Bakersfield City Council
February 11, 2026

Bid No. 25-26-22
Annual Contract for Cold Planing

INQUIRIES: Direct questions for clarification of this Invitation to Bid:

Olimpia Frederick, Purchasing Officer
Telephone: 661•326•3914
Fax: 661•852•2100
E-Mail: [email protected]

SUBMITTAL: One (1) signed original bid and one (1) copy Of the signed original bid must be received on or before:

11:00 a.m., January 22, 2026

Bids received after the time and date stated above shall be returned unopened to the bidder

Addressed to: Purchasing Division
City of Bakersfield
1600 Truxtun Avenue, Second Floor
Bakersfield, California 93301

Mark envelope: ”Bid No. 25-26-22 Cold Planing”

INVITATION TO BID
BID NO. 25-26-22

ANNUAL CONTRACT FOR COLD PLANING

Bid No. 25-26-22
Annual Contract for Cold Planing

STATE OF CALIFORNIA

CITY OF BAKERSFIELD

NOTICE INVITING SEALED BIDS
BID NO. 25-26-22

NOTICE IS HEREBY GIVEN that the City of Bakersfield invites , and will receive , sealed bids for furnishing all labor, equipment, materials and services to provide:

ANNUAL CONTRACT FOR COLD PLANING

Bids will be received until 11:00 a.m., on January 22, 2026, at the office of the Purchasing Officer, 1600 Truxtun Avenue, Second Floor, Bakersfield, CA 93301, at which time said bids will be publicly opened and read aloud in a conference room, which is located on the first floor of City Hall North.

Bidders or their authorized agents are invited to be present. No bids will be received, nor considered, after the time fixed for receiving them. Late bids will be returned unopened to the bidder.

Bids shall be clearly marked as “Bid No. 25-26-22 Cold Planing”. The City shall not be responsible for bids received late due to Offeror’s failure to identify the bid as required hereunder.

Bid documents may be inspected and obtained by calling 661 -326-3746. Inquiries regarding further information about the project should be directed to Olimpia Frederick, Purchasing Officer at 661 -326-3914. Inquiries regarding directions to the office of the Purchasing Officer may be directed to Ms. Alexandria Otto at 661-326-3746.

A Certified Check, Cashier’s Check or Bidder’s Bond in the amount of ten percent (10%) of the bid, made payable to the City of Bakersfield, shall accompany each bid. The Successful Bidder will be required to furnish the City with a Performance Bond in the amount of one hundred per cent (100%) of the contract and a Labor and Materials Bond (Payment Bond), conforming to the contract documents and in an amount equal to one hundred percent (100%) of the total amount of the contract. Any bonds required by th ese specifications will neither be accepted nor approved by the City unless the bonds are underwritten by a California admitted surety.

Contractor’s License. At the time the contract is awarded, the Successful Bidder shall be licensed under the provisions of Chapter 9 - Division 3 of the Business and Professions Code of the State of California to do the type of work contemplated under the project and shall possess a valid and current State of California Class A General Engineering or C-12 Earthwork and Paving, Contractor’s License. Any specialty contractor awarded a contract for the work shall itself perform a majority of the work in accordance with the provisions of the California Business and Professions Code Sections 7055-7059. Contractor shall ensure that all subcontractors are properly licensed for the work they are to perform.

The City of Bakersfield will comply with the mandatory completion of the DIR PWC 100 form to the State of California Department of Industrial Relations as part of SB 854 law effective July 1, 2014.

The successful Contractor will be required to provide inf ormation or complete form as requested by City staff. For more information, please see the State of California page as follows:
https://www.dir.ca.gov/dlse/PublicWorks/SB854FactSheet_6.30.14.pdf

Bid No. 25-26-22
Annual Contract for Cold Planing

In accordance with the California Code of Regulations, Title 8, any contract entered into pursuant to this notice shall incorporate all applicable provisions of the State Labor Code, including those pertaining to Apprenticeship Employment Standards. Succe ssful Bidder agrees to pay to any laborer or workman employed by said Contractor in the execution of the work, not less than the general prevailing wage rates for existing and applicable job classifications, as determined by the California Department of Industrial Relations. The schedules of prevailing wage rates is on file and open for inspection at the City of Bakersfield Department of Public Works, City Hall Annex, 1501 Truxtun Avenue, Bakersfield, California. These wage rates may also be accessed via the Internet @ http://www.dir.ca.gov/DLSR/PWD/ or by phone at 415-703-4780.

Successful Bidder is responsible for insuring that the proper rates are paid. No adjustments to the contract will be made due to bidder’s failure to obtain the proper wage rates.

The Successful Bidder may elect to receive one hundred percent (100%) of the payment due under the contract without retention of any portion of the payment by the City by depositing securities of an equivalent value in accordance with the provisions of the California Public Contracts Code Section 22300. Eligible securities include interest -bearing demand deposit accounts, standby letters of credit or any other security allowable under Section 22300 Of the California Government Code and as agreed to by the City of Bakersfield and the Contractor.

The City hereby affirmatively ensures that minority and disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ances try, handicap, gender, or religion in any consideration leading to the award of contract.

The right is reserved by the City of Bakersfield to reject any or all bids and to waive any irregularities or informalities not affected by law in any bids received, to evaluate in its absolute discretion, the bids submitted and to award the contract accor ding to the proposal which best serves the interests of the City.

Dated this 7th day of January 2026 at Bakersfield, California.

By: Olimpia Frederick
Olimpia Frederick,
Purchasing Officer

Bid No. 25-26-22
Annual Contract for Cold Planing

KEY INFORMATION
BID NO. 25-26-22

Information
Sole Point of Contact
Olimpia Frederick, Purchasing Officer
1600 Truxtun Avenue, Second Floor
Bakersfield, CA 93301

661-326-3914
661-852-2100 Fax
[email protected]
Final Questions or Comments Due 12:00 p.m., January 20, 2026 Bid Due Date 11:00 a.m., January 22, 2026
Bid Security Required
(Must be attached to Bid, bond form not provided)
[X] Yes 10% [ ] No
Performance Bond Required
(Due Within 10 days of Request, bond form not
provided)

[X] Yes 100% [ ] No
Labor and Materials Bond Required
(Due Within 10 days of Request, bond form not
provided)
[X] Yes 100% [ ] No
Expected Date of
City Council Approval
February 11, 2026
Number of Copies of Bid
due to Purchasing Division
One (1) signed original and one (1)
copy of Bid Forms pages 33-44.

Do not return the entire bid document
This Invitation to Bid is comprised of 44 pages, including the cover sheet and draft contract. Contractor is solely responsible for insuring that all pages have been received. If this bid package is missing pages, immediately contact the Purchasing Division at 661-326-3746.

City Council agendas are posted seventy-two hours in advance of the meeting on the City of Bakersfield website at
www.bakersfieldcity.us

Select “Meetings & Agendas” under the drop-down menu titled “Government”

Bid No. 25-26-22
Annual Contract for Cold Planing

INSTRUCTIONS TO BIDDERS
BID NO. 25-26-22

1. These documents constitute the complete set of specification requirements and bid response forms. The bidder is responsible for insuring that all pages and all addenda are received. Bidder is advised to closely examine this Invitation to Bid package, and to immediately direct any questions regarding the completeness of this Invitation to Bid package and any addenda thereto to the Purchasing Division. Unless otherwise directed in writing by the Purchasing Division, the bidder must submit all bid responses on the bid response form provided with this Invitation to Bid. The City of Bakersfield will not accept bid responses on bidder's letterhead and/or quotation forms.

2. All information requested of the bidder shall be entered in the appropriate space(s) on the Bid Form. Failure to do so may disqualify your offer.

3. All information shall be typewritten or entered in ink. Mistakes may be crossed out and corrections inserted before submission of your bid. Erasures, type -overs, white-outs and all other corrections and/or modifications shall be initialed in ink by the person signing the bid.

4. Bids will not be accepted unless signed (not typed) in the appropriate space(s) by an authorized officer or employee of the bidder.

5. To be considered, bids must be submitted in a sealed, properly marked envelope, by, or prior to, the closing date and time specified. It is the sole responsibility of the bidder to see that their bid is submitted in the proper time. Any bids received after the closing date shall be returned, unopened, to the bidder, provided the request number, opening date, and bidder’s return address are on the envelope. Bids submitted by facsimile or electronic mail will not be accepted.

Bid Due Date: January 22, 2026 @ 11:00 a.m.

6. Corrections and/or modifications received after the closing time specified will not be accepted.

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

8. Upon submission of bid documents, all such documents shall become the property of the City of Bakersfield.

9. Provide any other information not specifically requested which may be considered by the Purchasing Officer.

However, the Purchasing Officer is not obligated to consider any information not specifically requested in this Invitation to Bid.

10. The City shall not be responsible for any error or omission in the bid.

11. Prices shall remain open and valid, subject to acceptance for ninety (90) days after bid closing date. Any bid for which the bidder specifies a shorter acceptance period may be rejected.

12. The words “contractor” and “bidder” may be used interchangeably throughout this Invitation to Bid, and are used in place of the person, firm or corporation submitting a bid on the specifications, or any part thereof

13. Bids should be mailed or delivered to: Purchasing Division City of Bakersfield
1600 Truxtun Avenue, Second Floor
Bakersfield, CA 93301

16. Any contract awarded pursuant to this Invitation to Bid shall be awarded to the lowest responsive and responsible bidder. A “responsive bidder” is a person, firm or corporation who has submitted a bid response which conforms in all material respects to the Invitation to Bid, including all terms, conditions and specifications.

A “responsible bidder” is a person, firm or corporation having the capacity in all respects to perform fully the contract requirements and the integrity and reliability which will assure good faith performance.

17. Prior to being awarded an order under this Invitation to Bid, you will be required to obtain a City of Bakersfield Business License.

Bid No. 25-26-22
Annual Contract for Cold Planing

GENERAL TERMS AND CONDITIONS
BID NO. 25-26-22

1. INTENT
The City of Bakersfield is requesting bids from experienced and reputable contractors for providing an Annual Contract for Cold Planing. Award, if any, resulting from this Invitation to Bid shall be for a one (1) year period.

The contract shall be renewable annually thereafter for four (4) consecutive one -year periods at the City’s option and upon mutually agreeable terms.

One (1) original bid signed by an official authorized to bind contractor and one (1) copy of the signed bid , are to be submitted to the Purchasing Division, Attention: Olimpia Frederick, Purchasing Officer, 1600 Truxtun Avenue, Second Floor, Bakersfield, CA 93301, on or before 11:00 a.m., January 22, 2026.

2. INFORMATION
To ensure fair consideration for all bidders, the Purchasing Division is issuing this Invitation to Bid and is the sole point of contact for the Invitation to Bid . Unless otherwise directed, all communications, including meetings, conferences or technical discussions related to this Invitation to Bid should be directed to:

Olimpia Frederick, Purchasing Officer
Telephone 661-326-3914
Fax 661-852-2100
Email [email protected]

Failure to adhere to this policy may be grounds for rejection of bids.

3. SUBMISSION OF QUESTIONS AND COMMENTS
Bidders should carefully review this Invitation to Bid for defects and questionable or objectionable matter.

Questions and comments regarding this Invitation to Bid must be submitted in writing, either by United States mail, e-mail or facsimile no later than 12:00 p.m., January 20, 2026. The questioner’s company name, address, phone and fax numbers and contact person must be included with the questions or comments. Questions and answers thereto shall be provided to all prospective bidders in the form of an addendum. Questions of a proprietary and competitive nature relating solely to the business interests of the questioner will be answered in strict confidence via individual and confidential communication such as e -mail, telephone or fax and the answers thereto will not be shared with all potential bidders. Submit questions or comments to the following address:

Olimpia Frederick, Purchasing Officer
Telephone 661-326-3914 • Fax 661-852-2100
Email [email protected]

4. ADDENDA TO THE INVITATION TO BID
Important Notice - Any revisions to the Invitation to Bid will be issued and distributed as addenda. The City will not be responsible for oral interpretations given by any City employee, representative, or others. Bidders are cautioned that any statements made that materially change any portion of the bid documents shall not be relied upon unless subsequently ratified by a formal written amendment (addendum) to the Invitation to Bid document. The issuance of a written addendum is the only official method whereby interpreta tion, clarification, or additional information can be given.

