Visalia City Council
August 7, 2023

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

COUNTY OF TULARE

GENERAL SERVICES AGENCY
Purchasing Division

June 21, 2023

Jaxon Enterprises
Dba Deer Creek Asphalt
1643 Tahoe Court
Redding, CA 96003

Email: [email protected]

SUBJECT: MATERIAL CONTRACT NO. 1905 – 1/2” HOT ASPHALT CONCRETE – NORTH/ SOUTH COUNTY

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

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

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

Federal Excise Tax Exempt.

State Sales Tax to be added.

Cash discount terms: NET 1% 30 DAYS

ATTACHED SHEETS: The attached sheets and enclosures are herewith made a part of this contract.

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

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

Material Contract
Page One

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

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

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: 830534C7-5734-4EC4-B698-F48C3B0F2073

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 CONTRA CTOR. e. Obtain unemployment compensation insurance on behalf of CO NTRACTOR.

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

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 product to meet specifications, and/or for reasons of unsatisfactory service.

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

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: 830534C7-5734-4EC4-B698-F48C3B0F2073

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 et seq., and the Political Reform Act, Government Code Section 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. The statutes, regulations and laws previously referenced include, but are not limited to, prohibitions against any public officer or employee, including CONTRACTOR for this purpose, from making any decision on behalf of COUNTY in which such officer, employee or consultant/contractor has a direct or indirect financial interest. A violation can occur if the public officer, employee or consultant/contractor participates in or influences any COUNTY decision which has the potential to confer any pecuniary benefit on CONTRACTOR or any business firm in which CONTRACTOR has an interest, with certain narrow exceptions.

(b) CONTRACTOR agrees that if any facts come to its attention which raise any questions as to the applicability of conflicts of interests laws, it will immediately inform the COUNTY designated representative and provide all information needed for resolution of this question.

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

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: 830534C7-5734-4EC4-B698-F48C3B0F2073

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_______________________ _________ P u r c h a s i n g A gent

ACCEPTED: JAXON ENTERPRIS ES DBA DEER CREEK ASPHALT

Date By_________________________________

T i t l e________________________________

Date By_________________________________

T i t l e________________________________

[Pursuant to Corporations Code section 313, County policy requires that contracts with a Corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president (or another officer having general, operational responsibilities), and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer (or another officer having recordkeeping or financial responsibilities), unless the contract is accompanied by a certified copy of a resolution of the corporation’s Board of Directors authorizing the execution of the contract. Similarly, pursuant to California Corporations Code section 17703.01, County policy requires that contracts with a Limited Liability Company be signed by at least two managers, unless the contract is accompanied by a certified copy of the articles of organization stating that the LLC is managed by only one manager.]

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

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

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

DON THOMASON
CITY STATE ZIP CODE:  REDDING, CA  96003  E‐MAIL:
[email protected]
ORDER FROM:  JAXON ENTERPRISES
DBA DEER CREEK ASPHALT

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

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

Material Contract

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

CONTRACT NO.: 1905

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

SPECIFICATIONS

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

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

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.

1/2" HOT ASPHALT CONCRETE: $ 60.00 PER TON

Asphalt Concrete shall be Type B, ½” maximum and shall conform to the provisions in Section 39, “Asphalt Concrete”, of the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans or as requested by County representative. Oil shall be: Asphalt Binder Oil PG 64-10.

6,000 Tons total estimated quantity for North County/South County through June 30, 2024.

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

The amount of asphalt binder to be mixed with the aggregate for Type B asphalt concrete will be determined by the engineer.

PLANT LOCATION/SHIPPING POINT: 27671 Avenue 120, Porterville, CA 93257 SMARA MINE ID 91-54-0021

PARTICIPATING DEPARTMENTS:

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

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

REQUEST FOR BID

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

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

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

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

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

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 BID NO. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT RETURN BID WITH THIS FORM.

Signature Page

VENDOR TO COMPLETE THIS PAGE

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

Select YES or NO.

