agreements with various property owners to construct and finance connections, primarily to City sewer services, and place those costs on property tax rolls in installments. Prior to sending the assessments to the County of Tulare, a public hearing is required to allow anyone objecting and wanting to address the City Council.

Fiscal Impact & Funding Sources: There is no fiscal impact to the current FY 23-24 budget.

Legal Review: This item does not require legal review.

Alternative Action: No alternative action is proposed at this time as this is an annual procedure.

14.2 First Reading of Quimby Act Ordinance. [Time Estimate: 8:30-8:50 p.m.] Recommended Action: Pass-to-print an ordinance providing for adoption of the proposed Quimby Act Ordinance, to be added as Chapter 8.26 of the Tulare Municipal Code, and implementation of the provisions of the Quimby Act as described herein. [M. Anaya]
Summary: Government Code Section 66477 (also known as the "Quimby Act") authorizes the legislative body of a city to, by ordinance, require the dedication of land or payment of fees in lieu thereof ("Quimby Fees"), or a combination of both, for park and recreational purposes as a condition to the approval of any tentative map. On October 7, 2014, the Tulare City Council adopted a comprehensive General Plan for Tulare City Council Page 10
Agenda Memo – August 1, 2023
the City which includes an Open Space and Conservation Element. The City’s Open Space and Conservation Element contemplates the City will adopt an ordinance pursuant to the Quimby Act (Implementation Measure COS-13 ) and provides policies and standards for parks and recreational facilities the dedication and fee requirements will ultimately provide.

As set forth in more detail in the Open Space and Conservation Element of the City's General Plan and the Parks Master Plan, the recommended level of service and goal of the City is to provide four acres of developed park area per 1,000 City residents.

The amount of existing park area in the City is currently below four acres of park area per 1,000 City residents. As such, the City Council has determined that there is a current and immediate need to create a new Chapter 8.26 to the Tulare Municipal Code. The enactment of this Chapter prevents new residential development from significantly further reducing the quality and availability of public services provided to residents of the City by requiring new residential development to contribute to the cost of expanding the availability of park and recreational facilities and amenities in the City.

The Quimby Act authorizes the City to require developers to provide up to four acres of park area (and/or Quimby Fees) per 1,000 residents if the current existing service level of park area exceeds four acres per 1,000 residents, or no more than three acres per 1,000 residents if the current existing service level of developed park area is less than four acres per 1,000 residents. Thus, the parkland dedication and Quimby Fee requirements in the proposed amendments to the Municipal Code do not exceed this limit. The parkland dedication and Quimby Fee requirements only apply to residential developments that require the approval of a tentative map or parcel map. Developers, land use attorneys, consultants, and the Building Industry Association of Tulare and Kings County (BIA) were consulted and provided an opportunity to review the proposed Quimby Act. Their input has been incorporated into the proposed Quimby Act Ordinance.

The proposed Quimby Act Ordinance was presented to the Parks and Recreation Commission at their meeting on June 13, 2023. The Parks and Recreation Commission unanimously approved recommending the proposed Ordinance be scheduled for a public hearing held by the Planning Commission. The Planning Commission held a public hearing on this proposed Quimby Act Ordinance at their meeting on July 10, 2023. The Planning Commission recommended 4 to 1 for City Council to approve and adopt the proposed Quimby Act Ordinance.

Fiscal Impact & Funding Sources: The Quimby Fees collected under this proposed Ordinance will be allocated for the purpose of developing new or rehabilitating existing park and recreational facilities to serve the residential development for which the dedication and fee requirements are imposed.

Legal Review: The proposed ordinance was reviewed by legal counsel and revised based on the City Attorney’s comments.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If the ordinance is denied or tabled, it will affect the City’s ability to require the dedication of land or Tulare City Council Page 11
Agenda Memo – August 1, 2023
payment of fees in lieu thereof ("Quimby Fees"), or a combination of both, for park and recreational purposes as a condition to the approval of any residential tentative map.

15. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

15.1 First Reading of Street Racing and Spectator Ordinance. [Time Estimate: 8:50-9:05 p.m.]
Recommended Action: Pass-to-print an ordinance adding Chapter 32 of Title 6 of the Tulare Municipal Code related to street racing. [J. Boatman] Summary: During recent years, the Tulare Police Department has noticed a significant rise in reckless driving and speed contest related calls for service. It is not uncommon for these calls for service to include traffic accidents, which have resulted in injury and/or significant property damage. With the growing popularity of street racing and side-show events being promoted through various social media platforms, we are now experiencing organized events of this nature within the City of Tulare.

These events have resulted in hundreds of vehicles and spectators congregating in business parking lots within the City of Tulare. Recently the Tulare Police Department has learned that many of these vehicles and spectators come from other cities, some as far as Northern California and/or Southern California. These events routinely transition to public roadways, where the participants drag race and display exhibitions of speed (side-shows) for the purposes of social media video posts. These events pose a great risk to public safety, and negatively affect the quality of life of nearby residents. Ordinances such as this have proven effective in minimizing the amount of participation and promotion of these dangerous events.

Fiscal Impact & Funding Sources: There is no fiscal impact associated with this action.

Legal Review: This item has been reviewed by legal and has been approved for submission.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

15.2 Women’s Clubhouse Repairs. [Time Estimate: 9:05-9:20 p.m.] Recommended Action: Provide direction on the Women’s Clubhouse repairs. [M.

Correa]
Summary: The Women’s Clubhouse is located at 88 west Tulare Ave and was built in the 1800s. The building has not been utilized in eight years. To prolong the building’s life, some repairs are necessary such as a new roof (or temporary repair), resealing the building (windows/vents), capping off gas lines, disconnecting electric lines, and installing a spark screen/rain cap at the chimney (bird/pest prevention). As requested by Council, the Office of Safety, Compliance & Facilities received the quotes for the weatherization as well as the cost to relocate the Women’s Clubhouse building 1,500 feet west of the current location.

Tulare City Council Page 12
Agenda Memo – August 1, 2023
The City received three quotes, two options for the roof and one for the weatherization.

Roof Work Options
A+ Roofing Roof Repair Only; includes installing any needed plywood and comp shingle to match.
$ 2,400.00
A+ Roofing Roof Replacement $48,500.00
Weatherization
SANCO Weatherization; includes crane fees, board up of
exterior windows, foundation vent board,
disconnection of dual packs (capping off gas lines
and disconnecting power lines), door removal (or
sealing) and brick work, brick voids & maintenance,
and chimney cap.
$ 7,700.00
The City also received one quote for the relocation.

Relocation
Dinuba House
Movers
Relocate building in sections to be determined;
lower onto new foundation supplied and installed by
others.
$380,000.00
Fiscal Impact & Funding Sources: There is no fiscal impact associated with this item at this time. Depending on the direction received from Council, staff will evaluate options for funding.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

16. FUTURE AGENDA ITEMS [Time Estimate: 9:20-9:20 p.m.]

16.1 Discuss Feasibility of Cultural Arts Center in Downtown.

Recommended Action: Review and provide direction to either add to a future agenda or not. [Councilmember Harrell]

17. STAFF UPDATES [Time Estimate: 9:20-9:25 p.m.]

18. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, August 15, 2023, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

City of Tulare Page 1

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Council Chamber
491 North M Street, Tulare
Tuesday, July 18, 2023
7:00 p.m. - Regular Meeting
COUNCIL PRESENT: Mayor Terry A. Sayre
Councilmember Jose Sigala
Councilmember Stephen C. Harrell
Councilmember Dennis A. Mederos
COUNCIL ABSENT: Vice Mayor Patrick Isherwood
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario Zamora; Chief Deputy City Clerk Melissa Hermann; Assistant City Manager Josh McDonnell; Chief Financial Officer Diego
Ibanez; City Engineer Michael Miller; Community Services Director Jason Glick; Police Chief Fred Ynclan; Fire Chief Michael Ott; Human Resources Director Janice Avila;
Community Development Director Mario Anaya; Executive
Director of Economic Development and Redevelopment Traci Myers; Assistant Community Services Director Brian Beck

1. CALL TO ORDER
Mayor Sayre called the regular meeting of the City Council to order at 7:01 p.m. in the Council Chamber located at 491 North M Street.

2. PLEDGE OF ALLEGIANCE AND INVOCATION
Councilmember Sigala led the Pledge of Allegiance, and an invocation was given by Father Ivan Hernandez of St. Rita’s Catholic Church.

3. PRESENTATIONS

3.1 Proclamation for Parks and Recreation Month, July 2023. Mayor Sayre read and presented the proclamation to Community Services Director Jason Glick and Assistant Community Services Director Brian Beck.

4. PUBLIC COMMENTS
There were no public comments.

5. COMMUNICATIONS
City Manager Marc Mondell advised there was one communication, a letter received from former Tulare City Manager Lynn Dredge addressed to the Council expressing his gratitude.

6. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported out on recent events and discussed items of interest.

Item #: 13.2
Consent
City Council Meeting Minutes July 18, 2023
City of Tulare Page 2

7. CONSENT CALENDAR
Items 7.2, 7.4, 7.7, and 7.12 was removed from the Consent Calendar by Council.

It was moved by Councilmember Sigala, seconded by Councilmember Harrell, and carried 4 to 0 (Vice Mayor Isherwood absent) to approve the items on the Consent Calendar as presented except for items 7.2, 7.4, 7.7, and 7.12.

7.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

7.3 Purchase Vehicle for Fire Department.

Recommended Action: Award the purchase of one new/unused 2023 Ford F150 truck to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $51,417.22, which includes all fees, tax, and shipping. [T. Whitfield]

7.5 Termination of Proclamation of Local Emergency.

Recommended Action: Adopt a resolution terminating the Proclamation of Local Emergency declared on March 21, 2023, in response to significant weather activity. [M. Ott]

7.6 Self-Contained-Breathing-Apparatus (SCBA) Appropriation Request.

Recommended Action: Authorize appropriation in the amount of $166,252.44 to finalize the purchase of the Self-Contained-Breathing-Apparatus (SCBA). [M. Ott]

7.8 Construction Management Contract for Project FM0046 – Courthouse Renovation and Parking Lot Rehabilitation.

Recommended Action: Authorize the City Manager to sign a contract with 4Creeks of Visalia, CA in an amount not to exceed $387,635 for construction management services associated with City Project FM0046, a capital improvement project to renovate the former Tulare-Pixley County Courthouse and rehabilitate the City Hall Parking Lot; Authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($38,764) of the contract amount, and approve the updated project scope and budget. [M. Miller]

7.9 Final Map Acceptance for Oakcrest Phase 2 Subdivision.

Recommended Action: Conditionally approve the final map and subdivision improvement agreement for Phase 2 of the Oakcrest Subdivision for recordation, and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items prior to September 16, 2023. [M. Miller]

7.10 June 2023 Investments Report.

Recommended Action: Accept the monthly investments report for June 2023. [D. Ibanez]
City Council Meeting Minutes July 18, 2023
City of Tulare Page 3

7.11 On-Call Building Consultant Services Contract with Willdan.

Recommended Action: Approve the contract for On-Call Building Consultant Services with Willdan Engineering of Fresno, CA, and authorize the City Manager to enter into a consultant professional service agreement, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, for services from July 2023 onward, until the City issues a new RFP for a multi-year on-call building services contract. [M. Anaya]

PULLED CONSENT CALENDAR ITEMS

7.2 Special and/or Regular Meeting Minutes of June 20, 2023.

Recommended Action: Approve as submitted. [M. Hermann]
Council Action: Councilmember Harrell pulled this item to provide the reason for his recusal on Item 10.10 from the June 20 meeting providing that it was due to having a relationship with the family involved. Councilmember Mederos also noted that Council Action was not recorded for Item 10.6. It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and carried 4 to 0 (Vice Mayor Isherwood absent) to approve the item as amended.

7.4 After-School Program Agreement.

Recommended Action: Authorize the City Manager or designee to sign an agreement for after-school programing between the City of Tulare and the Tulare City School District. [J. Glick]
Council Action: Councilmember Sigala pulled this item for clarification regarding school sites and attendance. Assistant Community Services Director Brian Beck provided a response thereto. It was moved by Councilmember Sigala, seconded by Councilmember Harrell, and carried 4 to 0 (Vice Mayor Isherwood absent) to approve the item as presented.

7.7 Final Map Acceptance for Farrar Estates Phase 2.

Recommended Action: Conditionally approve the Final Map and subdivision improvement agreement for Phase 2 of the Farrar Estates subdivision for recordation, and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items prior to September 16, 2023. [M. Miller]
Council Action: Councilmember Sigala pulled this item for clarification. It was moved by Councilmember Sigala, seconded by Councilmember Mederos, and carried 4 to 0 (Vice Mayor Isherwood absent) to approve the item as amended, directing staff to include language in the agreement that allows the construction of up to 170 homes, but restricts the City from issuing Certificates of Occupancy until the roundabout is complete.

7.12 Fiscal Year 2023-2024 Strategic Plan.

Recommended Action: Adopt the Fiscal Year 2023-2024 Strategic Plan. [M.

Mondell]
Council Action: Councilmember Sigala pulled this item for clarification. It was moved by Councilmember Sigala, seconded by Councilmember Harrell, and carried 4 to 0 (Vice Mayor Isherwood absent) to approve the item as presented.

City Council Meeting Minutes July 18, 2023
City of Tulare Page 4

8. PUBLIC HEARINGS

8.1 Landscape Maintenance Assessments for Fiscal Year 2023-24.

Recommended Action: Adopt a resolution confirming diagram and landscape maintenance assessments and levying assessments for fiscal year 2023-24 and authorize the City Manager to execute a Compliance Certification and Hold Harmless Statement in connection thereto.

Presented By: City Engineer Michael Miller
Public Comment: The public hearing was opened at 7:57 p.m. Receiving no comments, the public hearing was closed at 7:57 p.m.

Council Action: It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and carried 4 to 0 (Vice Mayor Isherwood absent) to approve the item as presented.

8.2 Sidewalk & Stationary Mobile Vendor Siting Requirements Ordinance Revisions.

Recommended Action: Pass-to-print an ordinance providing for adoption of revisions to Chapter 10.180 of the Tulare Municipal Code, as described herein.

Presented By: Community Development Director Mario Anaya Public Comment: The public hearing was opened at 8:04 p.m. Receiving no comments, the public hearing was closed at 8:05 p.m.

Council Action: It was moved by Mayor Sayre and seconded by Councilmember Sigala to approve the item as presented. The motion failed 2 to 2 (Councilmembers Mederos and Harrell voted no; Vice Mayor Isherwood absent).

It was moved by Councilmember Sigala, seconded by Mayor Sayre, and carried 4 to 0 (Vice Mayor Isherwood absent) to bring this item back to a future meeting for discussion with the full Council.

9. GENERAL BUSINESS

9.1 Zumwalt Park Amphitheater Operator Management Agreement.

Recommended Action: Approve the management agreement and authorize the City Manager to execute the Zumwalt Park Amphitheater Agreement with Spade Entertainment.

Presented By: Community Services Director Jason Glick and City Manager Marc Mondell
Public Comment: None
Council Action: It was moved by Councilmember Harrell, seconded by Councilmember Mederos, and carried 4 to 0 (Vice Mayor Isherwood absent) to approve the item to include the modifications as discussed by Council and staff.

10. FUTURE AGENDA ITEMS - None Submitted

11. STAFF UPDATES
Staff provided updates on department activities.

City Council Meeting Minutes July 18, 2023
City of Tulare Page 5

12. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

12.1 Conference with Labor Negotiators (Government Code § 54957.6) Agency Representatives: Mario Zamora, Josh McDonnell, Janice Avila, Michael Ott
Employee Organization: Tulare Professional Fire Fighters Association

12.2 Conference with Real Property Negotiations (Government Code § 54956.8) Property: APNs 168-340-005 and 168-340-006
Agency Negotiation: Mario Zamora, Marc Mondell, Michael Miller Negotiating Parties: Teresa Diane Johnson, Jared R. Ramirez Under Negotiation: Price and terms of payment
The Council recessed to closed session at 9:24 p.m.

13. RECONVENE FROM CLOSED SESSION
The Council reconvened from closed session at 10:30 p.m.

14. CLOSED SESSION REPORT
There was no reportable action.

15. ADJOURNMENT
The regular meeting was adjourned at 10:30 p.m.

Approved by Council: August 1, 2023

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: August 1, 2023
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Notice of Completion – EN0090 Sequoia-Spruce Tracts Improvements Project

RECOMMENDED ACTION
Accept as complete the contract with 99 Pipeline, Inc. of Porterville, CA for work on Project EN0090 – Sequoia-Spruce Tracts Improvements, a street and utility improvement project on Spruce St., between Bardsley Avenue and Tulare Avenue; authorize the City Engineer to sign the Notice of Completion; and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office.

SUMMARY
This Capital Improvement Project EN0090 addressed pavement, utility infrastructure, and ADA sidewalk improvements on Spruce St., Birch Ave., Kern Ave., Dayton St., Sequoia Ave., Sierra Ave., between Bardsley Avenue and Tulare Avenue. The project brought substandard and deteriorated water, sewer, and surface water infrastructure up to current standards. This project was included in the approved 2019-2024 Capital Program budget.

On March 19, 2021, the City Council awarded a contract to 99 Pipeline, Inc. of Porterville, CA in the amount of $6,045,366.78.

FISCAL IMPACT & FUNDING SOURCE(S)
The project was funded through a combination of Gas Tax, Water, Sewer, and Surface Water funds.

A summary of contract costs is as follows:

Item #: 13.3
Consent

13.3 Consent Page 1
EN0090-050-0601
122 – Gas Tax (RMRA)
021 – Measure R-Local
610 – Water CIP (Bonds)
615 – Sewer Wastewater CIP
647 – Surface Water CIP

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny – Should Council deny the request to accept as complete the contract with 99 Pipeline Inc. at this time will prevent the City from releasing payment of the retention amount owed $296,498.02 to the Contractor and prevent the City from filing a notice of completion with the County. Thus, postponing the start of the 1-year maintenance bond on the project. Without specific written findings of the justifications of delaying payment could open the City up to litigation for damages caused by delay.

3. Table – The postponement of filing the notice of completion after final acceptance of the project requirements, may result in the City owing the Contractor interest on monies withheld. Postponement of notice of completion ties up the Contractors bonding capacity preventing them from bidding on alternate projects. Without specific written findings of the justifications of delaying payment could open the City up to litigation for damages caused by delay.

ATTACHMENTS

1. Notice of Completion
Reviewed/Approved:

13.3 Consent Page 2
JM
RECORDING REQUESTED BY:

CITY OF TULARE
AND WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 East Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMANET CODE SECTION 6103,
NO RECORDING FEE REQUIRED.

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The City of Tulare, a Municipal Corporation, whose address is 411 East Kern Avenue, Tulare, California, is the owner of the real property, public works, or structure hereinafter described.

2. The nature of the title of the stated owner is: In fee

3. On the 1st day of August, 2023, a work of improvement on real property hereinafter described was completed pursuant to a contract to which Title 15 of Part 4 of Division 3 of the Civil Code applies.

4. The name of the Contractor who performed said work of improvements pursuant to such contract with the City of Tulare is 99 Pipeline, Inc., whose address is 851 W. Morton, Suite A, Porterville, CA 93258. The surety on said contract is U.S. Specialty Insurance Company.

5. The real property or public works or structure is described as follows:

Sequoia-Spruce Tracts Improvements, Project No. EN0090.

Dated: , 2023 CITY OF TULARE
A Municipal Corporation,
By:

Michael W. Miller, City Engineer

VERIFICATION
I am the City Engineer of the City of Tulare and am authorized to make this verification on behalf of the City.

I have read the foregoing Notice of Completion, know the contents thereof, and believe it to be true and correct to the best of my knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on , 2023 at Tulare, California.

By:

Michael W. Miller, City Engineer

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Staff Report
Meeting: City Council
Date: August 1, 2023
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Construction Contract for Project No. PK0038 – Prosperity Sports Park Basketball Courts

RECOMMENDED ACTION
Award and authorize the City Manager to sign contracts related to City Project PK0038, a project to construct two basketball courts at Prosperity Sports Park; authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount; and approve the revised budget.

1. Contractor Todd Companies of Visalia, CA $ 317,250.00

2. Construction Surveying Guida Surveying, Inc. of Fresno, CA $ 12,100.00

3. Labor Compliance Monitoring Labor Consultants of California of Hanford, CA $ 5,100.00

4. Materials Testing CTL of Exeter, CA $ 8,930.00

SUMMARY
On January 18, 2022, the City Council authorized staff to apply for grant funds from the State of California via Prop 68 – Per Capita Grant Program in the amount of $177,952.00 for the construction of basketball courts at Prosperity Sports Park. The City match for the grant was anticipated to be $44,488. The project had been recommended to the City Council by the Tulare Parks and Recreation Commission on June 8, 2021. The Per Capita Grant Program funds are available for local park rehabilitation, creation, and improvements. Grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address underserved neighborhoods with regard to outdoor recreational opportunities.

A single basketball court currently exists at Prosperity Sports Park, but it is in poor condition.

Staff prepared plans and specifications for construction of two basketball courts with one of the courts intended as a replacement for the existing one. However, when preparing the bid package (RFB 23-784) for the project, staff identified the base project as a single, new basketball court placed adjacent to the existing one. An “Add-Alt” was included for construction of a second basketball court to replace the existing one. This was done due to uncertainties regarding the estimated costs for a project of this type and to ensure that the City had a lower cost alternative should construction of two courts prove to be cost-prohibitive.

The City received one bid for the project from Todd Companies of Visalia, CA. The bid was reviewed and deemed to be responsive to the requirements of the RFB.

13.4 Consent Page 1
City staff with various consultant services from the City’s list of on-call consultants. The following construction support contracts are recommended for award:
(a) Construction Surveying & Staking: Guida Surveying, Inc.

As a professional service performed by a licensed surveyor, these services cannot be included in a competitively bid construction contract, and therefore cannot be performed under the Contractor’s contract. Furthermore, staff does not have the time nor professional qualifications to perform these services.

Guida Surveying, Inc. of Fresno, CA is included on the list of On-Call Construction Surveying consultants and demonstrated in their proposal that they have the skills, expertise and resources available to meet the City’s needs and timeframe to complete the work on this project. Guida Surveying, Inc. has reviewed the scope of the Sycamore & San Joaquin Improvement Project and has proposed to perform the necessary services on a time and materials basis, not to exceed $12,100. This amount is in line with industry standards and with what the City has experienced on projects with similar scopes of work.
(b) Labor Compliance Monitoring: Labor Consultants of California This project is subject to prevailing wage requirements. To ensure proper wages are paid and accounted for in accordance with the ever-changing requirements under state and federal law, it will be necessary to perform labor compliance monitoring of those contractors and consultants subject to these requirements. Due to the complexities involved, the City simply does not have the resources available to perform this work.

Labor Consultant of California (LCOC) of Hanford, CA is included on the list of prequalified On-Call Labor Compliance Monitoring consultants and has demonstrated in their proposal that they have the skills, expertise, and resources available to meet the City’s needs and timeframe to complete the work on this project. LCOC has reviewed the scope of this project and has proposed to perform the necessary services on a time and materials basis, not to exceed $5,100.00, in accordance with the provisions of their on-call contract. This amount is in line with industry standards and with what the City has experienced on projects with similar scopes of work. (c) Materials Testing: CTL
During the course of constructing the improvements associated with this project, it will be necessary to perform materials testing to ensure compliance with City standards.