Note: It is the responsibility of each bidder to ensure that they have a complete, up -to-date bid package, including any addenda, and that the City has their correct business name and address on file. If you have obtained this document from a source othe r than directly from the City of Bakersfield Purchasing Division, you are not on record as a plan holder. Any prospective bidder who obtained a set of bid documents from anyone other than the City is responsible for advising the City that they have a set of contract documents, thus placing you on the plan holder’s list. The City takes no responsibility to provide addenda to parties not listed by the City as a plan holder.

If any addenda are issued to this Invitation to Bid, the City will attempt to notify all prospective bidders who have secured same. However, it will be the responsibility of each bidder, prior to submitting their bid, to

Bid No. 25-26-22
Annual Contract for Cold Planing

contact the Purchasing Division at 661 -326-3746 to determine if addenda were issued and to make such addenda a part of the bid. The City reserves the right to revise or amend the specifications up to the time set for opening the bids.

Bidders shall acknowledge receipt of any addenda to the solicitation by signing and returning the addenda with the bid and by identifying the addenda numbers and dates in the space provided for this purpose on the bid form. Any addenda or bulletins issued shall constitute a part of the contract documents.

If bidder submits a bid to the Purchasing Division prior to receipt of any addendum, the bidder shall fax the addendum acknowledgement to 661 -852-2100. The faxed acknowledgement shall become a part of the bidder’s bid as though submitted with the bid.

5. APPROXIMATE ESTIMATE
The City’s estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the City due to budget or other constraints. In addition to the work specified herein, the City reserves the right to negotiate with the Successful Contractor to add items to the contract as deemed necessary by the City.

6. PRICING
Unit or lump sum prices shall, with full consideration of all provisions, conditions, requirements and specifications contained and referenced herein, include all costs pertinent to the total work as specified.

Contractor shall submit unit prices, in figu res, for all items listed in the Bid Form. The aggregate total of the bid shall be stated in both words and figures. In the event that there is a discrepancy between the words and figures, the words shall prevail.

If any of the unit prices or the total price is excluded, the bid may be deemed non-responsive.

7. BID DOCUMENTS
No bid will be received unless it is made on a bid form furnished by the City . Failure to submit a bid on the form provided shall be considered just cause for rejection of the bid. Bidder Modifications or additions to any portion of the bid or contract documents may be cause for rejection of the bid. However, the City reserves the right to decide, on a case -by-case basis, whether to reject as non -responsive, a bid with modifications or additions.

Where indicated, the bid must be signed by a person duly authorized by bidder to bind bidder to a contract.

When a bid is signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf, or a member of a partnership, a “Power of Attorney” must be on file with the City prior to the date and time set for receipt of bids or shall be submitted with the bid; otherwise, the bid will be rejected as irregular and unauthorized.

8. EXAMINATION AND ACCEPTANCE OF CONTRACT REQUIREMENTS
Before submitting a bid, bidders must satisfy themselves by personal examination of the work site, bid documents and by any other means as they may believe necessary, as to the actual conditions, requirements, and difficulties under which the work must be performed and to verify any representations made by the City, upon which the bidder will rely.

The submission of a bid shall be considered conclusive evidence that the bidder has carefully investigated all conditions that affect, or may at some future date affect, the performance under the contract covered by this solicitation, and is satisfied as t o the character, quality, and quantities of materials to be supplied or work to be performed and as to the requirements of the Invitation to Bid. Submission of a bid shall also be evidence that the bidder is familiar with directives such as laws, codes r egulations and ordinances that in any way affect prosecution of the work or persons engaged or employed in the work.

No bidder shall at any time after submission of a bid make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract. If the bidder re ceives an award as a result of this Invitation to Bid, failure to have made such investigations and examinations will in no way relieve the bidder from its obligations to comply in every detail with all provisions and requirements of the contract documents , nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the bidder

Bid No. 25-26-22
Annual Contract for Cold Planing

for additional compensation. Any errors, omissions, or discrepancies found in the specifications or other contract documents shall be called to the attention of the City and clarified prior to the submission of a bid.

Should the bidder feel there has been a supplemental or oral modification, it shall be the bidder’s responsibility to verify said modification in writing prior to submission of the bid.

The contents of the bid of the Successful Bidder shall become contractual obligations if procurement action ensues. Failure to accept these obligations in a contractual agreement will result in cancellation of award and forfeiture of the Bidder's Bid Security, if said security is required under the contract. Conditional or qualified bids, unless specifically allowed, will be subject to rejection, in whole or in part.

9. BID SECURITY
All bids shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security:

A Cashier’s Check, a Certified Check, a Bank Money Order of any national or state bank or a Bidder’s Bond duly executed by a California admitted surety insurer on the form provided herein and made payable to the City of Bakersfield.

The security shall be in an amount equal to at least ten (10%) percent of the amount bid, as payment by the Contractor to the City. A bid will not be considered unless one of the forms of bidder’s security is enclosed with it. A bidder’s bond will not be accepted unless it contains all information and signatures as required by the City and is properly filled out and executed.

The bid security shall be payable, without condition, to the City and shall be given as a guarantee that the bidder will enter into contract if awarded to him. The bid security shall be declared forfeited as liquidated damages if the Contractor fails or n eglects to enter into said contract within ten (10) consecutive calendar days after being notified by the City that the award has been made and the contract is ready for execution.

If the bidder fails to timely enter into the contract, the City reserves the right, in addition to declaring the bid bond forfeited, to pursue all other remedies in law or equity relating to such breach, including, but not limited to, seeking recovery for breach of contract

The bid securities of all bidders, except the three lowest, will be returned promptly after the canvass of bids.

The bid guaranties of the three lowest bidders will be retained until the contract is signed, evidence of insurance provided and a satisfactory Performance Bond and Labor and Materials Bond is furnished, or other disposition made thereof. Within ten (10) days of execution of the contract, the bid guaranties of the three lowest bidders will be returned.

10. SUBMISSION OF BIDS
This solicitation has a firm date and time due. It is solely the responsibility of the bidder to ensure that their bid is received by the City, in accordance with the solicitation requirements, prior to the deadline and at the place specified. In no event will a bid be considered if it is received after the bid closing date and time. Any bid received after the closing date and/or time will be returned, unopened, to the bidder, provided the bidder’s return address is on the envelope. Notwithstanding any provision specified herein, the City reserves the right to extend the bid submittal deadline when it is in the best interest of the City.

A delivery label has been included as a part of the bid documents. Bids must be submitted under sealed cover, and the delivery label must be attached to the envelope. The envelope shall also include the name and return address of the bidder. The City will not be responsible for bids received late due to Contractor’s failure to identify the bid as required hereunder.

If the bid is submitted by any means other than personal delivery, bidders should allow ample delivery time to ensure the timely receipt of their bids. The City shall not be responsible for any delays in mail service or by common carriers or by transmission errors or delays or mistaken delivery. Delivery of bid shall be made at the office specified in the Invitation to Bid. Deliveries made before the date and time due, but to the wrong City office, will be considered non -responsive unless re-delivery is made to the office specified before the date and time due specified in the Invitation to Bid. Bids shall be mailed or delivered to:

Purchasing Division
City of Bakersfield
1600 Truxtun Avenue, Second Floor
Bakersfield, CA 93301

Bid No. 25-26-22
Annual Contract for Cold Planing

Bids must remain open and valid, subject to acceptance for ninety (90) days after bid closing date. Any bid for which the bidder specifies a shorter acceptance period may be rejected. The bidder agrees that submission of a signed bid will be interpreted to mean bidder agrees to all the terms and conditions set forth in all the pages of this Invitation to Bid and is certification that the bidder will accept an award made to it as a result of the submission.

11. BID SUBMITTAL ITEMS
All bids submitted shall include the following completed forms. Failure to submit any of the required forms may be cause for rejection of your bid.

• Bid Form (all pages)
• Bidder’s Security (bond form not provided)
• Bidder’s Statement of Compliance with Insurance Requirements • Workers’ Compensation Insurance Certification
• Statement of OSHA Compliance
• Waiver of Provisions for Substitution of Securities in Lieu of Retention • Non-Collusion Affidavit
• Equal Employment Opportunity Compliance Certification

12. PUBLIC OPENING OF BIDS
Bids will be opened and read publicly opened and read aloud in a Conference Room, which is located on the first floor of City Hall North. Bidders may attend via Zoom Meeting (Video Conferencing).

13. MODIFICATION OF BIDS
Any bidder who wishes to make modifications to a bid already received by the City must withdraw his bid in order to make the modifications. Withdrawals must be made in accordance with the terms and conditions of this solicitation (see Withdrawal of Bids). All modifications must be made in ink, properly initialed by bidder’s authorized representative, executed, and submitted in the same form and manner as the original bid. It is the responsibility of the bidder to ensure that modified or withdrawn bids ar e resubmitted before the time announced for the opening of bids. No bid may be modified after the time fixed in the public notice for the receipt of bids.

14. WITHDRAWAL OF BIDS

Any bid may be withdrawn at any time prior to the time fixed in the public notice for the receipt of bids, only by written request for the withdrawal of the bid filed with the office of the Purchasing Officer. The bidder or his duly authorized representat ive must execute the request in writing on the bidder’s letterhead. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. No bid may be withdrawn after the time fixed in the public notice for the receipt of bids.

15. RELIEF FROM BID
Attention is directed to the provisions of the Public Contract Code Sections 5100 to 5107, inclusive, concerning the relief of bidders. Should a bidder claim a mistake was made in its quotation, bidder shall, within five (5) calendar days after the bid opening, give the City written notice of the alleged mistake and detail in said notice, the circumstances under which the mistake occurred. Final determination of relief from the bid shall be made by the City Council.

16. PRIME CONTRACTOR
Only one bid may be submitted as a “prime contractor” for the same work by any firm, individual, partnership or corporation, or combination thereof. A contractor submitting a bid as a prime contractor may not also submit bids as a subcontractor to other competing prime contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation or combina tion thereof is interested in more than one bid for the work contemplated will cause the rejection of all bids in which such individ ual, firm, partnership, corporation or combination thereof is interested. Nothing in this clause shall preclude a firm acting as subcontractor to be included as a subcontractor for two or more primary contractors submitting a bid for the work. A contractor who is not submitting a bid as a prime contractor may submit any number of bids as a subcontractor to competing prime contractors.

17. SUBCONTRACTORS
In accordance with Sections 4100 – 4114 inclusive, “Subletting and Subcontracting Fair Practices Act”, of the California Public Contracts Code, any person making an offer to perform work, shall, in his or her offer, set forth the name and location of the p lace of business of each subcontractor who will perform work or labor

Bid No. 25-26-22
Annual Contract for Cold Planing

or render service to the prime contractor in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor’s total offer. The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her offer. If a prime contractor fails to specify a subcontractor, or if the prime contractor specifies more than one subcontractor for the same portion of work to be performed in excess of one -half (1/2) of one percent (1%) of the prime contractor ’s total offer, the prime contractor agrees that he or she is fully qualified to perform that portion himself or herself, and that the prime contractor shall perform that portion himself or herself. If after the award of contract, the prime contractor subcontracts, except as provided in Sections 4107 or 4109, any such portion of the work, the prime contractor shall be subject to the penalties named in Section 4111. The substitution of a subcontractor shall not be allowed except as provided by Section 4107 of the Public Contract Code.

Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list of DBE subcontractors after the opening of bids for projects utilizing Federal funds.

18. BIDDER’S POWER AND AUTHORITY
Bidder, in submitting a bid, warrants that it has full power and authority to comply with the requirements specified herein and will hold the City harmless from and against any and all loss, cost, liability, and expense (including reasonable attorney fees) arising out of any breach of this warranty. Further, bidder affirms that it will not enter into any arrangement with any third party, which might abridge any rights of the City under this Contract.

19. EXPERIENCE AND COMPETENCY
Bidder represents that it is fully experienced and properly qualified to provide the goods and/or services required herein, and that it is regularly engaged in the general class or type of work called for under the contract, properly licensed, equipped, organized, and financed to perform such work required herein.

20. DEBARMENT
By submitting a bid, the bidder certifies that it is not currently debarred from submitting bids or bids for contracts issued by any political subdivision or agency and that it is not an agent of a person or entity that is currently debarred from submitting bids or bids for contracts issued by any political subdivision of agency.

