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Procurement Policy for the City of Patterson
SECTION I: PURPOSE AND SCOPE
A purchasing and procurement policy (the "Policy") ensures that the City of Patterson (the "City") obtains the most suitable services and commodities at the best price, while providing internal control over expenditures of City resources. Internal controls promote efficiency, reduce risk of waste and loss, help ensure the reliability of financial information, and provide assurance that everyone is complying with applicable laws and regulations.
Every employee is responsible for implementing and adhering to the Policy. Project managers have an additional responsibility of ensuring that all Procurements under his or her project, program, or department conform with this Policy. By taking personal responsibility, we assure that our day-to-day operations run effectively and efficiently, that we achieve our performance and financial objectives, and that we safeguard our resources.
This Policy guides employees, ensures compliance with state and federal laws, and provides assurance of the efficient use of the City's resources.
As employees, defined policies and procedures let us know what is expected of us and help us to define our job and understand our responsibilities.
SECTION II: DEFINITIONS
"Bidder" or "Vendor" means a person, business or organization who submits a bid to the City in an effort to win a contract with the City to supply goods or services. City forces are not considered a “bidder” or “vendor” under this chapter.
"Employee" or "Employees" mean the individual or individuals responsible for initiating and carrying out purchases and procurements for the City.
"Procurement" means the process of purchasing, acquiring, or procuring goods or services from sources outside of the city’s own departments.
"Project Manager" means the City Employee overseeing the project, program, or department seeking the Procurement. In situations where there is not a clear project manager, the "Finance Director," as defined in Chapter 2.18 of the City's Municipal Code, shall be deemed the Project Manager for procurement purposes.
"Solicitation" means the notice or solicitation of bids from the City to potential vendors for the Procurement of a good or service.
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SECTION III: CODE OF CONDUCT
Employee Accountability. All Employees of the City involved in Procurement procedures will adhere to the following code of conduct. In the event that an Employee violates this code of conduct, the Employee shall be subject to penalties, sanctions or other disciplinary measures as permitted by state and federal law and the City's employment policies.
Incompatible Activities. All Employees of the City under this Policy shall avoid acting in a way that is incompatible with their duties to the City. All Employees of the City who are involved in the Procurement process shall review this Policy and shall sign a Conflict of Interest Statement Certification ("Conflict of Interest Statement") that attests to their understanding of their obligations under the Policy and their agreement to comply with these obligations. This form shall be placed in the Employee's permanent personnel file. Employees shall not do the following:
(1) Use the prestige or influence of his or her position for his or her personal benefit or the personal benefit of another;
(2) Use City, state or federal resources such as time, facilities, equipment or supplies for personal benefit;
(3) Use confidential information available through his or her position for personal benefit or providing this confidential information to people not authorized to receive it; (4) Receive or accept money or any consideration from anyone other than the City for performing duties as a City officer or Employee;
(5) Perform an act, outside his or her official capacity, that the Employee knows could later be subject to the Employee's control, review, audit or enforcement due to the Employee's position;
(6) Receive or accept, directly or indirectly, any gift, service, gratuity, favor, entertainment, hospitality, loan, or any other thing of value from anyone who is doing or is seeking to do business of any kind with the Employee's appointing authority or whose activities are regulated or controlled by the appointing authority under circumstances from which it reasonably could substantiated that the gift was intended to influence or reward the Employee regarding official actions.
Conflict of Interest. For the purposes of this policy, employees shall avoid any conflicts of interest that arise out of the Political Reform Act, the Fair Political Practices Commission Regulations, and Government Code sections 1090-1099. Additionally, an Employee shall not be involved in bid selection process if the
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Employee, the Employees partner, the Employees immediate family or an organization employing any such persons has a financial or other interest in one of the Bidders.
Employees shall review and comply with the City’s Conflict of Interest Code.
Federal Regulations. When the Procurement transaction involves a federally funded project, the City will follow the regulations set forth in the Federal Acquisition Regulation, Part 3:
Improper Business Practices and Personal Conflicts of Interest.