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

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

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

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

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

ICJ, 2.o~"S •
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 BID NO. 24-006 - %"-%" COLD MIX MATERIAL & %" HOT MIX ASPHALT CONCRETE - MATERIAL CONTRACT

1. PREPARATION OF BIDS

REQUEST FOR BID

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

Failure to do so may disqualify your offer.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 payment of Federal Excise Tax. No Federal Tax should be included in the price. Exemption C~rtificates will be furnished when applicable.

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

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

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

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 BID NO. 24-006 -%"-Y." COLD MIX MATERIAL & Yz" 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 dosing 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 less than minimum order · . quantity. If not stated; it will be assumed there are none.

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

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

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

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

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 BID NO. 24-006- %"-Yo" COLD MIX MATERIAL & Yo" 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 peliorm all services required under this Contract as an independent contractor. Nothing in this . Contract shall be construed to constitute the CONTRACTOR or any of its agents, employees or officers· as an agent, employee or officer of COUNTY. CONTRACTOR agrees to advise everyone ·it assigns or hires to perform any duty under this Contract that they are not employees, agents or officers of COUNTY. CONTRACTOR shall be solely responsible for determining the means and methods of performing the specified services and COUNTY shall have no right to control or exercise any superVision over CONTRACTOR as to how the services will be performed. As CONTRACTOR is not COUNTY'S employee, CONTRACTOR is responsible for paying all required state and federaltaxes. In p~rticular, COUNTY will not: ·
a. Withhold fiG~ (Social Security) from CONTRACTOR'S payments. . . b. Make state or f~dereil unemployment insurance contrib~tions on CONTRACTOR'S behalf. c. . Withhold· state or federal income tax from payments to CONTRACTOR. . d,:· Make disability insurance contributions on behalf of CONTRACTOR. e .. O~bta!n unemploynienf compen~ation insurance on behalf of CONTRACTOR. . . - ·. ~ . . . . . . . . '
Notwithstanding this inqependent contractor relationship, COUNTY, through the Purchasing Agent, shall have .the ri_ght to desigri~te the sites at which services are to be performed, ~nd to monitor aiJd evalt:~ate the' performance of CONTRACTOR to assure compliance with this Contract.

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

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

Page.6 of20
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 ,. ~ -. . " .
';,:-:-·- . - ._ .::.:.

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

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

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

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

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

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

22. · CONTRACT EXCLUSIVE.

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 '.· ;.·- · ... ·~ ' ·,
BID NO. 24-006- %"-W COLD MIX MATERIAL & W 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 invoices are to be mailed in duplicate to the various locations designated on the "Invoice Address" on each purchase order or contract. Reference shall be made to the purchase order or contract number.

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

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

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

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 ... · .. , ·._·;.·
.. : .

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

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

D. · · Any person or business falsely claiming to be a local vendor shall be ineligible to transact any.·. t>uslne~~ with:the ·countY fora pedod of not lessthanthree (3) months or riot more th~n twenty~· . four (24) month~ ~s dete'fniin~d ii'rthe sole discretion 'of thij Purchasing Agent. Th~ County shall also have the right to t~rminate airor any part of any contract entered into with such. persori or ~usiness;' . ': . ·: · · ·· · · ·· · · · ·· · ·
E. . Prior tott)e c()unty qe9laiing any person or business not a "local yepdor" or ineligible to transact business ~i~'th~ C~unty, ~uch p~rs()n or business s~an be.~ntitl~d to, a put?lic h~arihg before the Bo~rd qfSu8ei;vis,o~s:andJo aJiVe {5) day notice of theti111e an~ plac~~th~reof. . · . . ·. . · . F. This prefe~e'nce shali not apply to transactions required by state or federal statutes or regulations to be awCirde~ to th~ "lowest respgnsible bidd~r'', or otherwise exenipte~ {ror:n loc~l_preferences. ' : ' < L ~ • ' ' •• - 0 0 0 0 ' ·, ' • r' .. •
. Page 9 of20
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 BID NO. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

