DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1527 299
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BID NO. 24-006 - %" -Yz" COLD MIX MATERIAL & 112" HOT MIX ASPHALT CONCRETE - MATERIAL CONTRACT B. INDEMNIFICATION: Bidder shall hold harmless, defend and indemnify the COUNTY, its agents, officers and employe~s from and against any liability, claims, actions, costs, damages or losses of any kinds, including death or injury to any person and/or damage to any property, including County property arising out of the acts or omissions of Contractor or its agents, officers and employees under this Agreement. This indemnification specifically includes any claims that may be made against County by any taxing authority asserting that an employer-employee relationship exists by reason of this Contract, ttie cost of any penalty or sanction imposed by any agency with regulatory authority over the activities carried out by Contractor, and any claims made against County alleging civil rights violations by Contractor under Government Code sections 12920 et Seq. (California Fair Employment and Housing Act). Contractor specifically agrees to hold harmless and indemnify County for any and all claims arising out of any injury, disability, or death of Contractors' employees or agents. This indemnification obligation shall continue beyond the term of this Contract as to any acts or omissions occurring under this Contract for any extension of this Contract.
C. The foregoing obligations wi_ll continue beyond the term of the contract or purchase order resulting from this bid as to any act or omission that occurred during its term or any extension thereof. _ 19. _ -DEFAULT BY SUCCESSFUL BIDDER
A. In cas~ of default by_ succesSful bidder by non-delivery of article(s) and or service(s) on or before - the delivery date. The County may procure the article(s) and or service(s) from another $puree and may' recover costs from successful bidder. The successful bidder may be charged, cost of transportation, the difference in cost of article(s) and or service(s) based on Contract information.
The ·county reser\!es the right to be compensated deducting monies owed tb succ::e~sful bidder - from the Contract infor:mation and qr invoicing the successful bidder upon notification of the default.: - - - · - -
B. _ lnsp~ctionon deliveries which do not meet specifications, wi,ll be at the expense of su'cc::essful - ~~- - '- -- -
20. PRICES
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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 - - · · · · - · · · · -
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1528 300
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BID NO. 24-006 - %" -%" COLD MIX MATERIAL & %" HOT MIX ASPHALT CONCRETE - MATERIAL CONTRACT
23. TERMINATION OF PURCHASE ORDERS OF AGREEMENTS
A. Purchase orders or contracts which extend into a subsequent fiscal year will automatically cancel if the Tulare County Board of Supervisors does not appropriate funds for the goods and/or services under the purchase order or contract.
B. The County of Tulare may by giving ten (1 0) days written notice to the successful bidder, terminate the contract or purchase order resulting from this bid prior to its expiration for due cause. Due cause for termination shall be, but not limited to, failure to deliver in quantities required within a reasonable time period, failure of the product to meet specifications, and/or for reasons of unsatisfactory service.
C. The County may, upon giving thirty (30) days prior written notice to the vendor, terminate the contract or purchase order, with or without cause.
24. MERCHANDISE RETURNABLE FOR FULL CREDIT
Successful bidder agrees to give full credit to the County for any merchandise returned in good condition.
25. .INVOICING
· All invoi~s areto be mailed in duplicate to the various locations designated on the "Invoice Address" on each purchase order or contract. Reference shall be made to the purchase order or contract number.
Invoice shall be paid once a month on all deliveries made during the month in accordance with the County's normal payment cycle. ·
26. . VENDORA$SISTANCE
.Successful bidd~r shall ~rnish, at nocostJo the County, a representative .to gssist County departments in determ{nin~f their prqdupt requirem.erits. . · · · · 27; 'RENEWAL
The contract or p~i"chase orqer resulting from this bid may be renewed, by mutlJal consent, for an . 'additional tbree' (3)01le (1 )'year terms p'rovided the prices, terms,. and conditions remain the same. - ' . . .. . . - . · 28 ... NON_;FlJNPING CLAUSE··
Funds provided .for commodities or services under the terms of this bid are. contingent on availability of public funds. Should suffiCient fun.ds not be allocated during those terms, amoullts duemay be . mpdified .qrt~rminated at etriy· time by the County upon thirty (30) day notice. Notice shall be fully given in. writing or through service iri person or by first class mail. . . 29 .. PARTICIPATION . . .
. .
The County is. currently.~ member of the Central Valley Purchasing Group which consist~ of Fresno, Kern, Kings, and Tulare Counties,· and the Political Subdivision,.Municipalitie~.and Tax Supported AgenCies within these CountY boundaries: Whenever possible; these entities wish to cg-op {piggy-back) ·on existing bids or propo$als. Please state if your bid or proposal will, or will not be extended to these ~ntities uhderthe same terrns .and conditions as stated fn thisbid or propo~al. . .
