Agenda packet — Visalia City Council, August 7, 2023 (part 2 of 8)

Mural Application
1) Mural Detail - Please explain the nature of the mural including its size and materials to be used:

The mural has been a part of a concentrated effort to acknowledge both the history of the location upon which the apartment complex now exists and the cultures that make up our community.

The Mural will have the dimensions of15'-4" x 21'-10" (fifteen feet, four inches wide by twenty-one feet, ten inches tall) The Mural will be completed with professional-grade, light-fast, acrylic paints and will receive an anti-graffiti coating over the finished work.
2) What is the purpose, meaning and/or significance of the proposed mural and why is it important to share with the community? The artist's concept is based upon the desire to honor the history of the location as a possible setting for what was known as Fort Visalia. The artist has included an abstract depiction of the Fort at the lower portion of the composition. The sun at the top has rays that mimic patterning from examples of local Native American basketry. The purple mountains emphasize the size and significance of our Sierra Nevada, while the abstract foothills and lake represent the area surrounding Lake Kaweah and its divergence in to four creeks.

The side borders are comprised of oak leaves, showing the importance of our local trees.

The mural is a colorful abstraction of many of the elements that have allowed for our community to develop and grow. 3) What is the timetable to commence and complete the subject mural? Production of the mural is scheduled to begin in August/September of 2023 depending on the construction process and inclement weather. The artist has proposed a 3 week production period 4) Please give a brief biography of the individual(s), group(s) or organization(s) that will install the mural along with the artistic credentials of the artist who prepared the mural design:

The Arts Consortium is the acting Arts Council for Tulare County. We teamed up with Self Help Enterprises to promote this mural opportunity and received responses from as far as Philadelphia. Self-Help Enterprises is a nationally recognized community development organization whose mission is to work together with low-income families to build and sustain healthy homes and communities. Michael Vazquez provided the winning submission and further made edits to his original design, proving his experience in dealing with clients and his willingness to get the project done right. 5) Please explain who will be responsible for the murals maintenance:

Self Help Enterprises will oversee the maintenance of the walls and Michael Vasquez will retain "first right of refusal" for any touch ups or repairs due to vandalism. The mural will be finished with a graffiti resistant coat.

DocuSign Envelope ID: 818D6D2C-99B8-40AB-B5D3-9E42A30C7782 1557 249
Page3
Mural Application
Please submit one, reproducible rendering (sketch or photo) of an elevation drawing, prepared to a 1: 12 scale [1 "= 1 ft.0"), with dimensions, accurately depicting the mural to be painted.

Please refer to the Mural Guidelines and Procedures for additional information on the approval process and requirements for installing a mural in the City of Visalia.

Mural Proposal Submitted by:

Ampelio Mejia Perez
Signed: _____________ _
Date: 5/21/2023

STATE OF CALIFORNIA
COUNTY OF ___ _
CITY OF _____ _
WE, I, _________________________________ being duly
sworn, depose and say that (we are) (I am) the owner(s) of the property (site) involved in this application and that (we) (1) have been familiarized with the rules and regulations of the City of Visalia with respect to preparing and filing this application for a mural and that the foregoing statements and answers contained in this information on the attached materials thoroughly and completely to the best of ( our) (my) ability present the arguments in behalf of the application herewith requested and that the statements and information above referred to are in all respects true and correct to the best of ( our) (my) knowledge and belief.

Signed: ______________ _
Date:

Name of Owner(s ):_Thomas J. Collishaw
Return Application to:

Brandon Smith, Senior Planner
Visalia Planning Division
315 E. Acequia A venue, Visalia, CA 93291 Email:
[email protected]
Phone: (559) 713-4636
Thomas J. Collishaw
Tulare
Visalia
6/1/2023
DocuSign Envelope ID: 818D6D2C-99B8-40AB-B5D3-9E42A30C7782 1558 20
251
252
253
Lofts at Fort Visalia mixed use residential building, 340 E. Oak Avenue The mural is proposed on the east face of the south facade. This picture is taken from Oak Avenue & Bridge Street looking NW. 254
Application No.

Date Received
IMPORTANT! PLEASE CAREFULLY READ THE MURAL GUIDELINES AND PROCEDURES BEFORE COMPLETING THIS APPLICATION.

You will be notified within thirty (30) days whether the application has been accepted. After filing a complete application for a mural, it will be referred to the Visalia Mural Panel for consideration and action. The time required to process a mural application will vary but will be a maximum of 90 days from application submittal.

This MURAL APPLICATION must be filled out completely and with full answers to every statement and question. This application must be signed by the individual or group proposing the mural, the artist and the owner(s) of the property on which the mural is to be installed.

APPLICANT:

Name of Applicant: Telephone:

Address of Applicant: E-Mail Address:

Mural site is located at:

Present zoning of property: Present use of property:

ARTIST:

Name of Mural Artist: Telephone:

Address of Applicant: E-Mail Address:

PROPERTY OWNER:

Name of Property Owner: Telephone:

Address of Property Owner: E-Mail Address:

Arts Consortium 559-772-0001
PO Box 2696 - Visalia CA 93279 [email protected] 340 E. Oak Ave - West Facing Wall
Downtown Mixed Use Housing and Community Services
Eric Rodriguez 559-972-0678
1638 N Mooney Blvd Visalia CA 93291 [email protected] Lofts at Fort Visalia LP (Self-Help Enterprises)
8445 W. Elowin Ct, Visalia CA 93291
559-802 - 1637
[email protected]
DocuSign Envelope ID: 818D6D2C-99B8-40AB-B5D3-9E42A30C7782 1553 25

Page 2 ends

Mural Application
1) Mural Detail - Please explain the nature of the mural including its size and materials to be used:
2) What is the purpose, meaning and/or significance of the proposed mural and why is it important to share with the community? 3) What is the timetable to commence and complete the subject mural? 4) Please give a brief biography of the individual(s), group(s) or organization(s) that will install the mural along with the artistic credentials of the artist who prepared the mural design:
5) Please explain who will be responsible for the murals maintenance:

The Mural is part of a concentrated effort to acknowledge the history and cultures upon which the apartment complex now exists
The mural will have the dimensions of 10' by 32'-4" (ten feet wide by thirty-two feet, four inches tall) The Mural will be completed with professional-grade, exterior latex paint, and will receive an anti graffiti coating over the finished work.

Production of the mural is scheduled to begin in August/September of 2023 depending on the construction process and inclement weather. The artist has proposed a 3 week production period The Arts Consortium is the acting Arts Council for Tulare County. We teamed up with Self Help Enterprises to promote this mural opportunity and received responses from as far as Philadelphia. Self-Help Enterprises is a nationally recognized community development organization whose mission is to work together with low-income families to build and sustain healthy homes and communities.

Eric Rodriguez provided the winning submission. He has produced murals in the Downtown Visalia area, namely on the doors of Game Core, which have been long lasting parts of our Downtown Visalia art-scape. His conceptualization of the union between land and cultures was an automatic favorite amongst a professionally diverse selection panel.