SECTION IV: PROCEDURE
Ensuring Efficiency and Economy. Each department shall maintain an organized record of all Procurements that will be categorized by source of funding, type of purchase or service, and cost.
Prior to seeking any Procurement under this Policy, the Project Manager will determine the source of funding, type of purchase or service. The Project Manager will search the relevant record or database to ensure that the Procurement is not unnecessary or duplicative. The Project Manager will also confirm that funds are available in the budget for the Procurement.
Environmentally Preferable Procurement Policy. The Project Manager shall ensure that procurements comply with the City’s Environmentally Preferable Procurement Policy.
Cost Estimate. The Project Manager shall prepare a cost estimate for any Procurement prior to Solicitation. The project manager cannot obtain estimates from potential Bidders.
Supplies and Equipment. When the Project Manager is procuring supplies or equipment, the Project Manager may consider the following factors in preparing a cost estimate:
(1) Use of the knowledge or expertise of the department staff; (2) Published price lists;
(3) Costs of previous similar procurements adjusted for inflation; (4) Pricing data from other agencies who have procured similar items; and (5) Guidelines from state or federal agencies.
Construction. When the Project Manager is procuring construction services, the Project Manager may:
(1) Obtain an estimate from a design firm already under contract with the City for this purpose;
(2) Use the knowledge or expertise of the department staff; and {CW138439.1}
(3) Use guidelines from any relevant state or federal agency.
Services. When procuring services, the Project Manager may:
(1) Use the knowledge or expertise of the department staff; (2) Obtain a professional estimate from an independent firm; (3) Consult with other departments, municipalities or agencies who have procured similar services.
Method of Procurement. Based on the price estimate, the Project Manager shall determine which method of procurement is appropriate. Projects may not be split into smaller projects to evade the competitive bidding requirements. For procurements, except public projects described in a separate section below, the method of procurement shall be as follows:
Estimated Cost
$5,000 and under
Over $5,000-
$25,000
Over $25,000-
$100,000
Over $100,000
Method of Procurement
Course of Normal Business Procurement
Informal Quotes
Informal Bid Process Formal Bid
Process
Approval Required:
• All require Department Head approval.
• If the amount is between over $25,000 and up to $100,000, City Manager approval is also required.
• If the amount is more than $100,000, City Council approval is also required.
• If the agreement is for professional services, City Council approval is required if the cost estimate is over $100,000.
• All executed professional services contracts should be submitted to the city council quarterly as part of the departmental updates. • All contracts should be reviewed and/or approved by the City Attorney. {CW138439.1}
Course of Normal Business Procurement. For Procurements $5,000 and under, the Project Manager may purchase the good or service with permission from the Department head. The Project Manager will submit for every purchase an invoice that will be kept on file.
Informal Quotes. For Procurements exceeding $5,000 and up to $25,000, the Project Manager must first submit a Request for Purchase Order and gain approval from the Department head. Next the Project Manager must obtain at least three verbal or written quotes from viable potential vendors and select the lowest bid from the three candidates.
Verbal orders, usually obtained by telephone call, are to be described on the Purchase Request for Purchase Order. It is important that the specifications are accurate and comprehensive. Thus, it may be beneficial to transmit the specifications by fax or email even when the quotation is received orally. Written quotations must be attached to the Request for Purchase Order.
Informal Bid Process.
(1) The Project Manager initiating the Procurement and the City Manager, or the City Manager’s designee, are responsible for this process.
(2) The Project Manager shall prepare a Solicitation inviting informal bids to all qualified contractors or vendors on the City's Contractor's List or Vendor’s List. Additionally, the Project Manager will send the Solicitation to all applicable construction trade journals. (3) If the City does not maintain a List of Contractors for the category of work being procured, then the Solicitation will only be sent to the construction trade journals. If the project or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
(4) As bids are received, the Project Manager shall log each bid in a record specifically created for the Procurement. After the Solicitation period ends, the Project Manager shall provide the City Manager, or the City Manager’s designee, with a record of all the bids received, the original cost estimate, and the Project Manager's analysis of the responsiveness of the bids.