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1529 301
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BID NO. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT
30. RESPONSIBILITY FOR GOVERNMENT ENTITIES OTHER THAN COUNTY .. Those governmental entities other than the County who are listed (or who have sub sequentially been included) have signified their intention to participate in the Tulare County agreement or purchase order resulting from this bid. Participation will not impose any responsibility for payment of claims or any. responsibility whatsoever on the Tulare County Board of Supervisors or the County Purchasing Agent.
Each such governmental entity will be billed separately, and payments will be made by warrants drawn . on the appropriate funds for the governmental entity.
31. LOCAL PREFERENCE (Section 1-03-1301 of the Tulare County Ordinance Code):
A. Whenever the County purchases supplies, materials, equipment or services for the County through · the use of competitive bids, the County in evaluating the price for such supplies, materials and/or equipment shall determine if the lowest responsible bidder is a local vendor as defined in this section; and, if so, the contract shall be awarded to such vendor. If low bidder is not a local vendor, any local vendor who submitted a bid which was within five percent (5%) of the low bid announced by the County shall have the option of submitting a new bid within forty-eight (48) hours (not including weekends and holidays) of the time indicated in the bid documents for the opening bid.
Such new bid must be in an amount less than or equal to the low bid announced by the County.
County shal.l award the contract to the local vendor submitting the lowest responsible bid within. said . 4~ ,hours period .. If ho new bids received within said 48 hour period, the contract shall be awarded · to ttie original low bidder as announced by the County. · · · B. ''Local vendor" shall mean any business which:
c.
D.
(1)
(2) •
(3)
has had a fixe9 office or distribution point located in and having a street address within the County of Tulare for at leas~ six (6) rnonths immediately prior to the issuance ·Of the reques!for bids by the Cciurity; and . . . . .. . . . . holds any required business license by the County or any city witbin the County; and, ~ ' . . . - . empioy$.at least -~11e (1 ).full~~irne or two (2) part-time employees whose prirnary r~sidence i§ lpc::a~edwi,t~in th~ C.oun~y. or if the business ha~ rio employees, shall be' atleastflfty . j)ercenJ (50%rowned pyon"e or more persons whose primary residence islocated.within ~~~~· ,' ., ' ' ' . ' .
Any vendor claiming to be. a local vendor as defined above shall so c~rtify to the Purchasing Agent by indiqating ;y~s ~r no'' ~(31ciw and .signature .011 bid document. Th~ Cou11ty PU.~¢~~:u~ing .
Agent shall have sqle p(scretibn tcr determine if a vendor meets the definition of a "local vendor'' .. · •• -·-. •'.: .' '· • • <. . • •. - 1 '. ··- .,, - • - • • Any person ·or business f~ls~ly claiming to b.e a local vendor shall be ineligible to transact any . . Qusines$ with: tne ·cour~tY for a period. of ·not less than three (3) months or riot more than twenty- . . four (24.) rf:tcinths ~~ dete'rrJ:1in~d in thEi sole di~cretion of the Purchasing Agent. Th~ County s~all also have the. right to terminate E)ll or any part of any contract entered into with such' person or -. ~usiness.' ··-.- -' ·· · · · · · ·· · · · · - · · · · · - - · · E. Prior to the County de~lating ~ny person or business not a "local Ve!1dO( or ineligible to transact · . business:withthe Co~nty,,such perso.n or business st:uill be entitled to a,puJ:>Iic heatihg pefore. the F.
Board of SIJpeivisor!(~ndJo a_ fiv~ (5)'day notice of tfietime'and placedtlereof .. ,, ' ... ·.. . . . . - . . . . - . ·. . . ·'· / ._. . .. - ... . . . . . ' . . -- ·' ' .
This prE!fere'nce shall not apply to transacti~ns required by state or federal statutes or regulations to be aw13,rded tq tfi~ JII()West respC)f:!Sible bidder'', or otherwise exemp~~d fr'drn loc~l preferenCel$ .. . : . . . -·- - ··- . ' . - . - ;';- .. ,. ·. - .
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.