The artist's concept was focused on melding land, culture, and nourishment into a cohesive work. The artist successfully creates a visual reference to agriculture and local wilderness within the lower portions of the composition. The central portion of the work focuses on shapes that echo architecture found in the heart of Visalia such as the Darling Hotel and the Post Office on Acequia Ave. The left most part of the composition pays tribute to tribal patterning observed by the artist on ceremonial garb that has been associated with the previously prolific Mariposa Tribe (often referred to as Yokut). The topmost portion makes reference to an orange fruit that also doubles as a sun and gives the composition a visual and conceptual focal point. This mural will surely resonate with our community as something never before seen but also extremely familiar.

Self Help Enterprises will oversee the maintenance of the walls and the artist, Eric Rodriguez will retain "first right of refusal" for any touch-ups or repairs due to vandalism. The mural will be finished with a graffiti resistant coat.

DocuSign Envelope ID: 818D6D2C-99B8-40AB-B5D3-9E42A30C7782 1554 26

Page 3 ends

Mural Application
Please submit one, reproducible rendering (sketch or photo) of an elevation drawing, prepared to a 1:12 scale [1 "=1 ft.0"], with dimensions, accurately depicting the mural to be painted.

Please refer to the Mural Guidelines and Procedures for additional information on the approval process and requirements for installing a mural in the City of Visalia.

Mural Proposal Submitted by: Signed:

Date:

STATE OF CALIFORNIA

COUNTY OF

CITY OF
WE, I, _________________________________________________________________________________ being duly sworn, depose and say that (we are) (I am) the owner(s) of the property (site) involved in this application and that (we) (1) have been familiarized with the rules and regulations of the City of Visalia with respect to preparing and filing this application for a mural and that the foregoing statements and answers contained in this information on the attached materials thoroughly and completely to the best of (our) (my) ability present the arguments in behalf of the application herewith requested and that the statements and information above referred to are in all respects true and correct to the best of (our) (my) knowledge and belief.

Name of Owner(s): Signed:

Date:

Return Application to:

Brandon Smith, Senior Planner
Visalia Planning Division
315 E. Acequia Avenue, Visalia, CA 93291
Email: [email protected]
Phone: (559) 713-4636
Ampelio Mejia Perez 5/21/2023
Thomas J. Collishaw
Tulare
Visalia
Thomas J. Collishaw
6/1/2023
DocuSign Envelope ID: 818D6D2C-99B8-40AB-B5D3-9E42A30C7782 1555 27
258
259
260
Lofts at Fort Visalia mixed use residential building, 340 E. Oak Avenue The mural is proposed on the west facade. This picture is taken from Oak Avenue & Garden Street looking NE. 261

MURAL INSTALLATION AND MAINTENANCE AGREEMENT
1 of 8

MURAL INSTALLATION AND MAINTENANCE AGREEMENT
This MURAL INSTALLATION AND MAINTENANCE AGREEMENT (the
“Agreement”) is made this _____________, 2023, in the City of Visalia, County of Tulare, State of California, by and between Self-Help Enterprises (“Owner”), __________________ (“Artist”) and the City of Visalia (“City”).

W I T N E S S E T H:

WHEREAS, City understands the importance of art in public places and the role that murals play in preserving our culture, conveying the history of our community, beautifying the city, and advancing the arts.

WHEREAS, murals are permitted under the City’s sign ordinance upon the issuance of a permit from City pursuant to Visalia Municipal Code § 17.48.040.

WHEREAS, pursuant to City’s Mural Guidelines and Procedures, murals meeting certain specification are allowed subject to review by the Mural Panel and final approval by the City Council in accordance with VMC § 17.48.040.

WHEREAS, pursuant to the City’s Mural Guidelines, following approval by the Mural Panel, Owner and Artist are required to provide to the City Manager, or his/her designee, evidence of an agreement which identifies the terms and conditions under which the mural will be applied; and
WHEREAS, to comply with the City’s mural guidelines, Owner, Artist, and City desire to execute an agreement establishing the Parties’ rights and responsibilities with respect to the installation, maintenance, and ownership of the mural.

NOW, THERFORE, in consideration of the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:

Article 1
Definitions

1.1 “Commercial” means words or images used elsewhere in the marketplace for the purpose of promoting a particular business, product, service, cause, place or brand.

1.2 “Commercial element” means art that by virtue of its location or proximity to a business may serve a minimal commercial purpose. If that art were in a different location, it would be considered pure art and not commercial in nature.

1.3 “Good condition” means that the mural is free of dirt, debris, and any other object or substance interfering with the public’s view of the mural. 262

MURAL INSTALLATION AND MAINTENANCE AGREEMENT
2 of 8

1.4 “Mural” means a sign as defined in Visalia Municipal Code, Chapter 17.48.

It is also generally described as a picture or representation, in any type of medium, on an exterior surface of a building, structure, fence or garden wall.

1.5 “Mural Panel” means the group of individuals approved by the City Manager to review applications to place murals in public places prior to presentation to Council.

Article 2
Owner’s Covenants

2.1 Authorization. Owner covenants that Owner owns the property located at 340 E. Oak Avenue, Visalia, California, 93291 (the “Property”), is authorized to permit the mural’s installation upon the _____________ wall of the Property, and will permit Artist to do so following this Agreement’s execution.

2.2 Maintenance and Repair. Owner covenants to maintain and repair the mural during the term of this Agreement so that the mural is at all times in a state of good condition.

Article 3
Artist’s Covenants

3.1 Installation. Artist covenants to complete installation of the mural on the west-facing wall of the Property within 120 days after this Agreement’s execution.

3.2 Necessary Artistic Repairs. Artist covenants to assist Owner in making any necessary repairs to the mural’s artistic content, including, but not limited to, restoring a damaged portion of the mural’s content.

Article 4
Term, Termination, and Extension

4.1 Term. This Agreement shall have a term of ten (10) years from the date of execution, unless terminated pursuant to Article 4 or Article 8.

4.2 Owner’s Termination.Owner may elect to terminate this Agreement without any liability to Artist or City if Artist: (a) fails to install the mural as specified in this Agreement; or (b) fails to complete installation of the mural on the date required by Section 3.1 for any reason. In the event of such termination, Owner may elect to cover or remove those parts of the Mural that have been installed.

4.3 City’s Termination. City may elect to terminate this Agreement without any liability to Artist or Owner if the Mural is not maintained in accordance with Section

7.1. 263

MURAL INSTALLATION AND MAINTENANCE AGREEMENT
3 of 8

4.4 Extension. The Parties hereto may mutually agree in writing to extend the term of this Agreement for successive five (5) or ten (10) year periods.

Article 5
Mural Specifications

5.1 Artistic Freedom. The provisions of this Article 5 shall not in any way limit or restrict Artist’s right to include content in the mural that is not commercial, indecent, or obscene.

5.2 Commercial Content. The mural shall not include an advertisement or be commercial in nature. Murals shall not contain copy, lettering, symbols or references directly to the promotion of any product, business, brand, organization, service, cause or place. Murals may contain limited commercial elements so long as they are not considered commercial speech with the purpose of promoting a commercial transaction.