13.4 Consent Page 2
Material testing services including laboratory testing are outside the capabilities of the City.

A Request for Qualifications for On-Call Geotechnical and Materials Testing Services was issued on July 12, 2022, out of which seven firms were recommended for inclusion on a list of prequalified Geotechnical and Materials Testing consultants. The staff recommended list was approved by the City Council at their September 20, 2022, meeting.

City staff (Project Management Division) will provide construction management.

FISCAL IMPACT & FUNDING SOURCE(S)
PK0038
Fund 601 – State Prop 68 Per Capita Grant Program $177,952.00 Fund 390 – DIF Parks & Recreation Facilities $217,140.00

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes – City staff will incorporate changes directed by City Council.

2. Deny – Denying would require that City staff rebid the project. In such instance, it is unlikely that the City could deliver the project within the required timelines associated with the State grant funding. The loss of grant funding would result in either the cancellation of the project or would require it be entirely funded with City funding sources.

3. Table – Delay in awarding the construction contracts for the project could result in the City not being able to meet the required timelines associated with the State grant funding. The loss of grant funding would result in either the cancellation of the project or would require it be entirely funded with City funding sources.

ATTACHMENTS

1. PK0033 Project Sheet

2. Bid - Todd Company

3. Task Order Response - Guida Surveying

4. Task Order Response - Labor Consultants of California

5. Task Order Response - CTL
Reviewed/Approved:

13.4 Consent Page 3
JM
Prior Years
Remaining
Year 2023/2024 2024/2025 2025/2026 2026/2027 2027/2028
Costs Description
010 - Conceptual $0 $0 $0 $0 $0 $0 $0 $0 $0
020 - Preliminary Design $0 $0 $0 $0 $0 $0 $0 $0 $0
030 - Environmental $0 $0 $0 $0 $0 $0 $0 $0 $0
040 - Final Design $0 $0 $0 $0 $0 $0 $0 $0 $0
0202 - Professional Services/Consultant $0 $0 $0 $0 $0 $0 $0 $0 $0 0991 - Parks Staff Time $0 $0 $0 $0 $0 $0 $0 $0 $0
0996 - Project Management Staff Time $0 $0 $0 $0 $0 $0 $0 $0 $0 0998 - Development Services Staff Time $0 $0 $0 $0 $0 $0 $0 $0 $0 0999 - Contingency $0 $0 $0 $0 $0 $0 $0 $0 $0
050 - Construct/Implement $0 $0 $395,092 $0 $0 $0 $0 $395,092 $0 0202 - Engineering $0 $0 $0 $0 $0 $0 $0 $0 $0
0203 - Construction Management $0 $0 $0 $0 $0 $0 $0 $0 $0 0225 - Labor Compliance $0 $0 $5,100 $0 $0 $0 $0 $5,100 $0 0231 - Construction Surveying $0 $0 $12,100 $0 $0 $0 $0 $12,100 $0 0231 - Materials Testing $0 $0 $8,930 $0 $0 $0 $0 $8,930 $0 0601 - Construction Costs $0 $0 $317,250 $0 $0 $0 $0 $317,250 $0 0991 - Parks Staff Time $0 $0 $3,173 $0 $0 $0 $0 $3,173 $0 0996 - Project Management Time $0 $0 $14,276 $0 $0 $0 $0 $14,276 $0 0998 - Development Services Time $0 $0 $2,538 $0 $0 $0 $0 $2,538 $0 0999 - Contingency $0 $0 $31,725 $0 $0 $0 $0 $31,725 $0 060 - Closeout $0 $0 $0 $0 $0 $0 $0 $0 $0
Total Costs: $0 $0 $395,092 $0 $0 $0 $0 $395,092 $0
KEY POINTS:

Additional annual maintenance costs associated with the new facility will be incurred.

Fiscal Year
Total Unfunded
PROJECT STATUS:

PROJECTED START DATE:

FUTURE M & O:
(Additional Cost & Department Responsibility)
PROJECTED END DATE:

CATEGORIES (1-5):
8/1/2023
Request For Funding
Criteria 5: Project extends an existing City Program or function to meet the Council's vision and explicit direction.
12/31/2023
Prosperity Sports Park Basketball Court Addition (Base Bid + Alt) (Capital)
PROJECT #: PK0038
2023 - 2028 CIP Parks
(Capital)
PROJECT MANAGER:

PROJECT DESCRIPTION & PURPOSE:

Jason Glick
Construct a second basketball court at Prosperity Sports Park adjacent to existing court. Project will include lighting and on-site drainage improvements.

District(s): 1,2,3,4,5
30 13.4 Consent Page 4 ATTACHMENT 1
Funding Sources
Fund 390 - Parks DIF Fund $0 $0 $217,140 $0 $0 $0 $0 $217,140 $0 Fund 601 - Prop 68 Per Capita Grant $0 $0 $177,952 $0 $0 $0 $0 $177,952 $0 Total Funding: $0 $0 $395,092 $0 $0 $0 $0 $395,092 $0
G/L #'s:

Notes:

Prop 68 Per Capita Grant = 601-4601-5201
31 13.4 Consent Page 5

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13.4 Consent Page 40
Staff Report
Meeting: City Council
Date: August 1, 2023
Department: Public Works - Streets
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: Asphalt Contract with Deer Creek

RECOMMENDED ACTION
Award and authorize the City Manager to sign a contract with Jaxon Enterprises, DBA Deer Creek Asphalt (Deer Creek), of Redding, CA in the amount of $54.75/ton for 3/8” Plant Run Cold Mix with Oil, $54/ton for ½” Plant Run Cold Mix with Oil and $60.00/ton for ½” Hot Asphalt Concrete, subject to minor conforming or clarifying changes acceptable to the City Attorney.

SUMMARY
As a part of the City’s Pavement Management Program, the Streets Division annually programs transportation funding for minor street repair projects such as reclamite, fiber seal, chip seal, or overlay project to stabilize and extend the life of city streets. This is a maintenance project that is independent from any of the capital projects currently scheduled and approved and will be funded from the annual Transportation Pavement Management program.

Item #: 13.5
Consent

13.5 Consent Page 1
Tulare County awarded a contract for the purchase of the 3/8” Plant Run Cold Mix with Oil, ½” Plant Run Cold Mix with Oil and ½” Hot Asphalt Concrete to Deer Creek in June 2023 after advertising for competitive bids. Deer Creek has agreed to hold the prices for those same products through June 30, 2024, as follows:
1) 3/8” Plant Run Cold Mix with Oil $54.75 per ton
2) ½” Plant Run Cold Mix with Oil $54.00 per ton
3) ½” Hot Asphalt Concrete $60.00 per ton
The contracts between the County of Tulare and Deer Creek for the three materials are attached (Attachments 2).

FISCAL IMPACT & FUNDING SOURCE(S)
Funding for this work is budgeted annually in the Annual Transportation – Pavement Management project account #ST0006.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
If this contract is not approved, staff will have to get separate bids every time they need to purchase cold or hot mix. This will slow down projects and could affect response time to traffic safety concerns.

ATTACHMENTS

1. Proposed list of projects for FY 2023/24

2. Contracts between Deer Creek and the County of Tulare Reviewed/Approved:

13.5 Consent Page 2
JM
Street Square Footage Estimated Cost

1. Paige Ave S/B Ramp: Hwy99 to Blackstone St 14,140 $50,904

2. Owens Ave: Between C St & D St 14,240 $25,632

3. D St: Inyo Ave to Owens Ave 25,530 $45,954

4. Hosfield Dr: C.L. to Bridge 33,600 $40,320

5. K St Between 4000-4500 Blk 19,200 $34,560

6. Blackstone St: Cul De Sac 15,750 $28,350

7. Maple Ave: Between H St & I St 10,980 $19,873

8. Camron Ave: Between H St & I St 9,600 $17,376

9. Beaumont Ave: Between H St & I St 9,600 $17,376

10. Oakland Ave: Between H St & I St 9,824 $17,781

11. Oaks St: Between Mitchell Ave & Dickens Ave 8,250 $9,982 $308,108
Street Paving Projects 2023-2024

13.5 Consent Page 3 ATTACHMENT 1
• G·SA
•
June 21, 2023
Jaxori Enterprises
Dba Deer Creek Asphalt
1643 Tahoe Court
Redding, CA 96003

COUNTY OF TULARE

GENERAL SERVICES AGENCY
Purchasing Division
Email: [email protected]
SUBJECT: MATERIAL CONTRACT NO. 1902- 3/8" COLD MIX- NORTH/SOUTH COUNTY GENERAL: This is to notify you that the Tulare County Purchasing Agent is accepting your Bid No. 24-006 dated June 14, 2023 for the supplying of 3/8" Cold Mix-North/South County to the County of Tulare as indicated on the attached sheets. The above contract number has been issued and the contract will be effective, subject to the terms and conditions of the bid and to the provisions as incorporated herein through the period beginning July 1, 2023 and ending JUNE 30, 2024.

PRICES: The prices as bid are to be the maximum charged for the period of the contract. The Contractor shall immediately notify the County of all manufacturer's price decreases and the County of Tulare shall receive the full benefit of all such decreases, effective on the date ofthe manufacturer's general public announcement. The attached sheets and enclosures enumerate the prices applicable herein.

Prices are F.O.B. Destination to various County Departments or Governmental Entities.

Federal Excise Tax Exempt.

State Sales Tax to be added.

Cash discount terms: NET 1% 30 DAYS
ATTACHED SHEETS: The attached sheets and enclosures are herewith made a part of this contract.

USAGE: Usage of materials will be interspersed and periodic during the contract year, and as such will not be subject to shipment of the total estimated requirements at any one time.

DELIVERIES: Deliveries are to be made to the using department or agency by common transportation carrier; by the Contractor's own equipment, or by other means so as to effect prompt delivery.

Material Contract
Page One
PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERALSERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291 DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050

13.5 Consent Page 4 ATTACHMENT 2
Due care shall be exercised in packing, handling and shipping to assure arrival of the material at its final destination in excellent condition. Any damage, loss, breakage, deterioration or other reason causing material not to arrive, or to arrive in other than excellent condition, shall be the responsibility of the Contractor. Frequency of delivery will be determined by the needs of the using department or agency and will be interspersed throughout the contract year.

The supplier shall be expected to maintain a normal delivery time which is established as being THIRTY (30) CALENDAR DAYS after receipt of order. Deliveries are to be made to the points indicated, as required.

Sufficient notice will be given to the Contractor to effect the required delivery.

QUANTITY & QUALITY OF MATERIALS OR SERVICE: The Contractor shall furnish and deliver the quantities designated by the Purchasing Agent. Packing slips Which clearly identify the merchandise and the County of Tulare's Purchase Order number or agreement must accompany every delivery. All materials, supplies or services furnished under an agreement or Purchase Order resulting from this agreement shall be in accordance with the County's specifications. Materials or supplies, which in the opinion of the Purchasing Agent are not in accordance and conformity with such specifications, shall be rejected and promptly removed from the County's premises at the Contractor's expense. A resulting contract does not guarantee a specific amount of business.

INCLUSION IN THE CONTRACT: The County departments and governmental entities listed are those which will participate in the Contract. However, the right is reserved by the Purchasing Agent, at his discretion, to include any other County department and/or Governmental Entity in the Contract at the accepted prices.

RESPONSIBILITY FOR GOVERNMENTAL ENTITIES OTHER THAN THE COUNTY: Those Governmental Entities other than the County and its departments who are listed in the Request-For-Bids or who are subsequently included have signified their intention to participate in the Tulare County Contract. Participation will not impose any responsibility for payment of claims on the Tulare County Board of Supervisors or the County Purchasing Agent.· Each such Governmental Entity will be billed separately, and payments will be made by warrants drawn on the appropriate funds for the Governmental Entity.

CONTRACT EXCLUSIVE: The provisions of the contract shall in no way prohibit the County from making incidental purchases from another suppliers for the same commodities as herein listed.

MERCHANDISE RETURNABLE FOR FULL CREDIT: Contractor agrees to give full credit for any merchandise sold by him on contract, if returned in good condition by the County.

GUARANTEE AGAINST DEFECTS: All items are to carry a full guarantee against defects in materials and workmanship and guarantee against breakage and other malfunctions when performing work for which they are designed.

PURCHASE ORDERS: Purchase Orders will be issued throughout the contract year to the Contractor for the requirements as needed for the department or agency.

INVOICING: All invoices are to be mailed in duplicate to the various locations designated on the "Invoice Address" on each purchase order. Reference shall be made to the purchase order number. Invoice shall be paid once a month on all deliveries made during the month.

Material Contract
Page Two
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050

13.5 Consent Page 5
RIGHT TO AUDIT: The County of Tulare reserves the right to verify, by examination of Contractor's records, all invoiced amounts when firm prices are not set forth in the· purchase agreement.

CASH DISCOUNT: In connection with any cash discount specified on this contract, time will be computed from the date of complete delivery of the supplies or equipment as specified, or from date correct invoices are received if the latter date is later than the date of delivery. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the County warrant or check. (It is generally the County's policy to take any and all discounts regardless of date of delivery or invoice.) DEFAULT BY CONTRACTOR: In case of default by the Contractor, the County of Tulare may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in the contract or Purchase Order and actual cost thereof to the County of Tulare. Prices paid by the County shall be considered the prevailing market price at the time such purchase is made. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Agent. ' CONTRACTOR ASSISTANCE: Contractor shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements.

LIABILITIES: The Contractor shall hold the County of Tulare, its officers, agents, and employees harmless from liability of any nature or kind because of the use of any copyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this bid, and agrees to defend, at Contractor's own expense, any and all actions brought against the County of Tulare or Contractor because of the unauthorized use of such articles.

INDEPENDENT CONTRACTOR STATUS: This Contract is entered into by both parties with the express understanding that CONTRACTOR will perform all services required under this Contract as an independent . . . contractor. Nothing in this Contract shall be construed to constitute the CONTRACTOR or any of its agents, employees or officers as an agent, employee or officer of COUNTY. CONTRACTOR agrees to advise everyone it assigns or hires to perform any duty under this Contract that they are not employees, agents or officers of COUNTY. CONTRACTOR shall be solely responsible for determining the means and methods of performing the specified services and COUNTY shall have no right to control or exercise any supervision over CONTRACTOR as to how the services will be performed. As CONTRACTOR is not COUNTY'S employee, CONTRACTOR is responsible for paying all required state and federal taxes. In particular, COUNTY will not:
a. Withhold FICA (Social Security) from CONTRACTOR'S payments. b. Make state or federal unemployment insurance contributions on CONTRACTOR'S behalf.
c. Withhold state or federal income tax from payments to CONTRACTOR. d. Make disability insurance contributions on behalf of CONTRACTOR. e. Obtain unemployment compensation insurance on behalf of CONTRACTOR Notwithstanding this independent contractor relationship, COUNTY, through the Purchasing Agent, shall have the right to designate the sites at which services are to be performed, and to monitor and evaluate the performance of CONTRACTOR to assure compliance with this Contract.

Material Contract
Page Three
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050

13.5 Consent Page 6
INDEMNIFICATION: CONTRACTOR shall hold harmless, defend and indemnify the COUNTY, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to any property, including COUNTY property arising out of the acts or omissions of CONTRACTOR or its agents, officers and employees under this Contract.

This indemnification specifically includes any claims that may be made against COUNTY by any taxing authority asserting that an employer-employee relationship exists by reason of this Contract, the cost of any penalty or sanction imposed by any agency with regulatory authority over the activities carried out by CONTRACTOR, and any claims made against COUNTY alleging civil rights violations by CONTRACTOR under Government Code sections 12920 et Seq. (California Fair Employment and Housing Act).

CONTRACTOR specifically agrees to hold harmless and indemnify COUNTY for any and all claims arising out of any injury, disability, or death of CONTRACTORS employees or agents. This indemnification obligation shall continue beyond the term of this Contract as to any acts or omissions occurring under this Contract or any extension of this Contract.

It is the policy of the County of Tulare Board of Supervisors that in connection with all work performed under a purchase order or agreement with Tulare County, there shall be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, sex, or religious creed, and therefore, the Contractor agrees to comply with applicable Federal and California laws regarding employment practices. In addition, the Contractor agrees to require like compliance by all sub-contractors employed on the work by Contractor.

The foregoing obligations will continue beyond the term of the contract as to any act or omission that occurred during the term of the contract or any extension to the contract.

RENEWAL: The Contract may be renewed, by mutual written consent, for an additional TWO (2) ONE (1) year terms provided the prices, terms, and conditions remain the same.

NON-FUNDING CLAUSE: Funds provided for commodities or service under the terms of this contract are contingent on availability of public funds. Should sufficient funds not be allocated during those terms, this contract may be modified or terminated at any time by the County upon thirty (30) day notice. Notice shall be fully given in writing or through service in person or by first class mail.

TERMINATION OF CONTRACT: The County of Tulare may by giving ten (10) days written notice to the Contractor, terminate the contract prior to its expiration for due cause. Due cause for termination of contract shall be, but not limited to, failure to deliver in quantities required within a reasonable time period, failure of the productto meet specifications, and/or for reasons of unsatisfactory service.

The County may, upon giving thirty (30) days written notice to the Contractor, terminate the contract, with or without cause.

GOVERNING LAW: This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. The parties agree that this contract is made in and shall be performed in Tulare County California.

Material Contract
Page Four
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050

13.5 Consent Page 7
HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.

COMPLIANCE WITH LAW: CONTRACTOR shall provide services in accordance with applicable Federal, State, and local laws, regulations and directives. With respect to CONTRACTOR'S employees, CONTRACTOR shall comply with all laws and regulations pertaining to wages and hours, state and federal income tax, unemployment insurance, Social Security, disability insurance, workers' compensation insurance, and discrimination in employment.

CONFLICT OF INTEREST:
(a) CONTRACTOR agrees to, at all times during the performance of this Agreement, comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to Government Code Section 1090 etseq., and the Political Reform Act, Government Code Section 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. The statutes, regulations and laws previously referenced include, but are not limited to, prohibitions against any public officer or employee, including CONTRACTOR for this purpose, from making any decision on behalf of COUNTY in which such officer, employee or consultant/contractor has a direct or indirect financial interest. . A violation can occur if the public officer, employee or consultant/contractor participates in or influences any COUNTY decision which has the potential to confer any pecuniary benefit on CONTRACTOR or any business firm in which CONTRACTOR has an interest, with certain narrow exceptions.
(b) CONTRACTOR agrees that if any facts come to its attention which raise any questions as to the applicability of conflicts of interests laws, it will immediately inform the COUNTY designated representative and provide all information needed for resolution of this question.

FORM DE-542: CONTRACTOR acknowledges that this Agreement is subject to filing obligations pursuant to Unemployment Insurance Code Section 1088.8. Accordingly, COUNTY has an obligation to file a report with the Employment Development Department, which report will include the CONTRACTOR's full name, social security number, address, the date this contract was executed, the total amount of the contract, the contract's expiration date or whether it is ongoing. CONTRACTOR agrees to cooperate with COUNTY to make such information available and to complete Form DE- 542. Failure to provide the required information may, at COUNTY's option, prevent approval of this Agreement, or be grounds for termination by COUNTY.

CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY: This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties to be, in conflict with any code or regulation governing its subject matter, only the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party. In all other cases the remainder of the Agreement shall continue in full force and effect.

CONSTRUCTION: This Agreement reflects the contributions of all undersigned parties and accordingly the provisions of Civil Code section 1654 shall not apply to address and interpret any alleged uncertainty or ambiguity.

Material Contract
Page Five
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050

13.5 Consent Page 8
ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided in this Agreement, COUNTY is relying on the personal skill, expertise, training and experience of CONTRACTOR and CONTRACTOR'S employees and no part of this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of COUNTY.

WAIVERS: The failure of either party to insist on strict compliance with any provision -of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other party.

ENTIRE AGREEMENT REPRESENTED: This Agreement represents the entire agreement between CONTRACTOR and COUNTY as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of both parties.

EXHIBITS AND RECITALS: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

NO THIRD-PARTY BENEFICIARIES INTENDED: Unless specifically set forth, the parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.

OTHER PROVISIONS:

ACCEPTED: COUNTY OF TULARE
Date By __________________________ _
Purchasing Agent
ACCEPTED: JAXON ENTERPRISES DBA DEER CREEK ASPHALT
Date By __________________________ _
Title _________________________ _
Date By __________________________ _
Title __________________________ __
[Pursuant to Corporations Code section 313, County policy requires that contracts with a Corporation be signed by both ( 1) the chairman of the Board of Directors, the president or any vice-president (or another officerhaving general, operational responsibilities), and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer (or another officer having recordkeeping or financial responsibilities), unless the contract is accompanied by a certified copy of a resolution of the corporation's Board of Directors authorizing the execution of the contract. Similarly, pursuant to California Corporations Code section 17703.01, County policy requires that contracts with a Limited Liability Company be signed by at least two managers, unless the contract is accompanied by a certified copy of the articles of organization stating that the LLC is managed by only one manager.]
Material Contract
Page Six
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 6/26/2023
Pres
6/27/2023

13.5 Consent Page 9
VENDOR NO.:

VENDOR NAME:

STREET ADDRESS:

CITY STATE ZIP CODE:

ORDER FROM:

STREET ADDRESS:

CITY STATE ZIP CODE:

REMIT TO:

STREET ADDRESS:

CITY STATE ZIP CODE:

SUBJECT:

COMMODITY CODE:

CONTRACT PERIOD:

PAYMENTTERMS:

SALES TAX:

DELIVERY:

MINIMUM ORDER:

MERCHANDISE RETURNS:

PRICES:
1241600

JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
1643 TAHOE COURT
REDDING, CA 96003

JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
1643 TAHOE COURT
REDDING, CA 96003

JAXON ENTERPRISES
PO BOX 994248
REDDING, CA 96099-4248
CONTRACT NO.: 1902
BID/PROPOSAL NO.: 24-006
PHONE: (530) 241-2112
FAX: (530) 243-0787
VENDOR CONTACT NAME:

DON THOMASON
E-MAIL:
dthomason@ jaxonaggregates.com
3/8" COLD MIX MATERIAL- NORTH/SOUTH COUNTY
74514
JULY 1, 2023 THROUGH JUNE 30,2024
NET 1%30 DAYS

IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
F.O.B. PLANT LOCATION
NONE

FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

SEE EXHIBIT B- COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD Material Contract

Page 1 ends

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13.5 Consent Page 10
CONTRACT NO.: 1902
001 3/B" COLD MIX- NORTH/SOUTH COUNTY TON $54.75

SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor's plant and/or storage location as required.

Approximately tWo hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date.

GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Cold Mix Material is important and necessary to the County for the economic completion of its road work projects.

PRICES: Prices shall be F.O.B. Plant Location and shall exclude Federal Excise Taxes, for which the County is exempt. California State Sales Tax will be allowed on the net bid price. The price per ton shall include all fees for the duration of the contract. Example, environmental fees, etc.

NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 3/8" PLANT RUN COLD MIX with OIL: $54.75 PER TON
Plant Run Cold Mix- 3/8" mix as per CaiTrans Specs. Section #39 or as requested by County representative. SC-800 or SC-3000 grade oil as per CaiTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CaiTrans for such Plant Run Cold Mix or as requested by County representative. 4,000 Tons total estimated quantity for North County/South County through June 30, 2024.

Applicable sales tax will be added in addition to the price indicated above.

The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer.