(5) The City Manager, or the City Manager’s designee, shall have the authority to select the lowest responsive bid from a Bidder deemed responsible as per the guidelines of this policy. In the event that the Bidder selected is not the lowest Bidder, the City Manager, or the City Manager’s designee, shall provide a written explanation that will remain on file.
After a Bidder is selected a Request for Purchase Order shall be completed for the Procurement.
(6) The Project Manager will ensure that any contract the City enters into complies with any obligations under state and federal law and reasonably limits the contract term as is practical.
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Formal Bid Process.
(1) Responsibilities. The responsibilities for completion of the formal bid process are shared by the City Clerk and the Project Manager.
(2) Solicitation. The Project Manager shall prepare a Solicitation inviting sealed bids.
Along with the Solicitation, the Project Manager will send a bid form with specifications about the Procurement, and a Request for Proposal for services to all applicable vendors.
The Project Manager will also send the Solicitation to the City Clerk for publication. If the Procurement is for a Public Works Project, the Project Manager will publish the Solicitation in a local newspaper as required by state law. (3) Receipt of Bids. As bids are received, the Project Manager shall log each bid in a record specifically created for the procurement. Additionally, the City shall stamp each bid with the time and date. All bids shall be retained and kept in a secure and designated file for the specific Procurement until the public opening.
(4) Evaluation of Bids.
a. The Project Manager will evaluate each and every bid to make sure each bid is Responsive to the solicitation and that each Bidder is Responsible. b. In making the determination that a bid is "Responsive", the Project Manager shall check the bid to make sure that it meets all of the requirements stated in the Solicitation. Additionally, the Project Manager will check that the bid is:
(1) Signed;
(2) Furnished with any required bid bonds;
(3) Includes a unit bid price for each item or component; (4) Includes a total amount of the bid;
(5) Is prepared in ink;
(6) Includes any needed completed addenda certification statements; and (7) Only includes conditions and qualifications required in the specifications of the Solicitation.
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c. In making the determination that a Bidder is "Responsible", the Project Manager shall check all related State and Federal databases for debarment or suspension and make sure the Bidder is eligible to receive the public funds designated for the procurement. In addition to price, the following criteria may also be considered in evaluating bids:
I. Ability, capacity, and skill of the Bidder;
II. Whether the Bidder has the facilities to perform the contract promptly, or within the time specified, without delay or interference; III. The character, integrity, reputation, judgment, experience, and efficiency of the Bidder;
IV. The Bidder's record of performance on previous contracts; V. The Bidder's past and current compliance with laws and ordinances relating to the contract; and
VI. The Bidder's ability to provide future maintenance, repair parts, and services for the use of the commodity purchased.
(5) Bid Cost Analysis. The City's policy is to obtain the most suitable services and commodities at the best price. The Project Manager will examine the number of bids received, the distribution of those bids, how close the bids are to the estimated cost, urgency of the Procurement, and other factors to determine if it is in the best interest of the City to accept one of the submitted bids or whether another solicitation is warranted.
The Project Manager shall prepare a staff report with a recommendation to the City Council. (6) Public Opening Procedure. At the end of the Solicitation period, all Responsive bids from Responsible Bidders shall be read aloud publicly in a regular City Council meeting. (7) Selection by City Council. After reviewing the bids received and the Staff Report from the Project Manager containing a cost analysis, the City Council will make a determination and may select a Bidder to receive the contract. Under normal circumstances, the lowest Responsive bid from a Responsible Bidder will be selected. If the Bidder selected is not the lowest Bidder, the City Council shall provide a written record explaining the selection. After a Bidder is selected, a Request for Purchase Order shall be completed for the Procurement. The City shall not enter into a contract that violates local, state or federal law.