21. EVALUATION AND AWARD OF CONTRACT
Award of contract, if made, shall be made within ninety (90) days to the lowest bidder meeting the specifications and requirements of the bid . Award shall be contingent upon the lowest bidder furnishing satisfactory evidence of having the requisite experience, ability, sufficient capital, and facilities to enable him to successfully and properly prosecute the work or provide the specified materials and to complete the work or provide the materials within the time specified in the contract (lowest responsive, responsible bidder). The decision as to which bidder is the lowest responsiv e, responsible and best qualified bidder shall be in the exclusive jurisdiction of the City, and its decision shall be final and binding on all parties.

The following criteria may be used in this determination:

A. Unit price or lump sum price.

B. Submission of all required forms.

C. Company’s reputation and financial status.

D. Past experience, including bidder’s performance on previous contracts with the City.

The bidder may be required before the award of any contract to show to the complete satisfaction of the City that it has the necessary licenses, equipment, facilities, experience, ability, capacity, skill and financial resources to provide the services or goods specified herein in a satisfactory manner. The bidder may be evaluated on the basis of character, integrity, reputation, judgment, experience and efficiency. The bidder may be required to give a past history and references in order to satisfy the C ity in regard to the bidder’s qualifications.

The City may make such investigation as it deems necessary to determine the ability of a bidder to furnish the required goods or services, and the bidder will furnish to the City all such information and data for this purpose as the City may request. Any material misrepresentation or material falsification of information provided to the City in the bid submission, or at any point in the bid evaluation process is basis for rejection of the bid. In the event that the misrepresentation or falsification is not discovered until after any agreement is awarded, the agreement may be terminated at that time. A determination as to whether a misrepresentation or falsification of the bid submission is material shall be made solely in the exercise of the City’s sound discretion.

Bid No. 25-26-22
Annual Contract for Cold Planing

AWARD OF CONTRACT FOR THIS PROJECT IS CONTINGENT UPON APPROVAL BY THE BAKERSFIELD CITY COUNCIL.

Rejection of Bids. Failure to meet the requirements of the Invitation to Bid may be cause for rejection of the bid. The City may reject the bid if it is deemed incomplete, contains irregularities of any kind, is offered conditionally or expresses exceptions or qualification s on the technical specifications. A bid that includes terms and conditions that do not conform to the terms and conditions in the Invitation to Bid documents may be subject to rejection as non -responsive. However, the City reserves the right to permit t he bidder to withdraw non-conforming terms and conditions from its bid response prior to the determination of the City of non-responsiveness based on the submission of non-conforming terms and conditions.

The City reserves the right to reject any bid if the evidence submitted by or investigation of such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of a contract and to deliver the goods or services cont emplated herein or; the bid of any bidder who has previously failed to perform properly,

The City reserves the right to reject the bid of any bidder who previously failed to perform adequately or complete on time, contracts of a similar nature for the City or any other governmental agency. The City expressly reserves the right to reject the bid of any bidder who is in default on the payment of taxes, licenses, or other monies due the City.

Notwithstanding the foregoing, the City reserves the right to reject any and all bids without cause; to waive any requirements not affected by law, both the City’s and those proposed by the bidder; to waive any irregularities, informalities, minor defects or variations of a bid from the exact requirements of the specifications, not affecting the price, quality, quantity, delivery or performance time, in any bid or the bid process when it is in the best interest of the City to do so; to sit and act as sole j udge of the merit and qualifications of the service offered and; to evaluate in its absolute discretion, the bid of each bidder, so as to select the bidder which best meets the requirements of the City, thus insuring that the best interest of the City will be served.

22. BID PROTESTS
Any protest of the award must be made under the procedure set forth in Bakersfield Municipal Code §

3.20.068. The protest must be made in writing and delivered to the City Clerk at 1 600 Truxtun Avenue, Bakersfield, California 93301 with a copy to the City Purchasing Division and the City Attorney’s Office. The protest must set forth the specific reasons why the award is improper. The protest will be heard at the City Council meeting in which the award of the project will take place.

The protesting party must, at the time of the hearing before the City Council, fill out a speaker’s card and request to be heard at the public statement portion of the City Council agenda. The City Council meetings take place at 1501 Truxtun Avenue, Baker sfield, California 93301, unless the location is changed as allowed by law. Any questions concerning the procedures for filing a protest may be made by calling the City Clerk at (661) 326-3767.

23. PURCHASE ORDER/CONTRACT REQUIREMENT
Purchases of the City are authorized only if a signed purchase order or contract is issued in advance of order.

Contractors providing services or goods without a signed purchase order or contract do so at their own risk.

The City will not be liable for p ayment for any services or goods provided by the Contractor unless a valid purchase order or contract has been issued to the Contractor.

A sample contract is included in this Invitation to Bid. Contractor will be required to execute a contract with the City which is substantially the same as the contract included in this Invitation to Bid. If any changes are desired, bidder must submit exceptions or exact contract modifications to the City one (1) week prior to the bid opening. The City is not obligated to accept such changes or modifications; however, if the changes are approved, the changes will be issued to all prospective bidders in th e form of an addendum. Bidders will not be allowed to alter or negotiate contract language after the bid closing date and time.

The submission of a bid shall be considered conclusive evidence that the bidder has read and understands the requirements of this section and failure to execute the contract without alteration may result in the rejection of bidder’s proposal.

Bid No. 25-26-22
Annual Contract for Cold Planing

24. TERMS OF CONTRACT
The complete contract will include the entire contents of the Invitation to Bid and all pages that make up the bid solicitation, all addenda, all of successful Bidder’s submittals, as approved and accepted by the City, all supplemental agreements, all change orders, all bond(s), and any and all written agreements which alter, amend or extend the contract.

25. EXECUTION OF CONTRACT
Time is of the essence for this project. The successful bidder must execute the contract, including but not limited to, signing all necessary documents and submitting bonds and evidence of insurance, within ten (10) consecutive calendar days after request. One copy of the contract will be returned to the Contractor after the City executes the contract. In case of failure of the Contractor to execute and return the contract and all required documents, including insurance, within the time allowed, the City may, at its option, consider that the bidder has abandoned the contract and forfeited the bid security, in which case the City reserves the right to contract with the second lowest bidder.

26. CONTRACTING ENTITY

The contract resulting from this Invitation to Bid will be administered by the Public Works Department Streets Division. The Project Manager will be Kevin Peoples , or his designated representative. However, the Purchasing Officer shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions or scope of the contract.

27. DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP
Bidder covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Bidder further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Bidder certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City.

Prior to the award of any contract, the potential contractor may be required to certify in writing to the office of the Purchasing Officer that no relationship exists between the contractor and any City employee, officer, official or agent that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City.

28. ETHICS IN PUBLIC CONTRACTING
Each bidder, by submitting a bid, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act and other supplementary Acts. By submitting a bid, the bidder certifies that its bid was made without fraud; that it has not offered or received any kickbacks or inducements from any other bidder in connection with the offer; and that it has not conferred on any public employee, public member or public official having responsibility for this procurem ent transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. The bidder further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City.

29. NON-COLLUSION AFFIDAVIT
Bidders are required to submit a Non-Collusion Affidavit with their bids. See attached Affidavit.

30. REPORTING OF ANTI-COMPETITIVE PRACTICES
If, and when, for any reason, collusion or other anti-competitive practices are suspected among vendors, a notice of the relevant fact shall be transmitted to the City’s Attorney, the District Attorney and/or State Attorney General.

31. ASSIGNMENT OF ANTITRUST AND UNFAIR BUSINESS PRACTICES CLAIMS In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the City of Bakersfield all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Profession s Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the contractor, without further acknowledgment by the parties.

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Annual Contract for Cold Planing

32. INDEPENDENT CONTRACTOR
Contractor shall be legally considered an independent contractor and neither the Contractor nor its employees shall, under any circumstances, be considered servants or agents of the City; and the City shall be at no time legally responsible for any neglige nce or other wrongdoing by the Contractor, its servants or agents. The City shall not withhold from the Contract payments to the Contractor any federal or state unemployment taxes, federal or state income taxes, Social Security tax, or any other amounts for benefits to the Contractor. The City shall not provide to the Contractor any insurance coverage or other benefits, including Workers’ Compensation, normally provided by the City for its employees. Further, the City will issue an IRS Form 1099 for any services provided hereunder and contractor hereby agrees that it will issue IRS W-2 or 1099 Forms to any third parties employed by contractor in the course of work specified herein.

It is further understood and agreed that contractor, in the performance of its obligations under the contract, is subject to the control and direction of the City as to the designation of tasks to be performed and the results to be accomplished, but not as to the means, methods or sequence used by the contracto r for accomplishing such results. To the extent that the contractor obtains permission to, and does, use City facilities, space, equipment or support services in the performance of the contract, this use shall be at the contractor’s sole discretion based on the contractor’s determination that such use will promote contractor’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Invitation to Bid, the City does not require that contractor use City facilities, equipment or support services.

Contractor as Agent. Except as the City may specify in writing, the contractor and contractor’s personnel shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent. Contractor and contractor’s personnel shall have no authority, express or implied to bind the City to any obligations whatsoever.

33. CONTRACT BONDS
The successful bidder will be required to furnish the City a satisfactory Performance Bond in the amount of one hundred (100%) percent of the contract amount and a satisfactory Labor and Materials Bond (Payment Bond) in the amount of one-hundred (100%) percent of the contract amount. The bonds must be provided within ten (10) consecutive calendar days of request. Failure to furnish the required bonds within the time allowed will result in withdrawal of award and forfeiture of the bidder’s security.

The Faithful Performance Bond shall remain in force for one (1) year after the date of completion and shall be conditioned for the faithful and complete performance of the requirements and obligations found in the contractual agreement.

The Payment Bond of the successful bidder will assure that the contractor will promptly make payments to all persons supplying him with labor and/or materials in the prosecution of the work provided for in the contract.

Successful bidder shall have as a surety for all bonds, a corporate surety authorized to act as a surety in California. The bidder shall arrange for Power of Attorney for the admitted surety insurer to be on file with the Kern County Clerk-Recorder at the time set for opening of bids. The bonds required by these specifications will neither be accepted nor approved by the City unless the bonds are underwritten by an admitted surety and the requirements of California Code of Civil Procedure Section 995.630( a) and (b) are met, and the bonds are accompanied by the County Clerk’s certificate as provided for in California Code of Civil Procedure Section 995.640(b). Bonds shall be executed in two (2) original counterparts on the form included in these specifications or facsimile thereof.

All alterations, extensions of time, extra and additional work and other changes authorized by this project manual or any part of the contract may be made without securing the consent of the surety or sureties on the contract bonds.

Whenever any surety or sureties for the Payment Bond become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, the City will require the Contractor to provide replacement Payment Bond or bonds, in an amount not exceeding that originally required by contract and as deemed necessary, considering the extent of the work remaining to be completed. All payments to Contractor, or any assignee, will be withheld pending receipt of the required bond or bonds.

34. CERTIFICATES AND LICENSES

Contractor represents and warrants that it shall, at the time the contract is awarded, possess at its sole cost and expense, keep in effect, or obtain at all times during the term of the contract, any licenses, permits and

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Annual Contract for Cold Planing

approval which are legally required for bidder to practice its profession and perform the work, or furnish any goods specified herein.

Without limiting the generality of the foregoing, if contractor is an out-of-state corporation, contractor warrants and represents that it possesses a valid certificate of qualification to transact business in the State of California issued by the California Secretary of State pursuant to Section 2105 of the California Corporations Code.

At the time the contract is awarded, the Successful Bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code of the State of California to do the type of work contemplated under the project and shall possess a valid and current valid and current State of California Class A General Engineering or C-12 Earthmoving & Paving Contractor’s License. Any specialty contractor awarded a contract for the work shall itself perform a majority of the work in accordance with the provisions of the California Business and Professions Code Sections 7055-7059.

City of Bakersfield Business Tax Certificate . In accordance with the City’s Business License Tax Ordinance (Municipal Code Chapter 5.02), Contractor shall be required, at his/her own expense, to have a valid and current City of Bakersfield Business Tax Certificate prior to commencing work and throughout the term of the contract. However, a Business Tax Certificate is not required to submit a bid. For further information contact the City of Bakersfield at 661-326-3762.

