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HomeMy WebLinkAbout02/03/1997 BAKERSFIELD Randy Rowles, Chair Irma Carson Kevin McDermott Staff: Dolores Teubner AGENDA BUDGET AND FINANCE COMMITTEE Monday, February 3, 1997 12:15 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF JANUARY 13, 1997 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. CITY ASSUMPTION OF RESPONSIBILITY FOR ENVIRONMENTAL HEALTH SERVICES INCLUDING LEA (LOCAL ENFORCEMENT AGENCY) - Hardisty B. AMENDMENT TO BIDDING REQUIREMENTS C. BID PROTEST ORDINANCE D. NONRESPONSlBLE BIDDERS ORDINANCE 6. NEW BUSINESS None 7. ADJOURNMENT FILE COPY DRAFT BAKERSFIELD ///~ Randy Rowles, Chair Al,~a/¢ar~dy, Cib~lan~ Irma Carson Staff: Dolores Teubner Kevin McDermott AGENDA SUMMARY REPORT BUDGET AND FINANCE COMMITTEE Monday, January 13, 1997 12:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order at 12:30 p.m. Present: Councilmembers: Randy Rowles, Chair; Irma Carson; and Kevin McDermott 2. APPROVAL OF THE DECEMBER 9, 1996 MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. ALTERNATIVE FUNDING SOURCES FOR THE PLAZA PROJECT The Chamber of Commerce has voted to accept the City's offer to relocate to a new facility. The approval was conditioned on using no CDBG funds for the relocation. DRAFT AGENDA SUMMARY REPORT BUDGET AND FINANCE COMMITTEE Monday, January 13~ 1997 _. Page -2- Alternative funding for the project will come from Council Contingency, available cash and from possible property sales. Staff will identify General Fund projects approved in the FY 96-97 Budget that could qualify for CDBG, thereby making some additional General Fund monies available for the Chamber relocation. Staff indicated that all projects proposed to be funded with CDBG fully met all federal guidelines. B. PROPOSED 1997 MEETING SCHEDULE The schedule of meetings was approved as amended. The final 1997 schedule is attached. 6. NEW BUSINESS A. REQUEST FOR TAX-EXEMPT FINANCING The Finance Director distributed a summary of the City's participation in tax- exempt financing projects since 1980. The request from National Healthplex, Inc. for assistance in purchasing the Camlu Retirement Apartments is consistent with past projects. Staff clarified to the Committee that this financing mechanism involves the City as the project sponsor, but does not financially obligate the City in any way. Any qualified non-profit organization is eligible to request tax- exempt financing from the City. A representative of National Healthplex, Inc. assured the Committee that the project would be managed locally even though they are a national company. The Committee voted unanimously to recommend Council approval of the project. B. SUMMARY OF ARENA FINANCING The Finance Director provided a flow chart of how the proposed CDDA financing would work for the Convention Center arena project. The City will lease the property to the CDDA for a nominal fee and will enter into an agreement with the CDDA to act as their agent on the project. The CDDA will receive the proceeds of the Certificates of Participation and use it to make the improvements to the Convention Center. The City will then purchase back the property from the CDDA through an installment agreement using revenue generated from the facility, which the CDDA will in turn use to make payments to the COP holders. It is estimated that the bond issue for the arena will be $25 to $29 million in addition to $12 million in existing CDDA debt that will be refinanced at a lower interest rate, but with the same payback period. The trustee for the issue will be a bank and the issue will be AGENDA SUMMARY REPORT BUDGET AND FINANCE COMMITTEE Monday, January 13. 1997 Page -3- rated by both Moody's and Standard and Poor and will be insured. The complete financing package will go before the Council on or before March 12, 1997. 7. ADJOURNMENT The meeting was adjourned at 1:30 p.m. cc: Honorable Mayor and City Council DBT:ip M E M 0 R A N D U M January 30, 1997 TO: ALAN TANDY, City Manager ........~ ~ FROM: JACK HARDISTY, Development Services D,~J ~ ---~/ __ SUBJECT: Proposed Bakersfield Environmental Health S/e'rvices Division The following is an outline of points which I would propose for discussion at the Budget and Finance Committee next Monday. We have a stack of notes well over a foot deep which concludes that if the city wants to it can assume the Environmental Health Services programs from the County. We would have to be willing to endure about 1-1/2 years of transitional stress and about $210,000 cost and an ongoing unreimbursed general fund burden of $80,000 per year. If the committee wishes to proceed now we would need to obtain City Council approval on February 19, 1997 to make the State mandated deadline of March 1, 1997. If the Committee would rather defer this matter for a couple of years I will continue to work with the county in an effort to improve service and let stand my budget request for enhancement of the code enforcement team to better deal with the growing problems. PROPOSAL: Establish a Bakersfield Environmental Health Services Division and assume responsibility for food, housing, solid waste and water programs within the city from Kern County Environmental Health Services. WHY: 1. Focused and appropriate attention to urban problems within the city. 2. Unified and coordinated administration of overlapping and related programs currently in place within the city. 3. Efficient and cost-effective delivery of service. 4. Expansion of city's role in self governance. January 30, 1997 Memo - Alan Tandy Page 2 STAFF: Director, Clerk, 4 Registered EnvironmentalHealthSpecialists. ANNUAL COST AND REVENUE: Prorated by percent of County Permit inventory: Cost: $742,270 Revenue: ~ $129,850 Estimated by City Cost Factors: Cost: $473,600 Revenue: $394.100 $ 79,100 TRANSITION: July 1, 1997 Assume housing, solid waste (LEA) and housing programs July 1, 1998 Assume Food Program B_udg~.t Cost Bevenu~ DJf:[erence 1996/97 $ 48,486 0 -$ 48,496 1997/98 $345,000 $185,700 - 159,300 1998/99 473,600 488,200 + 14,600 SIGNIFICANT STEPS: 1. City Council Approval - February 19, 1997. 2. Notice to Kern County by March 1, 1997 3. County Agreement to phasing. 4. Memorandum of Understanding with Health Officer. 5. State approval. OPTIONS: 1. Approve Bakersfield Environmental Health Services now. 2. Defer approval to better assess fallout of Proposition 218 and conclusion of Panorama Burn Dump issues. JH/Id MBEHS BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM TO: BUDGET AND FINANCE COMMITT, I~~ JANUARY 23, 1997 FROM: ALAN TANDY, CITY MANAGER SUBJECT: BID PROCESS AGENDA ITEMS In December and January the Budget and Finance Committee reviewed and took action on three items regarding the methods in which the City handles bid protests, the bidding procedures for routine and/or emergency repairs and non-responsible bidders. The Committee gave specific directions to staff on each of the items with regard to how they wished to proceed. The City Attorney's office now offers options to change the Committee's versions based upon a meeting with Steve Martin of the Kern County Contractors Association. The City Attorney's office has summarized their activities on these items in the attached memos. Staff from the City Manager's office, Public Works and Finance have reviewed them and find no compelling reasons for recommending any changes to the Committee's original direction on these items. Following is a summary of the Committee's action and direction on each item taken from the minutes of the December and January meetings and staff's recommendation on how to proceed on each. Amendment to Bidding Requirements · The proposed amendment intended to codify current staff practice which allows in house staff to perform repair/maintenance work as budgeted and approved by Council, without going out to bid, due to the emergency nature of the repair or because the work is considered routine maintenance. · The proposed amendment also increased the threshold for bidding a job from $20,000 to $25,000 since the limit had not been adjusted in several years. After discussion the Committee was satisfied with the proposed amendment and added that the threshold should be adjusted annually during the budget process to avoid the problem of going several years without an increase. -";' DOLORES\C ITYA'FF MEM Mr. Steve Martin of the Kern County Contractors Association, was not clear on the intent of the ordinance and expressed concern that the change would negatively affect contractors. The Public Works Director assured both Mr. Martin and the Committee that the proposed amendment was simply incorporating into the ordinance what staff already does during emergency situations or in the case of routine maintenance to streets and other City facilities. The Committee directed Public Works and the City Attorney to meet with Mr. Martin to further explain the intent of the ordinance to allay his concerns. They further directed staff, that unless substantial changes were made, to schedule the item as presented to the Committee for Council adoption. The City Attorney met with Mr. Martin and includes in her memo a summary of the recommendations made by Mr. Martin at that meeting. The Public Works Director indicates that these suggestions would be much more restrictive than the current process and therefore would significantly impede the ability of his staff to effectively address emergency situations and routine maintenance. Staff recommends retaining the original proposal, as presented and unanimously recommended by the Committee, and scheduling it for Council adoption as recommended by the Committee. We further remind the Committee that staff has been happy with things as they have historically been in this area. The initiation of any ordinance change did not come from the City Manager's office or the impacted departments. Bid Protest Ordinance · The proposed amendment codifies the method by which the City currently handles bid protests in which the protesting party has until 4:00 p.m. on the day the item will be heard by Council to file a written protest of the bid award. The Committee directed Public Works and Finance staff to include this protest procedure in the bid specifications to insure that the bidders know the procedure. The proposed ordinance amendment was unanimously recommended to the Council for approval at the next meeting. Staff recommends retaining the ordinance amendment as recommended by the Committee and scheduling it for Council adoption. Criteria for Establishing Non-Responsible Bidders · The proposal to the Committee was a detailed ordinance which specified the criteria for determining if a bidder was non-responsible and provided a procedure for establishing a list of such contractors which were declared non- responsible based on the criteria. The Committee expressed concern with the version presented by the City Attorney and directed the City Attorney, Public Works Department and Finance Department to develop a prequalification process for bidders as an alternative. Mr. Martin of the Kern County Contractors Association expressed support for this idea. The Committee ~ ,I.)OL O R g S',C ITYA'Iq'M E M invited him to give his input to staff as they developed a proposed process which was to come back to the Committee for review. The City Attorney has met with Mr. Martin, and her memo providing the Committee with their options on this issue is attached. Since the Committee already provided direction to staff to develop a prequalification process, staff recommends following that direction and bring back to the Committee a pre-qualification process developed with input from Public Works and Finance. If the Committee requires any additional information regarding these items, staff is available for questions. cc: Gall Waiters, Assistant City Manager Judy Skousen, City Attorney Raul Rojas, Public Works Director Gregory Klimko, Finance Director · ~ DOL( .~RES',CITYA'IT MEMORANDUM January 22, 1997 TO: BUDGET AND FINANCE COMMITTEE Councilmembers RANDY ROWLES, Chair IRMA CARSON KEVlN McDERMOTT FROM: JUDY SKOUSEN, CITY ATTORNEY '~ ~ RE: BIDDING REQUIREMENTS At the direction of the Committee, I met with Steve Martin of the Kern County Contractors Association to hear his comments on the proposed ordinance. He made the following comments. He believes the City would save money and better serve the community by privatizing as many contracts as possible. He suggested the City require all projects for repair or maintenance over $25,000 to be bid. He suggested that contracts for repair and maintenance of many more city facilities be issued on an annual or longer basis similar to contracts for curb and sidewalk repairs. Mr. Martin further suggested that Sections D 2 and D3 be combined to require that before the City can do any projects over $25,000, whether repairs, maintenance or new construction, the City put the project out to bid, compare the bids received with the City's cost estimate and make a determination whether the project can be accomplished less expensively with City crews or by a private contractor. In comparing the bids with the City's cost, he believes the City should include the expense of City equipment. Municipal Code Section 3.20.060 D 4 currently requires a City Council resolution adopted by at least five affirmative votes to declare an emergency thus dispensing with the requirement to put a project out to bid. Mr. Martin suggested this section be amended to allow the City Manager to declare an emergency by making the finding that work, supplies, equipment or materials are of urgent necessity for the preservation of life, health or property. This would allow the City Manager to make a quick decision and use City crews to do urgent repairs such as sewer line breaks, etc. This is basically how it is handled now, since these types of problems cannot wait for a Council meeting, so the City Manager makes a decision and hopes that the City Council will later ratify his "on the spot" decision by making the legally necessary declaration. THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED BY THE ATTORNEY-CLIENT AND ATTORNEY WORK-PRODUCT PRIVILEGES. S: ' COL .'N'CIL'.ORD~BID KEQ4. ~ fFM JUDY K. SKOUSEN, CITY ATTORNEY BUDGET AND FINANCE COMMITTEE Page 2 Janua~ 22,1997 Staff's proposal allows City crews to do all improvements, repairs and maintenance funded by the City Council in the annual budget without going out to bid, and requires projects for new construction that exceed $25,000 to be put out to bid. Attached for your review are copies of the relevant charter section, the current code, staff's proposal and a computer generated comparison of the current code and staff's proposal. JKS/ff THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED BY THE ATTORaNEY-CLIENT AND ATTORNEY WORK-PRODUCT PRIVILEGES. S:' C O L .-N'CIt.',ORD~B [DRE 04. PROPOSED AMENDMENT TO BAKERSFIELD MUNICIPAL CODE D. BIDDING EXCEPTIONS. Bidding may be dispensed with pursuant to the procedures prescribed in this section and Section 136 of the city charter. 