(8) Tie Bids. In the event that the formal bidding process results in the receipt of two or more bids that are for the same total amount or unit price, quality and service being equal, the City Council may accept the Vendor it chooses or accept the lowest bid made by {CW138439.1}
negotiation with the tied bidders at the time of the bid opening. (9) Bid Security. When the Project Manager finds it necessary, the Solicitation may require a Bidder to provide a security along with the bid. The securities shall be returned to all Bidders. However, the successful Bidder forfeits the security for failure to execute the contract within ten days of when the notice of award of the contract has been mailed, unless the City is responsible for the delay.
(10) Performance and Surety Bonds. The city council shall have the authority to require a performance or surety bond before entering a contract in such an amount as it shall find reasonably necessary to protect the best interests of the city. If the city council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.
Cost Modification. In every contract entered into by the City with a Vendor as a result of a bidding process, the City shall include a provision stating the appropriate procedure for any necessary modification of the cost of the good or service. This shall comply with any pertinent federal or state law, regulation, or provision. The City will ensure that all cost or contract modification provisions contain safeguards that require approval from the appropriate City authorities and methods for ensuring that any additional costs are within the budget before they are approved.
SECTION V: EXCEPTIONS
Professional Services. Professional services are those activities performed by a consultant who possesses a high degree of expertise in a particular profession. These services include positions such as an Attorney, Certified Public Accountant, Engineer, and Architect or any of the positions described in Government Code section 4525. There is no bidding requirement for this type of service, since the agent is being hired based on their qualifications, not the lowest bid. The professional must be selected on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the City.
The selection process must assure maximum participation of small business firms, as defined by the Director of General Services pursuant to section 14837 of the Government Code.
Practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration are prohibited in the selection process. City employees are prohibited from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract under this section which would subject those employees to the prohibition of Section 87100 of the Government Code.
All professional services agreements must be submitted to the city council for approval if the cost estimate is over $100,000 and must provide sufficient background analysis to support the recommendation.
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Purchase Orders are required for professional service agreements in order to reserve the budget for the obligation Each agreement needs to be properly executed and held on file with the City Clerk. After a professional is selected, the City will follow Public Contract Code Section 6106 to negotiate the services.
Blanket Order Exception. If a project receives a blanket or open purchase order that allows spending for certain goods and services, the Project Manager will not be required to go through the methods of procurement outlined in this Policy if the Procurement is within the permitted budget and for the goods and services initially allowed. However, the Project Manager will remain bound by the obligations and requirements of the Code of Conduct provision in this Policy and the Conflict of Interest Statement signed by the Project Manager. The Project Manager must still obtain approval from the department head and submit an invoice for every purchase.
Exception to Formal Bidding. Unless otherwise required by Federal or State Law, formal bidding shall not be required in the following circumstances (1) The merchandise or service is unique because of its quality, durability, availability, or fitness for a particular use.
(2) The merchandise or service is available from only one source. (3) The City Manager, or his designee, determines that critical circumstances require the immediate purchase of the merchandise or service.
(4) The merchandise or service is provided by an independent contractor who has a preexisting contract with the City to provide labor and materials for other than a Public Works project, e.g., an office supply contract that is in place for one year and purchases of supplies are made periodically based on the contract.
The procurement will be provided through a cooperative purchasing program or a cooperative purchasing agreement of another public agency that was awarded following a competitive bidding process.
Even if formal bidding is not required, if the Procurement is for more than $100,000, the City Council must formally authorize the Procurement. If the Procurement is $100,000 or less, the City Manager, or his designee, can formally authorize the Procurement. Under these circumstances, the Request for Purchase Order is prepared after the contract is signed.
SECTION VI. SOLICITATION CONTENTS
Solicitations shall be created to clearly state the item or service sought. Procurement transactions shall allow for full and open competition. Therefore, notices and solicitations for bids shall not limit bids by requiring unnecessary experience, excessive bonding, or a specific "brand name" product.