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 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. '
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1531 303
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BID NO. 24-006 - %" -W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE -MATERIAL CONTRACT
37. OTHER PROVISIONS
A. PRICES shall be firm for the contract period ending JUNE 30, 2024, unless otherwise stated by the bidder hereon:
B. MINIMUM ORDER quantities and charges for less than minimum order quantity shall be assumed as "NONE" unless otherwise stated by the bidder hereon:
C. STATE PURCHASE ORDER mailing address, e-mail, and telephone number for ordering purposes:
Javsoo Eokc~kGS" 1 Po~ 99~Z.'-\~ 1 R~d;,),C.~ 9'o'j£f-Y2..YS 9~~o.K'6n "t'jj(~ol:\.-h~:S.Coh) 1 {J~J- 372-22.2.8
.D~ STATE REMITTANCE mailing address and telephone number for payment purposes:
Ja..,;on £nk/pri5CS fo 6vr qqc.jz<.J8J ~ec/J,~, ,CA 'IIPoCfCf- 4Z4& . . ) r . r 1 E. DEFAULT BY SUCCESSFUL BIDDER: In case of default by successful bidder by non-delivery . ofariicl.e(s) ·and or service(s)"oil or before the delivery date. The County may procure.the articie(s) and or se!Vice(s) froin another source and may recover costs from successful bidder.
The successful bicf.der may be charged; cost of transportation, the difference in cost ofarticle(s) and orservice(s) based on Conh:·act inforritation. The County reserves the right to be . compensated deducting monies owed to successful bJdder from the contract information and or invoiGing the successful l:)idder upori notification of the default. · E. COMPENSATION ADJUSTMENTS for price index fluctuations for liquid asphalt, as set forth in the attacn~d Exhibit B; apply. · · . . . .
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.
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://leqinfo.leqislature.ca.gov/faces/codes displaySection.xhtml?lawCode=GOV§ionNum=8 4308 .
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.
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1533 305
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BID NO. 24-006 - %" -Y." COLD MIX MATERIAL & Yo" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT · SPECIAL CONDITIONS:
SPECIFICATIONS
· Plant Run Cold Mix - %" and Y2" mix as per CaiTrans Specs. Section #39 or as requested by County · · representative. SC-800 or SC-3000 grade oil as per CaiTrans Spec. #93 in conformance with the · latest editions and amendments of the Standard Specifications of the State of Californa, Department of Transportation, Division of CaiTrans for such Plant Run Cold Mix or as requested by County . representative.
DELIVERIES: D~.liveries are to be made at the vendor's plant and/or storage location as required. • Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date.
GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Cold Mix ·Material is important and necessary to the County for the economic completion of its road work projects.
PRICES: Prices shall be F.O.B. Plant Location and shall exclude Federal Excise Taxes, for which the Cq~nty Is exempt. California State Sales TaX wiU be allowed on the net bid price. The price per ton . ·shall include all fees for the duration of the contract. Example, environmental fees, etc:
.·NOTE: for the purpose of this Request for Bid, TON is determined to be 2,000 pounds ayoirdupois.
Bll:ll.RRICE:
. <~ : ·. %;, PLANTRUN·COLD;MIXWITH OIL .: ... -.· . ·, . ~· ._ ... : ·. ;· ·,.
· · · 4;ooo:rons tot.~l ,estima~ed. quantiW through June3o, 2024. • . • •..••• ··--·- •• ,. <" ••• ••• .. '·_· •. .. • • r \ ~
PER TQN,(inch.o~des alrf~es)
·'Y2"PlANTRUt\tCOU) MIXWITH ·otL .. _ . ., ·.··.
'14;000•Tons:totalestimat~d quantity through June 30, 2024 . . . ··:. · .... ··.· . ' ... .. ·· .
PER.TON (inGiudes ~II fees) ·
PER TON (iriCii;!des all·fees)
\
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.
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1535 307
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BID NO. 24-006- %"-Yo" COLD MIX MATERIAL & Yo" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT
EXHIBIT A
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MA TIERS-PRIMARY COVERED TRANSACTIONS
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this bid, the prospective primary participant is providing the certification set out below. · ·
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation Will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. · -
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 Vffitlen -notice to the -department or' agency to-wnich_ this bid is submi~ed if at any time the prospective primary -· p~rticipant learns that its certification was erroneous when submitted or has become erron·eous by · reason of changed ~ircumstances. .
_ 5. _The. term~ -coveret:i ~ransactton, debarred, suspended, ineligible; lower tier_covered tr~nsaction, : participant, - perscki, - prim,a!)f covere,d -transaction; -'principal; : bid,_._ and --voluntarily -ex.plyd~d, as Use~_ in this ;91~u~-~· haY~ t_t'll? meanings set out il1 the Definitions and.- g)verage se,cti()ris ·of th(frLiles implemefiting Executive Order 12549. You may contact the department pr -· . . agency to which this bid is being submitted for assistance in obtaining a copy of those regulation~.