35. INSURANCE
The Contractor and his/her insurance company should carefully review the insurance requirements applicable to this job. All requirements must be met before the City will allow work to commence on this contract. When performing work on property in the care, custody or control of the City, Contractor shall, at its expense, procure and maintain insurance with a State of California admitted surety with an A.M. Best’s Insurance Rating of A:VII or better on all of its operations under this Contract for the duration of the work and the warranty period. Certificates of Insurance shall be provided within ten (10) consecutive calendar days of request. Failure to furnish the required certificates and endorsements within the time allowed will result in cancellation of award and forfeiture of the Bidder's Bid Security, if said security is required under the contract.

Broad Form Commercial General Liability Insurance. Contractor shall carry broad form commercial general liability insurance in any combination of primary, excess or umbrella insurance, covering all operations by, or on behalf of, Contractor for the limits of liability not less than $1,000,000 per occurrence and in the aggregate, combined single limit for bodily injury and property damage. If the policy has a general aggregate limit, the aggregate limit shall apply separately to this project.

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage “occurrence” form CG 0001. Contractor’s coverage shall be “occurrence” coverage and not “claims made” coverage. Coverage shall include, or be endorsed to include, products and completed operations and coverage for personal injury liability assumed under Contract. The policy shall also include coverage for liability arising out of the use and operation of any City-furnished equipment by Contractor, its personnel and others.

The City, its officers, appointed and elected officials, agents, employees and volunteers shall be named as additional insured on Contractor’s policy by a policy provision or endorsement providing coverage at least as broad as Insurance Services Office “Ad ditional Insured - Owners, Lessees or Contractors (Form B) endorsement Number CG 2010 11 85.”

Automobile Liability Insurance. Contractor shall carry Automobile Liability Insurance in any combination of primary, excess or umbrella insurance, provided the coverage is at least as broad as the liability coverage of Insurance Services Office Business Automobile Liability, Symbol #1 “any auto” (form number CA 0001), in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage. The policy shall include coverage for liability arising out of the use and o peration of owned, non- owned and hired autos, including the operation of City -furnished vehicles by Contractor its personnel and subcontractors.

The City, its officers, appointed and elected officials, agents, employees and volunteers shall be named as additional insured on Contractor’s policy by a policy provision or endorsement providing coverage at least as broad as Insurance Services Office “Additional Insured - Owners, Lessees or Contractors (Form B) endorsement Number CG 2010 11 85.”

Additional Insured. The General Liability and Automobile Liability policies are to contain or be endorsed to name the City, its officers, appointed and elected officials, agents, employees and volunteers as Additional

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Annual Contract for Cold Planing

Insured as respects the liability arising out of the activities performed in connection with this contract. The coverage shall (a) be primary with respect to any insurance or self -insurance programs maintained by the City; (b) stipulate that any insurance or self-insurance maintained by the City shall not be called upon to contribute with the Contractor’s insurance (c) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's li ability; and (d) contain Standard Cross-liability provisions. Such additional insured endorsements maintained by the Contractor and its subcontractors shall not be required to provide coverage for City for the active negligence of City. Original endorsements, signed by a person authorized to bind coverage on its behalf, shall be furnished to the City by the successful bidder. All amendatory endorsements must reference the policy number to which they refer. With regard to additional insured requirements, the following specific language shall be utilized:

“The City is named as additional insured for all liability arising out of the operations by or on behalf the named insured, and this policy protects the additional insured, its officers, appointed and elected officials, agents, employees and volunteers against liability for bodily injuries, deaths or property damage or destruction arising in any respect directly or indirectly in the performance of the contract.

The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured and the coverages afforded shall apply as though separate policies have been issued to each insured.

The insurance provided herein is primary and no insurance held or owned by the City shall be called upon to contribute to a loss.

This policy does not exclude explosion, collapse, underground excavation hazard or removal of lateral support.”

Workers' Compensation and Employers Liability Insurance . Workers’ Compensation Insurance shall be provided as required by any applicable law or regulation. Employers Liability Insurance shall be provided in amounts not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 policy limit for bodily injury by disease, and $1,000,000 each employee for bodily injury by disease. The insurer shall waive all rights of subrogation against the City , its officers, appointed and elected officia ls, agents, employees and volunteers.

If there is any risk of injury to Contractor’s employees under the U.S. Longshoremen’s and Harbor Workers’ Compensation Act, the Jones Act or under other laws, regulations or statutes applicable to maritime employees, coverage shall be included for such injuries or claims.

Workers’ Compensation Self -Insurance. In the event the Contractor is self -insured, he shall furnish a Certificate Of Permission to Self-Insure, signed by the Department of Industrial Relations Administration of Self Insurance, Sacramento, California.

Deductibles and Self -Insured Retention . Any deductibles or self -insured retention, or lack of insurance specified herein, insurance in lesser amounts than specified herein or insurance with a rating less than A.M.

Best’s A:VII, must be declared to, and approved by, the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention or the Contractor shall procure a bond guaranteeing payment of losses and related invest igations, claim administratio n and defense expenses in an amount specified by the City.

Cancellation Clause. Each insurance policy required by this clause shall be endorsed to state that either party shall not cancel coverage, except after thirty (30) days' prior written notice has been given to the City.

The following specific language shall be utilized:

“Coverage by this policy shall not be reduced or cancelled without thirty (30) days written notice given to the City by certified mail.”

All policies shall provide that there shall be continuing liability coverage thereon, not withstanding any recovery on any policy.

All Operations Insurance. The City prefers that the insurance certificates and amendatory endorsements be provided on an “All California Operations” or “All Projects” basis. Note: If stating “All Operations” on the certificate of insurance, do not include a project, contract or agreement number on the insurance documents.

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Annual Contract for Cold Planing

In the event Contractor cannot provide insurance on an “All Operations” basis, all insurance correspondence, notices, certificates, and endorsements from the insurance carriers must each separately reference the City project, contract or agreement number as well as the policy number.

Subcontractors. The City’s insurance requirements shall apply to all subcontractors employed by contractor under the work specified herein. The minimum limits of insurance specified herein shall apply to all subcontractors even though the City has approved lesser insurance requirements for the Successful Bidder.

Commencement of Work and Failure to Comply with Requirements. Original, signed certificates of insurance and original, separate endorsements, naming the City as additional insured for commercial general liability insurance and automobile insurance as well as a waiver of subrogation for Worker’s Compensation Insurance are to be received and reviewed by the City before any work is commenced hereunder by Contractor. An individual who is authorized to sign on behalf of the insurer, thus binding the insurer, shall sign the certificates and amendatory endorsements. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

In the event Contractor fails to comply with this section, the City may take such action as the City deems necessary to protect the City’s interest. Such action may include but is not limited to termination of the Contract, withholding of payments, or oth er actions as the City deems appropriate. Furthermore, if at any time during the life of the contract, Contractor fails to maintain in full force any insurance required by the contract documents, the City may acquire the necessary insurance for the Contractor and deduct the cost thereof from the monies due the Contractor.

The insuring provisions included herein, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions herein may be within public polic y and enforceable. Original insurance certificates and endorsements are to be mailed or delivered to:

Ms. Alexandria Otto
City of Bakersfield
1600 Truxtun Avenue, Second Floor.

Bakersfield, CA 93301

36. WORKER’S COMPENSATION CERTIFICATION
Bidder shall complete the Workers’ Compensation Certification Form (Appendix) certifying compliance with the workers’ compensation provision of the California Labor Code.

37. INDEMNIFICATION
Contractor agrees to indemnify, defend and save harmless the City, its officers, appointed and elected officials, agents, employees and volunteers , and each of them, from and against any and all suits, actions, legal or administrative proceedings, claims, demands, consequential damages, liabilities, interest, attorney’s fees, costs, expenses and losses of whatsoever kind or nature, whether or not we ll founded in fact or in law and, directly or indirectly caused, occasioned or contributed to in whole or in part, or claimed to be caused, occasioned or contributed to in whole or in part, by reason of any act, omission, fault or negligence whether active or passive of the Contractor or of anyone acting under the Contractor’s direction or control, or on the Contractor’s behalf, in connection with or incident to the performance of the Contract including delivery and unloading of supplies and equipment, regardless of the passive, concurrent negligence on the part of the City or anyone acting under its direction or control or on its behalf. Without limiting the generality of the foregoing, the same shall include injury or death of any person or persons and damage to any property, regardless of where located, including without limitation the property of the City, the Contractor’s employees and all other persons.

It is the intent of the parties that this indemnification requirement is not intended to relieve the City from liability for the active negligence of the City, its officers, appointed and elected officials, agents, employees and volunteers. This hold harmless clause is in no way an admission of liability on the part of the City or any of its agents or employees.

Bidder acknowledges that he has fully informed himself of the contents and meaning of this hold harmless agreement and submits a bid with full knowledge thereof and that the terms are contractual and not a mere recital. These requirements shall also apply to any subcontractor whose hazards are not covered by the Contractor's insurance policies.

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Annual Contract for Cold Planing

38. PATENTS AND ROYALTIES
Bidder, in submitting a bid, covenants to save, defend, keep harmless and indemnify the City and all of its officers, departments, agencies, agents and employees from and against all claims, loss, damage, injury, fines, penalties and cost, including court costs and attorney’s fees, charges, liability and exposure, however caused, for or on account of any copyright or patented or unpatented invention, process or article manufactured or used in performance of the contract, including its use by the City. If the con tractor uses any design, device or materials covered by patent or copyright, it is mutually agreed and understood without exception that the contract price includes all royalties or costs arising from the use of such design, device or materials in any way in the work.

39. LABOR AND PREVAILING WAGE REQUIREMENTS

In accordance with the California Code of Regulations (CCR), Title 8, any contract entered into pursuant to this notice shall incorporate all applicable provisions of the State of California Labor Code, including those pertaining to Apprenticeship Employment Standards. Any contractor to whom a contract is awarded, and any subcontractor under him, shall pay all workers employed on the project not less than the prevailing wage rates of per diem wages in the locality in which the work is to be performed for e ach craft, classification or type of worker needed to execute the contract, including employer payments for health and welfare, pension, vacation apprenticeship and similar purposes, as these wage rates are determined by the Director of the Department of Industrial Relations. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work shall be at least time and one half.

The general prevailing rate of wages can be obtained from the California Department of Industrial Relations via the Internet @ www.dir.ca.gov or by phone at 415-703-4780. Said wage rates are also on file at the City offices and will be made available to any person upon request. Bidders are responsible for insuring that the proper rates are paid. No adjustments to the contract will be made du e to bidders’ failure to obtain the proper wage rates. The wage rates will be incorporated by reference , a requirement in any resultant contract.

Contractor acknowledges that he is familiar, or will become familiar, with the applicable provisions of the State of California Labor Code Sections, specifically, but not limited to the following Sections:

1. Labor Code Section 1735, in accordance with CCR, Title 8 Section 16101 – Discrimination in Employment

2. Labor Code Sections 1771 and 1774, in accordance with CCR, Title 8 Section 16000 – Payment of Prevailing Wages

3. Labor Code Section 1773.8 – Travel and Subsistence

4. Labor Code Section 1775 – Penalty for Failure to Pay Prevailing Wages

5. Labor Code Section 1776 – Certified Payroll Records

6. Labor Code Sections 1777.5 and 1777.6 – Apprenticeship Employment Standards

7. Labor Code Section 1777.7 – Penalty for Failure to Comply with Apprenticeship Employment Standards

8. Labor Code Section 1778 and 1779 – Worker’s Wages and Acceptance of Fees

9. Labor Code Section 1810 and 1813 – Legal Day’s Work

10. Labor Code Section 1812 – Record of Work Performed

11. Labor Code Section 1813 – Penalty for Failure to Pay Overtime

12. Labor Code Section 1815, in accordance with CCR, Title 8 Section 16200 – Overtime Rates of Pay

13. Labor Code Sections 1860 and 1861 in accordance with Section 3700 – Worker’s Compensation Insurance

If Contractor does not have a union contract which provides for apprentices, Contractor and all Subcontractors shall submit one of the following to the City of Bakersfield with the signed agreement.:

1. A copy of a “ Request For An Application For A Certificate Of Approval To Employ And Train Apprentices On Public Works”. This request shall be submitted to the local Department of Industrial Relations, Division of Apprenticeship Standards on the Contractor’s and each subcontractor’s letterhead or DAS 140.

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Annual Contract for Cold Planing

2. A copy of an approval to employ and train apprentices from the local Department of Industrial Relations, Division of Apprenticeship Standards.

3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee, providing for apprentices.