PLANT LOCATION/SHIPPING POINT:

PARTICIPATING DEPARTMENTS:

RMA Road Yard #1, Porterville
RMA Road Yard #2/3 Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
27671 AVENUE 120, PORTERVILLE, CA 93257
SMARA MINE ID 91-54-0021
Material Contract

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13.5 Consent Page 11

REQUEST FORBID
TillS IS NOt AN ORDER

COUNTY OF TULARE
office of

PURCHASING AGENT
2637 W. Burrel Ave., Suite 200
Visalia, CA 93291-4593
Date: _....;:M=ay,_2=-4=;-=2=02=3'----
Req:242303924
REFER TO BID NO.
24 .. 006
By: Cher Castellini _
Phone: 559 -205-1100
Bids·:wiiLbe· received by the Tulare County Purchasing Agent, 2637 W. Burrel Ave_. Suite_ 200, Visalia, CA 93291-4593 until - 2:00 P.M~-on .JUNE 14,2023 . Delivery F.O.B. PLANT LOCATION - NOT_ICE: Bid on each item separately unless instructions read otherwise_. Attach complete ~PeGific~tions for any l)ubstitutions offered or when clarification ·is desirable or necessary. The right is reserved to reject any or ~~- ' ' ' Jndif::,ate BID .NUMBER an~· BID. CLOSING DATE on outside of envelope for paper bid S4brnissions. - ' -_- --' ' .. - - Bll:fNO~ 24-0os:ctbSING DATE: June 14 2023 · ., - . . . - ' ' ' -" ' ' ' ' %'?;,Y~" COLD;MIX.MATERIAL & 112'~ HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT The Tylare Cour~tyPurchasing Agent invites.bids to be submitted for the purchase of%;'-%" COLD MIX . MATERIAL &%''HOT MIX ASPHALT as required. Such contract will be for a ·one (1) year period effectivebeginning JULY 1,_2023, and ending JUNE 30, 2024. - BIDDERS QUESTIONS: Bidders may submitany question they have pertaining to this Request-for Bidto _www.bidnetditectcom [email protected]. Any and all questions must be sut>mi~ed via www.bidnetdin!ct.com or [email protected] by 5:00 p.m. MAY 31. 2023, in -order to _ . . b~ co(lsidered .. \Qi.re~tion$ ·and answers wiiJ he distribUtecfto all bidders only ifnecessary toOcfadfy · . subsf~ntiyeJt~ms 'r~i~ed. ·NO changes and/6radditions will be made to this Requesttor Bid Wjtt)i!) f()rty (40) w~r,~i['lgi;h9.url) ofit~iclo~ing date. · · · · · .·-· ... -•. _.'"':·.'.f,-i<.'':' -___ . ; . . .... :- .

DEFAULT sv:.sticcess~iJhrBU)DER: )n cas~ of default by successf~l bidder ~y n_on·-deliv¢ry ~f article(s). and qr:lserilii~(sfqij or:;p~fqre\tne.~d~liy~r)fda~e: ·The County may, procure the artiCle( s) and--or, SE}t'Yice(s} · - from •c:u1otijer·S:q~f~e ~thd may r~cq~¢r ~g~ts frorn successful-bidder .. The succe~s{l:ll bidder :ni&Y:be tbcl,rg$d, . cost df;tran~portatipn', ttj~>9iffer~nr;Ef in'·:cost~·qf~rticle(s) and or service(s) based on Co_rjtrac~ il'lfo.r_r)l~tiorr.

The 00I:JIJtyteserye_$1h~ rightctg o~_.cqmpe~~~teo deducting monies owed to suc;:~es~fuLbidoElr':.fr?rn the COntr~cUnforma.tjoRanQ or iriyqieiiig the:$uccessful bidder upon nptification_ of the _default. . · , . - ., • "",.- ·•• •· • - - ~ : . ' ; .; ·'. - • • • • .:. ·' r : • - - INTENT: TheCo~htYis in.ne~d.ofGold Mix-andHot Mix Asphalt Concrete MateriaiJorits road:,Jir,ojeQt~·-• Que to'r9qf,~~s,rn~;:f~~t~9~~~. ·~. ~' mt?rE;·eco~b~i.s~ffc)r the ~ounty to ~w~r~ t:Vo (2)'c~_n!r;~gJs ... drl~J~r~1h~-:$~u~h- ... end·anq ofie:for.th~iNotth. ~rtd Oft~e .COIJrity., · F.or the purpol)e of th1s b1d, Avenue 232 w1ll be,used~asthe :. dividin}l line. : · - · · · · - - · - -- · ·
ATTACHED _SHEE-TS: Tn~ attach~d:sheets iOqicate the condition of the: bid and c;ontrac;t, ~pe~iijcati9ris, using"·depaiiments and~genC;ies; ~f1d estim$tectcjuantiti.es of the products to beused-fot on~ (t) y,ear.

Quantities estimated wfu: be. used for basis of·award and are based ori past year'$ usage. . ' ·-·' . ' ' ' . . ., . . . '" ' - - DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050

13.5 Consent Page 12
BID NO. 24-006- %"-11:." COLD MIX MATERIAL & Y:." HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT RETURN BID WITH THIS FORM.

Signature Page

VENDOR TO COMPLETE THIS PAGE I

PARTICIPATION I
The County is currently a member of the Central Valley Purchasing Group which consists of Firesno, Kern, Kings and Tulare Counties, and the Political Subdivision, Municipalities and Tax Suppofjted Agencies within these County boundaries. Whenever possible, these entities wish to co-op (piggyback) on existing bids. Please state if your bid will or will not be extended to these entities un~er the same terms and conditions as stated in this bid.

Select YES or NO.

DOES COMPANY MEET THE REQUIREMENTS OF A "LOCAL VENDOR" (Refer to Section 31) Select YES or NO.

Undersigned agrees to furnish the commodities and/or services as stipulated in this REQUEST FOR BID at the prices/fees, terms, and conditions stated.
company: J~xorl tn-kryfi 1 <..-S tAba-. De.er Cr G~ 't- &Y?~ \,~ Address:ZI ~~I A.V<- \2..0 County: ~/o, t't:.

City() · State;-, ~ Zip(f3z_'5 7
·. W~viHt:- '-
Signed By: ~ ~ PfS:IT'1 f3>Al(El
Title: ~\~. . Date: ~ 1g, 2-oZ-~
Note: This signature page must be turned in with vour Bid

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13.5 Consent Page 13
BID NO. 24-006- %"-Y." COLD MIX MATERIAL & Yo" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

1. PREPARATION OF BIDS

REQUEST FOR BID

GENERAL CONDITIONS
A. All information requested of the bidder shall be entered in the appropriate space(s) on the form.

Failure to do so may disqualify your offer.

B. Any Attachments and/or Exhibits are herewith made a part of this Request for Bid.

C. All information shall be typewritten or clearly printed. Mistakes may be crossed out and corrections inserted before submission of your Bid. Corrections must be initialed in ink by the person signing the Bid. Bids may be completed manually and scanned for submission.

D. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the bidder.

E. To be considered, bids must be submitted and received by the Purchasing Division on or before the Deadline for Submitting Bids.

F. Bids will be accepted via hard copy delivery at Tulare County Purchasing, 2637 W. Burrel Ave.; Suite 200, Visalia, CA 93291 or via electronic submission on www.bidnetdirect.com. If bids are received after the deadline, vendors will be notified via electronic mail of the late submission.

Timestamp will be used to determine timeliness of submission. The County is not responsible for late submissions due to delays in electronic delivery.

G. All bid prices shall be F.O.B. County of Tulare.

H. Bid prices shall remain open and valid subject to acceptance for sixty (60) days after bid closing date.

I. Prices bid SHALL remain firm for a minimum of 120 days after award to cover subsequent purchase requirements.

J. Prices bid by bidder are considered accurate and cannot be withdrawn after the bid is closed.

K. Upon submission of bid do9uments, all such documents shall become the property of the County.

L. Time of delivery shall 'be stated as the number of calendar days following receipt of the order by the bidder, to the receipt of the goods or services by the County.· Time of delivery !11ay be a consideration in the award.

M. Prices will be considered as r1et if no cash discount is shown. ' .

N. Provide any other information notspecifically requested which may be considered by the • Purchasing Agent. (Pur(:hasing Agent is not obligated to consider any information not specifically reques;tedin this bid _n3quest.) · · · .-

0. Tulare County generally solicits bids from a wide variety of bidders which may include retailers, wholesalers, suppliers, distributorS, etc. ·

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BID NO. 24-006 -%"-Yo" COLD MIX MATERIAL & Yo" HOT MIX ASPHALT CONCRETE - MATERIAL CONTRACT

BRAND NAMES/QUALITY
A. Brand names and numbers, when used, are for reference to indicate the character or quality desired.

B. Equal items will be considered, provided your offer clearly describes the article. Offers for equal items shall state the brand and number (or level of quality if item cannot be identified by brand and number)
C. Equal items will not be considered if identical supply has been determined a necessity and the notation NO SUBSTITUTE has been entered.

D. When brand, number, or level of quality is not stated by the bidder, it is understood the offer is exactly as specified.

E. · The Purchasing Agent shall in all instances be the final judge in determining whether the items bid are acceptable to the County, and whether the items bid are equal in quality and utility to the specified articles. ·

3. SAMPLES
A. Samples of articles, when required, shall be furnished free of cost of any sort to the County of Tulare.

B. Samples of articles selected may be retained for future comparison.

C. Samples which are not destroyed or consumed by testing, or which are not retained for future comparison will be returned upon request at bidder's expense.

4. TAXES
A. Tulare County is exempt from pay,m.ent of Federal Excise Tax. No Federal Tax should be included in the price. Exemption C~rtificates will be furnished when applicable.

B. Unless otherwise definitely specified, the unit price stated herein does not inClude California State Sales Tax. Lump sum bids for labor and materials shall include all applicable tax.·

5. CASH DISCOUNTS
·In connection with any cash discount specified on this bid, time will be computed from the date of complete delivery of the supplies or ~quip,ment as specified, or from the date correct invoices are · received if the latter date is later than the 'date of delivery. For the purpose of earning the dil?count, payment is deemed t() be made on th~ d~te of mailing of the County warrant .or check. ·

6. USAGE
Usage of materials will be interspersed arid periodic during the contract year, and as suchwillnot be subject to shipment of the total estimated :requii"ements at any one time. . . I · Page 4 of20
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BID NO. 24-006 -%"-Yo" COLD MIX MATERIAL & Yo" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

7. QUANTITIES
The estimated usage for each item is based on the experience of the past twelve ( 12) month period or are estimated requirements for one (1) year. It is not expressly implied, nor guaranteed, that the quantities shown will be used in the next contract period, and as such, the right is reserved to order decreased or increased amounts from those listed, as may be required. However, it is to be understood that these figures are quite realistic and will be considered in making an award. Actual usage whether lesser or greater than estimated shall not affect the prices as bid and accepted by the County.

8. INCLUSION IN THE CONTRACT
The County departments and governmental entities listed are those which will participate in the contract.

However, the right is reserved by the Purchasing Agent, at his/her discretion, to include any other County department and/or governmental entity in the contract at the accepted prices.

9. LITERATURE.

Bidders shall submit literature which fully describes items on which they are bidding, no later that the closing date of this bid. Any and all literature submitted must be stamped with bidder's name and address.

10. GUARANTEE AGAINST DEFECTS
All items are to carry a full guarantee against defects in materials and workmanship and guarantee against breakage and other malfunctions when performing work for which they are designed.

11. PRICES F.O.B.

Quotations are to be F.O.B. PLANT LOCATION.

12. MINIMUM ORDER
Bidder's offer must indicate minimum order quantities and charges for Jess than minimum order .quantity. If not stated, it will be assumed there are none.

13. AWARD
The County of Tulare reserves the right: ( 1) to award bids received on the basis of individual items or ·groups ofitems, or on the entire list of items; (2) to reject any or all bids, or any part thereof; (3) to waive any informality in the bids; (4) to make partial awards or award to more than one vendor (if v.endor bid prices are based only on an "al.I or none" award, vendor just so specify within the bid); and (5) to accept the bid that is in the best interest of the County of Tulare. The Purchasing Agent's decision shalf be final.

A combination of the foll9wing factors will be considered in awarding this bid.

A. Prices
B. . Bidder's previous records of performance and service C. Ability of bidder to render satisfacto,Y goods or services in this instance D. Quality and conformance to specifications
the County shall be the sole judge in making this determination.

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BID NO. 24-006- %"-Yz" COLD MIX MATERIAL & Yz" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

14. RENEWAL
The contract or purchase order resulting from this bid may be renewed, by mutual consent, for an additional two (2) one ( 1) year terms provided the prices, terms, and conditions remain the same.

15. QUANTITY & QUALITY OF MATERIALS OR SERVICES
The successful bidder shall furnish and deliver the quantities designated by the Purchasing Agent.

Packing slips which clearly identify the merchandise and a listing of the County of Tulare's Purchase Order number must accompany every delivery. All materials, supplies or services furnished under contract or Purchase Order shall be in accordance with the county specifications. Materials or supplies Which, in the opinion of the Purchasing Agent are not in accordance and conformity with such specifications shall be rejected and promptly removed from the County premises at the bidder's or contractor's expense.

16. INDEPENDENT CONTRACTOR STATUS
This contract is entered into by both parties with the express understanding that CONTRACTOR will pefform all services required under this Contract as an independent contractor. Nothing in this . Contract shall be construed to constitute the CONTRACTOR or any of its agents, employees or officers .as an agent, employee or officer of COUNTY. CONTRACTOR agrees to advise everyone it assigns or hires to perform any duty under this Contract that they are not employees, agents or officers of ·COUNTY. CONTRACTOR shall be solely responsible for determining the means and methods of performing the specified services and COUNTY shall have no right to control or exercise any · supervision over CONTRACTOR as to how the services will be performed. As CONTRACTOR is not .COUNTY'S employee, CONTRACTOR is responsible for paying all required state and federaltaxes. In p~rticular, COUNTY will not:
a. Withhold fiC}\. (Social Security) from CONTRACTOR'S payments. . . b. Make state .or fed~r~l: unemployment insurance contributions ori CONTRACTOR'S behalf . . c. : Witflhoid· state or federal income tax from payments to CONTRACTOR. . d:. Make (jisability insurance contributions on behalf of CONTRACTOR. e. ·Obtain unempl()ymEmt compen~ation insurance on behalf of CONTRACTOR. .

Notwithstanding this independent contractor relationship, COUNTY, through the Purchasing Agent, shall have ,the ri.g~t to design~te the sites ·at which services are to be performed, and to monitor aryd eva{ljate the performance of CONTRACTOR to assure compliance with this Contract.

17. · RIGHTTO AUDIT
. .
. The County of Tul,are reserves the right to verify, by examination of the successful bidd~r's records, all . invoiced amduJ1ts.whenfirm prices.~re noiset forth in the Agreement or. purchase order resulting from · this bid. · · '· · · · · · · · · · · ·

18.. LIABILITIES
A The successful bidder.·shall holdth~ County of Tulare, its officers, agents; and employees harmless . ·from liability of any nafi)re orklnd beC~llJSe of' the ·use of any Copyrighted composition, secret . · process, patented Or unpatented. invention, articles or appliances furnished or used under the agreement orpurchas~_orderresulting from this bid, and agrees to defend; at successful bidder's own expens·e, any and all. actions brought against the County of Tulare or successful b.idder because of the unauthorized use of such articles. - ;·.··. . . . .

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''· -.- ·.•'
BID NO. 24-006 - %" -Yz" COLD MIX MATERIAL & 112" HOT MIX ASPHALT CONCRETE - MATERIAL CONTRACT B. INDEMNIFICATION: Bidder shall hold harmless, defend and indemnify the COUNTY, its agents, officers and employe~s from and against any liability, claims, actions, costs, damages or losses of any kinds, including death or injury to any person and/or damage to any property, including County property arising out of the acts or omissions of Contractor or its agents, officers and employees under this Agreement. This indemnification specifically includes any claims that may be made against County by any taxing authority asserting that an employer-employee relationship exists by reason of this Contract, ttie cost of any penalty or sanction imposed by any agency with regulatory authority over the activities carried out by Contractor, and any claims made against County alleging civil rights violations by Contractor under Government Code sections 12920 et Seq. (California Fair Employment and Housing Act). Contractor specifically agrees to hold harmless and indemnify County for any and all claims arising out of any injury, disability, or death of Contractors' employees or agents. This indemnification obligation shall continue beyond the term of this Contract as to any acts or omissions occurring under this Contract for any extension of this Contract.

C. The foregoing obligations wi_ll continue beyond the term of the contract or purchase order resulting from this bid as to any act or omission that occurred during its term or any extension thereof. _ 19. _ -DEFAULT BY SUCCESSFUL BIDDER
A. In cas~ of default by_ succesSful bidder by non-delivery of article(s) and or service(s) on or before - the delivery date. The County may procure the article(s) and or service(s) from another $puree and may' recover costs from successful bidder. The successful bidder may be charged, cost of transportation, the difference in cost of article(s) and or service(s) based on Contract information.

The ·county reser\!es the right to be compensated deducting monies owed tb succ::e~sful bidder - from the Contract infor:mation and qr invoicing the successful bidder upon notification of the default.: - - - · - -
B. _ lnsp~ctionon deliveries which do not meet specifications, wi,ll be at the expense of su'cc::essful - ~~- - '- -- -

20. PRICES
- --
During the peri()d .of deliv~rie~ 1Jnder an agreement or purchase order resulting from this bid, should there be a decr~ase _in pri.ces on the balance of the deliveries, such decrea.-ses shall b(fmade avail~ble - to the· County fqr a~ long ?~-the 16wer.pri-ces are in effect, but at no time shall tt.ie-piices chargeq tti~. _County exce~cf the prices he'rein quoted. - - - - - - . . . . -

21. DELIVERIES/PIQKUP
-__ courity person net or their representative will pick u-p material from the plant location as indicated by the -successful-bidder. Frequency of pick ~ps' will be determined-by the needs of ttie using department or _-- ~gencyand wUJ be ibtersp~rs~d throughout the ·contract year. The successful bfad_er shall be exp~cted - t6rn~intairi ~ norina_l deli~~rytime which is.established as being within forty~eight (48} hi:fur~ after - rec~ipt of order. - - - . - -
_The successfi.JJ bidder st1?il))e ~~pect~cjtoload materials into County's tnicks- in a prof~_ssion~l arid responsible; rhanhek; with :c~re notto. cause contamination. of m·aterials: . . : - . . . .

22. - CONTRACT EXCLUSIVE . -
The provisions of the agre~ment or purchase order resulting from this bid shall in no way prohibit the Countyfro_lll making ·any inCident~! purchases from anothe~ supplier for the same commodities as herein list~d - - · · · · - · · · · -

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BID NO. 24-006 - %" -%" COLD MIX MATERIAL & %" HOT MIX ASPHALT CONCRETE - MATERIAL CONTRACT

23. TERMINATION OF PURCHASE ORDERS OF AGREEMENTS
A. Purchase orders or contracts which extend into a subsequent fiscal year will automatically cancel if the Tulare County Board of Supervisors does not appropriate funds for the goods and/or services under the purchase order or contract.

B. The County of Tulare may by giving ten (1 0) days written notice to the successful bidder, terminate the contract or purchase order resulting from this bid prior to its expiration for due cause. Due cause for termination shall be, but not limited to, failure to deliver in quantities required within a reasonable time period, failure of the product to meet specifications, and/or for reasons of unsatisfactory service.

C. The County may, upon giving thirty (30) days prior written notice to the vendor, terminate the contract or purchase order, with or without cause.

24. MERCHANDISE RETURNABLE FOR FULL CREDIT
Successful bidder agrees to give full credit to the County for any merchandise returned in good condition.

25. .INVOICING
· All invoi~s areto be mailed in duplicate to the various locations designated on the "Invoice Address" on each purchase order or contract. Reference shall be made to the purchase order or contract number.

Invoice shall be paid once a month on all deliveries made during the month in accordance with the County's normal payment cycle. ·

26. . VENDORA$SISTANCE
.Successful bidd~r shall ~rnish, at nocostJo the County, a representative .to gssist County departments in determ{nin~f their prqdupt requirem.erits. . · · · · 27; 'RENEWAL
The contract or p~i"chase orqer resulting from this bid may be renewed, by mutlJal consent, for an . 'additional tbree' (3)01le (1 )'year terms p'rovided the prices, terms,. and conditions remain the same. - ' . . .. . . - . · 28 ... NON_;FlJNPING CLAUSE··
Funds provided .for commodities or services under the terms of this bid are. contingent on availability of public funds. Should suffiCient fun.ds not be allocated during those terms, amoullts duemay be . mpdified .qrt~rminated at etriy· time by the County upon thirty (30) day notice. Notice shall be fully given in. writing or through service iri person or by first class mail. . . 29 .. PARTICIPATION . . .
. .

The County is. currently.~ member of the Central Valley Purchasing Group which consist~ of Fresno, Kern, Kings, and Tulare Counties,· and the Political Subdivision,.Municipalitie~.and Tax Supported AgenCies within these CountY boundaries: Whenever possible; these entities wish to cg-op {piggy-back) ·on existing bids or propo$als. Please state if your bid or proposal will, or will not be extended to these ~ntities uhderthe same terrns .and conditions as stated fn thisbid or propo~al. . .

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BID NO. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

30. RESPONSIBILITY FOR GOVERNMENT ENTITIES OTHER THAN COUNTY .. Those governmental entities other than the County who are listed (or who have sub sequentially been included) have signified their intention to participate in the Tulare County agreement or purchase order resulting from this bid. Participation will not impose any responsibility for payment of claims or any. responsibility whatsoever on the Tulare County Board of Supervisors or the County Purchasing Agent.

Each such governmental entity will be billed separately, and payments will be made by warrants drawn . on the appropriate funds for the governmental entity.

31. LOCAL PREFERENCE (Section 1-03-1301 of the Tulare County Ordinance Code):

A. Whenever the County purchases supplies, materials, equipment or services for the County through · the use of competitive bids, the County in evaluating the price for such supplies, materials and/or equipment shall determine if the lowest responsible bidder is a local vendor as defined in this section; and, if so, the contract shall be awarded to such vendor. If low bidder is not a local vendor, any local vendor who submitted a bid which was within five percent (5%) of the low bid announced by the County shall have the option of submitting a new bid within forty-eight (48) hours (not including weekends and holidays) of the time indicated in the bid documents for the opening bid.

Such new bid must be in an amount less than or equal to the low bid announced by the County.

County shal.l award the contract to the local vendor submitting the lowest responsible bid within. said . 4~ ,hours period .. If ho new bids received within said 48 hour period, the contract shall be awarded · to ttie original low bidder as announced by the County. · · · B. ''Local vendor" shall mean any business which:
c.

D.
(1)
(2) •
(3)
has had a fixe9 office or distribution point located in and having a street address within the County of Tulare for at leas~ six (6) rnonths immediately prior to the issuance ·Of the reques!for bids by the Cciurity; and . . . . .. . . . . holds any required business license by the County or any city witbin the County; and, ~ ' . . . - . empioy$.at least -~11e (1 ).full~~irne or two (2) part-time employees whose prirnary r~sidence i§ lpc::a~edwi,t~in th~ C.oun~y. or if the business ha~ rio employees, shall be' atleastflfty . j)ercenJ (50%rowned pyon"e or more persons whose primary residence islocated.within ~~~~· ,' ., ' ' ' . ' .

Any vendor claiming to be. a local vendor as defined above shall so c~rtify to the Purchasing Agent by indiqating ;y~s ~r no'' ~(31ciw and .signature .011 bid document. Th~ Cou11ty PU.~¢~~:u~ing .