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

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

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

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

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

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 .... , ....
. . . . _. ;..:_,' -··~, .·• ~- . ~: ·.: . ' .. - .. · . -. ' .. ~ . ~-;-
. ~:. ·, ·._ . ··:·._,·
BiD NO. 24-006- %"-W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

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

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

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

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

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

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

E. . COMPENSATION ADJUSTMENTS for price index fluctuations for liquid asphalt, as setforth in the attached Exhibit s,: apply. ' ·
. ~-- ·.
.p~ge 11 of20
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 ' ... '
BID NO. 24-006- %"-Y." COLD MIX MATERIAL & Y." HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT . 38. INSURANCE:

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

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

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

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 ·":. '.
.....
. :.· ...... ,··- ;·.·· ... '-;·.-,·: ..

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

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

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

J .. • -
. %11·PLAN:rRUN:COLD MIX WITH OIL
:-_··-.' :_-: :-: .• _,, .. ".! .
.. ·_ ·. · ..
· 14;000Tonstotah;lstimated quantity-through June 30,2024. -· -·;, .· · ..... · . .. . . .· ., . ' . . Af:lp!icE.t.ble• ~al~s Tax .jfJ (iddition ·to the price indicated . . .,,O~O~o~s:··S~UTHQO~NTY $ · . . 5Ll
00 PER.TON (inGiudes_all fees) .. ·
. ' . - ~ . ·-. \"·"• ;··
.·7.~-0~,l"ons NQRTrj qoqNTY ·. $---'-_S_Y ____ ·""""o----- PER TON (includes all fees)

\ .

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

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

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

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

PARTICIPATING DEPARTMENTS:

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

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

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

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

EXHIBIT A

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS

INSTRUCTIONS FOR CERTIFICATION

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

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

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, · in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.
· •. · .. · 4: · The prospective primary participant shall provide immediate written notice to the department o{ agency to· wl1ich this bid is submitted if at any time the prospective primary ··· participant learns that its certification was .erroneous when submitted or has bec_ome erroneous by reason of changed <?ircumstances.
.. 5. . The. terms cov~rec;l tran~acti_on, debarred, s.uspended, ineligibl~, lower tie'r poyered tr~m~action,: .participant,· person, prirf!ary. covere.d transaction,· prinCipal, .. bid, and· v6!uritarily ex~luded, as used ih -this clause, have. thE:~ meanlrigs set out in the Definitions and Cpverage · sections ·otthe·, rules. implerrteriting Executive Order 12549. You· 'may c6ntacttlie depaf.tmenf9r · · agency to which this bid is being submitted for assistance in obtaining a copy of those regulations. . 6. . The · prospective· primary participant agrees by submitting this bid that, should the · proposed . coveted transaction be entere.d into, it shall not knowingly enter into any .lower tier ce)veted tra11saqtion· with ~ person who Is proposed for debarment under 48 CFR''part 9, subpart 9A; debarred, .·suspended, . declared ineligible, or voluntarily exCluded from participation· in this · · .· coveted transaction, unless' authorized by the department or agency entering into this transaction. ' ,-· .. ' . . . . .. : . . . '
'. · 7. The pro~pective p~i[lary pa_rtiq_ipant further. agrees by submitting t~is. bid. that it will i,.;qlude ·the . clau.se titied ''Certifi~~tion~-Regardin'g · Debarment Suspe'nsion, h1eliglblllty anct VoiLintaiy -~xdusion-Low~f Tier -~6\fe,re~ Transa¢lion'j'. provided by the departrrieri.f or agency eR~~ring 'i!Jt() this covered transaction, WithOut modification, in all lower tier covered transactions 'and in ,all . solicitations for iower tiercc)vered transactions. . . . . . . : . ~: ·, ' . .• • ... ·.:. ' ( . - . . Page 15 of20 ·
DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 -:.·:·
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BID NO. 24-006 - %" -W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE - MATERIAL CONTRACT

