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HomeMy WebLinkAboutContract - 03/27/2024 - 2091 Contract No. 2-15 I City Clerk Review Risk Management Review Scanned AGREEMENT THIS CONTRACT,by and between the CITY OF CATHEDRAL CITY,a municipal corporation, herein referred to as "City," and Petrochem Materials Innovation (PMI), LLC, herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants,the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services to supply and install Type II Rubberized Emulsion Aggregate Slurry (REAS) delivered from an approved Central Plant on Panorama Neighborhood Streets, Victoria Neighborhood Streets, Assessment District 2003-01 Streets, and Sunny Lane Neighborhood Streets, including traffic control and striping, thermoplastic stop bars, legends and crosswalks in accordance with Attachments A thru H, in the City of Cathedral City,California. 2. Contractor shall comply with all Federal, State, County, and Cathedral City Municipal Code,which are,as amended from time to time,incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the execution of this agreement and purchase order and agrees to have all work completed within the specified Sixty(60)calendar days. 5. In consideration of said work,City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's proposal,attached hereto,in the amount of One Million One Hundred Fourteen Thousand Five Hundred Ninety-Eight Dollars and 46/100($1,114,598.46). All payments shall be subject to approval by the City Engineer. 6. The Contractor shall not knowingly pay less than the higher of the Federal minimum wage rate or the general prevailing rate for per diem wages,as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract;and the Contractor shall forfeit as a penalty to the City the sum of Twenty- Five Dollars($25.00)for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision(Sections 1770-1777,Labor Code of California). 7. Contractor agrees to indemnify,hold harmless,release and defend(even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law,the City, its City Council, and each member thereof,and its officers,employees,commission members and representatives,from any and all liability,loss,suits,claims, damages, costs,judgments and expenses(including attomey's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation,including the malfunctioning of,or,any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees,representatives,subcontractors,or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time)and damage to property(including,but without limitation,contract or tort or patent,copyright,trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies,or corporations,Contractor and its employees or agents,and members of the general public). 8. Except as otherwise required, Contractor shall concurrently with the execution of this contract,furnish the City satisfactory evidence of insurance of the kinds and in the amounts on Attachment B. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days' unconditional written notice to the City and shall name the City and the County of Riverside as additional insured. Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance,in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 9. Contractor shall forfeit as a penalty to City$25.00 for each laborer,workman,or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week,in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 10. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status,sex or age as provided in the California Fair Employment Practice Act(Government Code Sections 12900,et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this contract. 11. This Contract shall not be assignable by Contractor without the written consent of City. 12. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 13. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 14. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 15. The City,or its authorized auditors or representatives,shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 16. To ensure proper performance of this Contract, the City shall retain five percent(5%) of the amount of each approved Application for Payment until the project work is 100% complete provided that the Contractor completed the scope of work and properly identified and corrected any non-conforming work.A Notice of Completion will be issued 17. The Contractor shall maintain and preserve all such records for a period of at least four years after termination of the contract. 18 ie Contractor shall maintain all such records in the City of Cathedral City'. If not, e Contractor s .11, upon request, promptly deliver e recor to i e City or re' b e the City for all reasonable and e a costs incurred in conducting the audit at a location other than at City offices including, but not F ited to,such additional(out of the City)expenses for perso el,sal. 'es,private auditors, vel, lodging,meals d overhead. 19. The er te conditions, and coven.its of the Contract are set forth in A a iients A ru ,each of which is by this reference made a p. hereof I SS, E I F,the t ernes have executed t is Agree cut as of the dates stated below. "CITY" CITY OF CATHED' CITY, a C., ' ornia municipal corporation t itt(1). e B'yt Dated: l; 2-g 6Z-C1 Charles P.McClendon,City Manager ATTEST: e, ) Dated: We j Tracey RtIderrnosillo,CMC City Clerk APPROVED AS TO FO wet' Dated: — - Eric S.Vail,City Attorney "CONT CTOR" Dated: By: N: t e:Fr.I I.Ho* an Title: Chief Fin.t cial Officer(CFO) Dated: - By: , "--"-- e: Charlie Hoffman Title: Chief Operating Officer(COO) "CONT CTOR" (If corporation,affix seal) Al AC' A SCI I SATI SU' C CE TI CA Inaccore nee with California Labor Code Section 1861,prior to commencement of work on the Contract, the Con .ctor shall sign •d file with the City the following certification: "I • aware of •e provisions of Section 3"700 of the bor Code which require every employer to be i ured against liability for workers'comp ation or to •de . e selfrinstus ce in accor . ce with the provisions of at code, and I will comply with such provisions before co • encing the perfo • ce of the work of 's contract," / / r Signature Title Date ATTACHMENT B LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION The Contractor shall indemnify, hold harmless and assume the defense of the City of Cathedral City (City), its elected officials, officers, agents, employees, commission members and representatives,from all damages,costs,or expenses in law or equity that may at any time arise to cause damages to property, or of personal injury received by reason of or in the course of performing work, which may be occasioned by any willful or negligent act or omission of the Contractor, any of the Contractor's employees, or any of its subcontractors arising out of work under this Contract. The City does not, and shall not, waive any rights that it may have against Contractor, any of the Contractor's employees, or any of its subcontractors under this Section because of the acceptance by the City,or the deposit with the City,of any insurance policy or certificate required pursuant to this Contract. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim,demand,damage,liability,loss, cost or expense described herein. The City shall not be liable for any accident,loss,or damage to the work prior to its completion and acceptance. 2.0 INSURANCE REQUIREMENTS 2.1 General The Contractor shall provide evidence of all the insurance required by Paragraph 1340-2.0, INSURANCE REQUIREMENTS,and shall submit coverage verification for review and approval by the City upon execution of the Contract. The Contractor shall not commence work,until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. 2.2 Commercial General Liability Policy The Contractor shall maintain during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than Two Million Dollars ($2,000,000)combined single limit for bodily injury and property damage for any one occurrence and a Four Million Dollar($4,000,000)annual project aggregate, for all of the following: a. Premises Operations, including Explosion, Collapse and Underground (X, C, and U) Coverage. b. Completed Operations/Products, including X,C,and U Coverage. c. Independent Contractors. d. Blanket Contractual. e. Deductible shall not exceed One Thousand Dollars($1,000). 2.3 Commercial Business Auto Policy The Contractor shall maintain during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis,with a minimum amount of not less than Two Million Dollars($2,000,000) combined single limit for bodily injury and property damage,providing at least all of the following coverage: a. Coverage shall be applicable to any and all leased, owned, hired, or non-owned vehicles used in pursuit of any of the activities associated with this Contract. b. Any and all mobile equipment, including cranes, which is not covered under said Commercial Business Auto Policy shall have said coverage provided for under the Commercial General Liability Policy. c. Deductible shall not exceed One Thousand Dollars($1,000). 2.4 Workers' Compensation Insurance The Contractor shall maintain during the life of the Contract, Worker's Compensation and Employers'Liability insurance providing coverage for any and all employees of Contractor: a. The required policy shall provide coverage for Workers'Compensation(Coverage A). b. This policy shall provide coverage for One Million Dollars ($1,000,000) Employers' Liability(Coverage B). 