Eurovia Atlantic Coast LLC

Contract # 38088 Amendment # 3 Revision Date: 08/05/2021 STATE OF VERMONT CONTRACT AMENDMENT It is hereby agreed by and between the State of Vermont, Department of Buildings and General Services, Office of Purchasing & Contracting (the "State") and Eurovia Atlantic Coast, LLC, with a principal place of business in Chantilly, VA (the "Contractor") that the contract between them originally dated as of April 15, 2019, Contract # 38088, as amended to date, (the “Contract”) is hereby amended as follows: I. Contract Term. The Contract end date, wherever such reference appears in the Contract, shall be changed from January 31, 2022, to January 31, 2023. Taxes Due to the State. Contractor certifies under the pains and penalties of perjury that, as of the date this contract amendment is signed, the Contractor is in good standing with respect to, or in full compliance with a plan to pay, any and all taxes due the State of Vermont. Child Support (Applicable to natural persons only; not

applicable to corporations, partnerships or LLCs). Contractor is under no obligation to pay child support or is in good standing with respect to or in full compliance with a plan to pay any and all child support payable under a support order as of the date of this amendment. Certification Regarding Suspension or Debarment. Contractor certifies under the pains and penalties of perjury that, as of the date this contract amendment is signed, neither Contractor nor Contractor’s principals (officers, directors, owners, or partners) are presently debarred, suspended, proposed for debarment, declared ineligible or excluded from participation in federal programs, or programs supported in whole or in part by federal funds. Contractor further certifies under pains and penalties of perjury that, as of the date this contract amendment is signed, Contractor is not presently debarred, suspended, nor named on the State’s debarment list at: http://bgs.vermont.gov/purchasing-contracting/debarment This document consists of 1 page. Except as modified by this Amendment No. 3, all provisions of the Contract remain in full force and effect. The signatures of the undersigned indicate that each has read and agrees to be bound by this Amendment to the Contract. STATE OF VERMONT Eurovia Atlantic Coast, LLC By: ________________________ By: ___________________________ Name: _____________________ Name: ________________________ Title: ______________________ Title: _________________________ Date: _______________________ Date: _________________________ Jennifer M.V. Fitch BGS Commissioner http://bgs.vermont.gov/purchasing-contracting/debarment 1 BITUMINOUS CONCRETE PATCHING MATERIAL, QPR NO VOC HIGH PERFORMANCE MIX 0.00 0.00 0.01000TON 1. Parties. This is a contract for commodities between the State of Vermont, on behalf of the Agency of Transportation (hereinafter called "State"), and Northeast Paving, with a principal place of business in Charlotte, NC, (hereinafter called "Contractor"). Contractor's form of business organization is Corporation. It is Contractor's responsibility to contact the Vermont Department of Taxes to determine if, by law, Contractor is required to have a Vermont Department of Taxes Business Account Number. 2. Subject Matter. The subject matter of this contract is commodities generally on the subject of Bituminous Concrete Patching Material. Detailed requirements to be provided by Contractor are described in Attachment A. 3. Maximum Amount. In consideration of the commodities to be provided by Contractor, the State agrees to pay Contractor, in accordance with the payment provisions specified in Attachment B, a sum not to exceed $250,000.00. 4. Contract Term. The period of contractor's performance shall begin on April 16, 2019 and end on January 31, 2020, a period of 8-months, with Two (2) 12-month period renewal options. 5. Prior Approvals. This Contract shall not be binding unless and until all requisite prior approvals have been obtained in accordance with current State law, bulletins, and interpretations. 6. Amendment. No changes, modifications, or amendments in the terms and conditions of this contract shall be effective unless reduced to writing, numbered and signed by the duly authorized representative of the State and Contractor. 