6. _ The · prospective primary participant agrees by submitting this bid that, should the _- proposed covered transaction_ be entered into, it shall not knowingly enter into any. !ower tier coyered transactjonvvith ~person who is proposed for debarment under.48 CFR part 9, _subpart . 9.4; _ debarred, ·suspended; . d~clared ineligible, or voluntarily excluded from participatiorr in this -_ covered transaction, unless authorized by the department or agency entering into this transaction. -
7. The prospective primary pa,ri:ic;ipant further agrees by submitting this_ bid thal it wi\1 include -the _clause titled. "Certifif:ation ~Regardi~'g Debarment, Suspe'n_siqn, Ineligibility anq _ \ioilintary E.xCiusion-LoWertier-Coye_re·~ Jfans~¢tion';, provided by the depattnienfot ager\CY en!e.rlng int()_ this covered transaction; _without modification, in all lower tier covered transactions and in all solicitations to'r lowedier covered transa-ctions. . . ' . . • • • • ' - ~· / "• • r~ • • .• " ' · __ Page 1Sof20 ·
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BID NO. 24-006 - %" -'!." COLD MIX MATERIAL & '!." HOT MIX ASPHALT CONCRETE - MATERIAL CONTRACT
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier oovered transaction that it is not proposed for debarment under .48- CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the cov~red -· transaction, unless it knows that the certification is erroneous. A participant may d~cide the _ method and frequency by which it determines the eligibility of its 'principals. Each participant may, . but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocureme'nt Programs.
9. Nothing contained in the . foregoing shall be construed to require establishment ()f a system of records in order to render iri good faith the certification required by this clause. The . knowledge and information of a participant is not required to exceed that which is normally · ~ pqssessed by a prudent person in the ordinary course of business dealings. - · · 1 o: Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction· knowingly enters into a lower tier covered transaction with ·a persq~ who is proposed for debarment Linder 48 CFR part 9, subpart 9.4, suspended, 'de:barre:Ci, · .: ineligible, or voluntarily exCiuqed . from. participation in this transaction, · in addition_· to other . remedies available to the -Federal Government, the department or agency may terminate this transaction for cause or default .
CERTIFICATION
I
--. ( 1} The prospective primary participant certifies to the .best of its knowledge and-b¢1ief; t~at : it'aod:its principa.ls: · • · ··- · · · -.-.... '. . ; ---- ..... · . . . - -~
. _· . (a), ' . Are· not ·pre~~ntly .deba.rr;ed, suspended, propos$d for qebarrt1ent dec;lar~d ---. _ in~HgibJe; or vglurit~Niy:ex91Lideii by any Federal department or a9e:~cy; · ·- · .- · · < . - . . . . - .- . . . -·· ~- . . - -. . ' . . . . ' . . . . - . . (b) -__ Have _not wit_hil1, a thr:~~ Y~.a.t peri()d pr;e:ceding this biQ ~~-~_n cprivicte~tof or - - . had a'~civiljudgo'l~ntrenq~r~d:~gainst t~em for comniis~ion offraud:or::a crihj_i~~~ ·. ·- .: . qffel1~~ iri colji.i:if:l'¢ti()h- with_: ()~t~iri,iog,_ a~~mpting to obtain, 'or p~tforning a\p.U,blfc • _· ·. · · (f~det~!• ·Stat~;-()r!o¢~\}_tran,~:aG~i_on_or,c()F!tract und~r a p~b_lic tr~n~aqticm;viol~tipQ- .· of Fed¢ral o(State antitrlist st~tues or commissior:i oJ embezilement ttl eft, forg~tjy; ·•·- .- qR,t;>,ery,:f~_l$i~c;~!ipo_ pr :9E$trud!o8; of records, maki!lg: ~aJse stat~mentsi ·0~ :r~¢~hii_ng. ~tol~n J:>rop~r1Y;: · :- - ·· , , -· · ·- · · - ~ · - · ~ · -· · : : · ··-
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BID NO. 24-006 - %"-W' COLD MIX MATERIAL & W' HOT MIX ASPHALT CONCRETE -MATERIAL CONTRACT (c) Are not presently indicated for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph ( 1 )(b) of this certification; and (d) Have not within a three-year period preceding this application/bid had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid. 1A~~~ te.p
rinted Name Name of Agency or Company
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1538 310
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BID NO. 24-006- %"-Y." COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT
EXHIBIT B
5-1. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS - . . . ·.GENERAL
Summary
. This section applies to asphalt contained in materials for pavement structural sections and pavement surface tre~tmerits such as hot mix asphalt(HMA), plant run cold mix(PRCM), tack coat, asphaltic · erriulsions; bituminous seals, asphalt binders, and modified asphalt binders.placed in the work . . The Engineer adjusts payment if the California Statewide Crude Oil Price Index for the nionth the material is placed is more than 5 percent higher or lower than the price index at the time·of contract.. · The California Statewide Crude Oil Price .Index is determined each month on or about the last . business day of the month by the Department using the average of the posted prices in effectfor the previous month as posted by Chevron, ExxonMobil, and CoriocoPhillips for the Buena Vista, · · Hu~tington Beach; and Midway· Sunset fields. · ·
lfa comp~ny discontinues posting its prices for a field, Cal trans determines the index from the · · • ieJ"Daining ·posted prices. Caltrans may include additional fields to determine the index. ..
