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 to 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 regulations 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 receives 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 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 contract if awarded to him. The bid security shall be declared forfeited as liquidated damages if the Contractor fails or neglects to enter 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 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
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 because 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 (Form no provided, City accepts all surety forms) • 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
• Non-Conflict of Interest Statement
• Equal Employment Opportunity Compliance Certificate
• MBE/WBE Information & Good Faith Efforts Form
• Utilization of Women & Minority Business Enterprise
• Davis Bacon Act Compliance Certification
• Title 49-Debarment and Suspension Certification
• MBE/WBE Certifications Form
• Federal Lobbying Form
• Performance on Previous Equal Employment Contracts
• Non-Segregated Facilities Certification
• Section 3 Affirmative Action Plan Certification of Assurance • Small Business Involvement
• Section 3 Plan
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, 1600 Truxtun Ave., Bakersfield, CA 93301. Bidders or their authorized agents are invited to be present (via Teams).
13. MODIFICATION OF BIDS
Any bidder who wishes to make modifications to a bid already received by the City must withdraw his bid 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 are 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 representative 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 combination thereof is interested in more than one bid for the work contemplated will cause the rejection of all bids in which such individual, 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 place of business of each subcontractor who will perform work or labor 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 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 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 prosecute the work successfully and properly 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 responsive, 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. Compliance with Federal contracting requirements, including submission of required forms.
C. Company’s reputation and financial status.
D. Experience, including bidder’s performance on previous contracts with the City.
E. Company’s ability and capacity to initiate work in a timely manner following contract award.
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 based on character, integrity, reputation, judgment, experience, and efficiency. The bidder may be required to give a history and references to satisfy the City 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. If 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.
AWARD OF CONTRACT FOR THIS PROJECT IS CONTINGENT UPON APPROVAL BY THE BAKERSFIELD CITY COUNCIL
AND MAY ALSO BE SUBJECT TO APPROVAL BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
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 qualifications 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 the 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 contemplated 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 judge 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 ensuring 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 1600 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, Bakersfield, 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 payment 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 the 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.
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 successful Bidder’s submittals, as approved and accepted by the City, all supplemental agreements, all change orders, all bond(s), 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 the notice of award. 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 procurement 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 Professions 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 tender’s final payment to the contractor, without further acknowledgment by the parties.
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 negligence 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 contractor 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 and Labor and Materials Bond (Payment Bond) in the amount of 100% of bid 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. LIQUIDATED DAMAGES CLAUSE
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 the specified date as provided by Project Manager, 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 $1000/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.
35. 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 always obtain during the term of the contract, any licenses, permits and 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 State of California Class C-8 Concrete Contractor’s License and/or an equivalent State Issued Contractors license. Any specialty contractor awarded a contract for the work shall itself perform most 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.
36. 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 ensured on Contractor’s policy by a policy provision or endorsement providing coverage at least as broad as Insurance Services Office “Additional Ensured - 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 operation of owned, nonowned 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 ensured on Contractor’s policy by a policy provision or endorsement providing coverage at least as broad as Insurance Services Office “Additional Ensured - Owners, Lessees or Contractors (Form B) endorsement Number CG 2010 11 85.”
Additional Ensured. 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 Ensured 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 ensured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability; and (d) contain Standard Cross-liability provisions. Such additional ensured 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. About additional ensured requirements, the following specific language shall be utilized:
“The City is named as additional ensured for all liability arising out of the operations by or on behalf the named ensured, and this policy protects the additional ensured, 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 ensured shall not operate to impair the rights of one ensured against another ensured and the coverages afforded shall apply as though separate policies have been issued to each ensured.
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 officials, 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-ensured, he shall furnish a Certificate Of Permission to Self-Ensure, signed by the Department of Industrial Relations Administration of Self Insurance, Sacramento, California.
Deductibles and Self-Ensured Retention. Any deductibles or self-ensured 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:V, 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-ensured retention, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration 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, notwithstanding 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.
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 ensured 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 other 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 ensuring 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 ensuring provisions herein may be within public policy 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
37. 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.
38. 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 well 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.
39. 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 contractor 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.
40. LABOR AND PREVAILING WAGE REQUIREMENTS
All prime contractors and subcontractors are required to pay the higher of either the rates published in the Davis-Bacon Wage Determination issued by the U.S. Department of Labor (Federal) or the General Prevailing Wage Determination issued by the California Department of Industrial Relations (State) to all laborers and mechanics and other workers on this project.
The latest modification of the Federal wages can be obtained on-line at www.wdol.gov and clicking on the appropriate type of project construction work under the heading of “Kern County”. Only the latest modification of the Davis-Bacon Wage Determination (Federal) is available on-line. You need to remember that the Federal wage “locks” in at a certain stage of the procurement process, so the latest modification available on-line may not apply to this specific project. If you go on-line to obtain the Federal wages, please check with the Bakersfield Community Development Department to see if you have the applicable wage decision for this specific project.
Attached to this packet is a copy of the project Davis-Bacon Wage Determination (General Decision), which is the listing of the Federal wages. Unless modified prior to bid opening, this wage decision will apply to this project.
All contractors agree to comply with the latest applicable Davis-Bacon Wage Determination, as determined solely by County, regardless of what Davis-Bacon Wage Determination is contained in the specifications. The successful contractor will be notified no later than the project preconstruction conference if the applicable wage decision is different than the one contained in this specification, or in any addendums issued prior to bid opening. All prospective contractors and subcontractors on this project should verify this Davis-Bacon Wage Determination contains an area labor classification and specified wage rate for each of the different trades that the contractor/subcontractor intends to use on this project. If a proper area classification and wage rate cannot be found for a trade that you, as prime contractor, or subcontractor, intend to use on this project, please immediately contact the Bakersfield Economic & Community Development Department at (661) 326-3765. The Economic & Community Development Department will, on your behalf, contact the U.S.
Department of Housing and Urban Development (HUD) and the U.S. Department of Labor to ascertain what the proper federal area classification and wage rate is for any trades in question.
Likewise, in accordance with the California Code of Regulations (CCR), Title 8, any contract entered 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 each 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 State 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 ensuring that the proper rates are paid. No adjustments to the contract will be made due to bidders’ failure to obtain the proper wage rates. The wage rates will be incorporated by reference a requirement in any resultant contract. Certified payrolls must be submitted to the Streets Division within one week of payroll disbursements to the Contractor’s employees.
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.
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.
41. UTILIZATION OF SMALL BUSINESS CONCERNS
It is the policy of the United States that small business concerns, HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women.
The Contractor hereby agrees to fully carry out this policy in the awarding of subcontracts consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted [[Page 113]] by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause.
Definitions as used in this contract:
1. Small business concern means a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto.
2. HUBZone small business concern means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.
3. Small business concern owned and controlled by socially and economically disadvantaged individuals and small disadvantaged business concern mean a small business concern that represents, as part of its offer that -- (i) It has received certification as a small disadvantaged business concern consistent with 13 CFR 124, Subpart B; (ii) No material change in disadvantaged ownership and control has occurred since its certification; (iii) Where the concern is owned by one or more individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (iv) It is identified, on the date of its representation, as a certified small disadvantaged business in the database maintained by the Small Business Administration (PRO-Net).
4. Small business concern owned and controlled by women means a small business concern -- (i) Which is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (ii) Whose management and daily business operations are controlled by one or more women. (d) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as a small business concern, a HUBZone small business concern, a small business concern owned and controlled by socially and economically disadvantaged individuals, or a small business concern owned and controlled by women.
[63 FR 70275, Dec. 18, 1998, as amended at 64 FR 3196, Jan. 20, 1999; 64 FR 10549, Mar. 4, 1999; 64 FR 32749, June 17, 1999; 64 FR 36224, July 2]
42. UTILIZATION OF WOMEN AND MINORITY BUSINESS ENTERPRISES It is the policy of the City of Bakersfield that women and minority owned business enterprises shall have the maximum practicable opportunity to participate in the performance of City of Bakersfield Economic and Community Development Department contracts.
The Contractor agrees to use best efforts to fully carry out this policy in the award of subcontractors consistent with the efficient performance of this contract. As used in this contract, the term "Minority or Women's Business Enterprise" means a business, at least 51% of which is owned by minority group members or women; in the case of publicly owned businesses, at least 51% of the stock is owned by minority group members or women. To this definition, minority group members are Hispanic/Latino, Black/African American, Asian, American Indian or Alaska Native, and Native Hawaiian or Other Pacific Islander. Contractors may rely on written representations by subcontractors regarding their status as minority business enterprises in lieu of an independent investigation.
43. ECONOMIC OPPORTUNITIES FOR LOW & VERY LOW-INCOME PERSONS (SECTION 3) This project is subject to the City of Bakersfield’s Section 3 Plan to foster economic opportunities for low- and very-low-income residents and businesses. If the award of this project requires the hiring of new employees by the awarded firm, then efforts are required to provide employment and/or opportunities to low-income or very-low-income residents pursuant to the City’s Section 3 Plan. Additionally, Section 3 Business Concerns are afforded a bid preference as described in the City’s Section 3 Plan. The City of Bakersfield Section 3 Plan is attached as part of this bid packet.
44. TERMINATION FOR DEFAULT AND CAUSE
If 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.
45. 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 affected 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, services, 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.
46. TERMINATION OF CONTRACT BY CONTRACTOR
Contractor may terminate the contract upon thirty (30) days written notice to the City whenever:
1. The entire work has been suspended for ninety (90) consecutive days through no fault or negligence of Contractor and notice to resume work or to terminate the contract has not been received from the City within this time period, or;
2. The City should fail to pay Contractor any undisputed billings in accordance with the terms of the contract and within the time limits prescribed.
In the event of such termination, Contractor shall have no claims against the City except for work performed as of the date of termination.
47. 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.
48. 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 thencurrent year for the supplies or services covered by this contract is spent, whichever event occurs first. If at 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.
49. INVOICES
Unless otherwise specified, invoices shall be sent to the address set forth herein below. Invoices shall include the Contract number, location of work (street name plus limits of work performed), project area (Alta Vista), dates the work was performed, City representative’s name, and invoice total amount. Each project area must be billed on separate invoices. Invoices must be submitted to the Finance Department, Accounts Payable along with a copy to the Streets Division within two weeks after a block of work has been finished.
City of Bakersfield
Attention: Accounts Payable
1600 Truxtun Avenue
Bakersfield, CA 93301
50. 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 claims 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.
51. 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 the 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 against 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.
52. 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 such 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.
53. 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. To minimize disruption to residents in the impacted areas, as curb and gutters are poured for one block, the sidewalk, driveways, and handicap ramps must be finished before proceeding to curb and gutter work on a separate block. Any deviation from this practice must first be discussed and approved by the Streets Superintendent or his designee. The City shall decide the questions that may arise relative to the fulfillment of the contract or the obligations of the contractor hereunder.
54. 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.
55. 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 and 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.
56. 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.
57. 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. If 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.
58. 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 confidential 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 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.
59. 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 California 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 requested 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.
60. 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.
61. 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 accessible.
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 request of City or as part of any audit of the City, for a period of three (3) years after final payment under the contract.
62. 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.
63. SURVIVAL
Notwithstanding the City's acceptance of the work and payment therefor, 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.
64. 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 located 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.
65. 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.
66. CANCELLATION OF SOLICITATION
The City may cancel this solicitation at any time.
SCOPE OF WORK
BID NO. 25-26-19
1. INTENT
The City of Bakersfield Purchasing Division is soliciting bids from qualified contractors for providing a contract for construction of HUD-funded concrete curb and gutter in areas referred to and defined herein as Alta Vista area. Contractor shall furnish and use, at his own expense, all materials, labor, tools, equipment, supplies and transportation to provide the work specified herein.
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 the construction of concrete curb and gutter. It is the City’s intent to contract to assure a continuing and reliable source of service to provide for the construction of concrete curb and gutter. The needs herein stated are those that may be termed immediate, usual and common.
2. SCOPE OF WORK
The work consists of the construction of concrete curb and gutter. Work shall be assigned by the Streets Division and shall be in both commercial and residential areas of the City. The work shall be performed under the direction of, and to the satisfaction of the City of Bakersfield Public Works Department Streets Division.
Contractor shall perform work in such a manner to avoid disruption of the normal vehicular and pedestrian traffic.
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 small repair jobs as well as new construction.
Work shall commence within five (5) calendar days of written notice to days and continue daily until completion of the project. Duration of the proposed project consists of 60 working days. Unless prior written approval is obtained from the City Project Manager, project is to be completed within 60 working days after beginning the work. Failure to comply may result in liquidated damages in the amount of $1,000.00 per day for each day beyond 60 working days, or the hiring of another contractor to complete the project with the balance of the cost, if any, being paid for by contract holder. Contractor will not be assessed for delays due to causes beyond its control.
The work to be done shall conform to the following specifications:
1. Furnishing and placing the required forms.
2. Furnishing and placing expansion joints where required.
3. Placing steel frame and cover and bar reinforcement for catch basins.
4. Furnishing, placing, and finishing cement concrete for curbs, gutters, sidewalks, catch basins and cross drains as specified.
5. Wing walls in connection with part-circle culverts will be paid for as standard curb.
6. City forces will remove broken or defective curb, gutter, or sidewalk below sub-grade elevation.
7. City forces will supply Class 2 Base for fill material on job site, Contractor to hydrate, move, and place material as needed.
8. Contractor is responsible for finishing sub-grade elevation to 90% compaction prior to placing concrete.
9. Contractor is to notify Project Manager for inspection of sub-grade prior to placing concrete.
10. Concrete placed without sub-grade inspection shall be removed and replaced by Contractor at their own expense.
11. Contractor to remove all debris from job site daily, including washout material.
12. Contractor to pour in a continuous fashion, no skipping sections unless approved by the City’s Project Manager
13. Contractor and City Project Manager shall meet and agree on quantities prior to Contractor invoicing.
14. Contractor to ensure all work has proper drainage, any standing water areas will be removed and replaced by Contractor at their own expense.
All construction shall conform to the applicable sections of the Standard Specifications as issued by the State of California Department of Transportation (Caltrans), 2010 edition, insofar as they may apply to this project.
Said specifications may be modified by the City on a project-by-project basis for work under this contract.
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. 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. Estimated quantities are as follows.
ESTIMATED QUANTITIES
DESCRIPTION FOR ALTA VISTA AREA QUANTITY
Construct Sidewalk
per City of Bakersfield Standard 21,696 Sq. Ft.
Curb Cut (Handicap Ramp)
Per City of Bakersfield Standard 2,600 Sq. Ft.
Gutter, Six Inch (6”)
(drive approach/cross gutter)
per City of Bakersfield Standard 7,500 Sq. Ft.
6” Curb and Gutter
per City of Bakersfield Standard 5,000 Ln. Ft.
8” Curb and Gutter
Per City of Bakersfield Standard 2,000 Ln. Ft.
Furnish & Install Truncated Dome
Per City of Bakersfield Standard 2,000 Sq. Ft.
Monolithic Poured Sidewalk with
Curb up to 8” 2,000 Sq. Ft.
*Alta Vista Area is generally bounded by Union Avenue to the west and Beale Avenue and Alta Vista to the east. (Ward 2 and 3).
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 from execution date. The City of Bakersfield reserves the right to amend the term and amount of the project agreement based on per-unit costs contained in the Successful Bid, subject to approval of the City of Bakersfield and the Successful Bidder.
4. CONTRACT PRICING
Unit pricing shall be provided for the following work:
1. Sidewalk construction
2. 6” Curb and gutter
3. Gutter construction, six inch (6”) (drive approach/cross gutter)
4. Curb Cut (handicap ramp)
5. 8” Curb and gutter
6. Truncated Dome
7. Monolithic Poured Sidewalk
The unit prices 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 shall include the costs of the bonds. Contractor shall ensure that the cost for said bonds is included on the bond form. In the event this contract is not utilized, the City will reimburse the Successful Contractor for the cost of the bond at the end of the contract period.
PROSECUTION OF WORK
BID NO. 25-26-19
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 documents. 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 failure 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 modified 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 7:00 A.M. and 4:30 P.M., Monday 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.