5.3 Obscene and Indecent Content. The mural shall comply with City ordinances prohibiting indecency and obscenity in public.

5.4 Sponsor and Artist Identification. In no event shall the name of a sponsor, a sponsor product likeness, or the Artist’s signature individually comprise more than one (1) percent of the mural.

5.5 Configuration and Dimensions. The mural shall be of the same configuration and dimensions as the scale rendition preliminarily approved by the Mural Panel and Owner.

Article 6
Installation

6.1 Time of Installation. Artist shall begin installing the mural as soon as reasonably practicable after this Agreement’s execution.

6.2 Notice of Installation. Artist shall provide advance notice in writing to Owner of the date and time Artist intends to install the mural. Artist may thereafter proceed with the installation if Owner is not present, unless Owner notifies Artist in writing otherwise.

6.3 Materials. Artist shall be responsible for providing, at its cost, all materials necessary to install the mural.

6.4 Landscape Protection and Removal. Parties acknowledge that the site of the proposed mural does not contain landscaping. .

6.5 Application for Encroachment Permit. Artist shall determine whether installation of the mural requires an encroachment permit pursuant to Visalia Municipal 264

MURAL INSTALLATION AND MAINTENANCE AGREEMENT
4 of 8
Code § 12.12.010, which requires an encroachment permit for any work performed in the public right of way or utility easements in the City, and, if required, Artist shall acquire said permit prior to commencing the mural’s installation.

Article 7
Maintenance and Repairs

7.1 Maintenance and Repairs. Owner shall be responsible for maintaining the mural in good condition at all times while this Agreement is in force. If, for any reason, the mural is not so maintained, as determined by City, City shall notify Owner of the need to perform maintenance and/or repairs and identify the actions necessary for compliance with this provision. If, after thirty (30) days from the date of the City’s notification to Owner of the need for maintenance and/or repairs, Owner has not performed the actions identified by City as being necessary for compliance with this provision, City may enter Owner’s property and perform any necessary maintenance and/or repairs at Owner’s expense.

7.2. Access. Owner hereby grants City and Artist a right of access to the Property to paint the mural and to perform maintenance and repairs required pursuant to this Agreement, and otherwise to ensure the mural remains in good condition while this Agreement is in force. The license shall continue for a period of ten (10) years from the date of this Agreement’s execution.

Article 8
Removal

8.1 Removal by City. City may remove the mural at Owner’s expense if Owner fails to maintain the Mural in good condition as provided in Section 7.1.

8.2 Removal by Owner. Owner may remove the mural at Owner’s expense if Owner reasonably determines that the mural is harming the Property or limiting Owner’s ability to use the Property for the purpose for which it is intended; provided that Owner shall provide Artist and City with sixty (60) days’ notice that Owner intends to remove the mural at the end of the notice period. If possible, Owner shall work with Artist and City to find another suitable site for the mural.

Article 9
Insurance and Indemnification

9.1 Insurance. Owner or Artist shall obtain adequate insurance, both in type and amount, as determined by the City’s Risk Manager; provided however, that if either party is unable to obtain insurance coverage, then in lieu thereof the Owner and the Artist may agree to indemnify City pursuant to Section 9.2.

9.2 Indemnification and Coordination. Unless insurance coverage has been obtained in accordance with Section 9.1, Owner and Artist hereby agree:
265

MURAL INSTALLATION AND MAINTENANCE AGREEMENT
5 of 8
(i) to jointly and severally indemnify City for any costs the City incurs in connection with the mural caused by the actions of the Owner or Artist, their officers, employees, or agents, or any person who was under their control insofar as permitted by law. Further, Owner and Artist hereby agree to hold harmless, indemnify, and defend the City of Visalia, its officials, members, agents, and employees against any claims, costs, damages, demands, liability, and notices, or any of these, arising or resulting from any damage or injury proximately caused by actions of either party in connection with the mural, regardless of whether the city is actively negligent or passively negligent, except for those claims, costs, damages, demands, liability, and notices, or any of these, caused solely by the negligence or willful misconduct of City; and (ii) to cooperate with the City to respond to specific risks, hazards, and dangers to public health and safety that are reasonably foreseeable consequences of the activity contemplated by this Agreement.

Article 10
Intellectual Property

10.1 Ownership: City, its successors and assigns, shall own all rights in the mural except as specified below.

10.2 Copyright. Subject to the restrictions and usage rights and licenses granted to Owner hereunder, and unless otherwise agreed to by the parties in writing, Artist shall retain all 17 U.S.C. §106 copyrights in all original works of authorship produced under this Agreement. If Artist is comprised of two or more individual persons, the individual persons shall be deemed joint authors of the mural.

10.3 Owner’s Intellectual Property License. Artist hereby grants to Owner, and to Owner’s agents, authorized contractors and assigns, and to City an unlimited and irrevocable license to do the following with respect to the Mural:
(i) Owner may use and display the mural on the Property only. (ii) Owner and City may make, display, and distribute, and authorize the making, display, and distribution of photographs and other reproductions of the mural.

Owner and City may use such reproductions for any Owner-related or City-related purpose, including advertising, educational and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic, and multimedia publicity. Owner and City shall ensure that such reproductions are made in a professional and tasteful manner, in their sole and reasonable judgment. Owner and City shall make reasonable efforts to ensure that such reproductions include the following credit line and copyright notice where practicable: “[Title of Artwork]” © [Year of completion] by [Artist’s name]. Failure to include such credit line and notice in any reproductions shall not constitute a breach of this agreement. Neither Owner nor City may license or sublicense its rights for any private or 266

MURAL INSTALLATION AND MAINTENANCE AGREEMENT
6 of 8
commercial purpose. This license granted hereunder does not include the right to sell photographs or reproductions of the mural or to reproductions.

10.4 Third Party Infringement. Artist represents and warrants that the mural is the sole work of the Artist and does not infringe the intellectual property rights of any third parties. Neither Owner nor City is responsible for any third party infringement of Artist’s copyright or for protecting Artist’s intellectual property rights. Further, Artist agrees to indemnify Owner and City against any claims brought against Owner or City alleging that the mural infringes the intellectual property rights of any third parties.

10.5 Publicity. Owner and City shall have the right to use Artist’s name, likeness, and biographical information, in connection with the display or reproduction and distribution of the mural. Artist shall be reasonably available to attend any ceremonies related to the mural.

10.6 Trademark. In the event that Owner’s or City’s use of the mural creates trademark, service mark or trade dress rights in connection with the mural, Owner and City shall have an exclusive and irrevocable right in such trademark, service mark, or trade dress.

10.7 Waiver of Artist’s Rights. With respect to the mural produced under this Agreement, and in consideration of the procedures and remedies specified in this Agreement, Artist hereby waives any and all claims, arising at any time and under any circumstances, against Owner and City, its officers, agents, employees, successors and assigns, arising under the federal Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987, et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§ 987, et seq., or any other type of moral right protecting the integrity of works of art. Specifically, Artist hereby waives any and all such claims against Owner or any future owners of the Property, and its agents, officers and employees, and City. Artist hereby represents and warrants that the Artist is authorized to sign this waiver.