2.5 Endorsements All of the following endorsements are required to be made a part of the policies described in this Section hereof: a. "The City, City employees and officers, the City Engineer, its consultants, elected officials, agents are hereby added as additional insured insofar as Work done under this Contract is concerned." b. "This policy shall be considered primary insurance as respects any other valid and collectible insurance, including self-insured retention,the City may possess, and any other insurance the City does possess shall be considered excess insurance only." c. "This insurance shall act for each insured,and additional insured, as though a separate policy had been written for each. This, however,will not act to increase the limit of liability of the insuring company. d. "Thirty(30)days prior written notice of cancellation shall be given to the City. Such notice shall be sent to: uidoJ Garcia :aldizzone,P.E. City Ens° eer City of Cathedral City 684700 Avoni halo Gui CO Cathe .1 City,CA 92234 2.6 Change in Te s e Contractor shall provide ° mediate written notice to the City of any ch. ge in te s and con Mons . d/or reduction in the coverage of. y e to the insur. ce policies. e notice shall be sent to e above stated location,identified in Section 2.5,Endorsement& The Contractor shall be obligated to pay any extra premi for .intaining the insurance requirements specified here. ATTAC: ' C P CERTIFICATE OF LIABILITY INS ' CE ATTAC 1 CAT E1 " yL CITY C ST ESTwT PETROCHEM MATERIALS INNOVATION, LLC PM1TECHNOLOGYCOM 760-603-0961 City of Cathedral City Summary of Estimate Charges Central Mix REAS Type II Quote no: 24-11 QTY WM Unit Price Days Total Adelina kd,Avenida La Vista *Material Type II REAS 10,701 GAL $2.521 1 $26,866.52 'Freight Delivery($.40/per gallon) 10,701 GAL $0.40 $4,280.40 Applicator Trucks 16 HR $285.00 $4,560.00, Tanker Rental 4 LOAD $300.00 $1,200.00, Service Haul Trucks 6 EA $350.00 $2,100.00h Slurry Box 1 EA $350.00 $350.00, Slurry Pump 1 EA $650.00 $650.00, Sevice Labor crew(per person @ 8hr/day 100 HR $120.00 $12,000.00' Supervisor 1 DAY $2,000.00 $2,000.00, Per Diem(per person/per day) 14 DAY $261.50 $3,661.00 Traffic Control equipment 1 DAY $2,000.00 $2,000.00 Sweeping 16 HR $306.00 $4,896.00 Door Hanger 1 EA $150.00, $150.00, Striping- Chrisp Co 1 LS $30,663.00 $30,663.00, Crack Seal- RCS 1 LS $17,185.00 $17,185.00 Subtotal: $112,661.92 Sales Tax' 8.75%, $2,734.111 Total $115,396.03 ALT#1 QTY U/M Unit Price Days Total Vista Chino Material 25,338 GAL $2.52 1 $63,851.76 'Freight 25,338 GAL $0.40 $10,135.20 Equipment and Labor 1 LS $31,032.17 $31,032.17 Subbtal: $105,019.13 Sales Tax* 8.75% $6,473.86 Total $111,492.99 age 1110 CONTRACTOR # 991274 6168 INNOVATION WAY CARL$BA0 CA 92009 PETROCHEM MATERIALS INNOVATION, LLC PAAITECHNOLOGYCOM 760-603-0961 QTY UN Unit Price Days Total Sunny Lane, Papaya Lane, Pome9ranate Lane, Talbert Drive *Matrial Type II REAS 20,824 GAL $2.52 2 $52,476.48 *Freight Delivery($.40Gallon) 20,824 GAL $0.40 $8,329.60, Applicator Trucks 32 HR $285.00 $9,120.00 Tanker Rental 7 LOAD $300.00 $2,100.001 Service Haul Trucks 12 EA $350.00 $4,200.00 Slurry Box 2 EA $350.00 $700.00 Slurry Punp 2 EA $650.00 $1,300.00 Sevice Labor crew per hr/per person i 8hrlday 188 HR $120.00 $22,560.00 Supervisor 21 DAY $2,000 00 $4,000.00 . Per Diem 28 DAY $261,50 $7,322.00! Traffic Control equipment 2 DAY $2,000.00 $4,000.00 Sweeping 24 HR $306.00 $7,344.00 Door Hanger 1 EA $150.00 $150.00 Striping-Chrisp Co 1 LS $11,242.00 $11,242.00 Crack Seal- RCS 1 LS $9,930.00 $9,930.00 Asphalt-Allied Paving 1 LS $24,090,00 $24,090.00 Subtotal: $168,864.08 Sales Tax* 8.75% $5,320.53 $174,184.61 QTY WM Unit Price Days Total Suncrest Dr, Bien Wyt Ashley Ct, Brittany Ct. *Material Type II REAS 8,567 GAL $2.52 1 $21,588.84 *Freight Delivery($.40Gallon) 8,567 GAL $0.40 $3,426.80 Applicator Trucks 16 HR $285.00 $4,560.00 Tanker Rental 3 LOAD $300.00 $900,00 Service Haul Trucks 6 EA $350.00 $2,100.00 Slurry Box 1 EA $350.00 $350.001 Slurry Puny 1 EA $650.00 $650.00 Sevice Labor crew per hr/per person(4)8hr/day 96 HR $120.00 $11,520.00 Supervisor 1 DAY $2,000.00 $2,000.00 Per Diem 14 DAY $261.50 $3,661.00 Traffic Control equipment 1 DAY $2,000.00 $2,000.00 Sweeping 8 HR $306.00 $2,448.00 Door Hanger 1 EA $150.00 $150.00 Striping-Chrisp Co 1 LS $6,248.00 $6,248.00 Crack Seal- RCS 1 LS $4,085.00 $4,085.00 Asphalt-Allied Paving 1 LS $9,350.00 $9,350.00 Subtotal: $75,037.64 Sales Tax* 8.75% $2,188.87 $77,226.51 Page 2110 CONTRACTOR # 991274 6168 INNOVATION WAY, CARLSBAD, CA 92009 e'smN\. PETROCHEM MATERIALS INNOVATION, LLC PAAITECHNOLOGY.COM 76o-603-0961 Victoria Dr, Eagle Canyon Dr, Corregidor Dr, Marcia Rd, Vaquero Rd, Judy Ln, Linda Wy, 35th Ave, Vera Dr, Nilda Dr, Maria Rd. *Ma u:rial Type II REAS 107,244 GAL $2.52 6, $270,254.88 *Freight Delivery ($.40/per gallon) 107,244 GAL ' $0.40 $42,897.60 Applicator Trucks 96 HR $285.00 $27,360.00 Tanker Rental 42 LOAD $300.00 $12,600.00 Service Haul Trucks 36, EA $350.00 $12,600.00 Slurry Box 6 EA $350.00 1 $2,100.00 Slurry Pump 6 EA $650.00 $3,900.00 Sevice Labor crew per hr/per person 8hr/day 556 HR $120.00 $66,720.00 Supervisor 6 DAY $2,000.00 $12,000.00 Per Diem(per person/per day) 74 DAY $261.50 $19,351.00 Traffic Control equipment 6 DAY $2,000.00 $12,000.00 Sweeping 16 HR $306.00 $4,896.00 Door Hanger 1 EACH $150.00 $150.00 Stiping Chrisp Co 1 LS $48,048.00 $48,048.00 Crack Seal- RCS 1 LS $51,140.00 $51,140.00 Asphalt repair-Allied Paving 1 LS $22,880.00 $22,880.00 Subtotal: $608,89748 Estimate good through October 31,2024 Sales Tax* 8.75% $27,400.84 Total I $636,298.32 Total Estimated Charges+Alt]. ( Included Sales Tax.) $1,114,598.46 Prices Includes:Type II Central Mix REAS,transportation of material,posting and notifying,traffic control per watch handbook,sweeping,crack sealing,asphalt repairs,striping,bonds,permits,equipment,and labor for application. *Location(s): Various locations per city provide map Prices Exclude: no traffic plan,weed kill. The foregoing quotation is subject to all the Terms and conditions set forth in PMI's Master Terms and Conditions and the application for open business credit agreement entered into by and between Petrochem Materials Innovation,LLC.and customer. If terms and conditions are not attached,please call our office Name: Vi?ki Novi Signature:,,. Date: 3/16/2024 Page 300 CONTRACTOR # 991274 6168 INNOVATION WAY CARLSBAD, CA 92009 ATTACHMENT E PMI'S REPRESENTATIONS AND WARRANTIES PMI hereby makes the following representations,warranties and acknowledgments,and agrees that such representations,warranties and acknowledgments shall be true as of the Effective Date: a. PMI has the full right,power and authority to enter into this Agreement and to sell Central Mix and rent the Equipment to the City,and to take all actions required of PMI by the terms of this Agreement. b. All the documents executed by PMI pursuant to this Agreement will be duly authorized,executed and delivered by PMI and will be legal,valid and binding obligations of PMI enforceable against PMI in accordance with their respective terms,and will not violate any provisions of any agreement to which PMI is a party or to which it is subject. c. PMI has manufactured the Central Mix and has centrally mixed the Central Mix in accordance with Sections 203-5.5 and 203-5.5 .3,respectively,of the Greenbook. d. PMI has good and marketable title to the Type II Central Mix,which is to be sold and transferred to the City free and clear of all liens,security agreements,encumbrances, claims, demands,and charges of every kind and nature whatsoever. e. The Central Mix and Equipment are free from all defects and are of good quality and fit for the purposes and uses intended herein. f. PMI possesses the ability to deliver approximately 172,6674 gallons of Type II Central Mix daily to Cathedral City,California,during the term of this Agreement. g. The Equipment has been maintained in substantial accordance with the specifications of the Equipment manufacturers,or has otherwise been maintained in a manner to enable PMI to complete the Project. h. PMI has inspected the Equipment and the Equipment is or will be in good and operable condition as of March 15,2024,sufficient to enable PMI to complete the Project on a timely basis. PRODUCT AND DELIVERY WARRANTIES a. PMI hereby warrants that the Type II Central Mix product(sometimes hereinafter, "Product")will not Fail(as defmed hereinafter)for five(5)years from the date of application(hereinafter, "Useful Life"), provided all persons involved in the installation of the Product substantially follow the guidelines,instructions, recommendations and best practices published and/or provided by PMI. The City hereby grants PMI and its representatives, in consultation with the City's inspector, the right to inspect, observe, monitor, provide instructions and recommend corrective actions to the City and any person installing the Product on all applications of the Product,including,without limitation,compliance with the guidelines and best practices for the application of the Product. The granting of this right to PMI and its representatives does not impose any additional duty on PMI or its