Use of City Personnel. City shall not furnish personnel to assist the Contractor in performance of the contract except as otherwise specified herein. The Contractor understands that any offers of assistance by City Personnel are unauthorized unless specified herein and the Contractor shall not accept such offers.
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 herein or 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 or 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 because 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. Much of the work to be performed under this contract is in the public streets and shall be done in accordance with City ordinances regulating the use of public streets within the city of Bakersfield.
Contractor shall always conduct his work so as to ensure 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 persons in the area. The Contractor shall notify the occupants of all affected properties at least forty-eight (48) hours prior to any temporary obstruction of access. No overnight closure of any driveway will be allowed except as permitted by the owner.
Street closures and detours will not be allowed except as specifically permitted by the proper governmental authority. Contractor shall prepare any traffic control or detour plans that may be required by the proper governmental authority. It shall be the sole responsibility of the Contractor to keep the Police and Fire Departments notified of all changes in traffic patterns.
Warning Signs and Barricades. Contractor shall provide adequate signs, barricades, warning lights and watchmen and take all necessary precautions for the protection of the work and the safety of the public.
Temporary traffic channelization shall be accomplished with flashing barricades and delineators. Barricades shall be of substantial construction and shall conform to current safety standards to increase their visibility at night. Suitable warning signs shall be so placed and illuminated at night as to show in advance where construction, barricades or detours exist.
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. 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 control 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.
Clean-Up And Disposal Of Materials. During performance and upon completion of work on this contract, Contractor will remove all unused equipment and instruments of service, all excess or unsuitable material, trash, washout, and debris generated by Contractor’s work, and legally dispose of same off City property, at Contractor's expense, unless otherwise directed by these specifications (salvaged materials). At no time shall debris be allowed to fall or accumulate in the roadway or onto adjacent property but shall be retained within the designated operating area. Contractor shall leave entire area in a neat, clean, and acceptable condition as approved by the City.
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 the 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 and 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. 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 clauses for all damages assessed against the City because of Contractor’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 subcontractors 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 always so conduct his work as to ensure 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 safety 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 vehicles. 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 supervisor to determine if they are capable of safely operating equipment.
Noise Levels. A noise level limit of 86 dbA at 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 cases 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 of Contractor’s 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 impose 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 in rights-of-way, roads, and streets (including high-traffic areas), alleys, residential areas, business areas and parks. Contractor shall be assigned routine (non-emergency/scheduled) and emergency (unscheduled) work under the contract. Unscheduled and emergency work shall be assigned on an as-needed basis and the Contractor is not guaranteed to be given all such work.
2. Each work assignment shall start within 72 hours of the written or verbal notice being issued by the City.
Work shall be continuous until completion as assigned by the City’s Project Manager. Particularly large jobs may be allotted additional time for completion; however, completion dates may be extended solely at the discretion of the City. Note: Failure to meet agreed work delivery time shall be cause for liquidated damages for $1,000 per assignment per day. Repeated failure to begin work or complete work within the allotted time frame may be cause for the City to cancel the contract with no further cost or obligation to 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.
4. Contractor shall notify the City’s Project Manager by calling 661-326-3111 a minimum of forty-eight (48) hours in advance of starting the work. In the event weather conditions prevent Contractor from working on a scheduled workday, Contractor shall contact the Streets Division prior to 7:00 a.m. on the scheduled day of work.
5. Contractor shall report any unusual or hazardous conditions or other pertinent information to the City’s Project Manager prior to commencement of any work.
6. Normal work week shall be Monday through Friday, 7:00 a.m. to 4:00 p.m.; however, Contractor may be occasionally required to perform weekend work at no additional charge to the City due to parking or traffic issues in core business areas. Weekend operations must be coordinated with the Streets Division.
7. When working in or from the street in any manner, delineation of the worksite is required and shall conform to the guidelines found within the Manual of Traffic Controls – Warning Signs, Lights and Devices for Use in Performance of Work on Highways”, latest edition published by the State of California Department of Transportation. The Bakersfield Fire Department shall be always informed as to the exact location and progress of work and of any streets which are rendered impassable for emergency vehicles.
8. All lane closures must be coordinated with the City’s Project Manager. Lane closures required for any of the specified work will be permitted only after 8:30 a.m. and before 4:00 p.m. Sufficient advance warning of lane closures using signs, barricades, flags, or cones must be given to ensure a smooth flow of traffic around obstacles. Not more than one-half (1/2) of the street may be closed at any one time.
9. Any vehicular equipment used in the in the work shall be allowed in authorized areas only. Contractor shall provide adequate protection for curbs and sidewalks over which trucks and equipment pass to reach the work site.
10. 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.
CITY OF BAKERSFIELD
BID NO. 25-26-19
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 (Form not provided, City accepts all surety forms) • 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
• Non-Conflict of Interest Statement
• Equal Employment Opportunity Compliance Certificate
• MBE/WBE Information & Good Faith Efforts Form
• Utilization of Women & Minority Business Enterprise
• Davis Bacon Act Compliance Certification
• Title 49-Debarment and Suspension Certification
• MBE/WBE Certifications Form
• Federal Lobbying Form
• Performance on Previous Equal Employment Contracts
• Non-Segregated Facilities Certification
• Section 3 Affirmative Action Plan Certification of Assurance • Small Business Involvement
• Section 3 Plan
DOCUMENTS TO BE RETURNED WITHIN TEN (10) DAYS OF REQUEST • Signed Contract
• Insurance Certificates and Additional Ensured Endorsements • Worker’s Compensation Waiver of Subrogation
• Performance Bond
• Labor and Materials Bond
BID FORM ~ PAGE 1
BID NO. 25-26-19
NAME OF CONTRACTOR:
BUSINESS ADDRESS:
MAILING ADDRESS (if different):
CITY, STATE, ZIP CODE:
TELEPHONE NUMBER: FACSIMILE NUMBER:
E-MAIL ADDRESS:
CONTACT (for this Invitation to Bid):
CITY BUSINESS TAX CERTIFICATE #:
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 specification’s provisions of Bid No. 25-26- 19 Contract for HUD Curb and Gutter. 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. 25-26-19. 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 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 laws of the United States and the State of California that relate to the particular 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. 25-26-19 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 FORM ~ PAGE 2
BID NO. 25-26-19
DESCRIPTION QUANTITY UNIT OF
MEASURE UNIT PRICE EXTENDED PRICE
Construct Sidewalk
per City of Bakersfield Standard 25,088 Sq. Ft. $ $
Curb Cut (Handicap Ramp)
Per City of Bakersfield Standard 4,000 Sq. Ft. $ $
Gutter, Six Inch (6”)
(drive approach/cross gutter)
per City of Bakersfield Standard 7,000 Sq. Ft. $ $
6” Curb and Gutter
per City of Bakersfield Standard 5,000 Lin. Ft. $ $
8” Curb and Gutter
Per City of Bakersfield Standard 2,000 Lin. Ft. $ $
Furnish & Install Truncated Dome
Per City of Bakersfield Standard 620 Sq. Ft. $ $
Monolithic Poured Sidewalk with
Curb up to 8” 2,000 Sq. Ft. $ $
TOTAL CONTRACT ESTIMATE $
SUBCONTRACTORS
Pursuant to the provisions of Sections 4100 of the Public Contract Code of the State of California, the undersigned hereby designates below for the project, opposite various portions of the work, the names, locations of the places of business, and California Contractor’s Licenses 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 or ten thousand ($10,000) dollars, whichever is greater. 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 the 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
Other
STATEMENT OF COMPLIANCE WITH INSURANCE REQUIREMENTS
To Be Executed By Bidder & Submitted With Bid
TO: CITY OF BAKERSFIELD
RE: BID NO. 25-26-19
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 ensured 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 Ensured 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. 25-26-19). 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 Ensured 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
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
To Be Executed By Bidder & Submitted With Bid
TO: CITY OF BAKERSFIELD
RE: BID NO. 25-26-19
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 ensured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such 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
STATEMENT OF OSHA COMPLIANCE
To Be Executed By Bidder & Submitted With Bid
TO: CITY OF BAKERSFIELD
RE: BID NO. 25-26-19
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
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. 25-26-19
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. Securities 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 escrow 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
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY CONTRACTOR
STATE OF CALIFORNIA
COUNTY OF KERN }SS
, being first duly sworn, deposes and says that he or she is (Title) of (company) the party making the
foregoing proposal that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposal has not directly or indirectly induced or solicited any other proposal to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposal or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposal has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposal, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposal, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposal 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.
Signature of Proposer
Business Address
Place of Residence
TO BE SUBMITTED WITH BID
NON-CONFLICT OF INTEREST CERTIFICATION
(1) City of Bakersfield's Community Development Block Grant Agreement with the U.S.
Department of Housing and Urban Development prohibits any member, officer, or employee of the City or their designees or agents, and any members of the governing body of the locality in which this project is situated, and any other public official of such locality or localities who exercises any functions or responsibilities with respect to the City's Economic & Community Development Program or this project during his tenure or for one year thereafter, from having any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, in work to be performed in connection with projects assisted with Economic & Community Development funds. (2) Contractor stipulates that no public official, as described in the preceding paragraph, has any interest, direct or indirect, in this contract or any subcontract, or the proceeds thereof, in work to be performed in connection with this project.
(3) Contractor agrees to include or cause to be included the regulations in Paragraphs (1) and (2) of this section in every subcontract in connection with this project.
Community Development Project Name
Contractor/Vendor* Date
Signature Address
Title
- PLEASE SUBMIT WITH PROPOSAL -
EQUAL EMPLOYMENT OPPORTUNITY
COMPLIANCE CERTIFICATION
I hereby certify that I will comply with all the provisions of the Equal Opportunity Clause of Executive Order 11246 as amended by Executive Order 11375. Contractor agrees that no person, on the grounds of race, color, religion, national origin, sex or age will be subjected to discrimination under this contract.
Signed _________________________________________
Contractor
Dated _______________________________
- PLEASE SUBMIT WITH PROPOSAL -
MBE/WBE INFORMATION – GOOD FAITH EFFORTS
City of Bakersfield Project Name:
Project Number:
Bid Opening Date:
Bidder Name:
The City of Bakersfield established a Minority Business Enterprise/Women Business Enterprise (MBE/WBE) goal of 10% for this project. The above named bidder certifies that the information provided herein shows that adequate good faith efforts were made.
(1) The names and dates of each publication in which a request for MBE/WBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):
Publications Date of Advertisement
(2) The names and dates of written notices sent to certified MBE’s soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the MBE/WBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):
Names of MBE/WBE Solicited Date of Initial Solicitation Follow Up Methods and Dates (3) The items of work which the bidder made available to MBE/WBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate MBE/WBE participation. It is the bidder’s responsibility to demonstrate that sufficient work to facilitate MBE/WBE participation was made available to MBE/WMB firms.
Items of Work Breakdown of Items t
(4) The names, addresses and phone numbers of rejected MBE/WBE firms, the reasons for the bidder’s rejection of the MBE/WBEs, and the firms selected for that work (please attach copies of quotes from the firms involved):
Names, address and phone numbers of rejected MBE/WBEs and the reasons for the bidder’s rejection of the MBE/WBEs
Names , addresses and phone numbers of firms selected for the work above:
(5) Efforts made to assist interested MBE/WBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to MBE/WBEs:
(6) Efforts made to assist interested MBE/WBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the MBE/WBE subcontractor purchases or leases from the prime contractor or its affiliate:
(7) The names of agencies, organizations, or groups contacted to aid in contacting, recruiting and using MBE/WBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):
Name of Agency/Organization Method & Date of Contract Results (8) Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary):
Signature of Bidder:
Utilization of Women & Minority Business Enterprise
Contractor: Agency: City of Bakersfield Project Goal:
Location: Bakersfield, CA MBE= %
Project Title: Project No.: WBE= %
Contract total: $
Total
MBE/WBE= 10%
NAME OF MBE/WB: PROJECT MBE/WBE'S WORK DOLLAR VALUE
PROPOSAL ITEM DESCRIPTION OF MBE/WBE'S CERTIFIED
ITEM NO. WORK %MBE %WBE (yes/no)
TOTAL %
Signed Date Phone Number Please Use and Sign Additional Sheets as Necessary Submit With Bid
DAVIS-BACON ACT COMPLIANCE CERTIFICATION
I hereby certify that I will conform to the Davis-Bacon Act regarding wages, benefits, on-site audits with 48 hours notice, payroll records, and submittal of weekly payrolls to the City of Bakersfield and apprentice and trainee employment requirements. I understand and agree that any wage underpayments will require the payment of back wages due to affected employee(s).
Listed below are the labor classifications and related wage rates proposed by the prime and subcontractors for this project:
WAGE RATE
Classification
Group
Number
(if any)
Basic
Hourly
Rate
Fringe
Benefit
Rate
Total
Rate
(Attach additional sheets, if necessary)
I agree to supply the City of Bakersfield with updates to this listing before I allow any additional labor classifications to be used on this project.
Contractor/Subcontractor
By:
Title: Date:
CD Project Name:
- PLEASE SUBMIT WITH BID -
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
DEBARMENT AND SUSPENSION CERTIFICATION
The Bidder, under penalty of perjury, certifies that, except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager:
(a) Are presently not excluded or disqualified.
(b) Have not been convicted within the preceding three (3) years of any of the offenses listed in Sec. 29.800(a)* or had a civil judgment rendered against you for one of those offenses within that time.
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or Local) with the commission of any of the offenses listed in Sec. 29.800(a) *; or
(d) Have not had one or more public transactions (Federal, State or Local) terminated within the preceding three (3) years for cause or default.
If there are any exceptions to the Certifications, insert the exceptions in the following space:
Exceptions will not necessarily result in denial of award but will be considered in determining bidder responsibility. For any exception noted above, indicate below to who it applies, initiating agency, and dates of action.
Note: Providing false information may result in criminal prosecution or administrative sanctions.
The above Certification is part of the Proposal, Signing this Proposal on the signature portion there of shall also constitute signature of this Certification.
Signature of Contractor
* See attached page.
Sec. 29.800 What are the causes for debarment?
We may debar a person for—
(A) Conviction of or civil judgment for—
(1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction.
(2) Violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging.
(3) Commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or (4) Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects your present responsibility.
SUBMIT WITH PROPOSAL
CITY OF BAKERSFIELD
ECONOMIC & COMMUNITY DEVELOPMENT DEPARTMENT
MINORITY AND FEMALE BUSINESS ENTERPRISE
CERTIFICATION FORM
1. Name of Firm
2. Business Address City State Zip
3. Name of Person to Contact (list one only) Telephone Number
4. Type of Ownership Check Only One
Sole Ownership Partnership | Female
|
Joint Venture Other | Minority Owned
| Ownership must be 51% or more.
Corporation |
5. Contractor’s License No./Engineer or Architect License No. and Tax Identification A. License Class No. Expiration Date
Name of License Qualifying Individual
B. License Class No. Expiration Date
Name of License Qualifying Individual
C. Employer Identification (IRS Tax ID)
6. Nature of Firm’s Business:
Years in Business:
- PLEASE SUBMIT WITH BID -
7. Identify all individuals who own 5% or more of this firm. (With firms less than 100% minority owned, list the contributions of money, equipment, real estate or expertise of each owners.)
Years % %
Name Sex Owned Owned Voting
Ethnicity: (select only one)
Hispanic or Latino
Not Hispanic or Latino
Race: (select one or more)
American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Pacific Islander
White
Years % %
Name Sex Owned Owned Voting
Ethnicity: (select only one)
Hispanic or Latino
Not Hispanic or Latino
Race: (select one or more)
American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Pacific Islander
White
Years % %
Name Sex Owned Owned Voting
Ethnicity: (select only one)
Hispanic or Latino
Not Hispanic or Latino
Race: (select one or more)
American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Pacific Islander
White
For Additional Owners: Please Add Sheets as Necessary
8. Are you authorized to do business in the State as well as locally, including all necessary business licenses?
{ } Yes { } No
9. Is your firm registered as a small business with:
California Office of Small Business? { } Yes { } No
Federal Office of Small business? { } Yes { } No
10. Indicate if this firm or other firms with any of the same officers have previously received or been denied certification or participation as an MBE or WBE and describe the circumstances. Indicate the name of the certifying authority and the date of such certification or denial.