For the California Statewide Crude Oil Price Index, go to:
http:liVoJINW;dot.ca.gov/hq/construc/crudeoilindex/
· If the, adjustment is a decrease. in payment, the County deducts the amount from the monthly· .. prpgre~s payi:nent. · · · · . . • ··,·-.' ! . ' '
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. ·. ··. 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
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BID NO. 24-006- %"-Y." COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT . Hot Mix Asphalt Containing Reclaimed Asphalt Pavement (RAP) . The Engineer calculates the quantity of asphalt in HMA containing RAP using the . following formulas:
Qrap = HMATT x [Xaa I (100 + Xaa)]
where:
.. Xaa=Xta-[(100-Xnew) x (Xra/100)]
and
Qrap = quantity in tons of asphalt used in HMA containing RAP HMATT = HMA total-tons placed
· Xaa = asphalt content of HMA adjusted to account for the asphalt content in RAP expressed as percentage of the weight of dry aggregate Xta =total asphalt content of HMA expressed as percentage of the weight of dry aggregate
Xnew= theoretical per~entage of new aggregate in the HMA containing RAP determined from RAP percentage in the job mix formula
Xra = asphalt content of RAP expressed as percentage
... · Asphaltic Emulsion .
. The_ Engineer calculates the quantity of asphalt in asphaltic emulsions, including fog ·.... s~aJs and-ta.ck coat, ~sing th~ foil_owing forrriula:
.Qe =AETT x (Xe:f.100)
where: ·- _ .. ,
Qe = quantity in tons of asphalt used in asphaltic emulsions AETT = undiluted (isphaltic emulsions ·total tons placed_ . . . ·. Xe = rtJiriimurri ·percent residue :specified in Section 94, "Asphaltic Emulsions." ofthe · ·. Stand~rctSp~cificc:ltionsb~sed on the type of eml.Jisio11 used · · ·· · · :;':.~.·. ".· .. ·.:-:-.. ~·,,·,·,::'.~.·-/·.,-·~ ... ·· :.-.' ' .... ·.
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1540 312
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. BID NO. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT
PAYMENT ADJUSTMENTS
The Engineer includes payment adjustments for price index fluctuations in progress pay estimates. If material containing asphalt is placed within 2 months during 1 estimate period, the Engineer calculates 2 separate adjustments. Each adjustment is calculated using the . price index for the month in which the quantity of material containing asphalt subject to adjustment is placed in the work. The sum of the 2 adjustments is used for increasing or deqreasing payment in the progress pay estimate.
The Engineer calculates each payment adjustment as follows:
PA= QtxA
wh.ere:
PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month .
. _. Qt = Sum of all quantities of asphalt:-contained materials in pavement structural . . ·sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + :oe + Qss + Qmab + Qo). ·
A =Adjustment in dollars per ton of asphalt used to produce materials placed in the work rour1ded to the nearest $0.01.
· . For US Customar-Y projects, use:
· A= [(ILi./lb) - 1 _.05] x lb x [1 + {T /1 00)] for an increase in the crude oil price index exceeding 5 percent · ·
·A = [(lu /lb) .;. 0.95] x ib x [1 + (T I 1 00)] for a decrease in the crude oil price index · . . ·exceeding 5 percent
Fpr metric projects, use:
.. A= 1.1023 x[(lu /lb)- 1.05] x lb x [1 + (T /100)] for an increase in the cruqe .. : .. · oil price in~e:x'exceedlng 5 percent
· A=· ft023 x [(lu )lb )~ 0.95f.J( lb x [1 + (T /1 00)] for a decrease in the crude oil .· pr:ice'inde>(exc:eeding5 ·percent . . .·. .. "'· .. ·. - .