representatives in addition to those duties outlined in this Agreement. b. Should the Product Fail,PMI shall,at its election,and within thirty(30)days after determination of Failure, either repair or pay for the material cost of the Product to repair those areas of the Product covered by this warranty that Fail during its Useful Life,as well as for labor and other incidental costs (hereinafter, "Labor and Incidental Costs"), including, but not limited to, any affected striping, markings,and reflective pavement markers;provided,however,that such Failure shall occur within one (1)year from the date of Product application. For any Failure that occurs thereafter but during the Useful Life, PMI shall only be responsible for the repair or payment for the material cost of the Product, which shall also occur within thirty (30) days after determination of Product Failure. For purposes of this Agreement,whether the Product has Failed must be evaluated using the Slurry Seal Survey Procedures set forth in Exhibit "D" ("SSSP"), attached hereto and incorporated herein by this reference. The term"Fail," "Fails," "Failure" or "Failed" shall mean that, prior to the expiration of the Useful Life, more than ten percent(10%)of the native asphalt for any street segment(as defined in Exhibit"D")becomes uncovered (i.e., no longer covered by the Product), and such uncovering does not arise out of conditions outside of PMI's control, including, but not limited to, subgrade conditions, improper subbase and/or compaction, cracks, earthquakes, over watering, frequent sprinkler overspray, standing or ponding water, heavy truck or equipment traffic, corrosive or acid materials that may leak or spill on the Product,or a Force Majeure event,as defined below. c. Provided PMI and the City mutually agree, either Steve Marvin, of LaBelle Marvin, or Steve Escobar, of Asphalt Pavement and Recycling Technology, shall make the exclusive determination of whether the Product "Failed" during its Useful Life and, if so, identify the areas and the square footage of Failure that "Failed." If PMI elects not to perform the repair itself, then PMI shall pay one hundred percent(100%)of the Product material cost for the percentage of"Failed"square footage,and for any related Labor and Incidental Costs to the extent there may be any Labor and Incidental Costs during the first year of the Product's Useful Life. If Steve Marvin or Steve Escobar are unavailable to make the determination of whether the Product"Failed,"an independent engineer approved by both the City and PMI with qualifications and experience as extensive as Steve Marvin's or Steve Escobar's shall be used. This warranty only applies to the Project that is the subject of this Agreement and no other location. If the evaluator concludes the Product Failed,PMI will bear the cost of the evaluation.If the evaluator concludes the Product did not Fail,the City will bear the cost of the evaluation. d. This warranty shall be ineffective unless the City provides PMI written notice of any problems,defects or perceived Failures of the Product within thirty(30)days of the City's discovery of the problem, defect or perceived Failure. PMI shall be given the opportunity to inspect, investigate, test, repair and remediate any alleged problems,defects or failures in connection with the Product prior to any repair by the City,and,repair without notice shall void and waive this warranty.Inspection,investigation, testing,repair and remediation by PMI shall not operate as an admission of liability by PMI. Subject to Sections 2 lb and 21f hereof,regardless of whether any remedy set forth herein fails of its essential purpose, in no event shall PMI be liable to City for any special, consequential, incidental, exemplary, punitive, indirect or similar damages, including loss of profits, Joss of use, or personal injury, in connection with any Failed Product,even if PMI has been advised of the possibility of such damages. f. Notwithstanding anything else to the contrary herein,in the event PMI should fail to deliver the entirety of any per diem amount of Type II Central Mix as required by the City in accordance with Section 2 of this Agreement,or,in the event of a delay due to any portion of the Type II Central Mix being deemed by the City to be unusable for the timely completion of the Project through sample testing or otherwise,PMI shall be responsible and shall immediately pay for any and all direct or indirect damages of whatever character,nature or kind,in connection therewith,in accordance with the method of calculation of damages from delays set forth in Section 25 of the General Provisions,which is expressly incorporated herein by this reference with the same force and effect as though set forth at length herein, and which provisions are part of the City's contract with Contractor for the Project;provided,however,that PMI shall not be held responsible for delays if such delays are as a result of any Act of God (hereinafter, "Force Majeure"),which includes fire,flood,earthquake,storm,hurricane or other natural disaster,war,invasion, act of foreign enemies,hostilities (regardless of whether war is declared),civil war,rebellion,revolution, insurrection,military or usurped power or confiscation,terrorist activities,government sanction,blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service In the event of any delay,PMI shall immediately notify the City in writing of the delay and the estimated extent of the delay, and the cause of the delay. The term of this Agreement, including the Rental Term,may be extended by the City in the City's sole discretion in the event of a Force Majeure delay but in no event shall PMI be considered in breach of this Agreement or any warranty as a result of any such Force Majeure delay. i :. S . ).. CONDITIONS ( Ira PETROCHEM MATERIALS IN OVATION, LLC PMITECHNOLOGY.COM 760-603-0961 Master Terms and Conditions 1. Binding Agreement. The following terms and conditions constitute a binding agreement ("Agreement") effective as of July 1 , 2015 ("Effective Date") by and between Petrochem Materials Innovation, LLC, a California limited liability company ("Company") and the undersigned customer ("Customer") and govern all goods sold and all Equipment (as defined hereinafter) rented, leased or provided by Company to Customer and shall be deemed to be incorporated in all invoices, purchase orders, price quotations and shipping confirmations. Company and Customer are sometimes hereinafter individually referred to as a "Party" and collectively referred to as the "Parties." For purposes of this Agreement the term "Equipment" shall mean all trucks, trailers, tractors, pumpers, tankers, tanks, mixers, vehicles and tools. Nothing contained in any purchase order, memoranda or other writing submitted by Customer to Company shall modify,amend or supersede this Agreement or any portion thereof. Customer's submission of any provisions that are inconsistent,in conflict with or create any ambiguity with this Agreement or any portion thereof are rejected. Company's failure to object to any different terms or conditions shall not constitute acceptance or approval by Company. 2. Quotations and Pricing. All price quotations provided by Company to Customer shall only be valid for the duration and project specified in the written quotation provided by Company. Company reserves the right in its sole and absolute discretion to decline to quote or sell to Customer. Company shall not be liable for any refusal to quote Customer or rejection of any offer to purchase by Customer. Any request for quotation by Customer shall constitute a representation that Customer is solvent. All requests for quotation shall specify the name and address of the project where the goods and Equipment will be used,name and address of the original contractor,name and address of the public agency and any other information reasonably requested by Company to enable Company to serve a Preliminary Notice or Stop Notice pursuant to the California Civil Code. Company's issuance of a quotation to Customer shall not obligate Company to provide any future quotations to Customer. Company reserves the right to require Customer to adhere to quality control measures imposed by Company in its sole and absolute discretion as a condition of accepting any offer to purchase by Customer and/or delivering goods and/or renting Equipment to the Customer. The parties agree that the foregoing provision is reasonable based on the need to maintain the quality of the goods, their application, the reputation of the brand and to maintain public safety. Customer shall be free to resell the goods purchased from Company at any price selected by Customer. The Equipment identified in any price quotation is subject to availability. Unless expressly provided in any price quotation, the prices in the quotation do not include an operator(s). The prices set forth in any price quotation will be charged from the time the Equipment leaves Company's facility until it is returned,without proration for partial days and without regard as to whether the Equipment is actually used unless specifically provided otherwise in the applicable price quotation. 