Agent shall have sqle p(scretibn tcr determine if a vendor meets the definition of a "local vendor'' .. · •• -·-. •'.: .' '· • • <. . • •. - 1 '. ··- .,, - • - • • Any person ·or business f~ls~ly claiming to b.e a local vendor shall be ineligible to transact any . . Qusines$ with: tne ·cour~tY for a period. of ·not less than three (3) months or riot more than twenty- . . four (24.) rf:tcinths ~~ dete'rrJ:1in~d in thEi sole di~cretion of the Purchasing Agent. Th~ County s~all also have the. right to terminate E)ll or any part of any contract entered into with such' person or -. ~usiness.' ··-.- -' ·· · · · · · ·· · · · · - · · · · · - - · · E. Prior to the County de~lating ~ny person or business not a "local Ve!1dO( or ineligible to transact · . business:withthe Co~nty,,such perso.n or business st:uill be entitled to a,puJ:>Iic heatihg pefore. the F.

Board of SIJpeivisor!(~ndJo a_ fiv~ (5)'day notice of tfietime'and placedtlereof .. ,, ' ... ·.. . . . . - . . . . - . ·. . . ·'· / ._. . .. - ... . . . . . ' . . -- ·' ' .

This prE!fere'nce shall not apply to transacti~ns required by state or federal statutes or regulations to be aw13,rded tq tfi~ JII()West respC)f:!Sible bidder'', or otherwise exemp~~d fr'drn loc~l preferenCel$ .. . : . . . -·- - ··- . ' . - . - ;';- .. ,. ·. - .

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BID NO. 24-006- o/a"-W COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

32. DEBARMENT: Contractor guarantees that it, its employees, contractors, subcontractors or agents (collectively "Contractor'') are not suspended, debarred, excluded, or ineligible for participation in Medicare, Medi-Cal or any other federal state funded health care program, or from receiving Federal fund as listed in the List of Parties Administration. Contractor must within 30 calendar days advise the County if, during the term of this Agreement, Contractor becomes suspended, debarred, excluded, or ineligible for participation in Medicare, Medi-Cal or any other federal or state funded health care program, as defined by 42. U.S.C. 1320a-7b(f), or from receiving Federal funds as listed in the List of Parties Excluded from Federal Procurement or Non-procurement Programs issued by the Federal General Services Administration. Contractor will indemnify, defend and hold the County harmless for any loss or damage resulting from the conviction, debarment, exclusion or ineligibility of the Contractor . . See Exhibit A, attached with instructions and signature page that must be signed and submitted with this Bid.

34. INFORMATION
Information regarding the results of any bid may be obtained at the Tulare_ County Purchasing Department, 2637 W~ Burrel Ave., Suite 200, Visalia, CA 93291 for a period of ninety (90) days from the opening date of the bid. Bid tabulations will be made available for review three (3) days after bid opening date.and can be obtained from the Purchasing Department clerical staff.

35. SPECIAL CONDITIONS
Special Conditions attached hereto supersede the General Conditions to the extent of any inconsistency between them. . . . '
. 36.: HEADINGS.
' ' '
Headings are provided for ~,rganizatiohal purposes only and do_not in any manner affect the scope, meaning or intent of the -provisions under the headings. '

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.· . ' .. , ·-.. ~··: ":~ .·· .. :--.-- .
. . '· ·' .. ~!; . ·;, :·~ :-· .~ ' .

BID NO. 24-006 - %" -W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE -MATERIAL CONTRACT

37. OTHER PROVISIONS
A. PRICES shall be firm for the contract period ending JUNE 30, 2024, unless otherwise stated by the bidder hereon:

B. MINIMUM ORDER quantities and charges for less than minimum order quantity shall be assumed as "NONE" unless otherwise stated by the bidder hereon:

C. STATE PURCHASE ORDER mailing address, e-mail, and telephone number for ordering purposes:

Javsoo Eokc~kGS" 1 Po~ 99~Z.'-\~ 1 R~d;,),C.~ 9'o'j£f-Y2..YS 9~~o.K'6n "t'jj(~ol:\.-h~:S.Coh) 1 {J~J- 372-22.2.8
.D~ STATE REMITTANCE mailing address and telephone number for payment purposes:

Ja..,;on £nk/pri5CS fo 6vr qqc.jz<.J8J ~ec/J,~, ,CA 'IIPoCfCf- 4Z4& . . ) r . r 1 E. DEFAULT BY SUCCESSFUL BIDDER: In case of default by successful bidder by non-delivery . ofariicl.e(s) ·and or service(s)"oil or before the delivery date. The County may procure.the articie(s) and or se!Vice(s) froin another source and may recover costs from successful bidder.

The successful bicf.der may be charged; cost of transportation, the difference in cost ofarticle(s) and orservice(s) based on Conh:·act inforritation. The County reserves the right to be . compensated deducting monies owed to successful bJdder from the contract information and or invoiGing the successful l:)idder upori notification of the default. · E. COMPENSATION ADJUSTMENTS for price index fluctuations for liquid asphalt, as set forth in the attacn~d Exhibit B; apply. · · . . . .

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BID NO. 24-006- %"-Y." COLD MIX MATERIAL & W' HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT . 38. INSURANCE:

Prior to approval of a Contract by COUNTY, CONTRACTOR shall file with the Purchasing Division of Tulare County evidence of required insurance for installation as set forth in EXHIBIT C, attached.

Insurance policies shall not be used to limit CONTRACTOR'S liability or to limit the indemnification provisions and requirements of this contract or act in any way to reduce the policy coverage and limits available from the insurer(s). The insurance coverage shall be issued at the expense of and maintained by CONTRACTOR during the entire term of the Contract. CONTRACTOR shall provide renewal policy documents throughout the life of the contract.

FPPC Regulations 18438.1 through 18438.8
·https://govtwestlaw.corn/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=l7624 ·. ·5C705AOA11 EC8227000D3A7C4BC3&originationContext=documenttoc&transitionType=Default&c ontextD%20ata=%28sc.Default%29&contextData=%28sc.Default%29

40. NOTIFICATION REGARDING CONTRACTOR AND GRANTEE COMPLIANCE WITH ECONOMIC ·: . SAN~tiONS IMPOSED IN RESPONSE TO RUSSIA'S ACTIONS IN UKRAINE . The,att.?cped E;xll!bit E sets out inforllJ~tion reg·arding the obligati{)ns of County Contr.actors to comply with .existing economic sanctions imposed by the U.S. government in response to Russia's · fjCtions in Ukraine, as well as any sanctions imposed under state law.

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-·· .... ,
' . . . ' ~- - -' .. _ .. -... ,. . ·,. •\
BID NO. 24-006 - %" -Y." COLD MIX MATERIAL & Yo" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT · SPECIAL CONDITIONS:

SPECIFICATIONS
· Plant Run Cold Mix - %" and Y2" mix as per CaiTrans Specs. Section #39 or as requested by County · · representative. SC-800 or SC-3000 grade oil as per CaiTrans Spec. #93 in conformance with the · latest editions and amendments of the Standard Specifications of the State of Californa, Department of Transportation, Division of CaiTrans for such Plant Run Cold Mix or as requested by County . representative.

DELIVERIES: D~.liveries are to be made at the vendor's plant and/or storage location as required. • Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date.

GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Cold Mix ·Material is important and necessary to the County for the economic completion of its road work projects.

PRICES: Prices shall be F.O.B. Plant Location and shall exclude Federal Excise Taxes, for which the Cq~nty Is exempt. California State Sales TaX wiU be allowed on the net bid price. The price per ton . ·shall include all fees for the duration of the contract. Example, environmental fees, etc:
.·NOTE: for the purpose of this Request for Bid, TON is determined to be 2,000 pounds ayoirdupois.

Bll:ll.RRICE:
. <~ : ·. %;, PLANTRUN·COLD;MIXWITH OIL .: ... -.· . ·, . ~· ._ ... : ·. ;· ·,.
· · · 4;ooo:rons tot.~l ,estima~ed. quantiW through June3o, 2024. • . • •..••• ··--·- •• ,. <" ••• ••• .. '·_· •. .. • • r \ ~
PER TQN,(inch.o~des alrf~es)
·'Y2"PlANTRUt\tCOU) MIXWITH ·otL .. _ . ., ·.··.
'14;000•Tons:totalestimat~d quantity through June 30, 2024 . . . ··:. · .... ··.· . ' ... .. ·· .

PER.TON (inGiudes ~II fees) ·
PER TON (iriCii;!des all·fees)

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BID NO. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT BID PRICE ·Continued:

The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer. _o_\U'-1_:...__ _______ _ INDICATE PLANT LOCATION/SHIPPING POINT: 1..1 lJ,-ll ~\IL \ 'Z.o, Por~v,'/1<..., Clrl , "sz. ~ 7
Compensation adjustment for price index fluctuations applies to this contract per Exhibit 8, attached.

Yz" HOT ASPHALT CONCRETE
Asphalt Concrete shall be Type B, Yz" maximum and shall conform to the provisions in Section 39, "Asphalt Concrete", of the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CaiTrans or as requested by County representative. Oil shall be: Asphalt Binder Oil PG 64-10. 6,000 Tons total estimated quantity through June 30, 2024.

Applicable Sales Tax in addition to the price indicated. 3,000 Tons SOUTH COUNTY
3,000 Tons NORTH COUNTY
PER TON (includes all fees)
$ (pD oo PER TON (includes all fees)
The amount of asphalt binder to be mixed with the aggregate for Type B asphalt concrete will be determined by the Engineer ---+,-------- o ~/ INDICATE PLANT LOCATION/SHIPPING POINT:'Z....( ~\) (l.v<... l l.JJ 1 ~or Wll ,"Jic.., c.14 •
Compensation adjustment for price index fluctuations applies to this contract per Exhibit 8, a,~ z.5 7 attached.

PARTICIPATING DEPARTMENTS:

RMA Road Yard #1, Porterville
RMA Road Yard #2/3, Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Note: Page 13-14 must be completed and submitted.

ATTACHMENTS:
**EXHIBIT A, DEBARMENT- MUST BE RETURNED SIGNED WITH THIS BID FORM. **EXHIBIT D, CAMPAIGN CONTRIBUTION DISCLOSURE FORM- MUST BE COMPLETED AND

RETURNED WITH THIS BID
**NOTE: FAILURE TO SUBMIT THE ABOVE-REFERENCED ITEMS AND BID FORM SHALL CAUSE BIDDER TO BE NON-RESPONSIVE.

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BID NO. 24-006- %"-Yo" COLD MIX MATERIAL & Yo" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

EXHIBIT A

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MA TIERS-PRIMARY COVERED TRANSACTIONS

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this bid, the prospective primary participant is providing the certification set out below. · ·

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation Will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. · -

6. _ The · prospective primary participant agrees by submitting this bid that, should the _- proposed covered transaction_ be entered into, it shall not knowingly enter into any. !ower tier coyered transactjonvvith ~person who is proposed for debarment under.48 CFR part 9, _subpart . 9.4; _ debarred, ·suspended; . d~clared ineligible, or voluntarily excluded from participatiorr in this -_ covered transaction, unless authorized by the department or agency entering into this transaction. -

7. The prospective primary pa,ri:ic;ipant further agrees by submitting this_ bid thal it wi\1 include -the _clause titled. "Certifif:ation ~Regardi~'g Debarment, Suspe'n_siqn, Ineligibility anq _ \ioilintary E.xCiusion-LoWertier-Coye_re·~ Jfans~¢tion';, provided by the depattnienfot ager\CY en!e.rlng int()_ this covered transaction; _without modification, in all lower tier covered transactions and in all solicitations to'r lowedier covered transa-ctions. . . ' . . • • • • ' - ~· / "• • r~ • • .• " ' · __ Page 1Sof20 ·
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BID NO. 24-006 - %" -'!." COLD MIX MATERIAL & '!." HOT MIX ASPHALT CONCRETE - MATERIAL CONTRACT

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier oovered transaction that it is not proposed for debarment under .48- CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the cov~red -· transaction, unless it knows that the certification is erroneous. A participant may d~cide the _ method and frequency by which it determines the eligibility of its 'principals. Each participant may, . but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocureme'nt Programs.

9. Nothing contained in the . foregoing shall be construed to require establishment ()f a system of records in order to render iri good faith the certification required by this clause. The . knowledge and information of a participant is not required to exceed that which is normally · ~ pqssessed by a prudent person in the ordinary course of business dealings. - · · 1 o: Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction· knowingly enters into a lower tier covered transaction with ·a persq~ who is proposed for debarment Linder 48 CFR part 9, subpart 9.4, suspended, 'de:barre:Ci, · .: ineligible, or voluntarily exCiuqed . from. participation in this transaction, · in addition_· to other . remedies available to the -Federal Government, the department or agency may terminate this transaction for cause or default .

CERTIFICATION
I
--. ( 1} The prospective primary participant certifies to the .best of its knowledge and-b¢1ief; t~at : it'aod:its principa.ls: · • · ··- · · · -.-.... '. . ; ---- ..... · . . . - -~
. _· . (a), ' . Are· not ·pre~~ntly .deba.rr;ed, suspended, propos$d for qebarrt1ent dec;lar~d ---. _ in~HgibJe; or vglurit~Niy:ex91Lideii by any Federal department or a9e:~cy; · ·- · .- · · < . - . . . . - .- . . . -·· ~- . . - -. . ' . . . . ' . . . . - . . (b) -__ Have _not wit_hil1, a thr:~~ Y~.a.t peri()d pr;e:ceding this biQ ~~-~_n cprivicte~tof or - - . had a'~civiljudgo'l~ntrenq~r~d:~gainst t~em for comniis~ion offraud:or::a crihj_i~~~ ·. ·- .: . qffel1~~ iri colji.i:if:l'¢ti()h- with_: ()~t~iri,iog,_ a~~mpting to obtain, 'or p~tforning a\p.U,blfc • _· ·. · · (f~det~!• ·Stat~;-()r!o¢~\}_tran,~:aG~i_on_or,c()F!tract und~r a p~b_lic tr~n~aqticm;viol~tipQ- .· of Fed¢ral o(State antitrlist st~tues or commissior:i oJ embezilement ttl eft, forg~tjy; ·•·- .- qR,t;>,ery,:f~_l$i~c;~!ipo_ pr :9E$trud!o8; of records, maki!lg: ~aJse stat~mentsi ·0~ :r~¢~hii_ng. ~tol~n J:>rop~r1Y;: · :- - ·· , , -· · ·- · · - ~ · - · ~ · -· · : : · ··-

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BID NO. 24-006 - %"-W' COLD MIX MATERIAL & W' HOT MIX ASPHALT CONCRETE -MATERIAL CONTRACT (c) Are not presently indicated for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph ( 1 )(b) of this certification; and (d) Have not within a three-year period preceding this application/bid had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid. 1A~~~ te.p
rinted Name Name of Agency or Company

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' .... -~.

BID NO. 24-006- %"-Y." COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

EXHIBIT B
5-1. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS - . . . ·.GENERAL
Summary
. This section applies to asphalt contained in materials for pavement structural sections and pavement surface tre~tmerits such as hot mix asphalt(HMA), plant run cold mix(PRCM), tack coat, asphaltic · erriulsions; bituminous seals, asphalt binders, and modified asphalt binders.placed in the work . . The Engineer adjusts payment if the California Statewide Crude Oil Price Index for the nionth the material is placed is more than 5 percent higher or lower than the price index at the time·of contract.. · The California Statewide Crude Oil Price .Index is determined each month on or about the last . business day of the month by the Department using the average of the posted prices in effectfor the previous month as posted by Chevron, ExxonMobil, and CoriocoPhillips for the Buena Vista, · · Hu~tington Beach; and Midway· Sunset fields. · ·
lfa comp~ny discontinues posting its prices for a field, Cal trans determines the index from the · · • ieJ"Daining ·posted prices. Caltrans may include additional fields to determine the index. ..

For the California Statewide Crude Oil Price Index, go to:
http:liVoJINW;dot.ca.gov/hq/construc/crudeoilindex/
· If the, adjustment is a decrease. in payment, the County deducts the amount from the monthly· .. prpgre~s payi:nent. · · · · . . • ··,·-.' ! . ' '
. . . .. .. . . .
. ·. ··. ASPHALT QUANTITIES ·:····::-:'-'·.'··-· . ".\' . .... . : .·' , .· General
·. - "Jriterpr~~ th~J~rrn "ton" as "tonn~" for projects using metric ljnits . .- . ~ -. :~ : •·.-.·. . .. '' .. -__ .... ' .· . . '. .. . ~ . .- ... ~ . . . . ' : . : . . .. . .li.9f:,f~1i.~:.4~P,IJc:ii~PICI~t ·~llll·~old~M i?C · . ··Tti~--~Qgi_n~erpal~~~~testhe-·quaritity.ofasphalt in HMA or PRCM using the fo!lowi11g form_ulc;J: .. - - . . Qh =.HMA1Tx[Xat(10b +·Xa)] ·· . ,·.·-···· .. ·_._-:, ·.· ··. __ ;. . - ·- ·- ' where:'
-~ ';·: ,. . .. - '
.. ·• 'i. : ·., .9ti ::== qu~ntity .. i.r\ tons of asphalt used in HMA orPRCM HMATT~ HMA~(;rPRCM :total tons placed . .
· )(a= theoretical a$p~altconterit from job mix formula expressed as percentage of ·. the.weightofdry ~ggfegate · · · · · · . .< .
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BID NO. 24-006- %"-Y." COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT . Hot Mix Asphalt Containing Reclaimed Asphalt Pavement (RAP) . The Engineer calculates the quantity of asphalt in HMA containing RAP using the . following formulas:

Qrap = HMATT x [Xaa I (100 + Xaa)]
where:
.. Xaa=Xta-[(100-Xnew) x (Xra/100)]
and
Qrap = quantity in tons of asphalt used in HMA containing RAP HMATT = HMA total-tons placed
· Xaa = asphalt content of HMA adjusted to account for the asphalt content in RAP expressed as percentage of the weight of dry aggregate Xta =total asphalt content of HMA expressed as percentage of the weight of dry aggregate
Xnew= theoretical per~entage of new aggregate in the HMA containing RAP determined from RAP percentage in the job mix formula
Xra = asphalt content of RAP expressed as percentage
... · Asphaltic Emulsion .
. The_ Engineer calculates the quantity of asphalt in asphaltic emulsions, including fog ·.... s~aJs and-ta.ck coat, ~sing th~ foil_owing forrriula:
.Qe =AETT x (Xe:f.100)
where: ·- _ .. ,
Qe = quantity in tons of asphalt used in asphaltic emulsions AETT = undiluted (isphaltic emulsions ·total tons placed_ . . . ·. Xe = rtJiriimurri ·percent residue :specified in Section 94, "Asphaltic Emulsions." ofthe · ·. Stand~rctSp~cificc:ltionsb~sed on the type of eml.Jisio11 used · · ·· · · :;':.~.·. ".· .. ·.:-:-.. ~·,,·,·,::'.~.·-/·.,-·~ ... ·· :.-.' ' .... ·.

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. ' ~':.:. / ' :,. '" ;_ . . '" .. ' . ·, ·--
. BID NO. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

PAYMENT ADJUSTMENTS
The Engineer includes payment adjustments for price index fluctuations in progress pay estimates. If material containing asphalt is placed within 2 months during 1 estimate period, the Engineer calculates 2 separate adjustments. Each adjustment is calculated using the . price index for the month in which the quantity of material containing asphalt subject to adjustment is placed in the work. The sum of the 2 adjustments is used for increasing or deqreasing payment in the progress pay estimate.

The Engineer calculates each payment adjustment as follows:

PA= QtxA
wh.ere:

PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month .
. _. Qt = Sum of all quantities of asphalt:-contained materials in pavement structural . . ·sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + :oe + Qss + Qmab + Qo). ·
A =Adjustment in dollars per ton of asphalt used to produce materials placed in the work rour1ded to the nearest $0.01.
· . For US Customar-Y projects, use:
· A= [(ILi./lb) - 1 _.05] x lb x [1 + {T /1 00)] for an increase in the crude oil price index exceeding 5 percent · ·
·A = [(lu /lb) .;. 0.95] x ib x [1 + (T I 1 00)] for a decrease in the crude oil price index · . . ·exceeding 5 percent
Fpr metric projects, use:
.. A= 1.1023 x[(lu /lb)- 1.05] x lb x [1 + (T /100)] for an increase in the cruqe .. : .. · oil price in~e:x'exceedlng 5 percent
· A=· ft023 x [(lu )lb )~ 0.95f.J( lb x [1 + (T /1 00)] for a decrease in the crude oil .· pr:ice'inde>(exc:eeding5 ·percent . . .·. .. "'· .. ·. - .

Ju = Califori)i~ ~t~~ewide Crude,O.ii Price_lr;~dex for the month in which the quantity of · :·.: ~~·P.J1~1($4_bj~cfto_ $<iJJustn1ent was.ptaced in the work. . · · · lp #: Califofnia·statewide Cr!Jde Oil Price Index for the month in which the bid opening for the project occurred '. . . '
T :::= .Si:He$ Sind_·u~e tax:rate,,expressed as a p-ercent, currently in effect in the tax jurisdictic:m . . • where the' mate'rii:ifis placed. lfthe tax' rate information is not submitted timely, 'the ... ·. . . . • ··stab;~\Vid~ s~l~s aQ91J~e:t~~r*~ is used. in the payment adjustment~lcu_ta~ions until t~e- . :tax rate_i~fofrry~tio~J~ sub~itte,d. . . . . - . -~ . . . ,,'. ,.

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'~ : ":. . .

EXHIBIT C

NON-PROFESSIONAL SERVICES

INSURANCE REQUIREMENTS
CONTRACTOR shall provide and maintain insurance for the duration of this Agreement against claims fr;>r · inJuries to persons and damage to property which may arise from, or in connection with, performance under the Agreement by the CONTRACTOR, his agents, representatives, employees and subcontractors, if applicable.

A. Minimum Scope & Limits of Insurance

1. Commercial General Liability coverage of $1,000,000 on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury (occurrence Form CG 00 01). If a general aggregate applies, either the general aggregate limit shall apply separately to this project/lbcation (ISO CG 25 03 or 25 04) or the general aggregatE! limit must be no lessthar\ $2,000,000.
2 .. Insurance Services Office. Form Number CA 00 01 covering Automobile Liability, (any auto) .of no less than $1,000,000 per accident for bodily injury and property damage. If an annual aggregate .. · _·applies it must be no less than $2,000,000. · · ·

3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, <!rid Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodiiy i~jury ~r . disease. .. .

B.. · Specific Provisions of the Certificate

1. If any ofthe required insurance is written on a claims made form, the retroactive date mustbe:before - the date of the contract or the beginning of the contract work and must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract work. . .