Ju = Califori)i~ ~t~~ewide Crude,O.ii Price_lr;~dex for the month in which the quantity of · :·.: ~~·P.J1~1($4_bj~cfto_ $<iJJustn1ent was.ptaced in the work. . · · · lp #: Califofnia·statewide Cr!Jde Oil Price Index for the month in which the bid opening for the project occurred '. . . '
T :::= .Si:He$ Sind_·u~e tax:rate,,expressed as a p-ercent, currently in effect in the tax jurisdictic:m . . • where the' mate'rii:ifis placed. lfthe tax' rate information is not submitted timely, 'the ... ·. . . . • ··stab;~\Vid~ s~l~s aQ91J~e:t~~r*~ is used. in the payment adjustment~lcu_ta~ions until t~e- . :tax rate_i~fofrry~tio~J~ sub~itte,d. . . . . - . -~ . . . ,,'. ,.
Page20 of20
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1541 313
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EXHIBIT C
NON-PROFESSIONAL SERVICES
INSURANCE REQUIREMENTS
CONTRACTOR shall provide and maintain insurance for the duration of this Agreement against claims fr;>r · inJuries to persons and damage to property which may arise from, or in connection with, performance under the Agreement by the CONTRACTOR, his agents, representatives, employees and subcontractors, if applicable.
A. Minimum Scope & Limits of Insurance
1. Commercial General Liability coverage of $1,000,000 on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury (occurrence Form CG 00 01). If a general aggregate applies, either the general aggregate limit shall apply separately to this project/lbcation (ISO CG 25 03 or 25 04) or the general aggregatE! limit must be no lessthar\ $2,000,000.
2 .. Insurance Services Office. Form Number CA 00 01 covering Automobile Liability, (any auto) .of no less than $1,000,000 per accident for bodily injury and property damage. If an annual aggregate .. · _·applies it must be no less than $2,000,000. · · ·
3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, <!rid Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodiiy i~jury ~r . disease. .. .
B.. · Specific Provisions of the Certificate
1. If any ofthe required insurance is written on a claims made form, the retroactive date mustbe:before - the date of the contract or the beginning of the contract work and must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract work. . .
2. . CONTRACTOR must submit endorsements to the General Liability reflecting the following· provisjons: ·.- ·- · · · · ·· · · · · a.. -The COUNTY OF TULARE, it~ officers, agents, officials, employees qnd v.olunteers are ~o be.· .... covered (is izdditionai insured.s as respects: liabmty arising out. of :work. br. bperatiohs peiformed by·;r.:on beh~ifof the Cont;actor including mate;ials, pdrts,· or equlpiii~n( . · · ·' ju_rnish~d fn\:bf1n~r;t:ioh With.sufh work or operation. . . . . . .. - ... - -~ . . . . .. ' . .. . . .. ' . q ... For cinyc/airns re}ated. to this project, the CONTRACTOR's insurance coverage shall be #hmil,Y irilurahce cis ;esp~cts the COUNTY, its. officers, agenis; officials~. empJoye~s and . volunfeers.Anyirlsutanc~orself-insurant;e maintained by the courllfy, its officers, ag~hts, .. ·- . oft/iiais, 'erri~l y¢esor volu~~e~rs shqllbe excess of the coNT_RACTbR's lns~ranc~ Cinlishali · noi"contrlbute:witldt. ·~ - . . . , . . . . . . . ·' ";_ ,-. . ·-- . ., '·' " ~-- . . . . .
c. ~dch insurance polic~reqtiired by this agreement shall pr_ovide that coverage shall . · not be caricelei:l, ·exc~pt with written ilotice to the couNTY. · ·. · · · · .. ··-- ,· .. -.·/_:·-·· .-- .... ...-_:· .. •. ·-. :--.. . . d; . tONTR/J.Ct~R hereby grantsto COUNTY a waiver of any right to s~br;~(jatiorr whiih any · in~Ureroftfie'cor{rkAcfoR.mcw a~qulre against the COUNTY b}i~idu~.of the payrne(lt (Jj 'anyiass:~~de;sJ'ch;n~w~'nce;· toNrifJ.CioR agrees to obtain any imi:!J.rsement thatinqy · .. be ·neCii$sary i:d(iftect; this waiver o{subfogatio~, but this provi$ion_applies regardle:sS:ot . whether of. not the COUNTY has -received a waiver of s~brogatlon endorsement from ihe '· ' ' . . - . - '·. . ~-- . . . - - ' . . ' ·.- . . . -- ... ',.. ' iri~llr;_r, _ .·-:::.:-·.' . . . . -.. ~- : _ _. .
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1542 314
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3. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the COUNlY for all work performed by the CONTRACTOR, its employees, agents· and subcontractors.
CONTRAc;TOR waives all rights against the COUNlY and its officers, agents, officials, employees and volunteers for recovery of damages to the extent these damages are covered by. the . workers compensation and el\lployersliability.