The City shall have the right to inspect payroll records during normal working hours and shall have the right to question workers at any time concerning the wages being paid. Contractor shall not interfere in any way with the City’s right to investigate conformance with the aforementioned wage provisions of the contract.

40. TERMINATION FOR DEFAULT AND CAUSE
In the event that the Contractor fails to perform under the terms of the contract, the City may cancel the contract with five (5) days written notice to the Contractor. Termination for cause shall be at the discretion of the City and such cause shall include, but not be limited to, the following circumstances:

1. If the Contractor shall fail to provide services, supplies or materials or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part.

2. Any assignment, subletting or transfer of the interest of the Contractor, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default.

After receipt of a notice of termination, except as otherwise directed, the Contractor shall stop work on the date of receipt of the notice of termination or other date specified in the notice; place no further orders, except as necessary for completion of such portion of the work not terminated; and settle all outstanding liabilities and claims.

In case of default by Contractor, the City may procure the articles or services from other sources and hold the Contractor and/or it’s surety responsible for any resulting additional purchase and administrative costs and may deduct from monies due, or that may thereafter become due to the Contractor, the difference between the contract price and the actual cost thereof to the City, including all costs for re -procurement and contract completion. Prices paid by the City shall be considered the prevailing market price at the time such costs are incurred. This remedy shall be in addition to any other remedies that the City may have.

41. TERMINATION FOR CONVENIENCE
The performance of work under the contract may be terminated by the City in whole or in part whenever the City determines the termination is in the City’s best interest. Any such termination shall be effective by the City by the delivery of written notice of termination at least thirty (30) days before the date of termination, specifying the extent to which performance of the work under the Contract is terminated and the date upon which such termination becomes effective.

After receipt of a notice of termination, except as otherwise directed, the Contractor shall stop work on the date of receipt of the notice of termination or other date specified in the notice; place no further orders or subcontracts for materials, service s or facilities except as necessary for completion of such portion of the work not terminated; terminate all vendors and subcontracts and settle all outstanding liabilities and claims.

42. TEMPORARY SUSPENSION OF WORK
Notwithstanding the foregoing, the City’s Project Manager shall have the authority to suspend the work wholly or in part without penalty or contract termination by the Contractor, for such period as he/she may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the work or extra work that may be done by City Forces. Contractor shall immediately obey such order of the City’s Project Manager and shall not resume the work until ordered to do so in writing by the Project Manager.

43. NON-APPROPRIATION
All funds for payment by the City under this Contract are subject to the availability of an annual appropriation for this purpose by the City Council. In the event of non -appropriation of funds by the City Council for the services or goods provided under contract, the City will terminate the Contract, without termination charge or other liability, on the last day of the then-current fiscal year or when the appropriation made for the then- current year for the supplies or services covered by this contract is spent, whichever event occurs first. If at

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Annual Contract for Cold Planing

any time funds are not appropriated for the continuance of the contract, cancellation shall be accepted by the contractor on thirty (30) days’ prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination.

44. INVOICES
Unless otherwise specified, invoices shall be sent to the address set forth herein below. Invoices shall be submitted in duplicate and shall include the Contract number and the City representative’s name; unit price, extended item price and invoice total amount. State sales tax and/or use tax shall be itemized separately and added to each invoice as applicable.

Supplier is fully responsible for assuring that all services arising from the agreement are billed the correct and applicable contract rate. Supplier is required to establish and maintain a process to monitor its billing practices and will refund all over charges that may occur. The City will routinely audit bills generated to ensure adherence to the terms and conditions of the contract.

City of Bakersfield
Attention: Accounts Payable
1600 Truxtun Avenue
Bakersfield, CA 93301

45. PAYMENT
The City’s obligation to pay amounts due under the contract shall be contingent upon receipt by the City of invoices in sufficient detail to permit identification of the items as described in the specifications of the Invitation to Bid. Payment will be made within thirty (30) days after the receipt of a correct invoice, whichever event occurs later. Any payments due contractor shall be withheld pending receipt of any outstanding reports required by the contract documents.

City Right to Withhold Certain Amounts . In addition to the payment to be retained by the City under the provisions of the contract documents, the City may withhold a sufficient amount of any payment otherwise due to the contractor to cover (a) payments that may be past due and payable for just c laims for labor or materials furnished in and about the performance of the work under this contract (b) for defective work not remedied or (3) breach of any terms of this contract. The City shall disburse, and shall have the right to act as agent for the contractor in disbursing such funds as have been withheld pursuant to this subsection, to the party or parties who are entitled to payment therefrom. The City will render to the contractor a proper accounting of all such funds disbursed on behalf of the contractor.

46. NOTIFICATION OF MATERIAL CHANGES IN BUSINESS
Contractor agrees that if it experiences any material changes in its business, including, without limitation, a reorganization, refinancing, restructuring, leveraged buyout, bankruptcy, loss of key personnel, etc., it will immediately notify the City of th e changes. Contractor also agrees to immediately notify the City of any condition which may jeopardize the scheduled delivery or fulfillment of contractor’s contractual obligations to the City. Upon filing for bankruptcy or insolvency proceeding, by or a gainst the contractor, whether voluntary or involuntary, or upon the appointment of a receiver, trustee or assignee for the benefit of creditors, the City reserves the right at its sole discretion to terminate the contract either for cause or convenience as provided in this Invitation to Bid.

47. ASSIGNMENT OF CONTRACT
The expertise and experience of the contractor and the quality of goods or services supplied under the contract are material considerations for this contract. The City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on the contractor under the contract. In recognition of this fact, no assignment by the contractor of the contract or any part hereof, or of funds to be received hereunder, will be binding upon the City unless suc h assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to, and bind the party or parties to whom such work is assigned, sublet or transferred.

Any attempted or purported assignment without the City’s written consent shall be void and of no effect.

48. AUTHORITY OF THE CITY
Subject to the power and authority of the City as provided by law and in this contract, the City shall in all cases determine the quantity, quality, and acceptability of the work, materials and supplies for which payment is to be made under this contract. The City shall decide the questions that may arise relative to the fulfillment of the contract or the obligations of the contractor hereunder.

Bid No. 25-26-22
Annual Contract for Cold Planing

49. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance by the Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.

50. LAWS TO BE OBSERVED
Contractor shall keep itself fully informed of, and shall observe and comply with, all laws, ordinances and regulations which in any manner affect those engaged or employed on any work, or the materials a nd equipment supplied or used in the work, or in any way affect the performance of the work, and of all orders and decrees of agencies having any jurisdiction or authority over work performed under the contract.

51. EQUAL EMPLOYMENT OPPORTUNITY
In submitting a bid, bidder certifies that he/she will comply with all the provisions of the Equal Opportunity Clause of Executive Order 11246 as amended by Executive Order 11375. Attention of the bidder is particularly called to the requirement for ensuring that employees, and applicants for employment, are not discriminated against because of their ancestry, race, religion, color, gender, age, disability, political affiliation, national origin or ancestry, except when such a condition is a bona fide occupational qualification reasonably necessary for the normal operations of the Contractor.

It is understood and agreed that the contractor shall comply with all requirements, when applicable, of the California Fair Employment Practices Commission and provisions, when applicable, of all Federal, State of California, County of Kern and the City’s laws and ordinances, in performance of fulfilling this agreement.

The aforesaid provisions shall include, but not be limited to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.

Contractor agrees to post in conspicuous places, visible to the employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Contractor, in all solicitations or advertisements for employees, placed by, or on behalf of Contractor, shall state that Contractor is an Equal Opportunity Employer.

In submitting a bid, bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. Bidder further certifies that he will not maintain or provide for his employees and segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. Bidder agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit direction or are in fact segregated on the basis of race, color, religion, sex or national origin because of habit, local custom, or any other reason.

Bidder agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he will retain such certifications in his files.

52. STATE CONTRACT ACT NOT APPLICABLE
This project is not governed by the provisions of the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work specified herein shall not be construed as an election by the City to proceed under Section 20396 of the Public Contract Code. In the event that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any form, although they may do so upon written agreement.

53. CONFIDENTIALITY OF CITY INFORMATION
During performance of the contract, contractor may gain access to and use financial, statistical, personal, technical or other information relating to the City’s operations, hereafter collectively referred to as “City Information”, which are designated con fidential by the City and made available to the contractor.

Contractor agrees to protect all City Information and treat it as strictly confidential and further agrees that it

Bid No. 25-26-22
Annual Contract for Cold Planing

shall not at any time, directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party without the prior written consent of the City. A violation by contractor of this Section shall be a material violation of the contract and shall justify legal and/or equitable relief.

54. CONTRACTOR INFORMATION
All proprietary and other information received from the contractor by the City, whether received in connection with contractor’s bid to the City or in connection with any services performed or goods provided under the contract will be disclosed upon a receipt of request for disclosure, pursuant to the California Public Records Act.; provided, however, that, any information set apart and clearly and reasonably marked by the contractor as Trade Secrets”, “Confidential” or “Proprietary”, as defined in Californ ia Government Code, Section 6254.7, shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law.

The City shall give notice to the contractor of any request for disclosure of such information. Contractor shall have five (5) days from the date it receives such notice to enter into an agreement with the City, satisfactory to the City’s Attorney, providing for the defense of, and complete indemnification and reimbursement for all costs, including plaintiff’s attorney fees, incurred by the City in any legal action to compel the disclosure of such information under the California Public Records Act. Contractor shall have sole responsibility for defense of the actual “trade secret” designation of such information. Failure by contractor to label materials or information as proprietary or failure to respond to the notice provided by the City for the requeste d release of information under the California Public Records Act, shall be deemed a waiver by the contractor of any claim against the City for release of said materials or information.

55. NEWS RELEASES
News releases, publications or advertisements pertaining to this Invitation to Bid or to the project to which the Invitation to Bid relates shall not be made without prior approval of the City, and only in coordination with the City.

56. RECORDS AND AUDIT

Contractor shall maintain complete and accurate records with respect to the services rendered and the costs incurred under this agreement, including all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City . All such records shall be prepared in accordance with Generally Accepted Accounting Practices (GAAP), shall be clearly identified and shall be kept readily acces sible.

Upon oral or written request of the City , Contractor shall make such records available to the City’s auditor and his agents and representative, for the purpose of auditing and/or copying such records, at any time during regular business hours, for a period of three (3) years , or for any longer period required by law, from the date of final payment under this agreement.

Under California Government Code Section 8546.7, if the amount of public funds expended under the contract is anticipated to exceed Ten Thousand Dollars ($10,000.00), the contract shall be subject to the examination and audit of the State Auditor, at the r equest of City or as part of any audit of the City, for a period of three (3) years after final payment under the contract.

57. SEVERABILITY
If any provisions of this Invitation to Bid shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

58. SURVIVAL
Notwithstanding the City's acceptance of the work and payment therefor e, Contractor shall remain obligated under all clauses of this Contract, which expressly or by their nature extend beyond and survive such acceptance and payment or termination. The contract shall be binding on the heirs, executors, administrators, successors and assigns of the parties

59. VENUE
Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested exclusively in the State and Federal Courts loca ted in Kern County, California and bidder consents to jurisdiction over their persons and over subject matter of any such litigation in said courts, and consent to service process issued by said courts.

Bid No. 25-26-22
Annual Contract for Cold Planing

60. INCURRING COSTS
The City is not liable for any cost incurred by bidders in responding to this Invitation to Bid. Such expenses shall be borne exclusively by the bidder.

61. LIQUIDATED DAMAGES
The time of completion stated herein is of the essence. Contractor hereby agrees that In the event all work specified herein has not been completed within 7 calendar days of Notice to Proceed, damage will be sustained by the City, and that it is, and will be, impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay, and it is therefore agreed that Contractor shall pay to the City an amount of $500 per day for each calendar day between the completion date specified herein, and the date of final acceptance by the City, as liquidated damages and not as penalty.

It is further agreed that the amounts stipulated are reasonable estimates of the damages that would be sustained by the City and Contractor agrees to pay such liquidated damages as herein provided. In case the liquidated damages are not paid, Contractor agrees that the City may deduct the amount thereof from any money due to or that may become due Contractor.

62. CANCELLATION OF SOLICITATION
The City may cancel this solicitation at any time.

Bid No. 25-26-22
Annual Contract for Cold Planing

SCOPE OF WORK
BID NO. 25-26-22

1. INTENT
The City of Bakersfield Purchasing Division is soliciting bids from qualified contractors for providing an annual contract for Cold Planing for the Public Works Department Streets Division on an “on- call, as-needed” basis with no minimum per project. Note: mobilization charges must be included as noted on Bid Form.