A Solicitation that is created for an Informal or Formal Bid process shall include:
1. A general description of the item or service being procured with sufficient detail to give the Bidder an understanding of the background behind the Procurement, the environment of the project, and the needs of the City. The Solicitation should {CW138439.1}
also describe the scope of the work and any requirements or specifications including the desired schedule for receiving the item or service;
2. A statement of minimum qualifications and desirable qualifications that do not unduly limit competition, discriminate against a certain group, or violate state or federal laws. This section should include certification requirements for the Procurement related to suspension or debarment;
3. A statement indicating if prevailing wages are required.
4. A statement indicating where necessary bid forms and specifications can be obtained;
5. A statement of the time period and place for submitting bids and a detailed list of the information the bid or proposal should contain.
6. A statement specifying the time and place for the opening of bids;
7. Statement describing any bid security required;
8. A statement describing bond requirements if the Bidder is selected;
9. A notification of any requirements related to the Procurement or project due to state or federal funding.
10.Contact information for submitting questions related to the project or Procurement.
The format of Solicitations should include:
BACKGROUND
Provide as much detail as necessary to give the bidder an understanding of the environment in which the job will be performed and to which the job relates.
SCOPE OF WORK
Describe in detail the requirements for the job and detail specifications.
DESIRED PROJECT SCHEDULE
Be as specific as possible.
MINIMUM AND DESIRABLE QUALIFICATIONS
Be as specific as possible. The requirements and qualifications cited should not unduly limit competition and must not discriminate against any group. Any geographic limitations must be in compliance with state and federal laws. This section should include certification requirements {CW138439.1}
and any limitations due to suspension or debarment.
SUBMISSION OF BIDS (OR PROPOSALS)
Include date, time, and location. Include a detailed list of the information the bid or proposal should contain.
QUESTIONS
List the name, address, and telephone number of the person to be contacted concerning questions regarding the project.
SECTION VII. PROJECT MANAGER’S STAFF REPORT
The Project Manager's Staff Report to the City Council regarding the bids received should include:
STATEMENT ON THE SUBJECT
This section should include a statement regarding the need, benefit to be received, and any other pertinent background information. This should summarize the process of the Project Manager in determining that procuring goods or services will not be duplicative.
RECOMMENDATION
1. Enter into a (professional services, consulting, etc.) agreement with (name of vendor) in the amount of (or in an amount not to exceed) (a dollar amount) for (explain the project or service, e.g., CIP Project 95-06 or construction of parking structure, etc.) with a term ending (include a termination date if applicable).
2. Authorize the City Manager or his designee to execute the agreement.
3. Authorize the Finance Department to allocate funds in the amount of (a dollar amount) from account number (enter an account number). This part of the recommendation is only necessary if there are any reallocations off funds from unobligated general funds or between departments, etc.
BACKGROUND ANALYSIS
This section should give detailed background information about the Procurement. It states any federal or state obligations of the City. It explains in detail the scope of services of the proposed contract. This section also summarizes the bid process and discloses all bids received. This section explains why certain bids were found to be unresponsive to the Solicitation and why certain Bidders were found not to be Responsible. This section provides the cost analysis and explains the Project Manager's recommendation.
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FISCAL IMPACT
This section should identify the proposed source of funding for the Procurement and disclose if the Procurement is related to a federally funded project. This section may include the following language:
"Funds for the recommended action have been included in the (identify the department) budget for fiscal year (identify the year)"
Or
" Authorize the Finance Department to allocate funds in the amount of (a dollar amount) from the unobligated fund balance in fund number (enter an account number)to account number (enter an account number)."
SECTION VIII. PUBLIC PROJECTS
Public Projects. Expenditures for public projects shall be contracted in accordance with Section 22000 et seq. of the Public Contracts Code.
Public projects under the California Uniform Public Construction Cost Accounting Act have different bid limits than the limits listed above. Public projects under the California Uniform Public Construction Cost Accounting Act are any of the following:
• Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility. • Painting or repainting of any publicly owned, leased, or operated facility. • For a publicly owned utility system, “public projects” include only the construction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.