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

9. Nothing contained in the . foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The .. · knowledge arid· information of a participant is not required to exceed that which is normally . possessed by a prudent person in the ordinary course of business dealings. . . . 1 0. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, . .debarred, · · .·: in~llgible, or volt.intanly ·.excluded _ from participation in this transaction, in addition ·to other .. _ remedies available to the Federal Government, the department or agency may term_inatej this . . . transaction for cause or default. .
-CERTIFICATION
.I
.•. _ . (1) The prospective pi:imacy participant certifies to the best of its knowledge a_nd belief; tQat . • . it and its priricipc:lls: -. . - . .
! ... ·: .. :. ·· •. -.. ~ . .. ·.
(a). Are not·pre~ently ~ebJ:~n;~d, suspended, proposed for debarment, declared _ ineligibJe, or vqlupfaril}texcluded by any Federal department or agepcy; -.. . ·. : ·_ --. ·: . ; . - · .. ·. . . ' ....
• . (b) Have .n9t ~it~il1: a 1h~~~7¥!3~t period pr~ceding tri~: bic;i ~(:J,en, C<?r'!Yi,~te9. of pr · ·.had a civiljudgi;rlentre,nderep·'~gain~t them for comrnis.~ion offr~;aud or;,a ¢ritT:linal. · -qff~n~e in cohrf~~i9n With 6pt~!h.iog, attempting to obtain, ::or pen:Or_ming ~{ py~ifc · · (F~deta,l, ~tate~:.~r lo~1UraJ1~,a~~R>nor:~()ntta6t u·rider ~:publi~ tr~n~a~~,~~)l'l; vioi~tipn· :· . . -of;F~qerat <?r State an~itrust 5t(l,tO.e.!? orcomn'iission.9f .einbezile!T:l~rlf;.tl:l~ft. forgery;- -_ -·. · qri,t),efy,J?I~i~q~tipo- pfqE$tru,C,:t!<:>rt qf reC()rds, making f;:tiS_e st~tern~qts; or re~fjiyihg · ~tol~f.l,pi:ot>t:lttY;:· .. , .. _",:--·- · · - ·- - , . _, -- _.,, · '_ ..
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DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 . ' .. ,- - . ~ . • . - ··:·~ ..

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

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

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

The Engineer adjusts payment if the California Statewide Crude Oil Price Index for the month the material is placed is more than 5 pen~ent higher or lower than the price index at the time of contract. - The California Statewide Crude Oil Price Index is determined each month on or about the last _ business day of the month by the Department using the average of the posted prices in effect for the previous month as posted by Chevron, ExxonMobil, and ConocoPhillips for the Buena Vista; · - . HuntinQton Beach; and Midway Sunset fields. -
lfa company discontinues posting its prices for a field, Cal trans determines the index from the •-'ferJ:l(3ining posted prices. Caltrans may include additional fields to determine the index. · ·· For the- California Statewide Crude Oil Price Index, go to: - http:llwww.dot.ca.gov/hq/construclcrudeoilindex/
_ ·_ ·lfthe,ac;Jju~tment is a decrease in payment, the County deducts the amount from the monthly - pfqgre~s ·payment. · -
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·.---ASPHALT QUANTITIES ..
.. ',-=,.,.·,,-
. . General
-_ - c -I riterpr~ttheJerm "ton" as "tonne~ for projects using metric units . . ···· ... .--:· . -···----· .. -· .. '.. ·.· .:. ·-.. . .. . ... , . -· . 't~~*·:Mi~(A$p~alt(Plii~t-~~11-QQid'N.iix . - - ·-
· The'-~-pgln~~r palc~late.s the:qu~ntitY of asphalt in HMA or PRCM using the following_ form_ula:
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· Qh = HMAn'x[XS/(100 ~)<a)]_ ·
. , ........... '.·._·:· .. _. -·. ,: ._ . . - ';. '- · .. where:- '. .-·. . . . . . . .
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- . : i:.·;:qti_.=:=quantityjn tonspfasphalt used in HMA orPRCM HMATT~ .HMAor·PRCM;total_tonsplaced·
--. Xc;~:;:: theoretical'asptu:ilt content from job mix formula expresseci as percentage of -- -th-e_.weiglitofdr)l'aggfegate - - · -. - . . . . . . - . . . ... '.
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DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 :--, ... ·. . ~-
BID NO. 24-006 - %"-Y." COLD MIX MATERIAL & Yo" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT . Hot Mix Asphalt Containing ~eclaimed A$phalt Pavement (RAP) . The Engineer calculates the quantity of asphalt in HMA containing RAP using the . following formulas:

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

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

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

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

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 ·· .. ,~ _;_ .. ·- .... -··
BID NO. 24-006 - %" -W COLD MIX MATERIAL & W 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 decreasing payment in the progress pay estimate.

The Engineer calculates each payment adjustment as follows:

PA= QtxA
where:

PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month.
. .
... Qt =: Sum of all quantities of asphalt-contained materials in pavement structural ·sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + Qe +. Qss + Qmab + Qo). ·
A =Adjustment in dollars per ton of asphalt used to produce materials placed in· the work rounded to the nearest $0.01. ·
For ~S Customary projects, use:
.. ·A= [(lullb)- 1 .05] X lbx [1 + (T /100)] for an increase in the crude oil price index exce.eding 5 percent
·A= [(lullb).;. 0.95] x lb x [1 + (T /100)] for a decrease in the crude oil price index. · ·ex~eeding 5 percent
Fpr: metric .projects, use:
.·A = 1.1 p23 x [(lu lib)- 1.05] x lb x [1 + (T /1 00)] for an increase in the cru~e . qi[pric~: index :exceeding 5 ·percent · ·
·: A= .1.1 023 ~-[(Ill lib)~ Cf95] x IQ x [1 + (T /1 00)] for a decrease in the crude oil .. price· inde)(ex9eeding_ 5 ·percent
·lu=~Califorr)la·$tatewide Crud~.QU PriceJndex for the month in which the quantity of ·. :' ' asphalfsubjectto adjustment was:placed in the work. . ' -lb¥ c·aJiforrtia~$tate..,Jiqe{Cr~aeQil 'Piice lhdex for th'e month hi Which the bid opening for ... -~- --:·tti~:p~Oi~.ct-.·o·cc~rr~-d~ :.· .. -, .· ·:_--.·· -- · _ . · - . · --·; ·. · ·- ,_ T :;: Sales ~nd·u~e t~.x·rate,·expressed as a percent, currently in effect in the tax jurisdiction ·.· . where the. rn~teti?~'!is placed, l(the tax rate in~ormation is not submitted timely, the . ·. . · .• statewide sales and use tax rate is used. in the payment ·adjustment calculations 'until the· tax .;:~te informati6·n is su6mitfeci. ·. · · · · · · . . ·--- ... "•' .. ; '•: .',".· ' ._. . ... -
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DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073

EXHIBIT C
NON•PROFESSIONAL SERVICES

INSURANCE REQUIREMENTS
·~. ·. .. . .

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

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/location (ISO CG 2S 03 or 25 04) or the general aggregate limit must be no Jess than . $2,000,000 ..