1. Projects for the erection and/or construction of all public buildings' and works, and for fumishing any supplies and materials for the same, or for any other use by the City, the cost of which is less than twenty five thousand dollars ($25,000) and projects for the improvement, repair or maintenance of all public buildings and works, and for furnishing any supplies and materials for the same if provided for in the Council adopted budget, may be performed by a city department or may be obtained in the open market pursuant to Section 3.20.100 of this title as determined by the City Manager to best serve the needs of the city. 2. When the city council, by resolution, determines that work, supplies, equipment or materials can only be reasonably obtained from one vendor because of restricted availability of such work, supplies, equipment or materials, or because of the necessity to successfully integrate such work, supplies, equipment or materials into an existing city project or system. 3. When the city council, after rejecting bids, or if no bids are received, by a resolution adopted by at least four affirmative votes declares that, in its opinion, based on estimates supplied by the city manager, the work in question may be performed better or more economically by city employees or the supplies, equipment or materials may be purchased more economically on the open market. 4. When the city council, by a resolution adopted by at least five affirmative votes containing a declaration of facts, deems work, supplies, equipment or materials to be of urgent necessity for the preservation of life, health or property. S:~COUNCIL\ORD~BIDREQ.PRO CURRENT BAKERSFIELD MUNICIPAL CODE D. Bidding Exception. Bidding may be dispensed with pursuant to the procedures prescribed in this section and Section 136 of the city charter. 1. The city council, by resolution, determines that work, supplies, equipment or materials can only be reasonably obtained from one vendor because of restricted availability of such work, supplies, equipment or materials, or because of the necessity to successfully integrate such work, supplies, equipment or materials into an existing city project or system. 2. The city council determines that projects for the resurfacing, maintenance or repair of streets, drains or sewers can be performed more economically by a city department than by contracting for such work. 3. The city council, after rejecting bids, or if no bids are received, by a resolution adopted by at least four affirmative votes declares that, in its opinion, based on estimates supplied by the city manager, the work in question may be performed better or more economically by city employees or the supplies, equipment or materials may be purchased more economically on the open market. 4. The city council, by a resolution adopted by at least five affirmative votes containing a declaration of facts, deems work, supplies, equipment or materials to be of urgent necessity for the preservation of life, health or property. S:\COUNCIL\ORD\BIDREQ.CUR CURRENT BAKERSFIELD MUNICIPAL CODE COMPARED TO PROPOSED AMENDMENT D. Diddlncj Fxcspti~nBIDDING EXCEPTIONS. Bidding may be dispensed with pursuant to the procedures prescribed in this section and Section 136 of the city charter. -t-2. :Fhe~e~ the city council, by resolution, determines that work, supplies, equipment or materials can only be reasonably obtained from one vendor because of restricted availability of such work, supplies, equipment or materials, or because of the necessity to successfully integrate such work, supplies, equipment or materials into an existing city project or system. 3. :r-he~ the city council, after rejecting bids, or if no bids are received, by a resolution adopted by at least four affirmative votes declares that, in its opinion, based on estimates supplied by the city manager, the work in question may be performed better or more economically by city employees or the supplies, equipment or materials may be purchased more economically on the open market. 4. :Fhe~ ~ city council, by a resolution adopted by at least five affirmative votes containing a declaration of facts, deems work, supplies, equipment or materials to be of urgent necessity for the preservation of life, health or property. S:~COUNCIL~ORD~BIDREQ.COM MEMORANDUM January 22, 1997 TO: BUDGET AND FINANCE COMMITTEE Councilmembers RANDY ROWLES, Chair IRMA CARSON KEVlN McDERMOTT FROM:. JUDY SKOUSEN, CITY ATTORNEY '~ SUBJECT: AMENDMENTS TO CHAPTER 3.20. REGARDING BID PROTESTS The attached proposed amendment contains the changes suggested by this Committee: Protests are required to be in writing and must be received by the City on or before 4:00 p.m. on the day of the Council meeting to award the project. After Mr. Steve Martin, Kern County Contractors Association, reviewed the proposed ordinance, he indicated that he thought it was a good idea for the City to formally adopt a method for handling bid protests and liked the ordinance as proposed. He did suggest, however, that bid protests might be better resolved by the Alternate Dispute Committee he suggested utilizing for pre bid qualifications. JKS:ff cc: Honorable Mayor and City Councilmembers Alan Tandy, City Manager S:~..,OUNCIL~ORD~MEMOS~B~Dt=ROT.MEM THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED BY THE ATTORNEY-CLIENT AND ATTORNEY WORK-PRODUCT PRIVILEGES. ORDINANCE NO. AN ORDINANCE ADDING 3.20.068 TO THE BAKERSFIELD MUNICIPAL CODE ESTABLISHING A PROCEDURE FOR DEALING WITH BID PROTEST. WHEREAS, the City of Bakersfield finds it necessary to establish a procedure for dealing with bid protests. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 3.20.068 is hereby added to Chapter 3.20 of the Bakersfield Municipal Code to read as follows: 3.20.068 Bid Protests Bid protests shall be processed as follows: A. Any protest conceming bids for a City project or City purchase of supplies or materials or the process followed by City for the award of such a contract must be made in writing on or before 4:00 p.m. on the day such matter comes before the City Council for the contract to be awarded. B. Upon receipt of such a protest, the Finance Director shall advise the City Council of the facts and circumstances as are known to City surrounding the bidding process for that project. C. The City Council shall hear and determine the bid protest at the time the contract comes before the Council for award of the project and before awarding the project, provided however, the City Council may by majority vote continue the matter to obtain additional information as the Council deems necessary. The Mayor or Presiding Officer of the City Council shall announce the decision of the City Council on said protest at the conclusion of the hearing on the matter, which decision shall be final in accordance with California Code of Civil Procedure Section 1094.6. ---,o0o ...... JKSIADD: dlrlmeg/bsblff s:council~rd~idpprot6. -- January 22, 1997 MEMORANDUM January 22, 1997 TO: BUDGET AND FINANCE COMMITTEE Councilmembers RANDY ROWLES- Chair IRMA CARSON KEVIN MCDERMOTT FROM: JUDY K. SKOUSEN, CITY ATTORNEY ALAN D. DANIEL, ASSISTANT CITY ATTORNEY SUBJECT: NON-RESPONSIBLE BIDDERS ORDINANCE ALTERNATIVES On December 5, 1996, and again on January 17, 1997, we met with Mr. Steve Martin of the Kern County Contractor's Association, to listen to his suggestions for changes to the draft ordinance concerning non-responsible bidders as directed by the Budget and Finance Committee at a previous meeting. Mr. Martin suggested that we make the non-responsible bidder ordinance very short, only directing staff to establish an administrative prequalification procedure to determine whether or not a bidder is non-responsible. The City would require persons or companies desiring to bid on any City project to be prequalified in advance of bidding on any project. The contractor would submit sufficient information to allow the Finance Director to do credit and reference checks and determine whether the contractor is a responsible bidder. The Public Works Department would establish permanent files so a company would have to go through the procedure only once, but would need to update the files as information changed. As a part of the overall concept, Mr. Martin suggested a committee (an alternate dispute resolution process) be established by the Mayor (or Vice-Mayor) consisting of members of the building industry (the Kern County Contractors Association, the Minority Contractors Association, the BIA, and one civil engineer), and the City (manager's office, finance, public works, and legal) to hear any appeals of the Finance Director's determination. If the Finance Director, after examining the prequalification bid package, determines a bidder is non-responsible, that bidder could appeal to the committee and thereafter to the City Council. This bid prequalification procedure would be completed prior to allowing any contractor to bid on any public project. Specific time limits would be established to process any appeal. The committee concept would help assure a fair determination. The qualification of a contractor would be resolved before the bid process so it will not slow down the bid award. THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED BY THE ATTORNEY-CLIENT AND ATTORNEY WORK-PRODUCT PRIVILEGES.. JUDY K. SKOUSEN, CITY ATTORNEY BUDGET AND FINANCE COMMITTEE Page 2 Janua~ 22, 1997 Another idea is to work a similar process into an ordinance; however, the administrative process allows more flexibility because rules can be changed faste~ and with less formality. Mr. Martin felt establishing the non-responsible bidder process was best left to administrative rules to avoid the formality of legislation and yet preserve a process in writing which the City would follow to examine a bidder's qualifications. Basically the City Council has three options: (1) Make no changes to the current system. However, no process at all is currently in place for determining that a bidder is non-responsible. This does not prevent such a determination, however, the lack of a Council-approved method or Council-adopted policy makes such a determination difficult. The constitutional standard which the City must meet is notice and an opportunity to be heard. Currently, no one department is authorized to make the determination that a bidder is non- responsible. Also, if such a determination is made, whichever department (Finance or Public Works, for example) made that determination would have to give the notice of the determination to the contractor submitting the bid. Thereafter, the hearing would most likely take place before the City Council at the bid opening. This would be necessary because no other process is in place. It appears that this City has never declared a contractor to be non-responsible and refused to award a contract to them. Perhaps staff fears taking such action because staff has been given no clear direction from the City Council. (2) Adopt the suggestions of Mr. Martin using a very short ordinance and delegating to staff the authority to require pre-bid qualification by a contractor. A sample of such an ordinance is attached. (3) Adopt the long-detailed ordinance presented at the previous meeting which establishes a method to determine if a contractor is non-responsible at the time bids are awarded. A copy of this proposal is also attached. Staff requests direction from the Committee. JKS:ff cc: Alan Tandy, City Manager Raul Rojas, Public Works Director Greg Klimko, Finance Director S:~U BWORKS'W1E MOS'~IRBID-OR.MMO THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED BY THE ATTORNEY-CLIENT AND ATTORNEY WORK-PRODUCT PRIVILEGES. ORDINANCF NO. AN ORDINANCE ADDING SECTION 3.20.065 TO THE BAKERSFIELD MUNICIPAL CODE ESTABLISHING A PROCEDURE TO IDENTIFY AND LIST CRITERIA TO FIND PUBLIC WORKS CONTRACTORS NONRESPONSIBLE BIDDERS. WHEREAS, the City of Bakersfield desires the highest quality of work from contractors hired by the City to perform public works projects; and, WHEREAS, City has experienced less than satisfactory work from some public works contractors in the past; and, WHEREAS, it is necessary to establish a procedure to identify and list criteria to find public works contractors nonresponsible bidders; and, WHEREAS, the listing of contractor as a nonresponsible bidder should be handled in accordance with a set procedure. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD AS FOLLOWS: SECTION 1. The following constitutes the findings of the City Council: A. The City and its residents deserve the highest quality work from contractors awarded public works contracts; 1. Past performance is important in determining a contractor's ability to achieve satisfactory results; 2. Contractors who have had their licenses suspended or revoked within the past five (5) years should be investigated before being accepted for City work; 3. Contractors who have been charged with or convicted of a crime should be investigated before being accepted for City work; 4. Contractors who have been sued by the City for unsatisfactory performance of any type should be investigated by the City before being accepted for City work; 5. Contractors who have been sued by any public or private entity for nonperformance of work, negligence, or similar items related to the quality of their work should be investigated by the City before being accepted for City work; 6. Contractors who have previously done work for the City but have had to have their work repaired by the City should be investigated by the City before being accepted before City work; 7. It is common for contractors to change their names or corporate status, but not their officers or personnel, to cover up past errors; 8. Nonresponsible contractors will attempt to become subcontractors to hide their identity and past performance in order to gain current public works contracts; and 9. The City must have the ability to exclude contractors from receiving a bid award if they are found to be nonresponsible. SECTION 2. Section 3.20.065 is hereby added to Chapter 3.20 of the Bakersfield Municipal Code to read as follows: 3.20.065 Nonresponsible Bidders A. If a question arises, or the City has reason to believe, that any contractor who may submit a bid to the City may be found nonresponsible and debarred from receiving the bid award the City shall, as soon as possible, cause a three person committee to convene composed of the Finance Director, the City Attorney and the Public Works Director, ("Committee" herein), or their respective designees, and investigate the facts concerning such contractors to determine if any of the following conditions exist: 1. The contractor has suffered the revocation or suspension of its contractor's license at any time during the past five (5) years; 2. The contractor has been convicted of any crime under a state or federal statute or municipal ordinance relating to or arising from public works projects or contracting or any offense or action which indicates a lack of business integrity including, but not limited to, fraud, bribery, theft, falsification or destruction of records, receiving stolen property or any other similar crime; -2- 3. The contractor has been sued by the City for breach of contract or negligence or nonperformance of any obligation owed to the City arising from or relating to a public works project; 4. The contractor has sued the City concerning any project involving a public work; 5. The contractor has been sued by any public or private entity for breach