2. . CONTRACTOR must submit endorsements to the General Liability reflecting the following· provisjons: ·.- ·- · · · · ·· · · · · a.. -The COUNTY OF TULARE, it~ officers, agents, officials, employees qnd v.olunteers are ~o be.· .... covered (is izdditionai insured.s as respects: liabmty arising out. of :work. br. bperatiohs peiformed by·;r.:on beh~ifof the Cont;actor including mate;ials, pdrts,· or equlpiii~n( . · · ·' ju_rnish~d fn\:bf1n~r;t:ioh With.sufh work or operation. . . . . . .. - ... - -~ . . . . .. ' . .. . . .. ' . q ... For cinyc/airns re}ated. to this project, the CONTRACTOR's insurance coverage shall be #hmil,Y irilurahce cis ;esp~cts the COUNTY, its. officers, agenis; officials~. empJoye~s and . volunfeers.Anyirlsutanc~orself-insurant;e maintained by the courllfy, its officers, ag~hts, .. ·- . oft/iiais, 'erri~l y¢esor volu~~e~rs shqllbe excess of the coNT_RACTbR's lns~ranc~ Cinlishali · noi"contrlbute:witldt. ·~ - . . . , . . . . . . . ·' ";_ ,-. . ·-- . ., '·' " ~-- . . . . .
c. ~dch insurance polic~reqtiired by this agreement shall pr_ovide that coverage shall . · not be caricelei:l, ·exc~pt with written ilotice to the couNTY. · ·. · · · · .. ··-- ,· .. -.·/_:·-·· .-- .... ...-_:· .. •. ·-. :--.. . . d; . tONTR/J.Ct~R hereby grantsto COUNTY a waiver of any right to s~br;~(jatiorr whiih any · in~Ureroftfie'cor{rkAcfoR.mcw a~qulre against the COUNTY b}i~idu~.of the payrne(lt (Jj 'anyiass:~~de;sJ'ch;n~w~'nce;· toNrifJ.CioR agrees to obtain any imi:!J.rsement thatinqy · .. be ·neCii$sary i:d(iftect; this waiver o{subfogatio~, but this provi$ion_applies regardle:sS:ot . whether of. not the COUNTY has -received a waiver of s~brogatlon endorsement from ihe '· ' ' . . - . - '·. . ~-- . . . - - ' . . ' ·.- . . . -- ... ',.. ' iri~llr;_r, _ .·-:::.:-·.' . . . . -.. ~- : _ _. .

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.: -·

3. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the COUNlY for all work performed by the CONTRACTOR, its employees, agents· and subcontractors.

CONTRAc;TOR waives all rights against the COUNlY and its officers, agents, officials, employees and volunteers for recovery of damages to the extent these damages are covered by. the . workers compensation and el\lployersliability.

C. Deductibles and Self-Insured Retentions
Deductibles and Self-insured retentions must be declared and any deductible_ or self-insured retention that exceeds $100,000 will be reviewed by the COUNlY Risk Manager for approval. . . - .

D. Acceptability of Insurance
E.

Insurance must be placed with insurers with a current rating given by A.M. Best and Company of no less than A-:VII and a Standard & Poor's rating (if rated) of at least BBB and from a company approved by the Department of Insurance to conduct business in California. Any waiver of these standards is subject to approval by the County Risk Manager.

Verification of coverage
Prior to approval of this Agreement by the COUNlY, the CONTRACTOR shall file with the submitting. · department, certificates of insurance with original endorsements effecting coverage in a form. acceptable t~ the COUNlY .. Endorsements must be signed by persons authorized to bind coverage on behalf ofthe il'!sure~. The COUNlY reserves the right to require certified copies of all required insurance polides ~t any .· time.

WAIVERS:

I represent and att~st that I am a person authorized to make representations on behalf of the CONTRACTOR,:
. a·ndrepresentthe following: . . - · · .
(Mark X if applicable)
Automobile Exemption: _I certify that does not own nor use yehides in the,· - perf~rm.~nce of the agreen1ent for which this insurance requirementjsa~ached: · ; . . ·.Workers' Compensation Exemption: I certify that is not required to carry work~rs' com·p~nsation coverage or has filed an exemption with the State ()fCaliforniaa~ required -~~- . . .. . . ·. lacknowledge and represent that we have met the insurance requirements listed above . . PrintN~me YA:t\'{ QJ\ ~J Date: . CJt/ \ ~ J Z3 .
. - . . . \ c., ~~~r . r .-ll ,.._ .T'- _, Cr ~-. t_ '"s_~~-l ~-. . •C.ont~act~>~ 2:f'~ JK-> C{O- ~ ~ r S~n~ur~~ . . . . ' .. ·.. ' . -~ .- : . '·. ·.: ·.' . .

Rev. 12-18
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· Your ".agent" •iS $Qm¢one.Who represents you in connection with a proceeding involviijg a lic~e, ,perm~'(ir ot~er,.~f\t;lienjentJodJs¢. If an individual acti~ as an g~~t~;atS~ adi~: i~~~-~~ or ~er cap~c~ a's ~n· emp~yee or merilller of a l~w,.architecttiral, engineerin& '(orisulti~g r.~-~ ()~similar . bllsine5s -efiiitv~ :bQth:~htH~U$lness<entitY and the indiVidual are· "ager~' for i:nir-poS~s .c;)fth~ · - .·~t:Uies,. '· · · ·· - · · · -To,:determin¢'whether a·~mpaign contribution of_more than $2$0 h;Js ~n mad~ bY Y®•- ._ · ~O;~igtl ·~ntriQ\.ttiqP$:tnade b.v you within the precedihg 12 mot:tt~S•in!Jst ~ aw~~t,d with t~bs~ ~~~-e :13y y()~,~,r, .• l"'~,·withln: the precediog :12 nlomhs or tl{e, pe~od, of the :Q~cv . r~~~tion$hip; vih~~r-~ Shp;t~~· -'ContribUtions made'by:~u.r-majp~lty,$h~r~~plg~r:iif~!:~t~~ly '. . field ·corJ)Oratio:n), .your ~oeontractor(s), your ioint venturer(s), 'al1d youi -l)cl$etts)~--i·n thiS . · · ·~~:~1=~;=~::.~~~ pc~t;ti_f1g~ti"h.<?t ~Ht,pt,d,,wJttlt:on:trJbutic)ns to.th~ firSt Soar~t_li!ei;nb~r .. t"!~~~~·· bt,itat,~raur¢sat~d . ~;~-·~.ti~~A~~~bt!t :Or:,_oi~-~ tounty ri{ficer:wh~ may·~r:tiC.i~te in y(j\~r p~~e~fri~~: · :· · ·· . A"~~Jotd1e;~o;~r69t$~p,_nii$ors m~m~I'S '"d ~ther eountv officialS is~~bect · .·':',,,·····::"-:'"':·'· .-'"· ~-._.-.:.<;;-. .''····:·"''::"'l ..... · ~· ··.,.~---~.' .. · ........ •, .· . ~--:_ .. ' .. · .. :~=· .,_. ( :·.·_·;._.: __ , .. -·
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·couNtY OF .TULARE
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DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050

13.5 Consent Page 36
·. :· .:.::·. • ..... . ' -, _;, .. ·;~
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· ATTENTION ALL COUNTY OF TULARE

CONTRACTORS AND GRANTEES
Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia's Actions in Ukraine · · · ·
.on March 4, 2022, Governor Gavin Newsom. issued Executive Order N-6-22 {EO) regarding ... ' ·: . . .... ' ,. ... . ' . . . ' . . ·.· sanctions in response . to Russian · aggression in Ukraine. The EO is located at • https:/fwww.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive- · ·· · · .brder:pdf . · · · c • • • . . .

The EO directs all agencies and departments that are subject to the Governor's authprity to take · ·· cert~iri imrn~di~te_.ste~s;·induding notifYing.,allco~traCtors and grariteescitheir ol:>hga~ions to ·-• .· . . . . cqrr#>lywith.~X-i$ting~coriomi-~san~tions_imposed b.ythe U.S. government inr~'spon_~etp.R~ssia;s . . · < actions-in Likr~ine, a~ ~ell as arw sanctions imposed under state law. . ... - .. , ... . .,, ·. .· ·.-. ·:.. .. .· ' .. · ., ·.. ' : ·_ ·. This~corr~spppde.hc~- sef:\l~spS~CI n6tic;e ljndet the EO that as a ,cont~actor or gr?Jritee~ ~ompUance · ·. with''th~ ~i:b~brnic- ~~ncti~hs. inipdsed in' response to RGssia1sactlon5 in dr<raine'kr~quired, · .• -.· :< iiicluarnbAiith _respE!tt-io~ t>ut'n~tiirni1:ed to, the' federal executive C>rder~ id~~tifi~d in:tH~:~ban·d ·_. : the --·sanction~ . identified. on. the U.S. Department of tne Treasury· web~ite · · (https:dh.orrie.treasurl;gov/policy-issues/financial-sanctions/sanctions-programs-arid-cou~try-· · inf6im~tid,~/Okrairi'~~~u~sia~r~lated~~ahctions). Failure to comply may result in th~ terr:rii~~tlpn 'of > • ~o~tr~t~{~~:~r~~~~~ ~i:~ppli~a.b-1~.: ·' : ; - · . · ·
-. - As:a::remin-ctei-,:~gr~ernentswith the County of Tulare include portions which require·co.rtlpliance ._ with. au·· local:; st~ite, ~nd -federal laws and directives which includes Executive Orde~s.s~ch ~s the · . :Eo·_~i$j:~~~~d _h~r~: Th,¥~~.o::'~avn~t a~pply to ~r- ¢ffect your agreement ·w."iththe Cdli[lty/PI~~se _- ~¢.Eich:ouft9 ourdepaf!:merit.in orperto' seek clarification should you have any questipns ... _:P!~as~ ~ot.e._;thatfor any agreeme_Qt~ or g~arits valued. at·$s million: or .more,--~· ~epa_ra~e · · _- nbtif_icatiotfv\tiiJbe-~eh~ 9u.tlining.~dditi6_nal r~qplrements specified ~:Jnd¢rth,e EO. • · · . . " .' .· . -~ ; .. ... . ··.- ~ . ,,, . . . '· .
. . -. _·. :·
. :,·:· ,' ...

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050

13.5 Consent Page 37
Certificate Of Completion
Envelope Id: 4B046B59ABFA4E09BD2DCFA1F33D2050 Status: Completed Subject: 3/8" Cold Mix Material - North/South County
Source Envelope:

Document Pages: 34 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 0 Sandra Kinzel
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
2637 W. Burrel Ave.

Suite 200
Visalia, CA 93291
[email protected]
IP Address: 38.127.225.87
Record Tracking
Status: Original
6/23/2023 9:52:57 AM
Holder: Sandra Kinzel
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Carahsoft OBO County of Tulare Location: DocuSign Signer Events Signature Timestamp
Jack Baker
[email protected]
Pres
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 128.92.11.138
Sent: 6/23/2023 9:54:13 AM
Resent: 6/26/2023 9:09:26 AM
Viewed: 6/26/2023 9:16:03 AM
Signed: 6/26/2023 9:17:28 AM
Electronic Record and Signature Disclosure:

Accepted: 6/26/2023 9:16:03 AM
ID: fc22c01f-cd5c-4b22-bb7a-d208fc5aecb8
Cher Castellini
[email protected]
Purchasing Manager
Carahsoft OBO County of Tulare
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.189.152.6
Sent: 6/26/2023 9:17:30 AM
Viewed: 6/27/2023 5:38:49 PM
Signed: 6/27/2023 5:39:02 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps

13.5 Consent Page 38
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/23/2023 9:54:13 AM
Certified Delivered Security Checked 6/27/2023 5:38:49 PM Signing Complete Security Checked 6/27/2023 5:39:02 PM
Completed Security Checked 6/27/2023 5:39:02 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

13.5 Consent Page 39

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft OBO County of Tulare (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 2/13/2019 2:56:42 PM Parties agreed to: Jack Baker

13.5 Consent Page 40
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Carahsoft OBO County of Tulare:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise Carahsoft OBO County of Tulare of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from Carahsoft OBO County of Tulare To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Carahsoft OBO County of Tulare To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

13.5 Consent Page 41
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify Carahsoft OBO County of Tulare as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Carahsoft OBO County of Tulare during the course of your relationship with Carahsoft OBO County of Tulare.

13.5 Consent Page 42
PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERALSERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291

COUNTY OF TULARE

GENERAL SERVICES AGENCY
Purchasing Division
June 21, 2023
Jaxon Enterprises
Dba Deer Creek Asphalt
1643 Tahoe Court
Redding, CA 96003
Email: [email protected]
SUBJECT: MATERIAL CONTRACT NO. 1904 – 1/2” COLD MIX – NORTH/SOUTH COUNTY GENERAL: This is to notify you that the Tulare County Purchasing Agent is accepting your Bid No. 24-006 dated June 14, 2023 for the supplying of 1/2” Cold Mix-North/South County to the County of Tulare as indicated on the attached sheets. The above contract number has been issued and the contract will be effective, subject to the terms and conditions of the bid and to the provisions as incorporated herein through the period beginning July 1, 2023 and ending JUNE 30, 2024.

PRICES: The prices as bid are to be the maximum charged for the period of the contract. The Contractor shall immediately notify the County of all manufacturer's price decreases and the County of Tulare shall receive the full benefit of all such decreases, effective on the date of the manufacturer's general public announcement. The attached sheets and enclosures enumerate the prices applicable herein.

Prices are F.O.B. Destination to various County Departments or Governmental Entities.

Federal Excise Tax Exempt.

State Sales Tax to be added.

Cash discount terms: NET 1% 30 DAYS
ATTACHED SHEETS: The attached sheets and enclosures are herewith made a part of this contract.

USAGE: Usage of materials will be interspersed and periodic during the contract year, and as such will not be subject to shipment of the total estimated requirements at any one time.

DELIVERIES: Deliveries are to be made to the using department or agency by common transportation carrier, by the Contractor's own equipment, or by other means so as to effect prompt delivery.

Material Contract
Page One
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B

13.5 Consent Page 43
Due care shall be exercised in packing, handling and shipping to assure arrival of the material at its final destination in excellent condition. Any damage, loss, breakage, deterioration or other reason causing material not to arrive, or to arrive in other than excellent condition, shall be the responsibility of the Contractor. Frequency of delivery will be determined by the needs of the using department or agency and will be interspersed throughout the contract year.

Sufficient notice will be given to the Contractor to effect the required delivery.

QUANTITY & QUALITY OF MATERIALS OR SERVICE: The Contractor shall furnish and deliver the quantities designated by the Purchasing Agent. Packing slips which clearly identify the merchandise and the County of Tulare's Purchase Order number or agreement must accompany every delivery. All materials, supplies or services furnished under an agreement or Purchase Order resulting from this agreement shall be in accordance with the County's specifications. Materials or supplies, which in the opinion of the Purchasing Agent are not in accordance and conformity with such specifications, shall be rejected and promptly removed from the County's premises at the Contractor's expense. A resulting contract does not guarantee a specific amount of business.

RESPONSIBILITY FOR GOVERNMENTAL ENTITIES OTHER THAN THE COUNTY: Those Governmental Entities other than the County and its departments who are listed in the Request-For-Bids or who are subsequently included have signified their intention to participate in the Tulare County Contract. Participation will not impose any responsibility for payment of claims on the Tulare County Board of Supervisors or the County Purchasing Agent. Each such Governmental Entity will be billed separately, and payments will be made by warrants drawn on the appropriate funds for the Governmental Entity.

CONTRACT EXCLUSIVE: The provisions of the contract shall in no way prohibit the County from making incidental purchases from another suppliers for the same commodities as herein listed.

MERCHANDISE RETURNABLE FOR FULL CREDIT: Contractor agrees to give full credit for any merchandise sold by him on contract, if returned in good condition by the County.

PURCHASE ORDERS: Purchase Orders will be issued throughout the contract year to the Contractor for the requirements as needed for the department or agency.

Material Contract
Page Two
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B

13.5 Consent Page 44
RIGHT TO AUDIT: The County of Tulare reserves the right to verify, by examination of Contractor's records, all invoiced amounts when firm prices are not set forth in the purchase agreement.

CONTRACTOR ASSISTANCE: Contractor shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements.

INDEPENDENT CONTRACTOR STATUS: This Contract is entered into by both parties with the express understanding that CONTRACTOR will perform all services required under this Contract as an independent contractor. Nothing in this Contract shall be construed to constitute the CONTRACTOR or any of its agents, employees or officers as an agent, employee or officer of COUNTY. CONTRACTOR agrees to advise everyone it assigns or hires to perform any duty under this Contract that they are not employees, agents or officers of COUNTY. CONTRACTOR shall be solely responsible for determining the means and methods of performing the specified services and COUNTY shall have no right to control or exercise any supervision over CONTRACTOR as to how the services will be performed. As CONTRACTOR is not COUNTY’S employee, CONTRACTOR is responsible for paying all required state and federal taxes. In particular, COUNTY will not:
a. Withhold FICA (Social Security) from CONTRACTOR’S payments. b. Make state or federal unemployment insurance contributions on CONTRACTOR’S behalf.
c. Withhold state or federal income tax from payments to CONTRACTOR. d. Make disability insurance contributions on behalf of CONTRACTOR. e. Obtain unemployment compensation insurance on behalf of CONTRACTOR.

Notwithstanding this independent contractor relationship, COUNTY, through the Purchasing Agent, shall have the right to designate the sites at which services are to be performed, and to monitor and evaluate the performance of CONTRACTOR to assure compliance with this Contract.

Material Contract
Page Three
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B

13.5 Consent Page 45
INDEMNIFICATION: CONTRACTOR shall hold harmless, defend and indemnify the COUNTY, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to any property, including COUNTY property arising out of the acts or omissions of CONTRACTOR or its agents, officers and employees under this Contract.

The foregoing obligations will continue beyond the term of the contract as to any act or omission that occurred during the term of the contract or any extension to the contract.

RENEWAL: The Contract may be renewed, by mutual written consent, for an additional TWO (2) ONE (1) year terms provided the prices, terms, and conditions remain the same.

TERMINATION OF CONTRACT: The County of Tulare may by giving ten (10) days written notice to the Contractor, terminate the contract prior to its expiration for due cause. Due cause for termination of contract shall be, but not limited to, failure to deliver in quantities required within a reasonable time period, failure of the product to meet specifications, and/or for reasons of unsatisfactory service.

The County may, upon giving thirty (30) days written notice to the Contractor, terminate the contract, with or without cause.

Material Contract
Page Four
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B

13.5 Consent Page 46
HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.

CONFLICT OF INTEREST:
(a) CONTRACTOR agrees to, at all times during the performance of this Agreement, comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to Government Code Section 1090 et seq., and the Political Reform Act, Government Code Section 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. The statutes, regulations and laws previously referenced include, but are not limited to, prohibitions against any public officer or employee, including CONTRACTOR for this purpose, from making any decision on behalf of COUNTY in which such officer, employee or consultant/contractor has a direct or indirect financial interest. A violation can occur if the public officer, employee or consultant/contractor participates in or influences any COUNTY decision which has the potential to confer any pecuniary benefit on CONTRACTOR or any business firm in which CONTRACTOR has an interest, with certain narrow exceptions.
(b) CONTRACTOR agrees that if any facts come to its attention which raise any questions as to the applicability of conflicts of interests laws, it will immediately inform the COUNTY designated representative and provide all information needed for resolution of this question.

FORM DE-542: CONTRACTOR acknowledges that this Agreement is subject to filing obligations pursuant to Unemployment Insurance Code Section 1088.8. Accordingly, COUNTY has an obligation to file a report with the Employment Development Department, which report will include the CONTRACTOR’s full name, social security number, address, the date this contract was executed, the total amount of the contract, the contract’s expiration date or whether it is ongoing. CONTRACTOR agrees to cooperate with COUNTY to make such information available and to complete Form DE- 542. Failure to provide the required information may, at COUNTY’s option, prevent approval of this Agreement, or be grounds for termination by COUNTY.

Material Contract
Page Five
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B

13.5 Consent Page 47
ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided in this Agreement, COUNTY is relying on the personal skill, expertise, training and experience of CONTRACTOR and CONTRACTOR'S employees and no part of this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of COUNTY.

WAIVERS: The failure of either party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other party.

EXHIBITS AND RECITALS: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

OTHER PROVISIONS:

ACCEPTED: COUNTY OF TULARE

Date By________________________________
Purchasing Agent

ACCEPTED: JAXON ENTERPRISES DBA DEER CREEK ASPHALT
Date By_________________________________
Title________________________________
Date By_________________________________
Title________________________________
[Pursuant to Corporations Code section 313, County policy requires that contracts with a Corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president (or another officer having general, operational responsibilities), and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer (or another officer having recordkeeping or financial responsibilities), unless the contract is accompanied by a certified copy of a resolution of the corporation’s Board of Directors authorizing the execution of the contract. Similarly, pursuant to California Corporations Code section 17703.01, County policy requires that contracts with a Limited Liability Company be signed by at least two managers, unless the contract is accompanied by a certified copy of the articles of organization stating that the LLC is managed by only one manager.]
Material Contract
Page Six
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B ceo
6/26/2023
6/27/2023

13.5 Consent Page 48
CONTRACT NO.: 1904
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 24-006
VENDOR NAME: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
PHONE: (530) 241-2112
FAX: (530) 243-0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:

DON THOMASON
CITY STATE ZIP CODE: REDDING, CA 96003 E-MAIL:
[email protected]
ORDER FROM: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
STREET ADDRESS: 1643 TAHOE COURT
CITY STATE ZIP CODE: REDDING, CA 96003
REMIT TO: JAXON ENTERPRISES
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
SUBJECT: 1/2” COLD MIX MATERIAL – NORTH/SOUTH COUNTY
COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2023 THROUGH JUNE 30, 2024
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: NONE
MERCHANDISE RETURNS: FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

PRICES: SEE EXHIBIT B – COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD Material Contract

Page 1 ends

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13.5 Consent Page 49
CONTRACT NO.: 1904

SUPPLIER
PART
NUMBER

EXTENDED DESCRIPTION UNIT OF MEASURE LIST PRICE
001 1/2” COLD MIX – NORTH/SOUTH COUNTY TON $54.00

SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor’s plant and/or storage location as required.

Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date.

GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Cold Mix Material is important and necessary to the County for the economic completion of its road work projects.

NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 1/2" PLANT RUN COLD MIX with OIL: $ 54.00 PER TON

Plant Run Cold Mix – 1/2” mix as per CalTrans Specs. Section #39 or as requested by County representative. SC-800 or SC-3000 grade oil as per CalTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans for such Plant Run Cold Mix or as requested by County representative. 14,000 Tons total estimated quantity for North County/South County through June 30, 2024.

Applicable sales tax will be added in addition to the price indicated above.

The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer.

PLANT LOCATION/SHIPPING POINT: 27671 AVENUE 120, PORTERVILLE, CA 93257 SMARA MINE ID 91-54-0021
PARTICIPATING DEPARTMENTS:

RMA Road Yard #1, Porterville
RMA Road Yard #2/3 Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Material Contract

Page 1 ends

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B

13.5 Consent Page 50

REQUEST FOR BID

THIS IS NOT AN ORDER
CO{TNTY -OF TULARE
Office of

PURCHASING AGENT
2637 W. Burrel Ave., Suite 200
Visalia, CA 93291-4593
Date: _ __,M=av.z...=24;:.:.-;..:::2~02::::3::,._ __
Req:242303924
REFER TO BID No.
24~006
By: Cher Castellini _
Phone: 559 -205-1100
Bids will be-received by the Tulare County Purchasing Agent, 2637 W. Burrel Ave. Suite. 200, Visalia, CA 93291~45_93tmtil. ·_ 2:00 P._M~_oit,Jli~E 14.2023 . Delivery F.O.B. PLANT LOCATION - - · NOTICE: Bid on each item separately unless instructions read otherwise. Attach complete fiP~C::ifi~ations for any ?Ubstitutions offered or when cialification is desirable or necessary. The right is reserved:to-~ejectany 0r albbiqs. --
lndic~te- BID NUMBERant';f, BID CLOSING DATE on outside of envelope fQr p~per.bi~ su~rnissio11s • • ' - __ • • - -. < .... -.- ·. • $1i:fNO~ 24~0()_6-CLOSING DATE: June 14, 2023 . .- - . . .. . . · %'1;.%" GOLD.:MIX-.MATERIAL & %'~HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT The ."l;ulare County Purchasing Agent invites bids to be submittecl for the purchase oPI!t-W' COLD MIX MATERIAL&%,; HOT MI.XASPHAL..T as required. Such contract will be for a one (1) year period effectivebeginning JULY 1, 2023, and ending. JUNE 30, 2024. · BIDDERS QUESTIONS: Bidders may submitany question they have pertaining to this Requestfor Bid: to [email protected]. Any and all que_stions must be su9mi_tted via _ -www~b-idnetdirect.com ·or [email protected] by 5:00 p.m. MAY 31. 2023, in orderto . 6-~--ci:)Q'siderec~t _:Que~tions and ~nswers·wfll be distributecf to all ~idders only if necessary to cl_a_dfY - subsf~"nti:ve:iterns -raised. No cnange~ and/or additions will be m~de to this Requestfor Bid within fortY (40) -.wgf.~in~;pg.ur?o(it~-,~~~~ing date: · - · · ··
· DEfAULT ~Y.SU.CCESSF.Uh; BIDDER: ._ln qase of default by succe~sftJI bidder _by nbn;.deliv¢ry ()f~~itle(s} and-~fis.~ryicfe(S.),qf:i;:qr;p~{ore'Jhe;a~llve,ry:•da~e:-The County may procure the ~rti.de(s).andor::,serv!ce(s)_-. . from.~~u1otoer so.4rd~~hd'rnaytecoy~r:CQ~ts.frqm successfljl b_idder. The succe~sflil. bidder ni9Y be c!:18,rg~d, . costoftransp6rl:ati-pq, thE:}·differ~hp~:in'46st,cif'~rticJe(s)and or service( is) base'd on .Contract inforrn~ti6n. . ..

The Coubty+e~ery~s:.fil~righ(_tq b¢:c.ompen~~t~d deducting mqnies owed tQSUf~essfufbidder:kom the ccmtract.information·an<:l :or inypicing tbe:suGces~ful bidder upon· notification, of:the _default. . . • . 'i. . .. - • •·• . - • -_ ·. - . - : . . • • ~ :;:c.•- . ; ~. . . : . · · INTE_N:r:-Th~Gqt/ntyis{n~ne.~!Ji.Pf'Gold~Mi*l3n9,HotMix AsphaltGqncrete Materi.a,lifor lt~;rpad_·f:?~pj~9~s. Qye to>ihcreasing:ttfel'.costs,·it is·.more'economi¢al·fodhe CountY to award tW:o (2). contra¢ts .. One,Jordhe-South .- . __ -_._ :~:.·-~------· .. · .• , ~-= ,.··:·-·--_•.-'.-.· _,:::·-'-: .... ,_., .. ,·.· :'." .·::;-:-;:,.:.·-'."•··, . -·' . ., - ·-,; --. ·,._'_ ,:_1 •• ,,.,_ • .;. __ ...... '-._.-;',!¥·-;·''_,--..-~:-._-:"".-'";.:
end·_ar,lq one::fq(tt:i.~North ~nd qf:the _Qounzy.': For the. purpp~e of this bid, Avehlie 232 will-be used.:ai:ftlie. dividing line.. , · · -· .- · -·· · --. · ,·_:·.

ATTACHED .SHEETS:. The atta.c~~dsheets indicate the condition of the~ bid and- qontrac;t, speGificaticms, using~, dep~rtmerits';ana a.gehqie~; al'ld. estim$.t~d ·quantities of the pr6ducts to be· usedfotone. (1} year.

Quantities estirr~ated will be used forh~sis _of.award and are based ori _past year·~ usage. -AND.SI~~~t~~;~~~~~N~g~f~~~~:~~~:e~s~l~~ ;-~~t~~11PR'S.BIO.

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BID NO. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT RETURN BID WITH THIS FORM.

Signature Page

VENDOR TO COMPLETE THIS PAGE

PARTICIPATION
The County is currently a member of the Central Valley Purchasing Group which consists of Fresno, Kern, Kings and Tulare Counties, and the Political Subdivision, Municipalities and Tax Supported Agencies within these County boundaries. Whenever possible, these entities wish to co-op (piggyback) on existing bids. Please state if your bid will or will not be extended to these entities under the same terms and conditions as stated in this bid.

Select YES or NO.

DOES COMPANY MEET THE REQUIREMENTS OF A "LOCAL VENDOR" (Refer to Section 31) Select YES or NO.

Undersigned agrees to furnish the commodities and/or services as stipulated in this REQUEST FOR BID at the prices/fees, terms, and conditions stated.

Company: J~xor"1 tn.\<rtfi 1 <..-S
Address: Zl l.?., I f;\y <- \ l..o
~~ D~ Crc..-e.-"- &2~\,~
County: ~let I"(.

City('\ _ .
wwvi\l-c....

Signed By: va!:XA ~ PfS:rr'l &Ak:El
Title: '5::s._\-e) Q. . Date: ~
Note: This. signature page must be turned in with your Bid

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ICJ, 2.o~"S •
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BID NO. 24-006 - %"-%" COLD MIX MATERIAL & %" HOT MIX ASPHALT CONCRETE - MATERIAL CONTRACT

1. PREPARATION OF BIDS

REQUEST FOR BID

GENERAL CONDITIONS
A. All information requested of the bidder shall be entered in the appropriate space(s) on the form.

Failure to do so may disqualify your offer.

B. Any Attachments and/or Exhibits are herewith made a part of this Request for Bid.

D. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the bidder.

E. To be considered, bid~ must be submitted and received by the Purchasing Division on or before the Deadline for Submitting Bids.

F. Bids will be accepted via hard copy delivery at Tulare County Purchasing, 2637 W. Burrel Ave., Suite 200, Visalia, CA 93291 or via electronic submission on www.bidnetdirect.com. If bids are received after the deadline, vendors will be notified via electronic mail of the late submission.

Timestamp will be used to determine timeliness of submission. The County is not responsible for late submissions due to delays in electronic delivery.

G. All bid prices shall be F.O.B. County of Tulare.

H. Bid prices shall remain open and valid subject to acceptance for sixty (60) days after bid closing date.

I. Prices bid SHALL remain firm for a minimum of 120 days after award to cover subsequent purchase requirements.

J. Prices bid by bidder are considered accurate and cannot be withdrawn after the bid is closed.

K. Upon submission of biddo9uments, all such documents shall become the property of the County.

L. Time of delivery sh~ll be stated as the number of calendar days following receipt of the order by the bidder, to the receipt of the goods or services by the County. Time ofdelivery may be a · consideration in the award.

M. Prices will be considered as net if no cash discount is shown. . -- . ~: . - .

N. Provide any other information notspecifically requested which may be considered by the Purchasing Agent ·(Purchasing Agent is not obligated to consider any information not specifically reque~te~ in this _bid _request.) · ·

0. Tulare County generally solicits bids from a wide variety of bidders which may include retailers, wholesalers, suppliers, distributors, etc.

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BID NO. 24-006- %"-W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

BRAND NAMES/QUALITY
A. Brand names and numbers, when used, are for reference to indicate the character or quality desired.

D. When brand, number, or level of quality is not stated by the bidder, it is understood the offer is exactly as specified.

3. SAMPLES
A. Samples of articles, when required, shall be furnished free of cost of any sort to the County of Tulare.

B. Samples of articles selected may be retained for future comparison.

C. Samples which are not destroyed or consumed by testing, or which are not retained for future comparison will be returned upon request at bidder's expense.

4. TAXES
A. Tulare County is exempt from payment of Federal Excise Tax. No Federal Tax should be included in the price. Exemption C~rtificates will be furnished when applicable.

B. Unless otherwise definitely specified, the unit price stated herein does not include California State Sales Tax. Lump sum bids for labor and materials shall include all applicable tax.·

5. CASH DISCOUNTS
In connection with any cash discount speCified on this bid, time will be computed from the date of complete gelivery of the supplies or equi~ment as specified, or from the date correct invoices are received if the latter date is later: than the ·date of delivery. For the purpose ofearning the di~count, payment is dee!Tied to be made on the d*e of in ailing of the County warrant or check.

6. USAGE
Usage of materials will be intersp~rsedand periodic during the contract year, and as such will not be subject to shipment of the total estimated1requirements at any one time.

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BID NO. 24-006 -%"-Y." COLD MIX MATERIAL & Yz" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

8. INCLUSION IN THE CONTRACT
The County departments and governmental entities listed are those which will participate in the contract.

However, the right is reserved by the Purchasing Agent, at his/her discretion, to include any other County department and/or governmental entity in the contract at the accepted prices.

9. LITERATURE.

Bidders shall submit literature which fully describes items on which they are bidding, no later that the dosing date of this bid. Any and all literature submitted must be stamped with bidder's name and address.

11. PRICES F.O.B.

Quotations are to be F.O.B. PLANT LOCATION.

12. MINIMUM ORDER
Bidder's offer must indicate minimum order quantities and charges for less than minimum order · . quantity. If not stated; it will be assumed there are none.

13. AWARD
The County of Tulare reserves the right: (1) to award bids received on the basis of individual items or groups of items, or on the entire list of items; (2) to reject any or all bids, or any part thereof; (3) to waive any informality in the bids; ( 4) to make partial awards or award to more than one 'vendor (if vendor bid prices are based only on an "all or none" award, vendor just so specify within the bid); and (5) to acceptthe bid that is in the best interest of the County of Tulare. The Purchasing Agent's decision shall be final.

A combination of the follpwing factors will be considered in awarding this bid.

A. Prices
B. Bidder's previous records of performance and service c. Ability of bidder to render satisfactory goods or services in this in$tance - . . - . ~ -- -- ' . - - . . .

D. Quality· and conformance to specifica~ions
·The County shall be the sole judge in making this determination.

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BID NO. 24-006- %"-Yo" COLD MIX MATERIAL & Yo" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

15. QUANTITY & QUALITY OF MATERIALS OR SERVICES
The successful bidder shall furnish and deliver the quantities designated by the Purchasing Agent.

Packing slips which clearly identify the merchandise and a listing of the County of Tulare's Purchase Order number must accompany every delivery. All materials, supplies or services furnished under contract or Purchase Order shall be in accordance with the county specifications. Materials or supplies which, in the opinion of the Purchasing Agent are not in accordance and conformity with such specifications shall be rejected and promptly removed from the County premises at the bidder's or contractor's expense.

16. INDEPENDENT CONTRACTOR STATUS
This contract is entered into by both parties with the express understanding that CONTRACTOR will peliorm all services required under this Contract as an independent contractor. Nothing in this . Contract shall be construed to constitute the CONTRACTOR or any of its agents, employees or officers· as an agent, employee or officer of COUNTY. CONTRACTOR agrees to advise everyone ·it assigns or hires to perform any duty under this Contract that they are not employees, agents or officers of COUNTY. CONTRACTOR shall be solely responsible for determining the means and methods of performing the specified services and COUNTY shall have no right to control or exercise any superVision over CONTRACTOR as to how the services will be performed. As CONTRACTOR is not COUNTY'S employee, CONTRACTOR is responsible for paying all required state and federaltaxes. In p~rticular, COUNTY will not: ·
a. Withhold fiG~ (Social Security) from CONTRACTOR'S payments. . . b. Make state or f~dereil unemployment insurance contrib~tions on CONTRACTOR'S behalf. c. . Withhold· state or federal income tax from payments to CONTRACTOR. . d,:· Make disability insurance contributions on behalf of CONTRACTOR. e .. O~bta!n unemploynienf compen~ation insurance on behalf of CONTRACTOR. . . - ·. ~ . . . . . . . . ' Notwithstanding this inqependent contractor relationship, COUNTY, through the Purchasing Agent, shall have .the ri_ght to desigri~te the sites at which services are to be performed, ~nd to monitor aiJd evalt:~ate the' performance of CONTRACTOR to assure compliance with this Contract.

17. RIGHTTOAUDIT
The County. of T~iare ··reserves the right to verify, by examination of the successful bidder'~· records, all ·· invoice<;! af.ndur1ts when firm prices c:~re not set forth in the Agreement or purchase order resulting from · this bid. ·. · · · · · · ·

18. ·LIABiliTIES
A The succe~sful bidde(spall. hold th~ County of Tulare, its officers,. ~gents; and emplpyf;)es harmless . . from liability of any riatlire o'r 'kind ,because of the use of any cO'pyrighted composition, secret proces~. patented Or unpatented in\lention, artides or appliances furnished ot used .under the agreementor purchase. order resulting from this bid, and agrees to defe.nd, at successful bidder's own expense, any and all actions brought against the County of Tulare or successful bidder because of the unauthorized use of such articles . . -.. ··. .

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,. ~ -. . " . ';,:-:-·- . - ._ .::.:.

BID NO. 24-006- %"-Yz" COLD MIX MATERIAL & Yz" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT B. INDEMNIFICATION: Bidder shall hold harmless, defend and indemnify the COUNTY, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kinds, including death or injury to any person and/or damage to any property, including County property arising out of the acts or omissions of Contractor or its agents, officers and employees under this Agreement. This indemnification specifically includes any claims that may be made against County by any taxing authority asserting that an employer-employee relationship exists by reason of this Contract, the cost of any penalty or sanction imposed by any agency with regulatory authority over the activities carried out by Contractor, and any claims made against County alleging civil rights violations by Contractor under Government Code sections 12920 et Seq. (California Fair Employment and Housing Act). Contractor specifically agrees to hold harmless and indemnify County for any and all claims arising out of any injury, disability, or death of Contractors' empl.oyees or agents. This indemnification obligation shall continue beyond the term of this Contract as to any acts or omissions occurring under this Contract for any extension of this Contract.

C. The foregoing obligations will continue beyond the term of the contract or purchase order resulting from this bid as to any act or omission that occurred during its term or any extension thereof.

19. ·. DEFAULT BY SUCCESSFUL BIDDER
' '
·.·. A. . In case. of default by.successful biqder by non•delivery of article(s) and or service(s). on or before .. the delivery date. The County may procure the articie(s) and or service(s) from another ~ource ·. and ma}/reeover cdsts from successful bidder. The successful bidder may be charged, cost:of · transpo.rtation, the difference in cost of article(s) and or service(s) based on Contract information.

The County res.erves the ,right to be compensated deducting monies owed ti:::i succe~sful bidder from the Contract information and or invoicing the sucicessful bidder upon notifi~tion of the default. · · ·
. . - . .

B. . lnsp~ction qn deliveries which do not meet specifications, will be at the expense of succ~ssful · ~~ ' . . ' . 20 . .PRICES
During the period of d~liyeries ~nder ail. agreement or purchase order resulting from this. ,bid, should there ,b~ a de~re~s~ hi pr(c~s: on the balance of the deliveries, such decrea:s.es shall be rn~de ayailable to the Cqurity f()(a~ lc)ng ~~the iower.pri9es are in effect, but at no time shali tl:le pric~s .chargecj t~e .County exce~d the prices. herein quoted; · · · · · · · ·

21. DELIVERIES/PICKUP
. CouritY personnel or theirrepresentativE:l will pick u.p material from the plant location as indicc:~ted by the . succe~sful·bidder. Freql!E:lricy ,of pick .ups will be determined by the n~eds.of the·using. pepartiiJent or .. :agenc{and:wi.ll be interspersed throughout the contract year. The succ~ssful biodershaltbe exp~ct~d tomaintain:(! normal dE:}IiVe_ry'tirne Which is established as being within forty.:eight (48) hours after re~eiptqf order. ' ' ' . ' ' ' '. ' ' ' . ' .. ' ' The_ Sl!CCessful bjqder st1<;~il,be ~~pect~dto load materials into Cqi,Jnty'Stf"l!Cks in a prqf~ssional and responsible mariher;· with~ care notto cause contamination· of materials. . . • ' . .

22. · CONTRACT EXCLUSIVE.

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BID NO. 24-006- %"-W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

C. The County may, upon giving thirty (30) days prior written notice to the vendor, terminate the contract or purchase order, with or without cause.

24. MERCHANDISE RETURNABLE FOR FULL CREDIT
Successful bidder agrees to give full credit to the County for any merchandise returned in good condition.

25. · INVOICING .
· All invoices are to be mailed in duplicate to the various locations designated on the "Invoice Address" on each purchase order or contract. Reference shall be made to the purchase order or contract number.

Invoice shall be paid once a month on all deliveries made during the month in accordance with the · County's normal payment cycle. . .

26. VENDOR ASSISTANCE
.successful bidd~r shall furnish, at no cost.to the County, a representative to ~ssist Cm~nty departments indeterminfn~f their prqduct-req_uiren)ents; · · · ·. · · · · 27 .. RENEWAL
The contract or purchas~ order re~ulting from this bid may be renewed, by mutual consent, for an additional three (3) one (1 )year terms ptc:ivided the prices, terms,. and conditions remain the same .. · 28 .. NON:-FUNDING CLAU~E . · ..

Funds -provided -for commodities or services uncler the terms of this bid are. contingent on availability of public funds .. Should sufficient fuh~S not be allocated during those terms, ilmounts due: may be . modified or t~rminated atE)ny time by the County upon thirty (30) day notice: Notice shall be' fuliy givenin writing or through service iri person or by first class. mail. . 29_ .. PARTICIPATION
The Cqunty is currently a member of the Central Valley Purchasing Group which consists of Fresno, Kern, Kings,. and Tulare Gc:iullties, and thf:) Political Subdivision,. Municipalities and Tax $l,lppoited ·.Agencies within these ,County boundaries. Whenever possible; these. entities wish to c<;>~op (piggy-back) on existing bids or proposals.· Please $tate if your bid or proposal. will, or wm·not. be extended· to these entities under the same terms and .conditions as stated in this bid or proposaL ' ' . . . ' . . . . .

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... · .. , ·._·;.·
.. : .

BID NO. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

30. RESPONSIBILITY FOR GOVERNMENT ENTITIES OTHER THAN COUNTY Those governmental entities other than the County who are listed (or who have sub sequentially been included) have signified their intention to participate in the Tulare County agreement or purchase order resulting from this bid. Participation will not impose any responsibility for payment of claims or any ·responsibility whatsoever on the Tulare County Board of Supervisors or the County Purchasing Agent.

Each such governmental entity will be billed separately, and payments will be made by warrants drawn . on the appropriate funds for the governmental entity.

31. LOCAL PREFERENCE (Section 1-03-1301 of the Tulare County Ordinance Code):

Such new bid must be in em amount less than or equal to the low bid announced by the County . . County shall award the contract to the local vendor submitting the lowest responsible bid withins~id . 481~our~ p~riod. If no new bids received within said 48 hour period, the contract shall be awarded to the qrigiriallow bidder as announced by the County. · · · B. "Local vendor" shall mean any business which:
(1)
(2)'
(3)
has had a fix~d offjc;e. or distribution point located in and having a street addr~ss within the Counzy of Tulare for at least six (6) months immediately prior to the issuance ·6f the · . . request for bids by the County; and . . . . . . . . . . - . . . . . - . . .
. holds any required busines~ license by the County or any city within the County; and, . . . ' . . . . . . . employs ~Ueasf~ne (1) full~time or two (2) part-time employeeswhoseprimary r~sidence is located ·wittiirUh~ County, or if the business.'has no employees, shall be'atleastftfty perden~ (50%) owned oyoneor more persons whoseprimary·residence is'locate~cwithin Tulare county. ·. · · · · C. . Any vendor claiming to be a .local vendor as defined above shall so certify to the Purchasing Agenti)~,"iridic;atirig Y~s;9rno'; belc>yl(_and signature a~ bid document. TheGourty Py.h:::ti~sing .

Agent st:tall.have· sole discretion to determine if a vendor meets the definition. of a "loc~ll vendor" .. .. -·· ... . .._, .· '. . ,, . - . ' -' . . . . -· ' .· .

D. · · Any person or business falsely claiming to be a local vendor shall be ineligible to transact any.·. t>uslne~~ with:the ·countY fora pedod of not lessthanthree (3) months or riot more th~n twenty~· . four (24) month~ ~s dete'fniin~d ii'rthe sole discretion 'of thij Purchasing Agent. Th~ County shall also have the right to t~rminate airor any part of any contract entered into with such. persori or ~usiness;' . ': . ·: · · ·· · · ·· · · · ·· · · E. . Prior tott)e c()unty qe9laiing any person or business not a "local yepdor" or ineligible to transact business ~i~'th~ C~unty, ~uch p~rs()n or business s~an be.~ntitl~d to, a put?lic h~arihg before the Bo~rd qfSu8ei;vis,o~s:andJo aJiVe {5) day notice of theti111e an~ plac~~th~reof. . · . . ·. . · . F. This prefe~e'nce shali not apply to transactions required by state or federal statutes or regulations to be awCirde~ to th~ "lowest respgnsible bidd~r'', or otherwise exenipte~ {ror:n loc~l_preferences. ' : ' < L ~ • ' ' •• - 0 0 0 0 ' ·, ' • r' .. • . Page 9 of20
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BID NO. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

32. DEBARMENT: Contractor guarantees that it, its employees, contractors, subcontractors or agents (collectively "Contractor'') are not suspended, debarred, excluded, or ineligible for participation in Medicare, Medi-Cal or any other federal state funded health care program, or from receiving Federal fund as listed in the List of Parties Administration. Contractor must within 30 calendar days advise the County if, during the term of this Agreement, Contractor becomes suspended, debarred, excluded, or ineligible for participation in Medicare, Medi-Cal or any other federal or state funded health care program, as defined by 42. U.S.C. 1320a-7b(f), or from receiving Federal funds as listed in the List of Parties Excluded from Federal Procurement or Non-procurement Programs issued by the Federal General Services Administration. Contractor will indemnify, defend and hold the County harmless for any Joss or damage resulting from the conviction, debarment, exclusion or ineligibility of the Contractor.

See Exhibit A, attached with instructions and signature page that must be signed and submitted with this Bid.

33. ON-LINE ORDERING
In keeping with the advance in technology, the County of Tulare is implementing on-line ordering as opportunity allows. Can you provide online inter-net ordering,:; . . · YES /' NO
Can you provide your commodity catalog either from your website or by Excel spreadsheet? •.. . . . . YES _j_ NO
34; INFORMATION
Information regarding the results of any bid may be obtained at the Tulare County Purchasing Department, 2637 W. Burrel Ave., Suite 200, Visalia, CA 93291 for a period of ninety. (90) days from the·openihg date of the bid. Bid tabulations will be made available for review three (3) days after bid opening date and can be obtained from the Purchasing Department clerical staff.

35. SPECIAL CONDITIONS
Special Conditions attached hereto supersede the General Conditions to the extent of any ·inconsistency betweenthem. ·
. · 36 .. HEADINGS
. .

Headings are p~ovided for organizational purposes only and do not in any mann.er affect the scope, meal"lirig or intent ofthe provisions undedhe headings. . .