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

B.. Specific Provisions of the Certificate

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

2. . CONTRACTOR must submit endorsements to the General Liability refiecting the following ~' . ." ' . . : . . . . . . . . . . .
provisions: . . . . .
a. The COUNTY OF TULARE, its officers, agents, officials, employees and volu'nteers are ~Q be . cciverecl as (Jdditionalinsureds as respects: /iabi/1ty arising ou(ofwor~ or bperatiohs · .peiformed by ~r On behai/ of the Cont;actor including ~aterials,. parts, or equfp;fi{!nt .. · .. · · , ,·jurniiher;J (n.t:onn~~tio_n.wjthsL/.ch work or operation. · .· ··· · ;: ': .... ,· · .. ·'' ,'·" .... "·". ,· .
-q~ .· F9r a~y clai~s r(!fqted i:o this project, the CONTRACTOR's insurance cov,erage shall be · . pti'ma,Y'frili:Jrah~e!os resp~cts the couf.rrr, its officers, agents, officials, employeesand lloluriteers. An~insiii-tznce or~elf-insurante maintained by the COUNTY, its officers, ag~nts; . ~iJ;~iti/s, 'er1,piQ~¢~sor volw1t~ers shqllbe ~xcess of the coNTRACTOR's i~surance Cifrdshaii · : noi:'cor#~l6ute V.litli.it. . .·'. . . . . . . ' .·. . . . . . . c. . ~ach irisufarlce phiicy required by thfs agreement shall provide t~at coverage ?hall ... not be canceled, e)(cept with IA!iitten notice to the COUNTY . . ·- ./· ... '~.·'' . . . . . ,. __ .. :. ; :. - d. CONTRACTOR. iu~r/by grant's to COUNTY ci waiver .of any right to s~br;ogation which qny . .. irisuretofthe'CorlrkAcfdR mi:tyacqui'r~ against the CO UNIT by ~idue of the payment t;,j . ~anylass~u~"qe/s~thl~siiriJ-n~~;: tcmiRACrOR agre~s to obtafn ariy end.~rsement thq(~ay . · be necessary tO. ajje~t this waiver o/subroiJation, but this provisionapplies regardle?s: of -Whether or n~t the COUNTY has received a 'waiver of subrogation ehd.orsement from the i~'it/ri!,r. · : · ' · · · · , · · · · · · · · .. ·' ·, · , . :~ .. ' .. ·.: .. ;~' ,, .
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DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 . : ';'"· .. ·-
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3. . The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the COUNTY for all work performed by the CONTRACTOR, its employees, agents and subcontractors.

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

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

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

WAIVERS:

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

PrintN~me VA:tti Q:J\~~ Date: ~~\~/ Z3
~"'~~e(}.K.S clhc-.-.1:}.,- Creot.. ~i>y,c..-l'*-
s.gnature ' . . . ' .
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DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 ; ,··
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EXHIBIT D ··.•: ._.·:.
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·.~~~G~·CONtR~=:N°~t~=~RE.INFORMATION;_ .
'·:~·-~;·;.:~·· .. -~---~.--..... -: ... ""···':·.<" .. ·,c-.;::'•. •. . ,., ·-· .. ,:~ ···.·: .,.._.._,_., . . ' : ~ { .
·_,_··.'-
--· · · -. · Ttje.ato/ctted·,~~pa~il?~~~~~i()ll·P~!Qs\lre Form. must bt!· coinpl~t~.-~Y a~p1~cafltS·JorJ (,f_'~er~ris .. · · · · .- . whQ arethe:subjecfof,-arivJ:.(~inl:iovoiVing a liCense, permit, or othet.~nfft.l~menffot ~e~:i~c~uding . .. . ::~~--.,iimftolg~theBoard otsupeM~("S!!'inf'lot~.c:oom~:#ft~~ .•... ···IMPORTANT NOTICE
~~'«~~~(~.~ ~ the~•Aifl ~~~~~~.--!_h_:_-.·_,:·: .
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.. Offiaaroralte'''ate:-wno:ma·:.:· 'rtid ttHif our. toci!edin :m · ·s:oliat:or:at:ce~~·acam ·· . _'_ ··- · #~~i~t§jj~~·4fT~i~t~~#;$~~~':~:~~rrns#::s.~J¥/ : ~-- <>;<;· '· •···· ::·.:·;~·:.-.'"~~ .~: :' .... -
· .. ~· .. ;:~-,~~~·~~:t::s::~~~~-~~~·
.-.,. v,l)l:Uq!J'ls};.~rfd:~~net(s)_'in tlli$;pfoteedlng! AlSo inCluded are.~~i{~ aim~nieS ~n~l;s~b$\~~ary . .· • -• ·. --..,~ -"~' ~·~ ... '..,'·!"-'* ,. :; 2' ~'-, '-~ '•' ,. "''! - > Ll '': ""~ , .... ~~ "" ••• ~ ..... -~ .. : <c6mi:@N~( d!reaed.::~nd ·'co.ritr,Ot~- I:W- ·y()u, and P-OIItical'\actiOn-··Co.mm.~~, c;Jirei;,tecV,ai'ic;t -,:,:.~~~~_it~W~'V~~~/~~T):._ - ,-- . .. . - --· ,· ;_.·._.·.::'-- . '"•>···?-_- . __ , .. t~4;pn~~i!J~~~{~I.l9•~-~~~~t·<!·-~~··!ts;o:!~tl~tt1~-
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DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 (··
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1. .A·;.p~edlog;inVolvlng ~a_:licefi$e, permit;;or other ~titlement.fo:r os~"·. indudes ~dt~9,silless, · p~Q~{9nal;·i~t;te a.,d:iand useji~enses and permits,. and al1Qther:el1titlemerits tor~~~i iiiCI~mflg · · ~u: e.!lt~e(ne~~'for_ ~~~~ tis~, '~II contracts (othe~ .:than cp~·P~tiitv~iv: ,~id, labor:-or pel'$#~_al ·. -· ~r,ilploym~nt:~&'rl~ra$), 'an.d aU fra11chises• · ·