3. Delivery and Risk of Loss. a. If the Company delivers the goods, delivery shall take place and all risk of loss shall pass when Company delivers the goods to the project and they pass the last flange on Company's truck or trailer. If the Customer or its representative pick up the goods, delivery and all risk of loss shall pass when the goods pass the last flange on Company's piping at Company's plant. Company shall have the right to allocate goods to its customers pro rata in the event the Company experiences a shortage of goods. All claims for defective goods shall be made within ten(10) Poge4 I 10 CONTRACTOR # 991274 6168 INNOVATION WAY cARLsBAD CA 92009 , PET-',OCHEM MATERIALS INNOVATION, LLC PAAITECHNOLOGY.COM 760-603-0961 calendar days of delivery. Failure to make a claim within that time shall operate as unequivocal acceptance and waiver of all claims. b. Delivery of the Equipment from Company to Customer shall take place when the Equipment leaves the gate at Company's South Gate or El Cajon facilities,as applicable,and shall not be deemed to be returned until the Equipment is delivered back inside of the gate at Company's South Gate or El Cajon facilities,as applicable,in the same condition as when the Equipment left,ordinary wear and tear excepted. Customer shall be responsible for all risk of loss,damages and liability from the point in time that the Equipment leased or rented by Company to Customer leaves the gate at Company's facility until it is returned back inside the gate at Company's facility. Customer shall be solely responsible for the loss of any materials transported or mixed in the Equipment leased or rented by Company to Customer after the Equipment leaves Company's facility and before it is returned to Company's facility including,but not limited to,any loss of materials which solidify,break,or become stuck as a result of the failure of the Customer to follow the operating instructions for the Equipment. Customer shall operate the Equipment in compliance with all applicable laws,ordinances and regulations. Customer shall be solely responsible for all fines and violations arising out of or relating to the Customer's use or operation of the Equipment.Customer is only obtaining the right to use the Equipment specified in the applicable price quotation and shall obtain no ownership interest in the Equipment. 4. Payment Terms. Company's standard terms of sale of goods and rental of Equipment are cash on delivery unless the Company grants credit to Customer in Company's sole and absolute discretion. All goods,applicable freight and insurance charges and Equipment rental charges will be invoiced as of the date of delivery. Company reserves the right to suspend credit,change credit terms or deny credit in its sole discretion at any time with or without notice to Customer. Company reserves the right to require from Customer adequate assurances of performance before delivery of goods or rental of Equipment. Company reserves the right to suspend performance until Company receives adequate assurances satisfactory to Company. Company shall have the right to take possession of the Equipment and/or goods if Customer fails to make timely payment within forty eight (48) hours of the time that Customer is deemed to have received written notice of failure to make payment. Payment by Customer to Company shall not be contingent upon Customer receiving payment from any third party. Customer shall pay all sales,use and excise taxes. Interest at eighteen percent(18%)per annum shall accrue on all past due payments. Customer's failure to pay invoices when due,at Company's election shall make all subsequent invoices immediately due and payable irrespective of prior negotiated terms. Company may withhold delivery or shipment of goods or rental of Equipment until Customer's account is settled in full. Customer expressly waives any liability of Company for any refusal to deliver goods or rent Equipment for accounts in arrears. Customer authorizes Company to obtain credit information on Customer on an ongoing basis and authorizes the release of all credit information on Customer to Company. 5. Equipment. a. Company requires that each third-party user and operator of Company's Equipment be briefed on the proper use of the Equipment and acknowledge that the user understands all such requirements in writing on a form which is substantially similar to Exhibit "A"hereto. Each employee of Customer who will make use of or operate the Equipment shall sign a form that is substantially similar to Exhibit"A" hereto before Customer's employee will be permitted to make any use of or operate the Equipment. b. The fuel level of all Equipment will be recorded when it leaves Company's facility and the Customer is responsible for returning the Equipment to Company's facility with the same amount of fuel Page 51 i0 CONTRACTOR # 991274 616E3 INNOVATION WAY CARL.5E3AD, CA 92009 PETROCHEM MATERIALS INNOVATION, LLC PAAITECHNOLOGY.COM p 760-603-0961 as when it left. If the Equipment is returned with less fuel than when the Equipment left Company's facility, the Customer will be responsible for paying the cost of the fuel to bring the fuel level back to the level when it departed Company's facility. c. Customer shall be responsible for maintaining the Equipment inside and outside in a clean manner. Customer will be charged for the cost of cleaning the Equipment if it is not returned to Company in at least as clean a condition as when it left the Company facility. No smoking is allowed in or around any of the Equipment. d.All material valves shall be closed when transporting all Equipment. All lids and covers shall be maintained in a closed condition on all Equipment. Customer shall check for damage to all Equipment on a regular basis no less frequently than prior to departure from Company's facility and again when the Equipment is returned to Company's facility. e. Customer shall notify Company of any operating problems or any required repairs to the Equipment so that Company can make any required repairs. An authorized representative of the Customer will be required to confirm in writing on a form substantially similar to Exhibit "B" that the Equipment(i) delivered at the start of the work day is in good operating condition free from any operating problems or required repairs,and(ii) was returned in good operating condition free from any operating problems or required repairs. The Customer is responsible for promptly notifying Company in writing of any operating problems or required repairs so that any operating problems or required repairs can be promptly handled. Company shall not be responsible for any damages or delays as a result of operating problems or required repairs if the Customer does not promptly notify Company. Customer shall be responsible for all damages to the Equipment while the Equipment is in the possession,custody or control of the Customer. 6. Insurance Requirements For Equipment Rental. a. Coverage. Customer shall procure and maintain at its own expense comprehensive general liability insurance of not less than One Million Dollars($1,000,000)combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury,personal injury,death, loss or damage resulting from the use or operation of the Equipment by Customer or its officers, employees, servants, volunteers,agents and independent contractors.Customer shall further procure and maintain at its own expense commercial vehicle liability insurance covering personal injury and property damage,of not less than One Million Dollars($1,000,000)combined single limit per occurrence,and Two Million Dollars ($2,000,000) in the aggregate,covering the Equipment that names Company as the loss payee. Said policies of insurance shall have deductibles of One Thousand Dollars($1,000) or less. b. Workers Compensation Insurance.Customer shall procure and maintain at its own expense,during the term of this Agreement, workers' compensation insurance, providing coverage as required by the California State Workers'Compensation Law. c. Additional Named Insured. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies,except for Workers'Compensation coverage,shall bear an endorsement whereby it is provided that, Company and its officers, directors, shareholders, members, managers, employees, agents, representatives and lessors are named as an additional insured. d. Proof of Insurance Coverage; Certificates. Customer shall secure from a good and responsible company or companies authorized to do insurance business in the State of California the Pdge 6110 CONTRACTOR # 991274 6168 INNOVATION WAY CARLSBAD CA 92009 , , ti. PETROCHEM MATERIALS INNOVATION, LLC; PMITECHNOLOGY.COM 760-603-0961 policies of insurance required by this Agreement and furnish to Company certificates of said insurance on or before delivery or use of the Equipment by the Customer. Each policy required herein must be endorsed to provide that the policy shall not be cancelled or reduced in coverage unless the insurer has provided Company with thirty (30) days prior written notice of cancellation or reduction in coverage. All insurance policies required to be provided by Customer or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess,maintained or available to Company.The insurance provisions of this Agreement shall in no way modify Customer's duty to indemnify, defend and hold Company harmless pursuant to the terms of this Agreement. Company shall have the right to terminate this Agreement immediately and take possession of the Equipment if the Customer fails at any time to provide and maintain the required insurance or certificates. 