Article 11
Miscellaneous Provisions

11.1 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL

ONE PARTY TO THIS AGREEMENT BE LIABLE TO THE OTHER PARTY FOR

ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES,

INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS

AGREEMENT, OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS

AGREEMENT, REGARDLESS OF WHETHER A CLAIM MADE BY THAT PARTY IS BASED ON CONTRACT OR TORT.

11.2 Survival. The provisions contained in Article 10 shall survive the expiration or termination of this Agreement.
267

MURAL INSTALLATION AND MAINTENANCE AGREEMENT
7 of 8

11.3 Modification and Amendment. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement.

11.4 Governing Law; Venue. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws principles. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in Visalia.

11.5 Headings. All article and section headings and captions contained in this Agreement are for reference only and shall not be considered in construing this Agreement.

11.6 Entire Agreement. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written provisions.

11.7 Counterparts. This Agreement may be executed in multiple counterparts and signatures may be exchanged by facsimile or electronically, each of which shall be deemed to be an original document, and all of which together shall constitute one and the same document.

11.8 Relationship of the Parties. Nothing contained in the Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the Parties. The relationship between the Parties shall at all times be that of independent contractors. Neither Party shall have authority to contract for or bind the other in any manner whatsoever. The Agreement confers no rights upon either Party except those expressly granted herein.

11.9 Attorney Fees. In the event either party commences legal proceedings for the enforcement of this Agreement, the prevailing party shall be entitled to recovery of its attorney’s fees, litigation expenses, and court costs incurred in the action brought thereon. Attorney’s fees and litigation expenses shall include without limitation costs of preparation and discovery and retaining expert witnesses, and such fees and expenses shall be payable whether or not the litigation proceeds to final judgment. “Prevailing party” shall be defined as the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. When any party recovers other than monetary relief and in situations other than as specified herein, the prevailing party shall be as determined by the court.

11.10 Notices. Notices or other communications required by this Agreement will be sufficiently made or given if mailed by certified First Class United States mail, postage pre-paid, or by commercial carrier (e.g., FedEx, UPS, etc.) when the carrier maintains receipt or record of delivery, addressed to the address stated below, or to the last address specified in writing by the intended recipient. 268

MURAL INSTALLATION AND MAINTENANCE AGREEMENT
8 of 8
Owner: Self-Help Enterprises
8445 W. Elowin Court
Visalia, CA 93291
Artist: ______________________
______________________
______________________
City City of Visalia,
Attn: Leslie Caviglia, City Manager
220 N. Santa Fe Street
Visalia, CA 93292
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first specified herein.

Owner
______________________________
Tom Collishaw
Self-Help Enterprises
Artist
______________________________
City
______________________________
Leslie Caviglia
City Manager
269
1 CITY OF VISALIA

MURAL GUIDELINES AND PROCEDURES
INTRODUCTION:

Murals are considered signs and, as such, are governed by the City’s sign ordinance found in Chapter 17.48 of the Visalia Municipal Code (“VMC”). Murals require the issuance of a permit from the City pursuant to VMC §17.48.030. Murals which are non-commercial, contain no advertising copy and which do not function as an advertisement are allowed, subject to review by the Mural Panel and final approval by the City Council (VMC §17.48.040(S).). These guidelines are provided to assist mural applicants through the process prior to presentation to City Council.

PURPOSE: To define the process used by groups or individuals (“applicants”) who desire to install murals in Visalia public places. The City of Visalia understands the importance of art in public places and the role that murals play in preserving our culture, conveying the history of our community, beautifying the city and advancing the arts. These guidelines will provide direction to applicants wishing to install murals in public places.

DEFINITIONS:
“Parks Commission” means the Visalia Parks and Recreation Commission which is responsible for City of Visalia Parks.
“Planning Commission” means that Visalia Planning Commission responsible for approving variances in the sign ordinance.
“Public places” means places within the City limits of Visalia, which are visible to the public.
“Commercial” means words or images used elsewhere in the marketplace for the purpose of promoting a particular business, product, service, cause, place or brand. “Commercial Element” means art that by virtue of its location or proximity to a business may serve a minimal commercial purpose. If that art were in a different location, it would be considered pure art and not commercial in nature. “Mural” means a sign as defined in VMC Chapter 17.48. It is also generally described as a picture or representation, in any type of medium, on an exterior surface of a building, structure, fence or garden wall.
“Mural Panel” means a group of individuals approved by the City Manager to review applications to place murals in public places prior to presentation to Council. Mural Panel will be comprised of one (1) representative from the Arts Consortium, one (1) representative from Arts Visalia, and one (1) representative appointed by the Mayor.

In all cases, the person appointed should have no involvement/conflict of interest with the mural under consideration. The representatives will be appointed by the Chair of these organizations and the Mayor upon the receipt of a Mural Application. 270
2 “Preliminary Approval” means the application has been accepted, found to be in good order and complete and the proposed mural is deemed appropriate by the mural panel.

GENERAL GUIDELINES:

1. The emphasis of the murals will be on “artistic expression” and must not include an advertisement or be commercial in nature. This will in no way limit or restrict the artist’s right to include speech and/or artistic expression in a mural that is not commercial as defined above. All murals must comply with City ordinances that prohibit indecency or obscenity in public.

2. Murals shall not contain copy, lettering, symbols or references directly to the promotion of any product, business, brand, organization, service, cause or place. Murals may contain limited commercial elements so long as they are not considered commercial speech with the purpose of promoting a commercial transaction. For those mural applications that may contain limited commercial elements, the Mural Panel will ask the question – “If the business on which the mural is located were to move, would the mural still be good quality art and something the community would want to remain?” If so, the mural is not considered commercial speech or advertisement but rather pure art.

3. Murals shall not be merely an extension or enlargement of a sign. If the theme of the mural is to promote a business, brand, organization, service, cause or place, it shall meet all requirements of the City of Visalia sign ordinance. If the proposed mural is determined to be commercial in nature and is therefore deemed by the Mural Panel to be a form of advertisement, the Mural Application will be referred to the City of Visalia Planning Department for a variance in the sign ordinance. That application will then follow their process for review and approval.

4. Not more than 1% of the mural will contain the name of a sponsor and/or sponsor product likeness. The artist’s signature shall not be more than 1% of the mural.

5. Temporary Murals will receive, as is reasonably practicable, expedited review by the Mural Panel. Temporary murals shall be required to comply with the provisions of these guidelines, and will be removed no later than one year after completed. After one year, if there is a desire for the mural to remain in place, the owner will resubmit a mural application and follow the standard process as outlined herein.

6. Mural artists will be required to demonstrate their ability and experience to create high quality, well designed and well executed murals and/or art. The artist must provide the Mural Panel a portfolio of work that is reflective of the style of the proposed mural. This will be used to help determine whether the artist will be able to uphold the standards for quality art within the City of Visalia. For those artists without a portfolio of work, the Mural Panel will consider other presented forms of art that demonstrate an ability to create a quality mural.
271
3 7. New murals erected without receiving proper approval and that did not go through the Mural Application and Approval Process, will be required to retroactively go through the Process. Property owners will have 30 days after receiving notification to submit a mural application after which the mural will be deemed a sign and subject to all permitting requirements of VMC 17.48. The retroactive mural applications will be required to comply with all Mural Guidelines and must receive City Council approval. Murals that fail to be approved will be removed within 30 days after the denial at the property owners expense.