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

3. ,.4.,
.·~r.Ui~" ; " ; . ' ' . . ' - ' •' < ,. . ' .·; '·· • - . r4determine Wllether ~ ~mpaign contribution ofmore than $2So has ~n made t;)yyou,_ . ea'n1paign :~nmi:Ji.iti~n,s.made·IJ.Y you wtthin the preceding 12 montiJS•rnust ~ ~~Cite,d W~h · · t.hbs~ ·~~CI.e ibv· Yi>~t ~'n,t ~witbin· the precedil)g __ 12 mprrths ~r th'e;· peijod: o(the. :~~!ltv:
r~~~~lbnshiR;JNbi~~tijs shQ'rt~r~ 'ContribUtions :made'by yp~r·m~jQ~lty Sh~'re.fl91d¢r':(ij;~~?~ly. ·- .· het~ cc)rp6~tit>r\), your- subContractor(s),. your joint ·ventu,rer(s); ·afld voiJr~~rt,net(s);in :tfiiS:i '· ··-~Ts;:4~=~~;::::;.~~=!tr~~~~~,·••
R~~~~q~:;~.~:e;pqtoaUi:{!~(~~·~ltl)::confrJ~,tJtiQnS to th~ firSt' Boar~~ rnei'nb.~_r b'gt~t:~·~~~~~~4 - ' · _ ~'·t9.~.1i~J::d.i~eit)bet.;o,., ~'!tat County ·officer:wh() may·~rtici~te iny9ur pi'(Jcee~fng~ ·•· · • "•. ', • ~·',_\ ' • ,• •' • •c ••::.:/~}· • z '. _" ; • • • .' "• :•: • .• • • ·' • • ., • •.; • • • ;_,,• • •; ' "•••' • •" • • • -~~;~~~ ~ft,he{pC?,~~~~~R!,rv~o~"~~mbe~ and other Co!J.nW 9ffl~J~Is ~~~~~~d .. ·/·.-·-
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DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 ' .. :
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·COUNTY Of TULARE
·. -·~MPAIGNtcONTRIBuTtON DlsCtOSURE FORM .
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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 sanctio~s in . resp~n~e·. to Russian.- aggression in Ukraine. The EO is locat~d at ' ' .
· https:Oww.w.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executlve-· order. pdf - · · ·· · · '
The Eb directs all agencies and departments ~hat are subject to the Governor's authgrity to t;:~ke · cert~in -lmm-~diate ·steps>indudingnoti~ing.au co~tractors and granteesottheir oblfga~ions to·_ · .. ·- ¢e>m:plywithexi$ting ~cb.nomic:: ~anc:tions imposed by the U.S. governmenfin respon_~et()_·R.ussiais : . · c · a~tions in ukraine, a~ weu as:anv s~·nctions imposed under stat~ law. . ... ·- -... . . :. . -- ' '. --. -. . . ' ·.. . . . . . . ~· - . -
. Thi~_~orreSf'Qttd~f!:c~-s~6;~s,CI~~C!~not!c:e und~t the EOthatas a contrac~or.or gre~ntee 1 <:omplicmce · With';th~ ~tb~ornjc s~r\cti6ils im~os~d in response to R~ssia 1 s actions' jn ·_·Ukraine 'ls:.r~ciuirec;l, ·. · ... in't'l~'tJin~rvJit~ tesp~ch:o; ~~th~t nrr;ited' to, the'·federal executive ~rde'fs id~~tifi~d i~-tw~:~o-a~d . -•· •. :. the· . ~~nctions . identified on .. the U.S .... Department . of the . Treast.ny -_. __ · .. website . . • • . ct:lftps:ilt1ome. treasutY:gov tpolicv-issuestfi nan cia.l-sa nctionstsa n ctions-progra ms-a nd~countrv- · · i~fofm~tidn/Okrai~e~r{i~sla~related~s-ar\ctions). ·Failure to comply may result in the termi~~tion~of · ._..;··.-.",·: ~-·.:.::·······;- ._······· ... ·'.~--·,-:, .. ·---.-·_;.::-~ ""t • - . · •• - • · .. -.~·- .contract:~()~ gra.nts,_as ~ppli~able ...