of contract, negligence or non-performance of any obligation relating to or arising from construction or supplying construction materials, services, or labor; 6. The contractor has had its bid bond or performance bond called by any contracting entity, or in the past five years had two (2) or more occasions within a two-year period of failure to submit bond or insurance documents acceptable to the City in the time periods required; 7. The contractor is currently in bankruptcy or is unable to pay its debts as they become due; 8. The contractor has performed a public works project for the City of Bakersfield in the past but said project has had to be repaired by the City because of poor workmanship, or poor materials, or substandard labor, supplied by said contractor and it has been determined by the Public Works Department that said repairs were related to the performance of the contractor; 9. The contractor has submitted two or more claims of computational or other error in bid submissions within a two years period; 10. Unjustified failure or refusal to provide or properly execute contract documents in a timely manner; 11. Unjustified refusal to properly perform or complete contract work or warranty performance; 12. Unjustified failure to honor or observe contractual obligations or legal requirements pertaining to the contract; B. If it shall be determined any of the above listed reasons are true and apply to the contractor who has or may submit a bid, the Committee may deem that contractor 3 to be a nonresponsible bidder and its bid shall be rejected, or the opportunity to bid refused, and the contractor (bidder) debarred from this project after notice and opportunity for a hearing as set forth below: 1. Upon a finding by the Committee that a contractor is a nonresponsible bidder the Committee shall cause a notice of such finding together with the facts constituting the basis for such finding to be sent to the contractor by facsimile (fax) if available and by U.S. Mail, postage prepaid. Said notice shall be effective upon mailing. The contractor shall have five (5) days from the date the notice is mailed or faxed to submit a written request to the City Clerk for a hearing before the City Council to protest the finding and request the opportunity to bid or reinstatement to the bidder's list. At the next Council meeting, the City Council shall hold a hearing to determine if any of the above stated causes for debarment are true and apply to said contractor. 2. Notice of the time, date and place of such hearing shall be served by facsimile if available and by U.S. Mail on the protesting contractor at the contractor's last known address or facsimile number at least three (3) days prior to the hearing. 3. The City Council shall announce its decision after the hearing on said matter. Not more than three (3) working days after said hearing the City Clerk shall issue the Council's decision on the matter. Said decision shall be served on the contractor by facsimile if available and by U.S. Mail and shall be effective upon mailing or sending by facsimile. If the decision is favorable to the contractor, reinstatement to the list or the opportunity to bid shall be effective immediately. If the decision shall be adverse to the contractor said contractor (bidder) shall not be placed on the bidder's list or shall not be given the opportunity to bid on the project. The City Council's determination shall be final. 4. Bids on the relevant project shall not be awarded by the City until after such contractor has been afforded the opportunity to exhaust the appeals set forth in this ordinance. 5. The term "Contractor" shall mean the-entity currently submitting a bid as the prime contractor or as a subcontractor and shall include former legal organizations of said entity in whatever form or name where the officers or personnel are the same or substantially similar to the entity submitting the bid. -4- 6. Failure to file any required request for hearing or appeal shall be deemed a waiver of the right to protest the decision. C. The Public Works Director may require all potential bidders to submit a pre-bid qualification package to show they are, in fact, responsible bidders and qualified to accept the bid award on the project. The Public Works Director shall evaluate each pre- bid qualification package in accordance with the standards for identifying a nonresponsible bidder as set forth in this Code. Any questions concerning qualifications shall be referred to the Committee. SECTION 3. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ............... o0o .............. 5 ORDINANCE NO. AN ORDINANCE ADDING SECTION 3.20.065 TO THE BAKERSFIELD MUNICIPAL CODE ESTABLISHING A PROCEDURE TO DETERMINE WHETHER CONTRACTORS BIDDING ON PUBLIC WORKS PROJECTS ARE RESPONSIBLE BIDDERS. WHEREAS, the City of Bakersfield desires the highest quality of work from contractors hired by the City to perform public works projects; and, WHEREAS, City has experienced less than satisfactory work from some public works contractors in the past; and, WHEREAS, it is necessary to establish a procedure to determine whether a contractor bidding on public works projects are responsible bidders; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD AS FOLLOWS: SECTION 1 Section 3.20.065 is hereby added to Chapter 3.20 of the Bakersfield Municipal Code to read as follows: 3.20.065 Determination of Responsible Bidders. A. The City Manager or his designee shall establish a process for prequalification of contractors desiring to bid on public projects to determine whether contractors are responsible bidders within the meaning of the City Charter. B. The Vice Mayor, with the approval of the City Council, shall appoint an ad hoc Alternate Dispute Resolution Committee consisting of four persons from the building industry (one from the Kern County Contractors Association, one from the Kern County Minority Contractors Association, one from the Building Industry Association and a registered Civil Engineer) and four persons from the city (from management, public works, finance and legal). This committee shall meet when requested by the City to resolve issues regarding whether a contractor is a responsible bidder for public works projects.' S :\CODWCIL\ORDXEMERGNCY~NONRE S.MAR MARVIN DEAN __ ...... :i'eleph~h;- 86~831-5697 ~os'r OmCE BOX 2506 BAKERSFIELD. CAUFORN~^ 9330 ECEIYED January 22, 1997 CITY ATTORNEY'S OFFICE Ms. Judy Skousen. City Attorney City. of Bakersfield 1501 Truxtun Avenue Bakersfield. CA 93301 RE: Kern Minority Contractors Association Dear Ms Skousen. This is a tbllow-up to our telephone conversation today regarding your proposal to create a committee to address the proposed ordinance to award city contracts to the "lowest responsible qual~/ied bidder" ! wanted to provide you with additional intbrmation on the Kem Minority Contractors Association (enclosed). We would be happy to assist you and wish you good luck in this endeavor. Sincerely, Marvin Dean MediaLink "~i~lht FREE Seminar_ce .. and ound MCNB is a weekly publication. It is alpine venture of the Kern MinoriW Contractors Integrating Radio & Television Public Relations Association (KMCA). The service was established for the prime/subcontractors and public agencies to be a ONE STOP procedure for meeting good faith effort, and for implementing WBE/MBE and DVBE participating goals. As you are aware the state **Effortlessly combine television satellite pt' California has passed regulations that require all state contracts to have media tours and radio media tours. participations goals of not less than 15% MBE, 5% WBE, and 3% DVBE. These .. **Target