C. Deductibles and Self-Insured Retentions
Deductibles and Self-insured retentions must be declared and any deductible_ or self-insured retention that exceeds $100,000 will be reviewed by the COUNlY Risk Manager for approval. . . - .
D. Acceptability of Insurance
E.
Insurance must be placed with insurers with a current rating given by A.M. Best and Company of no less than A-:VII and a Standard & Poor's rating (if rated) of at least BBB and from a company approved by the Department of Insurance to conduct business in California. Any waiver of these standards is subject to approval by the County Risk Manager.
Verification of coverage
Prior to approval of this Agreement by the COUNlY, the CONTRACTOR shall file with the submitting. · department, certificates of insurance with original endorsements effecting coverage in a form. acceptable t~ the COUNlY .. Endorsements must be signed by persons authorized to bind coverage on behalf ofthe il'!sure~. The COUNlY reserves the right to require certified copies of all required insurance polides ~t any .· time.
WAIVERS:
I represent and att~st that I am a person authorized to make representations on behalf of the CONTRACTOR,:
. a·ndrepresentthe following: . . - · · .
(Mark X if applicable)
Automobile Exemption: _I certify that does not own nor use yehides in the,· - perf~rm.~nce of the agreen1ent for which this insurance requirementjsa~ached: · ; . . ·.Workers' Compensation Exemption: I certify that is not required to carry work~rs' com·p~nsation coverage or has filed an exemption with the State ()fCaliforniaa~ required -~~- . . .. . . ·. lacknowledge and represent that we have met the insurance requirements listed above . . PrintN~me YA:t\'{ QJ\ ~J Date: . CJt/ \ ~ J Z3 .
. - . . . \ c., ~~~r . r .-ll ,.._ .T'- _, Cr ~-. t_ '"s_~~-l ~-. . •C.ont~act~>~ 2:f'~ JK-> C{O- ~ ~ r S~n~ur~~ . . . . ' .. ·.. ' . -~ .- : . '·. ·.: ·.' . .
Rev. 12-18
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1543 315
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· k·Proceett"ing,;imtohfing ~a li~Jl$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$ors m~m~I'S '"d ~ther eountv officialS is~~bect · .·':',,,·····::"-:'"':·'· .-'"· ~-._.-.:.<;;-. .''····:·"''::"'l ..... · ~· ··.,.~---~.' .. · ........ •, .· . ~--:_ .. ' .. · .. :~=· .,_. ( :·.·_·;._.: __ , .. -·
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DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1545 317
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. ;Appli¢ation.()rSo.l~lta~!~!J:Numb.e~• -------.......... -~--~----~..--.--.,......,~~-----~-:-;+~.........,~ ::4RPI!cation ors9tltft8tionij:j~e:··· .·· . ....;..;.;....,.,.-,..,.,;;..;..;...:__......,.. _______ -.;.,..-------......---,..:-"-'~-··----:--~ · \Wiisa.campai&fr¢ontfi~utionJ reprclleSs of:the:itc>Uar amount; made toany.mem~r ofth~ Tlifare:Cc)~r]tY'B.oprd#f. ~upervisor$ :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 . .
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DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 1546 318
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· ATTENTION ALL COUNTY OF TULARE
CONTRACTORS AND GRANTEES
Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia's Actions in Ukraine · · · ·
.on March 4, 2022, Governor Gavin Newsom. issued Executive Order N-6-22 {EO) regarding ... ' ·: . . .... ' ,. ... . ' . . . ' . . ·.· sanctions in response . to Russian · aggression in Ukraine. The EO is located at • https:/fwww.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive- · ·· · · .brder:pdf . · · · c • • • . . .
The EO directs all agencies and departments that are subject to the Governor's authprity to take · ·· cert~iri imrn~di~te_.ste~s;·induding notifYing.,allco~traCtors and grariteescitheir ol:>hga~ions to ·-• .· . . . . cqrr#>lywith.~X-i$ting~coriomi-~san~tions_imposed b.ythe U.S. government inr~'spon_~etp.R~ssia;s . . · < actions-in Likr~ine, a~ ~ell as arw sanctions imposed under state law. . ... - .. , ... . .,, ·. .· ·.-. ·:.. .. .· ' .. · ., ·.. ' : ·_ ·. This~corr~spppde.hc~- sef:\l~spS~CI n6tic;e ljndet the EO that as a ,cont~actor or gr?Jritee~ ~ompUance · ·. with''th~ ~i:b~brnic- ~~ncti~hs. inipdsed in' response to RGssia1sactlon5 in dr<raine'kr~quired, · .• -.· :< iiicluarnbAiith _respE!tt-io~ t>ut'n~tiirni1:ed to, the' federal executive C>rder~ id~~tifi~d in:tH~:~ban·d ·_. : the --·sanction~ . identified. on. the U.S. Department of tne Treasury· web~ite · · (https:dh.orrie.treasurl;gov/policy-issues/financial-sanctions/sanctions-programs-arid-cou~try-· · inf6im~tid,~/Okrairi'~~~u~sia~r~lated~~ahctions). Failure to comply may result in th~ terr:rii~~tlpn 'of > • ~o~tr~t~{~~:~r~~~~~ ~i:~ppli~a.b-1~.: ·' : ; - · . · ·
-. - As:a::remin-ctei-,:~gr~ernentswith the County of Tulare include portions which require·co.rtlpliance ._ with. au·· local:; st~ite, ~nd -federal laws and directives which includes Executive Orde~s.s~ch ~s the · . :Eo·_~i$j:~~~~d _h~r~: Th,¥~~.o::'~avn~t a~pply to ~r- ¢ffect your agreement ·w."iththe Cdli[lty/PI~~se _- ~¢.Eich:ouft9 ourdepaf!:merit.in orperto' seek clarification should you have any questipns ... _:P!~as~ ~ot.e._;thatfor any agreeme_Qt~ or g~arits valued. at·$s million: or .more,--~· ~epa_ra~e · · _- nbtif_icatiotfv\tiiJbe-~eh~ 9u.tlining.~dditi6_nal r~qplrements specified ~:Jnd¢rth,e EO. • · · . . " .' .· . -~ ; .. ... . ··.- ~ . ,,, . . . '· .
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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
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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.
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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
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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.
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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
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
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
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 refen-ed 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:
Arts Consortium Name of Applicant: ____________________ Telephone: 559 -772-0001 Address of Applicant:
PO Box 269 6 - Visalia CA, 93279
E-Mai'l Address·. [email protected]
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ARTIST:
Michael Vazquez 559 779 2755 Name of Mural Artist: ___________________ Telephone: ___ -__ ______ _ -
Address of Applicant: ------------------- 6312 N Callisch Fresno CA 93710 E-Mail Address: [email protected] PROPERTY OWNER:
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DocuSign Envelope ID: 818D6D2C-99B8-40AB-B5D3-9E42A30C7782 1556 248
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
A Nonprofit Housing and Community Development Organization April 17th, 2023
Leslie Caviglia
City Manager, City of Visalia
220 N. Santa Fe St.
Visalia, CA 93292
RE: Request Letter- Rancho Colegio project
Dear Mrs. Caviglia
Self-Help Enterprises (SHE) is developing an affordable 80-unit multifamily housing development on the Southeast corner of Esquivel Ave. and North Court St. in Visalia known as “Rancho Colegio". The site will consist of eighty (80) rental units, of which one unit will be reserved for an on-site manager. This project will include 20 units of farmworker housing. In February of 2023 SHE was awarded $13,768,709 of HCD funding under the Multifamily Super NOFA (see Award Commitment).
In preparation for a 9% Tax Credit Application on August 8th, 2023, SHE is requesting HOME funding for eleven (11) of the 80 rental units for households at or below 50% AMI. SHE would like to request the following funding in order to successfully complete the financing needed: $630,000 of Visalia’s HOME-CHDO funds for Fiscal Year 2023/24, and $600,000 Visalia’s HOME-CHDO funds for Fiscal Year 2024/25, for a total commitment of $1,290,000.
Rancho Colegio – Public Funds
Committed Requesting
Multifamily Housing Program (MHP) - $10,172,065 HOME-CHDO (FY 23/24) - $630,000 Joe Serna,Jr. Farmworker Housing Grant (FWHG)
Program - $3,596,644
HOME-CHDO (FY 24/25) - $660,000
Total: $13,768,709 Total: $1,290,000
This funding will increase the financial feasibility of the project and allow the project to be more competitive for Tax Credit funding, which benefits from local leverage.
Should you have any questions regarding this proposal, please contact me at (559) 802-1620 or [email protected]. Once again, thank you for the consideration of this request.
Sincerely,
ThomasJ. Collishaw
President/CEO
Main Office: 8445 W. Elowin Court · P.O. Box 6520 · Visalia, CA 93290 · Phone (559)651-1000 · Fax (559)651-3634 [email protected] · www.selfhelpenterprises.org DocuSign Envelope ID: 00D07593-1D2D-412C-9BEC-9E051D4C1641 1559 135