APPLICATION AND APPROVAL PROCESS:

STEP 1: Muralist(s) must obtain an application from the Community Development Department office at 315 E. Acequia Ave. or online at www.visalia.city. The time required to process a mural application will vary but will be a maximum of 90 days from application submittal. The application will provide information to the City regarding location, size, concept and content of the mural, type of paint/media, owner of the building where the mural will be located, artist(s), dates of application, individuals who will be responsible for maintenance. The application must be signed by the individual/group proposing to place the mural, as well as the property owner where the mural will be placed and submitted to the City Manager or his/her designee along with a 1:12 scale [1”=1 ft.-0”] sketch, rendering or photo of the proposed mural.

STEP 2: The application and mural rendering must be reviewed and approved by the Mural Panel and the owner of the property where the mural is proposed to be placed. The review will be conducted to assure compliance with local ordinances and regulations, these guidelines, and the ability of the artist(s) proposing the mural to produce a quality mural. If the mural receives preliminary approval, it will move forward in the process.

Any mural that is to be installed in or on a community center or park, except Convention Center, must, in addition to review by the Mural Panel, be reviewed by the Parks Commission prior to submission to the Visalia City Council for final approval.

STEP 3: After receiving preliminary approval, the artist will then be required to provide for review their portfolio of work that is reflective of the proposed mural. The Mural Panel will use the portfolio of work to help determine whether the artist has the technical skill and ability to produce a quality mural within the City of Visalia. If the artist is unable to provide a portfolio of work, at a minimum, the artist will be required to provide evidence of artistic talent that satisfies the Mural Panel as to the skill and ability of the artist to create a mural that is of good quality.

STEP 4: After review and acceptance of the artist’s body of work, the Mural Panel will make a recommendation to the City Council for approval of the mural application which is the final approval step.
272
4 MURAL AGREEMENT:

Following approval by the Mural Panel, whether the mural will be placed on public or private property, the property owner and applicant(s) will be required to provide to the City Manager, or his/her designee, evidence of a proposed agreement which identifies the terms and conditions under which the mural will be applied. These terms and conditions include, but are not limited to:

A. Specifications regarding the mural (location, size, concept and content of the mural, type of paint/media);
B. Application for Encroachment Permit if necessary;
C. Identification of ownership of the mural image and use thereof; D. Expected timeframe for completion;
E. Long term mural maintenance;
F. Circumstances under which the mural may be removed by the City and/or property owner (i.e. lack of maintenance or in disrepair);
G. Proof of Liability Insurance;
H. Landscape removal and replacement or protection, if any; The proposed agreement will be provided to the Mural Panel and will be submitted to City Council along with the recommendation of the Mural Panel and, if necessary, the Park Commission.

APPEAL TO CITY COUNCIL:

In the event the Mural Panel and/or the Park Commission determines the proposed mural does not comply with the parameters of these guidelines or other City ordinances and regulations, and therefore determines to withhold its approval, applicant(s) may apply for a variance as authorized by VMC section 17.48.040(P) and outlined in VMC section 17.48.110.

FINAL INSPECTION AND ACCEPTANCE:

The City reserves the right to inspect the mural during installation and upon completion to ensure that the final product is in compliance with the approved mural application. Should it be found that the mural is not in compliance, the artist and property owner will be notified and given 30 days to remedy the situation. Should the property owner and/or artist fail to make the necessary corrections, the mural will be deemed out of compliance and will be removed at the expense of the property owner and/or artist.

Revised 3-05-14
273
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0298 Agenda Date: 8/7/2023 Agenda #: 11.

Agenda Item Wording:

Authorize the City Manager to enter into a purchase addendum to the Department’s existing five (5) year sole source contract with Motorola Solutions, to upgrade the Insight module, including associated maintenance costs, and Data Replication module for a total cost of $34,049 and appropriate $30,604 from the General Fund for FY 23/24.

Deadline for Action: 8/7/2023
Submitting Department: Police Department
Contact Name and Phone Number: Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]> ; Captain Dan Ford, ext. 4151, [email protected] <mailto:[email protected]> ; Financial Analyst Liz Ybarra, ext.4250, [email protected] <mailto:[email protected]>
Department Recommendation:

Summary:

On July 18, 2022, City Council voted unanimously to authorize the City Manager to enter into a five (5) year maintenance contract with Motorola Solutions beginning July 1, 2021 and terminating June 30, 2026. The contract included service for the Department’s computer aided dispatch and records managements system (CAD/RMS), commonly known as Spillman. Spillman has several different systems integrated into the service (referred to as modules).

Since the initiation of the contract, MIS and the Department have determined that a Data Replication module will better protect the CAD/RMS system by improving security, auditing capabilities, and providing system standardization. Department staff have also been working with other agencies within Tulare County that are now using Spillman for their CAD/RMS. As a result, it is now necessary for the Department to update the software for our Insight module, which serves as a data bridge to these other agencies.

Background Discussion:

In August of 2015, the City purchased Spillman Flex to replace the antiquated CAD/RMS system.

Spillman serves as the CAD/RMS system for both Police and Fire. In addition to the dispatching capabilities, Spillman also integrates with the City’s GIS mapping program by pulling the data from Spillman. The data from Spillman is also pulled by the Department’s Crime Analysis Unit for Department review of crime trends, public records requests, other City Departments’ requests, and Visalia City Council Page 1 of 3 Printed on 8/4/2023
powered by Legistar™274
File #: 23-0298 Agenda Date: 8/7/2023 Agenda #: 11.

Department review of crime trends, public records requests, other City Departments’ requests, and for criminal investigations. In July of 2022, the City Council authorized the City Manager to enter into a five (5) year sole source contract to continue maintenance of pre-existing services with Motorola, the organization that had purchased Spillman Flex.

Since the authorization of this contract, MIS and the Department have identified a Data Replication module as an essential addition. The current storage method of data in Spillman requires staff to pull data from the primary module storing the data. Because of this, the data is subject to unintentional manipulation or deletion of data. Furthermore, it could lead to staff inadvertently affecting the programing of the Spillman software on the server.

City staff have determined that a Data Replication module would provide a solution to this problem.

By having the data pulled onto a Data Replication module, we would provide a secondary database to retrieve information from. This would increase the level of security for our CAD/RMS data, provide better auditing capabilities to identify who is pulling the data, and provide system standardization.

The Department was also the only Tulare County law enforcement agency to use Spillman until recently. Within the last year, Tulare County Sheriff’s Office, Tulare Police Department, and Porterville Police Department all replaced their previous CAD/RMS systems with Spillman. As a result, external databases maintained by the Tulare County Sheriff’s Office previously used by staff are no longer available or updated.

However, because all agencies are using the same system, Spillman utilizes a module called Insight to serve as a bridge between agencies. This allows staff to retrieve information such as mugshots and other investigative information to help solve cases. The Department currently has this module; however, there have been no software upgrades or maintenance to avoid unnecessary costs up to this point. This purchase will provide the necessary upgrades and annual maintenance through the completion of the current Motorola contract.

Motorola does not provide the database server license needed for maintaining this module and requires that the agency provide necessary the SQL licenses. The City currently uses Microsoft for SQL licensing and would need to add two additional licenses.

Fiscal Impact:

Total cost of the contract amendment and required appropriation is indicated below:

Motorola Spillman Flex Software Contract Amendment C23011 Description FY 23/24 FY 24/25 FY 25/26 Total
Insight Module $8,717.18 $ - $ - $8, 717.18
Data Replication
Module
$16,792.73 $1,689.00 $1,756.00 $20,237.73
Visalia City Council Page 2 of 3 Printed on 8/4/2023
powered by Legistar™275
File #: 23-0298 Agenda Date: 8/7/2023 Agenda #: 11.

Motorola Spillman Flex Software Contract Amendment C23011 Description FY 23/24 FY 24/25 FY 25/26 Total
Insight Module $8,717.18 $ - $ - $8, 717.18
Data Replication
Module
$16,792.73 $1,689.00 $1,756.00 $20,237.73
SQL Licenses $5,094.00 $ - $ - $5,094.00
Total $30,603.91 $1,689.00 $1,756.00 $34,048.91
The existing contract (C23011) in the amount of $836,675 is billed annually and is paid thru 6/30/2024. It is budgeted in 2101-55520 and the new appropriations for FY23/24 should be added to the same budget. There is no sales tax charged to the software.

Prior Council Action: July 18, 2022: Council renewed the current five (5) year contract.

Other: N/A
Alternatives: Deny the motion.

Recommended Motion (and Alternative Motions if expected):

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Motorola quotes, CDW quote & 7/18 approved staff report.

Visalia City Council Page 3 of 3 Printed on 8/4/2023
powered by Legistar™276
277
278
279
280
281
282
283
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0300 Agenda Date: 8/7/2023 Agenda #: 12.

Agenda Item Wording:

Authorization to establish a contract with Jaxon Enterprises (dba Deer Creek Asphalt) by piggybacking on the County of Tulare Contract No 1905 for Hot Mix Asphalt, Contract No 1902 for 3/8” Cold Mix Asphalt, and Contract No 1904 for ½” Cold Mix Asphalt at a total amount not to exceed $400,000 annually.

Deadline for Action: 8/7/2023
Submitting Department: Public Works
Contact Name and Phone Number:

Wyndi Ferguson, Public Works Manager, [email protected], 713-4186 Nick Bartsch, Public Works Director, [email protected], 713-4052 Department Recommendation:

Staff recommends that City Council authorize the City Manager to establish a contract with Jaxon Enterprises (dba Deer Creek Asphalt) by piggybacking on the County of Tulare Contract No 1905 for the purchase of Hot Mix Asphalt, Contract No 1902 for the purchase of 3/8” Cold Mix Asphalt, and Contract No 1904 for ½” Cold Mix Asphalt at an amount not to exceed $400,000 annually from the Gas Tax (111) Funds. This contract may be renewed, by mutual consent, for an additional two (2) one (1) year terms.

Background Discussion:

Within the City’s 36-square mile jurisdiction, the Street Maintenance division maintains approximately 500 miles of streets. Maintaining the streets is done with several different procedures, including, but not limited to, thin skin patches, minor overlays, dig outs, and pothole patching. These procedures all utilize either hot or cold mix asphalt material.

As a government entity, the City of Visalia can “piggyback” on various contracts at pre-negotiated contract pricing. In May of 2023, the County of Tulare solicited bids for 3/8” and 1/2” Cold Mix and 1/2” Hot Mix Asphalt material. In June 2023, the County awarded their FY2023/2024 asphalt contracts to Jaxon Enterprises (dba Deer Creek Asphalt). These contracts contain specific language stating that piggybacking is allowed, the material specifications are as per CalTrans specifications, and the Deer Creek Asphalt plant located southeast of Porterville is within the mileage parameters set in previous City of Visalia asphalt material contracts.

Fiscal Impact:

Funding for the purchase of asphalt material is available in the various Street Maintenance Capital Improvement Projects budgeted in the Gas Tax (111) as follows:

Gas Tax (111) Fund - Street Maintenance Projects:
· CP8351 - Hot Patching
· CP9094 - Pave Outs
Visalia City Council Page 1 of 2 Printed on 8/4/2023
powered by Legistar™284
File #: 23-0300 Agenda Date: 8/7/2023 Agenda #: 12.
· CP9508 - Dig Outs
· CP9515 - Pot Hole Patching
· CP9520 - Thin Skin Patch
· CP9525 - Minor Asphalt Overlays
Staff will coordinate with Finance to determine if any funds not spent within the associated CIP will be rolled to the next fiscal year’s CIP or released to the fund balance.

Alternatives:

Deny the request to piggyback and have the Finance Department issue a formal Request for Bids for the purchase of this material.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the establishment of a contract with Jaxon Enterprises (dba Deer Creek Asphalt) by piggybacking on the County of Tulare Contract No 1905 for Hot Mix Asphalt, Contract No 1902 for 3/8” Cold Mix Asphalt, and Contract No 1904 for ½” Cold Mix Asphalt at a total amount not to exceed $400,000 annually.

This contract may be renewed, by mutual consent, for an additional two (2) one (1) year terms.

Attachments:

County of Tulare Contract No 1902
County of Tulare Contract No 1904
County of Tulare Contract No 1905
Visalia City Council Page 2 of 2 Printed on 8/4/2023
powered by Legistar™285
• 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 1514 286
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 1515 287
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 1516 288
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 1517 289
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 1518 290
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
1519 291
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

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1520 292
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

Page 1 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1521 293

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 1522 294
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

Page 2 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1523 295
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. ·

Page 3 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1524 296
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
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1525 297
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.

Page 5 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1526 298
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. - ;·.··. . . . .

Page 6 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1527 299
''· -.- ·.•'
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 - - · · · · - · · · · -

Page 7 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1528 300
' . ,. -::·'
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. . .

Page 8 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1529 301
--· ·-·:.- .... ··.·.·
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$ .. . : . . . -·- - ··- . ' . - . - ;';- .. ,. ·. - .

Page 9 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1530 302
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. '

Page 10 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1531 303
.· . ' .. , ·-.. ~··: ":~ .·· .. :--.-- .
. . '· ·' .. ~!; . ·;, :·~ :-· .~ ' .

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. · · . . . .

Page 11 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1532 304
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.

Page 12 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1533 305
-·· .... ,
' . . . ' ~- - -' .. _ .. -... ,. . ·,. •\
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)

Page 13 ends

\
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1534 306
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.

Page 14 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1535 307
. .: .. '.' .. ·-,,--.

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 ·
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1536 308
. _, ... ·:_·.::·-:-: • -- i < ,.··
. "':. . ~--
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;: · :- - ·· , , -· · ·- · · - ~ · - · ~ · -· · : : · ··-

Page 16 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1537 309
-. > ·.'· --
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

Page 17 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1538 310
' .... -~.

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 · · · · · · . .< .
· . Page 18 of20
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1539 311
·.:.·. .. :· ·. .. . -:. ~
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 · · ·· · · :;':.~.·. ".· .. ·.:-:-.. ~·,,·,·,::'.~.·-/·.,-·~ ... ·· :.-.' ' .... ·.

Page 19 ends

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1540 312
. ' ~':.:. / ' :,. '" ;_ . . '" .. ' . ·, ·--
. 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. . . . . - . -~ . . . ,,'. ,.

Page20 of20
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1541 313
'~ : ":. . .

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, _ .·-:::.:-·.' . . . . -.. ~- : _ _. .

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1542 314
···-.·- "··-
.: -·

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
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1543 315
.··· .... ·' EXHIBITD ·.~: .. : .... ' :~ . : ~ ..
!'.(''
~- • ~~ ...

IMPORT~ NOTICE
-~~~~~~;kl)i;wn as tile ~ ~l'<#a"" ~~~~,~~~(!!
~~~ ::·· . , · · · ..t~_:aqv. ffl.embe~ Qf~'~ard ofSupJ!rvisors ~ .ottter·C.ounP/ dflGial Wl\0 m~ J)artici~fe'\in your · , .· ·,_c pr~di~g.:~iS-prOtiilii&n:~i~·on the_dat:e·vour.applieatton~tS'riteit:<;r the~~d!.~·is- -. -~ .··· ;~~~~ :~·;
··., ,·
,,.·,_: ··. ': . .,.:;,··· ~ ')... . '
.; . rti~ Jn· ),Jr - ·. · · · udn·· the.12~month eriOd: (e'cedr -· :tbeJiltn >of~the.'a · licat10n . ; ·;i;~ ... ·j!l\~~ .,, ~;~ ... ; . ; . •. . p • I! . . ~·; 'f F' ·~·<1 ""'~.,,, ..• , . ;.• - ....
''
. . ~ :
... ;· .. . :!.···
. ·-.' .... ~ ' .
. . ' . ~
" . :: . ' . .,·, . : ~
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1544 316
' :: -
- _:_·-::·.;_. '.
. ·--. . : ~- -: .
·... .
·: .·: .. : •.::

1. 3.
:4,·
. . ···\·.·. ··-., ·, .
~! . :. . .,.·.:'.
· k·Proceett"ing,;imtohfing ~a li~Jl$e, permit; :or other 61titlement. fo:r a;s~" includes -~tl:·~9sini!Ss, . · prQ'fS$s.iooaJ:~rad~ a~ ~:i1~'9se:li~nses and permits, and all Qt:herent,i,tleme~Jor:u$e, i~l~diNt · _ . _ ai( ~rit!1Je~ell1:$ ~for l~pd U~~i '~II contra$ (other- ~han CQJ'I'lpetij;,iy~ly .·bid, labor.•:C)r pe~6~al _ · . · ~mployrnent;~~)1~ra$)1 :all(J aU fntFthises• .
· 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 ..... · ~· ··.,.~---~.' .. · ........ •, .· . ~--:_ .. ' .. · .. :~=· .,_. ( :·.·_·;._.: __ , .. -·
:· . - . ' , ...
. ·,: ... . :; .. _·
. . -. '
, .. ·": .
.. - .
. : -. , ... · ·,,·,
. . ... :-
•}l~~~~~ll.~~~~~~~~l~~~;:;,: ; _· ....
.,._,. ,· ··:·,. , • • J,
·- ....

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1545 317
·-~ ...
'·'
'
:·.-
.. : .... ;:· .~ -.. :~. , ..
~· .
·couNtY OF .TULARE
· .. ~··C,c\MP~.N;qi~a.uno.~ ptstt0$Q·F~M
. ;Appli¢ation.()rSo.l~lta~!~!J:Numb.e~• -------.......... -~--~----~..--.--.,......,~~-----~-:-;+~.........,~ ::4RPI!cation ors9tltft8tionij:j~e:··· .·· . ....;..;.;....,.,.-,..,.,;;..;..;...:__......,.. _______ -.;.,..-------......---,..:-"-'~-··----:--~ · \Wiisa.campai&fr¢ontfi~utionJ reprclleSs of:the:itc>Uar amount; made toany.mem~r ofth~ Tlifare:Cc)~r]tY'B.oprd#f. ~upervisor$ :dr;tq. ~ny· ~o~ntY .offi~r··~~ ·:pr· ~fter Jant:~~rv 1, 2,023, by tJl~·.~ppli¢8ritror, .if ·~eP.I!c~~~~. ~r.t•boH~e ·· · a.····.ppl~fl~ .• ,~,~p;z.· .... ri· ·.Qtors•orthe,'aJ)pli~nt's·agent.orlobbyiSt? · ·· · ···· · ·· ·.· · ' · - · .Yes. ... _ _. _. . ', . No . .
•l,f.~j; plea~;sig.,. ancl.q~t~·~tp~;
•
··If:~, .~- .> •• -~' pt~~.provide·~e±fqllowiogJO,fo®ation: •• • •• • ' • • ··.- ·:-· • • ." :· .: • • •• • • - • - ' • • ' ~ '' :· ..
- .. ··:· ,",·: ',:· .·
. · :i~~~"~i;!~i·;~~. I4iii~~ ·.·· .. .··· ···. ·: · ·· · · ···x .,. " . . ,~-~ -~, : .. _. · .. · .. ,•' ... '
·:: --·.·
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1546 318
·. :· .:.::·. • ..... . ' -, _;, .. ·;~
' ... -. , '~ .. ' ·.· .......... .
· 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 1547 319
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
1548 320
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
1549 321

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
1550 322
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:
1551 323
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.
1552 324
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 1475 32
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 1476 32
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 1477 32
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 1478 32
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 1479 32
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
1480 33
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

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1481 33
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 1482 33

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.

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1483 33
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

Page 2 ends

ICJ, 2.o~"S •
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1484 33
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.

Page 3 ends

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1485 33
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.

Page 4 ends

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1486 33
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.

Page 5 ends

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1487 33
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 . . -.. ··. .

Page.6 of20
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1488 33
,. ~ -. . " . ';,:-:-·- . - ._ .::.:.

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.

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1489 33
'.· ;.·- · ... ·~ ' ·,
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 ' ' . . . ' . . . . .

Page 8 ends

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1490 34
... · .. , ·._·;.·
.. : .

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
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1491 34
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. . .

Page 10 ends

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1492 34
.... , ....
. . . . _. ;..:_,' -··~, .·• ~- . ~: ·.: . ' .. - .. · . -. ' .. ~ . ~-;-
. ~:. ·, ·._ . ··:·._,·
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
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1493 34
' ... '
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.

Page 12 ends

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1494 34
·":. '.
.....
. :.· ...... ,··- ;·.·· ... '-;·.-,·: ..

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)

Page 13 ends

\ .

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1495 34