your message to the differing needs provisions apply to all state funded contracts. The provisions pt'public contract code of both television and radio news section # I 0115 state that contracts can only be awarded to bidders who meet the decisionmakers. goals or make a good faith effort to do so. **Develop visuals that get you on television. **Create the interviews that gain the attention of radio decisionmakers. The MCNB with assist you in complying with section # 1865.17 (good Ihith effort) by: Date: 1. Contract made with local WBE, MBE, and DVBE organizations to identify October 15, 1996 potential disadvantaged contractors and suppliers Time: 2. Advertising in a trade and focus paper of general circulation devoted to the 8:30 AM - 10:00 AM minority contracting community. (Continental breakfast will be served at 8AM) Place: There are many other services we can provide you in meeting other local, state and Hotel Sofitel. Opus Ballroom federal M/W/DVBE contracting requirement goals. Our weekly advertisement and 8555 Beverly Blvd., Los Angeles, CA 90048 other service are designed to be very affordable. Thev are intended to allow those in the building industry who are required to meet the goals to LOWER YOUR COSTS Parking: Valet parking available at the hotel at of compliance, a rate of $3, or in nearby lots. including the Beverly Center across the street. For more information and a list of advertising rates please contact the ot~ce at (805) For more inform4tion please call Gypsy 831-5067 or (805) 324-2480 or fax your ad information to (805) 836-9287. Hartman at(21$) 465-0111 by Oct. 10th. The Minority Construction News Bulletin is published weekly in Bakersfield, The Kitchen Expansion - CA. Phone: 1805)324-2480 Fax: (805)836-9287 Bakersfield Homeless Center Publisher/Editor Project has been extended from Marvin Dean 9-9-19-96 to 9-24-96. Office Manager If you have any question regarding Carol Corhin the plans and specs or if you would like to obtain a copy call The Minority Construction News Bulletin is not responsible lbr unsolicited articles, but welcomes their submission. ?avment terms will be agreed upon before publication. Publisher the Kern Minority Contractors reserves the right to select or edit articles as deemed necesarv. Association at (805) 324-2480 The Minoritv Construction News Bulletin makes everx, effort to verify inlbrmation contained in submined articles, but cannot be held liable Ibr errors or omission. 1,~ Don't get caught · -' ii~ hanging from a limb. For subscription, advertising or editorial inlbrmation, ple~c contact the Minority Advertise and meet Construction News Bulletin at: P.O. Box 2506. Bakersfield, CA 93302 or you may call or your trade a focus t~x your inlbrmation to the number above, goals with MCNB:! 1016 Owens Street, Bakersfield, CA 93304 MAILING ADDRESS: P.O. Box, Bakersfield, CA 93304 PHONE: (805) 324-2480 OR (805) 831-5067 FAX: (805) 836-9287 EFFECTIVE IMMEDIATELY. PLEASE UPDATE YOUR RECORDS. ABOUT KMCA ARCHITECTS-ENGINEERS ABOUT MCNB PUBIC AGENCIES The Kern Minority Contractors PROMOTION!! MCNB is Both a "Trade" and "Focus" Association is a full service, non publication this is published weekly and profit minority trade association, MCNB is offering a special promotion, distributed statewide in California. established in 1988, to address the We are in the process o£reorganizing needs of women owed, minority and our operation to be more efficient and MCNB is designed to help assist General, non minority contractors. We better serve our customers. So from Prime Subcontractors and Suppliers meet encourage minority and non minority SEPTEMBER - OCTOBER ALL the Good Faith Effort. MCNB also assist to work together to meet W/MBE ARCHITECTS/ENGINEERS AND business promote their business. participation goals for public works PUBLIC AGENCIES advertising in To place an ad, fax us the information. contracts. MCNB will receive discount ads for: We will ~typeset the information and give you a quote. KMCA Services includes: '$75.00 Construction Workshops and MCNB publications mn every Monday. Seminars, Minority. Construction News Deadlines for all ads are Fridays at Bulletin, Plan Room and Bidding For more intbrmation call (805) 324- 5:00pm. Faxes that are sent Mondays for Support, Consulting Services. 2480 or 1805) 831-5067 or t~x us your publication before 12:00pm there will be WBE/MBE/DVBE/DATA BANK, ad at (805) 836-9287 stating that you a 20% late charge fee. Construction Resource Center, Labor heard about our promotion. Contact For more information call (805) 324- Leasing, W/MBE Networking with Carol 2480 or (805) 831-5067 or fax ads to Prime Contractors and much more... (805) 836-9287. How Impo ant Are Trade Examinations? Last month we discussed experience at a journeyman, forces an individual an individual that contractor licensing and the supervisor or contractor level in the may not be familiar with management California Legislatures' "Sunset trade/hr which you wish to become practices and the law to study and Review" process with the critical licensed, tn addition to your own. show at least minimum recognition of issues being whether or not the evidence of the required experience, those responsibilities. The applicant is Contractors' State License Board you must also submit "certificates in already supposed to have acquired should continue in existence, and, if support of experience qualification" knowledge of the trade, by virtue of so, xvhether the board should make (usually t~vo or threel signed by the experiencerequirement. changes in the "B" and "C" employers. ~3ther contractors, classification system, inspectors, and other contractors, 2. It is doubtful that the trade test inspectors, and ~)ther individuals alone keeps anyone t¥om becoming a My opinion was, and still is. assumed to be competent in their contractor, because those that fail can that we should work toward solutions abili .ty to judge 3"our qualifications, take it again and again, until they pass. that eliminate unnecessary and costly Most schools offer courses with steps in the licensing process, but Then. you must submit the virtually identical questions, and can retain a licensing program for all answers to several questions train even the dumbest applicant to trades. I also think that we should regarding your financial histo~ and pass.. eliminate much of the red tape for capacity., and provide proof of residential, commercial, and wori~ers compensation insurance. 3. The person that wants to be a industrial, contractors, while Finally, you are required to take an contractor, but does not have the maintaining strict regulations in examination on CaliIbrnia Business requisite experience or trade home improvement and service 8,: and Law. and a test on your knowledge, canjust hire someone with repair~ tbr the protection of knowledgeot~thetrade. Oh, yes, and experience to work for him in his consumers, pay $450 tbr your two-year license~ if company as the qualifying individual. you pass. and become licensed in that fashion. A primary, problem the CSLB t'aces in terms of the regulations it If the rationale l:or the It is possible that the mere promulgates is that the laws should experience requirement is to prove existence of trade examinations adequately protect consumers t¥om that the individual has "on-the-job" creates a psychological barrier to poor workmanship and unscrupulous time in the trade, then the reason tbr licensing tbr those who may be great at management practices, but at the ll~e trade examination is to make sure "hands-on"~ but are not good test- ~ame time not be so restrictive fl~at it lhe i~dividuat learned something takers. It may also be that the is too difficult for qualified people to during fi~at time. [k)x~cver. I'm not examinations serve to keep the walls enter into the business of contracting, sure tl~e trade c~xamination up between the traditional trade accomplishes its mission, l~or several classifications - but neither of these Vhe current application reasons: serves the interest of the consumer ()r ;~rocess requires at least lout years ol'~ 1. The t3usiness & Law examination the purpose of the board. Disaster Unemployment [Gourmet Galal Assistance Available to Flood Victims To Be Held SACRAMENTO-Individuals whose workers and the self-employed when As 1996 went to a close, the work was interrupted by the flooding, they are unemployed as a direct result Friends of the Homeless Center which began on December 28, 1996, in of a major natural disaster. While like to take this time to 42 northern California counties and the DCA is similar to regular information you of our 1997 City of Morgan Hill may be eligible to unemployment insurance in benefit file for federal Disaster Unemployment amounts (up $230 per week) and Gournmet Gala. Assistance(DCA). duration (26 weeks), eligibility is somewhat different. The 1997 Gourmet Gala will be The affected counties are: Alpine, on Thursday, April 3rd, 1997, at Amador, Calaveras, Colusa, Contra Claims for DCA must be filed within the Bakersfield Convention Costa, Del None, El Dorado, Fresno, a 30-day period following the Glenn, Humboldt, Lake, Lassen, announcement of the availability of Center. The Friends of the Placer, Plumas, Sacramento, San DCA. Theretbre the deadline for Home is striving for "A Way Benito, San Joaquin, San Mateo, Santa filing claims will be Monday, Feb. 10, Up.' Cruz, Shasta, Sierra, Siskiyou, Solano, 1997. Sonoma, Stanislaus, Sutter, Tehama, If you and/or your company Trinity, Tulare, Tuolumne, Yolo and Claims may be made by calling the Yuba. nearest EDD office tbr instructions, would like to make a To find the nearest EDD office, check contribution please stop by our Disaster Unemployment Assistance the government listing in your facility at 1600 East Truxtun provides financial assistance and telephone directo~:s White pages. Avenue or give us a call at (805) employment services to jobless 322-9199 ABOUT MCNB MCNB is Both a "Trade" and "Focus" publication this is published weekly and distributed statewide in California. MCNB is designed to help assist General, Prime Subcontractors and Suppliers meet For All Your Travel Needs the Good Faith Effort. MCNB also assist in promoting your businesses. To place an ad, fax us the Contact: information. We will typeset the Global InternationalTravel information and give you a quote. MCNB publications run every ***n;scoun*t'ac -a--esAvaaa - e*** Monday. Deadlines for all ads are Fridays at 5:00pm. Faxes that are sent on Monday for publication D.O. Box2506 before 12:00pm there xvill be an additiona~ 20% late charge tee. Bakersfield, California 93304 For more information call (805) Phone:(805)324-2480 324-2480 or (805) 831-5067 or faxt ads to (805) 836-9287 or emaii us at [2aX:(805)836-9287 glo hal 1 (~ pUc bell.net NOTICE TO CONTRACTORS REQUESTING SUB BIDS CALL FOR CEILING RENOVATION PROJECT FROM QUALIFIED Bid #96-97-03 MBE/WBE/DVBE SUBCONTRACTORS AND NOTICE IS HEREBY GIVEN that the HUENEME SCHOOL DISTRICT of SUPPLIERS FOR THE Ventura County,, California, action by and through its Governing Board, FOLLOWING PROJECT: hereinafter referred to as the District, will receive up to, but not later than 2:00 o'clock p.m. on the 3rd day of February, 1997 sealed bids for the award of a Boron Senior Citizens Center contract for Bid #96-97-03 ceiling renovation project at eleven (I 1) school Improvements sites. A mandatory pre-bid conference and job walk will be held Thursday, January 23, 1997 at 3:00 p.m. at Hueneme School District, Facilities, County of Kern Community Operation and Transportation Department, 700C E. Hueneme Road. Port Development Program Hueneme, CA 93041. Department All bids shall be make on a tbrm furnished by the District. Bids shall be Bid Date/Time: received in the office of the Associate Superintendent, 205 North Ventura January 21, 1997 ~ 1 l:O0am Road, Port Hueneme, CA and shall be opened and publicly read aloud at the above stated time and place. JTS Construction Each bid must conform and be responsive to the specifications and contract P.O. Box 41765 documents, copies of which are on file and may be obtained from Hueneme Bakersfield, CA 93384 School District, 205 North Ventura Road, Port Hueneme, CA 93041. Phone: (805) 835-9270 Fax: (805) 835-8424 Each bid shall be accompanied by (I) a bid bond or cashier's check in the amount of 10% of the bid price and (2) the list of proposed subcontractors. REQUESTING SUB BIDS FROM ; ~r ~r***~r*~r ~r ~r*~r~r ~r ~r ~r~r ~r ~r.~~ ~,~, ~**~***** QUALIFIED MBE/WBWDVBE ~ . SUBCONTRACTORS AND NgW ars * SUPPLIERS FOR THE FOLLOWING: ' pec al~l~COU ~1t ~ California Departmentof Correction ~e . Fire Extinguishment System ~ * Inspection, Maintanence and Repair ~ Contractors advertising in MCNB will receive a discount ad for: a- ,e * Cororan, California $45 O0 :e ® * Bid Date/Time: . February 12, 1997 ~ 3:00PM a- For more intbrmation call a- ~ {805) 324-2480 or lhx your ad intbrmation to 1805) 836-9287 * Attn: CliffPedersen . . Jorgensen & Company , The Special End On Januarv ,31, 1997 * 2691 South East Avenue a- SO HURRY!! , Fresno, CA 93706 · Phone: (209) 268-6241 NOTICE TO CONTRACTORS CALLING FOR BIDS BAKERSFIELD CITY SCHOOL DISTRICT Project Identification: College Heights School Modernization, 2551 Sunny Lane, Bakersfield, CA 93305 Bid Deadline: Wednesday, February 12, 1997 ~ 2:00 p.m. Plans Are On File At: Leonard J. Schroeder Architect A.I.A., Inc., 4201 Ardmore Avenue, Suite #9, Bakerstield, CA 93309 ['hone: (805) 832-0734 Notice is hereby given that sealed bids will be received by the Bakersfield City School District for the furnishing of all labor, materials, equipment, transportation and services tbr the modernization of College Heights School, Bakersfield City School District. Bakersfield, California. Bids will be received in the Maintenance Office at 1501 Feliz Drive. Bakersfield. California, up to 2:00 p.m.. February 12, 1997, at which time bids received will be opened and publicly read. Bids received after this time will not be accepte.d. Bidders are required to attend a mandatory.job walk on Wednesday. January, 22, 1997 at 3:00 p.m. ['lease meet in front of the office at College Heights School, 2551 Sunny Lane. This will be a one-tour ob walk: latecomers missine any part of the job walk will not receive a separate walk through. * ' There will be a $75.00 deposit required for each set of documents obtained. This deposit will be refunded completely upon return &documents within 7 days after bid opening date in good condition to the Architect. Shipping expenses must be pre-paid to the Architect. Each bid must be accompanied by a cashier's check, certified check or a bid bond for ten percent (I0%) of the amount bid. payable to said District. The said check or bond will be retained by the District as liquidated damages if the bidder whose bid is accepted hils or neglects to sign the Agreement and file the required bond and insurance within the required time after the Notice of the Award. ['articipation by Disabled Veteran Business Enterprise I DVBE) is encouraged bv the District. A participation goal of 3% has been established tbr this project. All bidders must comply with the State Allocation Board (SA-B) statutes and regulations related to DVBE by submitting with his/her/their proposal SAB for Participation and Good Faith Eltbrt. A bidder claiming DVBE status must include certification from the Office of Small Minority, Business in the proposal. The successful bidder shall furnish a Labor and Materials Bond in a amount not less than fifty percent (50%) of the amount payable under the Contract, and faithful performance bond tbr not less than one hundred percent (100%) of said amount. The Contract will contain provisions permitting the successful bidder to substitute securities lbr any moneys withheld by the District to ensure perlbrmance under the Contract. The District reserves the right to reject all bids or alternate bids deemed not responsive or advantat, eous to the District, and/or to waive any irregularities or informalities in any bids or in the bidding process. In accordance with the Labor Code of the State of Calit'ornia~ Sections 1770 throut, h 177.5. the Director of the Department oflndustrial Relations has determined that this is a public works PrOiect and the minimum wages paid on'this prolect shall be not less than those set forth in the GENERAL PREVAILING WAGE DETERMINATION made bv the Director of Industrial Relations and on tile in the Principal Office of the Bakersfield City School District. The list of wages will be made available to any interested party on request. Apprentices may be employed, providing they are properly indentured to the Contractor in full compliance with the provisions of Section 177.5 of the State Labor Code. During the performance or'this contract, the contractor will m}t discriminate against any employee or applicant ti,>r employment because of race, religion, color, sex. national origin, or disabilitv. No bidder may withdraw his bid tbr a per/od or'ninety {9t)) dav,s at~¢r the date scl l(>r the opening thereof. To perform thc work required bv this Notice. the Contractor must possess thc following type of'Contractor's License: B,General Construction Bv Order of the [~oard of Education ol'the Bakersfield City School District by Karcn l)eWalt. President & Kcnton A Weir Jr.. Clerk. NOTICE TO CONTRACTORS CALLING FOR BIDS BAKERSFIELD CITY SCHOOL DISTRICT Proiect Identification: Frank. West Elementary School Modernization, 2400 Benton St., Bakersfield, CA 93304 Bid Deadline: Wednesday, February 12, 1997 ~ 2:00 p.m. Plans Are On File At: Maintenance Office, 1501 Feliz Drive. Bakersfield, CA 93307 Phone: (805'1631-5883 is hereby given that sealed bids will be received by the Bakersfield City School District tbr the thrnishing of all labor, materials, equipment. transportation and services tbr the modernization of three existinv wood stud buildin~,s. Multipurpose building, kindergarten building, and one classroom wing and associated site work. at Frank West School. ~akersfield City Sch~ool District. Bakersfield. California Bids will be received in the Maintenance Office at 1501 Feliz Drive. Bakersfield. Calii'brnia. up to 3:00 ~.m. February 12. 1997. at which time bids received will be opened and publicly read. Bids received after this time will not be accepted. ' Bidders are required to attend a mandatory job walk on Thursday, January 23, 1997 at 3:00 p.m. Please meet in front of the office at Frank West School. 2400 Benton Street. This will [~e a one-tour idb walk: I'atecomers'missin~, any part of the job walk will not receive a separate walk- through. A maximum of six sets of documents may be obtained at the District Maintenance Office by each bona tide General Contact Bidder. Major subcontractors may obtain a maximum of two sets of documents. A $100.00 deposit is required for each set of documents obtained. This deposit will be rethnded completely upon return oi"documents within 14 daxs after bid openim, date in coed condition to the District. Shipping expenses must be pre-paid to the District. ' ~ ~ . Each bid must be accompanied by a cashier's check, certified check or a bid bond tbr ten percent (10%) of the amount bid. payable to said District. The said check or bond will be retained by the District as liquidated damages ii' the bidder whose bid is accepted fails or neglects to si~n the Agreement and file the required bond and' insurance within the required time after the Notice of the Award.~ Participation by Disabled Veteran Business Enterprise (DVBE) is encoura~zed by the District. A participation goal of 3% has been established for this pmiect. All bidders must comply with the State Allocation Board I SA~3) statutes and regulations related to DVBE by submitting with his/her/their proposal SAB lbr Participation and Good Faith Eflbrt...\ bidder claimim, DVBE status must include certification from the Office of Small Minori .ty Business in the proposal. ~ l'he successful bidder shall lhrnish a Labor and Materials Bond in a amount not less than fifty percent (50%) of the amount payable under the Contract. and thithful pertbrmance bond tbr not less than one hundred percent (100%) of said amount. The Contract will contain provisions permitting the successthl bidder to substitute securities tbr any moneys withheld by the District to ensure )ertbrmance under the Contract. - . The District reserves the right to reject all bids or alternate bids deemed not responsive or advantageous to the DistricL and/or to waive any irregularities or intbrmaiities in an5, bids or in the bidding process. - In accordance with the Labor Code et'the State of Calitbmia. Sections 1770 through 177.5. the Director of the Department of Industrial Relations has determined that this is a public works prQiect and the minimum ~xagcs paid on this project shall be not less than those set tbrth in the GENERAL PREVAILING WAGE DETERMINATION made by the Director of Industrial Relations and on file in the Principal Office of the Bakerst]etd City School District. The list of wages will be made axailahle to any interested party on request. Apprentices may be employed, providing they are properly mdcntt~red to the Contractor in l~ll compliance with the provision~ of Sect on 177.5 of the State Labor Code. ' ' I')uring the perlbrmance of this contract, the conlraclor xt ill m~t discrmlinatc a,.ZalnSt till\ cmph)yce or applicant tbr employment because of race. religion color, sex. national origin, or disabililv. ' - Nc) b~dder may withdraw his bid lbr a period ofninctv{90) days aHer the date scl lbr lhe opening thereof. t'o i file work required by this Notice. Ihe Contractor must ~ )ssess ~e bllowm,.z vpe of Contractor's I. tense B-General Construction t~y ()rdcr of the Board of :duc~tion DC e Rakerstie t Citx Sc ~o ')i 1) strict i-' K'~rcn [)c'Wah President & Kcnton A ..... -' ' - · Weir Jr.. Clerk. SUBCONT~CTORS AND I ~'~ ' t'~'~'~'~ J I SUPPLIERS FOR THE FOLLOWING: [ would like to subscrtbe to the Minortty( 'onst~ctton News Bullettn. Pleas~ send the paper to the below address. I i ~ S45 StX btonths ~ S85 One Year ~ 5160 1~o Yeaars i Name Address City of Bake~fieid I gT7K022 Panama gl0 Reconstruction (Sec 3 Requirement) I Bid Dat~ime: Minor~ ComecOn N~ Bulle~n ~ ~ ~ ~ ~d Type Work: Published weekly on Mondays, deadline fbr ads are Fridays at 5:00 p.m. Concrete, Cold Plane A/C, excavation, Ad may be t~ed 24 hours a day, seven days a week to (8~5) 836L9287. Fencing, Manhole Adj, Trucking Contact Pe~on: Scott Sheiton Send your ad to: Kern Rock Co. The Minori~ Construction News Bulletin to be in the next issue which' will be dated Janua~ 27~ 1997. ~[I), P.O. Box 3329 Bakersfield, CA 93385 For t~her intb~ation, call (805) 324-2480 or {805) 831-5067 Phone: (805)324-9714 Email us ~ global l~pacbell.net ' Fax: (805)324-5226 Bulk Rate U.S. Postage The Minority Construction News Bulletin P^lD Bakersfield, CA Permit No. 863 P~O. Box 2506 1 Bakemfield, CA 93302 M.O.N.B.