Public projects do not include maintenance work. Maintenance work encompasses all of the following:
• Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.
• Minor repainting.
• Resurfacing of streets and highways at less than one inch. • Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. • Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal {CW138439.1}
systems, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.
The Legislature regularly updates the bid limits for public projects, and the most updated limits can be found at Section 22032 of the Public Contract Code. As of the date of this policy, the following bid limits apply:
• Public projects of sixty thousand dollars ($60,000) or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order.
• Public projects of two hundred thousand dollars ($200,000) or less may be contracted by the following informal procedures:
o Notice should be provided to contractors by either or both of the below methods:
▪ All contractors on the list for the category of work being bid must be mailed, faxed, or emailed a notice inviting informal bids unless the product or service is proprietary. All mailing of notices to contractors must be completed at least ten (10) calendar days before bids are due. ▪ Notice inviting informal bids may be mailed, faxed, or emailed to all construction trade journals specified in Section 22036 of the Public Contract Code.
o The notice inviting informal bids must describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids.
o If all bids received are over two hundred thousand dollars ($200,000), the city council can, by resolution with a four-fifths vote, award the contract, at two hundred twelve thousand five hundred dollars ($212,500) or less, to the lowest responsible bidder. The city council must determine that the City’s cost estimate was reasonable.
• Public projects of more than two hundred thousand dollars ($200,000) must be contracted by formal bidding procedure.
If no bids are received through the formal or informal procedure, the project may be performed by City employees by force account or negotiated contract without further complying with the bid process.
In its discretion, the City may reject any bids presented, if the City, prior to rejecting all bids and declaring that the project can be more economically performed by City employees, furnishes a written notice to an apparent low bidder. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the City may:
(1) Abandon the project or readvertise for bids; or
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(2) By passage of a resolution by a four-fifths vote of the city council declaring that the project can be performed more economically by City employees, may have the project done by force account without further complying with the bid process.
SECTION VIX: FEDERAL OR STATE FUNDED PROJECTS
Any purchase that can conceivably be related to a project that has received funding from federal sources shall be deemed a federally funded purchase and shall receive the additional scrutiny or policy measures necessary to comply with the Federal Acquisition Regulation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”), regulations and procedures of relevant agencies, and other federal law.
When necessary to ensure compliance, the Project Manager will include the needed provisions in its contracts with vendors.
When the Project Manager determines that the purchase is related to federal funding, it shall follow these additional procedures:
Generally.
Federal Acquisition Regulations and Uniform Guidance. In carrying out the Procurement process, the Project Manager will adhere to the Federal Acquisition Regulation and Uniform Guidance for all procurements related to federally funded projects.
Reporting. The Project Manager shall comply with federal regulations requiring periodic reporting for funding received.
Grant Specific Requirements. For each grant, the Project Manager shall create a checklist of all of the requirements for the use of the grant funds. When a purchase is related to a specific grant-funded project, the Project Manager will use the checklist to ensure that all of the specific grant requirements have been followed.
Labor Requirements. The Project Manager shall adhere to the requirements of the DavisBacon and Related Acts when entering into any contract. Additionally, the Project Manager shall comply with Title VI of the Civil Rights Act of 1964.
CCR Registration. The Project Manager will ensure that any vendor it contracts with for a federally funded project follow requirements to register with the System for Award Management (www.sam.gov)Buy American. The Project Manager will ensure that Procurements comply with federal requirements that American iron, steel, manufactured products, and construction materials are used, unless an exemption applies.
Davis-Bacon Wage Rates. The Project Manager will ensure that Procurements comply with federal labor requirements, including the Davis-Bacon and Related Acts. The Project Manager will require that workers are paid at least the applicable wage determination required. The Project Manager will make sure that Certified payrolls are checked for compliance and will retain records for any contractor.