7. Termination for Convenience. This contract may be terminated by the State at any time by giving written notice at least thirty (30) days in advance. In such event, Contractor shall be paid under the terms of this contract for all services provided to and accepted by the State prior to the effective date of termination. 8. Attachments. This contract consists of eleven (11) pages including the following attachments which are incorporated herein: Attachment A - Statement of Work Attachment B - Payment Provisions Attachment C - "Standard State Provisions for Contracts and Grants" a preprinted form (revision date 12/15/2017) 9. Order of Precedence. Any ambiguity, conflict or inconsistency between the documents comprising this contract shall be resolved according to the following order of precedence: (1) Standard Contract (2) Attachment C (Standard Contract Provisions for Contracts and Grants) (3) Attachment A (4) Attachment B SALES POC INFORMATION: JOSEPH J. SPRING. 413-562-6711. Joseph.Spring@eurovia.us . IF YOU HAVE ANY QUESTIONS REGARDING THIS DOCUMENT PLEASE CONTACT: BRIAN BERINI SENIOR PURCHASING AGENT PHONE: 802-828-2217 FAX: 802-828-2222 brian.berini@vermont.gov CONTRACT State of Vermont Contract ID 0000000000000000000038088 Page 1 of 2 Contract Dates 04/16/2019 to 01/31/2022 Origin CPS Description: CPS-Bituminous Concrete Contract Maximum $250,000.00 Buyer Name Buyer Phone Contract Status Trevor R Lewis Approved Buildings and General Services Office of Purchasing & Contracting 109 State St Montpelier VT 05609-3001 USA Supplier 0000375736 Eurovia Atlantic Coast LLC A Div.of Eurovia Atlantic Coast LLC 14500 Avion Parkway, Suite 310 Chantilly VA 20151 USA Phone #: Unit Max Max Line # Item ID Item Desc UOM Price Qty Amt STATE OF VERMONT CONTRACT AMENDMENT #2 It is hereby agreed by and between the State of Vermont, Office of Purchasing and Contracting (the "State") and Eurovia Atlantic Coast LLC., with a principal place of business in Chantilly, VA (the "Contractor") that the contract between them originally dated as of April 16, 2019, Contract # 38088, as amended to date, (the "Contract") is hereby amended as follows: I. Contract Term. The Contract end date, wherever such reference appears in the Contract, shall be changed from January 31, 2021 to January 31, 2022. Taxes Due to the State. Contractor certifies under the pains and penalties of perjury that, as of the date this contract amendment is signed, the Contractor is in good standing with respect to, or in full compliance with a plan to pay, any and all taxes due the State of Vermont. Child Support (Applicable to natural persons only; not applicable to corporations, partnerships or LLCs). Contractor is under no obligation to pay child support or is in good standing with respect to or in full compliance with a plan to pay any and all child support payable under a support order as of the date of this amendment. Certification Regarding Suspension or Debarment. Contractor certifies under the pains and penalties of perjury that, as of the date this contract amendment is signed, neither Contractor nor Contractor's principals (officers, directors, owners, or partners) are presently debarred, suspended, proposed for debarment, declared ineligible or excluded from participation in federal programs, or programs supported in whole or in part by federal funds. Contractor further certifies under pains and penalties of perjury that, as of the date this contract amendment is signed, Contractor is not presently debarred, suspended, nor named on the State's debarment list at: http://bgs.vermont.gov/purchasing-contracting/debarment This document consists of 2 pages. Except as modified by this Amendment No. 2, all provisions of the Contract remain in full force and effect. WE THE UNDERSIGNED PARTIES AGREE TO BE BOUND BY THIS CONTRACT By the STATE of VERMONT By the CONTRACTOR Date:__________________________________________ Date:__________________________________________ Signature:_____________________________________ Signature:_____________________________________ Name:__________________________________________ Name:__________________________________________ Title:_________________________________________ Title:_________________________________________ Email:_________________________________________ Email:_________________________________________ CONTRACT State of Vermont Contract ID 0000000000000000000038088 Page 2 of 2 Contract Dates 04/16/2019 to 01/31/2022 Origin CPS Description: CPS-Bituminous Concrete Contract Maximum $250,000.00 Buyer Name Buyer Phone Contract Status Trevor R Lewis Approved Buildings and General Services Office of Purchasing & Contracting 109 State St Montpelier VT 05609-3001 USA Supplier 0000375736 Eurovia Atlantic Coast LLC A Div.of Eurovia Atlantic Coast LLC 14500 Avion Parkway, Suite 310 Chantilly VA 20151 USA Phone #: Unit Max Max Line # Item ID Item Desc UOM Price Qty Amt Michele.Snyder New Stamp Contract #38088 Amendment #1 Revision Date: 05/30/2019 STATE OF VERMONT CONTRACT AMENDMENT It is hereby agreed by and between the State of Vermont, Department of Buildings and General Services(the "State") and Eurovia Atlantic Coast, LLC with a principal place of business in Chantilly, Virginia (the "Contractor") that the contract between them originally dated as of February 1, 2018, Contract # 38088, as amended to date, (the “Contract”) is hereby amended as follows: I. Contract Term. The Contract end date, wherever such reference appears in the Contract, shall be changed from January 31, 2020 to January 31, 2021. The Contract Term may be renewed for one additional one-year period at the discretion of the State. Taxes Due to the State. Contractor certifies under the pains and penalties of perjury that, as of the date this contract amendment is signed, the Contractor is in good standing with respect to, or in full compliance with a plan to pay, any and all taxes due the State of Vermont. Child Support (Applicable to natural persons only; not applicable to corporations, partnerships or LLCs). Contractor is under no obligation to pay child support or is in good standing with respect to or in full compliance with a plan to pay any and all child support payable under a support order as of the date of this amendment. Certification Regarding Suspension or Debarment. Contractor certifies under the pains and penalties of perjury that, as of the date this contract amendment is signed, neither Contractor nor Contractor’s principals (officers, directors, owners, or partners) are presently debarred, suspended, proposed for debarment, declared ineligible or excluded from participation in federal programs, or programs supported in whole or in part by federal funds. Contractor further certifies under pains and penalties of perjury that, as of the date this contract amendment is signed, Contractor is not presently debarred, suspended, nor named on the State’s debarment list at: http://bgs.vermont.gov/purchasing-contracting/debarment This document consists of 1 page. Except as modified by this Amendment No. 1, all provisions of the Contract remain in full force and effect. The signatures of the undersigned indicate that each has read and agrees to be bound by this Amendment to the Contract. STATE OF VERMONT EUROVIA ATLANTIC COAST, LLC By: ________________________ By: ___________________________ Name: _____________________ Name: ________________________ Title: ______________________ Title: _________________________ Date: _______________________ Date: _________________________ http://bgs.vermont.gov/purchasing-contracting/debarment Contract #35687 Amendment # 1 STATE OF VERMONT Department of Buildings and General Services Office of Purchasing and Contracting NOVATION AND AMENDMENT It is hereby agreed by and among the State of Vermont, Buildings and General Services (hereinafter called "State"), Eurovia Atlantic Coast LLC, a limited liability company with a principal place of business in Chantilly, VA (hereinafter called “Contractor”) and The Lane Construction Corporation an incorporated company with a principal place of business in Cheshire, CT (hereinafter called " The Lane Construction Corporation”), that the Contractor intends to assume all of the rights, benefits, duties and obligations of The Lane Construction