All work shall be commensurate with the highest professional standards and shall be performed in a good and workmanlike manner, by experienced personnel specializing in concrete construction. It is the City’s intent to contract to assure a continuing and reliable source of service to provide for the Cold Planing and the needs herein stated are those that may be termed immediate, usual and common.

2. SCOPE OF WORK
The work consists of the cold planing and grinding in commercial and residential areas of the city.

Contractor must have the ability to complete a minimum of 120,000 square feet at 3” per eight- hour day.

Contractor shall exercise all safety precautions and keep himself and his employees informed of all restrictions and regulations applicable to the work. The City of Bakersfield and its employees shall be held free of liability from any claims, suits or civil actions arising directly, or indirectly, arising from Contractor’s operations or failure on the part of the Contractor to abide by the terms and conditions of this Invitation to Bid. The work includes both small and large repair jobs.

Work shall commence within forty-eight (48) hours of notification and continue daily until completion of the project. Work shall begin no earlier than 11:00 p.m. and cease no later than 11:00 p.m., Sunday through Friday, unless otherwise directed by the City’s Public Works Department Streets Division. Contractor shall notify the City by 8:00 a.m. the morning prior to the start of work. All work shall be done under the direction of, and to the satisfaction of, the City of Bakersfield Streets Superintendent or his representative. Contractor shall perform work in such a manner to avoid disruption of the normal vehicular and pedestrian traffic.

The work to be done consists of the following:

1. Normal header cut of up to .25 depth below lip of gutter, tapering to zero at a minimum of seven (7) feet up to fourteen (14) feet from lip of gutter. End header cut to be up to .25 depth below lip of gutter, tapering to zero at a minimum of twenty-five (25) feet.

Full-width Street grinding will vary in depth from 0.00 to 1.17 feet.

Note: City will furnish barricades, trucks to haul away materials, traffic control, clean -up and will ramp the end cuts with oil sand.

3. CONTRACT TERM
The contract is expected to begin on or after February 11, 2026. The term of the contract shall be one (1) year and shall be renewable annually thereafter for four (4) consecutive one-year periods at the City’s option and upon mutually agreeable terms.

4. CONTRACT PRICING FOR GRINDER AND OPERATOR
All mobilization and travel time must be included in the rates as the City of Bakersfield will not pay mobilization and travel time as a separate cost.

Bid No. 25-26-22
Annual Contract for Cold Planing

-4ft. asphalt grinder with operator
-8-hour day rate
-Overtime rate after 8 hours
-2’ and 3’ drums additional charge per shift

-7 ft. asphalt grinder with operator
-8-hour day rate
-Overtime rate after 8 hours
-6mm spacing micro mill drum additional charge per shift

-CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES
-7’ Grinders must be equipped with an averaging system. -7’ Grinders must have a grade control box to be mounted on the bottom, if requested, so that City staff can observe the grade/slope being cute at all times. -All equipment must be tier 4 to comply with California emissions standards. -Contractor to provide a low bed on site at all times for equipment. -Ensure that only well-maintained equipment are utilized when providing services. -Ability to be on the job site on time and as scheduled to perform the work as directed -
Any costs incurred by the City as a result of the Contractor’s failure to perform—including, but not limited to, late arrivals, no -shows, equipment breakdowns, or insufficient production—shall be the sole responsibility of the Contractor. The Contractor shall adjust the applicable invoices by reducing the amount due by the costs incurred by the City.

The rates quoted in the Bidder’s proposal shall be firm against any increase for a period of one (1) year from the effective date of the Contract. Contract pricing may be adjusted annually at the anniversary date upon mutually agreeable terms to adjust for changes in the cost of materials and overhead, as well as documented changes in prevailing wage rates for the classifications applicable to the work specified herein.

Contract Renewal and Price Adjustment . Pricing may be adjusted annually in accordance with the procedures specified herein. It will be the responsibility of the Contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the Purchasing Officer within the sixty (60) calendar day period prior to the annual anniversary date of the Contract. Requests filed after this time period may not be considered.

The Purchasing Officer will review the request for increase and either grant or deny the request within fifteen (15) calendar days. Any Contract unit price changed as a result of this procedure shall become effective on the anniversary date of the Contract and shall be binding on th e Contractor for the ensuing renewal term or terms.

Annual adjustments for work which includes labor and equipment, shall be based on the following:

Sixty percent ( 60%) of the contract price shall be adjusted to reflect any increase or decrease in labor costs (prevailing wages) based on the straight time hourly labor cost for the classifications applicable to the work as published by the State of California Department of Industrial Relations for the Kern County locality. The remaining forty percent (40%) may be adjusted to reflect any increase in the prices of materials and overhead and shall be based on the movement of the unadjusted figures of the U.S.

Department of Labor Consumer Price Index (CPI) for All Urban Consumers (CPI -U) U.S.

City West – size class B/C, Service Group, Transportation Services, Average for the twelve- month period ending in the month of December of each contract year.

Annual adjustments for equipment only shall be based on the following:

Bid No. 25-26-22
Annual Contract for Cold Planing

U.S. Department of Labor Consumer Price Index (CPI) for All Urban Consumers (CPI -U) U.S. for the most current twelve month reporting period available. Contract price may be adjusted to reflect any increase or decrease in labor costs (prevailing wages) based on the straight time hourly labor cost for the classifications applicable to the work as published by the State of California Department of Industrial Relations for the Kern County locality , and price of materials and overhead based on U. S. Department of Labor Consumer Price Index (CPI), Service Group, Transportation Services for All Urban Consumers (CPI -U) U. S. City Average for all items (unadjusted figures) for the twelve month period commencing with the index at the time of bid.

Price adjustments shall be calculated by applying the simple percentage method. This method is defined as dividing the Index value at time of calculation (latest version of the Index published as of the date of the request for price adjustment) by the Ind ex value of base period (final published data of the Index for the base period at the time of bid or subsequent renewal periods), then multiplying the sum by the base price (price at time of award).

Index Value at time of Calculation x Price at Time of Award = Adjusted Price Index Value of Base Period

The City reserves the right to accept or reject any request for a price increase; however, the City will consider annual price increases only in cases when the Contractor’s commercial rates have changed for all customers served by the Bidder. The price change cannot apply only to services provided under this Agreement. Adjustments shall in no case exceed five percent (5%) unless very unusual and significant changes have occurred in the industry.

If the City approves the price increase, the price shall remain firm for one (1) year from the effective date of the price increase. If the City does not approve the price increase, the Contractor may terminate its performance under the Agreement upon thir ty (30) days advance written notice to the Purchasing Officer. Termination of performance shall be the Contractor’s only remedy if the Purchasing Officer does not approve the price increase.

If the Contractor and the City do not agree on a price, using the procedure set forth above, by the thirtieth (30 th) day prior to the end of the initial Agreement term or the end of the ensuing renewal term or terms, the City may terminate the Agreement whether or not the City has previously elected to extend the term.

If at any time during the term of the Agreement a price decrease occurs, the Supplier shall submit a price decrease in accordance with the methodology prescribed herein. The price decrease shall become effective upon the City’s Purchasing Officer’s receipt of Supplier’s notice.

Additionally, since the contract is operating on pricing resulting from the use of the Producer Price Index, the City reserves the right, at any time, to initiate a request for price decrease based upon the Producer Price Index.

Extreme Economic Conditions . During the term of the Contract, should the Supplier’s costs increase more than ten percent (10%) due to extreme economic or market conditions, the City may consider additional increases under the Contract. It will be the responsibility of the Supplier to request a price adjustment and to provide all documentation necessary and requested by the City. The City reserves the right to accept or reject any request for a price increase. If the City approves the price increase, the price shall be subject to review as market or economic conditions change. All price decreases of any amount occurring after an adjustment for extreme economic conditions shall be immediately passed to the City. If the City does not approve the price increase, the Supplier may terminate its performance under the Agreement upon sixty (60) days advance written notice to the Purchasing Officer. Termination of performance shall be the Supplier’s only remedy if the Purchasing Officer does not approve the pric e increase.

Bid No. 25-26-22
Annual Contract for Cold Planing

The City reserves the right to accept or reject any request for a price increase; however, the City will consider price increases only in cases when the Supplier’s commercial rates have changed for all customers served by the Bidder. The price change cann ot apply only to products and services provided under this Contract. Adjustments shall in no case exceed five percent (5%) unless very unusual and significant changes have occurred in the industry and only upon the approval of the City.

All prices changed in accordance with the requirements specified herein shall be binding on the Supplier for the ensuing renewal term or terms.

If the City does not approve any price increase, the Supplier may terminate its performance under the Contract upon sixty (60) days advance written notice to the Purchasing Officer. Termination of performance shall be Supplier’s only remedy if the Purchas ing Officer does not approve the price increase.

Price Decrease. If at any time during the Contract a price decrease occurs, or should Supplier sell the same materials or service under similar quantity or delivery conditions to the State of California or any county, municipality or legal district of the State of California, at prices below those quoted in response to this Invitation to Bid, such lower prices shall be immediately extended to the City of Bakersfield.

Bid No. 25-26-22
Annual Contract for Cold Planing

PROSECUTION OF WORK
BID NO. 25-26-22

1. PROSECUTION AND INSPECTION OF WORK
Contractor shall give full attention to the work required under the contract. Contractor is responsible for the completion of all work set out in the contract and will be held strictly to the true intent of the contract regarding the quality and quantity of work and the diligent execution of the contract. All work shall be performed by experienced personnel and shall be commensurate with the highest professional standards.

Project Manager’s Responsibility and Authority . All work shall be done under the general supervision of the Project Manager or his designee(s). However, the Project Manager will have neither control over nor bear responsibility for the acts or omissions of the Contractor, sub - contractors, their agents or employees, or for failure of any of these to carry out the work in accordance with the contract documents. The Project Manager has the right to reject work that does not conform to the contract document s. The Project Manager has the authority to make and/or approve changes in the work. The Project Manager shall decide any and all questions that may arise as to the quality and acceptability of work performed, rate of progress of work, and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor.

The Project Manager shall have the authority to suspend the work, wholly or in part, for such period or periods, as he may deem necessary, due to unsuitable weather or other such conditions as are considered unfavorable for the prosecution of work, or fail ure on the part of the Contractor to carry out the provisions of the Contract. The Contractor shall not suspend operation without the Project Manager’s permission.

Contractor’s Responsibility and Authority. The Contractor shall bear all responsibility for, and have all control over, the construction means, methods, techniques, sequences, procedures and safety precautions or programs. However, all work is subject to inspection, evaluation, and approval by the City’s Project Manager or his/her designated representative. The City may employ all reasonable means to ensure that the work is progressing and being performed in accordance with the contract.

Alteration in Work Quantities . The City reserves the right to make such alterations in the work as may be necessary and desirable to complete the originally intended work in an acceptable manner. Unless otherwise specified, the Project Manager is authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities.

Oral Agreements. No oral order, objections, claim or notice by any party to the other shall affect or modify any of the terms or obligations contained in any of the contract documents and none of the provisions of the contract documents shall be held to be waived or mod ified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof, in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification.

Working Day. The Contractor's activities shall generally be confined to the hours between 11:00 P.M. and 11:00 P.M., Sunday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the City, except in emergencies involving immediate hazard to persons or property. The City reserves the right to amend the hours of work to serve the best interest of the City. Changes to the hours of work are at the sole discretion of the City.

Care of Existing Structures . The Contractor shall be held responsible for any breakage, loss or damage of the City’s equipment or supplies or to property owned by the City or the public through the negligence of the Contractor or his employees while performing the work specified he rein or

Bid No. 25-26-22
Annual Contract for Cold Planing

working on the City’s premises. Contractor shall be responsible for restoring or replacing any equipment, facilities and structures so damaged. Contractor shall immediately report to the City any damages to the premises resulting from services performed o r goods supplied under this contract. Failure or refusal to restore or replace such damaged property will be a breach of this Contract.

Preservation of Natural Features . Contractor shall confine all operations to the work limits of the project. Contractor shall prevent damage to natural surroundings and restore damaged areas by repairing or replacing damaged trees and plants, at no additional expense to the City.

1. Provide temporary barriers to protect existing trees, plants and root zones. Roots exposed as a result of the work specified herein shall be neatly pruned and covered with topsoil.