Segregated Accounting. In accordance with ARRA, the American Rescue Plan Act, or any {CW138439.1}
other federal funding requiring segregated accounting, the Project Manager will track, report and account for the funds separately from other funding.
Whistleblower Protection. The City extends protection to Project Managers and Vendors for any whistleblower actions.
Bid Contents. All Solicitations, bid packages and contracts shall include information about federal funded project requirements. These documents shall also include a Notice to Contractors and Special Provisions and a Debarment and Suspension Certification form specific to the federal agency funding the project. Additionally, the Project Manager will ensure that specific information must be posted at the job site.
Solicitation Contents. The Project Manager shall include in the Solicitation a statement of the City's obligations regarding the use of federal or state grant funds as is applicable to the procurement. The Project Manager shall include the following language in all Solicitations:
"ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively insure that in any agreement entered into pursuant to this Solicitation, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age or disability in consideration for an award." Termination of Contracts. The Project Manager shall ensure that all Procurement contracts contain provisions stating when the City can terminate a contract and the basis for settlement.
Additionally, the Project Manager will inform the proper federal or state agency in the event of a contract termination or settlement.
Additional Bidding Procedural Measures.
Time. The period of time when the City accepts bids (the "Solicitation Period") shall be at least three weeks unless the Project Manager receives approval from the governing federal authority to shorten the Solicitation Period.
Evaluation of Bids. The Project Manager shall review all bids to make sure they are responsive, in accordance with this Policy, and that the Bidder is reliable, in accordance with this Policy.
In addition to verifying that every Bidder has submitted a Debarment and Suspension Certification form pursuant to Title 49, Code of Federal Regulations, Part 29, the Project Manager shall search for each Bidder on the System for Award Management website available at www.sam.gov to make sure that the Bidder is not suspended or debarred from receiving federal funds. Any Bidders who appear as suspended or debarred shall be deemed an "Unreliable Bidder" and shall be ineligible to receive the contract. The Project Manager will retain a dated copy of each search for every Bidder who submits a bid. Additionally, once a bid is selected, the Project Manager shall file a copy of the dated search on the System for Award Management website for the successful Bidder in the project file. {CW138439.1}
SECTION X. ADDITIONAL REQUIREMENTS FOR
TRANSPORTATION SPECIFIC PROJECTS
Transportation Projects. When the procurement is related to a federal or state funded transportation project, the Project Manager will adhere to the procedures set forth in the Local Assistance Procedures Manual (the "Manual") prepared by the California Department of Transportation.
Cost Estimate. When possible, the Project Manager shall use the most recent Contract Cost Data released from the California Department of Transportation to estimate the cost of the materials or services being procured.
Approval. For major federally financed National Highway System projects, the Project Manager shall comply with the requisite procedures to get approval from the District Local Assistance Engineer ("DLAE") and an obtain an "Authorization to Proceed" from the Caltrans Local Assistance Engineer, as described in the Manual. The Project Manager will develop a Local Agency Construction Contract Administration Checklist for each project as described in the Manual.
Solicitation. After the Project Manager receives an Authorization to Proceed from Caltrans, the Project Manager shall follow the procedures of the Manual to solicit the project to prospective Bidders based on the nature of the project. The Project Manager shall certify that it is in compliance with federal and state regulations and procedures and shall create a Local Agency Project Advertising Checklist. The Project Manager will take any necessary steps to ensure that Disadvantaged Business Enterprises, as described in the Manual, have an opportunity to compete.
Bid Analysis. The Project Manager will use the most recent edition of the Caltrans Contract Cost Data publication as a factor in its bid analysis. The Project Manager will also compare the bids to the estimated cost to evaluate whether they are unbalanced.
Record-keeping. Once a Bidder is selected, the Project Manager shall keep on file the following forms: (1) Local Agency Bidder UDBE Commitment, (2) Local Agency Bidder DBE Information, (3) A list of bidders and total amounts bid with an item-by-item breakdown of the three lowest bidders, (4) The Non collusion Affidavit, (5) A Local Agency Bid Opening Checklist.