Corporation under the Contract between the State and The Lane Construction Corporation dated as of February 2, 2018, Contract # 35687, as amended to date (the “Contract”), and that the Contract is hereby amended as follows: I. Novation. The State and The Lane Construction Corporation hereby effect the novation of the Contract (the “Novation”) to substitute the Contractor for The Lane Construction Corporation for all purposes of the Contract. The State hereby consents to such Novation. Contractor hereby accepts the Novation and assumes all rights, benefits, duties, undertakings, liabilities and obligations of The Lane Construction Corporation under the Contract. The Lane Construction Corporation hereby releases the State from the State’s undertakings, obligations, duties and liabilities with respect to The Lane Construction Corporation under the Contract following the effective date of this Novation. Contractor shall furnish to the State a new certificate of insurance consistent with the coverages required under the Contract and properly endorsed with coverage for claims or occurrences for the entire contract period. II. Amendment. The Contract is hereby amended to replace all references in the Contract, Eurovia Atlantic Coast LLC, with references to The Lane Construction Corporation. III. Effective Date. The effective date of this Novation and amendment shall be April 16, 2019. IV. Taxes Due to the State. Contractor certifies under the pains and penalties of perjury that, as of the date this Novation and amendment is signed, the Contractor is in good standing with respect to, or in full compliance with a plan to pay, any and all taxes due the State of Vermont. V. Child Support (Applicable to natural persons only; not applicable to corporations, partnerships or LLCs). Contractor is under no obligation to pay child support or is in good standing with respect t o or in full compliance with a plan to pay any and all child support payable under a support order as of the date of this amendment. Contract #35687 Amendment # 1 VI. Certification Regarding Suspension or Debarment. Contractor certifies under the pains and penalties of perjury that, as of the date this Novation and amendment is signed, neither Party nor Party’s principals (officers, directors, owners, or partners) are presently debarred, suspended, proposed for debarment, declared ineligible or excluded from participation in federal programs, or programs supported in whole or in part by federal funds. Contractor further certifies under pains and penalties of perjury that, as of the date that this Novation and amendment is signed, Contractor is not presently debarred, suspended, nor named on the State’s debarment list at: http://bgs.vermont.gov/purchasing-contracting/debarment Except as modified by this Amendment No.1 all provisions of the Contract remain in full force and effect. For State administrative purposes, upon signing of this Novation and amendment, the contract number will be changed to 38088 with an unpaid balance of $250,000.00. The signatures of the undersigned indicate that each has read and agrees to be bound by this Novation and amendment to the Contract. STATE OF VERMONT By: ________________________ Name: _____________________ Title: ______________________ Date: _______________________ THE LANE CONSTRUCTION CORPORATION By: ___________________________ Name: ________________________ Title: _________________________ Date: _________________________ EUROVIA ATLANTIC COAST LLC By: ___________________________ Name: ________________________ Title: _________________________ Date: _________________________ http://bgs.vermont.gov/purchasing-contracting/debarment Christopher Cole BGS Commissioner CONTRACT# 35687 ATTACHMENT A - STATEMENT OF WORK THE CONTRACTOR SHALL PROVIDE: 1. PROVIDE BITUMINOUS CONCRETE PATCHING MATERIAL. a. LOCATION: WALPOLE NH PLANT / 1 SCALE LANE, WALPOLE, N.H. WINTER AVAILABILITY: YES (7:00 A.M. – 3:00 P.M. NON- HOLIDAY) - FOB PLANT Districts 1 through 9. ***** ( 1 TON MINIMUM ) -FOB DELIVERED Districts 1 through 4 **ONLY. ***** ( 5 TON MINIMUM ) 2. REPORTING REQUIREMENTS: CONTRACTORS WILL BE REQUIRED TO SUBMIT QUARTERLY PRODUCT SALES REPORT TO THE PURCHASING AGENT PURSUANT TO THE SCHEDULE BELOW. EACH REPORT MUST CONTAIN THE FOLLOWING INFORMATION: CONTRACT NUMBER; USING DEPARTMENT'S ADDRESS, CONTACT NAME, AND TELEPHONE NUMBER; PRODUCT ORDERED; QUANTITY ORDERED; QUANTITY SHIPPED; AND PRICE CHARGED, WITH TOTALS FOR EACH PRODUCT FOR EACH REPORTING PERIOD. WE RESERVE THE RIGHT TO REQUEST ADDITIONAL INFORMATION OR TO MODIFY THE REPORTING PERIODS. REPORTING PERIODS: QUARTERLY REPORTS MUST BE SUBMITTED IN ACCORDANCE WITH THE FOLLOWING SCHEDULE: REPORTING PERIOD: JANUARY 1 TO MARCH 31 - REPORT DUE APRIL 15 REPORTING PERIOD: APRIL 1, TO JUNE 30 - REPORT DUE JULY 15 REPORTING PERIOD: JULY 1 TO SEPTEMBER 30 - REPORT DUE OCTOBER 15 REPORTING PERIOD: OCTOBER 1 TO DECEMBER 31 - REPORT DUE JANUARY 15 3. DELIVERY: ALL PRICING IS TO INCLUDE F.O.B. PLANT, OR F.O.B. DELIVERY TO THE ORDERING FACILITY, AT THE ELECTION OF THE STATE. RESPONSIBILITY FOR PRODUCT DELIVERY REMAINS WITH THE CONTRACTOR UNTIL THE PRODUCT IS PROPERLY DELIVERED AND SIGNED FOR. SHIPMENTS SHALL BE SECURELY AND PROPERLY PACKED, ACCORDING TO ACCEPTED COMMERCIAL PRACTICES, WITHOUT EXTRA CHARGE FOR PACKING CASES OR OTHER CONTAINERS. UPON DELIVERY, ALL PACKAGING AND CONTAINERS SHALL BECOME THE PROPERTY OF THE STATE, UNLESS OTHERWISE STATED. DELIVERED GOODS THAT DO NOT CONFORM TO THE SPECIFICATIONS OR ARE NOT IN GOOD CONDITION UPON RECEIPT SHALL BE REPLACED PROMPTLY BY THE CONTRACTOR. 4. QUALITY: ALL PRODUCTS WILL BE NEW AND UNUSED. ALL PRODUCTS PROVIDED BY THE CONTRACTOR MUST MEET ALL FEDERAL, STATE, AND LOCAL STANDARDS FOR QUALITY AND SAFETY REQUIREMENTS. PRODUCTS NOT MEETING THE REQUIREMENTS OF THIS SECTION THE WILL BE CONTRACT# 35687 DEEMED UNACCEPTABLE AND RETURNED TO THE CONTRACTOR FOR CREDIT AT NO CHARGE TO THE STATE. 5. PERFORMANCE MEASUREMENTS A. DELIVERY IS REQUIRED WITHIN TWO WEEKS OF ACCEPTANCE OF A PURCHASE ORDER, UNLESS THE CONTRACTOR HAS ADVISED THE CUSTOMER ON AN ALTERNATE DELIVERY SCHEDULE (EXAMPLE-LONGER LEAD-TIME DUE TO MANUFACTURING CYCLE WHEN ORDERED FROM OEM). THE ACCEPTABLE QUALITY LEVEL FOR ON TIME DELIVERY WILL BE 99%; THE CUSTOMER WILL REPORT ANY DELIVERIES THAT DO NOT MEET THE CONTRACTORS PROMISED DELIVERY DATE TO THE STATE CONTRACT MANAGER. CONTRACTORS DELIVERY PERFORMANCE WILL BE REVIEWED IN PERIODIC CONTRACT REVIEW MEETINGS BETWEEN THE STATE OF VERMONT (SOV) AND THE CONTRACTOR. b. THE CONTRACTOR MUST COMPLETE THE REPORTING REQUIREMENTS OUTLINED IN THIS CONTRACT, A FAILURE BY THE CONTRACTOR TO COMPLETE THEIR QUARTERLY REPORTING ON TIME IN TWO CONSECUTIVE QUARTERS WILL RESULT IN A CONTRACT REVIEW WITH POTENTIAL CONSEQUENCES AS SEVERE AS TERMINATION. c. ORDERING - SUPPLIER MUST RESPOND TO CUSTOMERS REQUESTS FOR TECHNICAL INFORMATION, PRICING, AND DELIVERY INFORMATION WITHIN 48 HOURS OR LESS OF THE FIRST CONTACT BY THE CUSTOMER. THE CUSTOMER WILL REQUIRE A 99% COMPLIANCE TO THIS REQUIREMENT, WITH THE CUSTOMER REPORTING ANY CONTRACTOR NON-COMPLIANCE TO THE STATE CONTRACT MANAGER. THE CONTRACTORS CUSTOMER RESPONSE PERFORMANCE WILL BE REVIEWED IN PERIODIC CONTRACT REVIEW MEETINGS BETWEEN THE SOV AND THE CONTRACTOR. 6. DEFAULT: IN CASE OF DEFAULT OF THE CONTRACTOR, THE STATE MAY PROCURE THE MATERIALS OR SUPPLIES FROM OTHER SOURCES AND HOLD THE CONTRACTOR RESPONSIBLE FOR ANY EXCESS COST OCCASIONED THEREBY, PROVIDED, THAT IF PUBLIC NECESSITY REQUIRES THE USE OF MATERIALS OR SUPPLIES NOT CONFORMING TO THE SPECIFICATIONS THEY MAY BE ACCEPTED AND PAYMENT THEREFORE SHALL BE MADE AT A PROPER REDUCTION IN PRICE. 7. VERMONT STATE COLLEGES: THIS CONTRACT IS ALSO AVAILABLE FOR USE BY THE UNIVERSITY OF VERMONT AND THE VERMONT STATE COLLEGES INC., A SEPARATE CORPORATION, HAVING UNDER ITS JURISDICTION CASTLETON STATE COLLEGE, JOHNSON STATE COLLEGE, LYNDON STATE COLLEGE, COMMUNITY COLLEGE OF VERMONT, AND THE VERMONT TECHNICAL COLLEGE. 8. TOWNS AND SCHOOLS OF THE STATE OF VERMONT: THIS CONTRACT IS ALSO AVAILABLE FOR USE BY TOWNS AND SCHOOLS OF THE STATE OF VERMONT. IT SHOULD BE NOTED THAT ALL SUCH ITEMS FURNISHED WILL BE BILLED DIRECTLY TO AND PAID FOR BY THE POLITICAL SUBDIVISION OR COLLEGE AND NEITHER THE STATE OF VERMONT, NOR ITS COMMISSIONER OF BUILDINGS AND GENERAL SERVICES, PERSONALLY OR OFFICIALLY, ASSUMES ANY RESPONSIBILITY.