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.... , ....
. . . . _. ;..:_,' -··~, .·• ~- . ~: ·.: . ' .. - .. · . -. ' .. ~ . ~-;-
. ~:. ·, ·._ . ··:·._,·
BiD NO. 24-006- %"-W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

37. OTHER PROVISIONS
A. PRICES shall be firm for the contract period ending JUNE 30, 2024, unless otherwise stated by the bidder hereon:

B. MINIMUM ORDER quantities and charges for less than minimum order quantity shall be assumed as "NONE" unless otherwise stated by the bidder hereon:

C. STATE PURCHASE ORDER mailing address, e-mail, and telephone number for ordering purposes:

Javsoo 6-Hecpeises- 1 Pofu.5 99L\Z.'-\-& 1 R~d;")"C~ 9'o9q-Y2.~9 <y~~o.K"6n GlCjjf~~eS.Con-a 1 (J{J_J- 372-222.8
D. STATE REMITTANCE mailing address and telephone number for payment purposes:
j~,;on £1?krpri5CS) fo &vr qq4zt.J81 1(.ec~J,~ 1CA '1/poCfCf- 4Z'/8 5 3ti -Z'-4l- 2.ll z_ . .

E. DEFAULT BY SUCCESSFUL BlDDER: In case of default by successful bidder by non~delivery of aiticle(s) 'and or seryice(s) oil or before the delivery date. The County may proqurethe article(s) and or service(s) from another source and may recover costs from successful bidder.

The sucqe5$ful bidder may be charged, cost of transportation, the difference in qost ofarticle(s) and orseivice(s) bas,ed ori Cont(actinformation. The County reserves the right to be . compensated deducting monies owed to successful bidder from the Contract information arid or invoicing the successful bidderupon notification of the default. .

E. . COMPENSATION ADJUSTMENTS for price index fluctuations for liquid asphalt, as setforth in the attached Exhibit s,: apply. ' · . ~-- ·.
.p~ge 11 of20
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BID NO. 24-006- %"-Y." COLD MIX MATERIAL & Y." HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT . 38. INSURANCE:

Prior to approval of a Contract by COUNTY, CONTRACTOR shall file with the Purchasing Division of Tulare County evidence of required insurance for installation as set forth in EXHIBIT C, attached.

Insurance policies shall not be used to limit CONTRACTOR'S liability or to limit the indemnification provisions and requirements of this contract or act in any way to reduce the policy coverage and limits available from the insurer(s). The insurance coverage shall be issued at the expense of and maintained by CONTRACTOR during the entire term of the-Contract. CONTRACTOR shall provide renewal policy documents throughout the life of the contract.

39. CAMPAIGN CONTRIBUTION DISCLOSURE
All bidders (potential contractors) must complete and submit with their bid, the Campaign Contribution Disclosure Form. Exhibit D attached with instructions, information, and a disclosure form must be signed and returned. For additional information, please refer to: Government Code section 84308
https:/lleginfo.legislature.ca.gov/faces/codes displaySection.xhtml?lawCode=GOV&sectionNum=8 4308
FPPC Regulations 18438.1 through 18438.8
.https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=l7624 5C705AOA 11 EC8227000D3A7C4BC3&originationContext=documenttoc&transitionType=Default&c ontextD%20ata=%28sc.Default%29&contextData=%28sc.Default%29 40; NOTIFICATION REGARDING CONTRACTOR AND GRANTEE COMPLIANCE WITH ECONOMiC :- SANCTJbNS-IMPOSED JN RESPONSE TO RUSSIA'S ACTIONS IN UKRAINE -The attac:t)ed E;xlli_bit E sets Oljt infOrrQ.~t!on reg·arding the obligatipns. of County Gontra9tOrf) to comply with existing economic sanctions imposed by the u.s. government iri response to Russia's ·actions in Ukraine, as well as any sanctions imposed under stat,e law.

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·":. '.
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BID NO .. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT SPECIAL CONDITIONS:

SPECIFICATIONS
· Plant Run Cold Mix- %" and Y2" mix as per CaiTrans Specs. Section #39 or as requested by County representative. SC-800 or SC-3000 grade oil as per CaiTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of Californa, Department of Transportation, Division of CaiTrans for such Plant Run Cold Mix or as requested by County representative.

DELIVERIES: D~_liveries are to be made at the vendor's plant and/or storage location as required. • Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date. ·
GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Cold Mix :Material is<irnportant and necessary to the County for the economic completion of its road work projects. ·
PRICES: Prices shall be F .0.8. Plant Location and shall exclude Federal Excise Taxes, fqr which the · Co~_nty is exempt. Califor_!1ia State Sales Tax will be allowed on the net bid price. The price per ton · , sha.ll include all .fees for the duration of the contract. Example, environmental fees, etc. , NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds a\(oirdupois. •BID, PRICE: . ........ ;_._·:·
. . .
.. 4;000.Tons t()~~l ,estir)1a~~d. qqantitythrough June 30, 4024. . . - .·. .. .·.··· •· ·••· · _.-.: Appiic~bi~-.$ales t8}(~ in additicm to ;th~ price indic~ted. · · 2,000 T~ns-.S~l;)TH.COUNTY ~--· 5t..f 7 5 PER TON (includes, all fees). •. . •;;' ; ·: '. < " 0 ••• ' : . . : ' ;' . . ' '5 ~ ., s · 2.000 Tons :NORTH COUNTY $ PER TON (includes all fees) ,•.- .. J .. • - . %11·PLAN:rRUN:COLD MIX WITH OIL :-_··-.' :_-: :-: .• _,, .. ".! . .. ·_ ·. · ..
· 14;000Tonstotah;lstimated quantity-through June 30,2024. -· -·;, .· · ..... · . .. . . .· ., . ' . . Af:lp!icE.t.ble• ~al~s Tax .jfJ (iddition ·to the price indicated . . .,,O~O~o~s:··S~UTHQO~NTY $ · . . 5Ll 00
PER.TON (inGiudes_all fees) .. · . ' . - ~ . ·-. \"·"• ;·· .·7.~-0~,l"ons NQRTrj qoqNTY ·. $---'-_S_Y ____ ·""""o----- PER TON (includes all fees)

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BID NO. 24-006- %"-W' COLD MIX MATERIAL & W' HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT BID PRICE ·Continued:

The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer. _<:>_~_;;...._ _______ _ INDICATE PLANT LOCATION/SHIPPING POINT: 2.1 url ~'IL \ ?..D, Por.J-Grv,'llc... I CIA

9.3z.t;7
Compensation adjustment for price index fluctuations applies to this contract per Exhibit B, attached. %" HOT ASPHALT CONCRETE
Asphalt Concrete shall be Type B, %"maximum and shall conform to the provisions in Section 39, "Asphalt Concrete", of the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CaiTrans or as requested by County representative. Oil shall be: Asphalt Binder Oil PG 64-10. 6,000 Tons total estimated quantity through June 30, 2024.

Applicable Sales Tax in addition to the price indicated. 3,000 Tons SOUTH COUNTY
3,000 Tons NORTH COUNTY $ (pD oo
PER TON (includes all fees)
PER TON (includes all fees)
The amount of asphalt binder to be mixed with the aggregate for Type B asphalt concrete will be determined by the Engineer_o=--lu_ .... _-+/-------- INDICATE PLANT LOCATION/SHIPPING POINT:'Z.. ( tt, \]
Compensation adjustment for price index fluctuations applies to this contract per Exhibit 8, 0,~ 2..~ 7 attached.

PARTICIPATING DEPARTMENTS:

RMA Road Yard #1, Porterville
RMA Road Yard #2/3, Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Note: Page 13-14 must be completed and submitted.

ATTACHMENTS:
**EXHIBIT A, DEBARMENT- MUST BE RETURNED SIGNED WITH THIS BID FORM. **EXHIBIT D, CAMPAIGN CONTRIBUTION DISCLOSURE FORM- MUST BE COMPLETED AND

RETURNED WITH THIS BID
**NOTE: FAILURE TO SUBMIT THE ABOVE-REFERENCED ITEMS AND BID FORM SHALL CAUSE BIDDER TO BE NON-RESPONSIVE.

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BID NO. 24-006- %"-Yo" COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

EXHIBIT A

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this bid, the prospective primary participant is providing the certification set out below. · ·

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. ·

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, · in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.
· •. · .. · 4: · The prospective primary participant shall provide immediate written notice to the department o{ agency to· wl1ich this bid is submitted if at any time the prospective primary ··· participant learns that its certification was .erroneous when submitted or has bec_ome erroneous by reason of changed <?ircumstances.
.. 5. . The. terms cov~rec;l tran~acti_on, debarred, s.uspended, ineligibl~, lower tie'r poyered tr~m~action,: .participant,· person, prirf!ary. covere.d transaction,· prinCipal, .. bid, and· v6!uritarily ex~luded, as used ih -this clause, have. thE:~ meanlrigs set out in the Definitions and Cpverage · sections ·otthe·, rules. implerrteriting Executive Order 12549. You· 'may c6ntacttlie depaf.tmenf9r · · agency to which this bid is being submitted for assistance in obtaining a copy of those regulations. . 6. . The · prospective· primary participant agrees by submitting this bid that, should the · proposed . coveted transaction be entere.d into, it shall not knowingly enter into any .lower tier ce)veted tra11saqtion· with ~ person who Is proposed for debarment under 48 CFR''part 9, subpart 9A; debarred, .·suspended, . declared ineligible, or voluntarily exCluded from participation· in this · · .· coveted transaction, unless' authorized by the department or agency entering into this transaction. ' ,-· .. ' . . . . .. : . . . ' '. · 7. The pro~pective p~i[lary pa_rtiq_ipant further. agrees by submitting t~is. bid. that it will i,.;qlude ·the . clau.se titied ''Certifi~~tion~-Regardin'g · Debarment Suspe'nsion, h1eliglblllty anct VoiLintaiy -~xdusion-Low~f Tier -~6\fe,re~ Transa¢lion'j'. provided by the departrrieri.f or agency eR~~ring 'i!Jt() this covered transaction, WithOut modification, in all lower tier covered transactions 'and in ,all . solicitations for iower tiercc)vered transactions. . . . . . . : . ~: ·, ' . .• • ... ·.:. ' ( . - . . Page 15 of20 ·
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BID NO. 24-006 - %" -W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE - MATERIAL CONTRACT

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower"tier covered transaction that it is not proposed for debarment under48 CFR · part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the. covered transaction, unless it knows that the certification is erroneous. A participant may d~cide the •. method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties· Excluded from Federal Procurement and Nonprocurememt Programs.

9. Nothing contained in the . foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The .. · knowledge arid· information of a participant is not required to exceed that which is normally . possessed by a prudent person in the ordinary course of business dealings. . . . 1 0. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, . .debarred, · · .·: in~llgible, or volt.intanly ·.excluded _ from participation in this transaction, in addition ·to other .. _ remedies available to the Federal Government, the department or agency may term_inatej this . . . transaction for cause or default. .
-CERTIFICATION
.I
.•. _ . (1) The prospective pi:imacy participant certifies to the best of its knowledge a_nd belief; tQat . • . it and its priricipc:lls: -. . - . . ! ... ·: .. :. ·· •. -.. ~ . .. ·. (a). Are not·pre~ently ~ebJ:~n;~d, suspended, proposed for debarment, declared _ ineligibJe, or vqlupfaril}texcluded by any Federal department or agepcy; -.. . ·. : ·_ --. ·: . ; . - · .. ·. . . ' ....
• . (b) Have .n9t ~it~il1: a 1h~~~7¥!3~t period pr~ceding tri~: bic;i ~(:J,en, C<?r'!Yi,~te9. of pr · ·.had a civiljudgi;rlentre,nderep·'~gain~t them for comrnis.~ion offr~;aud or;,a ¢ritT:linal. · -qff~n~e in cohrf~~i9n With 6pt~!h.iog, attempting to obtain, ::or pen:Or_ming ~{ py~ifc · · (F~deta,l, ~tate~:.~r lo~1UraJ1~,a~~R>nor:~()ntta6t u·rider ~:publi~ tr~n~a~~,~~)l'l; vioi~tipn· :· . . -of;F~qerat <?r State an~itrust 5t(l,tO.e.!? orcomn'iission.9f .einbezile!T:l~rlf;.tl:l~ft. forgery;- -_ -·. · qri,t),efy,J?I~i~q~tipo- pfqE$tru,C,:t!<:>rt qf reC()rds, making f;:tiS_e st~tern~qts; or re~fjiyihg · ~tol~f.l,pi:ot>t:lttY;:· .. , .. _",:--·- · · - ·- - , . _, -- _.,, · '_ ..
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BID NO. 24-006- %"-%"COLD MIX MATERIAL & ~"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT (c) Are not presently indicated for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and · (d) Have not within a three-year period preceding this application/bid had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in · this certification, such prospective participant shall attach an explanation to this bid. rinted Name Name of Agency or Company

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BID NO. 24-006 - %"-W COLD MIX MATERIAL & %" HOT MIX ASPHALT CONCRETE -MATERIAL CONTRACT

EXHIBIT B
5-1. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS
·.G_ENERAL
Summary
-.. _.- .·
This section applies to asphalt contained in materials for pavement structural sections and pavement ~urface treatm~nts s_uch as hot mix asphalt (HMA), plant run cold mix(PRCM), tack coat, asphaltic -_-emulsions,· bituminous seals, asphalt binders, and modified asphalt binders placed in the work.

The Engineer adjusts payment if the California Statewide Crude Oil Price Index for the month the material is placed is more than 5 pen~ent higher or lower than the price index at the time of contract. - The California Statewide Crude Oil Price Index is determined each month on or about the last _ business day of the month by the Department using the average of the posted prices in effect for the previous month as posted by Chevron, ExxonMobil, and ConocoPhillips for the Buena Vista; · - . HuntinQton Beach; and Midway Sunset fields. -
lfa company discontinues posting its prices for a field, Cal trans determines the index from the •- 'ferJ:l(3ining posted prices. Caltrans may include additional fields to determine the index. · ·· For the- California Statewide Crude Oil Price Index, go to: - http:llwww.dot.ca.gov/hq/construclcrudeoilindex/
_ ·_ ·lfthe,ac;Jju~tment is a decrease in payment, the County deducts the amount from the monthly - pfqgre~s ·payment. · - ' ~ • ·/: •• > ·.- • • -
·.---ASPHALT QUANTITIES .. .. ',-=,.,.·,,-
. . General
-_ - c -I riterpr~ttheJerm "ton" as "tonne~ for projects using metric units . . ···· ... .--:· . -···----· .. -· .. '.. ·.· .:. ·-.. . .. . ... , . -· . 't~~*·:Mi~(A$p~alt(Plii~t-~~11-QQid'N.iix . - -·-
· The'-~-pgln~~r palc~late.s the:qu~ntitY of asphalt in HMA or PRCM using the following_ form_ula: - . . . · Qh = HMAn'x[XS/(100 ~)<a)]_ · . , ........... '.·._·:· .. _. -·. ,: ._ . . - ';. '- · .. where:- '. .-·. . . . . . . .
' - ' -
- . : i:.·;:qti_.=:=quantityjn tonspfasphalt used in HMA orPRCM HMATT~ .HMAor·PRCM;total_tonsplaced·
--. Xc;~:;:: theoretical'asptu:ilt content from job mix formula expresseci as percentage of -- -th-e_.weiglitofdr)l'aggfegate - - · - . - . . . . . . - . . . ... '.
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BID NO. 24-006 - %"-Y." COLD MIX MATERIAL & Yo" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT . Hot Mix Asphalt Containing ~eclaimed A$phalt Pavement (RAP) . The Engineer calculates the quantity of asphalt in HMA containing RAP using the . following formulas:

Qrap = HMATT x [Xaa /(100 + Xaa)]
where:

Xaa=Xta-[(1 00-Xnew) x (Xra/1 00)]
and
. Qrap = quantity in tons of asphalt used in HMA containing RAP HMATT = HMA total tons placed
· Xaa = asphalt content of HMA adjusted to account for the asphalt content in RAP expressed as percentage of the weight of dry aggregate Xta =total asphalt content of HMA expressed as percentage of the weight of dry aggregate
Xnew= theoretical percentage of new aggregate in the HMA containing RAP determined from RAP percentage in the job mix formula · Xra = asphalt content of RAP expressed as percentage
· As.phaltic Emulsion
· The. Engineet calculates the quantity of asphalt in asphaltic emulsions, including fog . ·. seaJs andctack coat, ~sing the. following formula: ;. :I .· . '·', - . ' Qe =AETT x (Xef:100)
· W.here:

Qe = quantity in tons of asphalt used in asphaltic emulsions AETT = undiluted ~sphaltic emulsior)s.total tons placed · · Xe = rf!iriim~um perCent: re~idue specified in Section 94, "Asphaltic Emulsions." ofthe · · • · Stan9,arcilc$P~~ific~tions b!=!Se~ on the type of emulsiqn used · .. , . :· . ' ', . . . · .. ,- .. : . . . ~ . . . . .. ·: · .. - ·. . . - - ' . . · :.:·Qth.~r'M~~e~,~~~ . . . . .- . .

F,or .other mat$r,ipl~ cor)taihing~agp~alt not 90vered above, the Engineer determines the quan.tity of aspfl;;~If(Qo). _ - . . · ... - . . . .. .

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BID NO. 24-006 - %" -W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

The Engineer calculates each payment adjustment as follows:

PA= QtxA
where:

PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month.
. .
... Qt =: Sum of all quantities of asphalt-contained materials in pavement structural ·sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + Qe +. Qss + Qmab + Qo). ·
A =Adjustment in dollars per ton of asphalt used to produce materials placed in· the work rounded to the nearest $0.01. ·
For ~S Customary projects, use:
.. ·A= [(lullb)- 1 .05] X lbx [1 + (T /100)] for an increase in the crude oil price index exce.eding 5 percent
·A= [(lullb).;. 0.95] x lb x [1 + (T /100)] for a decrease in the crude oil price index. · ·ex~eeding 5 percent
Fpr: metric .projects, use:
.·A = 1.1 p23 x [(lu lib)- 1.05] x lb x [1 + (T /1 00)] for an increase in the cru~e . qi[pric~: index :exceeding 5 ·percent · ·
·: A= .1.1 023 ~-[(Ill lib)~ Cf95] x IQ x [1 + (T /1 00)] for a decrease in the crude oil .. price· inde)(ex9eeding_ 5 ·percent
·lu=~Califorr)la·$tatewide Crud~.QU PriceJndex for the month in which the quantity of ·. :' ' asphalfsubjectto adjustment was:placed in the work. . ' -lb¥ c·aJiforrtia~$tate..,Jiqe{Cr~aeQil 'Piice lhdex for th'e month hi Which the bid opening for ... -~- --:·tti~:p~Oi~.ct-.·o·cc~rr~-d~ :.· .. -, .· ·:_--.·· -- · _ . · - . · --·; ·. · ·- ,_ T :;: Sales ~nd·u~e t~.x·rate,·expressed as a percent, currently in effect in the tax jurisdiction ·.· . where the. rn~teti?~'!is placed, l(the tax rate in~ormation is not submitted timely, the . ·. . · .• statewide sales and use tax rate is used. in the payment ·adjustment calculations 'until the· tax .;:~te informati6·n is su6mitfeci. ·. · · · · · · . . ·--- ... "•' .. ; '•: .',".· ' ._. . ... - --. ~

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EXHIBIT C
NON•PROFESSIONAL SERVICES

INSURANCE REQUIREMENTS
·~. ·. .. . .

CONTRACTOR shall provide and maintain insurance for the duration of this Agreement against claims for injuries to persons and d~mage to property which may arise from, or in connection with, performance under the Agreement by the CONTRACTOR, his agents, representatives, employees and subcontractors, if applicable~
A. Minimum Scope & Limits of Insurance

2. Insurance Services Office. Form Number CA 00 01 covering Automobile ·Liability, (any auto) of no Jess than $1,000,000 per accident for bodily injury and property damage. If an annual aggregate . applies it must be no Jess than $2,000,000.
· 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability ln~urance with limit of no less than $1,000,000 per accident for bodily injury ~r' disease. . . .

B.. Specific Provisions of the Certificate

1. If any of the required insurance is. written on a claims made form, the retroactive datemustbebefore . the date of the contract or the .beginning ofthe contract work and must be rriai.nte~ined and evidence of insurance must be provided for at least three (3) years after completion of the contract work. . .

2. . CONTRACTOR must submit endorsements to the General Liability refiecting the following ~' . ." ' . . : . . . . . . . . . . . provisions: . . . . .
a. The COUNTY OF TULARE, its officers, agents, officials, employees and volu'nteers are ~Q be . cciverecl as (Jdditionalinsureds as respects: /iabi/1ty arising ou(ofwor~ or bperatiohs · .peiformed by ~r On behai/ of the Cont;actor including ~aterials,. parts, or equfp;fi{!nt .. · .. · · , ,·jurniiher;J (n.t:onn~~tio_n.wjthsL/.ch work or operation. · .· ··· · ;: ': .... ,· · .. ·'' ,'·" .... "·". ,· . -q~ .· F9r a~y clai~s r(!fqted i:o this project, the CONTRACTOR's insurance cov,erage shall be · . pti'ma,Y'frili:Jrah~e!os resp~cts the couf.rrr, its officers, agents, officials, employeesand lloluriteers. An~insiii-tznce or~elf-insurante maintained by the COUNTY, its officers, ag~nts; . ~iJ;~iti/s, 'er1,piQ~¢~sor volw1t~ers shqllbe ~xcess of the coNTRACTOR's i~surance Cifrdshaii · : noi:'cor#~l6ute V.litli.it. . .·'. . . . . . . ' .·. . . . . . . c. . ~ach irisufarlce phiicy required by thfs agreement shall provide t~at coverage ?hall ... not be canceled, e)(cept with IA!iitten notice to the COUNTY . . ·- ./· ... '~.·'' . . . . . ,. __ .. :. ; :. - d. CONTRACTOR. iu~r/by grant's to COUNTY ci waiver .of any right to s~br;ogation which qny . .. irisuretofthe'CorlrkAcfdR mi:tyacqui'r~ against the CO UNIT by ~idue of the payment t;,j . ~anylass~u~"qe/s~thl~siiriJ-n~~;: tcmiRACrOR agre~s to obtafn ariy end.~rsement thq(~ay . · be necessary tO. ajje~t this waiver o/subroiJation, but this provisionapplies regardle?s: of -Whether or n~t the COUNTY has received a 'waiver of subrogation ehd.orsement from the i~'it/ri!,r. · : · ' · · · · , · · · · · · · · .. ·' ·, · , . :~ .. ' .. ·.: .. ;~' ,, .
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.... ,;

3. . The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the COUNTY for all work performed by the CONTRACTOR, its employees, agents and subcontractors.

CONTRA<;TOR waives all rights against the COUNTY and its officers; agents, officials, employees and volunteers for recovery of damages to the extent these damages are covered by the workers compensation and employers liability.

C. Deductibles and Self-Insured Retentions
Deductibles arid Self-insured retentions must be declared and any deductible_ or self-insured retention that exceeds $100,000 will be reviewed by the COUNTY Risk Manager for approval. . ..

D. Acceptabilitv of Insurance
Insurance must be placed with insurers with a current rating given by A.M. Best and Company of no less than A-:VII and a Standard & Poor's rating (if rated) of at least BBB and from a company approved by the Department of Insurance to conduct business in California. Any waiver of these standards is subject to ~pproval by the County Risk Manager. ·
E. Verification of Coverage
Rey. 12-18
Prior to approval of this Agreement by the COUNTY, the CONTRACTOR shall file with the submitting department, certificates of insurance with original endorsements effecting coverage in a form accept?ble · to the.COUNTY. Endorsements must be signed by persons authorized to bind coverage on behalf ofthe il"'!surer. The COUNTY reserVes the right to require certified copies of all required insurance polides at any.· time.

WAIVERS:

I represent and attest that I am a person authorized to make representations on behalf of the CONTRACTOR, and repr.esent the following: · · · · · ·· ·
(MarkX if applicable)
D Automobile Exemption:! certify that does n9t own nor use ~~hides in the,· · perforni~nce ofthe agree111ent for which this insurance requirement isattached. · ~.: .· . . Wor,ke'rs' Compensation Exemption: I certify that is not required to carry· work~rs' CO~lpensation coverage or has filed an exemption with the State pfcalifornia.a~ required .~~ .. . - lacknowle.dge and represent that we have met the insurance requirements listed above.

PrintN~me VA:tti Q:J\~~ Date: ~~\~/ Z3
~"'~~e(}.K.S clhc-.- .1:}.,- Creot.. ~i>y,c..-l'*-
s.gnature ' . . . ' . . •' ·.··:·. ' .··.-· .. :·... ... . . .

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B

13.5 Consent Page 72
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EXHIBIT D ··.•: ._.·:.
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·.~~~G~·CONtR~=:N°~t~=~RE.INFORMATION;_ . '·:~·-~;·;.:~·· .. -~---~.--..... -: ... ""···':·.<" ..·,c-.;::'•. •. . ,., ·-· .. ,:~ ···.·: .,.._.._,_., . . ' : ~ { .
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--· · · -. · Ttje.ato/ctted·,~~pa~il?~~~~~i()ll·P~!Qs\lre Form. must bt!· coinpl~t~.-~Y a~p1~cafltS·JorJ (,f_'~er~ris .. · · · · .- . whQ arethe:subjecfof,-arivJ:.(~inl:iovoiVing a liCense, permit, or othet.~nfft.l~menffot ~e~:i~c~uding . .. . ::~~--.,iimftolg~theBoard otsupeM~("S!!'inf'lot~.c:oom~:#ft~~ .•... ···IMPORTANT NOTICE
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.. Offiaaroralte'''ate:-wno:ma·:.:· 'rtid ttHif our. toci!edin :m · ·s:oliat:or:at:ce~~·acam ·· . _'_ ··- · #~~i~t§jj~~·4fT~i~t~~#;$~~~':~:~~rrns#::s.~J¥/ : ~-- <>;<;· '· •···· ::·.:·;~·:.-.'"~~ .~: :' .... -
· .. ~· .. ;:~-,~~~·~~:t::s::~~~~-~~~· .-.,. v,l)l:Uq!J'ls};.~rfd:~~net(s)_'in tlli$;pfoteedlng! AlSo inCluded are.~~i{~ aim~nieS ~n~l;s~b$\~~ary . .· • -• ·. --..,~ -"~' ~·~ ... '..,'·!"-'* ,. :; 2' ~'-, '-~ '•' ,. "''! - > Ll '': ""~ , .... ~~ "" ••• ~ ..... -~ .. : <c6mi:@N~( d!reaed.::~nd ·'co.ritr,Ot~- I:W- ·y()u, and P-OIItical'\actiOn-··Co.mm.~~, c;Jirei;,tecV,ai'ic;t -,:,:.~~~~_it~W~'V~~~/~~T):._ - ,-- . .. . - --· ,· ;_.·._.·.::'-- . '"•>···?-_- . __ , .. t~4;pn~~i!J~~~{~I.l9•~-~~~~t·<!·-~~··!ts;o:!~tl~tt1~- -' . . . . -~. ' : ' ' . . . . ' •' ·. ,'
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13.5 Consent Page 73
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1. .A·;.p~edlog;inVolvlng ~a_:licefi$e, permit;;or other ~titlement.fo:r os~"·. indudes ~dt~9,silless, · p~Q~{9nal;·i~t;te a.,d:iand useji~enses and permits,. and al1Qther:el1titlemerits tor~~~i iiiCI~mflg · · ~u: e.!lt~e(ne~~'for_ ~~~~ tis~, '~II contracts (othe~ .:than cp~·P~tiitv~iv: ,~id, labor:-or pel'$#~_al ·. -· ~r,ilploym~nt:~&'rl~ra$), 'an.d aU fra11chises• · ·

2. · YqiJr ~agent'' •iS ~mepne.~ho represents you in c;onnectlon With a pr«eediilg lnvoM~g ~ l!cense; . ,j:)ermi! g_r ot~~j',.~~titJ~·ent ·for• use. If an individual acting as .an ~e;it i$:·a~o _acti~ !h;~i,s or f1er · c~~<:~ ~s,aneniPki:Veeorm:emger of a lcaw. architectural, erigineer1rig, ci;ns1,Jitjng fi~,Qr similar btisine5s-efi~itY. :be)th:the bu51ness:entitV and the individual are ':''agellt.Sf Jo~; p\irpases.o_t these

3. ,.4.,
.·~r.Ui~" ; " ; . ' ' . . ' - ' •' < ,. . ' .·; '·· • - . r4determine Wllether ~ ~mpaign contribution ofmore than $2So has ~n made t;)yyou,_ . ea'n1paign :~nmi:Ji.iti~n,s.made·IJ.Y you wtthin the preceding 12 montiJS•rnust ~ ~~Cite,d W~h · · t.hbs~ ·~~CI.e ibv· Yi>~t ~'n,t ~witbin· the precedil)g __ 12 mprrths ~r th'e;· peijod: o(the. :~~!ltv:
r~~~~lbnshiR;JNbi~~tijs shQ'rt~r~ 'ContribUtions :made'by yp~r·m~jQ~lty Sh~'re.fl91d¢r':(ij;~~?~ly. ·- .· het~ cc)rp6~tit>r\), your- subContractor(s),. your joint ·ventu,rer(s); ·afld voiJr~~rt,net(s);in :tfiiS:i '· ··-~Ts;:4~=~~;::::;.~~=!tr~~~~~,·•• R~~~~q~:;~.~:e;pqtoaUi:{!~(~~·~ltl)::confrJ~,tJtiQnS to th~ firSt' Boar~~ rnei'nb.~_r b'gt~t:~·~~~~~~4 - ' · _ ~'·t9.~.1i~J::d.i~eit)bet.;o,., ~'!tat County ·officer:wh() may·~rtici~te iny9ur pi'(Jcee~fng~ ·•· · • "•. ', • ~·',_\ ' • ,• •' • •c ••::.:/~}· • z '. _" ; • • • .' "• :•: • .• • • ·' • • ., • •.; • • • ;_,,• • •; ' "•••' • •" • • • -~~;~~~ ~ft,he{pC?,~~~~~R!,rv~o~"~~mbe~ and other Co!J.nW 9ffl~J~Is ~~~~~~d .. ·/·.-·- ·:·· _.:
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13.5 Consent Page 74
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·COUNTY Of TULARE
·. -·~MPAIGNtcONTRIBuTtON DlsCtOSURE FORM . ' .. 0 0 ', • '',~ •, ,• -~- ','' -~ .. -.-.- ' 'o •• >' ' _.., • ' ,0 0 '":: ._. • 0 •:•,• N 0 ·,- .·-
. • ~pRJication:()rSO_Ik:4at!611;~qril~n ... ,___...;.......;.,;.._~----,.--____,.__,._._,_--:-':""'"-::"'~-""'":""~~~........,.~ \ .. ppl!¢ati6n.orScllleitafion"~~e: • .... · ..;.;......... ,..,..,.... .;;..;··..:...· -'----.,..-------___;,.~-------..,..:--· ..,..;. ~····._· ·_··--~~ . -~\Al~s;a,C~IJlpatg~ contlibotiori~ regardless of.theldollar amount; made to-any. member pfttle Tular~ .ColirityiB.oarjjof $up~rvisor$ ~obtq·. any .Coi.!ntY ,Qffl~r 61) ·pr ~~r Jani.~ary l,, 2023, by t~~r appll~ii.~.:pr, if app~~ca~l~, jl'!'viof ~he · ~11l'!~pi:sR(Ol!O.·· ~iu1. ·Ctor,S:~;r.the:applicanrs~·agent.orlobbyist? · · · · ·. · · · ·· · · · · · · Yes .. _ -·--. . , . No . .
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ple~se.provide·thejfollowi~irjfortnation: -. ; - . • ..... ; '-- ·:·· - :""' :· . ·' ; . . • ! .. - ' . . . >A~pfi~nt:s:Name: ·;..·· ..;.....,.....-.;.~;;;:;_....;.,..,...;..;....,.,......-...,...._....;.,.. __________ ...,.....,:.,...;..;_....;.,......__..;.;._...,...~------......._ ,.· ·-~:~~::~=~!~!:~::~!t:~:?::~!.,..':.~· .--.;... ...;....__,;,....,...__.. __ ....;.,..__;_ _ __,......_-..:-.--...;....-~....;.,..~~~ '-;• ·-. .• ·:.-:. ---~ .. ·.. '':' ~ . .., --- . ., :-. .:-- ~ .. .• ·.::. ··:-1 ., ·. ,. ' . ::.,·.; '-~-- _,_, .. . "~~;!~~~~.~tiP~Pt1ch~:.~~~~¢4p~;~~~)
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< ·. ~~~lt.~~~~~~b@r'*qq~.Agency o-. , , , . -· · · -~~sX6.fipoot,;i~uti9_n(sJ:· . . . . _ . .. '>:">:~:;: • ~··x · · • · •. . . ' .. · ~.:~t~1~~~Wi·,·,~~i;:·~:,:~tf'~. _·,-.. '\~!-::-. ;':'~>::, .. · . '.:: · '··_. _ _.: ·"-' .. ,:_' <':.2. ':;,. -·T.· .•. ~- }!e!~"~'~~~~.~l~: ·:~~~~-fi~{~l!o~.~-~.n.*!\Y"'-qdit!onai_BOard MefiJbers or Coa,nrty,.~~ncy-,Offi¢er,-tq wtlPin--'/9U,_., · ·· · · · .. tvp~f~~~Ii! . ~-~ii<f/or:~e6t/fb~yist rriadt!f~~paign contributiQn,s} -~.: . :_
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13.5 Consent Page 75
·-: .. ~ :. / ~' -~ ~·-.. .

ATTENTION ALL COUNTY OF TULARE

CONTRACTORS AND GRANTEES
Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia's · Actions in Ukraine · - · - ·
.On March .4, 2022, Governor Gavin Newsom. issued Executive Order N-6-22 (EO) regarding sanctio~s in . resp~n~e·. to Russian.- aggression in Ukraine. The EO is locat~d at ' ' . · https:Oww.w.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executlve- · order. pdf - · · ·· · · '
The Eb directs all agencies and departments ~hat are subject to the Governor's authgrity to t;:~ke · cert~in -lmm-~diate ·steps>indudingnoti~ing.au co~tractors and granteesottheir oblfga~ions to·_ · .. ·- ¢e>m:plywithexi$ting ~cb.nomic:: ~anc:tions imposed by the U.S. governmenfin respon_~et()_·R.ussiais : . · c · a~tions in ukraine, a~ weu as:anv s~·nctions imposed under stat~ law. . ... ·- -... . . :. . -- ' '. --. -. . . ' ·.. . . . . . . ~· - . - . Thi~_~orreSf'Qttd~f!:c~-s~6;~s,CI~~C!~not!c:e und~t the EOthatas a contrac~or.or gre~ntee1 <:omplicmce · With';th~ ~tb~ornjc s~r\cti6ils im~os~d in response to R~ssia s actions' jn ·_·Ukraine 'ls:.r~ciuirec;l, ·. · ... in't'l~'tJin~rvJit~ tesp~ch:o; ~~th~t nrr;ited' to, the'·federal executive ~rde'fs id~~tifi~d i~-tw~:~o-a~d . -•· •. :. the· . ~~nctions . identified on .. the U.S .... Department . of the . Treast.ny -_. __ · .. website . . • • . ct:lftps:ilt1ome. treasutY:gov tpolicv-issuestfi nan cia.l-sa nctionstsa n ctions-progra ms-a nd~countrv- · · i~fofm~tidn/Okrai~e~r{i~sla~related~s-ar\ctions). ·Failure to comply may result in the termi~~tion~of · ._..;··.-.",·: ~-·.:.::·······;- ._······· ... ·'.~--·,-:, .. ·---.-·_;.::-~ ""t • - . · •• - • · .. -.~·- .contract:~()~ gra.nts,_as ~ppli~able ... - .• ·.. .;-~. ".:. "_.'< .. ;·-. _: _:·~.,; -~--~··· .•. ; • ; ,.,_ ., . ,.·' As a_<remind.et, agreements With the County of Tulare include portions which require 'compli~n'Ce. · ' · wft·h: alllot:al; stat~; and federal laws and directives which includes Executive .Orders such~~ the . . · ··Eb:·ars~~1·~~d·h~r~~tl)~i~o 'm.·av nota·p~ly to ~r effect your agreement::with'.th~ c6u'!1.tYfPI~ase~: .. · r~~:th:hi.J?io·o~r depait·n,entin~brder.tbjseek Clarification should you ha\1~ any questiqns. ': . -~· .. _~:-.·.· ": •"_ 'l:"'·•': . . -,.-·~::, ·.---·~- · .... ·;:···. ;· .. - ·. . . _· .·. :·.· ·, . o..'Piea$e. notcf, th~t f6r aMy agreem~nts or grants. valued ·at $S millioh: or .more,- a ~epa~ate .. ndtitJ6atlon\vitl be·~e.nt~~tlinjl'lga.dditio,hal r~q~irehients ~pedfied u_nd~rth~ EO. : •· ·.· .. ··. ·. ' .. , -·, . . ..- .- . ·.·.·. .- . ·,· ,·· . . .. . - . . . ·.: ·'
. -. : ~·-'
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DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B

13.5 Consent Page 76
Certificate Of Completion
Envelope Id: 62CB4D82B3C94D91B1E5B2B8A81ACD3B Status: Completed Subject: 1904-1/2” COLD MIX – NORTH/SOUTH COUNTY
Source Envelope:

Document Pages: 34 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 0 Sandra Kinzel
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
2637 W. Burrel Ave.

Suite 200
Visalia, CA 93291
[email protected]
IP Address: 38.127.225.87
Record Tracking
Status: Original
6/23/2023 10:03:20 AM
Holder: Sandra Kinzel
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Carahsoft OBO County of Tulare Location: DocuSign Signer Events Signature Timestamp
Jack Baker
[email protected]
Pres
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 128.92.11.138
Sent: 6/23/2023 10:04:31 AM
Resent: 6/26/2023 9:09:22 AM
Viewed: 6/26/2023 9:14:16 AM
Signed: 6/26/2023 9:15:23 AM
Electronic Record and Signature Disclosure:

Accepted: 6/26/2023 9:14:16 AM
ID: d04f5fcf-b75f-431f-83c0-45a2f6a18741
Cher Castellini
[email protected]
Purchasing Manager
Carahsoft OBO County of Tulare
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.189.152.6
Sent: 6/26/2023 9:15:24 AM
Viewed: 6/27/2023 5:39:11 PM
Signed: 6/27/2023 5:39:20 PM
Electronic Record and Signature Disclosure:

13.5 Consent Page 77
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/23/2023 10:04:31 AM
Certified Delivered Security Checked 6/27/2023 5:39:11 PM Signing Complete Security Checked 6/27/2023 5:39:20 PM
Completed Security Checked 6/27/2023 5:39:20 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

13.5 Consent Page 78

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 2/13/2019 2:56:42 PM Parties agreed to: Jack Baker

13.5 Consent Page 79
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Carahsoft OBO County of Tulare:

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To withdraw your consent with Carahsoft OBO County of Tulare To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

13.5 Consent Page 80
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

13.5 Consent Page 81
PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERALSERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291

COUNTY OF TULARE

GENERAL: This is to notify you that the Tulare County Purchasing Agent is accepting your Bid No. 24-006 dated June 14, 2023 for the supplying of 1/2” Hot Asphalt Concrete-North/South County to the County of Tulare as indicated on the attached sheets. The above contract number has been issued and the contract will be effective, subject to the terms and conditions of the bid and to the provisions as incorporated herein through the period beginning July 1, 2023 and ending JUNE 30, 2024.

PRICES: The prices as bid are to be the maximum charged for the period of the contract. The Contractor shall immediately notify the County of all manufacturer's price decreases and the County of Tulare shall receive the full benefit of all such decreases, effective on the date of the manufacturer's general public announcement. The attached sheets and enclosures enumerate the prices applicable herein.

Prices are F.O.B. Destination to various County Departments or Governmental Entities.

Federal Excise Tax Exempt.

State Sales Tax to be added.

Cash discount terms: NET 1% 30 DAYS
ATTACHED SHEETS: The attached sheets and enclosures are herewith made a part of this contract.

USAGE: Usage of materials will be interspersed and periodic during the contract year, and as such will not be subject to shipment of the total estimated requirements at any one time.

DELIVERIES: Deliveries are to be made to the using department or agency by common transportation carrier, by the Contractor's own equipment, or by other means so as to effect prompt delivery.

Material Contract
Page One
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073

13.5 Consent Page 82

Due care shall be exercised in packing, handling and shipping to assure arrival of the material at its final destination in excellent condition. Any damage, loss, breakage, deterioration or other reason causing material not to arrive, or to arrive in other than excellent condition, shall be the responsibil¬ity of the Contractor. Frequency of delivery will be determined by the needs of the using department or agency and will be interspersed throughout the contract year.

Sufficient notice will be given to the Contractor to effect the required delivery.

RESPONSIBILITY FOR GOVERNMENTAL ENTITIES OTHER THAN THE COUNTY: Those Governmental Entities other than the County and its departments who are listed in the Request-For-Bids or who are subsequently included have signified their intention to participate in the Tulare County Contract. Participation will not impose any responsibility for payment of claims on the Tulare County Board of Supervisors or the County Purchasing Agent. Each such Governmental Entity will be billed separately, and payments will be made by warrants drawn on the appropriate funds for the Governmental Entity.

CONTRACT EXCLUSIVE: The provisions of the contract shall in no way prohibit the County from making incidental purchases from another suppliers for the same commodities as herein listed.

MERCHANDISE RETURNABLE FOR FULL CREDIT: Contractor agrees to give full credit for any merchandise sold by him on contract, if returned in good condition by the County.

PURCHASE ORDERS: Purchase Orders will be issued throughout the contract year to the Contractor for the requirements as needed for the department or agency.

Material Contract
Page Two
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073

13.5 Consent Page 83

RIGHT TO AUDIT: The County of Tulare reserves the right to verify, by examination of Contractor's records, all invoiced amounts when firm prices are not set forth in the purchase agreement.

CONTRACTOR ASSISTANCE: Contractor shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements.

INDEPENDENT CONTRACTOR STATUS: This Contract is entered into by both parties with the express understanding that CONTRACTOR will perform all services required under this Contract as an independent contractor. Nothing in this Contract shall be construed to constitute the CONTRACTOR or any of its agents, employees or officers as an agent, employee or officer of COUNTY. CONTRACTOR agrees to advise everyone it assigns or hires to perform any duty under this Contract that they are not employees, agents or officers of COUNTY. CONTRACTOR shall be solely responsible for determining the means and methods of performing the specified services and COUNTY shall have no right to control or exercise any supervision over CONTRACTOR as to how the services will be performed. As CONTRACTOR is not COUNTY’S employee, CONTRACTOR is responsible for paying all required state and federal taxes. In particular, COUNTY will not:
a. Withhold FICA (Social Security) from CONTRACTOR’S payments. b. Make state or federal unemployment insurance contributions on CONTRACTOR’S behalf.
c. Withhold state or federal income tax from payments to CONTRACTOR. d. Make disability insurance contributions on behalf of CONTRACTOR. e. Obtain unemployment compensation insurance on behalf of CONTRACTOR.

Material Contract
Page Three
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073

13.5 Consent Page 84

INDEMNIFICATION: CONTRACTOR shall hold harmless, defend and indemnify the COUNTY, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to any property, including COUNTY property arising out of the acts or omissions of CONTRACTOR or its agents, officers and employees under this Contract.

The foregoing obligations will continue beyond the term of the contract as to any act or omission that occurred during the term of the contract or any extension to the contract.

RENEWAL: The Contract may be renewed, by mutual written consent, for an additional TWO (2) ONE (1) year terms provided the prices, terms, and conditions remain the same.

TERMINATION OF CONTRACT: The County of Tulare may by giving ten (10) days written notice to the Contractor, terminate the contract prior to its expiration for due cause. Due cause for termination of contract shall be, but not limited to, failure to deliver in quantities required within a reasonable time period, failure of the product to meet specifications, and/or for reasons of unsatisfactory service.

The County may, upon giving thirty (30) days written notice to the Contractor, terminate the contract, with or without cause.

Material Contract
Page Four
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073

13.5 Consent Page 85

HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.

CONFLICT OF INTEREST:
(a) CONTRACTOR agrees to, at all times during the performance of this Agreement, comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to Government Code Section 1090 et seq., and the Political Reform Act, Government Code Section 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. The statutes, regulations and laws previously referenced include, but are not limited to, prohibitions against any public officer or employee, including CONTRACTOR for this purpose, from making any decision on behalf of COUNTY in which such officer, employee or consultant/contractor has a direct or indirect financial interest. A violation can occur if the public officer, employee or consultant/contractor participates in or influences any COUNTY decision which has the potential to confer any pecuniary benefit on CONTRACTOR or any business firm in which CONTRACTOR has an interest, with certain narrow exceptions.
(b) CONTRACTOR agrees that if any facts come to its attention which raise any questions as to the applicability of conflicts of interests laws, it will immediately inform the COUNTY designated representative and provide all information needed for resolution of this question.

FORM DE-542: CONTRACTOR acknowledges that this Agreement is subject to filing obligations pursuant to Unemployment Insurance Code Section 1088.8. Accordingly, COUNTY has an obligation to file a report with the Employment Development Department, which report will include the CONTRACTOR’s full name, social security number, address, the date this contract was executed, the total amount of the contract, the contract’s expiration date or whether it is ongoing. CONTRACTOR agrees to cooperate with COUNTY to make such information available and to complete Form DE- 542. Failure to provide the required information may, at COUNTY’s option, prevent approval of this Agreement, or be grounds for termination by COUNTY.

Material Contract
Page Five
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073

13.5 Consent Page 86

ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided in this Agreement, COUNTY is relying on the personal skill, expertise, training and experience of CONTRACTOR and CONTRACTOR'S employees and no part of this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of COUNTY.

EXHIBITS AND RECITALS: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

OTHER PROVISIONS:

ACCEPTED: COUNTY OF TULARE

Date By________________________________
Purchasing Agent

CEO & CFO
6/26/2023
6/27/2023

13.5 Consent Page 87

CONTRACT NO.: 1905
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 24‐006
VENDOR NAME: JAXON ENTERPRISES
DBA DEER CREEK ASPHALT
PHONE: (530) 241‐2112
FAX: (530) 243‐0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:

DON THOMASON
CITY STATE ZIP CODE: REDDING, CA  96003 E‐MAIL:
[email protected]
ORDER FROM: JAXON ENTERPRISES
DBA DEER CREEK ASPHALT
STREET ADDRESS: 1643 TAHOE COURT
CITY STATE ZIP CODE: REDDING, CA  96003
REMIT TO: JAXON ENTERPRISES
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA  96099‐4248
SUBJECT: 1/2” HOT ASPHALT CONCRETE – NORTH/SOUTH COUNTY COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2023 THROUGH JUNE 30, 2024
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: NONE
MERCHANDISE RETURNS:   FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

PRICES: SEE EXHIBIT B – COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD Material Contract

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Tulare City CouncilAugust 1, 2023

Tulare City Council
August 1, 2023