VERIFICATION
"The undersigned swears that the foregoing statements are true and correct and include all material information necessary to identify and explain the operations of (name and firm) as well as the ownership thereof. Further, the undersigned agrees to provide through the prime contractor or, if no prime, directly to the City of Bakersfield, Economic & Community Development Department current, complete and accurate information regarding actual work performed on the project, the payment thereof and any proposed changes, if any, of the foregoing arrangements and to permit the audit and examination of books, records, and files of the named firm. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under federal or state laws concerning false statements." NOTE: If, after filing this schedule, and before the work on any contract covered by this regulation, there is any significant change in the information submitted, you must inform the City of the change, either through the prime contractor or to the City directly.
Signature Title
Printed Name Date Signed
PROHIBITED USE OF FEDERAL FUNDS FOR LOBBYING
Contractor certifies, to the best of his knowledge and belief, that no Federally appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit, in accordance with instructions, Standard Form-LLL, “Disclosure Form to Report Lobbying”, attached hereto as Exhibit “L” and incorporated herein by this reference as if set forth in full.
The Contractor shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.
Submit With Proposal
S:\Form Central\ACD Forms\Acd-064 Prohibited Use of Federal Funds for Lobbying & attachments.doc Rev. 1/04
Approved by OMB
0348-0046
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.)
1. Type of Federal Action:
□ a. contract
□ b. grant
□ c. cooperative agreement
□ d. loan
□ e. loan guarantee
□ f. loan insurance
2. Status of Federal Action:
□ a. bid/offer/application
□ b. initial award
□ c. post -award
3. Report Type:
□ a. initial filing
□ b. material change
For Material Change Only:
Year quarter
Date of last report
4. Name and Address of Reporting Entity:
□ Prime □ Subawardee
Tier , if known:
Congressional District, if known: 4c
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime:
Congressional District, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known: 9. Award Amount, if known:
$
10. a. Name and Address of Lobbying Registrant
(if individual, last name, first name, MI):
b. Individuals Performing Services (including address if different from No. 10a)
(last name, first name, MI):
11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection.
Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature:
Print Name:
Title:
Telephone No.: Date:
Federal Use Only:
Authorized for Local Reproduction
Standard Form LLL (Rev.7-97)
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action.
Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred.
Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, State and zip code of the reporting entity, Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or sub award recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Sub awards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks “Subawardee,” then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For examples, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g. Request for Proposal (RFP) number invitation for Bid (IFB) number; grant announcement number, the contract, grant, or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., “RFP-DE-90-001.”
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State, and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form; print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.
Approved by OMB
0348-0046
DISCLOSURE OF LOBBYING ACTIVITIES
CONTINUATION SHEET
Reporting Entity: Page of
Authorized for Local Reproduction
Standard Form – LLL-A
PERFORMANCE ON PREVIOUS EQUAL EMPLOYMENT OPPORTUNITY
SUBJECT CONTRACTS/SUBCONTRACTS CERTIFICATION
The bidder/proposed subcontractor, hereby certifies that they have/have not (select one) participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Order 10925, 11114, or 11246, and that they have/have not (select one) filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.
Contractor/Subcontractor Date
Signature Title
Project Name and Number:
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor [41 CFR 60-1.7(b)(1)], and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 6-1.5. Generally only contracts or subcontracts of $10,000 or under are exempt.
Currently Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
- PLEASE SUBMIT WITH BID -
NONSEGREGATED FACILITIES CERTIFICATION
The federally-assisted construction contractor 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. The federally-assisted construction contractor certifies further 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. The federally-assisted construction contractor 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.
The federally-assisted construction contractor 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.
Contractor/Subcontractor Date
Signature Title
- PLEASE SUBMIT WITH BID -
SECTION 3 - AFFIRMATIVE ACTION PLAN
CERTIFICATION OF ASSURANCE
TRAINING, EMPLOYMENT AND CONTRACTING OPPORTUNITIES FOR
BUSINESSES AND LOWER INCOME PERSONS
The project assisted under this proposal is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 17017. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project be awarded to business concerns for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project.
Notwithstanding any other provisions of this proposal, the developer/ Contractor shall carry out the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135, published in 38 Federal Register 29220, October 23, 1973, and all applicable rules and orders of the Secretary issued thereunder prior to the execution of this proposal.
The requirements of said regulations include but are not limited to development and the implementation of an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the project.
The making of a good faith effort as defined by the regulations to provide training, employment and business opportunities required by Section 3 is an in incorporation of this Section 3 clause specified by Section 135.20 (b) of the regulations is all contracts for work in conjunction with the project.
The Developer/ Contractor certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements.
Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Secretary issued thereunder prior to the approval of this proposal shall be a condition of the Federal financial assistance provided to the project, binding upon the Developer/Contractor, his subcontractors and assigns. Failure to fulfill these requirements shall subject the Vendor, Developer/Contractor and subcontractors, its successors and assigns to the sanctions specified by this proposal, and to such sanctions as are specified by 24 CFR part 135.
By: Date:
Title: Date:
Date:
Contractor/Subcontractor/Vendor
Address:
By: Title:
Project Name and Number:
- PLEASE SUBMIT WITH BID -
LIST OF NECESSARY AFFIRMATIVE STEPS TAKEN TO INVOLVE
SMALL BUSINESSES (SBs)
Activity Number: Name of Project:
Name of Contractor/Consultant ______________________________ Name of Person Completing This Report _______________________________ a. Please list the SB firms you contacted for this project:
Name of Firm Person Contacted Date of Contact
How Contact Made
(Mail/Phone/Fax/In Person)
Result of Contact:
(Bid received/No Bid Received/Other)
b. Please list the responses, proposals, or bids you received from SBs and your response to each:
SB Firm Submitting Response/Bid/Proposal
Contractor’s Response to Bid
(Bid Accepted - Used in Project Bid OR Bid Rejected - Reason for Rejection) c. Did your firm send out correspondence to groups and individual SBs about this project? (Check one) [ ] Yes (please attach copies of correspondence)
[ ] No (please briefly indicate in the space below why not) d. Please indicate the name(s) of the small contractor associations, small business development centers or any other agency serving SBs that you contacted in order to make these firms aware of this project.
Name of Agency Contacted Person Contacted Date of Contact e. Please briefly describe the specific efforts your firm took to encourage subcontractors to use SBs on this project. (If no such efforts were made, please indicate "None," and explain why no efforts were made.)
___________________________________________________________ Contractor/Consultant Signature
SUBMIT WITH BID
PAGE LEFT BLANK INTENTIONALLY
INSTRUCTIONS FOR PERFORMANCE BOND
The successful bidder shall be required to execute through a corporate surety admitted conducting business in the State of California, the Performance Bond included herein. The successful bidder and surety shall be held and firmly bound unto the City in the penal sum equal to one hundred percent (100%) of the total contract amount. The successful bidder agrees to execute, and have notarized, the Performance Bond and deliver it to the City within ten (10) consecutive calendar days of award of contract. Failure to furnish the required bonds within the time allowed will result in withdrawal of award and forfeiture of the Bidder's Bid Security.
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 receipt of bids.
The Performance and Payment 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.
The entire cost of the bond shall be borne by the Contractor.
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, THE CITY OF BAKERSFIELD, a Municipal Corporation, hereinafter designated the “Owner”, has on _____________________________, awarded to ________________________________________________________________, organized and doing business under and by virtue of the laws of the State of California, hereinafter designated as the “Principal”, a contract for the _______________________________________________________________________ ; and WHEREAS, said Principal is required under the terms of said contract; and NOW, THEREFORE, WE, the Principal, and ______ , as Surety, are held and firmly bound unto the Owner in the sum of
__________________________________________________________($______________), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above-mentioned Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable attorney’s fees as shall be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if the above-mentioned Principal, his or its heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said period of one (1) year from the date of acceptance of said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full force and effect. However, anything in this paragraph to the contract notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains.
And the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by the Owner in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, the above-mentioned parties have executed this instrument under their seals this day of , 2006, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Seal) Principal:
Signature for Principal:
Title:
(Seal)
Name of Surety:
Surety Address:
Telephone No.:
Signature for Surety:
(Attach notarization form for each required signature)
Title:
INSTRUCTIONS FOR LABOR AND MATERIALS BOND
Pursuant to Civil Code 3247, for work involving an expenditure of greater than $25,000 the successful bidder will be required to furnish a Labor and Materials Bond in an amount equal to one hundred percent (100%) of the total amount of the contract before commencement of work and conforming to the contract documents.
The successful bidder shall be required to execute through a corporate surety admitted conducting business in the State of California, a Labor and Materials Bond included herein. The successful bidder and surety shall be held and firmly bound unto the City in the penal sum equal to one hundred percent (100%) of the total contract amount. The successful bidder agrees to execute and have notarized the Labor and Materials Bond and deliver it to the City within ten consecutive calendar days of award of contract.
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 Labor and Material Bond 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.
The entire cost of the bond shall be borne by the Contractor.
LABOR AND MATERIALS BOND
KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, THE CITY OF BAKERSFIELD, a Municipal Corporation, hereinafter designated the “Owner”, has on , awarded to , organized and doing business under and by virtue of the laws of the State of California, hereinafter designated as the “Principal”, a contract for the CONTRACT FOR HUD CONCRETE and WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, WE, the Principal, and , as Surety,
are held and firmly bound unto the Owner the penal sum of ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for any amount due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, as required by the provisions of Chapter III, Division V, Title I of the Government Code of the State of California, or with respect to any work or labor for which a bond is required by the provisions of Sections 3247 through 3252 of the Civil Code of the State of California, and provided that the persons, companies, or corporations so furnishing said materials, provisions, or other supplies, appliances, or power use, in, upon, for, or about the performance of the work contracted to be executed or performed, or any person who performs work or labor upon same, or any person who supplies both work and materials, thereto, shall have complied with the provisions of said Civil Code, then said Surety will pay the same in or to an amount not exceeding the amount herein above set forth, and also will pay in case suit brought upon this bond, such reasonable attorney’s fees to the Owner as shall be fixed by the court.
This bond shall ensure to the benefit of the Owners and any and all persons, companies, and corporations and their respective assigns entitled to file claims under applicable State law, including, but not limited to, California Civil Code Section 3181, so as to give a right of action to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the contract or the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
IN WITNESS WHEREOF, the above-mentioned parties have executed this instrument under their seals this day of , 2006, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
INSERT CONTRACTOR’S NAME
(Seal) Principal:
Signature for Principal:
Title:
(Seal)
Name of Surety:
Surety Address:
Telephone No.:
Signature for Surety:
(Attach notarization form for each required signature)
Title:
http://www.dir.ca.gov/DAS/DASForm140.pdf
CITY OF BAKERSFIELD
ECONOMIC & COMMUNITY DEVELOPMENT DEPARTMENT
MINORITY BUSINESS ENTERPRISE AND WOMEN BUSINESS ENTERPRISE
AFFIRMATIVE ACTION PLAN
PURPOSE: This plan contains policies, procedures, and contract clauses applicable to the objective of facilitating maximum practicable opportunity for participation of minority business enterprises (MBEs) and women business enterprises (WBEs) in Federal Department of Housing and Urban Development funded (HUD) contracts at both the prime and subcontract level. This Plan is designed to carry out the purposes of Executive Orders 11458, 12432, 12138, and 11625, and the procurement standards found at 24 CFR 85.36.
GENERAL APPROACH: The City of Bakersfield’s Economic Development section of the Economic & Community Development Department is charged with the responsibility for facilitating the participation of MBE/WBE business enterprises in federally funded contracts and will administer an affirmative action plan which, at a minimum, shall provide for the following:
1. Seek out MBE/WBE business enterprises and facilitate the placement of such concerns on City’s MBE/WBE source lists.
2. Solicit offers from the business enterprises on the City's MBE/WBE source lists.
3. Counsel minority business enterprises, with respect to business opportunities, for the purpose of enhancing their potential participation in federally funded contracts.
4. Ensure that MBE/WBE business enterprises will have an equitable opportunity to compete for contracts by arranging for the solicitation of MBE/WBE’s, allowing them the time for the preparation of bids, quantities, specifications, and delivery schedules.
5. Establish operating procedures which accomplish these general requirements.
6. Maintain records showing business enterprises on City MBE/WBE source lists, concerns solicited, and dollar value of awards to such concerns.
7. Obtain documentation that ensures that all subcontracts let by contractors contain the Minority Business Enterprise Subcontracting Program clause in their contracts.
8. Submit reports at such times and in such form as established by the U.S. Department of Housing and Urban Development.
9. Establish a method for referral of any written discrimination complaints received by the City to HUD's Fair Housing and Equal Opportunity Office.
10. Establish an appeal procedure to the City’s Economic & Community Development Director for contractors or apparent low bidders who the MBE/WBE liaison Officer determines have not made good faith effort to comply with this Plan or meet MBE/WBE participation objectives. The decision, on appeal, of the Economic & Community Development Director shall be final.
RESPONSIBILITY: The Minority Business and Women Business Enterprise Liaison Officer for the City of Bakersfield’s Economic & Community Development Department and its HUD funded projects will be the Economic & Community Development Director or Director’s designee, (661) 326-3765, or [email protected] for said program. Those tasks generally described in the General Approach section of this Plan are the responsibilities of the MBE/WBE Liaison Officer.
The MBE/WBE Liaison Officer will be assigned such staff as is necessary to implement the provisions of this Plan and shall report to the Economic & Community Development Director of the City of Bakersfield.
PROCEDURE:
I. APPLICATION - The Plan set forth herein shall apply to contracts for goods, services, and construction involving Federal HUD funding for $10,000 or more.
II. DEFINITIONS
A. Minority: Minority is defined as any person this is included in one or more of the following: 1) American Indian or Alaskan Native; 2) Asian, Pacific Islander or native Hawaiian; 3) Black or African American; 4) Hispanic or Latino; and, (5) any person of South or Central American origin.
B. Minority Business Enterprise or MBE: A business, at least 51 percent of which is owned by minority group members; or, in case of publicly-owned businesses, at least 51 percent of the stock of which is owned by minority group members.
C. Women Business Enterprise or WBE: A business, at least 51 percent of which is owned by a female; or, in case of publicly-owned businesses, at least 51 percent of the stock of which is owned by female members.
D. Contract: An agreement for goods, services, and construction between the City of Bakersfield or its sub grantees, and a bidder involving $10,000 or more in Federal HUD funds.
E. Contractor: The individual, partnership, corporation, joint venture or other legal entity entering into a contract with the City of Bakersfield or its sub grantees.
F. Subcontractor: Any person, firm, association, or corporation entering into a subcontract with a contractor or higher-tier subcontractor.
G. HUD: United States Department of Housing and Urban Development.
H. Lowest Responsive Bid: An acceptable bid with the lowest price that meets the minimum requirements and specifications. A bid will be deemed non-responsive if it does not demonstrate actions or good faith efforts for achieving goals identified in this plan concerning the use of minority and women’s business enterprises (see MBE/WBE Information Submittal Form/Worksheet as Attachment A for summary criteria for achieving good faith efforts). This MBE/WBE good faith effort applies to all contracts and procurements for construction and construction related services.
III. MBE/WBE GOAL FOR THIS PROJECT
The City of Bakersfield recognizes that the need for MBE/WBE participation is dependent upon the prime contractor’s or bidder’s need for subcontracting any or all of the construction work and/or procuring outside services to complete the project. In the event the contractor or bidder does not require subcontracting or outside procurement of services to successfully complete the project, they should state “not applicable” where appropriate and explain their reasoning in the MBE/WBE forms provided.
If the prime contractor or bidder must issue subcontracts or procure outside services to successfully bid and complete this public works project, then they must demonstrate a good faith effort for complying with government regulations and goals for hiring firms that qualify as MBE/WBE's as it pertains to the City of Bakersfield’s established goal for MBE/WBE participation on this project as described below:
MBE/WBE - 10% (this percentage is a cumulative total of any combination of the two)
*** In the event that the project bidder does not meet the MBE/WBE utilization goal, their firm can still receive a HUD funded contract if they have documented and performed all of the required steps and actions contained in the “MBE/WBE INFORMATION – GOOD FAITH EFFORTS” form that is part of each Bid Proposal solicitation. As required in section B. 5 of this plan, all project bidders must submit this completed form whether the MBE/WBE goal is attained or not.
IV. SPECIFIC DUTIES OF MBE/WBE LIAISON OFFICER
A. Policy – As the MBE/WBE Liaison Officer, the Economic & Community Development Director will establish policies for the administration of this Plan. At a minimum, the policy shall require the City to:
1. To the maximum extent feasible, utilize MBE/WBE business enterprises on all contracts for goods, services and construction involving HUD funding of $10,000 or more.
2. Require contractors bidding on a HUD-funded project:
(a) To abide by the provisions of this Plan; contained in bid specifications and further described and explained in pre-bid conferences.
(b) To make the maximum attempt feasible to achieve the City's objective for MBE/WBE participation in HUD funded contracts.
3. Examine contractor's MBE/WBE affirmative action efforts in view of:
(a) Opportunities for MBE’s/WBE’s as subcontractors, vendors and suppliers.
(b) Minority workforce and business population of Bakersfield. (c) Any existing MBE/WBE programs being utilized in Bakersfield by State, Federal or other local jurisdictions.
(d) Availability of certified MBE/WBE firms.
(e) Past experience with MBE/WBE contracting on similar projects.
4. Actively promote the MBE/WBE Affirmative Action Plan by:
(a) Publishing the notice of the HUD approved MBE/WBE Plan as adopted by the City in minority and other local media; informing the public that comments for informational purposes only will be accepted by the City for 45 days from the date of notice. (b) Maintaining an updated MBE/WBE Directory:
(1) Make available the MBE/WBE Directory to project owners and prime contractors to use as a resource in their attempt to find qualified project contractors and subcontractors. (2) That consists of the MBE/WBE’s name, address, telephone number, ethnicity and gender data, ownership, type of work performed, and State contractors license number.
(3) That is compiled from the MBE/WBE Liaison Officer's solicitation of MBE/WBE’s for inclusion on said Directory, from the list of MBE/WBE’s certified by the California
Department of Transportation, and from any MBE/WBE
Directories produced by local Minority business
Development Centers.
(4) With the minority status of each listed MBE/WBE certified via use of the "Minority and Female Business Enterprise Questionnaire" attached hereto and incorporated herein by this reference as if set forth in full.
(c) Providing interested parties with access to the current MBE/WBE Directory, including: contracting firms doing regular business with the City; project engineers; MBE/WBE firms; and, minority agencies and service organizations.
(d) Transmitting notices inviting project bid proposals to certified MBE/WBE’s and agencies servicing minority business enterprises. (e) Ensuring that all project bid solicitations (Notices to Contractors) appearing in news media clearly stipulate to the City's objective of maximum practical opportunity for participation of MBE/WBE’s in Federal HUD funded contracts.
(f) Providing technical assistance to MBE/WBE’s including the areas of, but not limited to, HUD contract administration, bonding, assembling bid proposal packets and the introduction to contractors seeking MBE/WBE’s for current projects.
(g) Advising all City departments and other entities who are implementing HUD funded projects about this MBE/WBE
Affirmative Action Plan and the requirements for compliance with its provisions.
B. Contract Administration - The MBE/WBE Liaison Officer will promote the intent of this MBE/WBE Affirmative Action Plan by requiring project contractors to:
1. Notify Small Business Development Centers of their intention to solicit MBE/WBE business participation prior to selection of subcontractors.
2. Seek out MBE/WBE subcontractors by making opportunities known via the news media and by direct mail solicitation of firms listed on the City's MBE/WBE Directory as well as other MBE/WBE’s identified by the contractor and not listed in the MBE/WBE Directory.
3. Familiarize themselves with the following HUD project contract stipulations and the "UTILIZATION OF MINORITY BUSINESS ENTERPRISES" and "MINORITY BUSINESS ENTERPRISES SUBCONTRACTING
PROGRAM" clauses, noted below, respectively, and incorporated herein as if set forth in full.
"MINORITY BUSINESS ENTERPRISES"
This agreement is subject to the requirements of Executive Order 11458, March 5, 1969, as superseded by Executive Order 11625, October 13, 1981, the HUD regulations issued pursuant thereto at 24 CFR 85.36, 41 CFR Part 24, 41 CFR Subpart 1-1.13 and any applicable rules and orders of HUD issued thereunder requiring that the maximum practicable opportunity to participate in the performance of contracts funded in whole or in part with federal funds be provided to minority business enterprises as contractors, subcontractors, and suppliers to contractors performing work or rendering services as prime contractors or subcontractors under federally funded procurement contracts.
It is agreed that the Utilization of Minority Business Enterprise clause set forth, in attached hereto, shall be included in all contracts which may exceed $10,000 except, (1) contracts which, including all subcontracts thereunder, are to be performed entirely outside the United States, its possessions, and Puerto Rico, and (2) contracts for services which are personal in nature.
It is further agreed that the Minority Business Enterprise Subcontracting Program clause attached hereto, shall be included in all contracts which may exceed $500,000 and should be included in contracts which may not exceed $500,000 and which, in the opinion of the City and HUD, offer substantial subcontracting possibilities.
4. Submit evidence to their understanding of this Plan and their intent on complying with it by submitting the following integral information, at a minimum, that is included in each Bid Proposal Solicitation:
(a) A fully completed "MBE/WBE INFORMATION – GOOD
FAITH EFFORTS” form, whether the MBE/WBE goal was achieved or not. If the MBE/WBE goal is not attained, the project contractor must follow section C (3) of this plan.
(b) The fully executed "MINORITY CERTIFICATION FORM” for each contractor, subcontractor or service provider that is listed as a MBE/WBE.
(c) A fully completed “MBE/WBE INFORMATION SUBMITTAL
FORM/WORKSHEET” that outlines all of the MBE WBE contractors that will be utilized and the percentage of the overall bid amount carried out by each.
5. Document and maintain records of their efforts and results of their efforts to promote MBE/WBE participation.
C. Contract Compliance - To document compliance with this Plan the MBE/WBE Liaison Officer shall:
1. Develop such reporting and documentation systems as are required pursuant to federal regulations for reporting on the activities and results of this Affirmative Action Plan.
2. Monitor MBE/WBE compliance during the course of contract completion.
ECONOMIC OPPORTUNITIES
FOR
LOW & VERY LOW-INCOME PERSONS
City of Bakersfield
Section 3 Plan
Section 3 Plan
Table of Contents
Subject Page
I. What is Section 3 ..............................................................................2 II. Purpose of this Document .................................................................2 III. Definitions .........................................................................................3 IV. Employment, Training and Contracting Goals ...................................5 V. Eligibility and Certifications ...............................................................7 VI. Compliance Documents ....................................................................9 VII. Selection Priority for Section 3 Workers ............................................9 VIII. Contract Compliance ......................................................................10 VIIII. Complaint Procedure ......................................................................11 IX. City of Bakersfield Preference Procedures for Section 3 Business ..12 X. Attachments & Maps .......................................................................13 Section 3 Page 1
NOTICE OF SECTION 3 REQUIREMENTS
Please read the attached Section 3 Plan very carefully. Your cooperation is appreciated. It is your responsibility, as proposed bidder/responder, to assure compliance with the following procurement provisions. Non-compliance will result in the rejection of submitted bids or proposals. Section 3 is in addition to, and separate from, the Affirmative Action requirements of this proposal. If there are any questions regarding Section 3 requirements, please contact:
Nina Carter, Community Development Principal Planner
City of Bakersfield
Economic & Community Development Department
1600 Truxtun Avenue, 3rd Floor
Bakersfield, CA 93301
(661) 852-7534
Section 3 Page 2
SECTION 3 PLAN
I. WHAT IS SECTION 3?
Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968 (12 U.S.C. 1701u) that is regulated by the provisions of the 24 CFR 75. Section 3 regulations ensure that employment and other economic opportunities generated by certain HUD financial assistance shall to the greatest extent feasible and consistent with existing Federal State and local laws and regulations, be directed to low- and very low-income persons, particularly those recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low- income persons.
Title 24 CFR Part 75 - Economic Opportunities for Low- and Very Low-Income Persons (“Final Rule”) establishes the requirements to be followed to ensure the objectives of Section 3 are met and is what this Section 3 Plan is based upon. The full regulation may be found at: https://www.ecfr.gov/current/title-24/subtitle-A/part75 II. PURPOSE OF THIS DOCUMENT
Section 3 is the legal basis for providing jobs for workers and awarding contracts to businesses for projects receiving HUD or other federal financial assistance more than $200,000. In the event that a Section 3 Project generates economic opportunities (i.e., not out of necessity to serve low- or very low- income persons, but out of necessity to serve the employment or contracting needs of the recipient/contractor) these economic opportunities (i.e., new employees, subcontractors or training) must be directed toward qualified Section 3 Workers, Targeted Section 3 Workers and/or Section 3 business concerns as defined below.
The purpose of Section 3 preferences is to be results oriented by: 1) encouraging business concerns that are not major sources of employment for low-income persons to increase their employment of these persons when economic opportunities arise from HUD financed construction related projects; and 2) promoting the growth of "profit-making" enterprises owned by low-income persons that substantially employ low-income persons with Section 3 contract awards.
This Section 3 plan is designed to the greatest extent feasible to promote the recruitment, employment, and utilization of Section 3 Business Concerns and Section 3 Workers hired for projects and programs partially or wholly funded with HUD monies. The City of Bakersfield’s Economic and Community Development Department may amend its Section 3 Policies and Procedures document as necessary to ensure continued compliance with HUD’s requirements and/or to reflect updated section 3 guidance and outreach strategies.
Section 3 Page 3
III. DEFINITIONS
Area Median Income (AMI) – income limits set annually by the Department of Housing and Urban Development (HUD) to determine eligibility for HUD-funded programs, including Housing and Community Development Financial Assistance subject to this Plan.
Employment Opportunities - with respect to Section 3 covered housing and community development financial assistance, this term means all employment opportunities arising in connection with this Section 3 project including management and administrative jobs. Management and administrative jobs include architectural, engineering, or related professional services required to prepare plans, drawings, specifications, or work write-ups; and jobs directly related to administrative support of these activities, for example, construction manager, relocation specialist, payroll clerk, etc.
Fulltime - a position that is temporary, seasonal, or permanent that requires at least 1750 hours of employment on an annual basis.
Labor Hours - the number of paid hours worked by persons on a Section 3 Project or by persons employed with funds that include Public Housing Financial Assistance.
Low-income person – a person at or below 80% AMI. Note: that Section 3 worker eligibility uses individual income rather than family/household income.
Metropolitan Area - a Metropolitan Statistical Area (MSA), as established by the Office of Management and Budget. The entire geographic area encompassed by the political boundaries of the County of Kern has been defined as the Bakersfield MSA for this Section 3 Plan.
New Hires - means full-time employees for permanent, temporary, or seasonal employment opportunities and/or hiring of contractors/subcontractors.
Lowest Responsive Bid - an acceptable bid with the lowest price that meets the minimum requirements and specifications.
Responsible Bidder - a bidder, who, at the minimum, is licensed, bonded, ensured, capable and reliable.
Section 3 Business Concern - a business concern meeting at least one of the following criteria, documented within the last six-month period: [1] At least 51 percent owned and controlled by low- or very low-income persons; or [2] Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers; or [3] A business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.
Section 3 Page 4
Section 3 Covered Contract - a contract or subcontract (including a professional service contact, such as for architectural or engineering services) awarded by the City of Bakersfield or contractor/subcontractor for work generated by the expenditure of Section 3 covered assistance, or for work arising in connection with this Section 3 covered project. This definition does not include contracts for the purchase of supplies and materials. However, whenever a contract for materials includes the installation of the materials, that contract constitutes a Section 3 covered contract.
Section 3 Worker - [1] Any worker who currently fits or when hired within the past five years fit at least one of the following categories, as documented: [i] The worker’s income for the previous or annualized calendar year is below the income limit established by HUD; [2] The worker is employed by a Section 3 business concern; [3] A YouthBuild participant.
Section 3 Targeted Worker – a Targeted Section 3 worker for housing and community development financial assistance means a Section 3 worker who is: [1] A worker employed by a Section 3 business concern; or [2] A worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years: (i) Living within the service area or the neighborhood of the project; or (ii) A YouthBuild participant.
Section 3 Targeted Worker- a Targeted Section 3 worker for public housing financial assistance means a Section 3 worker who is: [1] A worker employed by a Section 3 business concern; or [2] A worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years:
(i) A resident of public housing; or (ii) A resident of other public housing projects or Section 8-assisted housing; or (iii) A YouthBuild Participant.
Service Area or neighborhood – the geographical area within one mile of the Section 3 project or if fewer than 5,000 people live within one mile of a Section 3 Project, within a circle centered on the Section 3 Project that is sufficient to encompass a population of 5,000 people according to the most recent U. S.
Census.
Skilled Position - A position requiring knowledge, experience, or license in a particular trade or craft.
Unskilled Position - A position that is entry level and does not require any substantial experience or knowledge beyond the high school level.
HUD YouthBuild Program - Programs that receive assistance under subtitle D of Title IV of the National Affordable Housing Act, as amended, and provide disadvantaged youth with opportunities for employment, education, leadership development, and training in the construction or rehabilitation of housing for homeless individuals and members of low- and very, low-income families.
Section 3 Page 5
Subrecipients and Contractors/Subcontractors working on Section 3 Projects must "to the greatest extent feasible" ensure that employment and training opportunities and contracts for work awarded in connection with Section 3 Projects are provided to Section 3 Workers and Section 3 Business Concerns that provide economic opportunities to Section 3 Workers in the Service Area or Neighborhood of the Project.
The benchmarks established below represent minimum targets for a Section 3 covered project that exceeds $200,000 of HUD financial assistance. The benchmarks are not set-asides and quotas, but constitute a "safe harbor" for (Bid Preference) contractors and subcontractors on the matter of compliance with Section 3. In the absence of evidence to the contrary, a contractor or subcontractor that meets the minimum benchmarks outlined in this Section 3 Plan will be considered to have complied with Section 3 requirements.
1. Section 3 Benchmarks
Subrecipients, Contractors and Subcontractors shall make every good faith effort to achieve the following benchmarks in association with the Section 3 Project:
i. Twenty-five (25) percent or more of the total number of labor hours worked by all workers on a Section 3 project are Section 3 workers; (Section 2 Labor Hours/Total Labor Hours = 25%)
And
ii. Five (5) percent or more of the total number of labor hours worked by all workers on a Section 3 project are Targeted Section 3 Workers, as defined at 24 CFR Part 75.21.
(Targeted Section 3 Labor Hours/Total Labor Hours = 5%) These benchmarks shall be updated every three years by the U.S. Department of Housing and Urban Development. The current benchmarks are expected to be applicable until 6/30/2024; however, the City reserves the right to adjust these benchmarks if HUD releases updated benchmarks before this date.
In evaluating compliance under this Section 3 Plan, all Subrecipients and Contractors/Subcontractors that do not met the goals described above has the burden of demonstrating why it was not feasible to meet the Safe Harbor Benchmark quantitative goals identified in the Section 3 Plan.
All Subrecipients and Contractors/Subcontractors must provide evidence that they have made qualitative efforts to assist low and very low-income persons with employment and training opportunities. Such evidence may include statements regarding impediments encountered despite actions taken. In addition, to further demonstrate efforts taken to meet the benchmarks, a contractor/subcontractor can indicate other economic opportunities provided to Section 3 Workers, Section 3 IV. EMPLOYMENT, TRAINING AND CONTRACTING GOALS
Section 3 Page 6
Targeted Workers or Section 3 business concerns as outlined on page 4 of Attachment "A".
2. Selection Priority for Section 3 workers and Section 3 targeted workers in Training and Employment
a. Training and Employment
Under the City of Bakersfield’s Section 3 Plan, contractors and subcontractors should make best efforts to provide employment and training opportunities to Section 3 workers within the metropolitan area (or nonmetropolitan county) in which the project is located in the priority order listed below:
a. Section 3 workers residing within the service area or the neighborhood of the project; and
b. Participants in YouthBuild programs.
b. Contracting
Under the City of Bakersfield’s Section 3 Plan, contractors and subcontractors should make their best efforts to award contracts and subcontracts to business concerns that provide economic opportunities to Section 3 workers in the following order or priority:
I. Business concerns that provide economic opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county) which assistance is located in the following order of priority (where feasible):
II. Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project; and
III. YouthBuild programs.
Section 3 Page 7
1. Section 3 Workers
A Section 3 worker seeking certification shall submit self-certification documentation to the contractor or subcontractor, that the person is a Section 3 worker or Targeted Section 3 worker as defined in 24 CFR Part 75. The City will use individual income to determine eligibility. The income limits will be determined annually using the guidelines published by HUD.
Persons seeking the Section 3 worker preference shall demonstrate that it meets one or more of the following criteria currently or when hired within the past five years, as documented:
i. The worker’s income in the year in which they qualified as a Section 3 Worker is below the income limit established by HUD
(https://www.huduser.gov/portal/datasets/il.html);
ii. The worker is employed by a Section 3 Business Concern; iii. The worker is a YouthBuild participant.
(Please note the status of a Section 3 worker shall not be negatively affected by a prior arrest or conviction. Nothing in the Section 3 Plan shall be construed to require the employment of a Section 3 Worker or Section 3 Targeted Worker who does not meet the background and qualifications of the position to be filled.) Attachment "B" self-certification will be one of the methods used by City, contractors, and subcontractors to confirm eligibility for Section 3 preference.
Should said certification come into question or not be appropriate due to the type of Section 3 worker (i.e., public housing tenant), City, and contractors and subcontractors may request other evidence of eligibility for the preference, such as evidence of receipt of public assistance or evidence of participation in a public assistance program. Attachment "B" for each Section 3 worker and Section 3 Targeted worker must be submitted no later than the date of the preconstruction conference. Should a contractor submit a bid and be awarded a contract predicated on new hires for Section 3 workers and does not provide evidence at the pre-construction conference that this requirement was met, the contractor may be deemed by the City of Bakersfield to be in non-compliance of federal requirements and therefore in breach of contract and subject to contract rescission.
V. SECTION 3 ELIGIBILITY AND CERFICICATIONS
Section 3 Page 8
2. Section 3 Business Concerns
Businesses that believe they meet the Section 3 Business requirements can selfregister in the HUD Business Registry, here: http://www.hud.gov/Sec3Biz.
Business may seek Section 3 Business Concern preference by demonstrating that it meets one or more of the following criteria, documented within the last six-month period:
i. It is at least 51 percent owned and controlled by low- or very low-income persons;
ii. Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers; or iii. It is a business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.
(Please note the status of a Section 3 business concern shall not be negatively affected by a prior arrest or conviction of its owner(s) or employees.
Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3 Business Concern. Section 3 Business Concerns are not exempt from meeting the specifications of the contract.)
Attachment "C" (or a similar form) must be used by contractors and subcontractors to obtain certification from Section 3 business concerns seeking the preference in contract or subcontract award provided in this Section 3 plan.
This attachment, if utilized, must be submitted by the bid deadline. Should said certification come into question, City, and contractors/subcontractors may request other evidence of eligibility for the preference.
A business concern seeking to qualify for a Section 3 contracting preference shall certify that the business concern is a Section 3 business concern. A Section 3 business concern seeking a contract, or a subcontract must demonstrate to the satisfaction of the party awarding the contract or subcontract that the business concern is responsible and has the ability to perform successfully under the terms and conditions of the proposed contract or subcontract.
Section 3 Page 9
Attachment A Section 3 Economic Opportunity Plan
Attachment B Section 3 Worker Certification
Attachment C Section 3 Business Concern Certification
Attachment D Section 3 Worker Employment/Business Utilization Bidder's Certification
Attachments A, C and D must be satisfactorily completed as part of an acceptable bid.
These attachments provide important information as to the bidders Section 3 strategy.
VII. SELECTION PRIORITY FOR SECTION 3 WORKERS AND SECTION 3
BUSINESS CONCERNS
All bidders must complete the Section 3 Economic Opportunity Plan (EOP) (Attachment "A") and return it with their bid. Part of the Section 3 EOP requires all bidders to complete a preliminary statement of the workforce needs for the activity, broken out by trade for all skilled, semi-skilled, and unskilled labor and trainee categories, regardless if new hires will be generated. This statement should include the anticipated workforce needs of any subcontractor(s) the bidders intend to use where this is known; this information should be obtained from the subcontractor(s) before any subcontract in excess of $100,000 is awarded.
If selected for a contract that will generate economic opportunities as a result of a Section 3 covered project, Contractors/Sub-Contractors will be required to meet appropriate benchmarks for the hiring of Section 3 workers/business concerns to fill the project workforce needs. Furthermore, if a firm is awarded a contract but fills its new positions with non-Section 3 Workers/businesses prior to the signing of a contract, you must be prepared to demonstrate that this was not done to circumvent these requirements. If Section 3 requirements are purposely circumvented as a means to acquire an award, the project contract will be deemed null and void.
In order to assist with meeting the required benchmarks, Contractors/ Subcontractors may wish to consider using the employment/job development services of the agencies listed below as well as other agencies and centers that serve the economically disadvantaged within the project area:
Employers Training Resource (ETR) - (661) 325-4473
State Employment Development Department (EDD) - (800) 300-5616 Housing Authority of Kern County - (661) 631-8500
CSU Bakersfield Small Business Development Center - (661) 654-2856 Kern Small Business Development Center – (661) 861 - 7951 Kern, Inyo and Mono Counties Central Labor Council - (661) 324-6451 The Open-Door Network (Bethany Services) - (661) 322-9199 The Mission at Kern County – (661) 325-0863
VI. LIST OF SECTION 3 COMPLIANCE DOCUMENTS TO BE SUBMITTED WITH BID
Section 3 Page 10
ETR and EDD can provide names of potentially qualified Section 3 Workers and Section 3 Targeted Workers. The Housing Authority and Bethany Services can provide names of qualified Section 3 Workers and Section 3 Targeted Workers who are public housing tenants and homeless, respectively. The Kern, Inyo and Mono Counties Central Labor Council can potentially provide names of unemployed Section 3 Workers and Section 3 Targeted Workers skilled in the building trades. The Small Business Development Center and the Bakersfield Minority Business Development Center can provide technical assistance to potential Section 3 businesses.
Contractors will also be required, to the greatest extent feasible, to award subcontracts to business firms located in or owned in substantial part by residents of the project area (Targeted Section 3 worker -see Attachment A for more information). As identified on page A-1 of this Plan, the Section 3 Business Contracting goal is 25 percent of the total number of labor hours worked by all workers with Section 3 Targeted Workers set at 5 percent or more of the total number of labor hours worked by all workers on the Section 3 project.
If your company should be awarded a Section 3 covered contract under, you will be required to give notice to all labor organizations with which you have an agreement that you have made this commitment. This notice should also be posted at your place of business and at the job site. A sample notice of this type is provided for your reference in this section.
In order for your bid to be acceptable under this provision, you should be certain that you understand the attached Section 3 clause (Attachment "C") which is to be inserted in all Section 3 covered contracts and subcontracts. This clause commits the contractor/subcontractor to provide, to the greatest extent feasible, training and employment opportunities to Section 3 Workers and Section 3 Business Concerns.
A Section 3 Worker is defined by their household annual gross income and household size (Attachment "C"). The Section 3 Worker Utilization Bidder's Certification Form (Attachment "D") states you understand this Section 3 requirement. This form must be completed by you, signed by an authorized representative of your company and returned with your bid.
VIII. SECTION 3 CONTRACT COMPLIANCE
Minimum compliance with Section 3 is determined by meeting goals for training and contracting by contractors and subcontractors for Section 3 covered projects.
In evaluating compliance under Section 3, a contractor or subcontractor that has not met the appropriate goals has the burden of demonstrating why it was not feasible to meet the goals described in the Section 3 Plan. This would include documentation that every feasible attempt was made to notify, encourage, and facilitate job and contracting opportunities to Section 3 Workers, Section 3 Targeted Workers, and Section 3 business concerns.
Section 3 Page 11
The written records of Section 3 Project Contractors and Subcontractors will be reviewed by the City as a means of establishing compliance or non-compliance with Section 3 requirements. Contractors and subcontractors who receive Section 3 contracts found to be in non-compliance will be deemed to be ineligible for future Section 3 covered projects for a minimum period of 24 months from the date deemed to be in non-compliance. Attachment "E" shall be used by contractors and subcontractors to provide information and data regarding actual contracts and subcontracts awarded. Satisfactory submission of Attachment "F" each request for payment is a prerequisite for the city to authorize payment on a Section 3 covered project.
Attachment "G" identifies acceptable methods that, when documented, demonstrate compliance with Section 3. Attachment "H" identifies a sample notice for project area resident employment commitment. Attachment "I" provides a sample description of job categories connected with Section 3 covered projects.
Note: Labor Union Relationships and Section 3
Some contracting firms choose to enter into business agreements with labor unions. These agreements may sometimes appear to be inconsistent with Section 3 requirements. However, it is important to note that labor union agreements do not take precedence over laws established by the federal government of the United States. In other words, it would not be correct for labor unions to suggest that their signatories not comply with federal regulations when such regulations are incompatible with the terms of the union-signatory agreement.
VIIII. COMPLAINT PROCEDURE
A complaint may be filed alleging a violation of Section 3 requirements. They may be filed by Section 3 Workers or Section 3 Business Concerns. Complaints are investigated by HUD and where appropriate, voluntary resolutions are sought.
Those grievances that are not resolved voluntarily can result in an administrative hearing.
A complaint should be written upon the enclosed complaint register (Attachment “J”).
Complaints should be filed with the City of Bakersfield and, if warranted, may be appealed to the Area Office of HUD (LA Area), Washington, D.C. HUD.
Addresses:
1. City of Bakersfield
Attn: Misty Eaton, Community Development Principal Planner Economic & Community Development Department
1600 Truxtun Avenue, 3rd Floor, Bakersfield, CA 93301
(661) 326-3765;
Section 3 Page 12
2. HUD LA Area Office, Region IX
Director, Fair Housing and Equal Opportunity
U.S. Dept. of Housing and Urban Development
Los Angeles Street #4054
Los Angeles, CA. 90012
(213) 894-8000
3. HUD Washington
Assistant Secretary, Fair Housing and Equal Opportunity Dept. of HUD
451 Seventh St., S.W.
Washington, D.C. 20410-2000
(202) 708-2251
IX CITY OF BAKERSFIELD PREFERENCE PROCEDURES FOR SECTION 3
BUSINESS
Concerns under Procurement by Sealed Bids (Invitations for Bids) This section of the Section 3 Plan provides a framework for awarding Section 3 covered contracts to contractors and subcontractors under Procurement by Sealed Bids (Invitation for Bids).
Preference in the award of Section 3 covered contracts that are awarded under a sealed bid process may be provided as follows: [1] Bids shall be solicited from both Section 3 Business Concerns and Non-Section 3 Business Concerns. An award shall be made to the qualified Section 3 Business Concern with the highest priority ranking and with the lowest responsive bid if that bid (A) is within the maximum total contract price established in the contracting party's budget for the Section 3 covered project, and (B) is not more that "X" higher than the total bid price of the lowest responsive bid from any responsible bidder. "X" is determined as follows:
Preference Matrix
X = lesser of:
When the lowest responsive bid is:
At least $100,001 but less than $200,000 9% of that bid or $16,000 At least $200,000 but less than $300,000 8% of that bid or $21,000 At least $300,000 but less than $400,000 7% of that bid or $24,000 At least $400,000 but less than $500,000 6% of that bid or $25,000 At least $500,000 but less than $1 million 5% of that bid or $40,000 At least $1 million but less than $2 million 4% of that bid or $60,000 At least $2 million but less than $4 million 3% of that bid or $80,000 At least $4 million but less than $7 million 2% of that bid or $105,000 $7 million or more 1½% of the lowest responsive
bid, with no dollar limit
Section 3 Page 13
The City encourages Subrecipients to utilize additional preferences in the award of Section 3 covered contracts under a sealed bid process. For example, Subrecipients may award points to bidders who are qualified Section 3 Business Concerns or who commit to contract with a specific number of Section 3 Business Concerns.
X. ATTACHMENTS & MAPS (SEE ATTACHED INFORMATION.)
A - Section 3 EOP (Part of Bid Submission)
B - Section 3 Worker and Targeted Section 3 Worker Self Certification (Must be submitted at Pre-Con)
C - Section 3 Business Concern Certification (Part of Bid Submission) D – Section 3 Worker Employment/Business Utilization Bidder's Certification Form (Part of Bid Submission)
E - Actual Subcontracts Awarded in Connection with Section 3 Covered Projects. (To be Submitted with Each Payment Request)
F – Monthly Section 3 Report. (To be Submitted with Each Payment Request)
G - Examples of Efforts to award contracts to Section 3 Business Concerns (Part of Bid Submission)
H - Sample Notice for Project Area Resident Employment Commitment I - Sample Description of Job Categories for Section 3 Plan J - Complaint Register
Maps: City of Bakersfield Urban Census Map(s)
ATTACHMENT “A”
City of Bakersfield Section 3 EOP A-1
SECTION 3 ECONOMIC OPPORTUNITY PLAN (EOP)
City of Bakersfield
Economic and Community Development Department
(SUBMIT WITH BID)
Date: ________ Project Name: ____________________________________________ Name of Bidder/Organization: ______________________________________________ Address of Bidder/Organization: ____________________________________________ Contact Person/Title: _______________________________________ Description of Section 3 project area or Neighborhood of the Section 3 Project, bordering streets, etc. (or attach map).
________________________________________________________________ ________________________________________________________________ U.S. Census Tract (C.T.) and Block Group (B.G.) in which the project is located in:
(see attached map)
A. Economic Opportunities for Local Businesses and Lower Income Persons Entity Total # of
Labor Hours
Needed to
Complete this
Project
Total # of
Labor Hours to
be completed
by Section 3
Workers (not
Targeted)
Total # of
Labor Hours to
be completed
by Targeted
Section 3
Workers.
General
Contractor
Subcontractors
Totals
B. Business Concerns to Be Hired
(i.e., contractors, subcontractors, vendors/suppliers who provide installation) Will subcontractor(s) be needed to complete this project. Yes __ or No __ (If “no” go to page 2.)
ATTACHMENT “A”
City of Bakersfield Section 3 EOP A-2
B. Preliminary Statement of Workforce Needs*
1. Employees (General Contractor) you Plan to Use for the Proposed Project Occupations Total # of Employees
Needed to Complete
This Project
# of Positions Now Filled
by Permanent Employees
Vacancies to Fill
Skilled Trades
Semi-skilled
Unskilled Labor
Trainees/Apprentices
Totals
*Required to be filled out - see Page 7 (Section VI)
ATTACHMENT “A”
City of Bakersfield Section 3 EOP A-3
1. List subcontractors and vendors who install materials on the construction site you plan to use regardless of contract amount (specify trade, name, license number and phone number).
Trade Name License # Phone Address
% Of
Total
Project
Cost
Section 3
Business
Concern:
(Yes or
No)
ATTACHMENT “A”
City of Bakersfield Section 3 EOP A-4
C. If the Benchmarks are projected to not be met, report below on efforts to meet the benchmark:
1. Detailed description of: 1) all efforts planned to outreach, identify and secure bids from Section 3 Business Concerns; 2) all Technical Assistance planned to help Section 3 Business Concerns understand and bid on the Section 3 Project; and 3) any assistance made available to Section 3 Business Concerns in bonding, guaranties, or other efforts to support viable bids.
2. Identify efforts, sources, and methods of recruitment of Section 3 Workers New Hires (documentation of actual new hires for Section 3 covered project will be required to be submitted with each payment request).
3. List State approved apprenticeship programs to be utilized, if any.
ATTACHMENT “A”
City of Bakersfield Section 3 EOP A-5
4. List any Job Training Partnership Act programs to be utilized, if any.
5. Detailed description of: 1) all efforts planned to outreach to and generate job applicants who qualify as Section 3 Workers; and 2) all planned Technical Assistance to help Section 3 Workers apply for jobs.
6. List other methods utilized to provide economic opportunities and comply with Section 3 requirements (use additional sheets if necessary).
Attachment A to be Submitted with Bid
ATTACHMENT “B”
Section 3 Self-Certification B-1
SECTION 3 WORKER AND TARGETED SECTION 3 WORKER SELF-CERTIFICATION City of Bakersfield
Economic and Community Development Department
(SUBMIT AT PRECONSTRUCTION MEETING)
Project Title:
I, the undersigned, understand that the aforementioned project is subject to the Section 3 Plan which warrants that employment and other economic opportunities generated by certain United States Department of Housing and Urban Development (HUD) financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State, and local laws and regulations, be directed to low-and very-low income persons, particularly those who are recipients of assistance for housing.
In reliance of that said warranty, and in reliance upon the income schedules and project service area designation attached hereto and made part of this certification by this reference, I hereby certify that I am a person of low- or very low-income and a Section 3 Worker by virtue of the statements I make by selecting any of the following as applicable to me:
Employee Name: _______________________________
1. Are you a resident of public housing or a Housing Choice ☐ YES ☐ NO Voucher Holder (Section 8)?
2. Are you a resident of the City of Bakersfield or Kern ☐ YES ☐ NO County?
3. In the field below, select the amount of individual income you believe you earn on an annual basis.
☐ Less than $10,000 ☐ $30,001 - $40,000 ☐ More than $60,000 ☐ $10,001 - $20,000 ☐ $40,001 - $50,000
☐ $20,001 - $30,000 ☐ $50,001 - $60,000
Select from ONE of the following two options below:
I qualify as a:
Section 3 Worker (See definition below, on Section 3 Worker Certification Form) Targeted Section 3 Worker (See definition below, Section 3 Worker Certification Form) ATTACHMENT “B”
Section 3 Self-Certification B-2
SECTION 3 WORKER AND TARGETED SECTION 3 WORKER SELF-CERTIFICATION City of Bakersfield
Economic and Community Development Department
Eligibility Guidelines
The worker’s income must be at or below the amount provided below for an individual (household of 1) regardless of actual household size.
Individual Income Limits
FY 2024 Income
Limit Area
Income Limits
Category
FY 2024 Income
Limits ($)
City of
Bakersfield/Kern
County
Extremely Low
Income Limits
(30%) 18,450
Very Low Income
Limits (50%) 30,800
Low Income Limits
(80%) 49,250
Section 3 Worker Definition:
Any worker who currently fits or when hired within the past five years fit at least one of the following categories, as documented:
• The worker’s income for the previous or annualized calendar year is below the income limit established by HUD
• The worker is employed by a Section 3 business concern • A YouthBuild participant.
Targeted Section 3 Worker Definition (for housing and community development) • A worker employed by a Section 3 business concern
• A worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years.
o Living within the service area or the neighborhood of the project o A YouthBuild participant.
Attachment B to be Submitted at Preconstruction Meeting ATTACHMENT “C”
Section 3 Business Concern Certification C-1
SECTION 3 BUSINESS CONCERN CERTIFICATION
City of Bakersfield
Economic and Community Development Department
(SUBMIT WITH BID)
Project Title:
The undersigned acknowledges by this certification its understanding that the aforementioned project is subject to the Section 3 Plan which warrants that employment and other economic opportunities generated by certain United States Department of Housing and Urban Development (HUD) financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low-and very-low income persons, particularly those who are recipients of assistance for housing.
In reliance of that said warranty, any intent by a firm to claim the preference to be given to business concerns providing economic opportunities to low- or very low-income persons is hereby certified by the undersigned by virtue of any applicable statements selected below:
The firm is 51 percent or more owned and controlled by low- or very low-income persons, as defined in the City of Bakersfield's Section 3 Plan of which this certification is made part*; or
At least 51 percent of the business is owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing; or Over 75 percent of the labor hours performed for the business over the prior threemonth period are performed by Section 3 workers; This firm is not a Section 3 Business Concern.
*THE CITY RESERVES THE RIGHT TO REQUEST DOCUMENTATION FROM THE BIDDER PRIOR TO BID AWARD THAT VERIFIES THIS SELECTED STATEMENT.
SUBMIT WITH BID
ATTACHMENT “C”
Section 3 Business Concern Certification C-2
Business Concern Affirmation
I affirm that the above statements are true, complete, and correct to the best of my knowledge and belief. I understand that businesses who misrepresent themselves as Section 3 business concerns and report false information to Misty Eaton, Community Development Principal Planner, City of Bakersfield, may have their contracts terminated as default and be barred from ongoing and future considerations for contracting opportunities. I hereby certify, under penalty of law, that the following information is correct to the best of my knowledge.
Signature: Date:
Title:
Print Name:
Name of Firm:
Business Address: Phone:
Business License Number: Contractor’s License Number:
SUBMIT WITH BID
ATTACHMENT “C”
Section 3 Business Concern Certification C-3
SECTION 3 PROVISIONS*
A. The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 17O1u. Section 3 requires that the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project.
B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.
C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.
D. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. * To be inserted into every subcontract for work.
ATTACHMENT “C”
Section 3 Business Concern Certification C-4
SECTION 3
RESIDENT FAMILY INCOME LIMITS
Bakersfield and Kern County
Metropolitan Statistical Area
(FY 2023-2024 Median Family Income = $78,600)
FY 2024 Income Based on Household Size
(in dollars)
1 Person
2 Person
3 Person
4 Person
5 Person
6 Person
7 Person
8 Person
Low
Income
(80%)
$49,250 $56,250 $63,300 $70,300 $75,950 $81,550 $87,200 $92,800 Very Low
Income
(50%)
$30,800 $35,200 $39,600 $43,950 $47,500 $51,000 $54,500 $58,050 Extremely
Low
(30%)
$18,450 $21,100 $23,750 $26,350 $28,500 $30,600 $32,700 $34,800 Attachment C to be Submitted with Bid
ATTACHMENT “D”
Utilization Bidders Certification D-1
SECTION 3 WORKER EMPLOYMENT/BUSINESS
UTILIZATION BIDDERS CERTIFICATION
City of Bakersfield
Economic and Community Development Department
(SUBMIT WITH BID)
Name of Company:
Address:
Project Title: Project Number:
This is to certify that I have read and understand the Section 3 Worker employment/business utilization requirements that apply to the above cited project, said requirements being known as the Section 3 Clause found in 24 CFR 75, as amended in the Section 3 Final Rule on September 29, 2020 (the Final Rule) and that neither the project nor the company are under any contractual restrictions or other disabilities which would prevent the company from complying with said requirements.
Signature of Company Officer:
Print Name:
Title of Officer:
Date:
ATTACHMENT “E”
E-1
NAME OF PROJECT: DATE:
List all Section 3 Subcontractors and/or Suppliers
SUBCONTRACTOR'S NAME, ADDRESS, PHONE NUMBER
AND LICENSE NUMBER
TYPE OF WORK (TRADE) AMOUNT
SUPPLIER'S NAME, ADDRESS AND PHONE NUMBER
(IF INSTALLATION REQUIRED)
TYPE OF WORK AMOUNT
To be submitted with each payment request
ATTACHMENT “F”
Section 3 Monthly Report
F-1
MONTHLY
SECTION 3 REPORT
City of Bakersfield
Economic and Community Development Department
Instructions for Completion
Project Name and Number:
Prime Contractor Report Must Include Total Hires for all Sect. 3 Sub-Contractors and Report Cumulative Fiscal Year (July - June) to Date Information Part I : Employment and Training Opportunities
Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (i.e., supervisors, architects, surveyors, planners, and computer programmers). For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of "Other" includes occupations such as service workers.
Column B: Enter the number of labor hours worked for each category of workers identified in Column A in connection with this project.
Column C: Enter the number of hours worked by Section 3 Worker for each category of workers identified in Column A in connection with this project. Section 3 refers to a Section 3 Workers and includes Targeted Section 3 Workers.
Column D: Calculate the percentage of labor hours worked by Section 3 Workers and Targeted Section 3 Workers connected with this project.
Column E: Enter the number of staff hours worked by Targeted Section 3 Workers Column F: Calculate the percentage of labor hours worked by Targeted Section 3 Workers.
ATTACHMENT “F”
Section 3 Monthly Report
F-2
EMPLOYMENT & TRAINING OPPORTUNITIES
Prime Contractor Report Must Include Total Hires for all Section 3 Subcontractors Project Name and Number:
1. Contractor Name & Address : (Street, City, State, Zip) 2. License Number: 3. Dollar Amount of Contract:
4. Contact Person: 5. Phone: (Include Area Code)
6. Reporting Period: 7. Date Report Submitted:
Part I: Employment and Training
A
Job Category
B
Number of
Labor Hours
Worked
C
Number of Section
3 Labor Hours
Worked
D
% of Labor Hours
Worked by
Section 3 Workers
(Column C/B)
E
Number of
Targeted Section
3 Labor Hours
Worked
F
% of Labor Hours
Worked by Targeted
Section 3 Workers
(Column E/B)
Professionals
Technicians
Office/Clerical
Construction by Trade (List)
Trade:
Trade:
Trade:
Trade:
Trade:
Other (List)
Total
SUBMIT MONTHLY
Part II : Contracts Awarded - Cumulative To Date Reporting Required ATTACHMENT “F”
Section 3 Monthly Report
F-3
1. Construction Contracts:
A. Total dollar amount of all contracts over $200,000 awarded on this project $ B. Total dollar amount of contracts awarded to Section 3 Businesses` $ C. Percentage of the total dollar amount that was awarded to Section 3 Businesses % D. Total number of Section 3 Businesses receiving contracts
2. Non-Construction Contracts:
A. Total dollar amount of all non-construction contracts over $200,000 awarded on this project $
B. Total dollar amount of all non-construction contracts awarded to Section 3 Businesses $
C. Percentage of the total dollar amount that was awarded to Section 3 Businesses % D. Total number of Section 3 Businesses receiving non-construction contracts $ Part III : Summary - Cumulative To Date Reporting Required Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.)
____ Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the project site, contacts with community organizations and public or private agencies operating within the metropolitan area (or non-metropolitan county) in which this Section 3 covered project is located, or similar methods. ____ Participated in a HUD program or other program which promotes the training or employment of Section 3 Workers or Targeted Section 3 Workers. ____ Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 Business Concerns. ____ Other; describe below or on additional attached pages if required.
SUBMIT MONTHLY
Following are acceptable methods that, when documented, demonstrate compliance with Section 3:
ATTACHMENT “F”
Section 3 Monthly Report
F-4
Efforts to Offer Training and Employment Opportunities to Section 3 Workers and Section 3 Targeted Workers That Demonstrate Compliance with the "Greatest Extent Feasible" Requirement of Section 3.
(1) Consulting with State and local agencies administering training programs funded through JTPA or JOBS, probation and parole agencies, unemployment compensation programs, community organizations and other officials or organizations to assist with recruiting Section 3 Workers and Targeted Section 3 Workers for a contractor's or subcontractor's training and employment positions.
(2) Advertising the jobs to be filled through the local media. (3) Employing a job coordinator, or contracting with a business concern that is licensed in the field of job placement (preferably a Section 3 Business Concern) that will undertake efforts to match eligible and qualified Section 3 Residents with the training and employment positions that the contractor intends to fill. (4) Establishing training programs, which are consistent with the requirements of the Department of Labor, for public housing residents and other Section 3 Workers and Targeted Section 3 Workers in the building trades.
(5) Advertising the training and employment positions by distributing flyers (which identify the positions to be filled, the qualifications required, and where to obtain additional information about the application process) to housing developments where Targeted Section 3 Workers may reside.
(6) Entering into "first source" hiring agreements with organizations representing Section 3 Workers and Targeted Section 3 Workers.
(7) Contacting resident council, resident management corporations, or other resident organizations, where they exist, in the housing developments where Section 3 Workers and Targeted Section 3 Workers reside, to request the assistance of those organizations in notifying residents of the training and employment positions to be filled. (8) Sponsoring a job informational meeting to be conducted at a location in the housing developments where Section 3 Workers and Targeted Section 3 Workers reside or in the neighborhood or service area of the Section 3 covered project. (9) Arranging assistance in conducting job interviews and completing job applications for possible Section 3 Workers and Targeted Section 3 Workers of the housing developments reside and, in the neighborhood, or service area in which a Section 3 project is located.
(10) Arranging for a location in the housing developments Section 3 Workers and Targeted Section 3 Worker reside, or the neighborhood or service area of the project, where job applications may be delivered and collected or where job interviews can be conducted. (11) Where there are more qualified Section 3 Workers and Targeted Section 3 Workers than there are positions to be filled, maintaining a file of eligible qualified Section 3 Workers for future employment positions.
(12) Undertaking such continued job training efforts as may be necessary to ensure the continued employment of Section 3 Workers and Targeted Section 3 Workers previous hired by for employment opportunities.
ATTACHMENT “G”
G-1
Efforts to Award Contracts to Section 3 Business Concerns That Demonstrate Compliance with the "Greatest Extent Feasible" Requirement of Section 3. (1) In determining that responsibility of potential subcontractors, consider their record of Section 3 compliance as evidenced by past actions and their current plans for the pending subcontract.
(2) Contacting business assistance agencies, minority contractors' associations and community organizations to inform them of contracting opportunities and request their assistance in identifying Section 3 businesses which may solicit bids or proposals for contracts for work in connection with Section 3 covered assistance. (3) Providing written notice to all known Section 3 Business Concerns of the contracting opportunities. This notice should be in sufficient time to allow the Section 3 Business Concerns to respond to the bid invitations or request for proposals. (4) Following up with Section 3 Business Concerns that have expressed interest in the contracting opportunities by contacting them to provide additional information on the contracting opportunities.
(5) Coordinating pre-bid meetings at which Section 3 Business Concerns could be informed of upcoming contracting and subcontracting opportunities. (6) Advising Section 3 Business Concerns as to where they may seek assistance to overcome limitations such as inability to obtain bonding, lines of credit, financing, or insurance.
(7) Arranging solicitations, times for presentations of subcontract bids, quantities, specifications, and delivery schedules in ways to facilitate the participation of Section 3 Business Concerns.
(8) Where appropriate, breaking out subcontract work items into economically feasible units to facilitate participation by Section 3 Business Concerns. (9) Advertising subcontracting opportunities through trade association papers and newsletters, and through other local media, such as newspapers of general circulation. (10) Developing a list of eligible Section 3 Business Concerns.
Providing Other Economic Opportunities
Contractors and subcontractors are encouraged to undertake efforts to provide to low-income persons economic opportunities other than training, employment, and contract awards, in connection with Section 3 covered assistance.
Other Training and Employment Related Opportunities: These include, but need not be limited to, use of trainee positions to fill vacancies; and hiring Section 3 Workers and Targeted Section 3 Workers in part-time positions.
Other Business-Related Economic Opportunities: Such opportunities include, but are not limited to, the formation of Section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, purchase of supplies and materials from Housing Authority resident-owned businesses, and purchase of materials and supplies from Public Housing Authority resident-owned businesses ATTACHMENT “H”
H-1
SAMPLE NOTICE OF PROJECT AREA RESIDENT EMPLOYMENT COMMITMENTS
INSTRUCTIONS
This Section 3 Project Area Resident Employment regulations require that a notice similar to this sample be sent by all firms awarded a contract on this project to any labor organizations with which it has a collective bargaining agreement or other agreement or understanding. If awarded a contract, you will be required to submit a notice of this type and to post it in a prominent place available to your employees. This notice should be retyped on your company's letterhead.
S A M P L E
TO WHOM IT MAY CONCERN:
The (NAME OF COMPANY) has entered into an agreement with the City of Bakersfield for work to be performed at (SITE OF WORK). This project is funded in part by the U.S.
Department of Housing and Urban Development (HUD) and as such is subject to the terms of Section 3 of the Housing and Urban Development Act of 1968, 12 USC 1701u.
As a contractor or subcontractor on this project, and pursuant to the provisions of Section 3, the (NAME OF COMPANY) is committed to utilizing Section 3 Workers and Targeted Section 3 Workers to the greatest extent feasible. In addition, the (NAME OF COMPANY) will utilize to the greatest extent feasible business concerns located in or owner in substantial part by residents of the Section 3 covered project area.
It is the intention of the (NAME OF COMPANY) to fulfill its obligations under Section 3.
Signature of Authorized Company Representative
ATTACHMENT “I”
I-1
SAMPLE DESCRIPTION OF JOB CATEGORIES FOR SECTION 3 PLAN Officials/Managers - Occupations requiring administrative personnel who set broad policies, exercise overall responsibility for execution of these policies, and direct individual departments or special phases of a firm's operation. Includes: officials, executives, middle management, plant managers, superintendents, salaried foreman.
Professionals - Occupations requiring either college graduation or experience of such kind that provides a comparable background. Includes: accountants, chemists, architects, engineers, personnel workers, registered nurses, teachers, lawyers, auditors.
Technicians (Para-professionals) - Workers of relatively high skill level having a thorough and comprehensive knowledge of the processes involved in their work which can be obtained through about two years of post-high school education or through equivalent onthe-job training (e.g., computer programmers, draft persons, engineering aides, junior engineers, nurses, nurse's aides, assistants, surveyors, buyers).
Sales - Occupations engaging wholly or primarily in direct selling (e.g., advertising agents, brokers, sales clerks).
Office/Clerical - Includes all clerical-type work regardless of level of difficulty (e.g., bookkeepers, office clerks, typists, telephone operators, non-management).
Skilled Craft Workers - Manual workers of relatively high skill level having a thorough and comprehensive knowledge of the processes involved in their work (e.g., auto attendants, laundry operators, truck drivers).
Operatives (Semi-skilled workers) - Workers who operate machines or processing equipment or perform other factory-type building trades, truck drivers).
Laborers (Unskilled workers) - Workers in manual occupations which generally require no special training (e.g., laborers, helpers, car washers, gardeners, elevator operators).
Service Workers - Workers in both protective and non-protective service occupations (e.g., police, firefighters, guards, waiters, waitresses, porters).
Apprentices/Trainees - Persons employed in a program including work training and related instruction to learn a trade or craft which is traditionally considered and apprenticeship, regardless of whether the program is registered with a Federal or State agency)
Previous Editions are Obsolete form HUD-958 (5/2016)
ATTACHMENT “I”
Complaint Register
U.S. Department of Housing
and Urban Development
OMB Approval No. 2529-0043 (revised)
(Expires11/30/2018)
Under Section 3 of the Housing Office of Fair Housing
And Urban Development Act of 1968 and Equal Opportunity Instructions: This form is to be used to report allegations of noncompliance with Section 3 of the Housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135.
1. Complainant Information:
Name of Complainant (Person or organization) Home Phone Street Address Work Phone
City, State, Zip code
Email Address:
2. You are: (check all that apply)
□ Low/Very Low Income Person □ Section 3 Business
□ Public Housing Resident □ A Representative of a Section 3 Business □ HUD Youthbuild Participant □ Other:
□ A Representative of any of the above listed Individuals (Such as: a Low-Income Person or Public Housing Resident)
3. Basis for alleged noncompliance with Section 3:
□ Denied Training □ Denied Employment □ Denied Contracting □ Other (see below in item 6)
4. Complaint is against: (check one or more boxes)
□ Recipient of HUD Funds
(Such: as a PHA, city/county agency, etc.)
□ Contractor □ Subcontractor □ Other (please specify):
5. Who is this complaint being filed against?
Name of agency, organization, or company: Business Phone Street Address
City, State, Zip code
Previous Editions are Obsolete form HUD-958 (5/2016)
ATTACHMENT “I”
Name and identify others (if any) who allegedly violated Section 3 in this case:
Previous Editions are Obsolete form HUD-958
ATTACHMENT “I”
6. How did the HUD recipient, contractor, or subcontractor violate the requirements of Section 3? (Check all that apply – provide documentation, if available) HUD Recipient Contractor and/or Subcontractor
□ Failed to notify Section 3 businesses about contracting opportunities
□ Failed to incorporate the Section 3 Clause into covered Section 3 bid solicitations or contracts
□ Failed to provide priority consideration to Section 3 businesses for covered contracting opportunities
□ Failed to select Section 3 businesses in accordance with the order of priority consideration as set forth in 24 CFR 135.36 □ Failed to award contracts to Section 3 businesses
□ Failed to ensure that its contractors/ subcontractors complied with Section 3 requirements
□ Knowingly entered into contracts with contractors/
subcontractors that failed to comply with Section 3
requirements
□ Failed to notify Section 3 residents about training and/or employment opportunities
□ Failed to provide priority consideration to Section 3 residents for employment or training opportunities
□ Failed to select Section 3 residents for training or
employment opportunities in accordance with the order of priority consideration set forth in 24 CFR 135.34
□ Failed to hire Section 3 residents for new employment opportunities
□ Retaliated against the complainant because complainant sought to enforce Section 3 requirements or participated in an investigation or proceeding regarding Section 3
□ Other
□ Failed to certify that all employment vacancies filled prior to contract execution were not filled to circumvent Section 3 □ Failed to notify potential subcontractors about Section 3 requirements
□ Failed to post notices at the work site regarding Section 3 requirements in accordance with the Section 3 Clause
□ Failed to send to each labor organization or representative of workers a notice of Section 3 obligations in accordance with the Section 3 Clause
□ Failed to ensure that its subcontractors complied with Section 3
□ Failed to train and/or hire Section 3 residents for new employment opportunities
□ Failed to provide priority consideration to Section 3 residents for employment or training opportunities in accordance with 24 CFR Part 135.34
□ Failed to ensure that contracts awarded to subcontractors included the Section 3 Clause
□ Failed to award subcontracts to Section 3 businesses
□ Failed to award subcontracts to Section 3 businesses in accordance with the order of priority consideration set forth in 24 CFR 135.34
□ Retaliated against the complainant because complainant sought to enforce Section 3 requirements or participated in an investigation or proceeding regarding Section 3
□ Other
Previous Editions are Obsolete form HUD-958
ATTACHMENT “I”
9. Identify the type of HUD funding used by the HUD funding recipient, organization, or contractor that this complaint is filed against: (Check all that apply) □ PIH Operating Subsidy
□ PIH Capital Fund Subsidy
□ Choice Neighborhood
Initiative Grant
□ Other PIH Assistance
□ Community
Development Block
Grants (CDBG)
□ HOME Investment
Partnership Funding
□ Neighborhood
Stabilization Program
(NSP) Assistance
□ Other Community
Development Assistance
□ Lead-Based Paint
□ Section 811 Supportive
Housing for the Disabled
□ Project Based Housing
Vouchers
□ Other HUD Housing
Assistance
□ Other Covered HUD
Funding □ HOPE VI Grant □ McKinney Homeless
Assistance
□ Section 202Supportive
Housing for the Elderly
* The date of the last alleged violation or occurrence must be less than 180 days from the date of submission to HUD. / /
Month Day Year
7. When did the act(s) checked above occur? (Include the most recent date if several dates are involved):
Local Contracting Agency (LCA):
Project Location:
Project Name (if applicable): Project Number:
8. Project name or location where alleged violation occurred? (If applicable):
Previous Editions are Obsolete form HUD-958
ATTACHMENT “I”
10. Description of act(s) or incident(s) involving alleged violation of Section 3:
Summarize what happened? Attach additional information if necessary
11. Declaration Statement
I declare under penalty of perjury that I have read this complaint (including any attachments) and that all information is accurate and correct.
Signature Date
Previous Editions are Obsolete form HUD-958
ATTACHMENT “I”
Section 3 of the Housing and Urban Development Act of 1968 Public reporting burden for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB number.
The information is given voluntarily and provides the basis for HUD’s investigation of the complaint to determine if the allegations of noncompliance are valid. The Department will use the information provided as the basis for its determination of jurisdiction over a complainant’s allegations. All information collected complies with the Privacy Act of 1974 and OMB Circular A-108. The information is unique to the processing of complaints alleging noncompliance with the Section 3 statute or implementing regulations. The information collected on this form will only be used by HUD during the investigation and resolution of complaints and will not be shared with persons or parties that are not directly involved with the complaint.
What is Section 3 of the Housing and Urban Development Act of 1968? Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968 that helps foster local economic development, neighborhood economic improvement, and individual self-sufficiency. The Section 3 requirements ensure that when new jobs or contracts are created during the usage of certain HUD funds, priority consideration is given to low- and very low-income persons residing in the community in which the funds are spent (regardless of race or gender), and to the businesses that substantially employ these persons.
Who are Section 3 residents and businesses?
Section 3 residents are:
• Public housing residents; or
• Persons who live in the area where a HUD-assisted project is located and who have a household incomethat falls below HUD’s income limits for low- and very low-income.
Please visit: http://www.huduser.org/portal/datasets/il.html to determine the income limits for residents of your community.
A Section 3 business is one that meets one of the following criteria:
• Is 51 percent or more owned by Section 3 residents;
• Employs Section 3 residents for at least 30 percent of its full-time, permanent staff; or • Provides evidence of a commitment to subcontract to Section 3 business concerns, 25 percent or more of the dollar amount of the awarded contract.
What HUD funding does Section 3 cover?
Section 3 applies to any of the following:
A. Public and Indian Housing programs that receive: (1) Annual contributions for low income housing projects provided pursuant to section 5 of the U.S. Housing Act of 1937, as amended by the Quality Housing andWork Responsibility Act of 1998 (QWHRA); (2) Capital Fund Project assistance provided pursuant to Section 9 of QHWRA; (3) Operating Subsidy assistance provided pursuant to Section 9 of QHWRA.
B. Housing and community development assistance extended for: (1) housing rehabilitation (including reduction and abatement of lead based paint hazards); (2) housing construction or (3) other public construction projects; and for which the contract and subcontract exceeds $100,000; and C. Certain competitive HUD grant funding, such as: HOPE VI, Choice Neighborhoods, etc.).
Previous Editions are Obsolete form HUD-958
ATTACHMENT “I”
What can you do about violations of the Law?
Remember, Section 3 applies to the awarding of jobs, training programs, and contracts, generated from projects receiving HUD financial assistance. If you believe that, as a low-income person or a Section 3 business concern, the responsibilities to provide economic opportunities under Section 3 have been violated, you have a right to file a complaint within 180 days of the last alleged occurrences of noncompliance.
Complaints alleging violations of the Section 3 regulatory requirements must be submitted to the appropriate HUD Regional Office of Fair Housing and Equal Opportunity listed below. Please be certain to sign and date this form, where indicated, to ensure prompt complaint processing.
HUD will send the complaint to the appropriate HUD recipient for resolution. If resolution by the recipient fails, HUD will investigate. If HUD finds that the complaint has merit, it will try to end the violation by informal resolution. If conciliation fails, HUD may initiate other steps to enforce the law, including but not limited to suspension and debarment of the recipient or contractors as applicable.
You can obtain assistance in learning about more Section 3 by visiting www.hud.gov/section3 or by contacting one of the HUD’s Regional Offices of Fair Housing and Equal Opportunity.
Authority: Section 3 of the Housing and Urban Development Act of 1968, as amended by the Housing and Community Development Act of 1968, as amended by the Housing and Community Development Act of 1992, U.S.C. 1701u and implementing regulations at 24 CFR Part 135.
Purpose: The information requested on this form is to be used to investigate and process Section 3 complaints.
Use: The information requested will be used to process a complaint filed under Part 135. HUD may disclose certain information for Federal, State, and local agencies when relevant to civil, criminal, or regulatory investigations and prosecutions. It will not be otherwise disclosed or released outside of HUD, except as required and permitted by law.
Penalty: Failure to provide some or all of the requested information will result in delayed processing or rejection of this complaint for investigation.
Privacy Act of 1974 (P.L.93-579)
All information collected is provided voluntarily and complies with the Privacy Act of 1974 and OMB Circular A-108. The information is unique to the processing of complaints alleging noncompliance with the Section 3 statute or implementing regulations. The information collected on this form will only be used byHUD during the investigation and resolution of complaints and will not be shared with persons or parties that are not directly involved with the complaint.
Previous Editions are Obsolete form HUD-958
ATTACHMENT “I”
Instructions for completing the Section 3 Complaint Register Box 1: Enter the requested information for the person that is filing the complaint (i.e., the complainant). This person must meet the definition of a Section 3 resident orbusiness.
Box 2: Select the appropriate statement that describes your status as a Section 3 resident, businesses, or representative of either.
Box 3: Select the appropriate basis for the complaint which you are filing.
Box 4: Select the appropriate option that best describes the person or entity that you are filing this complaint against.
Box 5: Provide the name, address, and contact information for the person or entity that you are filing this complaint against.
Box 6: Select the statement(s) that best describe the alleged actions or omissions undertaken by the person or entity that you are filing this complaint against that are in violation of the requirements of Section 3. If you select “other”, please briefly describe the alleged violation on the appropriate line.
Box 7: Provide the date that the alleged violation or action occurred. If the alleged act or violation is continuing in nature, please provide the date of the most recent occurrence.
Box 8: If this complaint is based upon acts or omissions that occurred at a specific job site, project, or location, please provide information that will allow HUD to identify the specific project that is the subject of the complaint that you are filing.
Box 9: Select the appropriate type of covered HUD funding that the recipient, organization, contractor/ subcontractor received or administered.
NOTE: In order for the complaint to be jurisdictional, covered HUD funding must be administered by the recipient, organization, contractor/subcontractor.
Box 10: Provide a detailed description of the acts or omissions undertaken by the person or entity that you filing this complaint against. Provide enough specific information to enable HUD to clearly understand the alleged violation and whether it demonstrates noncompliance with the requirements of Section 3.
Box 11: Please sign the complaint and enter the current date.
NOTE: By signing and dating this complaint you are affirming that your statements and allegations are true and accurate by penalty of perjury. Complaints must be signed and dated prior to acceptance by HUD for investigation.
Previous Editions are Obsolete form HUD-958
ATTACHMENT “I”
Where to file your complaint:
Please fax or mail your complaint to the appropriate HUD Regional Office of Fair Housing and Equal Opportunity that has jurisdiction over the state for which you are located or where the alleged violation occurred. Inquiries regarding the status of your complaint should be directed to the appropriate Regional office of FHEO by telephone or email.
BOSTON REGIONAL OFFICE FORT WORTH REGIONAL OFFICE
U.S. Department of Housing and Urban Development U.S. Department of Housing and Urban Development New England Office Southwest Office
10 Causeway Street, Suite 308 801 Cherry St., Unit 45, Suite 2500 Boston, MA 02222 Fort Worth, TX 76102
(617) 994-8300 (817) 978-5900
(800) 827-5005 (888)560-8913
Fax617) 565-7313 Fax817) 978-5876
Email: [email protected] Email: [email protected] *Covers the following states: Connecticut, Maine, *Covers the following states: Arkansas, Louisiana, Massachusetts, New Hampshire, Rhode Island, and
Vermont
New Mexico, Oklahoma, and Texas
NEW YORK REGIONAL OFFICE KANSAS CITY REGIONAL OFFICE
U.S. Department of Housing and Urban Development U.S. Department of Housing and Urban Development New York and New Jersey Office Great Plains Office
26 Federal Plaza 400 State Avenue
New York, NY 10278 Kansas City, KS 66101
(212) 264-1290 (913) 551-6958
(800) 496-4294 (800) 743-5323
Fax: (212) 264-9829 Fax: (913) 551-6856
Email: [email protected] Email: [email protected] *Covers the following states: New Jersey and New York *Covers the following states: Iowa, Kansas, Missouri, and Nebraska
PHILADELPHIA REGIONAL OFFICE DENVER REGIONAL OFFICE
U.S. Department of Housing and Urban Development U.S. Department of Housing and Urban Development Mid-Atlantic Office Rocky Mountain Office
100 Penn Square East, 1670 Broadway
12th Floor Denver, CO 80202
Philadelphia, PA 19107 (303) 672-5437
(215) 861-7646 (800) 877-7353
(888) 799-2085 Fax: (303) 672-5026
Fax: (215) 656-3449 Email: [email protected] Email: [email protected]
*Covers the following states: Colorado, Montana,
*Covers the following states: Delaware, District of North Dakota, South Dakota, Utah, and Wyoming Columbia, Maryland, Pennsylvania, Virginia, and West
Virginia
Previous Editions are Obsolete form HUD-958
ATLANTA REGIONAL OFFICE SAN FRANCISCO REGIONAL OFFICE
U.S. Department of Housing and Urban Development U.S. Department of Housing and Urban Development Southeast Office Pacific/Hawaii Office
40 Marietta Street 600 Harrison Street
Atlanta, GA 30303 Third Floor
(404) 331-5140 San Francisco, CA 94107
(800) 440-8091 (415) 489-6536
Fax: (404) 331-1021 (800) 347-3739
Email: [email protected] Fax: (415) 489-6560 Email: [email protected]
*Covers the following states: Alabama, Puerto Rico, *Covers the following states: Arizona, California, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, and the Virgin Islands
Guam, Hawaii, and Nevada
CHICAGO REGIONAL OFFICE SEATTLE REGIONAL OFFICE
U.S. Department of Housing and Urban Development U.S. Department of Housing and Urban Development Midwest Office Northwest/Alaska Office
77 W. Jackson Boulevard, Suite 2101 909 First Avenue
Chicago, IL 60604 Seattle, WA 98104
(312) 353-7776 (206) 220-5170
(800) 765-9372 (800)877-0246
Fax: (312) 886-2837 Fax: (206) 220-5447
Email: [email protected] Email: [email protected] *Covers the following states: Alaska, Idaho, Oregon,
*Covers the following states: Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin
and Washington
Previous Editions are Obsolete form HUD-958
Map of Low- and Moderate-Income Areas
Previous Editions are Obsolete form HUD-958
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, 2
nd Floor
Bakersfield, CA 93301-5201
BID NAME: #25-26-19 HUD ALTA VISTA
LIST ALL ADDENDA RECEIVED:
Addenda No’s.: _________________________
(or)
None Received: _________________________
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2026 AGENDA CATEGORY: Successor Agency TO: Honorable Mayor and City Council
FROM: Randy McKeegan, Finance Director
DATE: January 28, 2026
SUBJECT: Receive and file Successor Agency payments from January 7, 2026, to January 27, 2026, totaling $127,589.50.
[Document Description]
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
The City administers payment of Successor Agency enforceable obligation payments as authorized by the State Department of Finance (DOF) to further the dissolution of the former Bakersfield Redevelopment Agency. The Successor Agency has a Recognized Obligation Payment Schedule (ROPS) approved by both the Bakersfield Oversight Board and the DOF. All payments of the Successor Agency must be on this approved listing in order to be valid and authorized payments of the Successor Agency.
A check register is provided which summarizes the transactions processed during the above referenced period. Additional details are provided below for each transaction.
Check #9998531 to U S BANK CR:US BANK TRUST NA for $81,251.25 for Debt service payments for Ibank.
Check #9998527 to U S BANK TRUST for $25,687.50 for Debt service payments for Tax Allocation Bonds 2009A.
Check #9998525 to THE BANK OF NEW YORK MELLON for $20,650.75 for Debt service payments for HUD loans.
FISCAL IMPACT:
$127,589.50
COUNCIL GOAL:
Innovative and Efficient City Government
ATTACHMENTS:
Oracle SA Admin Check Register 2.11.26
1/28/2026 AP - CHECK REGISTER - SUCCESSOR AGENCY
FROM
01/07/26-1/27/26
PAGE 1
Payment
Number Fund Vendor Name Check Date Check Total
9998525 2710 THE BANK OF NEW YORK MELLON 1/15/2026 $ 20,650.75 9998527 2810 U S BANK TRUST 1/15/2026 $ 25,687.50
9998531 2810 U S BANK CR:US BANK TRUST NA 1/22/2026 $ 81,251.25 0 $127,589.50
E-Payables
Number
Vendor
Number Vendor Name E-Payable Date
E-Payables
Amount
0.00 0 $0.00
0 $127,589.50
Disbursement Total
S:\Accounting\LACEY\ADMIN-COUNCIL\2026\COUNCIL - SA\2.11.26\
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2026 AGENDA CATEGORY: Consent - PSVS TO: Honorable Mayor and City Council
FROM: Greg Terry, Chief of Police
DATE: January 22, 2026
SUBJECT: Amendment 3 to Agreement No. 18-008 with Data Ticket, Inc. (to incorporate additional Security and Permissible Use Provisions) for Parking Citation Processing for the Bakersfield Police Department.
RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND: On January 10, 2018, the city entered into Agreement No. 18-008 with Data Ticket, Inc. for the electronic processing of parking fines, including bail and forfeitures related to citations for illegal parking under California law. The agreement includes various services, such as:
Online access to California DMV records and nationwide out-of-state DMV information. Holds and releases for parking citations.
Daily and delinquent collections.
Adjudication scheduling and services.
Integration with the Franchise Tax Board for collections through the Interagency Intercept Program.
Third-party collection services
On November 7, 2018, the agreement was amended to ensure compliance with Assembly Bill AB 503, which modified California Vehicle Code 40220. This amendment required the city to provide payment plan options for individuals with unpaid parking citations who could demonstrate proof of indigency.
On March 12, 2025, Agreement No. 18-008 was amended for a second time to incorporate Security and Permissible Use Provisions to ensure compliance with the Department of Motor Vehicles' security requirements. The parties now desire to enter into amendment 3 to Agreement No. 18-008 to incorporate additional Security and Permissible Use Provisions. The amendment does not change the scope of work, cost, or term of the existing agreement but ensures the City remains in compliance with state-mandated security requirements.
FISCAL IMPACT:
Funding for this agreement is within the Police Departments Fiscal Year 2025-26 budget.
COUNCIL GOAL:
Community Character & Quality of Life
ATTACHMENTS:
1. Signed Agreement
2. Exhibit D
AMENDMENT (3) TO AGREEMENT NO. 18-008
DATA TICKET
-- Page 1 of 2 Pages --
AGREEMENT NO. 18-008 (3)
AMENDMENT NO. (3) TO
AGREEMENT NO. 18-008
This AMENDMENT NO. (3) TO AGREEMENT NO. 18-008 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as “CITY”), and DATA TICKET, INC. a corporation; authorized to do business in California (referred to herein as “VENDOR”).
R E C I T A L S
WHEREAS, CITY and VENDOR entered into Agreement No. 18-008 on January 10, 2018, for the electronic processing of parking fines, including bail and forfeitures, related to citations for illegal parking under California law. The agreement also includes online access to California DMV records, nationwide access to out-of-state DMV information, holds and releases, daily and delinquent collections, adjudication scheduling and services, integration with the Franchise Tax Board for collections through the Interagency Intercept Program, and third-party collection services; and
WHEREAS, on November 7, 2018, CITY and VENDOR amended Agreement No. 18-008 to incorporate the requirements of Assembly Bill AB 503 and the resulting changes to California Vehicle Code 40220, ensuring compliance with mandated payment plan options for individuals with unpaid parking citations who provide proof of indigency; and
WHEREAS, on March 12, 2025, CITY and VENDOR amended Agreement No. 18-008 for a second time to incorporate Security and Permissible Use Provisions to ensure compliance with the Department of Motor Vehicles' security requirements; and
WHEREAS, CITY and VENDOR now wish to amend Agreement No. 18-008 for a third time to update the applicable Security and Permissible Use Provisions, as identified in Article IX section 14.1 and 14.2 outlined in the updated “Exhibit D” attached hereto and incorporated herein by reference.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and VENDOR mutually agree as follows:
Docusign Envelope ID: 3918F5A9-772A-4929-9BA2-802685D7BEEA AMENDMENT (3) TO AGREEMENT NO. 18-008
DATA TICKET
-- Page 2 of 2 Pages --
Exhibit D attached and incorporated to Section 14 of Agreement No. 18-008(2) is hereby replaced in its entirety to read as set forth in new Exhibit D attached hereto and incorporated herein by reference.
2. Except as amended herein, all provisions of Agreement No. 18-008 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. (3) to Agreement No. 18-008 to be executed the day and year first above written.
“CITY” “CONTRACTOR”
CITY OF BAKERSFIELD DATA TICKET, INC.
By:____________________________ By:_________________________________
KAREN GOH BROOK WESTCOTT
Mayor President
APPROVED AS TO CONTENT:
BAKERSFIELD POLICE DEPARTMENT
By:____________________________
GREG TERRY
Chief of Police
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:____________________________
ASHLEY ZAMBRANO
Deputy City Attorney II
COUNTERSIGNED:
By:____________________________
RANDY MCKEEGAN
Finance Director
Attachments: Exhibit D
Docusign Envelope ID: 3918F5A9-772A-4929-9BA2-802685D7BEEA Contract Addendum for Security and Permissible Use:
ARTICLE IX – SECURITY AND PERMISSIBLE USE PROVISIONS
14.1 Security Provisions: CITY agrees to follow all defined security requirements including but not limited to:
A) All CITY employees who are provided access to services provided by CONTRACTOR must complete a background check and must complete annual security awareness trainings.
B) All CITY employees must sign security agreement documents subject to the source state or government agency where the vehicle registered owner information is being obtained.
C) CITY must inform CONTRACTOR within 24 hours of a CITY employee with access to CONTRACTOR services leaving their role.
D) CITY must inform CONTRACTOR of any breach of information within 24 hours, so the appropriate government agencies can be notified of the breach.
E) CITY understands and agrees that security requirements may change and be updated to reflect the most current security requirements of the government agencies CONTRACTOR works with to obtain registered vehicle information.
F) CITY understands that evidence of the security requirements may be requested to comply with CONTRACTOR audit requirements of the governmental agencies CONTRACTOR works with.
G) CITY understands and agrees that access to confidential registered owner information may be immediately restricted or terminated if any of the mandatory provisions above are found to be violated or abused. The subrecipient’s (CITY) access to data is based on the recipient’s (CONTRACTOR) access, and any suspension of access prohibits use of the data by both parties.
14.2 Permissible Use Provisions: CITY agrees to follow all defined permissible use requirements including but not limited to:
A) All CITY employees who are provided access to services provided by CONTRACTOR must receive annual training on permissible use of state agency information.
B) All CITY employees must sign permissible use agreement documents subject to the source state or government agency where the vehicle registered owner information is being obtained.
C) All CITY employees will be instructed of the confidentiality of information obtained from a government agency and the proper use of that information based on job responsibility, which must not involve immigration purposes.
D) CITY must inform CONTRACTOR within 24 hours if data has been misused in such a manner that might constitute data misuse or a data breach.
E) CITY must inform CONTRACTOR of any breach of information within 24 hours, so the appropriate government agencies can be notified of the breach.
F) CITY understands and agrees that permissible use requirements may change and be updated to reflect the most current permissible use requirements of the government agencies CONTRACTOR works with to obtain vehicle registered information. Data can be used for no other purpose unless otherwise required by law.
G) CITY understands that evidence of the permissible use requirements may be requested to comply with CONTRACTOR audit requirements of the governmental agencies CONTRACTOR works with.
H) CITY understands that tracking of activity will occur for annual reviews to be conducted by CONTRACTOR to ensure the confidentiality and privacy required for government agency provided information.
I) CITY understands and agrees that access to confidential registered owner information may be immediately restricted or terminated if any of the mandatory provisions above are found to be violated or abused.
J) CITY understands that all information obtained through government agencies is considered subject to the Drivers Privacy Act (DPPA) and agrees that no disclosures of information will be made that would constitute a violation of this act.
AGREEMENT TO ADDENDUM – SIGN BELOW:
Agency Name: __________________________________________ Signature:
Name of Signee:
Title:
Date:
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2026 AGENDA CATEGORY: CONSENT - Miscellaneous TO: Honorable Mayor and City Council
FROM: Kristina Budak, Water Director
DATE: January 27, 2026
SUBJECT: Authorization to issue Proposition 218 notices for Sewer User Rates for Fiscal Year 2026- 2027 through Fiscal Year 2030-2031
[Document Description]
RECOMMENDATION:
Staff recommends granting authorization to mail notices.
BACKGROUND:
The Water Department – Wastewater Division provides services for the collection and treatment of the City’s wastewater. The Sewer Enterprise is self-sustaining, supported primarily by user fees that provide for the daily operations of the sewer and stormwater collection systems and the two wastewater treatment plants. The single-family residential fee is collected via the homeowner’s property tax bill.
Commercial and industrial customers pay a flat rate on their property tax bill and are subject to sewer surcharge fees based on their wastewater strength classification and water consumption.
In 2025 the Water Department (Water) partnered with HF&H Consultants (HF&H) to conduct a revenue rate study to assess the revenue requirements needed to cover costs of operating and maintaining the existing systems and infrastructure. Water prepared 15-year infrastructure and financial plans, identifying capital improvement projects, operation and maintenance, and staffing requirements needed to maintain a proper level of service in the coming years. Using the 15-year plans, HF&H completed a full cost of service analysis and provided recommendations for rates beginning FY 2026-27.
Results of the rate analysis were presented to City Council on October 22, 2025. Since then, City staff has received direction regarding acceptable rate options, engaged in multiple public outreach events, and has taken into consideration feedback from community stakeholders.
Based on the above, City staff is recommending a five-year rate increase from FY 2026-27 through FY 2030-31 as shown below:
Fiscal Year Proposed Rate
2026-27 $475
2027-28 $575
2028-29 $675
2029-30 $775
2030-31 $875
Annual sewer fees are viewed as property-related fees for utility service and are subject to Proposition 218. This requires that fees adopted by City for services rendered do not exceed the reasonable estimated cost for providing the services. Staff has determined that the proposed rates do not exceed the cost of services. Proposition 218 also requires a public hearing in which the public may support or protest the rate increase.
Proposition 218 process entails a protest -ballot whereby property owners are notified of a proposed fee or fee increase and have a 45-day period to issue a protest against the fee increase, either in writing or at a public hearing. Notices would be mailed out in February. The public hearing to consider the proposed update is scheduled for the April 22nd, 2026, City Council meeting. City Council is not voting tonight to approve the proposed Sewer User Rate increase.
Tonight' s Council action authorizes staff to mail out Proposition 218 to sewer customers notifying them of the proposed Sewer User Rates from FY 2026-27 through FY 2030-31.
FISCAL IMPACT:
Sufficient funds are budgeted to fund the costs associated with mailing out the notices; therefore, there is no impact to the General Fund.
COUNCIL GOAL:
Reliable Infrastructure
ATTACHMENTS:
1. Proposed Rates
2. Presentation
Strength Classification Current FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 Single Family Residence $247.13 $475.00 $575.00 $675.00 $775.00 $875.00 Multiple Dwelling $185.35 $356.25 $431.25 $506.25 $581.25 $656.25 Commercial Low Strength $247.13 $475.00 $575.00 $675.00 $775.00 $875.00 Commercial Medium Strength $247.13 $475.00 $575.00 $675.00 $775.00 $875.00 Commercial Medium-High Strength $247.13 $475.00 $575.00 $675.00 $775.00 $875.00 Commercial High Strength $247.13 $475.00 $575.00 $675.00 $775.00 $875.00 Strength Classification Current FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 Commercial Low Strength $1.89 $3.46 $4.19 $4.92 $5.64 $6.37 Commercial Medium Strength $2.08 $3.79 $4.59 $5.39 $6.19 $6.99 Commercial Medium-High Strength $2.68 $4.89 $5.92 $6.94 $7.97 $9.00 Commercial High Strength $3.46 $6.33 $7.67 $9.00 $10.33 $11.67 Parameter Current FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 Flow / Million Gallons $2,150.81 $3,928.21 $4,755.20 $5,582.19 $6,409.18 $7,236.18 Biochemical Oxygen Demand (BOD) /
1,000 pounds $169.94 $310.37 $375.71 $441.05 $506.39 $571.73 Total Suspended Solids (TSS) / 1,000
pounds $102.25 $186.77 $226.09 $265.41 $304.74 $344.06
Proposed Increases to Sewer Rates for Fiscal Years 2026-27 through 2030-31 Flat Rate - Collected on Property Tax Bill
Sewer Surcharge per Hundred Cubic Foot of Water Consumed Permitted Industrial User Sewer Fee
* All rates are tentative until approved by City Council. Any changes to the proposed flat-rate collected on property tax roll will have a direct impact to sewer surcharge rates and industrial user sewer fees.