The remediation work shall be done as soon as possible and shall be considered incidental to the contract and no additional compensation will be allowed for said remediation work.

2. Do not remove, injure, or destroy trees or other plants without prior approval. Consult with the Project Manager to remove agreed on roots and branches that interfere with work.

3. Do not fasten ropes, cables, or guy lines to existing trees.

4. Carefully supervise excavating, grading, filling, and other construction operations near trees to prevent damage.

Traffic and Access . All of the work to be performed under this contract is in the public streets (residential and commercial, high -traffic areas) and shall be done in accordance with City ordinances regulating the use of public streets within the city of Bakersfield. Contractor shall at all times conduct his work so as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity. Contractor shall provide passageways around the areas of demolitions to ensure safe passage of pedestrians in the area.

Hauling Restrictions . Contractor shall comply with all restrictions when hauling material. Load restrictions on roads are identical to the State of California Department of Motor Vehicle load restrictions. A permit will not relieve the Contractor of the liability for damage or the possible citations that may result from improperly moving of equipment/materials.

Dust Control. As applicable, Contractor shall maintain all work areas within contract work limits free from dust, as determined by the City. Only industry -accepted methods of dust control, suitable for the area involved, will be permitted. In all cases dust conditions and dust contro l procedures must comply with Clean Air laws and the Air Resources Board. The dust abatement measures shall be continued until the Contractor is relieved of further responsibility by the Project Manager. No separate payment will be made to Contractor for dust abatement measures and all costs thereof shall be included in the various prices named in the bid form for completion of the work.

Rights Reserved. Contractor agrees that the City has the right to make all final determinations as to whether the work has been satisfactorily completed. If Contractor fails to comply with the conditions of the contract, or fails to complete the required work or furnish th e required materials within the time stipulated, the City reserves the right to purchase in the open market, or to complete the required work, at the expense of the Contractor, including but not limited to, by recourse to provisions of the performance bond if such bond is required under the conditions of this bid.

2. CONTRACTOR SAFETY STANDARDS
Compliance with Laws . Contractor shall keep itself fully informed of, and shall observe and comply with, all laws, ordinances and regulations which in any manner affect those engaged or employed on any work, or the materials a nd equipment supplied or used in the work, or in any

Bid No. 25-26-22
Annual Contract for Cold Planing

way affect the performance of the work, and of all orders and decrees of agencies having any jurisdiction or authority over work performed under the contract. Attention is specifically drawn to the requirements of FED-OSHA and CAL-OSHA.

Contractor shall agree that all material delivered and services rendered under this Invitation to Bid comply with the Williams -Steiger Occupational Safety and Health Act of 1970 (and all applicable amendments thereof) and the State of California Industrial Safety Act (and all applicable amendments thereof). Contractor further certifies that all items furnished under this bid will conform and comply with the indemnification and hold harmless clause for all damages assessed against the City as a result of Co ntractor’s failure to comply with the aforementioned Acts and the standards issued thereunder and for the failure of the items furnished under this bid to so comply.

Contractor shall be responsible for ensuring that any subcontractors used in the work specified herein meet the safety standards specified herein.

If any discrepancy or inconsistency should be discovered between the contract and any such law, ordinance, regulation, order or decree, Contractor shall immediately notify the City in writing.

Contractor shall be responsible for the compliance by subcontr actors of all tiers, with these provisions. Contractor shall hold the City harmless from any liability resulting from failure of such compliance. In case of conflict between federal, state and local laws, rules, regulations, codes and ordinances, the most stringent shall apply.

In case of conflicts between federal, state, and local safety and health requirements, the most stringent shall apply. Failure to comply with the requirements of this section and related sections may result in suspension of work.

Contractor Safety Duties . In accordance with generally accepted construction practices and state law, Contractor shall at all times so conduct his work as to insure the protection of persons and property in a manner satisfactory to the City. The Contractor agrees that he shall, for all purposes, take exclusive control of the sites of work and shall maintain the sites and areas adjacent thereto in a reasonable, secure and safe manner.

Only workmen thoroughly familiar with their line of work will be employed on the job. Any overseer, superintendent, laborer or other person employed on the work by the contractor, who shall perform his work in a manner contrary to the specifications or saf ety directives contained herein, or refuses to carry out the orders of the City, shall be discharged immediately, and such persons shall not again be employed on the work. The following requirements shall apply to all persons employed by the Contractor in the performance of work specified herein:

1. Contractor shall ensure that employees are physically qualified to perform their assigned duties in a safe manner.

2. Contractor shall prohibit employees to work whose ability or alertness is impaired because of drugs, fatigue, illness, intoxication, or other conditions that may predispose them to injury.

3. Contractor shall ensure that all drivers shall be properly licensed and shall operate vehicles and equipment used in the performance of the contract in a safe and prudent manner.

Contractor shall provide operating instructions for all equipment and vehic les. Operators of equipment and vehicles shall be able to understand signs, signals, and operating instructions and be capable of operating such equipment. Newly hired equipment operators shall be individually tested by an experienced operator or superv isor to determine if they are capable of safely operating equipment.

Bid No. 25-26-22
Annual Contract for Cold Planing

Noise Levels . A noise level limit of 86 dbA at a distance of fifty feet (50') shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cas es required for the protection of personnel.

Safety and First Aid Requirements . Successful Contractor shall comply with the provisions of California Code of Regulations Section 1502 & 1512, et. seq. regarding safety and first aid kits on site.

Stop Work Order for Safety Violations . The City may order the Contractor to stop work whenever any safety violation is observed and/or evidenced. The Contractor shall comply with the stop work order and shall not resume the work until the safety violation is corrected to the satisfaction of the City. Contractor shall not be entitled to any compensation for time during the period of the stop work order. The City also reserves the right to modify or suspend any work assignment due to adverse weather conditions or any other reasons at no cost to the City.

City Review of Contractor’s Safety Practices . The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, or safety measures, in, on, or near the site or during the course Contractor’s of work.

3. TRENCH SAFETY
Contractor shall comply with Section 6705 of the Labor Code which provides that the Contractor’s responsibility shall be as follows:

If the contract price for the project includes an expenditure in excess of twenty -five thousand dollars ($25,000) for excavation of any trench or trenches five (5) feet or more in depth, Contractor or his subcontractor shall not begin any trench excavation unless a detailed plan, showing the design of shoring, bracing, sloping or other provisions to be made for worker protection during excavation of the trench, has been submitted by Contractor to the City Engineer and the detailed plans have been reviewed by the City Engineer.

If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer.

Nothing in this section shall be deemed to allow the use of shoring, sloping or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. Nothing in this section shall be construed to impos e tort liability on the City of Bakersfield or any of its employees. The term “Public Works” shall have the same meaning as in Labor Code Sections 1720 and 1722 respectively.

4. EXECUTION OF THE WORK

1. The work specified herein will be performed in various locations throughout the City of Bakersfield. Contractor shall be assigned work on an as-needed basis.

2. Each work assignment shall start within forty-eight (48) hours after receipt of notification to proceed by the City.

3. Prior to the commencement of each work assignment, Contractor may be required to meet with the City’s Project Manager or his designated representative, to discuss any problems or questions pertaining to the work specified. There shall be no additional cost associated with attendance at these meetings.

Bid No. 25-26-22
Annual Contract for Cold Planing

4. Contractor shall report any unusual or hazardous conditions or other pertinent information to the City’s Project Manager prior to commencement of any work.

5. Normal work week shall be Sunday 11:00 p.m. through Friday 11:00 p.m. Weekend operations must be coordinated with the Streets Division.

6. All work starting after 11:00 p.m. on Sunday night will be a normal work week shift and not subject to overtime rates. Work starting after 11:00 p.m. Friday to 11:00 p.m. Saturday will be a Saturday shift. Work starting after 11:00 p.m. on Saturday to 11:00 p.m. Sunday will be a Sunday shift.

7. Contractor shall perform services in a manner commensurate with the highest professional standards and best industry practices, using qualified and experienced personnel.

Contractor shall give his personal attention to the fulfillment of the contract and keep work under his control.

Bid No. 25-26-22
Annual Contract for Cold Planing

CITY OF BAKERSFIELD

BID NO. 25-26-22

IMPORTANT NOTICE

DOCUMENTS TO BE RETURNED WITH BID

The following documents must be completed and submitted on or before the Submittal Deadline. Failure to complete, sign (where required), and return the documents with your bid may render it non-responsive.

• Bid Form (all pages)
• Bidder’s Security (bond form not provided)
• Bidder’s Statement of Compliance with Insurance Coverage • Workers’ Compensation Insurance Certification
• Statement of OSHA Compliance
• Waiver of Provisions for Substitution of Securities in Lieu of Retention • Non-Collusion Affidavit
• Equal Employment Opportunity Compliance Certification

DOCUMENTS TO BE RETURNED WITHIN TEN (10) DAYS OF REQUEST

• Signed Contract
• Insurance Certificates and Additional Insured Endorsements • Worker’s Compensation Waiver of Subrogation
• Performance Bond (bond form not provided)
• Labor and Materials Bond (Bond form not provided)

Bid No. 25-26-22
Annual Contract for Cold Planing

BID FORM ~ PAGE 1
BID NO. 25-26-22

NAME OF CONTRACTOR:

BUSINESS ADDRESS:

TELEPHONE NUMBER:

FACSIMILE NUMBER:

E-MAIL ADDRESS:

CONTACT (for this Invitation to Bid):

CITY BUSINESS LICENSE #:

FEDERAL EMPLOYER ID #:

STATE OF CALIFORNIA DIR #:

CONTRACTOR’S LICENSE INFORMATION
LICENSE CLASSIFICATION: LICENSE NUMBER : EXPIRATION:
□ CORPORATION □ PARTNERSHIP □ JOINT VENTURE □ SOLE PROPRIETOR □ OTHER For Corporations, the state in which the firm is incorporated:

The undersigned declares that this Bid is based upon careful examination of the specifications provisions of Bid No. 25-26- 22 - Annual Contract for Cold Planing . Bidder hereby agrees to provide all labor, supervision, machinery, tools and apparatus and incidentals necessary to perform all work and provide all products in accordance with the specifications, terms, conditions and requirements of Bid No. 25-26-22. The undersigned further declares that he/she has not directly or indirectly entered into an agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with said Invitation to Bid. By entering into this Contract, the Contractor, conveys, sells, assigns and transfers to the City all rights, titles and interest it may now have or hereafter acquire under the antitrust la ws of the United States and the State of California that relate to the part icular goods or services purchased or acquired by the City under said Contract. Bidder agrees and so stipulates in submitting this bid, as though stated therein, and in any subsequent award of contract that:

A. Contractor is an independent contractor, not an employee, agent, or officer of the City.

B. Contract, should it be awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

C. Should Contractor be awarded a contract, Contractor shall not assign contract, or any part thereof, or any moneys due or to become due hereunder, without prior consent of the City.

D. Contractor warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the Contractor, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract.

E. Bid No. 25-26-22 in its entirety and all addenda are hereby made a part of the contract.

_______________________________ ___________________________________________ ___________________ Authorized Signature Name & Title of Person Authorized to Sign Date

Bidder acknowledges receipt of Addenda Number(s) □, □, and □

Bid No. 25-26-22
Annual Contract for Cold Planing

BID FORM ~ PAGE 2
BID NO. 25-26-22

DESCRIPTION QUAN
TITY

UNIT OF

MEASURE UNIT PRICE EXTENDED PRICE
4 ft. asphalt grinder w/operator
8 hr. day rate/price per shift 20 shifts $ $
4 ft. asphalt grinder w/operator
Overtime rate after 8 hrs./price per hour 20 shifts $ $ 7 ft. asphalt grinder w/operator
8 hr. day rate/price per shift 120 shifts $ $
7 ft. asphalt grinder w/operator
Overtime rate after 8 hrs./price per hour 100 shifts $ $ 6 mm Micro Mill for 7 ft. asphalt Grinder
8 hr. day, additional price per shift 10 shifts $ $
2 ft. & 3 ft. drum swap charge for 4 ft. machine 10 shifts $ $ Sunday – additional charge for 8 hr.
shift/price per shift 10 shifts $ $
Saturday – additional charge for 8 hr.
shift/price per shift 10 shifts $ $
(Total Annual Estimate) TOTAL $

Bid No. 25-26-22
Annual Contract for Cold Planing

SUBCONTRACTORS
Pursuant to the provisions of Sections 4100 to 4113 inclusive, of the Public Contract Code of the State of California, the un dersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one -half of one percent (1/2 of 1%) of the of the total bid. All work not listed below shall be performed by the undersigned bidder. It is understood that the bidder, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the consent of the City and t he approval of the Project Manager.

CONTRACTOR’S

NAME AND

ADDRESS
CONTRACTOR’S

LICENSE
NUMBER

CALIFORNIA

DIR NUMBER

TELEPHONE
NUMBER

TYPE OF
WORK
DOLLAR

VALUE OF
WORK

DESIGNATION OF SURETIES

The following are the names, addresses, and telephone numbers for all brokers and sureties from whom bidder intends to procure insurance and/or bonds.

TYPE

COMPANY NAME

ADDRESS

TELEPHONE
NUMBER

CONTACT
General Liability
Automobile Liability
Worker’s
Compensation

Bid No. 25-26-22
Annual Contract for Cold Planing

STATEMENT OF COMPLIANCE WITH INSURANCE REQUIREMENTS
To Be Executed By Bidder & Submitted With Bid

TO: CITY OF BAKERSFIELD

RE: BID NO. 25-26-22

Contractor shall carefully review the insurance requirements applicable to this contract. Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

Prior to commencement of work under the contract, Contractor shall provide to the City original, signed certificates and original, separate amendatory endorsements, naming the City as additional insured for liability insurance and automobile insurance as well as a waiver of subrogation for Worker’s Compensation.

MINIMUM SCOPE OF INSURANCE

1. Workers’ Compensation Insurance as required by the State of California

2. Employer’s Liability Insurance

3. Original and separate Waiver or Subrogation for Workers’ Compensation Insurance

4. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001)

5. Insurance Services Office Automobile Liability coverage (Form CA 0001, Code 1, Any Auto)

6. Original and separate Additional Insured Endorsements for General and Automobile Liability with primary language

BIDDER’S STATEMENT

BIDDER HEREBY CERTIFIES that the Bidder has reviewed and understands the insurance coverage requirements specified in the Invitation to Bid (Bid No. 25-26-22). Should the Bidder be awarded the contract for the work, Bidder further certifies that the Bidder can meet the specified requirements for insurance, including insurance coverage of subcontractors, and agrees to name the City as Additional Insured for the work specified.

_____________________________________________________________ Name of Bidder (Person, Firm, or Corporation)

___________________________________________________________________ Signature of Bidder's Authorized Representative

___________________________________________________________________ Name & Title of Authorized Representative

___________________________________________________________________ Date of Signing

Bid No. 25-26-22
Annual Contract for Cold Planing

WORKERS’ COMPENSATION INSURANCE CERTIFICATION
To Be Executed By Bidder & Submitted With Bid

TO: CITY OF BAKERSFIELD

RE: BID NO. 25-26-22

The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

“I am aware of the provisions of Section 3700 of the Labor Code that requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with suc h provisions before commencing the performance of the work under this contract.”

_____________________________________________________________ Name of Bidder (Person, Firm, or Corporation)

___________________________________________________________________ Signature of Bidder's Authorized Representative

___________________________________________________________________ Name & Title of Authorized Representative

___________________________________________________________________ Date of Signing

Bid No. 25-26-22
Annual Contract for Cold Planing

STATEMENT OF OSHA COMPLIANCE
To Be Executed By Bidder & Submitted With Bid

TO: CITY OF BAKERSFIELD

RE: BID NO. 25-26-22

Contractor hereby agrees to comply in all respects to the Williams-Steiger Occupational Safety and Health Act of 1970 and all revisions thereto.

_____________________________________________________________ Name of Bidder (Person, Firm, or Corporation)

___________________________________________________________________ Signature of Bidder's Authorized Representative

___________________________________________________________________ Name & Title of Authorized Representative

___________________________________________________________________ Date of Signing

Bid No. 25-26-22
Annual Contract for Cold Planing

WAIVER OF PROVISIONS FOR SUBSTITUTION OF SECURITIES
UNDER SECTION 22300 OF THE PUBLIC CONTRACTS CODE
To Be Executed By Bidder & Submitted With Bid

TO: CITY OF BAKERSFIELD

RE: BID NO. 25-26-22

Under Section 3513 of the California Civil Code, the undersigned contractor hereby acknowledges having read the provisions of Section 10263 of the Public Contracts Code related to performance retention and the substitution of securities.

In accordance with the provisions of Section 10263 of the Public Contracts Code , contractor may substitute securities for any money withheld by a public agency to ensure performance under a contract. At the request and expense of the contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank in California, as the escrow agent, who shall pay such moneys to the contractor upon satisfactory completion of the contract. Securi ties eligible for investment under this section shall include those listed in the California Government Code, Section 16430 or bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the contractor and the public agency.

The contractor shall be beneficial City of any securities substituted for money withheld and shall receive any interest thereon.

Alternatively, and subject to the approval and at the sole discretion of the public agency, the payment of retentions earned may be deposited directly with a person licensed under Division 6 (commencing with Section 17000) of the Financial Code as the escr ow agent. The escrow agent shall deposit the payments in a trust account with a federally chartered bank or savings association within 24 hours of receipt.

Therefore, based upon the foregoing, the undersigned hereby waives the forgoing provisions of Section 10263 of the California Public Contract Code for the purposes of this contract.

___________________________________________________________________ Name of Bidder (Person, Firm, or Corporation)

___________________________________________________________________ Signature of Bidder's Authorized Representative

___________________________________________________________________ Name & Title of Authorized Representative

___________________________________________________________________ Date of Signing

Bid No. 25-26-22
Annual Contract for Cold Planing

NON-COLLUSION AFFIDAVIT
To Be Executed By Bidder & Submitted With Bid

TO: CITY OF BAKERSFIELD

RE: BID NO. 25-26-22

The undersigned, being duly sworn, deposes and says that he or she is _______________ (title) of ___________________ (company) the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partner ship, company, association, organization or corporation: that the bid is genuine and not collusive or sham; that he/she has not, either directly or indirectly, induced or solicited any other bidder to put in a false or sham bid, and has not directly or ind irectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bid has not in any manner, directly or indirectly, sought by agreement, communication, or conference w ith anyone to fix the bid price of the bidder or any other bid, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other bid, or to secure any advantage against the public body awarding the contract of anyone intereste d in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Bidder’s Name: _______________________________________________________

Signature of Bidder: ___________________________________________________

Title: __________________________________________________________ _______

Business Address: _____________________________________________ ________

Place of Residence: ___________________________________________ _______

Subscribed and sworn to before me this _______ day of ____________________________ 20________. _____________________________________ (name and title) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they exec uted the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

______________________________________________________, Notary Public

in and for the County of ______________________________, State of California.

My commission expires: ______________________________.

WITNESS my hand and official seal.

_____________________________________
Notary Public Signature

Bid No. 25-26-22
Annual Contract for Cold Planing

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
To Be Executed By Bidder & Submitted With Bid

TO: CITY OF BAKERSFIELD

RE: BID NO. 25-26-22

Certificate Generally
Consistent with a policy of nondiscrimination in employment on contracts of the City of Bakersfield and in furtherance of the provisions of Section 1735 and 1777.6 of the California Labor Code a "contractor's obligation for nondiscriminatory employment certifica te" as hereinafter set forth shall be attached and incorporated by reference as an indispensable and integral term of all bid specifications and contracts of the City for the construction, repair, or improvement of public works.

Contents of Certificate
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114. 11246 and 11375, during the performance of each contract with the City, the Contractor's obligation for nondiscriminatory employment is as follows

(1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical conditi on, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900 -12996), except where such discrimination is based on a bona fide occupational qualification. The Contractor will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. Such action shall include but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprent iceship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause.

(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification.

(3) The Contractor will send to each labor union or representative of workers, with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City advising the said labor union or workers' rep resentative of the Contractor's commitments under this provision, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(4) The Contractor will permit access to the Contractor's records of employment, employment advertisements, application forms, and other pertinent data and records by the City, the Fair Employment Practices Commission, or any other appropriate Agency of the St ate designated by the City for the purposes of investigation to ascertain compliance with the Contractor's Obligation for Nondiscriminatory Employment provisions of this contract, or Fair Employment Practices statute.

(5) A finding of willful violation of the nondiscriminatory employment practices article of this contract or of the Fair Employment Practices Act shall be regarded by the City as a basis for determining that as to future contracts for which the Contractor may submit bids, the Contractor is a "disqualified bidder" for being "non -responsible". The City shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.

Upon receipt of any such written notice, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the City within a stated period that the violation has been corrected, he or she shall be declared a "disqualified bidder" until such time as the Contractor can demonstrate that he or she has implemented remedial measures, satisfactory to the City, to eliminate the discriminatory employment practices which constituted the violation found by the Fair Employment Practices Commission.

(6) Upon receipt from any person of a complaint of alleged discrimination under any City contract, the City Administrator shall ascertain whether probable cause for such complaint exists. If probable cause for the complaint is found, the Administrator shall request the City Council to hold a public hearing to determine the existence of a discriminatory practice in violation of this contract. In addition to any other remedy or action provided by law or the terms of this contract, the Contractor agrees that, should the City Council determine after a public hearing duly noticed to the Contractor that the Contractor has not

Bid No. 25-26-22
Annual Contract for Cold Planing

complied with the nondiscriminatory employment practices provisions of this contract or has willfully violated such provisions, the City may, without liability of any kind, terminate, cancel, or suspend this contract, in whole or in part. I n addition, upon such determination the Contractor shall, as a penalty to the City, forfeit a penalty of $25.00 for each calendar day, or portion thereof, for each person who was denied employment as a result of such noncompliance. Such monies shall be recovered from the Contractor. The City may deduct any such penalties from any monies due the Contractor from the City.

(7) The Contractor certifies to the City that he or she has met or will meet the following standards for positive compliance, which shall be evaluated in each case by the City:

a. The Contractor shall notify all supervisors and other personnel officers in writing of the content of the nondiscrimination provision and their responsibilities under it.

b. The Contractor shall notify all sources of employee referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the nondiscrimination provision.

c. The Contractor shall file a basic compliance report as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also specify the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire.

d. The Contractor shall notify the City of opposition to the nondiscrimination provision by individuals, firms or organizations during the period of this contract.

(8) Nothing contained in this Contractor's Obligation for Nondiscriminatory Employment Certificate shall be construed in any manner to prevent the City from pursuing any other remedies that may be available at law.

(9) The Contractor certifies to the City that the Contractor will comply with the following requirements with regard to all subcontractors and contractors:

a. In the performance of the work under this contract, the Contractor will include the provisions of the foregoing paragraphs (1) through (8) in all subcontracts and in any supply contract to be performed within the State of California, so that such provisions will be equally binding upon each subcontractor and each contractor.

b. The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigations with a subcontractor or contractor as a result of such direction by the City, the Contractor may request the City to enter into such litigation to protect the interests of the City.

__________________________________________________________________________ Name of Bidder (Person, Firm, or Corporation)

__________________________________________________________________________ Signature of Bidder's Authorized Representative

__________________________________________________________________________ Name & Title of Authorized Representative

__________________________________________________________________________ Date of Signing

Certification on Non-Segregated Facilities
The Contractor hereby certifies that it does not or will not maintain segregated facilities not permit its employees to work at locations where facilities are segregated on the basis of race, color, religion, gender, national origin or political affiliation.

_____________________________________________ ______________________________________ ________________ Name of Firm Authorized Signature Date

Bid No. 25-26-22
Annual Contract for Cold Planing

http://www.dir.ca.gov/DAS/DASForm140.pdf

Bid No. 25-26-22
Annual Contract for Cold Planing

THE FOLLOWING SHOULD BE VISIBLE
ON THE SEALED BID ENVELOPE:

➢ Your Company Name and Address
➢ Cut out the delivery label below and tape it to your sealed bid envelope.

CUT ON THE DOTTED LINE.

 Questions? Call 661-326-3746 for assistance.

SUBMIT BIDS TO:

Purchasing Division
City of Bakersfield
1600 Truxtun Avenue,
Second Floor
Bakersfield, CA 93301-5201

BID NAME: 25-26-22 Cold Planing

LIST ALL ADDENDA RECEIVED:

Addenda No’s.: _________________________
(or)
None Received: _________________________