- .• ·.. .;-~. ".:. "_.'< .. ;·-. _: _:·~.,; -~--~··· .•. ; • ; ,.,_ ., . ,.·' As a_<remind.et, agreements With the County of Tulare include portions which require 'compli~n'Ce. · ' · wft·h: alllot:al; stat~; and federal laws and directives which includes Executive .Orders such~~ the . . · ··Eb:·ars~~1·~~d·h~r~~tl)~i~o 'm.·av nota·p~ly to ~r effect your agreement::with'.th~ c6u'!1.tYfPI~ase~:­ .. · r~~:th:hi.J?io·o~r depait·n,entin~brder.tbjseek Clarification should you ha\1~ any questiqns. ':
. -~· .. _~:-.·.· ": •"_ 'l:"'·•': . . -,.-·~::, ·.---·~- · .... ·;:···. ;· .. - ·. . . _· .·. :·.· ·, . o..'Piea$e. notcf, th~t f6r aMy agreem~nts or grants. valued ·at $S millioh: or .more,-a ~epa~ate .. ndtitJ6atlon\vitl be·~e.nt~~tlinjl'lga.dditio,hal r~q~irehients ~pedfied u_nd~rth~ EO. : •· ·.· .. ··. ·. ' .. , -·, . . ..- .- . ·.·.·. .- . ·,· ,·· . . .. . - . . .
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DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 Certificate Of Completion
Envelope Id: 830534C757344EC4B698F48C3B0F2073
Status: Completed
Subject: 1905 - 1/2” HOT ASPHALT CONCRETE – NORTH/ SOUTH COUNTY Source Envelope:

Document Pages: 34
Signatures: 2
Envelope Originator:

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

Suite 200
Visalia, CA 93291
[email protected]
IP Address: 38.127.225.87
Record Tracking
Status: Original
6/23/2023 10:30:47 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: 68.189.45.56
Sent: 6/23/2023 10:31:55 AM
Viewed: 6/26/2023 6:56:48 AM
Signed: 6/26/2023 6:57:25 AM
Electronic Record and Signature Disclosure:

Accepted: 6/26/2023 6:56:48 AM
ID: 96a06945-de17-45f9-8434-26af5572da0b
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 6:57:26 AM
Viewed: 6/27/2023 5:43:37 PM
Signed: 6/27/2023 5:43:44 PM
Electronic Record and Signature Disclosure:

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

Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
6/23/2023 10:31:55 AM
Certified Delivered
Security Checked
6/27/2023 5:43:37 PM
Signing Complete
Security Checked
6/27/2023 5:43:44 PM
Completed
Security Checked
6/27/2023 5:43:44 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.