7. Trademarks and Intellectual Property. Customer shall not make any use of the Flex Seal®or other Company trademarks, service marks or symbols unless Customer has submitted such proposed use to Company and received Company's express prior written consent. Customer shall not use Company's trademarks,service marks or symbols in Customer's business name or letterhead. Company and its licensor shall be the exclusive owner of the Flex Seal® trademarks, service marks, symbols, trade secrets, confidential information, know how,copyrights and patents together with all Improvements(as defined hereinafter)to any of the foregoing and Customer shall not challenge such exclusive ownership or make any unauthorized use.For purposes of this Agreement, "Improvements" shall mean all inventions, modifications, revisions, alterations, enhancements,betterments,ideas and discoveries (whether or not patentable)conceived or reduced to practice(actually or constructively),either solely or jointly with others. 8. Disclaimer of Warranties. Customer shall be solely responsible for determining whether the goods and Equipment are appropriate for any project or application or whether the goods must be modified to make them suitable for any project or application. Company makes no representation or warranty that the goods or Equipment will be suitable for any particular project or application. It shall be the Customer's sole responsibility to obtain a mix design from a qualified engineer for each project or application. Company shall have no liability for any mix designs used by Customer. COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE GOODS AND EQUIPMENT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF MERCHANTABILITY. COMPANY HAS NO CONTROL OVER THE MATERIAL SUPPLIERS SELECTED BY BUYER OR THE MATERIALS PURCHASED FROM THIRD PARTIES. COMPANY SHALL HAVE NO LIABILITY FOR ANY MATERIALS PURCHASED BY BUYER FROM ANY THIRD PARTIES. BUYER SHALL BE SOLELY RESPONSIBLE FOR VERIFYING THAT ALL MATERIALS OBTAINED BY BUYER FROM THIRD PARTIES ARE COMPATIBLE WITH ANY MATERIALS PURCHASED BY BUYER FROM COMPANY. BUYER SHALL BE SOLELY RESPONSIBLE FOR ADJUSTING AND CALIBRATING BUYER'S EQUIPMENT TO ACCOUNT FOR VARIATIONS IN THE MATERIALS PURCHASED BY BUYER FROM THIRD PARTIES. COMPANY SHALL NOT BE LIABLE FOR ANY CALIBRATION OR OTHER ASSISTANCE THAT MAY BE PROVIDED TO BUYER BY COMPANY. Pages 7110 CONTRACTOR # 991274 6168 INNOVATION WAY, CARLSBAD, CA 92009 PETROCHEM MATERIALS INNOVATION, LLC PMITECHNOLOGY.COM 760-603-0961 9. Limitation of Liability. Company shall not be liable under any circumstances for any special, consequential,incidental, punitive or exemplary damages arising out of or in any way connected with this Agreement to sell goods or rent Equipment to the Customer,including damages for loss of use,lost profits, or damages paid to third parties even if Company has been advised of the possibility of such damages. Customer's exclusive remedy and Company's entire liability to Customer shall be limited to the total invoice price paid or incurred by Customer for the goods and/or Equipment that are the subject of any dispute or claim for damages. Customer shall report all alleged problems with the goods and Equipment to Company immediately. Company shall have no liability for any problems which are not reported immediately. No legal action shall be brought by Customer against the Company for any claim with respect to any goods sold or Equipment rented by Company to Customer more than one (1) year after delivery of such goods or Equipment to the Customer. It is agreed that any cause of action with respect to such goods or Equipment shall accrue as the date of delivery of such goods or Equipment. 10. Relationship of the Parties. Nothing in this Agreement shall restrict Company's right to sell the same or similar goods to third parties. The relationship of the Parties shall be that of purchaser and vendor and/or lessor and lesser, as applicable, and nothing contained in this Agreement shall be construed to create a joint venture,association,agency,partnership or franchise relationship. 11. Termination. Either Party may terminate this Agreement on thirty (30) calendar day written notice. Any such termination shall not affect any accepted orders or the duty of Customer to make payment. 12. Indemnification. Customer shall indemnify, defend, and hold harmless Company and its officers, directors, shareholders, partners, members, managers, agents, employees, attorneys, successors, and permitted assigns with respect to any and all claims, demands, liabilities, judgments, awards,liens,losses, damages, or costs (including reasonable attorneys' fees and expenses) of any kind or nature arising from or in any manner related to (i) any use of the goods purchased or Equipment rented from Company; or (ii) the failure of Customer to observe or perform the covenants and agreements of Customer under this Agreement (hereinafter collectively "Claims") with the exception of Claims caused by the sole negligence of Company. Customer's duty to defend,indemnify and hold harmless the Company shall survive the termination of this Agreement for any reason. 13. Further Assurances. Each of the Parties hereto agrees to execute and deliver any and all additional papers and documents,and to do any and all acts reasonably necessary in connection with performance of its obligations hereunder to carry out the intent of the Parties hereto. 14. Entire Agreement. This Agreement and the documents expressly referenced herein, shall constitute the entire Agreement between the Parties hereto with respect to the subject matter hereof, and shall supersede all prior and contemporaneous agreements, representations and negotiations of the Parties concerning the subject matter hereof and the terms applicable thereto. 15. Amendment. This Agreement may not be supplemented, modified or amended in any marmer,except by an instrument in writing stating that it is a supplement,modification or amendment of this Agreement and signed by each of the Parties hereto. 16. Waiver. No waiver of any of the provisions of this Agreement shall be deemed or constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver. Page 81 10 CONTRACTOR # 991274 6168 INNOVATION WAY CARLSBAD CA 92009 „--, p ,0 PETROCHEM MATERIALS INNOVATION, L LC `;4' PMIT 7E6C0H.6N 003 I....00 9G6Y1.c 0 m 17. Successors and Assigns. All terms and provisions contained herein shall inure to the benefit of and shall be binding on each of the Parties hereto and their respective directors, officers,shareholders, partners, members, managers, employees, agents, heirs, representatives, successors and permitted assigns and each of them. 18. Applicable Law. This Agreement shall be deemed to have been entered into, and shall be construed and interpreted, in accordance with the laws of the State of California without reference to California's application of principles of conflicts of law. 19. Severability. In the event that any provisions hereof are deemed to be illegal or unenforceable, such a determination shall not affect the validity or enforceability of the remaining provisions hereof, all of which shall remain in full force. 20. Form. As used in this Agreement,the masculine,feminine and neuter gender,and singular and plural number shall be deemed to include the other and others whenever the context so indicates. All captions used in this Agreement are for convenience only and shall not be construed in interpreting this Agreement. 21. Time is of The Essence. Time is of the essence for this Agreement and all of the terms, provisions,covenants and conditions hereof. 22. Parties In Interest. Nothing in this Agreement,whether express or implied,is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the Parties to it and their respective successors and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any Party to this Agreement,nor shall any provision give any third persons any right of subrogation or action over or against any Party to this Agreement. 23. Remedies. In addition to any other available remedies, either Party, upon an appropriate showing, shall be entitled to equitable relief including, but not limited to, injunction and specific performance in the event of a breach or threatened breach of this Agreement. No remedy conferred by any specific provision of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder, or now or hereinafter existing at law,in equity,by statute or otherwise. The election of one or more remedies by a Party shall not constitute a waiver of the right to pursue other available remedies. 24. Attorneys' Fees. The prevailing party in any arbitration or legal action arising out of this Agreement shall be entitled to an award of its attorneys' fees,expert witness fees and costs. 25. Nonassi ability. This Agreement may not be assigned by either Party without the express written consent of each of the Parties. For purposes of this Agreement, the prohibition on assignment shall also apply to licenses,sublicenses and subcontractors. 26. Interpretation. This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the parties and the parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. 27. Force Majeure. Company shall not be responsible for any delays or failure to perform for any reason including,but not limited to,fire,flood,strikes,lockouts,accidents,war,terrorist acts,insurrection,Acts Page 9110 CONTRACTOR # 991274 6168 INNOVATION WAY, CARLSBAD, CA 92009 PETROCHEM MATERIALS INNOVATION, LLC PNUTECHNOLOGY.COM 760-603-0961 of God, inclement weather, delays in transportation, Equipment failure, shortage of Equipment, governmental interference or regulation,or any other reason beyond Company's reasonable control. 28. Waiver. No waiver shall be binding, unless executed in writing by the Party making the waiver. No waiver of any provision of this Agreement shall be deemed,or shall constitute,a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement. 29. Captions and Headings. The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading. 30. Notices. All notices required or permitted under this Agreement shall be in writing, shall be sent to the Party's address as set forth immediately below, shall reference this Agreement,and shall be deemed given (i) when delivered personally; (ii) three (3) days after having been sent by registered or certified mail,return receipt requested,postage prepaid;or(iii)one day after deposit with a commercial overnight carrier with verification of receipt. "Company" Petrochem Materials Innovation,LLC 6168 Innovation Way Carlsbad,CA 92009 "Customer" Any correctly addressed notice that is refused, unclaimed, or undeliverable because of any act or omission of the Party to be notified will be deemed effective as of the first date that the notice was refused,unclaimed,or deemed undeliverable by the postal authorities,messenger,or overnight delivery service.A Party may change its address for purposes of receiving notices by giving notice of said change of address in the manner provided for herein. 31. Arbitration. Any and all controversies, claims and disputes arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration in the County of San Diego, State of California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitrator shall be an attorney admitted to practice law in the State of California with at least fifteen (15) years of business law experience. The award rendered by the arbitrator shall be final and non-appealable and may be entered as a final judgment in any court having jurisdiction thereof.The award of the arbitrator shall be in the form of findings of fact and conclusions of law and shall set forth in detail the legal and factual basis of the decision. Page 10110 CONTRACTOR # 991274 6168 INNOVATION WAY CARLSBAD, CA 92009 ATTACCI I CITY OF LOS ANGELES CON ' CT 59680 CONTRACT NO: VERSION DATE TERM CONTRACT AWARD %«" ' I MA-B.2440097-I 4kW INTERNAL SERVICES DEPARTMENT .'' ; w PROCUREMENT FOLDER: 2713122 BUYER: Peter Dame ,_.. _. . ..... PHONE: 323.267 2297 EMAIL: tetenavtaiteddacounty.g v PETROCHEM MATERIALS INNOVATION L LC s VENDOR NO: 169499 6168 INNOVATION WAY CONTACT: FRANK HOFF PHONE: 760403.0961 [CARLSBAD CA 92009 FISCAL YEAR:...... 1 EFFECTIVE DATE: 0I/09124 EXPIRATION: 01I08/27 REAS EMULSIONS-3 YEAR AGREEMENT NNE 1 O COMMODITY/SERVICEDESCRIPTION QUANTITY UOM PRICE TYPE. VALUE I I COMMODITY CODE:745-84-00-048439 0.00011GAL ITEM $2.1390000 j REAS TYPE I CENTRAL MIX 2 COMMODITY CODE:745-1M-00 048440 0.000 GAL arm $2.5520000` I REAS TYPE 2 CENTRAL MIX 1 1 3 COMMODITY CODE:74S-8440048441 0000 GAL ITEM $2.520000 i REAS TYPE 3 CENTRAL MIX 4 COMMODITY CODE:770-09-004326337 0.000 GAL ITEM $4000000 CIR EMULSION 51 COMMODITY CODE:745-84-00-048439 0A00, GAL ITEM $2.650000 TYPE II RAP CENTRAL MIX 6 COMMODITY CODE:745.84-00-048439 M000_ GAL ITEM $2.800000; TYPE II CENTRAL MIX(W/76.22 BINDER) 7 COMMODITY CODE:745-8400-048439 0.000 TON C ITEM $80000i I MODIFIED ASPHALT BINDER(WITH A/C) 8 COMMODITY CODE:745-84-00-048439 0:000 GAL 1 ITEM $3A00000 I TYPE FINE CENTRAL MIX(WITH A/C) 9 COMMODITY CODE:745-84000448439 0,000'' MILE ITEM $0ti00000'. MATERIAL DELIVERY DELIVERY CHARGES BASED ON A^PER GAL/PER MILE"COST(ONE WAY)TO DELIVER THE MATERIAL FROM THE PLANT TO THE DELIVERY LOCATION I 10 I COMMODITY CODE:745-84-00.048439 0.000 LOAD ITEM $300.000000 SELF-CONTAINED AGITATOR TANKER-RENTAL 3,000.4,000 GALLON P /EACH LOAD g'e C V' Pe. 01N012024 0u18 PM PSI 7Z. Pram itramik 16® oveerde4 0124 PM PST COUNTY OF LOS ANGELES VENDOR SIGNATURE/DATE RICE SHEET TERM CONTRACT AWARD CONTRACT NO: MA-IS-2440097-1 .-........Pace 2 LINE. NO s COMMODIIY/SERVICEDESCRIPTION QUAN1TIY UOM PRICE TYPE I VALUE II COMMODITY CODE 745-84-00-048439 0.000 HOUR ITEM $405.000000 x SLURRY TRUCK WITH DRIVER 12 COMMODITY CODE:745.84-00-048439 0.000 DAY ITEM $350.000000 SLURRY BOX-BARE 131COMMODITY CODE:745-84-00-048439 0.000 DAY 1 ITEM 3 $1960.0000(x1 1 I PUMPER-TRANSFER OPERATOR INCLUDING UTILITY TRUCK&PUMP 14 COMMODITY CODE 745-84-00-048439 0.000k HOUR ITEM $285.000000 APPLICATION TRUCK-BARE I� { P 15 COMMODITY CODE:745.84-00-048439 0.000 DAY ITEM $350.000000 SERVICE HAUL TRUCK-BARE 16 COMMODITY CODE 745-84-00-048439 0.000 HOUR ITEM $306.000000 x RENTAL-SWEEPER(OPERATED) 17'COMMODITY CODE 745.84.00-048439 0.000 HOUR ITEM $408.000000 I RENTAL-SWEEPER OVERTIME(OPERATED) 18 COMMODITY CODE:745-84-00-048439 0.000 HOUR ITEM $408.000000 RENTAL-SWEEPER SUNDAY/HOLIDAY(OPERATED) 19ICOMMODITY CODE:745-84-00-048439 0.00011 DAY ITEM $2000.000000 SUPERVISOR 1 TRAINER(PER DAY/PER TRAINER) 1 201COMMODITY CODE 745-84-00.448439 0-0001 HOUR ITEM ( $120.000000 z 1 LABOR:OPERATORS,SQUEEGEE MEN,DRIVERS. 1 PUMPERS&POSTING&NOTIFYING LABOR 21 CMMODITY CODE:745-84-00-048439 0.0001 HOUR ITEM ,$173.000000 ' j LABOR:OVERTIME RATE-WEEKDAY t 22 COMMODITY CODE:745-84•00-048439 a 0.0001 HOUR ITEM $173.000000 LABOR:OVERTIME RATE-WEEKEND i 231 COMMODITY CODE 745-84-00-048439 0.0001 DAY ITEM $2000.000000 1 "TRAFFIC CONTROL BARRICADES-BARE 241COMMODITY COOL 745-84-00-048439 0.00311 EA ITEM $204.000000 { TRAFFIC CONTROL PLANS-PER PAGE f 1 25 COMMODITY CODE:745-84-00-048439 0.0001 EA ITEM $225.000000 TRAFFIC CONTROL CHANGEABLE MESSAGE SIGNS 1•EACH PER DAY 1 1_,_ 26 COMMODITY CODE 745-84-00-048439y„ 0.000 EA ITEM 1 $25(X)000000 CONTRACT A-IS-2 =IV7-1 Page 3 EBB_ , NO. 1 COMMODDY/SCR VICE DESCR I` N QUA 1 UOM PRICE "` VALUE s PLANT O NG FEES: SATURDAY,SUNDAY,HOLIDAY 27 COMMODITY CODE:745-84 r 118439 0.11 I€ GAL ITEM 1 $1,5 I i RESTOCKING OF UNUSED ATE IAi BROUGHTRACK TO THE PLANT ( 1 (END FP 1 l•NOT TO EXCEED SI,500,00 PER TRUCK OR i' 1 'LER 28/COMMODITY CODE:745-84 -048439 0.000 HOUR ITEM 1 a 0. I STAND-BY TI 1 I j1 1 I 1 l } 1 I r 1 1 r Ij I 1 a z a i 1 a 1 It I 11 SPECIAL TERMS&CONDITIONS !TERM CONTRACT AWARD CONTRACT NO: MA-IS-2440097-1 Page 4 1A)SPECIAL TERMS AND CONDITIONS 1.1 THE AGREEMENT PERIOD IS FROM 01-09-2024 TO 01-08-2027,INCLUSIVE,WITH OPTION TO EXTEND FOR ADDITIONAL TWO(2)12 MONTH PERIODS BY MUTUAL CONSENT. 1.2 UTILIZATION RECAPITULATION REPORT:120 DAYS PRIOR TO TERMINATION OF AGREEMENT VENDOR SHALL FURNISH THE COUNTY OF LOS ANGELES WITH A LIST SHOWING AMOUNT OF EACH ITEM DELIVERED.THIS LIST SHALL BE BY INDIVIDUAL ITEM AND SHALL SHOW THE TOTAL DELIVERED TO COUNTY OF LOS ANGELES DURING THE PRIOR YEAR OR PORTION THEREOF.IN ADDITION.A TOTAL DOLLAR VALUE SOLD TO ALL PARTICIPATING AGENCIES DURING THE SAME PERIOD BE FURNISHED. 1.3 PLACING ORDERS: FRANK B.HOFFMAN PHONE:(760)603-0961 FAX:(760)603-0962 EMAIL:FRANK OPMITECHNOLOGY.COM IA F.O.B.:DESTINATION 1.5 DELIVERY: 1 DAY AFTER RECEIPT OF ORDER 1.6 CASH DISCOUNT:1%IN 20 DAYS.NET 30 DAYS 1.7 A PRICE ESCALATOR/DE-ESCALATOR PROVISION WILL APPLY ONLY ON THE PRICE OF REAS CENTRAL MIX.TYPE I.II AND III ON ANNUAL BASIS PER PROPOSAL SUBMITTED BY PETROCHEM MATERIALS INNOVATION,LLC IN A LETTER DATED DECEMBER 14.2023.THE PROVISION WITH THE FORMULA TO BE USED FOR THE PRICE ADJUSTMENT ARE ATTACHED TO THIS AGREEMENT, 1,8 ALL OTHER TERMS AND CONDITIONS IN ACCORDANCE WITH SOLICITATION// RFB-IS-24200342 1.9 CANCELLATION: THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO CANCEL ANY AGREEMENT FORMULATED FROM THIS INQUIRY,UPON 30 DAYS WRIT1EN NOTICE.VENDOR MAY CANCEL ANY AGREEMENT FORMULATED FROM THIS INQUIRY AFTER INITIAL YEAR OF THE AGREEMENT PERIOD,UPON 90 DAYS WRITTEN NOTICE.THE COUNTY MAY CONTINUE TO PLACE ORDERS AGAINST THE AGREEMENT UNTIL THE EFFECTIVE DATE OF SUCH CANCELLATION. 1_10 CANCELLATION:THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO CANCELTHIS AGREEMENT/PURCHASE ORDER IF DELIVERY OR SERVICES PROVE UNSATISFACTORY(DEFAULT) AND MAY PROCURE THE ARTICLES OR SERVICES FROM OTHER SOURCES AND MAY DEDUCT FROM UNPAID BALANCE DUE THE VENDOR AND/OR MAY COLLECT AGAINST THE BOND OR SURETY FOR EXCESS COSTS SO PAID.THE PRICES PAID BY THE COUNTY OF LOS ANGELES SHALL BE CONSIDERED THE PREVAILING MARKET PRICE AT THE TIME SUCH PURCHASE IS MADE. COUNTY OF LOS ANGELES SHALL BE SOLE JUDGE AS TO SATISFACTORY PERFORMANCE. LI I INSURANCE COVERAGE REQUIREMENTS: GENERAL LIABILITY:INSURANCE(WRITTEN ON ISO POLICY FORM CG 00 01 OR ITS EQUIVALENT)WITH LIMITS OF NOT LESS THAN THE FOLLOWING: GENERAL AGGREGATE:52 MILLION PRODUCTS/COMPLETED OPERATIONS AGGREGATE:$2 MILLION PERSONAL AND ADVERTISING INJURY:$ MILL JON EACH OCCURRENCE:$1 MILLION 1.12 AUTOMOBILE LIABILITY:INSURANCE(WRITTEN ON ISO POLICY FORM CA 00 01 OR ITS EQUIVALENT)WITH A LIMIT OF LIABILITY OF NOT LESS THAN$I MILLION FOR EACH ACCIDENT.SUCH INSURANCE SHALL INCLUDE COVERAGE FOR ALL"OWNED","HIRED"AND "NON-OWNED"VEHICLES.OR COVERAGE FOR"ANY AUTO". 1.13 WORKERS COMPENSATION AND EMPLOYER'S LIABILITY:INSURANCE PROVIDING WORKERS COMPENSATION BENEFITS.AS REQUIRED BY THE LABOR CODE OF THE STATE OF CAU FOR NIA SPECIAL TERMS&CONDITIONS TERM CONTRACT AWARD 1 I CONTRACT NO: MA-IS-2440097-1 Page OR BY ANY OTHER STATE,AND FOR WHICH CONTRACTOR IS RESPONSIBLE.IF CONTRACTORS EMPLOYEES WILL BE ENGAGED IN MARITIME EMPLOYMENT.COVERAGE SHALL PROVIDE WORKERS COMPENSATION BENEFITS AS REQUIRED BY THE U.S.LONOSHORE AND HARBOR WORKERS COMPENSATION ACT,JONES ACT OR ANY OTHER FEDERAL LAW FOR WHICH CONTRACTOR IS RESPONSIBLE, IN ALL CASES,THE ABOVE INSURANCE ALSO SHALL INCLUDE EMPLOYERS'LIABILITY COVERAGE WITH LIMITS OF NOT LESS THAN THE FOLLOWING: EACH ACCIDENT:SI MILLION DISEASE-POLICY LIMIT:SI MILLION DISEASE-EACH EMPLOYEE:$1 MILLION 1.14 INSURANCE CERTIFICATES: CERTIFICATES OR AFFIDAVITS OF INSURANCE FOR PUBLIC LIABILITY,PROFESSIONAL LIABILITY,PROPERTY DAMAGE AND WORKER'S COMPENSATION MUST BE ON FILE IN THE OFFICE OF COUNTY PURCHASING AGENT THROUGHOUT THE PERIOD OF THIS AGREEMENT/PURCHASE ORDER.IF INSURNCE POLICIES ON WHICH THE CERTIFICATES OR AFFIDAVITS ARE ISSUED ARE CANCELLED OR CHANGED DURING THE PERIOD OF SUCH INSURANCE COVERAGE,WRI 1 IEN NOTICE MUST BE RECEIVED BY THE COUNTY PURCHASING DEPARTMENT AT LEAST 30 DAYS PRIOR TO EI.EECTIVE DATE OF SUCH CANCELLATION OR CHANGE. 1.15 INSURANCE:RESPONSIBILITY FOR OBTAINING EVIDENCE OF VENDOR INSURANCE FOR THE PROTECTION OF THE COUNTY RESTS WITH THE ORDERING DEPARTMENT,CERTIFICATES OF PUBLIC LIABILITY AND PROPERTY DAMAGE AND WORKERS COMPENSATION INSURANCE MUST BE ON FILE IN OFFICE OF ORDERING DEPARTMENT BEFORE WORK CAN COMMENCE.ALL OPERATION OF VENDORS MUST BE COVERED,INCLUDING AUTOMOTIVE AND PREMISES OPERATIONS. STANDARD TERMS& CONDITIONS I TERM CONTRACT AWARD Page CONTRACT NO: MA-IS-2440097-1 6 el_ The County of Los Angeles accepts your offer to furnish our requirements(and such requirements es may be ordered by cities and/or districts indicated herein)of the fisted commodity,or service,as needed,subject to conditions of the stated quotation and as provided herein.All Purchase Agreements,Purchase Orders and Contracts will be deemed to be made and entered into the State.of California under the constitution and laws of this state and are to be so construed. PRICE GUARANTEE:Unless otherwise provided herein,prices are maximum for the period of this agreement.In the event of a price decline.or.should you at any time during the life of this agreement sell the same material or service under similar quantity and deliver conditions to the State of California,or legal district thereof,or to any county or Municipality within the State of California at prices below those stated herein,you will immediately extend such lower prices to the County of Los Angeles. ATTENTION:VENDOR/DEPARTMENT-SPECIAL NOTE:County departments arc not authorized to use this agreement es a purchasing source for products not specifically covered herein.Changes of items,equipment,or modifications to prices, specifications,or conditions.etc..of this agreement can be made only by the Purchasing Agent by issuance of official amendment and in accordance with properly authorized changes agreed upon prior to consummation. Los Angeles County will not pay for items not listed below that have not been processed in accordance with the above paragraph. Vendor will incur payment problems. County's Quality Assurance Plan.The County or its agent will evaluate Contractor's performance under this agreement on not less than annual basis.Such evaluation will include assessing Contractor's compliance with all contract terms and performance standards. Contractor deficiencies which County's determines arc severe or continuing and that may place performance of the agreement in jeopardy if not corrected will he reported to the Board of Supervisors.The report will include hnpmvementiconective action measures taken by the County and Contractor.if improvement does not occur consistent with the corrective action measures,County may terminate this agreement or impose other penaltiesas specified in this agreement. CONTRACTOR RESPONSIBILITY AND DEBARMENT I.A responsible Contractor is a Contractor who has demonstrated the attribute of trustworthiness.as well as quality,fitness.capacity and experience to satisfactorily perform the contract.It is the County's policy to conduct business onlywith responsible contractors. 2.The Contractor is hereby not fied that.in accordance with Chapter 2.202 of the County Code.if the County acquires information concerning the performance of the contractor on this or other contracts which indicates that the Contractor is not responsible,the County may,in addition to other remedies provided in the contract,debar the Contractor from bidding on County contracts for a specified period of time not to exceed 5 years.and terminate any or all existing contracts the Contractor may have with the County. 3.The County may debar a contractor if the Board of Supervisors finds,in its discretion,that the Contractor has done any of the following:(1)violated any term of a contract with the County,(2)committed any act or omission which negatively reflects on the Contractor's quality.fitness or capacity to perform a contract with the County or any other public entity,or engaged in a pattern or practice which negatively reflects on same,(3)committed an act or offense which indicates a lack of business integrity or business honesty,or(4)made or submitted a false claim against the County or any other public entity. 4.If there is evidence that the Contractor may be subject to debarment,the Department will notify the Contractor in writing of the evidence which is,the basis for the proposed debarment and will advise the Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board. 5.The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented.The Contractor and/ or the Contractor's representative shall be given an opportunity to submit evidence at that hearing.After the hearing,the Contractor Hearing Board shall prepare a proposed decision,which shall contain a recommendation regarding whether the contractor should be debarred.and,lista,the appropriate length of time of the debarment.If the Contractor fads to avail itself of the opportunity to submit evidence to the Contractor Hearing Boani,the Contractor may be deemed to have waived all rights of appeal. 6.A record of the hearing.the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors.The Board of Supervisors shall have the right to modify,deny or adopt the pmposed decision and recommendation of the Hearing Board. 7.These terms shall also apply to(subconuectons/subconsultants)of County Contractors. STANDARD TERMS&CONDITIONS .TERM CONTRACT AWARD CONTRACT NO: MA-IS-2440097.1 Page 7 PROT-IIBITfON AGAINST USE OF CHILD LABOR VENDOR shall: 1.Not knowingly sell or supply to COUNTY any products,aoods,supplies or other personal property produced or manufactured in violation of child labor standards set by the International Labor Organizations through its 1973 Convention concerning Minimum Age for Employment. 2.Upon request by COUNTY,identify the couturykountries of origin of any products.goods,supplies or other personal property bidder sells or supplies to COUNTY,and 3.Upon request by COUNTY,provide to COUNTY the manufacturer's certification of compliance with all international child labor conventions. Should COUNTY discover that any products,goods,supplies or other personal property sold or supplied by VENDOR to COUNTY are produced In violation of any international child labor conventions.VENDOR shall immediately provide an alternative,compliant source of supply. Failure by VENDOR to comply with the provisions of this clause will be grounds for immediate cancellation of this Purchase_Order or termination of this Agreement and award to an alternative vendor. A. Jury Service Program. This Contract is subject to the provisions of the County's ordinance end tied Contractor Employee Jury Service("Jury Service Program")as codified in Sections 2.2(13.010 through 2.203.090 of the Los Angeles County Code. Should COUNTY discover that any products,goods,supplies or other personal property sold or supplied by VENDOR to COUNTY are produced in violation of any international child labor conventions.VENDOR shall immediately provide an alternative,compliant source of supply. B.Written Employee July Service policy. 1. Unless Contractor has demonstrated to the County's satisfaction either that Contractor is not a"Contractor"as defined under die Jury Service Program(Section 2.203.020 of the County Code)or that Contractor qualifies for an exception to the July Service Proeram(Section 2.203.070 of the County Code).Contractor shall have and adhere to a written policy that provides that its Employees shall receive from the Contractor,on an annual basis,no less than five days of regular pay for actual jury service.This policy may provide that Employees deposit any fees received for such jury service with the Contractor or that the Contractor deduct from the Employee's regular pay the fees received for jury service. 2. For purposes of this Section."Contractor"means a person,partnership,corporation or other entity which has a contract with the County or a subcontract with a County contractor and has received Or will receive an aggregate sum of$50,000 or more in any 12- month period under one or more County contracts or subcontracts."Employee means any California resident who is a full time employee of Contractor."Full time'means 40 hours or more worked per week,or a lesser number of hours if the lesser number is a recognized industry standard and is approved as such by the County.If Contractor uses any subcontractor to perform services for the County under the Contract,the,subcontractor shall also be subject to the provisions of this Section,The provisions of this Section shall be inserted into any such subcontract agreement and a Copy of the Jury Service Program shall be attached to the agreement. STANDARD TERMS&CONDITIONS 1:TERM CONTRACT AWARD Page CONTRACT NO: MA-IS-2440097-1 3. If Contractor is not required to comply with the Jury Service Fragrant when the Contract commences,Contractor shall have a continuing obligation to review the applicability of its"exception status"from the Jury Service Program,and Contractor shall immediately notify County if Contractor at any time either comes within the Jury Service Program's definition of"Contractor'or if Contractor no longer qualifies for on exception to the Program.In either event,Contractor shall immediately implement a written policy consistent with the Jury Service Program.The County may also require,at any time during the Contract and at Its sale discretion,that Contractor demonstrate to the county's satisfaction that Contractor either continues to remain outside of the Jury service Program's definition of"Contractor"and/or that Contractor continues to qualify for an exception to the Program. 4. Contractor's violation of this Section of the contract may constitute a material breach of the Contract.In the event of such material.breach.County may.in its sole discretion.terminate the Contract and/or bar Contractor from the award of future County contracts for a period of time consistent with the seriousness of the breach. PRICE SPECIFIC CONTRACTS AND PURCHASE ORDERS Vendors are entitled to receive payment for goods received by,or services provided to the county specific to the Contract or Purchase Order price amount.Under no circumstances will those Suppliers,Contractors or Vendors who supply goods or otherwise contract services with the County of Los Angeles be entitled to or paid for expenditures beyond the Contract or Purchase Order amounts. Vendors are prohibited front accepting prepayment for goods or services without the express written approval of the County Purchasing Agent. ASSIGNMENT BY CONTRACTOR A. Contractor shall not assign its rights or delegate its duties under the Agreement,or both whether in whole or in part,without the prior written consent of County,in its discretion,and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph,County consent shall require a written amendment to the Agreement,which is formally approved and executed by the parties.Any payments by county to any approved delegate or assignee on any claim under the Agreement shall be deductible.at County's sole discretion,against the claims which Contrector,may have against county. B. Shareholders,partners,members,or other equity holders of Contractor may transfer,sell exchange,assign,or divest themselves of any interest they may have therein.However,in the event any such sale,transfer,exchange.assignment,or divestment is effected in such a way as to give majority control of Contractor to any person(s),corporation,partnership,or legal entity other than the majority controlling interest therein at the time of execution of the Agreement,such disposition is au assignment requiring the prior written consent of County in accordance with applicable provisions of this Agreement. C. Any assumption,assignment,delegation,or takeover of any of the Contractor's duties.responsibilities,obligations,or performance of same by any entity other than the Contractor,whether through assignment,subcontract,delegation,merger,buyout,or any other mechanism,with or without consideration for any reason whatsoever without county's express prior written approval,shall be a material breach of the Agreement which may result in the termination of the Agreement.In the event of such termination.County shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of default by Contractor. DEFAULT METHOD OF PAYMENT:DIRECT DEPOSIT OR ELECTRONIC FINDS TRANSFER(Ern I. The County,at its sole discretion,has determined that the most efficient and secure default form of payment for goods and/or services provided under an agreement or contract with the County shall be Electronic Funds Transfer(E,Fn or direct deposit,unless an alternative method of payment is deemed appropriate by the Auditor-Controller(A-C). 2. The Contractor shall submit a direct deposit authorization request via the website heps://directdeposit.lacounty.gov with banking and vendor information,and any other information that the A-C deten'nines is reasonably necessary to process the payment and comply with all accounting,record keeping,and tax reporting requirements. 3. Any provision of law,grant,or funding agreement requiring a specific form or method of payment other than Ell or direct deposit shall supersede this requirement with respect to those payments. FEDERAL UNIFORM GUIDELINE CLAUSE By entering into this Contract/Purchase Order.the Contractor/Vendor agrees to comply with all applicable provisions of Title 2. Subtitle A,Chapter II,PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS.COST PRINCIPLES,AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R.§200 et seq. , ' ' � U " | PETROCHEM MATERIALS INNOVATION, L.LC PMITECHNOLOGY.CAM 760-603-0961 December 14,2023 Attention:Peter Genov Purchasing&Contracts Analyst,Construction Acquisitions County of Los Angeles-Internal Services Department Subject:County of Los Angeles—Slurry,Pre-mix,REAS RFQ: RFB-IS-24200342-1 Dear Peter, As part of our quote on the above project,we request to include a price escalator/de-escalator only on the price of REAS Central Mix,Types I,II and IL These would be the RFQ line items 1,2,3,S and 6. With the fluctuating price of liquid asphalt used in making emulsion,we would like to propose a formulation to determine the price of the REAS Central Mix products that Is used annually on an anniversary date. This is exactly what we do in our contract with the City of Los Angeles. I have attached a sample calculation if at the anniversary date of 12/20/2024 the cost of our liquid asphalt hypothetically Increased by$40/ton. The basic primus is the following: In each gallon of Premix REAS Type I there is the equivalent of: 36.17% 4.70 lbs of Emulsion/Asphalt 63.83% 8.30 lbs of slurry aggregate in each gallon of Premix REAS Type II and Ill there are the equivalent of: 25.37% 3.42 lbs of Emulsion/Asphalt 74.63% 10.08 lbs of slurry aggregate As per the calculation,If the price that we pay for liquid asphalt increases by$40/ton,then the price of the REAS would increase for the next 12 months by$0.06 and$0.04 respectfully, Conversely,if the price of asphalt decreases by$40/ton,then the price of the REAS would decrease for the next 12 months by$0.06 and$0.04 respectfully. Sincerely, Frank B.Hoffman C.F.D. t„,; TRACTOR 2",41 , , 61 e IN NON,A ,0 ".;WAl L . L C.A a0 'I l s1 PI-.-,e see the attached narrative and copies of in . - for the j . '-_•.n for this I - 4 e. - Contract In. - se Prop• • Dec 20,2023 as justi red by the Dec 20, • • r. 1; . _1. .- . Price it Item rgt�onwm Hw _-Yw 1 = ,_ I $ 2.89 $ 0.06 $ 2.95 2 Premix REAS type II $ 2.52 $ 0.04 $ 2.58 3 .'.>mix REAS III $ 2.52 $ 0.04 $ 2.57 In =-- gallon of Premix ` • Type I there is the • ivalent of: 36.17%4.70 lbs of Emulsion/Asphalt 63.83%8.30 lbs of slurry aggr=•-to in each on of ix .' • Type II and III th are the equivalent of: 25.37% 3.42lbs of Emulsion/Asphalt 74.83% 10.08 lbs of slurry= •ate • , t • '-_,:;at r_• mber 2024 for PG 70-10 rise to$ .-'.00 per Liquid ton. Asp# f- ' on D= . ber 2023 for 70-10 _, ,!4..: per Liquid ton as bid in current ... - ti Emulsion for I• _w _-._ As•_ -,tP'. 1 1/2024 $ -••.Q0 Asphalt Prices 1 ,1 123 $ 515.00 I .. •In Asphalt 011 • per ton $ 40.00 Cost . t = = per lb.( 1.00/2,1 1 1) $ 0.02000 2.95 lbs of As' (4.71bs•63%) 2.98 In» e per gallon of - Type I $ 0.06 Asphalt Emulsion for T •a 5 II and ill/1 T ! y : Asphalt- - 1 r 41 K. $ 555.00 Asphalt- .- 1 -1 .123 $ 515.00 Increase In Asphalt Oil »=, per ton $ 40.00 f increase per lb. ' 3 0.00/2,1 4 0) S 0.1: ►00 2.15 lbs of Emulsion(3.42 lbs*63%) 2.15 Inc a per • on of - Types II and 111 $ 0.4 Asphalt Pri.= at !- mber 1 • for PG 76-22 rise to$875.00 per liquid ton. Asphalt Prices on December 2023 for 76-22 was.(. .;" x, 'per liquid ton as bid In - contract. Asphalt EmulsionforTy. 8 p ' ): 1 1 024 L . .. ._n $ 875.00 As• t Prices 1 • .:tP---s1 1"023 S 835.00 Inc • a in Asphalt Oil • per ton 3 40.00 • in. -=se per lb.($40.00/2,000) $ 0.1 190 2.15 lbs of Emulsion(3.42 lbs'63%) 2.15 In a gallon of R Types 11 w/76-22 Binder $ 0.04 Deli :1 Day A R 0 ATTAC- I .__ NT H • "S OF PROG' I ED ST` ETS ",>. ma�aw. ` ' ,.r..:,. "x;,;''',.;, c,js.''" . x,.,a irSia1 r -tol "d'"' s..'r �,Yt e ;;},,``k,-•*.,,>; '"� ', ",,,13;. dam. t,, `tip,,', .k ,� , :' fir°k, t', t'" 44 a. y ti _ I, 11,, 11 44, 4 � _. 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