After the contract has been awarded, the Project Manager will complete the following document package and forward it to the District Local Assistance Engineer:
(1) Local Agency Contract Award Checklist;
(2) Detail Estimate;
(3) Finance Letter;
(4) Resident Engineer's Construction Contract Administration Checklist; and (5) Copy of the Local Agency Bidder DBE Information.
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Cost Modification. If at any time the cost of the procurement is expected to exceed the amount of the bid, the City shall submit a Revised Detail Estimate, a request for modification of the Authorization to Proceed (E-76), and a revised finance letter. The Revised Detail Estimate should include all of the effects from the change and explain any anticipated changes in work through the end of the contract.
If there are not sufficient grant funds available for the modification, the City shall first obtain written approval from the appropriate agencies before submitting the Revised Detail Estimate.
Post Bid Selection. Once a bid is selected, the City will follow the guidelines in the Manual for executing the necessary contracts and reporting to the proper state and federal agencies. {CW138439.1}
CITY OF PATTERSON
CONFLICT OF INTEREST STATEMENT CERTIFICATION
Employees of the City of Patterson (the "City") involved in soliciting bids, preparing procurement documents, approving procurement documents, receiving goods, and services, approving payment, and making any payment pursuant to the City's Procurement Policy (the "Policy") are required to execute this signed Conflict of Interest Statement Certification ("Conflict of Interest Statement"). A copy of the executed Conflict of Interest Statement shall be kept in the employee's permanent personnel file for review. Failure to do so may result in the loss of delegated purchasing or contracting authority for the individual or the entire department.
Code of Conduct:
(a) Employee Accountability. All employees of the City involved in procurement procedures will adhere to the following code of conduct. In the event that an employee violates this code of conduct, the employee shall be subject to penalties, sanctions or other disciplinary measures as permitted by state and federal law and the City's employment policies. (b) Incompatible Activities. All employees of the City under the Policy shall avoid acting in a way that is incompatible with their duties to the City. All employees of the City who are involved in the procurement process shall review the Policy and shall sign a Conflict of Interest Statement that attests to their understanding of their obligations under the Policy and Code of Conduct and their agreement to comply with these obligations. This form shall be placed in the employee's permanent personnel file. Employees shall not do the following:
(1) Use the prestige or influence of his or her position for his or her personal benefit or the personal benefit of another.
(2) Use City, state, or federal resources such as time, facilities, equipment or supplies for personal benefit.
(3) Use confidential information available through his or her position for personal benefit or providing this confidential information to people not authorized to receive it; (4) Receive or accept money or any consideration from anyone other than the City for performing duties as a City officer or employee;
(5) Perform an act, outside his or her official capacity, that the employee knows could later be subject to the employee's control, review, audit or enforcement due to the employee's position;
{CW138439.1}
(6) Receive or accept, directly or indirectly, any gift, service, gratuity, favor, entertainment, hospitality, loan, or any other thing of value from anyone who is doing or is seeking to do business of any kind with the Employee's appointing authority or whose activities are regulated or controlled by the appointing authority under circumstances from which it reasonably could substantiated that the gift was intended to influence or reward the Employee regarding official actions. (c) Conflict of Interest. For the purposes of this policy, employees shall avoid any conflicts of interest that arise out of the Political Reform Act, Fair Political Practices Commission Regulations, and Government Code sections 1090 through 1099. Additionally, an employee shall not be involved in the bid selection process if the employee, the employee's partner, the employee's immediate family or an organization employing any such persons has a financial or other interest in one of the bidders.
(d) Federal Regulations. When the procurement transaction involves a federally funded project, the employee will follow the regulations set forth in the Federal Acquisition Regulation, Part 3: Improper Business Practices and Personal Conflicts of interest.
I, , certify that I have read, understand, and will comply with the Code of Conduct set forth above. Further I certify that I have read, understand, and will comply with the City's Policy.
Signature:
Date:
Title:
Department: