Visalia City Council
August 7, 2023

• 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 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 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 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 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 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

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

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

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

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 effective- beginning 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 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 (piggy­ back) 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(f 3z_'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

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

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

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

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

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

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 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&sectionNum=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 -·· .... ,
' . . . ' ~- - -' .. _ .. -... ,. . ·,. •\
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 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 . .: .. '.' .. ·-,,--.

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 ·
DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 . _, ... ·:_·.::·-:-: • -- 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$d for qebarrt1ent dec;lar~d ---. _ in~HgibJe; or vglurit~Niy:ex91Lideii by any Federal department or a9e:~cy; · ·- · .- · · < . - . . . . - .- . . . -·· ~- . . - -. . ' . . . . ' . . . . - . . (b) -__ Have _not wit_hil1, a thr:~~7Y~.a.t peri()d pr;e:ceding this biQ ~~-~_n cprivicte~tof or - - . had a'~civiljudgo'l~ntrenq~r~d:~gainst t~em for comniis~ion offraud:or::a crihj_i~~~ ·. ·- .: . qffel1~~ iri colji.i:if:l'¢ti()h-with_: ()~t~iri,iog,_ a~~mpting to obtain, 'or p~tforning a\p.U,blfc • _· ·. · · (f~det~!• ·Stat~;-()r!o¢~\}_tran,~:aG~i_on_or,c()F!tract und~r a p~b_lic tr~n~aqticm;viol~tipQ- .· of Fed¢ral o(State antitrlist st~tues or commissior:i oJ embezilement ttl eft, forg~tjy; ·•·­ .- qR,t;>,ery,:f~_l$i~c;~!ipo_ pr :9E$trud!o8; of records, maki!lg: ~aJse stat~mentsi ·0~ :r~¢~hii_ng. ~tol~n J:>rop~r1Y;: · :- - ·· , , -· · ·- · · - ~ · - · ~ · -· · : : · ··-

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

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 ·.:.·. .. :· ·. .. . -:. ~
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 . ' ~':.:. / ' :,. '" ;_ . .
'" .. ' .
·, ·--
. 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 '~ : ":. . .

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~l0y¢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 ···-.·- "··­.: -·

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 .··· .... ·' EXHIBITD
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IMPORT~ NOTICE
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~~~ ::·· . , · · · . .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- -. -~ .··· ;~~~~ :~·;
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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$etts)~--i·n thiS . · · ·~~:~1=~;=~::.~~~ .. t"!~~~~··
pc~t;ti_f1g~ti"h.<?t ~Ht,pt,d,,wJttlt:on:trJbutic)ns to.th~ firSt Soar~t_li!ei;nb~r bt,itat,~raur¢sat~d . ~;~-·~.ti~~A~~~bt!t :Or:,_oi~-~ tounty ri{ficer:wh~ may·~r:tiC.i~te in y(j\~r p~~e~fri~~: · :· · ·· . A"~~Jotd1e;~o;~r69t$~p,_nii$ors m~m~I'S '"d ~ther eountv officialS is~~bect · .·':',,,·····::"-:'"':·'· .-'"· ~-._.-.:.<;;-. .''····:·"''::"'l ..... · ~· ··.,.~---~.' .. · ........ •, .· . ~--:_ .. ' .. · .. :~=· .,_. ( :·.·_·;._.: __ , .. -·
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. ;Appli¢ation.()rSo.l~lta~!~!J:Numb.e~• ------- .......... -~--~----~..--.--.,......,~~-----~-:-;+~.........,~ ::4RPI!cation ors9tltft8tionij:j~e:··· .·· . ....;..;.;....,.,.-,..,.,;;..;..;...:__......,.. _______ -.;.,..-------......---,..:-"-'~-··----:--~ · \Wiisa.campai&fr¢ontfi~utionJ reprclleSs of:the:itc>Uar amount; made toany.mem~r ofth~ Tlifare:Cc)~r]tY'B.oprd#f. ~upervisor$ :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:
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DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 ·. :· .:.::·. • ..... . ' -, _;, .. ·;~
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· ATTENTION ALL COUNTY OF TULARE

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

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

DocuSign Envelope ID: 4B046B59-ABFA-4E09-BD2D-CFA1F33D2050 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
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Witness Events
Signature
Timestamp
Notary Events
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Timestamp
Envelope Summary Events
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Envelope Summary Events
Status
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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

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
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:
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-guide- signing-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.