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.

Page 14 ends

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1496 34
- ... -:. -··
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 ·
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1497 34
-:.·:· ,."·:-. ~;· . -.- : ·~.'
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;:· .. , .. _",:--·- · · - ·- - , . _, -- _.,, · '_ ..
. . . ·.·

Page 16 ends

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1498 34
. ' .. ,- -. ~ . • . - ··:·~ ..

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

Page 17 ends

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1499 34
- ·, __ :
::-:

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$p~alt(Plii~t-~~11-QQid'N.iix . - -·-
· The'-~-pgln~~r palc~late.s the:qu~ntitY of asphalt in HMA or PRCM using the following_ form_ula: - . . . · Qh = HMAn'x[XS/(100 ~)<a)]_ · . , ........... '.·._·:· .. _. -·. ,: ._ . . - ';. '- · .. where:- '. .-·. . . . . . . .
' - ' -
- . : i:.·;:qti_.=:=quantityjn tonspfasphalt used in HMA orPRCM HMATT~ .HMAor·PRCM;total_tonsplaced·
--. Xc;~:;:: theoretical'asptu:ilt content from job mix formula expresseci as percentage of -- -th-e_.weiglitofdr)l'aggfegate - - · - . - . . . . . . - . . . ... '.
-- Page 18 of20
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1500 35
:--, ... ·. . ~-
BID NO. 24-006 - %"-Y." COLD MIX MATERIAL & Yo" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT . Hot Mix Asphalt Containing ~eclaimed A$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). _ - . . · ... - . . . .. .

Page 19 ends

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1501 35
·· .. ,~ _;_ .. ·- .... -··
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. ·. · · · · · · . . ·--- ... "•' .. ; '•: .',".· ' ._. . ... - --. ~

Page 20 ends

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1502 35

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. · : · ' · · · · , · · · · · · · · .. ·' ·, · , . :~ .. ' .. ·.: .. ;~' ,, .
- .. ' '·.'
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1503 35
. : ';'"· .. ·-
~- . ·,
.... ,;

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 1504 35
; ,··
-;-'
. . :~ ,. ' ' . :_ ·' __ . _- .. : .· '- . ::. :..· '. . . <;:.

EXHIBIT D ··.•: ._.·:.
\ ... · .
·.~~~G~·CONtR~=:N°~t~=~RE.INFORMATION;_ . '·:~·-~;·;.:~·· .. -~---~.--..... -: ... ""···':·.<" ..·,c-.;::'•. •. . ,., ·-· .. ,:~ ···.·: .,.._.._,_., . . ' : ~ { .
·_,_··.'-
--· · · -. · 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
~~'«~~~(~.~ ~ the~•Aifl ~~~~~~.--!_h_:_-.·_,:·: . :~ : __ ,·- 1 '·. • -":· ',. • • :~.,:.·.-... -: ....... :..·;. .,_- •; A.
''· .
. ·.
.. 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~- -' . . . . -~. ' : ' ' . . . . ' •' ·. ,'
. ' ' .. . ~
. ' __ , ..

DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B r: . 1505 35
(··
,• .
·. ··'···'
.. ('
. _ .. __ ·· .. : .·
',( ·:·· i·..__·: ......

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 .. ·/·.-·- ·:·· _.:
.. :..
·... ; ·, .- .· ... ,_: . ··::.' ....
,;·.=.
.·. •'
' ; . . .
· .. _. •,.·····
··.J!~~£~~~1~~¥-~~~~~i~~~·:i'::> /., . - . '. :; :" _: ~ . . ·~ ,·. '·.
: ·.·: .
. -, ·.
. · ....
. .. ,_.·
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1506 35
' .. :
:'" ..
:;:: . ....... _
·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 . .
· ll:r:loi: ~ ' • • -plea~;sjgn,.~nd c • • • "•, 4~t~;~lPW• • • • ~ ' '
. ·
-
.. • w:ves,
·- ~ ' .... , -.:-
ple~se.provide·thejfollowi~irjfortnation: -. ; - . • ..... ; '-- ·:·· - :""' :· . ·' ; . . • ! .. - ' . . . >A~pfi~nt:s:Name: ·;..·· ..;.....,.....-.;.~;;;:;_....;.,..,...;..;....,.,......-...,...._....;.,.. __________ ...,.....,:.,...;..;_....;.,......__..;.;._...,...~------......._ ,.· ·-~:~~::~=~!~!:~::~!t:~:?::~!.,..':.~· .--.;... ...;....__,;,....,...__.. __ ....;.,..__;_ _ __,......_-..:-.--...;....-~....;.,..~~~ '-;• ·-. .• ·:.-:. ---~ .. ·.. '':' ~ . .., --- . ., :-. .:-- ~ .. .• ·.::. ··:-1 ., ·. ,. ' . ::.,·.; '-~-- _,_, .. . "~~;!~~~~.~tiP~Pt1ch~:.~~~~¢4p~;~~~)
.J·.•··•IE!i~apnq~ro~~ Yes
Yes
Yes §. No· No .. §.·• .·
·'No
.... ,_ -·-··· -. '.
• ! ... ,
< ·. ~~~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} -~.: . :_
. : :·: .• : - -- ·. -· ::- ~ .• ·- =_.;-~,:,-/"• .:·· .. r:·- +-: ' --. ' -.. ; ; ~ --~ . :;, .·· :_;- : '. ' _. _ _.. -~
;• .... r:· •' . -: '~' . ,''
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1507 35
·-: .. ~ :. / ~' -~ ~·-.. .

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. : •· ·.· .. ··. ·. ' .. , -·, . . ..- .- . ·.·.·. .- . ·,· ,·· . . .. . - . . . ·.: ·'
. -. : ~·-'
. ·.' .. ·
DocuSign Envelope ID: 62CB4D82-B3C9-4D91-B1E5-B2B8A81ACD3B 1508 35
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:

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
1509 35
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
1510 36

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
1511 36
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:
1512 36
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..

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.
1513 36
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 1436 364

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 1437 365

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 1438 366

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 1439 367

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 1440 368

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
1441 369

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

Page 1 ends

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 1442 370

CONTRACT NO.: 1905

SUPPLIER
PART
NUMBER
EXTENDED DESCRIPTION UNIT OF MEASURE LIST PRICE
001 1/2" HOT ASPHALT CONCRETE – NORTH/SOUTH COUNTY TON $60.00

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 Hot Asphalt Concrete 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" HOT ASPHALT CONCRETE: $ 60.00 PER TON

Asphalt Concrete shall be Type B, ½” 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 CalTrans or as requested by County representative. Oil shall be: Asphalt Binder Oil PG 64-10.
6,000 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 asphalt binder to be mixed with the aggregate for Type B asphalt concrete will 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: 830534C7-5734-4EC4-B698-F48C3B0F2073 1443 371

REQUEST FOR BID

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

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.

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 1444 372
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

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

Page 2 ends

ICJ, 2.o~"S •
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 1445 373
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.

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.

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

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

Page 3 ends

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 1446 374
BID NO. 24-006- %"-W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT