City Council Agenda June 18, 2024
CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET
PORTERVILLE, CALIFORNIA
JUNE 18, 2024, 5:30 PM
The City of Porterville is allowing for electronic viewing of City Council Meetings. Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/@cityofporterville4149
Alternatively, this meeting will also be available via Zoom as a courtesy using the following information
City of Porterville – City Council Meeting of June 18, 2024 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/82795410856?pwd=wYdREzB0RU7pM_IKump7D7sB1xxRiw.W 4Rhriiw8-Ddyx3V
Or via Telephone: 1-669-900-6833 Webinar ID: 827 9541 0856 Passcode: 560764 Call to Order
Roll Call
ORAL COMMUNICATIONS
This is the opportunity to address the City Council on any matter scheduled for Closed Session. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.
CITY COUNCIL CLOSED SESSION:
A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: 23611 Road 196, Lindsay, CA. Agency Negotiator: Jason Ridenour. Negotiating Parties: City of Porterville and County of Tulare. Under Negotiations: Terms and Price.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Matthew Carroll. Agency claimed against: City of Porterville.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Gary Sell, Jr. Agency claimed against: City of Porterville.
4 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Two (2) cases in which facts are not yet known to potential plaintiff.
City Council Agenda June 18, 2024
5 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Three (3) cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION
TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Council Member Beltran
Invocation
PRESENTATIONS
July Employee of the Month - Rachel Ginsberg
Police Department Recognition for Policy Updates and Training
ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Please address all items not scheduled for public hearing at this time.
Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.
REPORTS
This is the time for all committee/commission/board reports; subcommittee reports; and staff informational items.
I. City Commission and Committee Meetings
1. Parks & Leisure Services Commission - (On Summer Hiatus)
2. Library & Literacy Commission - (On Summer Hiatus)
3. Arts Commission
4. Animal Control Commission
5. Youth Commission - (On Summer Hiatus)
6. Transactions and Use Tax Oversight Committee (TUTOC) - May 28, 2024 II. Staff Informational Reports
Water Conservation Phase IV Status Update - May 2024
CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion.
There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar. All items removed from the Consent Calendar for further discussion will be heard at the end of Scheduled Matters.
City Council Agenda June 18, 2024
1. Approval of Draft Minutes of June 4, 2024
Re: Considering approval of the City Council draft Minutes of June 4, 2024.
2. Authorization to Negotiate the Purchase of Police Vehicles Re: Consideration to authorize staff to negotiate the purchase of four (4) Police Interceptor Ford Explorers up to a total cost not to exceed $238,500, as well as upfit of emergency equipment; and due to the unique purchasing parameters requested, staff is further requesting a ten percent (10%) contingency for the total purchase.
3. Authorization to Purchase Bleachers for the Santa Fe Sportsplex through CDBG Park Improvement Funds
Re: Council to authorize the purchase of bleachers for the future Santa Fe Sportsplex through Community Development Block Grant Park Improvement Funds from WillyGoat for $57,092.71.
4. Authorization to Purchase Applicant Tracking Software and Services with NEOGOV
Re: Consideration to approve a contract with NEOGOV for applicant tracking software and services at a cost of $4,800 for start-up, $35,299 for the first two years, and $25,000 annually thereafter.
5. Ice Machine Replacement at Fire Station 72 Training Facility Re: Consideration to approve the replacement and installation of a new commercialgrade ice machine for the fire department training facility and Station 72, at a cost not to exceed $10,010 from Mike Woods Air conditioning.
6. Authorization to Participate in Cooperative Purchasing Programs on Existing Asphalt Contracts
Re: Consider authorization to participate in Cooperative Purchasing Programs on Existing Asphalt Contracts between the County of Tulare and Jaxon Enterprises.
7. Authorization to Distribute Request for Proposals - Golf Course Management Services
Re: Consideration to authorize staff to distribute request for proposals for golf course management services at the Porterville Municipal Golf Course.
8. Acceptance of Project - Main Street Reconstruction Project (Putnam Avenue to Morton Avenue)
Re: Consideration to accept the Main Street Reconstruction Project (Putnam Avenue to Morton Avenue) from Granite Construction Company as complete for a total construction cost of $1,903,893.41.
9. Acceptance of Project - Skatepark Improvement Project Re: Consideration to accept the Skatepark Improvement Project, as complete.
10. Extension of Funding Agreement with Kern Community College District (Porterville College) for a Part-time Reserve Police Officer Re: Consideration to approve the Extension Agreement by Kern Community College District for funding for a part-time Reserve Police Officer for the period of July 1, 2024, through June 30, 2025.
11. Heritage Center Land Acquisition General Plan Consistency Determination City Council Agenda June 18, 2024
Re: Consideration to adopt a draft resolution detailing the results of its investigations pursuant to Public Resources Code Section 21151.2 and Government Code Section 65402(c) concerning the property at 256 W. Orange Avenue in Porterville.
12. Amendment No. 2 to 4Creeks, Inc. Santa Fe Byway Trail Service Agreement Re: Consideration to approve Amendment No. 2 to 4Creeks, Inc. Santa Fe Byway Trail Agreement at an agreed upon fee of $26,377.32.
13. Permanent Local Housing Allocation (PLHA) Year 4 Application Re: Consideration to authorize the signing of the streamlined application for the 2022 Permanent Local Housing Allocation (PLHA) funding allocation for submittal to the California Department of Housing and Community Development (HCD).
14. Approve Revised FTA Procurement and Contract Administration Manual Re: Consideration to adopt the draft resolution approving the revised Procurement and Contract Administration Manual.
15. Request for Approval of a 90-Day Zero-Fare Program for Public Transportation Services Transition
Re: Consideration to approve the 90-day zero-fare program for Porterville Transit services, including fixed route and ADA paratransit services, effective July 1, 2024, and ending September 29, 2024.
16. Authorization for Out-of-State Travel For FEMA Operations Section Chief Class
Re: Council authorization for out-of-state travel for Battalion Chief Chris Pisani to attend the FEMA L-958 All-Hazard Operations Section Chief course in Carson City, Nevada, from June 25th to June 28th, 2024, with travel expenses not to exceed $500.
17. State Senate Bill 1205 Annual Fire Department Inspection Reporting Re: Consideration to adopt a draft resolution acknowledging receipt of the Fire Chief’s Annual Report regarding the department's inspection of specific buildings and occupancies pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.
18. Ratification of New Classification and Approval of Job Description for Encampment Maintenance Worker Full and Part-Time Positions Re: Consideration of the Council to affirm the establishment of the classifications of full-time and part-time Encampment Maintenance Worker.
19. Approval of Community Civic Event - Parenting Network - Summer Picnic - June 21, 2024
Considering approval of a community civic event to take place on June 21, 2024, from 12:00 P.M. to 2:00 P.M. at Zalud Park.
20. Approval of Community Civic Event - Parenting Network - Grilling with Dads - June 29, 2024
Re: Consideration of a community civic event scheduled to take place on June 29, 2024, from 10:00 A.M. to 1:00 P.M. at Zalud Park.
21. Approval of Community Civic Event - Porterville Kiwanis Club - Watermelon Festival - July 28, 2024
City Council Agenda June 18, 2024
Re: Consideration of a community civic event scheduled to take place on July 28, 2024, from 10:00 A.M. to 7:00 P.M. at Veterans Park.
22. Approval of Community Civic Event - Parenting Network - Back to School Party - August 2, 2024
Re: Considering approval of a community civic event scheduled to take place on August 2, 2024, from 10:00 A.M. to 2:00 P.M. at Zalud Park.
23. Status and Review of Declaration of Local Flood Emergency Re: Review of the Declaration of Local Emergency made on March 13, 2023, concerning the significant weather event and impacts or likely impacts relative to increased flow of the Tule River.
A Council Meeting Recess Will Occur at 8:30 p.m., or as Close to That Time as Possible
PUBLIC HEARINGS
24. Adoption of Fiscal Year 2024-2025 Budget
Re: A public hearing to receive public comment; and consideration of the proposed 2024-2025 FY Budget.
SCHEDULED MATTERS
25. Consideration of Calling November 5, 2024, General Election; Requesting Consolidation of Election; and Setting Specified Services Re: Considering the consolidation of the Municipal Election of November 5, 2024, with Tulare County and setting election precepts.
26. Authorization to Execute Transportation Services Agreement - Transit Management, Operations, and Maintenance of Porterville Transit Re: Council authorization to execute the Transportation Services Agreement with Tree's Sierra Management, Inc (dba SM Transit) for the Transit Management, Operations, and Maintenance of Porterville Transit.
AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3.
1. Local Initiatives Navigation Center (LINC) Committee - June 5, 2024
2. Eastern Tule Groundwater Sustainability Agency (ETGSA) - June 6, 2024
3. Tulare County Water Commission - June 10, 2024
4. Flag Day Committee - June 11, 2024
5. Local Initiatives Navigation Center (LINC) Committee - June 12, 2024
5. Tulare County Association of Governments (TCAG)/Tulare County Transportation Authority (TCTA) - June 17, 2024
City Council Agenda June 18, 2024
ORAL COMMUNICATIONS
OTHER MATTERS
CLOSED SESSION
Any Closed Session Items not completed prior to 6:30 p.m. will be considered at this time.
ADJOURNMENT - to the meeting of July 16, 2024, at 5:30 P.M.
In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.
Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection during normal business hours at the Office of City Clerk, 291 North Main Street, Porterville, CA 93257, and on the City’s website at www.ci.porterville.ca.us.
CITY COUNCIL AGENDA – JUNE 18, 2024
SUBJECT: Water Conservation Phase IV Status Update - May 2024 SOURCE: Public Works
COMMENT: The City has continued to implement an active water conservation approach, conserving and providing flexibility to the community. The City transitioned from Phase III to Phase IV of the City's Water Conservation Plan as of October 1, 2023. The Water Conservation Plan applies to all municipal water users within or outside the city limits.
The Phase IV plan reduces outdoor watering to one day per week, with "odd" addresses allowed to water on Saturday and "even" addresses allowed to water on Sunday. Outdoor watering is prohibited between the hours of 5 a.m. to 10 a.m. and 5 p.m. to 10 p.m., with no watering allowed on Monday, Tuesday, Wednesday, Thursday, or Friday. Watering outdoor landscaping is prohibited during and within forty-eight (48) hours after measurable rainfall, which is now defined as greater than 0.01 inch.
Violations of prohibited activities are considered infractions and are punishable by fines of up to $500 each day the violation occurs. Any peace officer or employee of a public agency charged with enforcing laws and authorized to do so by ordinance may issue a citation to the violator. The City will respond to enforcement by issuing a Notice of Violation for all witnessed occurrences, and staff will process all reported issues. Enforcement statistics for May 2024 show that seven (7) notices of violations were issued for water waste, and two (2) administrative citations were issued.
Water production for May 2024 reflects a twelve percent (12%) decrease from the five-year average. The monthly production for May was 274 million gallons, which is a forty-two percent (42%) decrease compared to May 2013, when it was 472 million gallons. Residential consumption for May 2024 was 102 gallons per capita per day (GPCD).
Compliance with individual water supplier conservation requirements is based on cumulative savings. Cumulative tracking means that conservation savings will be added together from one month to the next and compared to the amount of water used during the same months in 2013. City Staff will evaluate conservation totals in two formats: 1) Calculate the cumulative conservation totals for production as compared to production in 2013, and 2) Calculate cumulative conservation totals in relation to GPCD in efforts to evaluate population growth impacts on production as compared to 2013. The cumulative total production for the City of Porterville's conservation efforts will be reflected from May 2015 through May 2024. Porterville's cumulative total production conservation through May 2024 is twenty percent (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from May 2015 through May 2024. Porterville's cumulative total GPCD conservation through May 2024 is twenty-five percent (25%).
Under the February 2, 2016, emergency regulation, the City of Porterville received a revised conservation standard of twenty-eight percent (28%) with an additional two percent (2%) reduction for climate adjustment, making the City’s conservation standard twenty-six percent (26%). After reviewing the Water Board's Self-Certification criteria for drought impacts on water supplies, the City Council approved maintaining a self-imposed standard of twenty-six percent (26%). The continuation of the current conservation goal keeps a standardized message that the City has worked to develop in public outreach, provides resiliency and capacity to ensure three years of supply under drought conditions, and meets the minimum twenty percent (20%) conservation standard defined in the City's Urban Water Management Plan, and assists the City in meeting the requirements of the Sustainable Groundwater Management Act (SGMA).
The State Water Board requires monthly reporting to track what agencies are doing and how they perform throughout the year. Proposed permanent regulations will require agency reporting to continue monitoring urban water conservation performance with a preparedness to implement conservation standards as necessary. California Governor Gavin Newsom signed Executive Order N-10-21 on July 8, 2021, urging all Californians to voluntarily reduce their water use by fifteen percent (15%) compared to their prior-year levels due to excessive drought conditions. Water production for the City system shows a thirteen percent (13%) decrease from May 2023 to May 2024. California Governor Gavin Newsom issued another Executive Order N-7-22 on March 28, 2022, to address drought conditions after the driest first three months of a year in recorded history. EO N-7-22 requires that each water supplier implements, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (20%). The City of Porterville's Water Conservation Plan Phase III meets the requirements for this shortage (Level 2). California Governor Gavin Newsom signed Executive Order N-3-23 on February 13, 2023, stating the state has experienced one of the wettest three-week periods on record. With this order, California Governor Gavin Newsom removed the need to voluntarily reduce water use by fifteen percent (15%), as stated in the previous Executive Order N-10-21.
RECOMMENDATION: Information Only
ATTACHMENTS: 1. Monthly Production Status May 2024
2. Monthly Production Status GPCD May 2024
3. Drought Response Phase IV Flyer
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
0 100
200
300
400
500
600
1 2 3 4 5 6 7 8 9 10 11 12 Million Gallons/Month
Monthly Production Status & Cumulative Total June 2015 Through May 2024 Production Comparison to 2013 & 5 Year Average 2013
2020
2021
2022
2023
2024
5 Year AVG
0.00 25.00
50.00 75.00
100.00
125.00
150.00
175.00
200.00
225.00
1 2 3 4 5 6 7 8 9 10 11 12 Gallons Per Capita Day
Month
Monthly Production Status & Cumulative Total June 2015 Through May 2024 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2020
2021
2022
2023
2024
5 Year AVG
The City of Porterville has adopted Phase IV of its Drought Response Plan.
As part of the Phase IV plan, the City has restricted watering days to one day per week, based on address.
Mandatory
Odd/Even Watering
Schedule
Excessive water
runoff prohibited
The washing of
sidewalks and driveways
is prohibited
Vehicles shall only be
washed on designated
watering days and with
hoses equipped with a
shut-off nozzle
Ornamental water
features are prohibited
unless the fountain uses
a recycling system
WATERING PROHIBITED
BETWEEN THE HOURS OF
5:00 – 10:00 AM
5:00 – 10:00 PM
NO WATERING
MONDAY THROUGH
FRIDAY.
ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
your watering day is Saturday only.
EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
your watering day is Sunday only.
OR
Item No. 1.
CITY COUNCIL AGENDA – JUNE 18, 2024
SUBJECT: Approval of Draft Minutes of June 4, 2024
SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of June 4, 2024.
RECOMMENDATION: That the Council approve the draft Minutes of June 4, 2024.
ATTACHMENTS: 1. Draft Minutes 06-04-2024
Appropriated/Funded:
Review By:
Department Director:
Yuliana Andrade, Acting Administrative Services Director Final Approver: Yuliana Andrade, Acting Administrative Services Director
CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET
PORTERVILLE, CALIFORNIA
JUNE 4, 2024, 5:30 PM
Call to Order at 5:30 p.m.
Roll Call: Council Member Greg Meister, Council Member Raymond Beltran, Council Member Donald Weyhrauch, Vice Mayor Kellie Carrillo, Mayor Martha A. Flores
ORAL COMMUNICATIONS
None.
CITY COUNCIL CLOSED SESSION:
A. Closed Session Pursuant to:
1 - Government Code Section 54956.95 – Liability Claim: Claimant: Patricia Vasquez.
Agency Claimed Against: City of Porterville.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Darleta Swearingen. Agency Claimed Against: City of Porterville. 3 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Enrique Martinez v. Jorge Solis Echeveste, et al., Tulare County Superior Court Case No. PCU 301118.
4 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Jimmy Sanchez v. Porterville Unified School District, et al., Tulare County Superior Court Case No. PCU 307301.
5 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: One (1) case in which facts are not yet known to potential plaintiff.
6 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Two cases. 6:35 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION
TAKEN IN CLOSED SESSION
City Attorney Lew reported action pertaining to A-1, as follows:
A-1. On a MOTION made by Council Member Weyhrauch, and SECONDED by Vice Mayor Carrillo the City Council unanimously rejected the claim filed by Patricia Vasquez.
Documentation: M.O. 01-060424
Disposition: Claim rejected.
The Pledge of Allegiance was led by Council Member Meister.
Invocation – a moment of silence was observed.
PRESENTATIONS
Employee of the Month - Lori Halleck
ORAL COMMUNICATIONS
• Brock Neeley, Porterville, presented the council with documentation related to a Facebook post made by Council Member Meister.
• Elizabeth, Porterville, stated she has an issue with the amount of trash that is left by those experiencing homelessness, on Main Street.
• Cathy Capone, Porterville, spoke in favor of Item No. 23 and stated the city should think carefully about what they consider putting on the property.
CONSENT CALENDAR
There were no items pulled from the Consent Calendar for discussion.
COUNCIL ACTION: MOVED by Council Member Weyhrauch, SECONDED by Council Member Meister that the City Council approve Items Nos. 1-27. The motion carried unanimously.
1. LEASE OF SIX ADDITIONAL AUTOMATED LICENSE PLATE
READERS FROM FLOCK SAFETY
Recommendation: That the City Council:
1. Authorize the Police Department to enter into a new five-year lease agreement with Flock Safety to install six (6) additional cameras and increase coverage to twelve (12) cameras for a total cost of $180,000 over five years ($36,000/year); and
2. Authorize staff to sign all necessary documents regarding the contract and make payments per the contract language.
Documentation: M.O. 02-060424
Disposition: Approved.
2. REQUEST TO PURCHASE A TAPE BACKUP SYSTEM FOR DATA
PROTECTION AND RECOVERY
Recommendation: That the City Council authorize the purchase of a Dell EMC ML3 Tape Library through our Dell Premier contract for $14,176.43, plus applicable taxes and shipping.
Documentation: M.O. 03-060424
Disposition: Approved.
3. REQUEST FOR APPROVAL TO PURCHASE SOPHOS XGS 3100
SECURITY DEVICES
Recommendation: That the City Council authorize the purchase of the Sophos XGS 3100 firewall appliances from SHI at a cost of $20,340.98, plus applicable sales tax and shipping.
Documentation: M.O. 04-060424
Disposition: Approved.
4. AUTHORIZATION TO PURCHASE SECURITY MONITORING SYSTEM
FOR THE NEW ANIMAL SHELTER
Recommendation: That the City Council authorize staff to enter into an agreement with STOP Alarm for the installation of a security monitoring system at the Animal Shelter.
Documentation: M.O. 05-060424
Disposition: Approved.
5. AUTHORIZATION FOR SPECIALIZED SERVICES-ALLMAX
SOFTWARE CUSTOM REPORT WORK
Recommendation: That the City Council:
1. Award the software custom report work to AllMax Software in the not to exceed amount of $7,500;
2. Direct the Finance Director to initiate a Purchase Order to AllMax Software in the not to exceed amount of $7,500; and
3. Direct the Finance Director to make payment to AllMax Software upon receipt of an invoice approved by the Public Works Director.
Documentation: M.O. 06-060424
Disposition: Approved.
6. AUTHORIZATION TO AWARD ANNUAL POLYMER PURCHASE
CONTRACT
Recommendation: That the City Council:
1. Award the Wastewater Treatment Facility Annual Polymer Contract to Aqua Ben Corporation for a submitted quote of $1.85/pound for polymer HF 714F; and
2. Authorize the Public Works Director to sign the Wastewater Treatment Facility Annual Polymer Contract with the option to extend the contract for an additional one-year term providing both parties mutually agree to any price adjustments after the first year.
Documentation: M.O. 07-060424
Disposition: Approved.
7. AUTHORIZATION TO AWARD FERRIC CHLORIDE PURCHASE
CONTRACT
Recommendation: That the City Council:
1.Award the Wastewater Treatment Facility Annual Ferric Chloride Contract to California Water Technologies for the submitted quote of $0.265/wet Ib for ferric chloride; and
2. Authorize the Public Works Director to sign the Wastewater Treatment Facility Annual Ferric Chloride Contract with the option to extend the contract for an additional one-year term providing both parties mutually agree to any price adjustments after the first year.
Documentation: M.O. 08-060424
Disposition: Approved.
8. AUTHORIZATION TO DISTRIBUTE REQUEST FOR QUALIFICATIONS (RFQ) FOR PROFESSIONAL CONSULTING SERVICES -
DEVELOPMENT OF AN ACTIVE TRANSPORTATION PLAN
Recommendation: That City Council authorize staff to distribute a Request for Qualifications for Consulting Services for the development of an active transportation plan.
Documentation: M.O. 09-060424
Disposition: Approved.
9. APPROVAL OF THE 2024 UPDATE TO THE SANITARY SEWER
MANAGEMENT PLAN
Recommendation: That the City Council approve the draft resolution, adopting the 2024 Update to the City of Porterville’s Sanitary Sewer Management Plan.
Documentation: Resolution No. 27-2024
Disposition: Approved.
10. ANNUAL EMULSION PROGRAM FOR FISCAL YEAR 2024/2025
Recommendation: That the City Council:
1. Authorize staff to utilize emulsion distributor Standard Emulsion Inc. for the Fiscal Year 2024/2025;
2. Allow staff to substitute emulsion distributors pending schedule conflicts as ranked by the quote for services; and
3. Allow for fund expenditures as defined by the operation of services from the Self-Performed Street Maintenance Program.
Documentation: M.O. 10-060424
Disposition: Approved.
11. REQUEST FOR APPROVAL OF THE SELF-PERFORMED STREET
MAINTENANCE PROGRAM FOR FISCAL YEAR 2024-2025
Recommendation: That the City Council:
1. Approve the Fiscal Year 2024-2025 Self-Performed Street Maintenance Program; and
2. Authorize the expenditure of $2,000,000 in Fiscal Year 2024-2025 for the Self-Performed Street Maintenance Program.
Documentation: M.O. 11-060424
Disposition: Approved.
12. ANNUAL HAULING SERVICES FOR ASPHALT MAINTENANCE
PROGRAM YEAR 2024/2025
Recommendation: That the City Council:
1. Authorize staff to utilize an annual hauling services contractor, Mike Clark Trucking, for the Fiscal Year 2024-2025;
2. Allow staff to substitute annual hauling contractor pending schedule conflicts as ranked by the quote for services;
3. Allow for fund expenditures as defined by the operation of services from the Capital Improvement Project List and Self-performed Street Maintenance Overlay Program; and
4. Authorize payment of services upon satisfactory completion.
Documentation: M.O. 12-060424
Disposition: Approved.
13. ASPHALT GRINDING PROGRAM FOR FISCAL YEAR 2024-2025
Recommendation: That the City Council:
1. Authorize staff to utilize annual grinding contractor J. Mack Enterprises, Inc. for Fiscal Year 2024-2025; and
2. Allow staff to substitute annual grinding contractor pending schedule conflicts as ranked by the quote for services.
Documentation: M.O. 13-060424
Disposition: Approved.
14. STREET STRIPING PROGRAM FOR FISCAL YEAR 2024-2025
Recommendation: That the City Council:
1. Authorize staff to utilize annual striping contractor T&T Pavement Markings and Products Inc. for Fiscal Year 2024-2025;
2. Allow staff to substitute striping contractors pending schedule conflicts as ranked by the quote for services;
3. Allow for fund expenditures as defined by the operation of services from the Self-Performed Street Maintenance program; and
4. Authorize payment of services upon satisfactory completion.
Documentation: M.O. 14-060424
Disposition: Approved.
15. AUTHORIZATION TO NEGOTIATE A CONSULTANT CONTRACT -
TRANSIT MANAGEMENT, OPERATIONS, AND MAINTENANCE OF
PORTERVILLE TRANSIT
Recommendation: That the City Council authorize staff to negotiate a scope of services contract with Tree's Sierra Management, Inc (dba SM Transit) for the Transit Management, Operations, and Maintenance of Porterville Transit.
Documentation: M.O. 15-060424
Disposition: Approved.
16. DESIGNATION OF AUTHORITY AND ASSIGNED ROLES TO THE
FTA TRAMS AND ECHO SYSTEMS
Recommendation: That the City Council adopt the draft resolution designating authority and assignment of roles to the FTA's TrAMS and ECHO-web systems.
Documentation: Resolution No. 28-2024
Disposition: Approved.
17. CERTIFY FEDERAL FISCAL YEAR 2024 CERTIFICATIONS AND
ASSURANCES FOR FTA ASSISTANCE PROGRAMS
Recommendation: That the City Council authorize the City Manager and Attorney to sign and certify the Federal Fiscal Year 2024 FTA Annual Certifications and Assurance.
Documentation: M.O. 16-060424
Disposition: Approved.
18. AUTHORIZATION FOR CITY OF PORTERVILLE FIRE DEPARTMENT
TO HOST CHIEF FIRE OFFICER SERIES OF CLASSES
Recommendation: That City Council authorize the City of Porterville Fire Department to contract with Mike Kraus Leadership to present the Chief Fire Officer series consisting of classes 3A, 3B, 3C, and 3D certified by California State Fire Training in an amount not to exceed $35,000.
Documentation: M.O. 17-060424
Disposition: Approved.
19. AUTHORIZATION FOR OUT OF STATE TRAVEL
Recommendation: That the City Council approve the out-of-state travel for a Porterville Police Detective to attend the Drug Enforcement Agency Illicit Hazardous Environment State and Local Basic Technician (SLT) Course in Quantico, Virginia.
Documentation: M.O. 18-060424
Disposition: Approved.
20. COOPERATIVE AGREEMENT WITH CALIFORNIA HIGHWAY PATROL
FOR USE OF THE POLICE FIRING RANGE
Recommendation: That the City Council:
1. Approve the Agreement for the period of 07/01/24, thru 06/30/27; and
2. Authorize the Chief of Police to execute the agreement on behalf of the City of Porterville.
Documentation: M.O. 19-060424
Disposition: Approved.
21. JOINT FUNDING AGREEMENT WITH PORTERVILLE UNIFIED
SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICERS
Recommendation: That the City Council:
1. Approve the Agreement for Joint Funding for School Resource Officers with Porterville Unified School District for the period of July 1, 2024, through June 30, 2025; and
2. Authorize the Chief of Police to execute the agreements on behalf of the City of Porterville.
Documentation: M.O. 20-060424
Disposition: Approved.
22. JOINT FUNDING AGREEMENT BURTON SCHOOL DISTRICT FOR A
SCHOOL RESOURCE OFFICER
Recommendation: That the City Council:
1. Approve the Agreement with Burton School District for Joint Funding for a School Resource Officer for the period of July 1, 2024, through June 30, 2025; and
2. Authorize the Chief of Police to execute the agreements on behalf of the City of Porterville.
Documentation: M.O. 21-060421
Disposition: Approved.
23. ACCEPTANCE OF GRANT DEED BY DONATION FOR REAL
PROPERTY APN 259-040-047 FROM SMEE HOMES, INC.
Recommendation: That the City Council adopt the draft resolution for the acceptance of the donation of APN 259-040-047, approve the Agreement for Charitable Contribution of Real Property, and authorize the Mayor and City Manager to sign all necessary documents to complete the acceptance of the donation of the property.
Documentation: Resolution No. 29-2024
Disposition: Approved.
24. AUTHORIZATION OF LICENSE AGREEMENT FOR PORTERVILLE
ARMORY
Recommendation: That the City Council approve the license agreement with the California Military Department for the use of the Porterville Armory, and authorize the Mayor and City Manager to sign all necessary documents.
Documentation: M.O. 22-060424
Disposition: Approved.
25. APPROVAL OF COMMUNITY CIVIC EVENT - ST. ANNE'S PARISH - CORPUS CHRISTI EUCHARISTIC PROCESSION - JUNE 8, 2024
Recommendation: That the City Council approve the Community Civic Event application submitted by the St. Anne’s Parish to hold the Eucharistic Procession on June 8, 2024, within St. Anne’s Catholic Church neighborhood subject to restrictions and requirements contained in the Application
and Agreement, Exhibit A and Exhibit B.
Documentation: M.O. 23-060424
Disposition: Approved.
26. APPROVAL OF COMMUNITY CIVIC EVENT - PORTERVILLE
CHAMBER OF COMMERCE - FLAG DAY CEREMONY - JUNE 14, 2024 Recommendation: That the City Council approve the Community Civic Event application from the Porterville Chamber of Commerce to hold the Flag Day Ceremony on Friday, June 14, 2024, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, and Exhibit C.
Documentation: M.O. 24-060424
Disposition: Approved.
27. STATUS AND REVIEW OF DECLARATION OF LOCAL FLOOD
EMERGENCY
Recommendation: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.
Documentation: M.O. 25-060424
Disposition: Approved.
SCHEDULED MATTERS
28. CONSIDERATION OF PROPOSED FISCAL YEAR 2024-2025 BUDGET
AND SETTING OF DATE FOR PUBLIC HEARING
Recommendation: That the City Council:
1. Consider the proposed 2024-2025 Fiscal Year Budget, providing any direction on modifications; and
2. Schedule a Public Hearing on the proposed Budget for Tuesday, June 18, 2024.
City Manager Hildreth introduced the item and presented the staff report.
COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Council Member Donald Weyhrauch that the City Council schedule a Public Hearing on the proposed Budget for Tuesday, June 18, 2024. The motion carried unanimously.
Documentation: M.O. 26-060424
Disposition: Approved.
29. CONSIDERATION OF DRAFT RESOLUTION CONCERNING THE
IDENTIFICATION OF CRITICAL INFRASTRUCTURE
Recommendation: That the City Council approve the draft Resolution Approving the Designation of Specified Locations as Critical Infrastructure for Purposes of Municipal Code Chapter 18, Article VII.
City Manager Hildreth introduced the item and Community Development Director Claudia Calderon presented the staff report.
COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Council Member Greg Meister that the City Council approve the draft resolution approving the designation of specified locations as Critical Infrastructure for purposes of Municipal Code Chapter 18, Article VII.
The motion carried unanimously.
Documentation: Resolution No. 30-2024
Disposition: Approved.
AB 1234 REPORTS
1. Flag Day Committee - May 21, 2024
Council Member Meister spoke of the upcoming Flag Day Ceremony.
2. Tulare County Economic Development Corp. (TCEDC) Board - May 22, 2024 Mayor Flores reported on the approval of Minutes and financials, a presentation provided by Suley Saro of AES, project and client services, and staff updates.
3. Eastern Tule Groundwater Sustainability Agency Board Study Session - May 23, 2024
Council Member Weyhrauch reported on public comments that were made, and a study session related to Land Subsidence Management Area.
4. Tulare County Association Of Governments (TCAG) Sustainable Corridor Committee - May 30, 2024
Deputy City Manager reported on the beautification projects that will be going on in the Porterville area such as the Westwood and State Route 190 roundabout, State Route 65 Landscaping Projects, and two welcome signs at State Route 65 / Hwy 190 and State Route 65 / Westfield.
ORAL COMMUNICATIONS
• Cathy Capone, Porterville, stated that the Zoom application was only showing the agenda for the duration of the meeting.
OTHER MATTERS
• Council Member Beltran lauded the efforts of staff on annual budget item, spoke of his attendance at the Memorial Day Ceremony at Hillcrest Cemetery, and commended staff for their community outreach on social media.
• Council Member Weyhrauch spoke of his recent visit to The Mud House, discussed information concerning people selling personal property, commended the city staff for responding quickly to emails from the community, requested attention be paid to flags in disarray, and spoke of litter on Main Street.
• Council Member Meister congratulated Executive Assistant Lori Halleck on her recognition as Employee of the Month, spoke of the approval of Item No. 11, spoke of his attendance at the Memorial Day Ceremony at Hillcrest Cemetery, and spoke of the Facebook post he had published.
• Vice Mayor Carrillo thanked city staff for their efforts in creating the agenda, congratulated the Tule River Housing Authority on their new housing project, congratulated all students who have graduated this school year, and requested community members and staff to be cautious during the upcoming hot summer months. • Mayor Flores spoke of her attendance at the KTIP Ribbon Cutting, the Military Banner Ceremony, and the retirement celebration of Don Sowers. Additionally, Mayor Flores explained that she would be unavailable to attend the upcoming Flag Day Ceremony due to her attendance at another event and that she has asked Council Member Meister to attend the ceremony and read the Freedom Days Proclamation in her absence.
• City Manager Hildreth spoke of the upcoming Summer Night Lights.
CLOSED SESSION
None.
ADJOURNMENT –
The Council adjourned at 7:52 p.m. to the meeting of June 18, 2024, at 5:30 P.M.
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
SEAL
Martha A. Flores, Mayor
Item No. 2.
CITY COUNCIL AGENDA – JUNE 18, 2024
SUBJECT: Authorization to Negotiate the Purchase of Police Vehicles SOURCE: Police
COMMENT: Each year, the Police Department finds it necessary to purchase vehicles to replace aging vehicles in their fleet. As always, a careful evaluation is made of each particular vehicle to determine the actual need for replacement.
Department staff has conducted a thorough evaluation of the fleet considering the age of the vehicles, mileage, maintenance costs, etc. In addition, the evaluation includes examining the assignment of vehicles to determine if reassignment of vehicles can increase overall efficiency and decrease costs.
At its meeting on November 1, 2022, the City Council authorized the police department to purchase several vehicles in accordance with the above-described process. Included with this authorization were four (4) unmarked Ford Explorer Police Vehicles for a negotiated price of $238,463.12, under state contract. Due to ongoing supply chain issues with these vehicles, the department has been waiting over eighteen (18) months for the build and delivery of said vehicles.
In May of this year, department staff were notified that the vehicle order had been canceled by Ford Motor Company, the process would have to start over with either 2024 or 2025 Ford Explorers at the now-current pricing. Staff elected not to pursue this avenue of procuring vehicles again and sought out other options.
In conducting research to find suitable vehicles, department staff located a dealership in Colorado Springs, Colorado, where there are four new pursuitrated Ford Interceptor Explorers ready for shipment. Department staff are requesting authorization to purchase these four (4) replacement vehicles (Ford Explorers) through Phil Long Dealership under their National Government Fleet Sales Contract. The Department is requesting authorization to purchase these vehicles per Resolution 35-93, which authorizes no-bid purchases through a cooperative purchase program. The Department has identified Phil Long Dealership as a provider of such a program for the desired vehicles, available under The Interlocal Purchasing System Contract #220304.
In addition to the vehicles themselves, department staff are requesting to upfit each vehicle with the necessary emergency and other tools by the County of Tulare IT Radio Communications Center before placing the vehicles into service.
Staff is requesting that the City Council authorize the negotiation for the purchase of the four (4) Ford Explorers up to a total cost not to exceed the Item No. 2.
amount previously encumbered from the 2022-2023 budget ($238,500), which is based on Manufacturer’s Suggested Retail Price minus the applicable government discount.
Due to the unique purchasing parameters requested, staff is further requesting a ten percent (10%) contingency for the total cost of the vehicles based on the current economic market. The upfit of the vehicles will be done by the County of Tulare IT Radio Communications Center at a cost of $24,315.87.
As previously noted, $238,500 was already encumbered in the 2022-2023 budget. The total cost for the purchase and upfitting of these four police vehicles is estimated at $219,355.87. The replacement vehicles and related equipment will be funded through the Equipment Replacement Fund.
RECOMMENDATION: That the City Council;
1. Authorize staff to negotiate for the purchase of four (4) Police Interceptor Ford Explorers up to a total cost not to exceed $238,500, which is based on the Manufacturer’s Suggested Retail Price plus tax, license, and applicable fees, as well as upfit of emergency equipment. Due to the unique purchasing parameters requested, staff is further requesting a ten percent (10%) contingency for the total purchase; and
2. Authorize payment to respective vendors upon receipt of listed equipment.
ATTACHMENTS: 1. Porterville PD Police Explorer Window Sticker
2. Porterville PD 2024 PIU Quote 5-30-24
3. County of Tulare/IT Radio Comm quote
Appropriated/Funded:
Review By:
Department Director:
Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager
05/30/2024
Fuel Economy and Environment
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QR Code™
fueleconomy.gov
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Annual fuel cost Fuel Economy & Greenhouse Gas Rating (tailpipe only) Smog Rating (tailpipe only) You
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compared to the
average new vehicle.
1917 23 5.3
Gasoline: 414 miles
Ethanol (E85): 305 miles
gallons per 100 miles
Driving Range
Standard SUVs range from 13 to 102
MPG. The best vehicle rates 140 MPGe.
Values are based on gasoline and do not
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E85. $4,500
$2,850
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Fuel Economy
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VEHICLE DESCRIPTION
POLICE INTERCEPTOR RG A27887
2024 UTILITY AWD EXTERIOR
119" WHEELBASE AGATE BLACK METALLIC
3.3L TI-VCT V6 FFV ENGINE INTERIOR
10-SPEED AUTO TRANSMISSION EBONY CLOTH FRT/VINYL REAR
1202402021050
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Phil Long Ford of Denver, LLC TOTAL MSRP 7887 W. Tufts Ave.
Denver CO 80123
56A 002
Phil Long Ford of Denver, LLC 56A 002
7887 W. Tufts Ave.
Denver CO 80123
CHICAGO TDM
3400 E. 126TH ST
CHICAGO IL
CZ08
SOLD TO RAMP ONE
SHIP TO (IF OTHER THAN SOLD TO) RAMP TWO
SHIP THROUGH
$48,310.00
FINAL ASSEMBLY PLANT
CHICAGO
METHOD OF TRANSP.
CONVOY
ITEM #:
56-R489 O/T 5B
RA241 N RB 2X 415 004573 01 24 24
SPECIAL ORDER
INCLUDED ON THIS VEHICLE
EQUIPMENT GROUP 500A
OPTIONAL EQUIPMENT/OTHER
.AM/FM STEREO
3.3L TI-VCT V6 FFV ENGINE - 2,830.00
10-SPEED AUTO TRANSMISSION NO CHARGE
AUX CLIMATE CONTROL 610.00
GLOBAL LOCK/UNLOCK NO CHARGE
50 STATE EMISSIONS NO CHARGE
COURTESY LAMP DISABLE 25.00
POLICE ENGINE IDLE FEATURE 260.00
DRIVER SIDE LED SPOT LAMP 395.00
BLIS (BLIND SPOT INFO SYSTEM) 545.00
KEYLESS ENTRY - 4 FOBS 340.00
4G LTE WI-FI HOTSPOT CREDIT - 20.00
STNLS STL HUB WHL CVR CREDIT - 50.00
REVERSE SENSING SYSTEM 275.00
FLEX-FUEL CAPABILITY
FRONT LICENSE PLATE BRACKET NO CHARGE
PRICE INFORMATION
BASE PRICE $47,165.00
TOTAL OPTIONS/OTHER - 450.00
____________
TOTAL VEHICLE & OPTIONS/OTHER 46,715.00
DESTINATION & DELIVERY 1,595.00
(MSRP)(MSRP)
STANDARD EQUIPMENT INCLUDED AT NO EXTRA CHARGE
EXTERIOR
18" H.D.STEEL WHEELS
255/60R18 A/S BSW
POLICE TIRES
CLASS III HITCH RECEIVER
DUAL EXHAUST SYSTEM
DUAL POWER MIRRORS
FULL SIZE 18" SPARE W/TPMS
HEADLAMPS - AUTO, LED
LOW/HIGH INCLUDES FRONT
HOUSING (W/ LED WIG-WAG)
KEY LOCKS (DR/PASS/LFTGT)
PRIVACY GLASS 2ND/3RD ROW
INTERIOR
35/30/35 SPLIT VINYL REAR
A/C W/AUTOMATIC CLIMATE
CONTROL, DUAL ZONE
BLACK VINYL FLOOR COVERING
CERTIFIED SPEEDOMETER
CLOTH BUCKET FRONT SEATS
CONSOLE MOUNTING PLATE
ENGINE HOUR / IDLE METER
HTD SANITIZATION SOLUTION
PWR DR SEAT/6-WAY/M LUMBAR
RED/WHITE TASK LIGHTING
SEATBACK INTRUSION PLATES
TILT/TELESCOPING STEERING
WHL W/ 4 CONFIGURABLE
LATCHING SWITCHES
UNIVERSAL TOP TRAY
FUNCTIONAL
AM/FM/MP3/BLUETOOTH & USB
COLUMN MOUNTED SHIFTER
ENGINE OIL COOLER
FULL-TIME ALL WHEEL DRIVE
SYSTEM
HEAVY DUTY SUSPENSION
HEAVY-DUTY 80-AMP BATTERY
INTERIOR TRUNK/LIFTGATE
RELEASE
POLICE BRAKES: 4 WHL DISC
W/ ABS & TRACTION CONTROL
POWER STEERING W/EPAS
REAR VIEW CAMERA
TRANSMISSION OIL COOLER
TRANSMISSION-10-SPEED AUTO
SAFETY/SECURITY
75 MPH REAR-CRASH TESTED
ADVANCETRAC™ WITH RSC®
AIRBAGS - FRONT AND SIDE
AIRBAGS - SAFETY CANOPY
SOS POST CRASH ALERT SYS
TIRE PRESSURE MONITOR SYS
WARRANTY
3 YR/36K MILE BUMPER-TO-
BUMPER WARRANTY
5 YR/100K MILE POWERTRAIN
CARE EXTENDED SERVICE PLAN
(ZERO DEDUCTIBLE)
QUOTE NUMBER 053024-1
QUOTE DATE May 30, 2024
Agency PO #.
CES PO#
TERMS Due on Receipt
SALES REP Herman Sanchez
QUOTE TO: Porterville Police Department SHIPPED VIA Driver ATTN: Lt. Mark Azevedo F.O.B.
PREPAID or COLLECT
2024 Ford Police Explorer Interceptor Non Eco- Boost Exterior: Agate Black
QUANTITY DESCRIPTION UNIT PRICE AMOUNT
4 48,310.00 $193,240.00
Engine Idle, Reverse Sensing, BLIS, Global Unlock, Keyless Entry) 4 Available Government Discount (1,500.00) ($6,000.00)
4 Transport To: 350 North D Street 1,950.00 $7,800.00
Porterville, CA 93257
** Vehicles will not come with hubcaps due to Manufacturer No longer making hubcaps**
195,040.00
Proposal valid for 30 Days
$195,040.00
DIRECT ALL INQUIRIES TO: Phil Long Ford of Denver Total Herman Sanchez 7887 W. Tufts Ave. AMOUNT
(505) 250-9388 Denver, CO 80123
email: [email protected]
THANK YOU FOR YOUR BUSINESS!
PRICE AGREEMENT : T.I.P.S. (The Interlocal Purchasing System) # 220304 Additional Information:
Ford Utility Interceptor, Mid Size, four Door, AWD Police Pursuit Rated (Incl. Dark Car Feature, Driver Side Spotlight, Backup Camera, Police Stock Code Description Quantity Price Extended
1 County of Tulare IT Radio Comm.
5957 S. Mooney Blvd Ste. 2270
Visalia, CA 93277
559-622-7150 Fax: 559-737-4552
Service Quote #: 20241016
Page:
Ship To:
Cust PO:
Reference:
Service Rep: Status:
Quote
ESANCHEZ
Porterville, Police Department
350 N. "D" St.
Porterville, Ca 93257
Phone: 559-782-7404
6/11/2024
Manufacturer:
Model:
Serial Number:
Alternate ID:
Mileage:
OPEN
Quoted:
Valid Through: 7/11/2024
Job # Indications/Work Performed
Alternate Phone: Terms:
1 Technician: ESANCHEZ Porterville PD requests quote for four admin/code 3 compliant Ford Explorer builds.
Labor consists of removal and re-installation of different parts and components necessary during the upfitting process. This includes some fabrication of brackets needed for the build.
324/ES100C Siren speaker w/ "NO" General Purpose 4.00 186.95 747.80 324/ESB-U General Purpose bracket - No speaker, just 4.00 29.15 116.60 5601 Miniaturized Power Tamer 30 amp. 4.00 98.95 395.80 75205 Amber ON/OFF lighted round rocker switch. 12.00 7.65 91.80 974/BETA112R 100Watt Full Function Siren 4.00 230.95 923.80 974/SFIONJ Spitfire ION light Red/Blue 8.00 133.10 1,064.80 974/SFIONM Spitfire ION dash light amber/blue. 4.00 133.10 532.40 974/VTX609B Blue LED light head, Super LED, single self 4.00 91.25 365.00 974/VTX609C Clear LED light head, Super LED, single self 8.00 76.95 615.60 974/VTX609R Red LED light head, Super LED, single self 4.00 76.95 307.80 MBD NMO coax assembly w/17' teflon coax - no 4.00 30.49 121.96 PMUN1034F 03 Control Head for XTL5000 O3 4.00 1,166.26 4,665.04 QWB450 Quarter wave antenna - Black 4.00 13.11 52.44
REL-50 Bosch Relay 50AMP, 5 Pole 4.00 3.85 15.40
RFU600-1 Mini UHF male connector for RG58AU / 4.00 1.90 7.60 LABOR 128.00 105.00 13,440.00
0.00 Tax:
Shipping:
Total: 24,315.87
0.00 852.03
SubTotal: 23,463.84
Total Parts: Total Labor: Total Sublet: Total Disposal:
Pickup/Delivery: Service Call: 0.00
10,023.84 13,440.00 0.00 0.00
Item No. 3.
CITY COUNCIL AGENDA – JUNE 18, 2024
SUBJECT: Authorization to Purchase Bleachers for the Santa Fe Sportsplex through CDBG Park Improvement Funds
SOURCE: Parks and Leisure Services
COMMENT: The Parks and Leisure Services Department purchases park amenities through Community Development Block Grant (CDBG) Park Improvement Funds on an annual basis as funding permits. The funding source stipulates that purchases must be for facilities within an eligible census block. The future site of the Santa Fe Sportsplex, just north of Santa Fe Elementary School, is within one of the eligible census blocks. Design of the Master Plan for the future Library and Santa Fe Sportsplex is underway. Once fully funded, the Sportsplex will include mini-pitch soccer arenas, multi-sport arenas, pickleball courts, a large picnic shelter, and a restroom/storage building.
In order to expend funds on time and satisfy the expenditure requirements of HUD, the City has prepared to make a park amenity purchase. To plan ahead, City staff recommends purchasing site-related amenities in anticipation of the upcoming construction of the Sportsplex project. Bleachers have not been an amenity listed in any grants to date, and are needed in order to provide spectator seating for the public. One bleacher included in the order will be ten (10) rows x 27' long, have an aluminum frame and guardrail, and have room for four (4) ADA accessible spots on the first row. The other portion of the order is for five (5) bleachers which will be three (3) rows x 27' long, have an aluminum frame, and double foot planks for added safety.
Five vendors were solicited to provide quotes. Three of the vendors carried three-row and ten-row bleachers, with only one of those three providing ADA accessibility. The results were as follows:
WillyGoat $57,092.71
Kay Park Recreation $50,875.07
On Deck Sports $63,768.08
WillyGoat was the only vendor who could provide ADA accessible bleachers, so staff recommends purchasing the bleachers from them. Funding for this purchase is available in the Community Development Block Grant Park Improvement Fund.
RECOMMENDATION: That the City Council authorize the purchase of bleachers for the future Santa Fe Sportsplex through Community Development Item No. 3.
Block Grant Park Improvement Funds from WillyGoat for
$57,092.71.
ATTACHMENTS: 1. SantaFeRegionalSportsplex_5.9
2. Future Sportsplex Locator Map
3. Bleacher Quotes
Appropriated/Funded:
Review By:
Department Director:
Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, City Manager
Item No. 4.
CITY COUNCIL AGENDA – JUNE 18, 2024
SUBJECT: Authorization to Purchase Applicant Tracking Software and Services with NEOGOV
SOURCE: Administrative Services
COMMENT: As staff works to update systems to take advantage of technology for improved efficiencies, a need to update the process by which new employees are recruited and hired has been identified. In considering the options best suited to our organization, staff has reviewed three applicant tracking and online recruitment software service packages specializing in public sector employment. These are all-inclusive, internet-based systems that provide the benefits of consolidating all recruitment and applicant information into one system.
The following bids were received:
Vendor Start-Up two-year contract Total
NEOGOV $4,800 $35,299 $40,099
icIMS $17,000 $58,000 $75,000
Workday $1.1-1.2M $250,000 $1.4-1.5M
It is staff’s recommendation that the City engage the services of NEOGOV.
NEOGOV is designed with public agencies in mind and offers greater access to benefits that will help expedite the recruitment and onboarding process.
NEOGOV has become one of the most highly used recruiting software for many public agencies and is currently used by many agencies in the surrounding area. Once candidates create an account, their information and resumes are accessible to other agencies, making it a strong tool for recruitment. NEOGOV makes it easier to contact and engage with applicants via email and text message, which has the potential to increase the number of applicants who respond to interview invitations. The funds for the start-up and two-year contract of $40,099.00 have been included in the 2024/2025 Human Resources Division budget.
RECOMMENDATION: 1. Approve a contract with NEOGOV for the applicant tracking software and services at a cost of $4,800 for start-up, $35,299 for the first two years, and $25,000 annually thereafter; and
2. Authorize the Administrative Services Director to sign the agreement on behalf of the City.
ATTACHMENTS: 1. NEOGOV Quote
2. iCIMS Quote
3. Workday Email Quote
Item No. 4.
Appropriated/Funded:
Review By:
Department Director:
Yuliana Andrade, Acting Administrative Services Director Final Approver: Patrice Hildreth, City Manager
HUMAN RESOURCES
MANAGEMENT SUITE
for the public sector
Customer:
Porterville, City of (CA)
291 N. Main St.
Porterville, CA 93257
USA
Quote Number: Q-10098
PaymentTerms: Annual,Net 30
Subscription Term in Months: 24
Exhibit A
Order Form
NEOGOV
Governmentjobs.com, Inc. (dba "NEOGOV")
2120 Park Pl, Suite 100
El Segundo, CA 90245
United States
[email protected]
Sales Rep: Alex Oberheide
Quote Valid From: 06/10/2024
Quote Valid To: 07/09/2024
Employee Count: 302
Order Summary
Year 1
Service Description Start Date End Date Term Price
Custom Bundle
Includes Insight License, Onboard License, Candidate Text Messaging (CTM), Government Jobs,
$12,033.00
Year 1 TOTAL: $12,033.00
Year 2
Service Description Start Date End Date Term Price
Custom Bundle
Includes Insight License, Onboard License, Candidate Text Messaging (CTM), Government Jobs,
$23,266.00
Year 2 TOTAL: $23,266.00
Year 1
Service Description Start Date End Date Term Price
Custom Bundle Setup and Training $4,800.00
Year 1 TOTAL: $4,800.00
ORDER TOTAL: $40,099.00
A. Terms and Conditions
1. Agreement. This Ordering Document and the Services purchased herein are expressly conditioned upon the acceptance by Customer of the terms of the NEOGOV Services Agreement either affixed hereto or the version most recently published prior to execution of this Ordering Form available at https://www.neogov.com/service-specifications. Unless otherwise stated, all capitalized terms used but not defined in this Order Form shall have the meanings given to them in the NEOGOV Services Agreement.
2. Effectiveness & Modification. Neither Customer nor NEOGOV will be bound by this Ordering Document until it has been signed by its authorized representative (the “Effective Date”). Unless otherwise stated in this Ordering Document, all SaaS Subscriptions shall commence on the Effective Date. This Ordering Document may not be modified or amended except through a written instrument signed by the parties.
3. Summary of Fees. Listed above is a summary of Fees under this Order. Once placed, your order shall be non-cancelable and the sums paid nonrefundable, except as provided in the Agreement.
4. Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict with the Services Agreement, applicable Schedules, and Service Specifications.
B. Special Conditions (if any).
• Initial Term: 24 months
"Porterville, City of
(CA)"
Signature:
Customer_DS1
Print Name: CustomerName_DS1
Date:
CustomerDate_DS1
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Allow sender | Block sender
Thank you for considering the environment.
Fw: Workday Quote
Aileen Calderon <[email protected]>
Mon 6/10/2024 2:12 PM
To:Yuliana Andrade <[email protected]>
From: Alex Foster <[email protected]>
Sent: Friday, July 28, 2023 2:43 PM
To: Aileen Calderon <[email protected]>
Subject: Workday Quote
Caution! This message was sent from outside your organization.
Hi Aileen,
Happy Friday! Danielle just reached out to me, letting me know you guys were interested in the quote. While I cannot get you the exact numbers, what you can expect would be around our deal minimum of 250k plus an implementation of 1.1-1.2 million. If that is something you think can be approved, I can get a meeting scheduled with an Account executive who could do a deeper dive into the cities needs and exact items that would be added to your suite.
Hope this helps and have a great weekend.
Feel free to let me know if you have any other questions, -Alex
Alex Foster | Corporate Sales Development | 801-643-2214 | [email protected] This e-mail (and attachments, if any) may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act.
6/10/24, 2:30 PM Mail - Yuliana Andrade - Outlook
https://outlook.office365.com/mail/inbox/id/AAMkADVlYmI4NGJjLTRjZjUtNDlmMC1iYjE2LWUzZjZmMWU0MDhjOQBGAAAAAAAFHsYHDEm0QqgYj… 1/1 Item No. 5.
CITY COUNCIL AGENDA – JUNE 18, 2024
SUBJECT: Ice Machine Replacement at Fire Station 72 Training Facility SOURCE: Fire
COMMENT: The Fire Department Training Facility and Station 72 have been equipped with a commercial-grade ice machine that has served various functions, including providing ice for firefighter training, rehabilitation during incidents, and general station use. Additionally, this machine has been a resource for other city departments. Recently, the ice machine has become irreparable because of a mechanical failure, and due to its age, replacement parts are no longer available.
Replacing the ice machine is crucial for ensuring the operational readiness and safety of firefighters and other city personnel. The ice machine plays a vital role in our emergency response and training activities, ensuring that ice is readily available for hydration and injury management.
Staff has requested bids from local area vendors with the ability to install the new machine for a quote to replace the current unit.
Mike Woods Air Conditioning $9,200.00
Central Valley Refrigeration $9,447.00
J&E Restaurant Supply $10,074.23
Mike Woods Air Conditioning came in with the lowest bid at $9,200.00. Due to the quickly changing marketplace, staff requests the addition of a ten percent (10%) contingency. Staff recommends purchasing the new ice machine, with installation, from Mike Woods Air Conditioning, in an amount not to exceed $10,120. Funds are available for this purchase in the Department's annual budget.
RECOMMENDATION: That the City Council approve the replacement and installation of a new commercial-grade ice machine for the Fire Department Training Facility and Station 72, at a cost not to exceed $10,120 from Mike Woods Air conditioning.
ATTACHMENTS: 1. Mike Woods Ice Machine Quote
2. Central Valley Refigeration Ice Machine Quote
3. J&E Ice Machine Quote
Appropriated/Funded:
Item No. 5.
Review By:
Department Director:
Shannon Skiles, Deputy Fire Chief
Final Approver: Jason Ridenour, Deputy City Manager
Quote
06/11/2024
Project: From:
BULLER J&E Restaurant Supply Inc.
Pete Flores
701 N Burke St.
Visalia, CA 93292‐3823
(661)631‐1584
(559)713‐6621 (Contact)
Job Reference Number: 15942
Item Qty Description Sell Total 2 1 ea ICE MAKER, CUBE‐STYLE $6,495.00 Manitowoc Model No. IYT0900A
Indigo NXT™ Series Ice Maker, cube‐style, air‐cooled, self‐ contained condenser, 30"W x 24‐1/2"D x 26‐1/2"H, production capacity up to 865 lb/24 hours at 70°/50° (750 lb AHRI certified at 90°/70°), easyTouch display with 13 different language options, date/time stamp display, automatic reminder/alert icon, one touch asset information, automatic detection of accessories, continuous operating status, programmable production options (time, weight, day or night), one touch cleaning with displayed instructions, Alpha‐San anti‐microbial protection, acoustical ice sensing probe, self‐diagnostic technology, DuraTech™ exterior, half‐dice size cubes, R410A refrigerant, NSF, cULus, CE, ENERGY STAR®
1 ea WARRANTY‐ICE‐SC 3 year parts & labor (Machine), 5 year parts & labor (Evaporator), 5 year parts & 3 years labor (Compressor), standard
1 ea (‐261) 208‐230v/60/1‐ph, 9.5 amps
1 ea D970 Ice Bin, 48"W x 34"D x 50"H, with side‐hinged front‐opening door, side grips, 882 lbs. application capacity, AHRI certified 29.7 cu. ft., for top‐mounted ice maker, Duratech exterior, NSF $2,195.00
1 ea WARRANTY‐BIN/DISP 3 year parts & labor warranty, standard 1 ea K00470 Bin Adapter, for 30" Indigo, Indigo NXT, RFF, RNF, ice machine on a 48" B or D‐970 bin
$345.00
1 ea Legs, 6" adjustable stainless steel, standard
ITEM TOTAL: $9,035.00
3 1 ea SHIPPING $250.00
Custom Model No. SHIPPING
Shipping from Mnfr
ITEM TOTAL: $250.00
Sell
$6,495.00
$2,195.00
$345.00
$250.00
BULLER
Ini al: ______
Merchandise $9,285.00
Tax 8.5% $789.23
Total $10,074.23
Acceptance: Date:
Printed Name:
Note: Prices good for 30 days when equipment is in stock at J&E. All orders are subject to manufacturer increases and are non returnable. J&E is not responsible for any delays from the manufacturer.
Note: Customers are to make sure quantity, dimensions, electrical, plumbing and all options of the equipment match or go according with their needs. By signing below you are agreeing all product and totals are accurate.
Note: On shipments going direct from the manufacturer make sure you inspect shipment for damages before you sign for it and refuse shipment if it is damaged. If equipment is accepted with damages it will be the customers responsibility to file a claim.
Project Grand Total: $10,074.23
J&E Restaurant Supply Inc. 06/11/2024
BULLER
Ini al: ______
2110 South 26th Street
Manitowoc, WI 54220
Tel: 1.920.682.0161
Fax: 1.920.683.7589 www.manitowocice.com
Indigo NXT Series iT0900
Ice Machine on a D570 Bin
*Ice machine and bin sold separately
iT0900 Ice Cube Machine
iT0900 Ice Cube Machine
Model: IRT0900A
IRT0900W
IDT0900A
IDT0900W
IYT0900A
IYT0900W
Designed for operators who know that ice is critical to their business, the Indigo®NXT Series ice machine’s
preventative diagnostics continually monitor itself for reliable ice production. Improvements in cleanability and programmability make your ice machine easy to own
and less expensive to operate.
• easyTouch® Display – New icon based touch screen
takes the guess work out of owning and operating an ice machine.
• Programmable Ice Production – Now its super easy to
program your ice machine to be off at certain times of
the day to save money with fluctuating electrical rates.
Also programmable by daily ice production volume and
night time programming.
• Easy to Clean Foodzone – Hinged front door swings out for easy access. Removable water-trough, distribution
tube, curtain, and sensing probes for fast and efficient cleaning. Select components made with AlphaSan®
antimicrobial.
• Intelligent Diagnostics – provide 24 hour preventative maintenance and diagnostic feedback for trouble free
operation.
• Acoustical Ice Sensing Probe – Unique patented
technology allows for reliable operation in challenging water conditions and environments.
• DuraTech™ Exterior – provides superior corrosion
resistant above stainless steel. Innovative clear-coat
resists fingerprints and dirt making it easier to keep
clean.
• Available LuminIce II Virus and Bacteria Inhibitor–
Controls viruses, bacteria, mold and yeast within the
food zone to keep the machine cleaner longer. A new
sanitiation icon lets you know the operational status.
• Active Sense – Insures consistent ice harvest in
all environmental conditions. This software and/
or hardware solution works in conjunction with the
acoustical ice sensing probe improving reliability and
performance.
Dice
7 ⁄8" x 7⁄8" x 7⁄8"
(2.22 x 2.22 x 2.22 cm)
Half Dice
3 ⁄8" x 11⁄8" x 7⁄8"
(.95 x 2.86 x 2.22 cm)
Ice Shape
Regular
11⁄8" x 11⁄8" x 7⁄8"
(2.86 x 2.86 x 2.22 cm)
Ice Machine Electric
208-230/60/1
(230/50/1 also available)
Minimum circuit ampacity:
Air-cooled: 9.5 1ph
Water-cooled: 8.8 1ph
Maximum fuse size:
Air-cooled: 15 1ph
Water-cooled: 15 1ph
Speci cations
BTU Per Hour:
12,700 (average)
14,800 (peak)
Refrigerant:
R410A CFC free
48% less Global Warming
Potential
Operating Limits:
Ambient Temperature
Range:
40 to 100 F (4.4 to 43.3 C)
Water Temperature Range:
40 to 90 F (4.4 to 32.2 C )
Water Pressure Ice Maker
Water In:
Min. 20 psi (137.9 kPA)
Max. 80 psi (551.1 kPA)
Condenser Water Pressure:
Min. 20 psi (137.9 kPA)
Max. 276 psi (1902.95 kPA)
Manitowoc IYT0900A Item#: 2
BULLER J&E Restaurant Supply Inc. Page: 3
2110 South 26th Street
Manitowoc, WI 54220
Tel: 1.920.682.0161
Fax: 1.920.683.7589
Accessories
iT0900 on D-570
Storage Bin
©2022 Manitowoc Continuing product improvement may necessitate change of specifications without notice.
Installation Note
Minimum installation
clearance:
Top/sides: 8" (20.32 cm);
Back is 5" (12.7 cm)
Specifications
Space-Saving Designs
Height includes adjustable bin legs 6.00" to 8.00",
(15.24 to 20.32 cm) set at 6.00" (15.24 cm).
Bin capacity is based on 90% of the volume x
33 lbs/ft3 average density of ice
iT0900 iT0900
D-570 D-970
Height 76.50" 76.50"
194.30 cm 194.30 cm
Width 30.00" 48.00"
76.20 cm 121.9 cm
Depth 34.00" 34.00"
86.30 cm 86.30 cm
Bin 532 lbs. 882 lbs.
Storage 241 kgs 400 kgs
www.manitowocice.com
7148D_iT0900
06/22
26.50" (67.31 cm)
3.00" (7.62 cm)
3.50" (8.89 cm)
2.75" (6.99 cm) 4.25"
(10.80 cm)
24.50" (62.23 cm)
34.00" (86.36 cm) 30.00" (76.20 cm)
19.00"
(48.26 cm)
11.00"
(27.94 cm)
44.00" (111.76 cm)
25.25" (64.14 cm)
13.00" (33.02 cm)
6.75" (17.15 cm)
5.25" (13.34 cm)
4.00" (10.16 cm)
1.75" (4.45 cm)
A
C
B
E
F
G
B
C
D
E F
G
A Electrical Entrance (2) Options
3/8" (0.95 cm) F.P.T. Water Condenser Inlet
(water-cooled units)
1/2" (1.27 cm) F.P.T. Water Condenser Outlet
(water-cooled units)
B
C
1/2" (1.27 cm) Auxillary Base Drain Socket
3/8" (0.95 cm) F.P.T. Ice Making Water Inlet
1/2" (1.27 cm) F.P.T. Ice Making Water Drain
3/4" (1.91 cm) Bin Drain
D
E
F
G
34.00" (86.30 cm) 30.00" (76.20 cm)
44.00" (111.76 cm)
6.00" (15.24 cm)
B
A
C
D
E F
G
Electrical Entrance (2) Options
3/8" (0.95 cm) F.P.T. Water Condenser Inlet
(water-cooled units)
1/2" (1.27 cm) F.P.T. Water Condenser Outlet
(water-cooled units)
1/2" (1.27 cm) Auxillary Base Drain Socket
3/8" (0.95 cm) F.P.T. Ice Making Water Inlet
1/2" (1.27 cm) F.P.T. Ice Making Water Drain
3/4" (1.91 cm) Bin Drain
D
E
F
G
34.00" (86.30 cm) 30.00" (76.20 cm)
44.00" (111.76 cm)
6.00" (15.24 cm)
Ice Production 24 Hours
Power Usage
kWh/100
lbs.@90°Air/70°F
Water Usage/ 100 lbs.
45.4 kgs. of Ice
ENERGY
STAR Model ® Ice Shape 70°Air/ 50°F Water 90°Air/ 70°F Water 1 Ph Potable Water
AIR-COOLED
IRT0900A regular 797 lbs 362 kg 676 lbs 307 kg 5.01 19 Gal. 71.9 L NA IDT0900A dice 851 lbs 386 kg 695 lbs 315 kg 4.85 19 Gal. 71.9 L IYT0900A half-dice 865 lbs 392 kg 750 lbs 340 kg 4.58 19 Gal. 71.9 L
WATER-COOLED
IRT0900W regular 750 lbs 340 kg 665 lbs 302 kg 4.04 19 Gal. 71.9 L NA IDT0900W dice 780 lbs 354 kg 665 lbs 302 kg 4.02 19 Gal. 71.9 L NA IYT0900W half-dice 785 lbs 356 kg 665 lbs 302 kg 4.02 19 Gal. 71.9 L NA * Water-cooled Condenser Water Usage / 100 lbs. /45.4 kgs. Of Ice: 135 gal / 511 L. * Water-cooled models are excluded from ENERGY STAR qualification.
LuminIce® II
Virus and Bacteria Inhibitor
controls viruses and bacteria inside
the ice machine
Arctic Pure® Plus Water
Filters
reduce sediments and
chlorine contaminants
down to .5 microns.
Use with a Pre-filter is
recommended.
External Scoop Holder
protect the ice scoop with
the NSF
approved
versatile
scoop
holder.
IAuCS®
schedules
and performs
routine ice
machine
cleaning
automatically.
iT0900 Ice Cube Machine
Manitowoc IYT0900A Item#: 2
BULLER J&E Restaurant Supply Inc. Page: 4
Manitowoc WARRANTY‐ICE‐SC Item#: 2
BULLER J&E Restaurant Supply Inc. Page: 5
44.00"
34.00"
22.00"
11.88"
19.04"
32.00"
34.00"
22.00"
11.88"
19.04"
44.00"
34.00" 30.00"
11.83"
27.04"
32.00"
34.00" 30.00"
11.83"
27.04"
44.00"
34.00" 48.00"
11.83"
45.04"
D570
532 lbs. (241 kgs)
D970
882 lbs (400 kgs)
D320
264 lbs. (120 kgs)
D-Bin Capacities D-Bin Dimensions
*Application
Capacity
**2018 AHRI
Capacity Height Width Depth
D Bin Model lbs. kgs Cu. ft Cu. M in. cm in. cm in. cm
D320 264 119.90 8.9 0.25 38 96.5 22 55.9 34 86.4
D420 383 173.79 12.9 0.37 50 127 22 55.9 34 86.4
D400 365 165.70 12.3 0.35 38 96.5 30 76.2 34 86.4
D570 532 241.14 17.9 0.51 50 127 30 76.2 34 86.4
D970 882 400.11 29.7 0.84 50 127 48 121.9 34 86.4
*Application Capacity based on 90% of the total volume x 33 lbs/ ft3 average density of ice.
Ice must be managed
***2018 AHRI certified measurement for bin capacity
Above bin heights include leg height of of 6" / 15.24 cm All bins include a sanitary plastic scoop and one set of adjustable legs chrome legs (6-7.75in/15.24-20.32cm).
External Scoop holder order separately Kit # K00461
Metal Scoop order separately Kit # K00463
D400
365 lbs. (166 kgs)
D420
383 lbs. (174 kgs)
Ergonomic NSF approved
sanitary ice scoop included
Manitowoc Ice reserves the right to make changes to the design or specifications without prior notice. www.manitowocice.com
6453E
6/22
2110 South 26th Street
Manitowoc, WI 54220
Tel: 1.920.682.0161
Fax: 1.920.683.7589
Ice Storage Bins
Ice Storage Bins
Warranty
Bin & Accessories: 3 Year Parts & Labor.
D Bin Features
New Sanitary Scoop Ergonomic
NSF approved sanitary ice scoop
included with each bin. Built-in
knuckle and thumb guard. Unique
molded retaining lip allows
maximum scooping every time.
Per scoop capacity approximately
5.3/ lbs (2.4 kg)
Scoop Holder options New
built-in scoop holder, keeps the
ice scoop handle above the ice,
or purchases the optional NSF
approved External Scoop Holder
Kit # K00461.
New Door design Clever built
in side grips allow you to lift the
bin door from anywhere you are
standing (left, right or center) even
when you have just one hand free.
Foamed Insulated Door
Insulates the ice bin, reduces
sweat on the door, helps keep ice
lasting longer.
Stay up door Unique cammed bin
door self-latch keeps the door in
the open position and keeps the
employee safe when scooping ice.
Ergonomic Door design Door
is angled 53 degrees to allow for
easier access to the ice in the bin
especially when scooping from the
bottom.
Duratech Metal Finish Manitowoc
exterior material has better
corrosion resistance than stainless
steel, is smudge resistant and easy
to keep clean.
New Bin liner Polyurethane Artic
Blue bin liner accentuates the crisp
clear ice from a Manitowoc Ice
Machine.
Model
D320 D400 D420 D570 D970
®
Certification
9001:2015
D Bins
.75" (1.90 cm) Bin drain
Manitowoc D970 Item#: 2
BULLER J&E Restaurant Supply Inc. Page: 6
Manitowoc Ice reserves the right to make changes to the design or specifications without prior notice.
Manitowoc Flaker and Nugget Machines
Machine RNP0320 RFP0320 RNP0620 RFP0620 RNF1020 RFF1220C RNF1100 RFF1300 & RNF2000C RFF2200C
Machine cap 251 286 451 540 825 958 825 874 1702
Bins Bin cap Width 22" 22" 22" 22" 22" 22" 30" 30" 36.7" D320 264 22" * * NR NR NR NR
D420 383 22" * *** NR NR
D400 365 30" K00472 K00472 K00472 K00472 NR NR NR NR
D570 532 30" NR K00472 K00472 K00472 NR NR * *
D970 882 48" NR NR K00473 K00473 K00473 if
2 used.
K00473 if
2 used. K00470 K00470 K00470
D Bins
Available Accessories See price book for replacement: scoops, legs, specialty legs and casters Indigo Ice Machines Series
Machine iT420 iT620 iT0300 iT450 iT0500
&iF0500N
iF0600N,
iF0600C,
iT0750
iF0900N,
iT0900,
iF0900C
iT1200,
iT1200C
iF1400C,
iF1800C
iT1500,
iT1900
Machine Capacity
@90/70 F 375 465 240 378 440 555, 530 710, 714 950, 1000 1200
1470
1600
1360,
1455
Bins Bin Cap Width 22" 22" 30" 30" 30" 30" 30" 30" 30" 48" D320 264 22" * *
D420 383 22" * *
D400 365 30" K00472 K00472 * *** NR NR NR
D570 532 30" K00472 K00472 * **** * NR
D970 882 48" NR NR NR K00470 K00470 K00470 K00470 K00470 K00471 + K00470 *
www.manitowocice.com
6453E
6/22
2110 South 26th Street
Manitowoc, WI 54220
Tel: 1.920.682.0161
Fax: 1.920.683.7589
K00462
Secure Fastening Kit
Securely fast the Indigo NXT ice
machine head to the pre-drilled
inserts on the back of the D-bin
series. Stainless steel flanged feet
attach to bin and can be screwed to
the floor
K00146 Convenient
Ice Bagger
Includes bagger, D-bin
adapter, and 250 bags
and ties (Not for D320
or D400) Order K00068
replacement bags
K00463 Metal Scoop
Indestructible NFS approved
aluminum alloy with sanitary
knuckle and thumb guard.
Works with K00461external
scoop holder or hangs inside
the D-Bin series. Limited life
time guarantee.
K00461 External
Scoop Holder
NSF approved. Can be
mounted on the left or right
side of bins, horizontally or
vertically or on a wall.
Ice Storage Bins
An optional adapter is required when putting a narrower ice machine on a wider bin. * No adapter is needed
NR= Not Recommend. Bin too small or too large for application.
Putting a wider machine on narrower bin is not an option.
Machines side by side must be water cooled, remote, or use a top air discharge for self-contained air cooled.
Application Bin Capacity shown in lbs using the AHRI rating based on 90% of total volume x 33 lbs/ft3 average density of ice.
Machine capacity shown in lbs/24hrs using the AHRI rating base at 90F ambient, 70F water temperature Manitowoc D970 Item#: 2
BULLER J&E Restaurant Supply Inc. Page: 7
Manitowoc WARRANTY‐BIN/DISP Item#: 2
BULLER J&E Restaurant Supply Inc. Page: 8
Item No. 6.
CITY COUNCIL AGENDA – JUNE 18, 2024
SUBJECT: Authorization to Participate in Cooperative Purchasing Programs on Existing Asphalt Contracts
SOURCE: Public Works
COMMENT: After soliciting bids, the County of Tulare has awarded its Fiscal Year 2024- 2025, 3/8" Cold Mix Asphalt contract, 1/2" Cold Mix Asphalt contract, as well as its 1/2" Hot Asphalt Concrete contract, to Jaxon Enterprises. These types of asphalt mixes are used for the City's Asphalt Overlay Program, and staff is requesting authorization to "piggyback" onto the new contracts for the purchase of asphalt mixes for the Fiscal Year 2024-2025 Program. Resolution No. 35-93, adopted by the City Council on April 20, 1993, gives the authorization to participate in cooperative purchasing programs with other agencies for the procurement of materials, equipment, and services.
Funds for asphalt purchase are available in the Fiscal Year 2024-2025 SelfPerformed Asphalt Overlay Program Capital Improvement Budget funded by Surface Transportation Program (STP), Local Measure R, and Measure I.
RECOMMENDATION: That the City Council authorize the purchase of asphalt mix utilizing the contracts between the County of Tulare and Jaxon Enterprises.
ATTACHMENTS: 1. Tulare County Contract No. 1956-1.5 Hot Asphalt Concrete
2. Tulare County Contract No. 1958 – 3-8” Cold Mix – NorthSouth County
3. Tulare County Contract No.1954 – 1-2” Cold Mix – NorthSouth County
4. Resolution No. 35-93 (1)
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERALSERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291
COUNTY OF TULARE
GENERAL SERVICES AGENCY
Purchasing Division
April 25, 2024
Jaxon Enterprises
Dba Deer Creek Asphalt
1643 Tahoe Court
Redding, CA 96003
Email: [email protected]
SUBJECT:MATERIAL CONTRACT NO. 1956 – 1/2” HOT ASPHALT CONCRETE – NORTH/ SOUTH COUNTY
GENERAL: This is to notify you that the Tulare County Purchasing Agent is accepting your Bid No. 25-001 dated April 4, 2024 for the supplying of 1/2” Hot Asphalt Concrete-North/South County to the County of Tulare as indicated on the attached sheets. The above contract number has been issued and the contract will be effective, subject to the terms and conditions of the bid and to the provisions as incorporated herein through the period beginning July 1, 2024 and ending JUNE 30, 2025.
PRICES: The prices as bid are to be the maximum charged for the period of the contract. The Contractor shall immediately notify the County of all manufacturer's price decreases and the County of Tulare shall receive the full benefit of all such decreases, effective on the date of the manufacturer's general public announcement. The attached sheets and enclosures enumerate the prices applicable herein.
Prices are F.O.B. Destination to various County Departments or Governmental Entities.
Federal Excise Tax Exempt.
State Sales Tax to be added.
Cash discount terms: NET 1% 30 DAYS
ATTACHED SHEETS: The attached sheets and enclosures are herewith made a part of this contract.
USAGE: Usage of materials will be interspersed and periodic during the contract year, and as such will not be subject to shipment of the total estimated requirements at any one time.
DELIVERIES: Deliveries are to be made to the using department or agency by common transportation carrier, by the Contractor's own equipment, or by other means so as to effect prompt delivery.
Material Contract
Page One
DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 Due care shall be exercised in packing, handling and shipping to assure arrival of the material at its final destination in excellent condition. Any damage, loss, breakage, deterioration or other reason causing material not to arrive, or to arrive in other than excellent condition, shall be the responsibil¬ity of the Contractor. Frequency of delivery will be determined by the needs of the using department or agency and will be interspersed throughout the contract year.
The supplier shall be expected to maintain a normal delivery time which is established as being THIRTY (30) CALENDAR DAYS after receipt of order. Deliveries are to be made to the points indicated, as required.
Sufficient notice will be given to the Contractor to effect the required delivery.
QUANTITY & QUALITY OF MATERIALS OR SERVICE: The Contractor shall furnish and deliver the quantities designated by the Purchasing Agent. Packing slips which clearly identify the merchandise and the County of Tulare's Purchase Order number or agreement must accompany every delivery. All materials, supplies or services furnished under an agreement or Purchase Order resulting from this agreement shall be in accordance with the County's specifications. Materials or supplies, which in the opinion of the Purchasing Agent are not in accordance and conformity with such specifications, shall be rejected and promptly removed from the County's premises at the Contractor's expense. A resulting contract does not guarantee a specific amount of business.
INCLUSION IN THE CONTRACT: The County departments and governmental entities listed are those which will participate in the Contract. However, the right is reserved by the Purchasing Agent, at his discretion, to include any other County department and/or Governmental Entity in the Contract at the accepted prices.
RESPONSIBILITY FOR GOVERNMENTAL ENTITIES OTHER THAN THE COUNTY: Those Governmental Entities other than the County and its departments who are listed in the Request-For-Bids or who are subsequently included have signified their intention to participate in the Tulare County Contract. Participation will not impose any responsibility for payment of claims on the Tulare County Board of Supervisors or the County Purchasing Agent. Each such Governmental Entity will be billed separately, and payments will be made by warrants drawn on the appropriate funds for the Governmental Entity.
CONTRACT EXCLUSIVE: The provisions of the contract shall in no way prohibit the County from making incidental purchases from another suppliers for the same commodities as herein listed.
MERCHANDISE RETURNABLE FOR FULL CREDIT: Contractor agrees to give full credit for any merchandise sold by him on contract, if returned in good condition by the County.
GUARANTEE AGAINST DEFECTS: All items are to carry a full guarantee against defects in materials and workmanship and guarantee against breakage and other malfunctions when performing work for which they are designed.
PURCHASE ORDERS: Purchase Orders will be issued throughout the contract year to the Contractor for the requirements as needed for the department or agency.
INVOICING: All invoices are to be mailed in duplicate to the various locations designated on the "Invoice Address" on each purchase order. Reference shall be made to the purchase order number. Invoice shall be paid once a month on all deliveries made during the month.
Material Contract
Page Two
DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 RIGHT TO AUDIT: The County of Tulare reserves the right to verify, by examination of Contractor's records, all invoiced amounts when firm prices are not set forth in the purchase agreement.
CASH DISCOUNT: In connection with any cash discount specified on this contract, time will be computed from the date of complete delivery of the supplies or equipment as specified, or from date correct invoices are received if the latter date is later than the date of delivery. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the County warrant or check. (It is generally the County's policy to take any and all discounts regardless of date of delivery or invoice.) DEFAULT BY CONTRACTOR: In case of default by the Contractor, the County of Tulare may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in the contract or Purchase Order and actual cost thereof to the County of Tulare. Prices paid by the County shall be considered the prevailing market price at the time such purchase is made. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Agent.
CONTRACTOR ASSISTANCE: Contractor shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements.
LIABILITIES: The Contractor shall hold the County of Tulare, its officers, agents, and employees harmless from liability of any nature or kind because of the use of any copyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this bid, and agrees to defend, at Contractor's own expense, any and all actions brought against the County of Tulare or Contractor because of the unauthorized use of such articles.
INDEPENDENT CONTRACTOR STATUS: This Contract is entered into by both parties with the express understanding that CONTRACTOR will perform all services required under this Contract as an independent contractor. Nothing in this Contract shall be construed to constitute the CONTRACTOR or any of its agents, employees or officers as an agent, employee or officer of COUNTY. CONTRACTOR agrees to advise everyone it assigns or hires to perform any duty under this Contract that they are not employees, agents or officers of COUNTY. CONTRACTOR shall be solely responsible for determining the means and methods of performing the specified services and COUNTY shall have no right to control or exercise any supervision over CONTRACTOR as to how the services will be performed. As CONTRACTOR is not COUNTY’S employee, CONTRACTOR is responsible for paying all required state and federal taxes. In particular, COUNTY will not:
a. Withhold FICA (Social Security) from CONTRACTOR’S payments. b. Make state or federal unemployment insurance contributions on CONTRACTOR’S behalf.
c. Withhold state or federal income tax from payments to CONTRACTOR. d. Make disability insurance contributions on behalf of CONTRACTOR. e. Obtain unemployment compensation insurance on behalf of CONTRACTOR.
Notwithstanding this independent contractor relationship, COUNTY, through the Purchasing Agent, shall have the right to designate the sites at which services are to be performed, and to monitor and evaluate the performance of CONTRACTOR to assure compliance with this Contract.
Material Contract
Page Three
DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 INDEMNIFICATION: CONTRACTOR shall hold harmless, defend and indemnify the COUNTY, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to any property, including COUNTY property arising out of the acts or omissions of CONTRACTOR or its agents, officers and employees under this Contract.
This indemnification specifically includes any claims that may be made against COUNTY by any taxing authority asserting that an employer-employee relationship exists by reason of this Contract, the cost of any penalty or sanction imposed by any agency with regulatory authority over the activities carried out by CONTRACTOR, and any claims made against COUNTY alleging civil rights violations by CONTRACTOR under Government Code sections 12920 et Seq. (California Fair Employment and Housing Act).
CONTRACTOR specifically agrees to hold harmless and indemnify COUNTY for any and all claims arising out of any injury, disability, or death of CONTRACTORS employees or agents. This indemnification obligation shall continue beyond the term of this Contract as to any acts or omissions occurring under this Contract or any extension of this Contract.
It is the policy of the County of Tulare Board of Supervisors that in connection with all work performed under a purchase order or agreement with Tulare County, there shall be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, sex, or religious creed, and therefore, the Contractor agrees to comply with applicable Federal and California laws regarding employment practices. In addition, the Contractor agrees to require like compliance by all sub-contractors employed on the work by Contractor.
The foregoing obligations will continue beyond the term of the contract as to any act or omission that occurred during the term of the contract or any extension to the contract.
RENEWAL: The Contract may be renewed, by mutual written consent, for an additional TWO (2) ONE (1) year terms provided the prices, terms, and conditions remain the same.
NON-FUNDING CLAUSE: Funds provided for commodities or service under the terms of this contract are contingent on availability of public funds. Should sufficient funds not be allocated during those terms, this contract may be modified or terminated at any time by the County upon thirty (30) day notice. Notice shall be fully given in writing or through service in person or by first class mail.
TERMINATION OF CONTRACT: The County of Tulare may by giving ten (10) days written notice to the Contractor, terminate the contract prior to its expiration for due cause. Due cause for termination of contract shall be, but not limited to, failure to deliver in quantities required within a reasonable time period, failure of the product to meet specifications, and/or for reasons of unsatisfactory service.
The County may, upon giving thirty (30) days written notice to the Contractor, terminate the contract, with or without cause.
GOVERNING LAW: This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. The parties agree that this contract is made in and shall be performed in Tulare County California.
Material Contract
Page Four
DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.
COMPLIANCE WITH LAW: CONTRACTOR shall provide services in accordance with applicable Federal, State, and local laws, regulations and directives. With respect to CONTRACTOR'S employees, CONTRACTOR shall comply with all laws and regulations pertaining to wages and hours, state and federal income tax, unemployment insurance, Social Security, disability insurance, workers' compensation insurance, and discrimination in employment.
CONFLICT OF INTEREST:
(a) CONTRACTOR agrees to, at all times during the performance of this Agreement, comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to Government Code Section 1090 et seq., and the Political Reform Act, Government Code Section 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. The statutes, regulations and laws previously referenced include, but are not limited to, prohibitions against any public officer or employee, including CONTRACTOR for this purpose, from making any decision on behalf of COUNTY in which such officer, employee or consultant/contractor has a direct or indirect financial interest. A violation can occur if the public officer, employee or consultant/contractor participates in or influences any COUNTY decision which has the potential to confer any pecuniary benefit on CONTRACTOR or any business firm in which CONTRACTOR has an interest, with certain narrow exceptions.
(b) CONTRACTOR agrees that if any facts come to its attention which raise any questions as to the applicability of conflicts of interests laws, it will immediately inform the COUNTY designated representative and provide all information needed for resolution of this question.
FORM DE-542: CONTRACTOR acknowledges that this Agreement is subject to filing obligations pursuant to Unemployment Insurance Code Section 1088.8. Accordingly, COUNTY has an obligation to file a report with the Employment Development Department, which report will include the CONTRACTOR’s full name, social security number, address, the date this contract was executed, the total amount of the contract, the contract’s expiration date or whether it is ongoing. CONTRACTOR agrees to cooperate with COUNTY to make such information available and to complete Form DE- 542. Failure to provide the required information may, at COUNTY’s option, prevent approval of this Agreement, or be grounds for termination by COUNTY.
CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY: This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties to be, in conflict with any code or regulation governing its subject matter, only the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party. In all other cases the remainder of the Agreement shall continue in full force and effect.
CONSTRUCTION: This Agreement reflects the contributions of all undersigned parties and accordingly the provisions of Civil Code section 1654 shall not apply to address and interpret any alleged uncertainty or ambiguity.
Material Contract
Page Five
DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided in this Agreement, COUNTY is relying on the personal skill, expertise, training and experience of CONTRACTOR and CONTRACTOR'S employees and no part of this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of COUNTY.
WAIVERS: The failure of either party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other party.
ENTIRE AGREEMENT REPRESENTED: This Agreement represents the entire agreement between CONTRACTOR and COUNTY as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of both parties.
EXHIBITS AND RECITALS: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.
NO THIRD-PARTY BENEFICIARIES INTENDED: Unless specifically set forth, the parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.
OTHER PROVISIONS:
ACCEPTED: COUNTY OF TULARE
Date By________________________________
Purchasing Agent
ACCEPTED: JAXON ENTERPRISES DBA DEER CREEK ASPHALT
Date By_________________________________
Title________________________________
[Pursuant to Corporations Code section 313, County policy requires that contracts with a Corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president (or another officer having general, operational responsibilities), and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer (or another officer having recordkeeping or financial responsibilities), unless the contract is accompanied by a certified copy of a resolution of the corporation’s Board of Directors authorizing the execution of the contract. Similarly, pursuant to California Corporations Code section 17703.01, County policy requires that contracts with a Limited Liability Company be signed by at least two managers, unless the contract is accompanied by a certified copy of the articles of organization stating that the LLC is managed by only one manager.]
Material Contract
Page Six
DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 Pres
4/25/2024
4/26/2024
CONTRACT NO.: 1956
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 25-001
VENDOR NAME: JAXON ENTERPRISES
DBA DEER CREEK ASPHALT
PHONE: (530) 241-2112
Or (661) 372-2228
FAX: (530) 243-0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:
Patty Baker
CITY STATE ZIP CODE: REDDING, CA 96003 E-MAIL:
[email protected]
ORDER FROM: JAXON ENTERPRISES
DBA DEER CREEK ASPHALT
STREET ADDRESS: 1643 TAHOE COURT
CITY STATE ZIP CODE: REDDING, CA 96003
REMIT TO: JAXON ENTERPRISES
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
SUBJECT: 1/2” HOT ASPHALT CONCRETE – NORTH/SOUTH COUNTY COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2024 THROUGH JUNE 30, 2025
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: NONE
MERCHANDISE RETURNS: FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.
PRICES: SEE EXHIBIT B – COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD Material Contract
DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 CONTRACT NO.: 1956
SUPPLIER
PART
NUMBER
EXTENDED DESCRIPTION UNIT OF MEASURE LIST PRICE
001 1/2" HOT ASPHALT CONCRETE – NORTH/SOUTH COUNTY TON $61.00
SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor’s plant and/or storage location as required. Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date.
GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Hot Asphalt Concrete is important and necessary to the County for the economic completion of its road work projects.
PRICES: Prices shall be F.O.B. Plant Location and shall exclude Federal Excise Taxes, for which the County is exempt. California State Sales Tax will be allowed on the net bid price. The price per ton shall include all fees for the duration of the contract. Example, environmental fees, etc.
NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 1/2" HOT ASPHALT CONCRETE: $ 61.00 PER TON
Asphalt Concrete shall be Type B, ½” maximum and shall conform to the provisions in Section 39, “Asphalt Concrete”, of the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans or as requested by County representative. Oil shall be: Asphalt Binder Oil PG 64-10.
6,000 Tons total estimated quantity for North County/South County through June 30, 2025.
Applicable sales tax will be added in addition to the price indicated above.
The amount of asphalt binder to be mixed with the aggregate for Type B asphalt concrete will be determined by the engineer.
PLANT LOCATION/SHIPPING POINT: 27671 Avenue 120, Porterville, CA 93257 SMARA MINE ID 91-54-0021
PARTICIPATING DEPARTMENTS:
RMA Road Yard #1, Porterville
RMA Road Yard #2/3 Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Material Contract
DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14
EXHIBIT B
5-l. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS
GENERAL
Summary
This section applies to asphalt contained in materials for pavement structural sections and pavement surface treatments such as hot mix asphalt (HMA), plant run cold mix(PRCM), tack coat, asphaltic emulsions, bituminous seals, asphalt binders, and modified asphalt binders placed in the work.
The Engineer adjusts payment if the California Statewide Crude Oil Price Index for the month the material is placed is more than 5 percent higher or lower than the price index at the time of contract.
The California Statewide Crude Oil Price Index is determined each month on or about the last business day of the month by the Department using the average of the posted prices in effect for the previous month as posted by Chevron, ExxonMobil, and ConocoPhillips for the Buena Vista, Huntington Beach, and Midway Sunset fields.
If a company discontinues posting its prices for a field, Caltrans determines the index from the remaining posted prices. Caltrans may include additional fields to determine the index.
For the California Statewide Crude Oil Price Index, go to:
http://www.dot.ca.gov/hq/construc/crudeoilindex/
If the adjustment is a decrease in payment, the County deducts the amount from the monthly progress payment.
ASPHALT QUANTITIES
General
Interpret the term “ton" as "tonne" for projects using metric units.
Hot Mix Asphalt/Plant Run Cold Mix
The Engineer calculates the quantity of asphalt in HMA or PRCM using the following formula:
Qh = HMATT x [Xa/(100 + Xa)]
where:
Qh = quantity in tons of asphalt used in HMA or PRCM
HMATT= HMA or PRCM total tons placed
Xa= theoretical asphalt content from job mix formula expressed as percentage of the weight of dry aggregate
Material Contract
DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 Hot Mix Asphalt Containing Reclaimed Asphalt Pavement (RAP) The Engineer calculates the quantity of asphalt in HMA containing RAP using the following formulas:
Qrap = HMATT x [Xaa I (100 + Xaa)]
where:
Xaa=Xta-[(100-Xnew) x (Xra/100)]
and
Qrap = quantity in tons of asphalt used in HMA containing RAP HMATT = HMA total tons placed
Xaa = asphalt content of HMA adjusted to account for the asphalt content in RAP expressed as percentage of the weight of dry aggregate Xta = total asphalt content of HMA expressed as percentage of the weight of dry aggregate
Xnew= theoretical percentage of new aggregate in the HMA containing RAP determined from RAP percentage in the job mix formula
Xra = asphalt content of RAP expressed as percentage
Asphaltic Emulsion
The Engineer calculates the quantity of asphalt in asphaltic emulsions, including fog seals and tack coat, using the following formula:
Qe =AETT x (Xe I 100)
where:
Qe = quantity in tons of asphalt used in asphaltic emulsions AETT = undiluted asphaltic emulsions total tons placed
Xe = minimum percent residue specified in Section 94, "Asphaltic Emulsions." of the Standard Specifications based on the type of emulsion used Other Materials
For other materials containing asphalt not covered above, the Engineer determines the quantity of asphalt (Qo).
Material Contract
DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14
PAYMENT ADJUSTMENTS
The Engineer includes payment adjustments for price index fluctuations in progress pay estimates. If material containing asphalt is placed within 2 months during 1 estimate period, the Engineer calculates 2 separate adjustments. Each adjustment is calculated using the price index for the month in which the quantity of material containing asphalt subject to adjustment is placed in the work. The sum of the 2 adjustments is used for increasing or decreasing payment in the progress pay estimate.
The Engineer calculates each payment adjustment as follows:
PA = Qt x A
where:
PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month.
Qt = Sum of all quantities of asphalt-contained materials in pavement structural sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + Qe + Qss + Qmab + Qo).
A =Adjustment in dollars per ton of asphalt used to produce materials placed in the work rounded to the nearest $0.01.
For US Customary projects, use:
A = [(Iu /Ib) - 1 .05] x lb x [1 + (T / 100)] for an increase in the crude oil price index exceeding 5 percent
A = [(lu /lb) - 0.95] x Ib x [1 + (T / 100)] for a decrease in the crude oil price index exceeding 5 percent
For metric projects, use:
A = 1.1023 x [(Iu /Ib)- 1.05] x lb x [1 + (T I 100)] for an increase in the crude oil price index exceeding 5 percent
A = 1.1023 x [(lu /lb)- 0.95] x lb x [1 + (T I 100)] for a decrease in the crude oil price index exceeding 5 percent
Iu = California Statewide Crude Oil Price Index for the month in which the quantity of asphalt subject to adjustment was placed in the work.
Ib = California Statewide Crude Oil Price Index for the month in which the bid opening for the project occurred
T = Sales and use tax rate, expressed as a percent, currently in effect in the tax jurisdiction where the material is placed. If the tax rate information is not submitted timely, the statewide sales and use tax rate is used in the payment adjustment calculations until the tax rate information is submitted.
Material Contract
DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 DocuSign Envelope ID: FBB1C9BB-DF8F-4750-B872-B78409707A14 Certificate Of Completion
Envelope Id: FBB1C9BBDF8F4750B872B78409707A14 Status: Completed Subject: 1/2” HOT ASPHALT CONCRETE – NORTH/ SOUTH COUNTY Source Envelope:
Document Pages: 41 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 Elaine Anderson
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
2637 W. Burrel Ave.
Suite 200
Visalia, CA 93291
[email protected]
IP Address: 54.211.82.250
Record Tracking
Status: Original
4/25/2024 5:27:56 PM
Holder: Elaine Anderson
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Carahsoft OBO County of Tulare Location: DocuSign Signer Events Signature Timestamp
W Jaxon Baker
[email protected]
Pres
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 68.189.45.56
Sent: 4/25/2024 5:31:26 PM
Viewed: 4/25/2024 5:32:31 PM
Signed: 4/25/2024 5:32:48 PM
Electronic Record and Signature Disclosure:
Accepted: 4/25/2024 5:32:31 PM
ID: d453b342-05ac-458b-a7af-6ee00cc52536
Cher Castellini
[email protected]
Purchasing Manager
County of Tulare
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.189.152.6
Sent: 4/25/2024 5:32:50 PM
Viewed: 4/26/2024 8:15:50 AM
Signed: 4/26/2024 8:17:58 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/25/2024 5:31:26 PM
Certified Delivered Security Checked 4/26/2024 8:15:50 AM Signing Complete Security Checked 4/26/2024 8:17:58 AM
Completed Security Checked 4/26/2024 8:17:58 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft OBO County of Tulare (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
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If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 2/13/2019 2:56:42 PM Parties agreed to: W Jaxon Baker
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
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PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERALSERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291
COUNTY OF TULARE
GENERAL SERVICES AGENCY
Purchasing Division
April 25, 2024
Jaxon Enterprises
Dba Deer Creek Asphalt
1643 Tahoe Court
Redding, CA 96003
Email: [email protected]
SUBJECT: MATERIAL CONTRACT NO. 1958 – 3/8” COLD MIX – NORTH/SOUTH COUNTY GENERAL: This is to notify you that the Tulare County Purchasing Agent is accepting your Bid No. 25-001 dated April 4, 2024 for the supplying of 3/8” Cold Mix-North/South County to the County of Tulare as indicated on the attached sheets. The above contract number has been issued and the contract will be effective, subject to the terms and conditions of the bid and to the provisions as incorporated herein through the period beginning July 1, 2024 and ending JUNE 30, 2025.
PRICES: The prices as bid are to be the maximum charged for the period of the contract. The Contractor shall immediately notify the County of all manufacturer's price decreases and the County of Tulare shall receive the full benefit of all such decreases, effective on the date of the manufacturer's general public announcement. The attached sheets and enclosures enumerate the prices applicable herein.
Prices are F.O.B. Destination to various County Departments or Governmental Entities.
Federal Excise Tax Exempt.
State Sales Tax to be added.
Cash discount terms: NET 1% 30 DAYS
ATTACHED SHEETS: The attached sheets and enclosures are herewith made a part of this contract.
USAGE: Usage of materials will be interspersed and periodic during the contract year, and as such will not be subject to shipment of the total estimated requirements at any one time.
DELIVERIES: Deliveries are to be made to the using department or agency by common transportation carrier, by the Contractor's own equipment, or by other means so as to effect prompt delivery.
Material Contract
Page One
DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 Due care shall be exercised in packing, handling and shipping to assure arrival of the material at its final destination in excellent condition. Any damage, loss, breakage, deterioration or other reason causing material not to arrive, or to arrive in other than excellent condition, shall be the responsibility of the Contractor. Frequency of delivery will be determined by the needs of the using department or agency and will be interspersed throughout the contract year.
The supplier shall be expected to maintain a normal delivery time which is established as being THIRTY (30) CALENDAR DAYS after receipt of order. Deliveries are to be made to the points indicated, as required.
Sufficient notice will be given to the Contractor to effect the required delivery.
QUANTITY & QUALITY OF MATERIALS OR SERVICE: The Contractor shall furnish and deliver the quantities designated by the Purchasing Agent. Packing slips which clearly identify the merchandise and the County of Tulare's Purchase Order number or agreement must accompany every delivery. All materials, supplies or services furnished under an agreement or Purchase Order resulting from this agreement shall be in accordance with the County's specifications. Materials or supplies, which in the opinion of the Purchasing Agent are not in accordance and conformity with such specifications, shall be rejected and promptly removed from the County's premises at the Contractor's expense. A resulting contract does not guarantee a specific amount of business.
INCLUSION IN THE CONTRACT: The County departments and governmental entities listed are those which will participate in the Contract. However, the right is reserved by the Purchasing Agent, at his discretion, to include any other County department and/or Governmental Entity in the Contract at the accepted prices.
RESPONSIBILITY FOR GOVERNMENTAL ENTITIES OTHER THAN THE COUNTY: Those Governmental Entities other than the County and its departments who are listed in the Request-For-Bids or who are subsequently included have signified their intention to participate in the Tulare County Contract. Participation will not impose any responsibility for payment of claims on the Tulare County Board of Supervisors or the County Purchasing Agent. Each such Governmental Entity will be billed separately, and payments will be made by warrants drawn on the appropriate funds for the Governmental Entity.
CONTRACT EXCLUSIVE: The provisions of the contract shall in no way prohibit the County from making incidental purchases from another suppliers for the same commodities as herein listed.
MERCHANDISE RETURNABLE FOR FULL CREDIT: Contractor agrees to give full credit for any merchandise sold by him on contract, if returned in good condition by the County.
GUARANTEE AGAINST DEFECTS: All items are to carry a full guarantee against defects in materials and workmanship and guarantee against breakage and other malfunctions when performing work for which they are designed.
PURCHASE ORDERS: Purchase Orders will be issued throughout the contract year to the Contractor for the requirements as needed for the department or agency.
INVOICING: All invoices are to be mailed in duplicate to the various locations designated on the "Invoice Address" on each purchase order. Reference shall be made to the purchase order number. Invoice shall be paid once a month on all deliveries made during the month.
Material Contract
Page Two
DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 RIGHT TO AUDIT: The County of Tulare reserves the right to verify, by examination of Contractor's records, all invoiced amounts when firm prices are not set forth in the purchase agreement.
CASH DISCOUNT: In connection with any cash discount specified on this contract, time will be computed from the date of complete delivery of the supplies or equipment as specified, or from date correct invoices are received if the latter date is later than the date of delivery. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the County warrant or check. (It is generally the County's policy to take any and all discounts regardless of date of delivery or invoice.) DEFAULT BY CONTRACTOR: In case of default by the Contractor, the County of Tulare may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in the contract or Purchase Order and actual cost thereof to the County of Tulare. Prices paid by the County shall be considered the prevailing market price at the time such purchase is made. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Agent.
CONTRACTOR ASSISTANCE: Contractor shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements.
LIABILITIES: The Contractor shall hold the County of Tulare, its officers, agents, and employees harmless from liability of any nature or kind because of the use of any copyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this bid, and agrees to defend, at Contractor's own expense, any and all actions brought against the County of Tulare or Contractor because of the unauthorized use of such articles.
INDEPENDENT CONTRACTOR STATUS: This Contract is entered into by both parties with the express understanding that CONTRACTOR will perform all services required under this Contract as an independent contractor. Nothing in this Contract shall be construed to constitute the CONTRACTOR or any of its agents, employees or officers as an agent, employee or officer of COUNTY. CONTRACTOR agrees to advise everyone it assigns or hires to perform any duty under this Contract that they are not employees, agents or officers of COUNTY. CONTRACTOR shall be solely responsible for determining the means and methods of performing the specified services and COUNTY shall have no right to control or exercise any supervision over CONTRACTOR as to how the services will be performed. As CONTRACTOR is not COUNTY’S employee, CONTRACTOR is responsible for paying all required state and federal taxes. In particular, COUNTY will not:
a. Withhold FICA (Social Security) from CONTRACTOR’S payments. b. Make state or federal unemployment insurance contributions on CONTRACTOR’S behalf.
c. Withhold state or federal income tax from payments to CONTRACTOR. d. Make disability insurance contributions on behalf of CONTRACTOR. e. Obtain unemployment compensation insurance on behalf of CONTRACTOR.
Notwithstanding this independent contractor relationship, COUNTY, through the Purchasing Agent, shall have the right to designate the sites at which services are to be performed, and to monitor and evaluate the performance of CONTRACTOR to assure compliance with this Contract.
Material Contract
Page Three
DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 INDEMNIFICATION: CONTRACTOR shall hold harmless, defend and indemnify the COUNTY, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to any property, including COUNTY property arising out of the acts or omissions of CONTRACTOR or its agents, officers and employees under this Contract.
This indemnification specifically includes any claims that may be made against COUNTY by any taxing authority asserting that an employer-employee relationship exists by reason of this Contract, the cost of any penalty or sanction imposed by any agency with regulatory authority over the activities carried out by CONTRACTOR, and any claims made against COUNTY alleging civil rights violations by CONTRACTOR under Government Code sections 12920 et Seq. (California Fair Employment and Housing Act).
CONTRACTOR specifically agrees to hold harmless and indemnify COUNTY for any and all claims arising out of any injury, disability, or death of CONTRACTORS employees or agents. This indemnification obligation shall continue beyond the term of this Contract as to any acts or omissions occurring under this Contract or any extension of this Contract.
It is the policy of the County of Tulare Board of Supervisors that in connection with all work performed under a purchase order or agreement with Tulare County, there shall be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, sex, or religious creed, and therefore, the Contractor agrees to comply with applicable Federal and California laws regarding employment practices. In addition, the Contractor agrees to require like compliance by all sub-contractors employed on the work by Contractor.
The foregoing obligations will continue beyond the term of the contract as to any act or omission that occurred during the term of the contract or any extension to the contract.
RENEWAL: The Contract may be renewed, by mutual written consent, for an additional TWO (2) ONE (1) year terms provided the prices, terms, and conditions remain the same.
NON-FUNDING CLAUSE: Funds provided for commodities or service under the terms of this contract are contingent on availability of public funds. Should sufficient funds not be allocated during those terms, this contract may be modified or terminated at any time by the County upon thirty (30) day notice. Notice shall be fully given in writing or through service in person or by first class mail.
TERMINATION OF CONTRACT: The County of Tulare may by giving ten (10) days written notice to the Contractor, terminate the contract prior to its expiration for due cause. Due cause for termination of contract shall be, but not limited to, failure to deliver in quantities required within a reasonable time period, failure of the product to meet specifications, and/or for reasons of unsatisfactory service.
The County may, upon giving thirty (30) days written notice to the Contractor, terminate the contract, with or without cause.
GOVERNING LAW: This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. The parties agree that this contract is made in and shall be performed in Tulare County California.
Material Contract
Page Four
DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.
COMPLIANCE WITH LAW: CONTRACTOR shall provide services in accordance with applicable Federal, State, and local laws, regulations and directives. With respect to CONTRACTOR'S employees, CONTRACTOR shall comply with all laws and regulations pertaining to wages and hours, state and federal income tax, unemployment insurance, Social Security, disability insurance, workers' compensation insurance, and discrimination in employment.
CONFLICT OF INTEREST:
(a) CONTRACTOR agrees to, at all times during the performance of this Agreement, comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to Government Code Section 1090 et seq., and the Political Reform Act, Government Code Section 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. The statutes, regulations and laws previously referenced include, but are not limited to, prohibitions against any public officer or employee, including CONTRACTOR for this purpose, from making any decision on behalf of COUNTY in which such officer, employee or consultant/contractor has a direct or indirect financial interest. A violation can occur if the public officer, employee or consultant/contractor participates in or influences any COUNTY decision which has the potential to confer any pecuniary benefit on CONTRACTOR or any business firm in which CONTRACTOR has an interest, with certain narrow exceptions.
(b) CONTRACTOR agrees that if any facts come to its attention which raise any questions as to the applicability of conflicts of interests laws, it will immediately inform the COUNTY designated representative and provide all information needed for resolution of this question.
FORM DE-542: CONTRACTOR acknowledges that this Agreement is subject to filing obligations pursuant to Unemployment Insurance Code Section 1088.8. Accordingly, COUNTY has an obligation to file a report with the Employment Development Department, which report will include the CONTRACTOR’s full name, social security number, address, the date this contract was executed, the total amount of the contract, the contract’s expiration date or whether it is ongoing. CONTRACTOR agrees to cooperate with COUNTY to make such information available and to complete Form DE- 542. Failure to provide the required information may, at COUNTY’s option, prevent approval of this Agreement, or be grounds for termination by COUNTY.
CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY: This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties to be, in conflict with any code or regulation governing its subject matter, only the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party. In all other cases the remainder of the Agreement shall continue in full force and effect.
CONSTRUCTION: This Agreement reflects the contributions of all undersigned parties and accordingly the provisions of Civil Code section 1654 shall not apply to address and interpret any alleged uncertainty or ambiguity.
Material Contract
Page Five
DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided in this Agreement, COUNTY is relying on the personal skill, expertise, training and experience of CONTRACTOR and CONTRACTOR'S employees and no part of this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of COUNTY.
WAIVERS: The failure of either party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other party.
ENTIRE AGREEMENT REPRESENTED: This Agreement represents the entire agreement between CONTRACTOR and COUNTY as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of both parties.
EXHIBITS AND RECITALS: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.
NO THIRD-PARTY BENEFICIARIES INTENDED: Unless specifically set forth, the parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.
OTHER PROVISIONS:
ACCEPTED: COUNTY OF TULARE
Date By________________________________
Purchasing Agent
ACCEPTED: JAXON ENTERPRISES DBA DEER CREEK ASPHALT
Date By_________________________________
Title________________________________
[Pursuant to Corporations Code section 313, County policy requires that contracts with a Corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president (or another officer having general, operational responsibilities), and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer (or another officer having recordkeeping or financial responsibilities), unless the contract is accompanied by a certified copy of a resolution of the corporation’s Board of Directors authorizing the execution of the contract. Similarly, pursuant to California Corporations Code section 17703.01, County policy requires that contracts with a Limited Liability Company be signed by at least two managers, unless the contract is accompanied by a certified copy of the articles of organization stating that the LLC is managed by only one manager.]
Material Contract
Page Six
DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 4/26/2024
Pres
4/26/2024
CONTRACT NO.: 1958
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 25-001
VENDOR NAME: JAXON ENTERPRISES
DBA DEER CREEK ASPHALT
PHONE: (530) 241-2112
Or (661) 372-2228
FAX: (530) 243-0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:
Patty Baker
CITY STATE ZIP CODE: REDDING, CA 96003 E-MAIL:
[email protected]
ORDER FROM: JAXON ENTERPRISES
DBA DEER CREEK ASPHALT
STREET ADDRESS: 1643 TAHOE COURT
CITY STATE ZIP CODE: REDDING, CA 96003
REMIT TO: JAXON ENTERPRISES
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
SUBJECT: 3/8” COLD MIX MATERIAL – NORTH/SOUTH COUNTY
COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2024 THROUGH JUNE 30, 2025
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: NONE
MERCHANDISE RETURNS: FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.
PRICES: SEE EXHIBIT B – COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD Material Contract
DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 CONTRACT NO.: 1958
SUPPLIER
PART
NUMBER
EXTENDED DESCRIPTION UNIT OF MEASURE LIST PRICE
001 3/8” COLD MIX – NORTH/SOUTH COUNTY TON $68.00
SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor’s plant and/or storage location as required.
Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date.
GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Cold Mix Material is important and necessary to the County for the economic completion of its road work projects.
PRICES: Prices shall be F.O.B. Plant Location and shall exclude Federal Excise Taxes, for which the County is exempt. California State Sales Tax will be allowed on the net bid price. The price per ton shall include all fees for the duration of the contract. Example, environmental fees, etc.
NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 3/8" PLANT RUN COLD MIX with OIL: $ 68.00 PER TON
Plant Run Cold Mix – 3/8” mix as per CalTrans Specs. Section #39 or as requested by County representative. SC-800 or SC-3000 grade oil as per CalTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans for such Plant Run Cold Mix or as requested by County representative. 4,000 Tons total estimated quantity for North County/South County through June 30, 2025.
Applicable sales tax will be added in addition to the price indicated above.
The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer.
PLANT LOCATION/SHIPPING POINT: 27671 AVENUE 120, PORTERVILLE, CA 93257 SMARA MINE ID 91-54-0021
PARTICIPATING DEPARTMENTS:
RMA Road Yard #1, Porterville
RMA Road Yard #2/3 Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Material Contract
DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 DocuSign Envelope ID: 3EB496B8-B0C3-4C69-8422-5B8D84194BE6 Certificate Of Completion
Envelope Id: 3EB496B8B0C34C6984225B8D84194BE6 Status: Completed Subject: 3/8" Cold Mix Material - North/South County
Source Envelope:
Document Pages: 38 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 Elaine Anderson
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
2637 W. Burrel Ave.
Suite 200
Visalia, CA 93291
[email protected]
IP Address: 54.211.82.250
Record Tracking
Status: Original
4/26/2024 9:28:49 AM
Holder: Elaine Anderson
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Carahsoft OBO County of Tulare Location: DocuSign Signer Events Signature Timestamp
W Jaxon Baker
[email protected]
Pres
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 128.92.11.138
Signed using mobile
Sent: 4/26/2024 9:30:07 AM
Viewed: 4/26/2024 9:34:55 AM
Signed: 4/26/2024 9:35:20 AM
Electronic Record and Signature Disclosure:
Accepted: 4/26/2024 9:34:55 AM
ID: fa4b0db0-0cd8-4691-a626-973545b5935f
Cher Castellini
[email protected]
Purchasing Manager
County of Tulare
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.189.152.6
Sent: 4/26/2024 9:35:22 AM
Viewed: 4/26/2024 10:32:36 AM
Signed: 4/26/2024 10:32:53 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
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Witness Events Signature Timestamp
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Envelope Sent Hashed/Encrypted 4/26/2024 9:30:08 AM
Certified Delivered Security Checked 4/26/2024 10:32:36 AM Signing Complete Security Checked 4/26/2024 10:32:53 AM Completed Security Checked 4/26/2024 10:32:53 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft OBO County of Tulare (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 2/13/2019 2:56:42 PM Parties agreed to: W Jaxon Baker
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
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PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERALSERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291
COUNTY OF TULARE
GENERAL SERVICES AGENCY
Purchasing Division
April 25, 2024
Jaxon Enterprises
Dba Deer Creek Asphalt
1643 Tahoe Court
Redding, CA 96003
Email: [email protected]
SUBJECT: MATERIAL CONTRACT NO. 1954 – 1/2” COLD MIX – NORTH/SOUTH COUNTY GENERAL: This is to notify you that the Tulare County Purchasing Agent is accepting your Bid No. 25-001 dated April 4, 2024, for the supplying of 1/2” Cold Mix-North/South County to the County of Tulare as indicated on the attached sheets. The above contract number has been issued and the contract will be effective, subject to the terms and conditions of the bid and to the provisions as incorporated herein through the period beginning July 1, 2024 and ending JUNE 30, 2025.
PRICES: The prices as bid are to be the maximum charged for the period of the contract. The Contractor shall immediately notify the County of all manufacturer's price decreases and the County of Tulare shall receive the full benefit of all such decreases, effective on the date of the manufacturer's general public announcement. The attached sheets and enclosures enumerate the prices applicable herein.
Prices are F.O.B. Destination to various County Departments or Governmental Entities.
Federal Excise Tax Exempt.
State Sales Tax to be added.
Cash discount terms: NET 1% 30 DAYS
ATTACHED SHEETS: The attached sheets and enclosures are herewith made a part of this contract.
USAGE: Usage of materials will be interspersed and periodic during the contract year, and as such will not be subject to shipment of the total estimated requirements at any one time.
DELIVERIES: Deliveries are to be made to the using department or agency by common transportation carrier, by the Contractor's own equipment, or by other means so as to effect prompt delivery.
Material Contract
Page One
DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA Due care shall be exercised in packing, handling and shipping to assure arrival of the material at its final destination in excellent condition. Any damage, loss, breakage, deterioration or other reason causing material not to arrive, or to arrive in other than excellent condition, shall be the responsibility of the Contractor. Frequency of delivery will be determined by the needs of the using department or agency and will be interspersed throughout the contract year.
The supplier shall be expected to maintain a normal delivery time which is established as being THIRTY (30) CALENDAR DAYS after receipt of order. Deliveries are to be made to the points indicated, as required.
Sufficient notice will be given to the Contractor to effect the required delivery.
QUANTITY & QUALITY OF MATERIALS OR SERVICE: The Contractor shall furnish and deliver the quantities designated by the Purchasing Agent. Packing slips which clearly identify the merchandise and the County of Tulare's Purchase Order number or agreement must accompany every delivery. All materials, supplies or services furnished under an agreement or Purchase Order resulting from this agreement shall be in accordance with the County's specifications. Materials or supplies, which in the opinion of the Purchasing Agent are not in accordance and conformity with such specifications, shall be rejected and promptly removed from the County's premises at the Contractor's expense. A resulting contract does not guarantee a specific amount of business.
INCLUSION IN THE CONTRACT: The County departments and governmental entities listed are those which will participate in the Contract. However, the right is reserved by the Purchasing Agent, at his discretion, to include any other County department and/or Governmental Entity in the Contract at the accepted prices.
RESPONSIBILITY FOR GOVERNMENTAL ENTITIES OTHER THAN THE COUNTY: Those Governmental Entities other than the County and its departments who are listed in the Request-For-Bids or who are subsequently included have signified their intention to participate in the Tulare County Contract. Participation will not impose any responsibility for payment of claims on the Tulare County Board of Supervisors or the County Purchasing Agent. Each such Governmental Entity will be billed separately, and payments will be made by warrants drawn on the appropriate funds for the Governmental Entity.
CONTRACT EXCLUSIVE: The provisions of the contract shall in no way prohibit the County from making incidental purchases from another suppliers for the same commodities as herein listed.
MERCHANDISE RETURNABLE FOR FULL CREDIT: Contractor agrees to give full credit for any merchandise sold by him on contract, if returned in good condition by the County.
GUARANTEE AGAINST DEFECTS: All items are to carry a full guarantee against defects in materials and workmanship and guarantee against breakage and other malfunctions when performing work for which they are designed.
PURCHASE ORDERS: Purchase Orders will be issued throughout the contract year to the Contractor for the requirements as needed for the department or agency.
INVOICING: All invoices are to be mailed in duplicate to the various locations designated on the "Invoice Address" on each purchase order. Reference shall be made to the purchase order number. Invoice shall be paid once a month on all deliveries made during the month.
Material Contract
Page Two
DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA RIGHT TO AUDIT: The County of Tulare reserves the right to verify, by examination of Contractor's records, all invoiced amounts when firm prices are not set forth in the purchase agreement.
CASH DISCOUNT: In connection with any cash discount specified on this contract, time will be computed from the date of complete delivery of the supplies or equipment as specified, or from date correct invoices are received if the latter date is later than the date of delivery. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the County warrant or check. (It is generally the County's policy to take any and all discounts regardless of date of delivery or invoice.) DEFAULT BY CONTRACTOR: In case of default by the Contractor, the County of Tulare may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in the contract or Purchase Order and actual cost thereof to the County of Tulare. Prices paid by the County shall be considered the prevailing market price at the time such purchase is made. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Agent.
CONTRACTOR ASSISTANCE: Contractor shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements.
LIABILITIES: The Contractor shall hold the County of Tulare, its officers, agents, and employees harmless from liability of any nature or kind because of the use of any copyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this bid, and agrees to defend, at Contractor's own expense, any and all actions brought against the County of Tulare or Contractor because of the unauthorized use of such articles.
INDEPENDENT CONTRACTOR STATUS: This Contract is entered into by both parties with the express understanding that CONTRACTOR will perform all services required under this Contract as an independent contractor. Nothing in this Contract shall be construed to constitute the CONTRACTOR or any of its agents, employees or officers as an agent, employee or officer of COUNTY. CONTRACTOR agrees to advise everyone it assigns or hires to perform any duty under this Contract that they are not employees, agents or officers of COUNTY. CONTRACTOR shall be solely responsible for determining the means and methods of performing the specified services and COUNTY shall have no right to control or exercise any supervision over CONTRACTOR as to how the services will be performed. As CONTRACTOR is not COUNTY’S employee, CONTRACTOR is responsible for paying all required state and federal taxes. In particular, COUNTY will not:
a. Withhold FICA (Social Security) from CONTRACTOR’S payments. b. Make state or federal unemployment insurance contributions on CONTRACTOR’S behalf.
c. Withhold state or federal income tax from payments to CONTRACTOR. d. Make disability insurance contributions on behalf of CONTRACTOR. e. Obtain unemployment compensation insurance on behalf of CONTRACTOR.
Notwithstanding this independent contractor relationship, COUNTY, through the Purchasing Agent, shall have the right to designate the sites at which services are to be performed, and to monitor and evaluate the performance of CONTRACTOR to assure compliance with this Contract.
Material Contract
Page Three
DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA INDEMNIFICATION: CONTRACTOR shall hold harmless, defend and indemnify the COUNTY, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to any property, including COUNTY property arising out of the acts or omissions of CONTRACTOR or its agents, officers and employees under this Contract.
This indemnification specifically includes any claims that may be made against COUNTY by any taxing authority asserting that an employer-employee relationship exists by reason of this Contract, the cost of any penalty or sanction imposed by any agency with regulatory authority over the activities carried out by CONTRACTOR, and any claims made against COUNTY alleging civil rights violations by CONTRACTOR under Government Code sections 12920 et Seq. (California Fair Employment and Housing Act).
CONTRACTOR specifically agrees to hold harmless and indemnify COUNTY for any and all claims arising out of any injury, disability, or death of CONTRACTORS employees or agents. This indemnification obligation shall continue beyond the term of this Contract as to any acts or omissions occurring under this Contract or any extension of this Contract.
It is the policy of the County of Tulare Board of Supervisors that in connection with all work performed under a purchase order or agreement with Tulare County, there shall be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, sex, or religious creed, and therefore, the Contractor agrees to comply with applicable Federal and California laws regarding employment practices. In addition, the Contractor agrees to require like compliance by all sub-contractors employed on the work by Contractor.
The foregoing obligations will continue beyond the term of the contract as to any act or omission that occurred during the term of the contract or any extension to the contract.
RENEWAL: The Contract may be renewed, by mutual written consent, for an additional TWO (2) ONE (1) year terms provided the prices, terms, and conditions remain the same.
NON-FUNDING CLAUSE: Funds provided for commodities or service under the terms of this contract are contingent on availability of public funds. Should sufficient funds not be allocated during those terms, this contract may be modified or terminated at any time by the County upon thirty (30) day notice. Notice shall be fully given in writing or through service in person or by first class mail.
TERMINATION OF CONTRACT: The County of Tulare may by giving ten (10) days written notice to the Contractor, terminate the contract prior to its expiration for due cause. Due cause for termination of contract shall be, but not limited to, failure to deliver in quantities required within a reasonable time period, failure of the product to meet specifications, and/or for reasons of unsatisfactory service.
The County may, upon giving thirty (30) days written notice to the Contractor, terminate the contract, with or without cause.
GOVERNING LAW: This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. The parties agree that this contract is made in and shall be performed in Tulare County California.
Material Contract
Page Four
DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.
COMPLIANCE WITH LAW: CONTRACTOR shall provide services in accordance with applicable Federal, State, and local laws, regulations and directives. With respect to CONTRACTOR'S employees, CONTRACTOR shall comply with all laws and regulations pertaining to wages and hours, state and federal income tax, unemployment insurance, Social Security, disability insurance, workers' compensation insurance, and discrimination in employment.
CONFLICT OF INTEREST:
(a) CONTRACTOR agrees to, at all times during the performance of this Agreement, comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to Government Code Section 1090 et seq., and the Political Reform Act, Government Code Section 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. The statutes, regulations and laws previously referenced include, but are not limited to, prohibitions against any public officer or employee, including CONTRACTOR for this purpose, from making any decision on behalf of COUNTY in which such officer, employee or consultant/contractor has a direct or indirect financial interest. A violation can occur if the public officer, employee or consultant/contractor participates in or influences any COUNTY decision which has the potential to confer any pecuniary benefit on CONTRACTOR or any business firm in which CONTRACTOR has an interest, with certain narrow exceptions.
(b) CONTRACTOR agrees that if any facts come to its attention which raise any questions as to the applicability of conflicts of interests laws, it will immediately inform the COUNTY designated representative and provide all information needed for resolution of this question.
FORM DE-542: CONTRACTOR acknowledges that this Agreement is subject to filing obligations pursuant to Unemployment Insurance Code Section 1088.8. Accordingly, COUNTY has an obligation to file a report with the Employment Development Department, which report will include the CONTRACTOR’s full name, social security number, address, the date this contract was executed, the total amount of the contract, the contract’s expiration date or whether it is ongoing. CONTRACTOR agrees to cooperate with COUNTY to make such information available and to complete Form DE- 542. Failure to provide the required information may, at COUNTY’s option, prevent approval of this Agreement, or be grounds for termination by COUNTY.
CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY: This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties to be, in conflict with any code or regulation governing its subject matter, only the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party. In all other cases the remainder of the Agreement shall continue in full force and effect.
CONSTRUCTION: This Agreement reflects the contributions of all undersigned parties and accordingly the provisions of Civil Code section 1654 shall not apply to address and interpret any alleged uncertainty or ambiguity.
Material Contract
Page Five
DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided in this Agreement, COUNTY is relying on the personal skill, expertise, training and experience of CONTRACTOR and CONTRACTOR'S employees and no part of this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of COUNTY.
WAIVERS: The failure of either party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other party.
ENTIRE AGREEMENT REPRESENTED: This Agreement represents the entire agreement between CONTRACTOR and COUNTY as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of both parties.
EXHIBITS AND RECITALS: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.
NO THIRD-PARTY BENEFICIARIES INTENDED: Unless specifically set forth, the parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.
OTHER PROVISIONS:
ACCEPTED: COUNTY OF TULARE
Date By________________________________
Purchasing Agent
ACCEPTED: JAXON ENTERPRISES DBA DEER CREEK ASPHALT
Date By_________________________________
Title________________________________
[Pursuant to Corporations Code section 313, County policy requires that contracts with a Corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president (or another officer having general, operational responsibilities), and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer (or another officer having recordkeeping or financial responsibilities), unless the contract is accompanied by a certified copy of a resolution of the corporation’s Board of Directors authorizing the execution of the contract. Similarly, pursuant to California Corporations Code section 17703.01, County policy requires that contracts with a Limited Liability Company be signed by at least two managers, unless the contract is accompanied by a certified copy of the articles of organization stating that the LLC is managed by only one manager.]
Material Contract
Page Six
DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA 4/26/2024
Pres
4/26/2024
CONTRACT NO.: 1954
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 25-001
VENDOR NAME: JAXON ENTERPRISES
DBA DEER CREEK ASPHALT
PHONE: (530) 241-2112
or (661) 372-2228
FAX: (530) 243-0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:
Patty Baker
CITY STATE ZIP CODE: REDDING, CA 96003 E-MAIL:
[email protected]
ORDER FROM: JAXON ENTERPRISES
DBA DEER CREEK ASPHALT
STREET ADDRESS: 1643 TAHOE COURT
CITY STATE ZIP CODE: REDDING, CA 96003
REMIT TO: JAXON ENTERPRISES
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
SUBJECT: 1/2” COLD MIX MATERIAL – NORTH/SOUTH COUNTY
COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2024 THROUGH JUNE 30, 2025
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: NONE
MERCHANDISE RETURNS: FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.
PRICES: SEE EXHIBIT B – COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD Material Contract
DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA CONTRACT NO.: 1954
SUPPLIER
PART
NUMBER
EXTENDED DESCRIPTION UNIT OF MEASURE LIST PRICE
001 1/2” COLD MIX – NORTH/SOUTH COUNTY TON $63.00
SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor’s plant and/or storage location as required.
Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date.
GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Cold Mix Material is important and necessary to the County for the economic completion of its road work projects.
PRICES: Prices shall be F.O.B. Plant Location and shall exclude Federal Excise Taxes, for which the County is exempt. California State Sales Tax will be allowed on the net bid price. The price per ton shall include all fees for the duration of the contract. Example, environmental fees, etc.
NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 1/2" PLANT RUN COLD MIX with OIL: $ 63.00 PER TON
Plant Run Cold Mix – 1/2” mix as per CalTrans Specs. Section #39 or as requested by County representative. SC-800 or SC-3000 grade oil as per CalTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans for such Plant Run Cold Mix or as requested by County representative. 14,000 Tons total estimated quantity for North County/South County through June 30, 2025.
Applicable sales tax will be added in addition to the price indicated above.
The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer.
PLANT LOCATION/SHIPPING POINT: 27671 AVENUE 120, PORTERVILLE, CA 93257 SMARA MINE ID 91-54-0021
PARTICIPATING DEPARTMENTS:
RMA Road Yard #1, Porterville
RMA Road Yard #2/3 Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Material Contract
DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA
EXHIBIT B
5-l. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS
GENERAL
Summary
This section applies to asphalt contained in materials for pavement structural sections and pavement surface treatments such as hot mix asphalt (HMA), plant run cold mix(PRCM), tack coat, asphaltic emulsions, bituminous seals, asphalt binders, and modified asphalt binders placed in the work.
The Engineer adjusts payment if the California Statewide Crude Oil Price Index for the month the material is placed is more than 5 percent higher or lower than the price index at the time of contract.
The California Statewide Crude Oil Price Index is determined each month on or about the last business day of the month by the Department using the average of the posted prices in effect for the previous month as posted by Chevron, ExxonMobil, and ConocoPhillips for the Buena Vista, Huntington Beach, and Midway Sunset fields.
If a company discontinues posting its prices for a field, Caltrans determines the index from the remaining posted prices. Caltrans may include additional fields to determine the index.
For the California Statewide Crude Oil Price Index, go to:
http://www.dot.ca.gov/hq/construc/crudeoilindex/
If the adjustment is a decrease in payment, the County deducts the amount from the monthly progress payment.
ASPHALT QUANTITIES
General
Interpret the term “ton" as "tonne" for projects using metric units.
Hot Mix Asphalt/Plant Run Cold Mix
The Engineer calculates the quantity of asphalt in HMA or PRCM using the following formula:
Qh = HMATT x [Xa/(100 + Xa)]
where:
Qh = quantity in tons of asphalt used in HMA or PRCM
HMATT= HMA or PRCM total tons placed
Xa= theoretical asphalt content from job mix formula expressed as percentage of the weight of dry aggregate
Material Contract
DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA Hot Mix Asphalt Containing Reclaimed Asphalt Pavement (RAP) The Engineer calculates the quantity of asphalt in HMA containing RAP using the following formulas:
Qrap = HMATT x [Xaa I (100 + Xaa)]
where:
Xaa=Xta-[(100-Xnew) x (Xra/100)]
and
Qrap = quantity in tons of asphalt used in HMA containing RAP HMATT = HMA total tons placed
Xaa = asphalt content of HMA adjusted to account for the asphalt content in RAP expressed as percentage of the weight of dry aggregate Xta = total asphalt content of HMA expressed as percentage of the weight of dry aggregate
Xnew= theoretical percentage of new aggregate in the HMA containing RAP determined from RAP percentage in the job mix formula
Xra = asphalt content of RAP expressed as percentage
Asphaltic Emulsion
The Engineer calculates the quantity of asphalt in asphaltic emulsions, including fog seals and tack coat, using the following formula:
Qe =AETT x (Xe I 100)
where:
Qe = quantity in tons of asphalt used in asphaltic emulsions AETT = undiluted asphaltic emulsions total tons placed
Xe = minimum percent residue specified in Section 94, "Asphaltic Emulsions." of the Standard Specifications based on the type of emulsion used Other Materials
For other materials containing asphalt not covered above, the Engineer determines the quantity of asphalt (Qo).
Material Contract
DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA
PAYMENT ADJUSTMENTS
The Engineer includes payment adjustments for price index fluctuations in progress pay estimates. If material containing asphalt is placed within 2 months during 1 estimate period, the Engineer calculates 2 separate adjustments. Each adjustment is calculated using the price index for the month in which the quantity of material containing asphalt subject to adjustment is placed in the work. The sum of the 2 adjustments is used for increasing or decreasing payment in the progress pay estimate.
The Engineer calculates each payment adjustment as follows:
PA = Qt x A
where:
PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month.
Qt = Sum of all quantities of asphalt-contained materials in pavement structural sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + Qe + Qss + Qmab + Qo).
A =Adjustment in dollars per ton of asphalt used to produce materials placed in the work rounded to the nearest $0.01.
For US Customary projects, use:
A = [(Iu /Ib) - 1 .05] x lb x [1 + (T / 100)] for an increase in the crude oil price index exceeding 5 percent
A = [(lu /lb) - 0.95] x Ib x [1 + (T / 100)] for a decrease in the crude oil price index exceeding 5 percent
For metric projects, use:
A = 1.1023 x [(Iu /Ib)- 1.05] x lb x [1 + (T I 100)] for an increase in the crude oil price index exceeding 5 percent
A = 1.1023 x [(lu /lb)- 0.95] x lb x [1 + (T I 100)] for a decrease in the crude oil price index exceeding 5 percent
Iu = California Statewide Crude Oil Price Index for the month in which the quantity of asphalt subject to adjustment was placed in the work.
Ib = California Statewide Crude Oil Price Index for the month in which the bid opening for the project occurred
T = Sales and use tax rate, expressed as a percent, currently in effect in the tax jurisdiction where the material is placed. If the tax rate information is not submitted timely, the statewide sales and use tax rate is used in the payment adjustment calculations until the tax rate information is submitted.
Material Contract
DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA DocuSign Envelope ID: 10BED039-62EC-4E18-8338-ADDCB5E994EA Certificate Of Completion
Envelope Id: 10BED03962EC4E188338ADDCB5E994EA Status: Completed Subject: 1/2” COLD MIX – NORTH/SOUTH COUNTY
Source Envelope:
Document Pages: 41 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 Elaine Anderson
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
2637 W. Burrel Ave.
Suite 200
Visalia, CA 93291
[email protected]
IP Address: 54.211.82.250
Record Tracking
Status: Original
4/26/2024 8:51:36 AM
Holder: Elaine Anderson
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Carahsoft OBO County of Tulare Location: DocuSign Signer Events Signature Timestamp
W Jaxon Baker
[email protected]
Pres
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Cher Castellini
[email protected]
Purchasing Manager
County of Tulare
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Item No. 7.
CITY COUNCIL AGENDA – JUNE 18, 2024
SUBJECT: Authorization to Distribute Request for Proposals - Golf Course Management Services
SOURCE: Parks and Leisure Services
COMMENT: The Porterville Municipal Golf Course has over a century of history, dating back to its establishment in the 1920s. The nine-hole course features nearly 3,000 yards of gently sloping Bermuda grass over 39 acres. It is open to the community Tuesday-Sunday, from 6:00 AM to dark. The course boasts a pro shop, driving range, cart rentals, and a snack bar. In addition to individual rounds of golf, the course also plays host to many local tournaments, practices for youth sports teams, junior academies, lessons with PGA instruction, and more. The recreation area was largely developed by the Leggett family and passed on to the City of Porterville in 1945. In 1948, the City determined that the Golf Course needed an experienced professional to run the daily operations and established its first agreement for management services.
The current agreement for the management of the golf course expires in August 2024. The golf course has been managed by Mr. Casey Butler since 2011, and he has maintained a good working relationship with city staff. Due to the fact the current contract is expiring in August, staff is seeking authorization to issue a Request For Proposal (RFP) at this time to enter into a new agreement for the management of the golf course.
The proposer must be a certified PGA Professional with at least three (3) years of experience in golf course management. In addition, the proposer must deliver high-quality golf course services and conduct business in a fashion accepted and established by the City of Porterville. It is expected that the proposer operate the golf course in an orderly manner with a commitment to exceptional customer service, and maintain the golf course and related facilities in good and neat order, condition, and repair.
A few other requirements of a successful proposer are that the individual or company: shall market and promote the course and amenities; formulate and implement the operation of programs, business plans, and budgets; be responsible for collection and accounting of all revenues, as well as payment and accounting of all expenses in a timely and secure manner; and prepare daily, monthly, and annual financial operating statements.
RECOMMENDATION: That the City Council authorize staff to distribute request for proposals for golf course management services at the Porterville Item No. 7.
Municipal Golf Course.
ATTACHMENTS: 1. Draft RFP Golf Course Management
Appropriated/Funded:
Review By:
Department Director:
Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, City Manager
CITY OF PORTERVILLE
REQUEST FOR PROPOSALS FOR
RETAIL RECRUITMENT SOFTWARE FIRM
RFP No. ________
The City of Porterville, (hereinafter “City”) is initiating this Request for Proposals (RFP) to solicit Proposals from companies or individuals interested in providing golf course management services at its municipal golf course, in accordance with the terms and conditions set forth in this RFP, and any other term(s) and condition(s) in any contract subsequently awarded. The City intends to select one (1) qualified applicant to provide full-service golf course management at the Porterville Golf Course. This document identifies the general scope and procedures in this process. Responding applicants must have relevant experience and the ability to provide the requisite professional services.
Submittal: One PDF version must be received by:
5:00 p.m., PST Friday, July 19, 2024
Addressed to: Parks and Leisure Services Department
City of Porterville
Attention: Donnie Moore
[email protected]
Email Subject: RFP No. ________ Golf Course Management Services Late or incomplete Proposals will not be accepted and will be automatically disqualified from further consideration. All Proposals and any accompanying documentation become the property of the City of Porterville and will not be returned.
INQUIRIES:
Proposal forms may be inspected and electronically downloaded at no cost, at the Public Purchase website, https://www.publicpurchase.com. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website. Proposals can also be submitted by email in a PDF format to [email protected].
Questions regarding this project are due no later than Wednesday, July 17, 2024.
The City of Porterville is an Equal Opportunity Employer.
I. INTRODUCTION
City, through its Parks and Leisure Services Department, is initiating this RFP to solicit Proposals from companies or individuals interested in providing golf course management services at its municipal golf course, in accordance with the terms and conditions set forth in this RFP, and any other term(s) and condition(s) in any contract subsequently awarded. The selected company or individual shall be selected and determined through the City’s review of each response, considering the factors identified in this RFP, and any other factors that it considers relevant to serving the best interests of the City and its mission.
II.MINIMUM QUALIFICATIONS
The Proposer must be a certified PGA Professional with at least (3) three years of experience in golf course management.
III. PERIOD OF PERFORMANCE
Subsequent to the selection of the awarded Proposer, the contents of the Proposal shall become a contractual obligation if a contract ensues. Failure of a Proposer to accept this obligation will result in the cancellation of the contract award. The period of performance of any contract resulting from this RFP is tentatively scheduled to begin on or about August 15, 2024, and to end on August 15, 2029, with the opportunity to extend the contract (5)five more years based on performance, and mutually agreed upon by both parties.
IV. SCOPE OF SERVICES
The City of Porterville is seeking Proposals from companies or individuals with experience in managing a golf course. The services shall include, but not limited to the following:
1. Deliver high-quality golf course services and conducting business in a fashion accepted and established by the United States Golfers Association (“USGA”) and the City of Porterville.
2. Operate the golf course in an orderly manner with a commitment to exceptional customer service.
3. Maintain the golf course and related facilities in good and neat order, condition, and repair.
4. The successful Proposer agrees that all equipment, furnishings, and improvements provided shall meet the requirements of all applicable building, fire, pollution, and other related codes.
5. Pro Shop - Customer service including register operations, merchandise sales, tee-times bookings, starter services, and the day-to-day custodial services, maintenance, and repair of the equipment.
6. Concessions - All aspects of the food and beverage operations, all permits, codes, and other regulations of the City, Tulare County, and the State of California.
7. Programming - Special events, tournaments, league play, individual, and group play.
8. Advertising - Market and promote the course and amenities, including strategy, budget, media, types, frequencies, promotions, and any other relevant information.
9. Formulation and implementation of operating programs, business plans, and budgets.
10. Collection and accounting of all revenues in a timely and secure manner.
11. Payment and accounting of all expenses in a timely manner.
12. Preparation of daily, monthly, and annual financial operating statements.
V. REJECTION OF PROPOSALS
The City reserves the right to reject all Proposals received as a result of this RFP, or to negotiate separately with any source whatsoever in any manner necessary to serve the best interest of the City.
VI. ADDENDA
It is the responsibility of Proposer to check the purchasing webpage https://www.publicpurchase.com for Addenda or other additional information that may be posted regarding this RFP.
VII. QUESTION DEADLINE
Questions regarding this project are due no later than Wednesday, July 17, 2024, through https://www.publicpurchase.com.
VIII. RESPONSE DATE
All Proposals shall be received by the City of Porterville by 5:00 p.m. PST on the Public Purchase website, or submitted by email in a PDF format to [email protected]. by Friday, July 19, 2024.
IX. PROPOSALS
To be considered, Proposers must submit a complete response to this RFP using the format required on the Public Purchase website https://www.publicpurchase.com. One (1) original Proposal must be submitted to the City of Porterville’s Parks and Leisure Services Department via Public Purchase’s website.
X. SELECTED COMPANY OR INDIVIDUAL RESPONSIBILITIES
The selected company or individual will be required to assume responsibility for all services offered in his/her Proposal, regardless of who produces them. Furthermore, the City will consider the selected company or individual to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.
XI. CONTRACT PAYMENT
The selected company or individual will submit invoices to the City of Porterville’s Finance Department.
Payment for contract services entered into as a result of this RFP within shall be made within the timeframe specified in the contract.
XII. EQUAL OPPORTUNITY AFFIRMATIVE ACTION
The selected company or individual shall adhere to all federal and state regulations in respect to equal opportunity, affirmative action and minority representations. Minority companies and women owned business enterprises are encouraged to apply.
The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprise (DBE) will be afforded full opportunity to submit Proposals in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, handicap, gender, religion or sexual orientation in any consideration leading to the award of contract.
No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of contract.
XIII. PROPOSAL REQUIREMENTS
All Proposals shall be organized in the following manner:
A. Proposer’s Contact Information
Name, address and telephone number of the Proposer. The name and title of the individual authorized to negotiate contract terms and make binding commitments shall be included.
B. Proposer Capacity and Experience
C. Proposer’s Team Structure / Internal Controls
Provide a description of the Proposer’s team structure. Provide an organizational chart of the company or individual indicating lines of authority for personnel involved in performance of this potential contract.
D. Experience of the Proposer
Indicate the experience the Proposer has in the following areas:
i. Indicate other relevant experience that indicates the qualifications of the Proposer, and any team members, for the performance of the potential contract. ii. Include a list of contracts the Proposer has had during the last five (5) years that relate to the Proposer’s ability to perform the services needed under this RFP. List contract reference numbers, contract period of performance, contact persons, telephone numbers, and e-mail addresses. The Proposer grants permission to the City to contact the list provided.
E. References
List names, addresses, telephone numbers, and e-mail addresses of three (3) businesses references for whom work has been accomplished and briefly describe the type of services provided. The Proposer grants permission to the City to contact the references provided. Do not include current City Staff as references. The City may evaluate references at the City’s discretion.
F. Related Information
If the Proposer has had a contract terminated for default in the last five (5) years, describe the incident. Termination for default is defined as notice to stop performance due to the Proposer’s non-performance or poor performance and if the issue of performance was either:
i. Not litigated due to inaction on the part of the Proposer, or ii. Litigated and such litigation determined that the Proposer was in default. Submit full details of the terms for default including the other party's name, address, and phone number. Present the Proposer’s position on the matter. The City will evaluate the facts and may, at its sole discretion, reject the Proposal on the grounds of the past experience. If no such termination for default has been experienced by the Proposer in the past five (5) years, so indicate.
XIV.COST PROPOSAL
The evaluation process is designed to award this procurement not necessarily to the Proposer that proposes the least cost, but rather to the Proposer whose Proposal best meets the requirements of this RFP.
A. Identification of Costs
Identify all costs, including expenses to be charged for performing the services necessary to accomplish the objectives of the contract. At a minimum the cost proposal shall include professional service fees for implementation and related services, if any.
XV. EVALUATION CRITERIA
The Proposals received will be reviewed by City Staff. This RFP is competitive and priority will be given to Proposals that most closely meet the needs of the City. All Proposals will be fully considered and rated by the evaluation team. The City may use some or all of the following criteria in its evaluation of Proposals submitted. The following list of criteria is not necessarily an all-inclusive list. The order in which criteria appear is not intended to indicate their relative importance:
A. Price: Analysis of cost competitiveness.
B. Responsiveness to RFP Requirements: Quality of the information submitted in the Proposal based on completeness, relevance, conciseness and organization of material presented.
C. Project Understanding: The level to which the Proposer understands the needs of the City, and the scope of the RFP.
D. Proposer’s Experience: Recent experience in providing similar golf management services to other public agencies.
E. References: Ability to provide references for the City’s review.
The City may also contact and evaluate the Proposer’s references; contact any Proposer to clarify any response; contact any current users of a Proposer’s services; solicit information from any available source concerning any aspect of a Proposal; and seek and review any other information deemed pertinent to the evaluation process.
The City shall not be obligated to accept the lowest-priced Proposal, but shall make an award in the best interest of the City.
Item No. 8.
CITY COUNCIL AGENDA – JUNE 18, 2024
SUBJECT: Acceptance of Project - Main Street Reconstruction Project (Putnam Avenue to Morton Avenue)
SOURCE: Engineering and Project Management
COMMENT: Granite Construction Company has completed the Main Street Reconstruction Project between Putnam Avenue and Morton Avenue. The project consisted of the removal and replacement of the existing asphalt and base and the installation of detectable warnings, conduit for fiber optic line, video detection at the intersections of Main Street at Putnam Avenue and Morton Avenue, banner poles between City Hall and Centennial Park, and purple pipe to prepare for the future use of reclaimed water throughout the city.
Staff tracks construction costs of all Capital Improvement Projects and reports construction expenditures when the project is accepted by City Council. At its meeting on June 30, 2024, the Council authorized an expenditure of $1,950,579.50 for construction, construction management, and quality control inspection services for the project. The following itemizes the construction related costs into two categories: 1) the construction contract, and 2) a combination of construction management and quality control.
1. Final Construction Cost is $1,819,393.68
2. Construction management, quality control, and inspection service costs are $84,499.73
Total project construction costs equate to $1,903,893.41, which is less than the $1,950,579.50 overall budget approved by Council at the time of award.
Funding for the project is provided from Road Maintenance Rehabilitation Account (SB1/Special Gas Tax Funds) in the amount of $1,548,748 and up to $1,000,000 in Local Transportation Funds.
Granite Construction Company requests that the Council accept the project as complete. Staff has reviewed the work and found it acceptable.
RECOMMENDATION: That the City Council:
1. Accept the project as complete;
2. Authorize the filing of the Notice of Completion by the City Clerk; and
3. Authorize the release of the five percent (5%) retention thirtyfive (35) days after recordation, provided no stop notices have been filed.
Item No. 8.
ATTACHMENTS: 1. Locator Map
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager
N
TULARE N
180
245
63 198
137
190
99 43
65 190
190
137
198
Know what'sbelow. Callbefore you dig. R
W THURMAN AVEN MAIN ST
E HARRISON AVE
E MORTON AVE
E PUTNAM AVE
E CLEVELAND AVE N 2ND ST N 3RD ST N 4TH ST N HOCKETT ST N N D ST Ó L:\Projects\2019\190121\ACAD\Improvements\ST\190121-CV-PHASE ONE.dwg, 5/5/2023 5:18:54 PM, Client Submittal, Plotted by MAG Item No. 9.
CITY COUNCIL AGENDA – JUNE 18, 2024
SUBJECT: Acceptance of Project - Skatepark Improvement Project SOURCE: Engineering and Project Management
COMMENT: Spohn Ranch, Inc. has completed the Skatepark Improvement Project per plans and specifications. Their contract included full-service materials and installation of skatepark improvements to replace the existing unimproved portions of the skatepark.
Staff tracks construction costs of all Capital Improvement Projects and reports construction expenditures when the project is accepted by City Council. At its meeting on November 7, 2023, the Council authorized an expenditure of $195,000 for construction, construction management, and quality control and inspection services. The following itemizes the construction related costs into two categories: 1) the construction contract, and 2) a combination of construction management and quality control.
1. Final Construction Cost is $190,000
2. Construction management, quality control, and inspection service costs are $2,241.20
Total project construction costs equate to $192,241.20, which is less than the $195,000 overall budget approved by Council at the time of award. Funding for this project is provided by a California State Parker Per Capita Program grant in the amount of $100,000 for this project and up to $95,000 in General Fund Capital Construction/Improvement Designated Fund.
Spohn Ranch, Inc. requests that the Council accept the project as complete.
Staff has reviewed the work and found it acceptable.
RECOMMENDATION: That the City Council:
1. Accept the project as complete; and
2. Authorize the filing of the Notice of Completion by the City Clerk.
ATTACHMENTS: 1. Locator Map
Appropriated/Funded:
Review By:
Department Director:
Item No. 9.
Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager
SKATE PARK
ENGINEERING DIVISION
CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 PORTERVILLE
SKATE PARK
W HENDERSON AVE
VETERANS PARK
PORTERVILLE
WWTP N NEWCOMB ST
Item No. 10.
CITY COUNCIL AGENDA – JUNE 18, 2024
SUBJECT: Extension of Funding Agreement with Kern Community College District (Porterville College) for a Part-time Reserve Police Officer SOURCE: Police
COMMENT: The Porterville Police Department currently has one Reserve Police Officer assigned to Porterville College on a part-time basis. This Reserve Police Officer provides police services six hours per day (Monday – Thursday) for Porterville College campus security/patrol. During school hours, this officer is on campus and responds to reports of various types, including criminal activity, at the school site. In addition, this officer provides requested security for after-school functions throughout the school year, as requested. All equipment, vehicle(s), and uniforms will be provided by the Porterville Police Department.
Kern Community College District has requested an extension of the agreement for the funding, which they pay the Reserve Police Officer at a rate of $33.00/hour, an estimated $32,000 annually during this one-year agreement.
Department staff is requesting City Council approval to enter into an agreement to continue the Reserve Police Officer program with Kern Community College District - Porterville College.
RECOMMENDATION: That the City Council:
1. Approve the Extension Agreement with Kern Community
College District for funding for a part-time Reserve Police Officer for the period of July 1, 2024, through June 30, 2025; and
2. Authorize the Chief of Police to execute the agreement on behalf of the City of Porterville.
ATTACHMENTS: 1. Porterville College Extension Agreement Appropriated/Funded:
Review By:
Department Director:
Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager
Item No. 11.
CITY COUNCIL AGENDA – JUNE 18, 2024
SUBJECT: Heritage Center Land Acquisition General Plan Consistency Determination SOURCE: Community Development
BACKGROUND: Since 2018, the City of Porterville (City) and Porterville Unified School District (PUSD) have been negotiating the conveyance of approximately
3.80 acres of the City’s Heritage Park site to PUSD for expansion of the Santa Fe Elementary School site. The subject site is located at 256 W.
Orange Avenue (APN 261-150-056) and is currently developed with the Heritage Center and a parking lot. The site has a General Plan Land Use of Parks and Recreation. On May 22, 2024, the City received a request from PUSD requesting the City’s determinations pursuant to Public Resources Code (PRC) Section 21151.2 and Government Code (GC) Section 65402.
These statutes provide the City with the opportunity to make a recommendation concerning acquisition of the site and a finding related to consistency with the City’s General Plan, respectively.
COMMENT: N/A
ANALYSIS: PRC Section 21151.2 requires that the planning commission investigates the site and provides PUSD with a report of the investigation along with any recommendations. Such report shall be made within 30 days of the City’s notification. As the City has no planning commission, this responsibility falls to the City Council. Given that the City is a willing participant in the conveyance of the property to PUSD, it stands to reason that the City believes the site is suitable for the use to which PUSD would put it. Accordingly, the investigation pursuant to PRC Section 21151.2 is limited in scope and the City supports PUSD’s acquisition of the site.
GC Section 65402(c) requires that, where the City has an adopted general plan, no local agency—which includes a school district—shall acquire real property for specified purposes “until the location, purpose and extent of such acquisition” has been submitted to and reported upon by the planning agency having jurisdiction as to conformity with the general plan. Such a report shall be made within 40 days of the City’s receipt of the request or the acquisition is conclusively deemed to be consistent with the general plan. As mentioned, the site is designated Parks and Recreation, which does not allow school facilities. However, although use of the site for school facilities does not conform to the general plan, such inconsistency does not preclude PUSD for acquiring the site and constructing its facilities. Further, Item No. 11.
GC Section 53091, along with supporting case law and Opinions of the California Attorney General, indicates that the finding of general plan consistency or inconsistency solely an exchange of information.
ENVIRONMENTAL
REVIEW:
The activity would not constitute as a “project” as defined in the California Environmental Quality Act (CEQA) as it comprises as an administrative action by the city that would not directly or indirectly result in any physical changes to the environment.
RECOMMENDATION: That the City Council:
1. Adopt the draft Resolution detailing the results of its investigations pursuant to Public Resources Code Section 21151.2 and Government Code Section 65402(c); and
2. Direct staff to forward a copy of said Resolution to the Porterville Unified School District.
ATTACHMENTS: 1. Heritage Site Acquisition Request Letter
2. Locator Map
3. GPLU
4. Zoning
5. Draft Resolution
Appropriated/Funded:
Review By:
Department Director:
Claudia Calderon, Acting Community Development Director Final Approver: Patrice Hildreth, City Manager
EXHIBIT A
ASSESSOR’S PARCEL MAP
RESOLUTION NO. _____-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE MAKING DETERMINATIONS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21151.2 AND GOVERNMENT CODE SECTION 65402(c) IN THE MATTER OF SITE
ACQUISITION BY PORTERVILLE UNIFIED SCHOOL DISTRICT
WHEREAS: in a letter dated May 22, 2024, the Porterville Unified School District (District) did request that the City of Porterville (City) conduct an investigation and make determinations as required pursuant to Public Resources Code Section 21151.2 and Government Code section 65402; and
WHEREAS: pursuant to Public Resources Code Section 21151.2 and Government Code Section 65042(c), responses to the District’s inquiries are required within 30 days and 40 days, respectively, from the date of notification by the District; and WHEREAS: at a regular meeting on June 18, 2024, the City Council of the City of Porterville did consider said request from the District; and WHEREAS: pursuant to Public Resources Code Section 21151.2, the District has requested that the City provides a report regarding the District’s proposed acquisition of approximately 3.80 acres of APN 261-150-056 (Site) currently owned by the City and part of its Heritage Park that the District intends to use for expansion of the Santa Fe Elementary School; and
WHEREAS: the City as owner of the Site is a willing participant in conveyance of the Site to the District; and
WHEREAS: pursuant to Government Code Section 65402(c), the District has requested that the City provides a report regarding the consistency of the proposed school site with the City of Porterville General Plan; and
WHEREAS: the Land Use Element of the Porterville General Plan identifies the Site as Parks and Recreation, within which land use designation schools are neither allowed nor prohibited; and
WHEREAS: the General Plan does contain a land use designation entitled Public Facility, within which public schools are deemed an appropriate use, and which would thus be more desirable from a standpoint of general plan consistency.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby make the following finding pursuant to Public Resources Code Section 21151.2:
Based upon rationale contained entirely within the record, and summarized herein, the City Council concludes that the Site is an appropriate location for expansion of the existing Santa Fe Elementary School by general reason of its proximity to said Sante Fe Elementary School thus obviating the need to acquire land elsewhere for new construction.
BE IT FURTHER RESOLVED that the City Council does hereby make the following finding pursuant to Government Code Section 65402(c):
That the proposal to acquire the Site and expand the Santa Fe Elementary School at that location is not consistent with the Land Use Element of the City of Porterville General Plan. The City acknowledges that pursuant to Section 65402(c), it has been granted the opportunity to review and comment on consistency with its General Plan, and that it cannot enforce the policies of its General Plan on the District’s activities.
BE IT FURTHER RESOLVED that the findings contained in this Resolution No. XX2024 shall constitute the reports of the City of Porterville in response to the respective inquiries made by Porterville Unified School District regarding acquisition of the Site for construction of school facilities, said Resolution to be forwarded to the District for its use.
PASSED, APPROVED, AND ADOPTED this 18th day of June, 2024.
By: __________________________
Martha A. Flores, Mayor
ATTEST:
Patrice Hildreth, City Clerk
By: _______________________
Fernando Gabriel- Moraga, Acting Chief Deputy City Clerk Item No. 12.
CITY COUNCIL AGENDA – JUNE 18, 2024
SUBJECT: Amendment No. 2 to 4Creeks, Inc. Santa Fe Byway Trail Service Agreement SOURCE: Engineering and Project Management
COMMENT: 4 Creeks, Inc. is under contract with the City to design and provide plans and specifications for the Pedestrian Improvement Project as an extension of the Santa Fe Byway Trail Project. The Pedestrian Improvement Project is funded with a State Active Transportation Program (ATP) grant and for the installation of High-intensity Activated crossWalk (HAWk) systems at the Olive Avenue and Morton Avenue crossings along the Santa Fe Byway as well as a crossing on Plano Street at Chase Avenue. It has been determined that potholing services will be required at each of the crossings in order for the plans and specifications to be completed. Not potholing the areas to help with the final design could cause unnecessary increases in construction costs created by unknown conditions.
Staff is seeking an amendment to the 4 Creeks, Inc. Service agreement for the design of the HAWk systems and required accessibility improvements to deliver a complete set of plans and specifications that meet the deliverable requirements of the awarded ATP grant for the HAWk crossings. Cost for the additional design services is $26,377.32 and funding is available through the City's Measure R Alternative Transportation fund.
RECOMMENDATION: That the City Council:
1. Authorize the Engineering & Project Management Director to execute Addendum No. 2 to the 4 Creeks, Inc. Service Agreement at an agreed upon fee of $26,377.32 for the services described herein; and
2. Authorize progress payments up to one hundred percent (100%) of the fee amount and authorize a ten percent (10%) contingency to cover unforeseen costs.
ATTACHMENTS: 1. 4Creeks, Inc. - Contract Amendment 2
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager
Item No. 12.
May 31, 2024
Ms. Sarah Weaver
Project Manager
City of Porterville
291 N. Main Street
Porterville, Ca 93257
Subject: HAWK Pedestrian Crossing Project – Contract Amendment 2 4Creeks Project No. 22264
Dear Ms. Weaver,
We have prepared a scope of work and fee for the additional services required to complete the plans, specifications, and opinion of probable construction costs (PS&E) for the proposed HAWK Pedestrian Crossing Project. Our understanding is that the additional scope of work includes the following:
Task 15: Potholing Services for Pedestrian Hybrid Beacon Design 4Creeks will coordinate with our subconsultant, 4CG Construction, and obtain up to 12 potholes total in the City of Porterville at the following proposed Pedestrian Hybrid Beacon locations:
• Olive Avenue & Santa Fe Trail crossing
• Morton Avenue & N. Henrehan Street
• Henderson Avenue & 4th Street
• Plano Street & Chase Avenue
The 4Creeks Team will obtain an encroachment permit from the City. A traffic control plan that will be implemented throughout the process will also be provided. Prior to potholing, Underground Service Alert will be notified to mark existing utilities at each of the locations.
Total Contract Amendment 2 = $26,377.32
Exclusions
• Any work not specifically listed in this scope of services.
HAWK Pedestrian Crossing Project May 31, 2024
Contract Amendment 2 Page 2
If you have any questions or need any additional information, please feel free to give us a call to discuss.
Sincerely,
Lisa M. Wallis-Dutra, PE 71262, TE, PTOE, RSP Matthew D. Ainley, PE 66233 Senior Civil Engineer Principal-In-Charge
Project: HAWK Pedestrian Crossing Project – Contract Amendment 2 City of Porterville Approval:
Signature Date
Print Name and Title
Item No. 13.
CITY COUNCIL AGENDA – JUNE 18, 2024
SUBJECT: Permanent Local Housing Allocation (PLHA) Year 4 Application SOURCE: Community Development
COMMENT: In 2020, the California Department of Housing and Community Development (HCD) announced the availability of funding for the Permanent Local Housing Allocation (PLHA) program Entitlement and Non-Entitlement Local government formula component Notice of Funding Availability (NOFA).
Funding for the NOFA was provided pursuant to Senate Bill (SB) 2 (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorizes HCD to allocate 70 percent of monies collected and deposited in the Fund, beginning in calendar year 2019, to local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, ongoing source of funding to local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.
As an Entitlement Local government, the City of Porterville has applied for 2019, 2020, and 2021 formula allocations of PLHA funds in the amount of $342,754, $532,745, and $586,270, respectively. Additionally, the City submitted a 5-year plan outlining its intention to use the PLHA funds for the eligible activity 6 which is defined as, “Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.” The 5-Year Plan has been amended twice since its initial adoption; once in 2021 and most recently in May 2024.
On December 29, 2023, the California Department of Housing and Community Development (HCD) announced the release of the 2023 Permanent Local Housing Allocation Program (PLHA) Local Government Formula Component Notice of Funding Availability (NOFA) for approximately $167.9 million in new calendar year 2022 funds, plus an additional $128.1 million in remaining calendar year 2020 and 2021 funds. The City of Porterville is eligible to apply for $293,840, which represents the 4th year funding of the City of Porterville’s adopted 5-Year PLHA Plan for use on the approved eligible activity 6 noted above and specifically for Permanent Supportive Housing, Navigation Center, Bridge Housing and Emergency Shelter Operations. The PLHA five-year formula allocation amount is $2,056,524.
The deadline to submit the streamlined application for these funds is June 30, Item No. 13.
2027. Since the 5-Year Plan Amendment was approved and adopted by City Council at its meeting on May 7, 2024, no new action with regard to the Plan is required to apply for the 2023 NOFA. However, staff is bringing this item before Council as an update and to request that Council authorize the Mayor to sign the streamlined application for the 2022 funding allocation of $293,840 for submittal to HCD; and authorize staff to respond to the 2023 PLHA NOFA and submit the streamlined application to HCD for the 2022 (Fourth year of PLHA 5-Year Plan) funds.
RECOMMENDATION: That the City Council:
1. Authorize the Mayor to sign the streamlined application for the 2022 PLHA funding allocation for submittal to HCD; and
2. Authorize staff to submit the streamlined application in response to the 2023 PLHA NOFA to HCD for 2022 (Fourth
year of PLHA 5-Year Plan) funds.
ATTACHMENTS: 1. 2023 PLHA Streamlined Application
2. Draft Resolution w Exhibit
Appropriated/Funded:
Review By:
Department Director:
Claudia Calderon, Acting Community Development Director Final Approver: Patrice Hildreth, City Manager
Yes
$0.00
Porterville
§300(a) and (b) Eligible Applicants for the Entitlement and Non-Entitlement formula component described in Section §100(b)(1) and (2) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section §5306 and Non-entitlement local governments.
Applicant: City of Porterville
Martha A. Flores
City:
Address:
County:
Instructions: If the Local Government Recipient of the PLHA Formula Allocation delegated its PLHA formula allocation to another Local Government in its 2020 application, the Applicant (for which information is required below) continues to be the administering Local Government, which received the award. The PLHA award will be made to the Applicant (upon meeting threshold requirements) and the Applicant is responsible for meeting all program requirements throughout the term of the Standard Agreement.
Eligible Applicants §300
291 N Main Street
Which NOFA year(s) are you applying for with this application? 2023 Only $0
$293,840
Allowable Local Admin (5%):
Allowable Local Admin (5%):
Eligible Applicant Type: Entitlement
Local Government Recipient of PLHA Formula Allocation:
Admin requested?
2022 PLHA Formula Allocation Amount: $14,692.00 Admin requested? 2021 PLHA Formula Allocation Amount:
CA
[email protected]
§300(e) Applicant does not have uncommitted PLHA funds greater than permitted by Section 300(e). Yes §503(b) Applicant has submitted the PLHA Annual Report by July 31 (if applying before July 31), or has submitted the PLHA Annual Report due by July 31 (if applying on or after July 31). Yes
Zip Code:
Address: 291 N Main Street
Luisa Zavala
CA
City: 93257
§302(a) Housing Element compliance: Applicant and Delegating Local Government's if applicable Housing Element was adopted by the Local Government’s governing body by the application submittal date and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to Government Code Section 65585.
Porterville
No
Contact Name:
Address:
Local Government Formula Allocation Rev. 03/18/24
This streamlined application form is limited to Applicants who applied for and received an award from the 2020, 2021, and/or 2022 Formula Allocation NOFA.
Yes
State: CA Zip: 93257 Tulare
§302(c)(2) Applicant certifies that submission of the applicati on was authorized by the governing board of the Applicant.
Threshold Requirements
Title:
93257
§302(b) Applicant and Delegating Local Government have submitted the current or prior year's Annual Progress Report to the Department of Housing and Community Development pursuant to Government Code Section 65400. Yes Did Applicant receive an award from the 2020, 2021, and/or 2022 NOFA Formula Allocation? Title: Acting EcoDev &
Housing Manager
State:
Contact Email:
Mayor
291 N Main Street
(559) 782-7460
Date
Certifications
Marth A. Flores
Authorized Representative Printed Name
Mayor
Title
On behalf of the entity identified below, I certify that: The information, statements and attachments included in this application are, to the best of my knowledge and belief, true and correct and I possess the legal authority to submit this application on behalf of the entity identified in the signature block.
Signature
§302(c)(8) If a program income reuse plan was not submitted with the 2020 application, has Applicant attached a program income reuse plan describing how repaid loans and/or accrued interest will be reused for eligible activities specified in Section 301? File Name: Application and Plan Adoption
Reso
Porterville
Auth Rep. Email: Phone: [email protected]
File Name: Reuse Plan Program Income Reuse Plan describing how repaid loans or accrued interest will be used for eligible activities in Section 301. Uploaded to HCD? Auth Rep Name:
N/A
N/A
§302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the Local jurisdiction and that the public had an adequate opportunity to review and comment on its content.
PLHA webpage for Application and Plan Adoption Resolution Document Uploaded to HCD?
Contact Phone:
City: Zip Code: Porterville
(559) 782-7466
State:
PLHA Page 1 Formula Allocation Application
RESOLUTION NO. _______-2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM
The City Council of the City of Porterville hereby consents to, adopts, and ratifies the following resolution:
WHEREAS, the Department is authorized to provide up to $296 million under the SB2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq.(Chapter 364, Statutes of 2017 (SB 2)).
WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability(“NOFA”) dated 12/29/2023 under the Permanent Local Housing Allocation (PLHA)Program; WHEREAS, The City of Porterville is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.
WHEREAS, the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients;
NOW THEREFORE BE IT RESOLVED THAT:
1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.
2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix B of the current NOFA 2023 in accordance with all applicable rules and laws.
3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules, and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.
4. Pursuant to Sections 302(c)(4) and 302(c)(5) of the Guidelines, Applicant’s PLHA Plan for the 2020-2023 Allocations is attached to this resolution, was Resolution No. ___-2024
adopted by the City Council on May 7, 2024, and Applicant certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.
5. Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.
6. Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.
7. Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.
8. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.
9. The Mayor or her/his designee is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.
PASSED, APPROVED AND ADOPTED this 18th day of June, 2024. __________________________
Martha A. Flores, Mayor
ATTEST:
Patrice Hildreth, City Clerk
______________________________
Fernando Gabriel-Moraga, Acting
Chief Deputy City Clerk
CITY OF PORTERVILLE Page 1 of 8
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM FIVE YEAR PLAN Exhibit A: Amended PLHA 5-Year Plan
City of Porterville
Permanent Local Housing Allocation Program
Five-Year 2019-2023 Plan
Amendment 2
§302(c)(4) Plan
Introduction: In 2017, Senate Bill 2 (the Building Homes and Jobs Act) created the Permanent Local Housing Allocation (PLHA) program. The California Department of Housing and Community Development (HCD) announced the availability of approximately $195 million in funding for the PLHA program Entitlement and Nonentitlement Local government formula component Notice of Funding Availability (NOFA).
The NOFAs are funded from moneys deposited in the Building Homes and Jobs Trust Fund (Fund) in calendar year 2019, 2020 and 2021 thus far.
Funding for this NOFA is provided pursuant to Senate Bill (SB) 2 (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorizes the Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, ongoing source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.
Purpose: The City of Porterville is considered an Entitlement Local government, and is eligible for a 2019, 2020 and 2021 formula allocation of PLHA funds in the amount of $342,754, $532,745, and $586,270, respectively. The approximate PLHA five-year formula allocation amount is $2,056,524. PLHA funds must be used to carry out one or more of the eligible activities listed below:
1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households, including necessary Operating subsidies.
2. The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. See Appendix B for a list of High-cost areas in California.
3. Matching portions of funds placed into Local or Regional Housing Trust Funds.
CITY OF PORTERVILLE Page 2 of 8
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM FIVE YEAR PLAN
4. Matching portions of funds available through the Low- and Moderate- Item No. 17. Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.
5. Capitalized Reserves for Services connected to the preservation and creation of new Permanent supportive housing.
6. Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
7. Accessibility modifications in Lower-income Owner-occupied housing.
8. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.
9. Homeownership opportunities, including, but not limited to, down payment assistance.
10. Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing projects, or matching funds invested by a county in an Affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the Affordable housing project.
Requirements: In order to participate in the formula allocation, the City of Porterville is required to develop a five-year plan detailing the manner in which allocated funds will be used for eligible activities.
Plan: With City Council and the community’s input, it is recommended that the City of Porterville utilize the funds in the following manner:
I. §302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.
A. The City of Porterville plans to use PLHA funds for three (3) priorities, distributed over three (3) possible activities that assist persons who are experiencing homelessness or at risk of homelessness. §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
CITY OF PORTERVILLE Page 3 of 8
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM FIVE YEAR PLAN B. The City of Porterville Plans on opening an RFP to allow agencies to apply for funding. There are three priorities identified (not listed in order of priority, numbering is only for identification purposes):
1. Provide operating costs for navigation centers
2. Provide operating costs for emergency shelters and/or bridge housing programs.
3. Support Permanent Housing Programs to provide operating costs for permanent supportive housing programs.
II. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).
A. The City of Porterville will continue to prioritize investments that increase the supply of affordable housing for households under 60% AMI with PLHA funds. People experiencing homelessness, who are currently served by KTHA programs are typically under 30% Area Median Income (AMI); therefore, all the proposed priorities will serve households under 60% AMI.
III. §302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local government’s Housing Element.
A. The City permits social service facilities, including emergency shelters, in the RM-3, CMX, D-MX, DRM-2, and DRM-3 zoning districts via a conditional use permit. Further, social service facilities are allowed by right in the CR and CG zone districts.
B. The City permits transitional and supportive housing in all zoning districts that allow residential uses, subject only to the restrictions that would apply to a residential use of the same type. Section 301.22 of the City’s Development Ordinance clarifies this accommodation.
C. Housing Element Goals consistent with the PLHA program priorities.
1. Goal 2: Expand the City’s low- and moderate-income housing opportunities.
• Policy 2.5 - The City will pursue local, state, and federal funding assistance that is appropriate to Porterville’s needs to expand affordable housing opportunities for low- and moderate-income households
2. Goal 3: Address the housing needs of special populations, including seniors, female-headed households, persons with disabilities, first- CITY OF PORTERVILLE Page 4 of 8
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM FIVE YEAR PLAN time homebuyers, large families, and homeless individuals and families.
• Policy 3.1 - The City will maintain an adequate supply of appropriately designated land for special needs housing, including seniors, disabled persons, large households,
farmworkers, the homeless, and transitional persons.
• Policy 3.2 - The City will encourage the development and rehabilitation of housing that is accessible to persons with disabilities.
• Policy 3.3 - The City will pursue land use policies that allow small residential developments and individual housing units meeting special needs to be integrated into existing neighborhoods and new residential developments.
• Policy 3.4 - The City will work with surrounding jurisdictions to address the needs of transient homeless persons on a regional basis.
• Policy 3.5 - Continue to participate in the Kings/Tulare County Continuum of Care (“the Alliance”) and work with adjacent jurisdictions to develop additional shelter opportunities.
IV. Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) §301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
V. §302(c)(4)(E)(i) Provide a description of how allocated funds will be used for the proposed Activity.
(This portion of the plan is being proposed to be amended as follows (Attachment 1 budget summary provided for further clarification) A. Priority 1: Navigation Center:
1. Operating costs for a Navigation Center: PLHA funds would be used for operation costs associated with a new or existing Navigation Center. The Navigation Center would serve as a central location for people who are experiencing homelessness to connect to services CITY OF PORTERVILLE Page 5 of 8
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM FIVE YEAR PLAN to help them obtain housing or overcome barriers in obtaining housing.
B. Priority 2: Emergency Shelter
1. Operating costs for an Emergency Shelter: PLHA funds would be used for operating costs needed to run an emergency shelter. This will assist in ensuring that low barrier beds for people who have been identified by the local Continuum of Care on Homelessness, the Kings/Tulare Homeless Alliance (KTHA) continue to be available.
KTHA currently uses a vulnerability index to prioritize housing for people experiencing homelessness. Additionally, using a coordinated entry system, KTHA, is able to make referrals form one database, in order to have a streamlined application and referral system between agencies who serve people experiencing
homelessness.
2. The City would consider Operating costs for a bridge housing beds, leading to permanent housing: The City plans on working with eligible non-profits who provide bridge housing programs to help cover some gaps in operational financing, allowing them to continue providing housing to program participants that are currently working on permanent housing solutions.
C. Priority 3: Permanent Housing:
1. The City would consider Operating costs for Permanent Supportive Housing (PSH) Programs: The City plans on working with eligible non-profits and/or affordable housing developers who provide services to existing PSH programs to help cover some gaps in operational financing/or provide required match for funding, allowing them to continue providing housing to program participants that are currently receiving PSH housing vouchers. This would include increasing the percentage of PLHA funds in years 4 and 5 to include operating expenses for multi-family housing with units dedicated to people experiencing homelessness. This will assist in ensuring that PSH units created for people experiencing homelessness, have the necessary case management to provide PSH units with a connection to supportive services.
Complete the table below for each proposed Activity to be funded with 2020-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).
CITY OF PORTERVILLE Page 6 of 8
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM FIVE YEAR PLAN VI. §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.
Within 6 months after award is received:
• Create, publish and award and RFP offering an opportunity to fund an eligible entity to apply for PLHA funds to be used on one or more of the priorities identified in the plan.
• Enter into agreement (s) to execute each program
Monthly:
• Monitor progress
• Obtain monthly accomplishment data from subrecipients Yearly:
• Complete yearly accomplishment report
• Apply for subsequent year funding to execute 5-year Plan
N/A N/A N/A N/A
117
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed Activity
(55 years required for rental
housing projects)
N/A N/A N/A N/A N/A N/A N/A N/A
10 5 15 10
0 §302(c)(4)(E)(ii) Projected Number of
Households Served 5 15 8 5 15 9 5 15
N/A N/A N/A N/A
TOTAL
§302(c)(4)(E)(ii) Unmet share of the
RHNA at AMI Level
Note: complete for years 2020,
2021, 2022 only
N/A N/A N/A N/A N/A N/A N/A N/A
30% 30% 30% 30% §302(c)(4)(E)(ii) Area Median Income
Level Served 30% 30% 30% 30% 30% 30% 30% 30%
10% 60% 25% 10% §302(c)(4)(E)(i) Percentage of Funds
Allocated for the Proposed Activity 62% 25% 8% 61% 25% 9% 60% 25% Supportive
/Case
Managem
ent
Services
Emergenc
y Shelter
Operating
Navigation
Center
Operating
Supportive
/Case
Managem
ent
Services
Type of Activity for Persons
Experiencing or At Risk of
Homelessness
Emergenc
y Shelter
Operating
Navigation
Center
Operating
Supportive
/Case
Managem
ent
Services
Emergenc
y Shelter
Operating
Navigation
Center
Operating
Supportive
/Case
Managem
ent
Services
Emergenc
y Shelter
Operating
Navigation
Center
Operating
Funding Allocation Year 2020 2020 2020 2021 2021 2021 2022 2022 2022 2023 2023 2023 CITY OF PORTERVILLE Page 7 of 8
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM FIVE YEAR PLAN Attachment 1: Current and Amended Budget Summary
Categry of Funding 2019 2020 2021 2022 2023
Administration 5% 5% 5% 5% 5% 5%
Navigation Center 25% 25% 25% 25% 25% 25%
Emergency Housing & Bridge Housing 60% 60% 50% 50% 50% 54% Permanent 10% 10% 20% 20% 20% 16%
PSH Operations 10% 10% 20% 20% 20% 16%
- - - - - 0%
100% 100% 100% 100% 100% 100%
Categry of Funding 2019 2020 2021 2022 2023
Administration 5% 5% 5% 5% 5% 5%
Navigation Center 25% 25% 25% 25% 25% 25%
Emergency Housing & Bridge Housing 60% 62% 61% 60% 60% 61% Permanent 10% 8% 9% 10% 10% 9%
PSH Operations 10% 8% 9% 10% 10% 9%
- - - - - 0%
100% 100% 100% 100% 100% 100%
Current Plan (%)
5-YR TOTAL
Amendment 2 (%)
5-YR TOTAL
Categry of Funding 2019 2020 2021 2022 2023
Administration $ 17,137.70 $ 26,637.25 $ 29,313.50 $ 14,692.00 $ 15,045.75 $ 102,826.20 Navigation Center $ 85,688.50 $ 133,186.25 $ 146,567.50 $ 73,460.00 $ 75,228.75 $ 514,131.00 Emergency Housing & Bridge
Housing $ 205,652.40 $ 319,647.00 $ 293,135.00 $ 146,920.00 $ 150,457.50 $ 1,115,811.90 Permanent $ 34,275.40 $ 53,274.50 $ 117,254.00 $ 58,768.00 $ 60,183.00 $ 323,754.90 PSH Operations $ 34,275.40 $ 53,274.50 $ 117,254.00 $ 58,768.00 $ 60,183.00 $ 323,754.90 $ - $ - $ - $ - $ - $ -
$ 342,754.00 $ 532,745.00 $ 586,270.00 $ 293,840.00 $ 300,915.00 $ 2,056,524.00 Categry of Funding 2019 2020 2021 2022 2023
Administration $ 17,137.70 $ 26,637.25 $ 29,313.50 $ 14,692.00 $ 15,045.75 $ 102,826.20 Navigation Center $ 85,688.50 $ 133,186.25 $ 146,567.50 $ 73,460.00 $ 75,228.75 $ 514,131.00 Emergency Housing & Bridge
Housing $ 205,652.40 $ 346,284.25 $ 381,075.50 $ 190,996.00 $ 180,549.00 $ 1,304,557.15 Permanent $ 34,275.40 $ 42,619.60 $ 52,764.30 $ 29,384.00 $ 30,091.50 $ 189,134.80 PSH Operations $ 34,275.40 $ 42,619.60 $ 52,764.30 $ 29,384.00 $ 30,091.50 $ 189,134.80 $ - $ - $ - $ - $ - $ -
$ 342,754.00 $ 532,745.00 $ 586,270.00 $ 293,840.00 $ 300,915.00 $ 2,056,524.00 Current Plan ($)
5-YR TOTAL
Amemdment 2 ($)
5-YR TOTAL
CITY OF PORTERVILLE Page 8 of 8
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM FIVE YEAR PLAN Attachment 2: Summary of Public Comments Received at May 7, 2024, Public Hearing
• Brock Neeley, Porterville, commended Director Calderon and her staff in Community Development for the work being done with regard to housing.
Item No. 14.
CITY COUNCIL AGENDA – JUNE 18, 2024
SUBJECT: Approve Revised FTA Procurement and Contract Administration Manual SOURCE: Public Works
COMMENT: The City receives federal financial assistance from the Federal Transit Administration (FTA) for operating, preventative maintenance, and capital projects. As a recipient of federal funds, the City is required to administer procurements in accordance with federal requirements contained in the Uniform Administrative Requirements and FTA Master Agreement, including 2 CFR part 200 and FTA Circular 4220.1F. As such, the City must have written procurement policies and procedures, including written standards of conduct for those involved in its procurement and contract administration actions. The FTA requires recipients to review and update their written policies and procedures periodically,
Effective July 1, 2024, the City will resume public transportation management and administration responsibilities. In preparation for this, staff has revised the attached draft 2024 Procurement and Contract Administration Manual. A summary of revisions is provided below:
• Including Build America, Buy America Act (BABA) requirements in the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, as implemented at 2 CFR Part 184;
• Increased detailed procedures for contract modifications, emphasizing the need for documentation of necessity and the verification of funding before issuing modifications;
• Revised steps for preparing independent cost estimates and performing cost or price analysis for modifications expected to exceed $5,000; • Expanding the responsibilities of the Project Manager and the Contract Administrator, outlining their roles in technical matters and ensuring compliance with contract terms;
• Emphasizing the importance of maintaining standards of conduct and addressing conflicts of interest, including procurement and contract administration duties.
RECOMMENDATION: That the City Council adopt the draft resolution approving the revised Procurement and Contract Administration Manual.
ATTACHMENTS: 1. Draft Resolution_Approving Procurement & Contract Admin Manual
Item No. 14.
2. 2024 Procurement and Contract Administration Manual
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
RESOLUTION NO. ______-2024
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PORTERVILLE APPROVING THE REVISED PROCUREMENT AND
CONTRACT ADMINISTRATION MANUAL
The City Council of the City of Porterville, an FTA recipient hereby consents to, adopts, and ratifies the following resolution:
WHEREAS, the City of Porterville is a recipient of federal financial assistance from the Federal Transit Administration;
WHEREAS, the City of Porterville is required to comply with procurement standards in 2 CFR Part 200;
WHEREAS, the City of Porterville develops and implements policies and procedures to organize and formalize City activities, and to ensure compliance with current statutes and City objectives;
WHEREAS, it is the City of Porterville’s directive to review its Procurement and Contract Administration annually;
WHEREAS, the Procurement and Contract Administration is designed to guide decisions pertaining to procurement, including the modes, methods, and procedures for acquiring the materials, equipment, and services necessary to carry out the operations of its public transportation system;
NOW, THEREFORE, BE IT RESOLVED: That the Porterville City Council does hereby approve and adopt the revised Procurement and Contract Administration Manual, as attached hereto as Exhibit A, and directs staff to communicate the policies to all relevant parties.
PASSED, APPROVED AND ADOPTED this 18th day of June 2024. _____________________________
Martha A. Flores, Mayor
ATTEST:
Patrice Hildreth, City Clerk
By: _________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
PROCUREMENT AND CONTRACT
ADMINISTRATION MANUAL
Transportation Department
JUNE 18, 2024
THIS PAGE INTENTIONALLY LEFT BLANK
TRANSPORTATION DEPARTMENT PREFACE
PREFACE
The City of Porterville receives funding from federal, state, and local sources to plan, design, program, operate, maintain, and build its public transportation system. Therefore, the City’s Transportation Department adopts procurement policies and procedures that are consistent with federal regulations and the laws of the State of California.
This Procurement and Contract Administration Manual was prepared in accordance with the requirements set forth by the Code of Federal Regulations, Title 2, Subtitle A, Chapter II, Part 200; and the Federal Transit Administration Circular 4220.1F.
The purpose of these policies and procedures is to set forth the procurement methods and establish standards for obtaining goods and services, including but not limited to construction, professional, and Architectural & Engineering (“A&E”) services necessary for the operation of the City’s transit service.
These procedures include guidelines for the solicitation, award and administration of formally advertised contracts, as well as the consultant selection, negotiation, award and administration of competitively negotiated and A&E contracts.
The Procurement and Contract Administration Manual is designed to instill public confidence through:
1. Accountability and oversight of the City’s Transportation Department processes;
2. Creation of policies, procedures, and safeguards that are open and transparent to the public;
3. Ensuring an ethical, fair and equal playing field for all vendors to participate in seeking City’s Transportation Department business opportunities with an emphasis on Disadvantaged Business Enterprise (DBE) vendors; and
4. Providing goods and/or services at the right time, place, quality, price, and source to meet the operational requirements of the Department.
TABLE OF CONTENTS
A. Purpose.................................................................................................................................................1 B. Definition of Terms and Applicability..................................................................................................1 Part A - Policy .............................................................................................................................................14 I. Applicability and Governance....................................................................................................14 II. Standards of Conduct.................................................................................................................14 A. Personal Conflicts of Interest......................................................................................................14 B. Gifts.............................................................................................................................................15 C. Violations. ...................................................................................................................................15 D. Conflict of Interest Certification. ................................................................................................15 III. Contracting Authority ................................................................................................................15 IV. General Procurement Standards...............................................................................................16 A. Contract Oversight......................................................................................................................16 B. Written Standards of Conduct....................................................................................................16 C. Competition ................................................................................................................................16 D. Efficient and Economic Purchasing .............................................................................................16 E. Contract and Purchase Order Administration ............................................................................17 F. Value Engineering .......................................................................................................................17 G. Records........................................................................................................................................17 H. Protests and Disputes.................................................................................................................17 I. Contract Period...........................................................................................................................17 V. Full and Open Competition........................................................................................................18 A. Restrictions on Competition .......................................................................................................18 B. Organization Conflicts of Interest...............................................................................................18 C. Geographic Preferences..............................................................................................................20 D. Selection Procedures ..................................................................................................................20 VI. PROCUREMENT METHODS OVERVIEW .....................................................................................20 A. General Standards.......................................................................................................................20 B. Informal Procurement Methods.................................................................................................21 C. Formal Procurement Methods ...................................................................................................22 D. Non-Competitive Procurements.................................................................................................26 E. Emergency Procurements...........................................................................................................29 F. Options........................................................................................................................................29 G. Time and Material Contracts ......................................................................................................30 H. Rolling Stock Procurements........................................................................................................30 VII. Contract Cost and Price Analysis ...............................................................................................37 A. Requirement ...............................................................................................................................37 B. Independent Estimate.................................................................................................................37 C. Cost Analysis ...............................................................................................................................37 D. Price Analysis ..............................................................................................................................38 VIII. Bonding Requirements...............................................................................................................38 A. Construction................................................................................................................................38 B. Non-Construction........................................................................................................................38 IX. Payment Provisions....................................................................................................................38 A. Advance Payments......................................................................................................................39 B. Progress Payments......................................................................................................................39 X. Payment Provisions....................................................................................................................39 A. Risk Management .......................................................................................................................39 B. Calculation ..................................................................................................................................39 C. Measurement..............................................................................................................................39 D. Solicitation Requirements...........................................................................................................39 XI. Contract Approval Requirements..............................................................................................40 A. City Council Approval..................................................................................................................40 B. Modifications..............................................................................................................................40 XII. Contract Award Announcement................................................................................................40 XIII. Sound and Complete Agreement...............................................................................................40 XIV. Sound and Complete Agreement...............................................................................................40 XV. Contracts Outside the Scope of this Policy................................................................................41 A. Other Acquisitions.......................................................................................................................41 B. Revenue Contracts......................................................................................................................41 XVI. Disadvantaged Business Enterprises.........................................................................................41 Part B – Procedures....................................................................................................................................42 I. Applicability................................................................................................................................42 A. Procurement Policy.....................................................................................................................42 B. Governing Law ............................................................................... Error! Bookmark not defined.
C. Federal Contract Law ..................................................................... Error! Bookmark not defined.
D. Contracts Outside the Scope of this Policy .................................................................................42 II. Contracting Authority ................................................................................................................42 A. The Contracting Officer...............................................................................................................42 B. Delegation of Contracting Authority...........................................................................................42 III. General Procurement Standards...............................................................................................43 A. Public Notice ...............................................................................................................................43 B. Competition ................................................................................................................................43 C. Standards of Conduct..................................................................................................................43 D. Efficient and Economic Purchasing .............................................................................................45 E. Specifications..............................................................................................................................45 F. Value Engineering .......................................................................................................................46 G. Records........................................................................................................................................46 H. Use of Existing Contracts ............................................................................................................46 I. Protests.......................................................................................................................................48 J. Contract Period...........................................................................................................................55 K. Cost Principals.............................................................................................................................55 L. Contract Clauses .........................................................................................................................56 V. Full and Open Competition........................................................................................................56 A. Restrictions on Competition .......................................................................................................56 B. Geographic Preferences..............................................................................................................56 VI. Procurement Planning................................................................................................................57 A. Applicability.................................................................................................................................57 B. User Department Responsibilities ..............................................................................................57 C. Project Manager Responsibilities................................................................................................59 D. Procurement Considerations......................................................................................................62 E. Solicitation Document.................................................................................................................63 F. Disadvantaged Business Enterprise and Risk Management Input..............................................63 G. Final Review ................................................................................................................................63 H. Vendor’s List................................................................................................................................63 I. Solicitation Issuance and Distribution.........................................................................................63 J. Evaluation Panel..........................................................................................................................63 K. Planning File Content..................................................................................................................64 VII. Independent Cost Estimate........................................................................................................64 A. Background .................................................................................................................................64 B. Principles.....................................................................................................................................65 C. Application ..................................................................................................................................66 D. Performing an Independent Cost Estimate.................................................................................67 E. Market Research.........................................................................................................................67 F. Cost Estimation Methods............................................................................................................68 G. General Best Practices................................................................................................................70 VII. Methods of Procurement...........................................................................................................70 A. General Standards.......................................................................................................................70 B. Micro-Purchases .........................................................................................................................73 C. Small Purchases ..........................................................................................................................74 D. Competitive Sealed Bidding........................................................................................................74 E. Two-Step Sealed Bidding ............................................................................................................76 F. Competitive Negotiation (Sealed Proposals)..............................................................................78 G. Architectural and Engineering and Other Professional Services................................................83 H. Non-Competitive Procurements.................................................................................................83 I. Emergency Procurements...........................................................................................................85 J. Options........................................................................................................................................86 K. Time and Material Contracts ......................................................................................................87 L. Cost Reimbursement Contracts..................................................................................................88 M. Construction Contracts for Publicly Funded Buildings............................................................88 N. Design-Build ................................................................................................................................88 O. Rolling Stock................................................................................................................................88 P. Information Technology..............................................................................................................91 Q. Safety ..........................................................................................................................................92 R. Security .......................................................................................................................................92 VIII. Bonding Requirements...............................................................................................................92 A. Construction................................................................................................................................92 B. Non-Construction........................................................................................................................92 IX. Payment Provisions....................................................................................................................93 A. Advance Payments......................................................................................................................93 B. Progress Payments......................................................................................................................93 X. Liquidated Damages...................................................................................................................94 A. Risk Management .......................................................................................................................94 C. Measurement..............................................................................................................................94 D. Solicitation Requirements...........................................................................................................94 E. Disposition of Recovered Amounts.............................................................................................94 XI. Receipt and Evaluation of Bids and Proposals..........................................................................94 A. Sealed Bids..................................................................................................................................94 B. Competitive Proposals................................................................................................................95 C. Responsiveness Review ..............................................................................................................95 D. Responsibility Review .................................................................................................................95 E. File Content.................................................................................................................................96 XII. Contract Cost and Price Analysis ...............................................................................................96 A. Requirement ...............................................................................................................................96 B. Independent Cost Estimate.........................................................................................................96 C. Cost Analysis ...............................................................................................................................96 D. Price Analysis ..............................................................................................................................97 XIII. Contract Approval Requirements..............................................................................................99 A. City Council Approval..................................................................................................................99 B. Other...........................................................................................................................................99 C. Execution.....................................................................................................................................99 XIV. Contract Award Announcements ..............................................................................................99 XV. Sound and Complete Agreement.............................................................................................100 XVI. Contract Provisions ..................................................................................................................100 XVII. Disadvantaged Business Enterprise.........................................................................................100 XVIII. Contract Administration Functions..........................................................................................100 A. Contract Solicitation..................................................................................................................101 B. Solicitation File Documentation................................................................................................101 C. Contract Administration ...........................................................................................................101 D. Contract Administration File Documentation...........................................................................101 E. Contract Administration File Contents .....................................................................................102 F. Contract Administration Functions...........................................................................................102 XIX. Contract Modifications (Change Orders).................................................................................102 XX. Contract Closeout.....................................................................................................................104 A. Contractor Performance Evaluation Report.............................................................................104 B. Proof of Insurance Coverage.....................................................................................................105 C. Release of Bonds.......................................................................................................................105 D. Contractor’s General Release ...................................................................................................105 E. Warranty ...................................................................................................................................105 F. Close-Out Audits.......................................................................................................................106
DEFINITION OF TERMS AND APPLICABILITY
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 1 A. Purpose
The purpose of this Manual is to provide guidance and direction for the conduct of contractual actions in accordance with all applicable laws, regulations, City of Porterville policies, and sound business practices.
B. Definition of Terms and Applicability
This section briefly defines the terms and words frequently used in this Manual. For more precise definitions and compliance requirements, readers should rely on applicable state and federal procurement laws and regulations including 49 U.S.C Section 5302.
Addenda/Addendum Written modifications issued by City that makes changes to the solicitation document.
Administrative Change A unilateral Contract change, in writing, which does not affect the substantive rights of the parties (e.g. changes of address for submittal of documents, reports, etc.)
Advance Payments A payment made before performance of work under the contract. No advanced payments shall be made except
for customary payments for FTA-funded projects
described in FTA Circular 4220.1F, as amended.
Agreement Written agreement executed by City and another legal entity that sets forth the rights and obligations of the parties in connection with the Work.
Architectural vs. Architectural
Engineering
As distinguished from architecture as a design art that focuses on the aesthetics or the functional or spatial
layout or design of buildings; architectural engineering incorporates engineering principles to the design and
construction of buildings and light rail systems that
integrates various disciplines, including architecture, environmental, structural engineering, mechanical
engineering and electrical engineering.
Best Value The overall combination of quality, price, and material requirements for solicited services that in total are
optimal to the City.
Best and Final Offer (BAFO) A term used in solicitations for a proposal containing final pricing and deliverables, based on the outcome of the
negotiations conducted during the initial evaluation stage
DEFINITION OF TERMS AND APPLICABILITY
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 2 of the procurement, and a determination by the Project
Manager that negotiations are completed.
Bid A formal offer, tendered by an individual, firm,
partnership, corporation, joint venture, or combination thereof, to provide goods or services at a specified price.
Bidder An individual, firm, partnership, corporation, joint venture, or combination thereof, includes all entities
submitting a bid/proposal.
Bond A written guarantee of performance, secured by a surety listed in the Comptroller’s General’s List of Approved
Sureties (OMB Circular 570) that is authorized to do
business in California. The three relevant bonds are Bid Bond, Payment (or labor and material payment) Bond,
and Performance Bond. A Bid Bond equivalent to five
percent (5%) of the bid price is submitted with a bid. The Bid Bond ensures that, upon City’s acceptance of the Bid, the Offeror will proceed with the Work. If the Bidder does not proceed, City is due from the guarantor the difference between the bid price and the next highest bid price. A Payment Bond or labor and material payment bond
secures payment of all contractual obligations by the
Contractor. A Performance Bond secures the obligation
to complete the Work.
Cardinal Change A significant change in the Work that causes a major deviation from the original scope of the Contract, or the intended method of achievement, or causes a revision of Contract Work so extensive, significant, or cumulative, that in effect the Contractor is required to perform very different work form that described in the original
Contract.
Certificate of Insurance A document issued by, or on behalf of, a surety verifying that the insured party named on the certificate has
purchased the specified insurance coverages. It is typically provided to a third party, such as the City, as evidence that the specified coverages are in effect. The certificate typically identifies the specific coverages involved, the providing insurance company, the effective date and
expiration date of the policy, and the dollar limits for each type of coverage.
DEFINITION OF TERMS AND APPLICABILITY
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 3 CFR Code of Federal Regulations
Change Order (CO) or Modification
(Mod)
A written document signed by the Contractor and
executed by the City, which alters the scope of work to be performed by the Contractor, changes the schedule for
performance of the work, or makes any other changes to
the Contract, with or without a change in price.
Closeout When it is determined that all applicable administrative actions and all required contractual work has been
completed.
Cooperative Agreement An instrument by which FTA awards Federal Assistance to a specific recipient to support a particular project in which FTA takes an active role or retains substantial control, as described in 31 U.S.C Section 6305.
Common Grant Rules Any one or more of the following:
• U.S. Department of Transportation regulations,
“Uniform Administrative Requirements, Cost
Principals, and Audit Requirements for Federal
Awards,” 2 CFR Part 1201, which incorporations
by reference U.S. Office of Management and
Budget (OMB) regulatory guidance, “Uniform
Administrative Requirements, Cost Principals, and
Audit Requirements for Federal Awards,” 2 CFR
Part 200; and
• U.S.DOT regulations, “Uniform Administrative
Requirements for Grants and Cooperative
Agreements to State and Local Governments,”
former 49 CFR Part 18.
Conflict of Interest When a City officer or employee, or anOfferor or Contractor has any financial or other personal
relationship sufficient to influence or appear to influence the objective exercise of their official duties or
responsibilities, as more explicitly set for in this Policy.
Consultant/Contractor/Vendor/Supplier The person(s), partnership, joint venture, or firm entering into a Contract for the performance of services or delivery of goods or equipment to City.
Contract Documents The documents and plans expressly incorporated by reference into the executed agreement between City and
the Contractor that sets forth the legally binding
DEFINITION OF TERMS AND APPLICABILITY
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 4 obligations between City and the Contractor for
performance and completion of the Contract.
Contract Administration The post-award administration of Contracts to ensure that Contract deliverables are fulfilled by the Contractor pursuant to contract terms and conditions. These
responsibilities are normally delegated to a Project
Manager (PM) serving as the point of contact with the
Contractor.
Contract Amount or Contract Price The amount payable to the Contractor under the terms and conditions of the Contract and identified in the
Contract, as may be adjusted by Contract
Modification/Change Order for successful completion of
the work under the contract.
Contractor The person or entity that has been awarded a Contract for goods or services.
Cost Analysis A process that entails the review and evaluation of the separate cost elements, including direct costs (labor,
materials, equipment, etc.), proposed indirect costs
(overhead), and profit of a contractor’s cost or pricing data, and the judgmental factors applied in determining the reasonableness of costs. A cost analysis is generally conducted to form an opinion on the degree to which the proposed cost, including profit, represents what the
performance of the Contract should cost, assuming
reasonable economy and efficiency.
Days Except as otherwise provided in a contractual document, calendar days, including weekends and holidays.
DBE Disadvantaged Business Enterprise
DBE Goal The participation goal established, subject to the requirements of 49 CFR Part 26, “Participation by
Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs”.
Design-Build A contract between City and a vendor, consultant or contractor in which the vendor, consultant or contractor agrees to design and build the equipment, facility, portion of the facility, or other item specified in the contract subject to the procedure and requirements stipulated in
DEFINITION OF TERMS AND APPLICABILITY
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 5 both FTA Circular 4220.1.F and Chapter 39.10 RCW,
“Alternative public works contracting procedures.”
Emergency A situation (such as a flood, epidemic, riot, equipment failure, or other reasons declared by the City Council) that creates an immediate threat to public health, welfare, or safety.
Finance Director, Procurement and
Contracts Director
The position responsible for the functions of the Finance Department. The Director supervises the Contract
Managers and other staff of the division. The Director
reports to the City Manager.
Equitable Adjustment An equitable adjustment is the difference between the reasonable cost of contract performance without the
change or changes and the reasonable cost, actual or
estimated, of contract performance with the change or
changes. It is not the difference between the proposed or negotiated cost of contract performance and the actual or reasonable cost of contract performance with the change or changes. The purpose of an equitable adjustment is to fairly compensate a contractor for the change order. It is not a vehicle for increasing a contractor’s profit or
reducing its loss for reasons unrelated to a change.
Federal Government The United State of America (U.S.) and any of its executive departments or agencies.
Federal Requirement • An applicable federal law, regulation, or executive order;
• An appliable provision of the Underlying
Agreement, including any Special Condition,
Requirement, Provision, or Condition of Award;
• The FTA’s Master Agreement;
• A later Master Agreement after the FTA and the
City have entered into the Underlying Agreement;
or
• Another applicable federal mandate.
Federal Transit Administration (FTA) An operating administration of the U.S. Department of Transportation (DOT).
Federal Acquisition Regulations/FAR The Federal Acquisition Regulation, 48 CFR Chapter 1, does not apply to federally assisted procurements, absent Federal laws or regulations to the contrary. In the case of FTA programs, FAR cost principles Part 31 apply to grants
DEFINITION OF TERMS AND APPLICABILITY
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 6 and cooperative agreements with private for-profit
entities. Audits of A&E services listed in 49 U.S.C. Section 5325 must be carried out under FAR Part 31 cost
principles. Nevertheless, in the absence of other
guidance, FAR standards may prove useful if City’s
circumstances are suitable for application of the specific FAR provision under consideration (i.e., procurement
planning, method and type).
Final Acceptance Written notice by City acknowledging that Contractor has fulfilled all of its obligations under the Contract and that City has accepted the Work or goods as of the date stated in the Notice. Final Acceptance is a condition precedent to Final Payment.
Final Inspection Inspection performed by City to determine the actual status of the Work in accordance with the terms of the
Contract.
Final Pay Following Final Acceptance of Work, including Punch List items and release of claims, City makes final payment.
General Contractor/Construction
Manager (GC/CM)
A firm with which City has negotiated a maximum
allowable construction cost to provide services during the design phase and to act as construction manager and
general contractor during the construction phase subject to the procedure and requirements stipulated in both FTA 4220.1 as amended and Chapter 39.10 RCW, “Alternative
public works contracting procedures.”
Grantee A government or public organization including City receiving the FTA funding subject to the Common Grant
Rule and Master Agreement.
Invitation for Bids (IFB) A formal solicitation seeking offers to provide goods and services at a fixed price. In IFB procurements, an award is made on the basis of the lowest price offered in a
responsive bid from a responsible bidder. The
determination is solely on price, with no consideration of a bid’s quality beyond meeting the minimum
requirements established in the IFB.
Independent Cost Estimate (ICE) The ICE is City’s independent and initial estimate of the cost of the Scope of Work (“SOW”) for a project or
services.
DEFINITION OF TERMS AND APPLICABILITY
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 7 Joint Procurement A method of contracting in which two or more purchasers agree from the outset to use a single solicitation
document and enter into a single contract with a vendor for delivery of property or services in fixed quantity, even if expressed as a total minimum and total maximum.
Liquidated Damages The pre-established amount the Contractor will pay to the City for each day, or other appropriate period designated by the City, any portions of the work which remains
incomplete after the contract completion term, or for
each day that any designated milestone is not met,
reflecting the additional estimated cost that the City will incur because of the delay. Liquidated Damages do not
include performance incentives and/or disincentives.
Local Governmental Authority As defined in 49 U.S.C. Chapter 53, the term “Local Governmental Authority" includes City of Porterville,
Porterville Transit for the purpose of Federal Transit
Administration (FTA) assistance.
Manufacturer The builder or producer supplying materials, equipment, or apparatus for installation or use.
Materials Materials, equipment, products, and articles incorporated or to be incorporated into the Work.
Mico-Purchases A method of procurement without obtaining competitive quotations for goods and services valued at $10,000 or
less. See OMB Memorandum M-18-18, and in OMB
Changes to 2 CFR Part 200. For FTA funded projects, the Micro-Purchases are exempt from FTA’s third-party
Contract clauses except: (1) construction Contracts
exceeding $2,000 are subject to the wage provisions of
the Davis-Bacon Act; and (2) the file must include a
determination that the price is fair and reasonable, and the justification for that determination.
Micro-Purchase Threshold The dollar amount at or below purchases of property or services utilizing micro-purchase procedures may be
utilized. Generally, the micro-purchase threshold for
federally funded procurement activities does not exceed the amount set by the FAR at 48 CFR Part 2, Subpart 2.1.
DEFINITION OF TERMS AND APPLICABILITY
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 8 Notice of Award/NOA A written notice by City to the successful Offeror that City will sign and deliver the Contract subject to the conditions stated in solicitation.
Notice to Proceed/NTP A written notice issued by City to a Contractor directing the start of Work. Any Work performed prior to Notice to Proceed shall be at Contractor’s own expense and risk.
Offeror The term “offeror” includes “quoter”, “bidder”, and “proposer” in response to a RFP, IFB, or RFQ, as used in this Manual.
Option A unilateral right in the Contract by which City may elect to purchase, at a predetermined price, additional
equipment, supplies, or services called for by the
Contract.
Plans Includes the drawings, standard drawings, profiles, typical cross-sections, general cross-sections, elevations,
diagrams, schedules, and details that show the locations, character, dimensions, and details of the Work. The Plans include the Contract Drawings.
Prevailing Wage The government mandated minimum hourly wage, benefits, and overtime, paid to the workers, laborers, and mechanics in a public works contract. Prevailing wages
are established by the California State Department of
Labor and Industries, pursuant to RCW 39.12, for each
trade and occupation employed in the performance of
public work. It is established separately for each county, and is reflective of local wage conditions. For FTA funded construction contracts, 49 U.S.C. Section 5333(a), DavisBacon Act prevailing wage protections apply to workers, laborers and mechanics.
Price Analysis A price analysis involves examining and evaluating a proposed price without evaluating its separate cost and profit elements. At City, every award must include a
determination that the price is fair and reasonable. The extent of the analysis depends on the value and nature of the contract.
Procurement Lead Time/PLT The time taken to award a contract or purchase order. It usually begins with the submission of a purchase
requisition and ends with awarding a purchase order or
contract. Depending on dollar value and complexity,
DEFINITION OF TERMS AND APPLICABILITY
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 9 typical PLT activities may include development or conduct of: statement of work, independent cost estimate, market research, insurance requirements, diversity goal,
contracting method and type, sole source justification, selection of solicitation and contract clauses,
advertisement, solicitation issuance, pre-bid conference, cost and technical proposal review, evaluation team,
negotiation, cost/price analysis, organizational review, legal review, contractor’s acceptance and signature, and City’s approval, and contract award documentation.
Professional Services Work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, or professional engineering.
Progress Payment Partial payment request for acceptable work performed and materials received.
Project The overall objective of the Contract.
Project Closeout The process by which the contractor documents fulfillment of all obligations under the contract. This process follows substantial completion and precedes final acceptance.
Project Schedule The schedule agreed to by the parties setting forth the logical sequence of activities required for the Contractor’s orderly performance and completion of the Work in
accordance with the Contract, and specifically, to meet the specified milestone dates, including updates.
Project Manager/PM City’s designated technical point of contact for managing the project and coordinating with Finance on a day-to-day basis. Coordination with Finance includes entry of the
purchase requisition, verification of funding, obtaining budget checks, verification of receipt of goods and
services, verification of receipt and accuracy of invoices, and payment.
Plan Holder’s List (Bidder’s List) Known prospective Offerors who have either downloaded a specified solicitation package from City’s website or included by City for notification purposes.
Proposal A formal plan for the provision of goods or services, tendered by an individual, firm, partnership, corporation,
DEFINITION OF TERMS AND APPLICABILITY
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 10 joint venture, or combination thereof. Proposals are
evaluated on qualitative technical factors in addition to price. For Architecture and Engineering project proposals, price is not a competitive factor.
Protest It allows any actual or prospective proposer, bidder, offeror, or contractor (“Interested Party”) who is
aggrieved in connection with a solicitation, evaluation, or award of a contract, an opportunity to state their dispute and have a right to seek resolution of any concerns,
issues, or perceived wrongs associated with the
procurement process. All City’s administrative
procedures must be exhausted and followed prior to
raising the issue to the Federal Transit Administration (FTA).
Purchase Order A commercial document that is issued by City’s Finance Department when placing an order with its vendors or
suppliers. The document indicates the details on the
items or services that are to be purchased, such as the types of goods, quantity, and price. In simple terms, it is the Contract drafted by the Finance Department when
purchasing goods or services from a seller.
Quality Assurance/QA All those planned and systematic actions necessary to provide confidence that all Work complies with the
Contract and that all materials incorporated in the Work, all equipment and all elements of the Work will perform satisfactorily for the purpose(s) intended.
Recipient The Recipient for this Manual is City of Porterville, Porterville Transit. The term is used for any public entity to which FTA awards Federal assistance through a grant, cooperative agreement, or other agreement. A recipient
must comply with Common Grant Rules 49 CFR Part 18
and 19.
Request for Information (RFI) A written request by a vendor, consultant or contractor requesting clarification or additional information
concerning the solicitation and/or contract documents.
Revenue Contract A contract in which City provides access to vendor, consultant or contractor to public transportation assets for the primary purpose of either producing revenues in connection with a public transportation related activity,
DEFINITION OF TERMS AND APPLICABILITY
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 11 or creating business opportunities involving the use of its property or other assets.
Request for Proposals (RFP) A solicitation for equipment, goods, or services on a competitive basis. An RFP is used where there is not a
clear definition of the desired goods or services, or where different approaches to the Work are possible, or where personal knowledge, experience, and skills are a
determining factor; professional services are always
procured by RFP. Award is made by evaluation of both
technical merit and price and may not be based on price alone.
Responsible Bidder or Proposer A person or entity that possesses the ability, in all respects, to fully perform the Contract requirements and the business integrity and reliability that will assure good faith performance. Consideration is given to such matters as Contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.
Responsive Bidder A person or entity who has submitted a bid that conforms in all material respects to the Invitation for Bid.
Rolling Stock Vehicles used to transport passengers and includes buses, vans, sedans, railcars, locomotives, trolley cars, ferry boats, and other vehicles used for guideways and inclined planes. Light duty vehicles such as vans, sedans, and pickup trucks used for administrative and maintenance purposes are considered equipment. Light duty vehicles
used to transport passengers are considered rolling stock.
SDS Safety Data Sheets which provide safety information, identifying hazardous chemicals, health, physical hazards, exposure limits, and precautions needed to allow safe
handling of products.
Selection Committee/Selection Panel Group of individuals that evaluate Proposals received and recommends the Proposer(s) to whom the contract(s)
should be awarded. PM leads and facilitates this group to ensure evaluation process is compliant with the process stated in the solicitation document and this Manual.
Single Source A competitive procurement action where there is only one (1) Offeror who is deemed responsive and
responsible. Before an award is made based on a single
DEFINITION OF TERMS AND APPLICABILITY
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 12 source, the price must be negotiated and justified as
reasonable.
Sole Source A noncompetitive procurement action whereby there is only one (1) known source who can comply with the
explicit requirements of a solicitation. A sole source is typically when the goods or services are proprietary to one (1) company and not easily obtained elsewhere. A
sole source justification is required.
Sole Source Justification Written justification for a procurement action, when full and open competition does not exist. The justification
must document fully and adequately, the appropriateness of the decision to solicit an offer from only one (1) source.
The justification must include documentation of a cost
analysis to verify the proposed cost data and the
evaluation of the cost and profit.
Solicitation Document The document sent out or posted by City requesting quotes, proposals, or bids for needed goods or services.
Specifications Part of the Contract containing written directions and requirements for completing the Work and/or providing
the goods or services. Standards or portions thereof cited in the Specifications by reference shall have the same
effect as if physically included in the Contract in their entirety.
Special Provisions Contractual terms which supplement or modify the General Conditions. Special Provisions take precedence
over any General Condition modified by it.
Specialty Items Materials which are of a special design, or which require special fabrication specifically for the Contract.
State The state of California including its departments and its agencies.
Subcontract An agreement, including purchase orders (other than one involving an employer/employee relationship), entered
into between City’s Contractor and a lower tier
Subcontractor calling for services, labor, equipment,
and/or materials required for Contract performance.
Subcontractor An individual or entity at any tier, other than employees of the Contractor, who Contract with the Contractor or a Subcontractor to furnish services, labor, equipment,
DEFINITION OF TERMS AND APPLICABILITY
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 13 and/or materials, or labor and materials, under the
Contract. The term Subcontractor is considered to include the term supplier.
Substantial Completion Completion of the Work, or a designated portion thereof, to a point where City certifies that the Work or the
designated portions can be used for the purpose for
which it was intended.
Supplies, material, and equipment All items incorporated in the Work or otherwise delivered to City.
Supplier A person or entity that provides supplies, materials, or equipment, but usually does not provide labor on City
property other than delivery.
Third Party Contract Refers to a contract with a third party such as a vendor, supplier, consultant, or contractor, where the first party is the federal government and the second party is City.
Work The furnishing of all supervision, labor, materials, equipment, services, and incidentals necessary to
complete the Contract, and the carrying out of any duties and obligations imposed on the Contractor by the
Contract.
Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 14 Part A - Policy
I. Applicability and Governance
This document sets forth Porterville Transit’s requirements for solicitation, award, and administration of its procurement actions. The purpose of these policies and procedures is to ensure competitive procurements and conform to applicable Federal, State, and local law.
These policies and procedures apply to all Porterville Transit contracts and purchases regardless of funding sources, except as specifically stated.
Porterville Transit’s procurement actions are primarily governed by the City Charter of the City of Porterville, the Porterville Municipal Code and procurement policies adopted in accordance therewith, applicable California statutory requirements regulating City and local agency contracting, Code of Federal Regulations, Title 2, Subtitle A, Chapter II, Part 200 (2 CFR Part 200), Sections 317 – 327; 2 CFR Part 180; 49 CFR Part 26; the Federal Transit Administration (FTA) Circular 4220.1F; and the FTA’s Master Agreement. In all procurements utilizing any amount of Federal funds, federal requirements will generally supersede state law. Where no Federal funds are involved, procurement actions will be governed by applicable local (City) and State law. References to statutes or regulations herein shall be deemed to refer to any subsequent revisions or amendments which may be enacted from time to time. It is the responsibility of the Director of Transportation, in coordination with the City’s Legal Counsel, when necessary, to update the General Conditions with required clauses and their applicability.
II. Standards of Conduct
These Standards of Conduct govern the performance of City employees who are engaged in, or are otherwise involved in, the award or administration of a Contract, in accordance with 2 CFR § 200.318.
A. Personal Conflicts of Interest.
As provided in the Common Grant Rules (2 CFR Parts 200 and 1201 and the FTA Master Agreement) and FTA Circular 4222.1F, no employee, officer, agent, Council member, or his immediate family member, partner, or organization that employs or is about to employe any of the foregoing individuals may participate in the selection, award, or administration of a contract supported with FTA assistanceif a conflict of interest, real or apparent, would be involvedSuch a conflict of interest would arisewhen any of those individuals previously listed has a financial or other interest in, or a tangible personal benefit from, the firm considered for a award.
Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 15 No City employee or public official shall knowingly use confidential information for their personal gain or the gain of others.
Porterville Transit will adhere to the applicable State of California ethics and conflicts of interest laws and regulations in its applications of these requirements.
B. Gifts.
City officers, employees, agents, or Council members may neither solicit nor accept gifts, gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to sub-agreements. The City has set minimum rules for acceptance of gifts for Porterville Transit as follows:
1. Acceptance of any gift: Acceptance of any gift, favor, or service from any individual(s) interested in any business relationship with City, which would cause a reasonable person to question the officer’s or employee’s impartiality in the matter, is considered to be a conflict of interest (except those donated for a specific activity or purpose sanctioned by City).
2. Acceptance of any personal gift: Acceptance of any personal gift, favor, service, or item, regardless of value, from an individual(s) for the employee’s own economic benefit or as a trade for any City services (i.e., advertising space, etc.) is considered to be a conflict of interest.
3. Acceptance of gifts from any source so frequent as to raise an appearance of the use of the employee’s position for private gain is considered to be a conflict of interest.
C. Violations.
To the extent permitted by applicable California law, or local laws and regulations, City’s Standards of Conduct will provide that City employees who violate these standards of conduct shall be subject to appropriate disciplinary action in conformity with the City of Porterville Personnel Rules and Regulations. Violation of these standards by City officers, agents, Council members, or by Contractors, may result in censure, contract invalidation or termination, or other penalties or actions, consistent with applicable State and local laws and regulations.
D. Conflict of Interest Certification.
On an annual basis, City requires that all employees who participate in the procurement process sign a certification that they have read, understand, and will comply with City’s Conflict of Interest Policy.
III. Contracting Authority
A. The Porterville City Council, is the Porterville Transit’s Contracting Officer.
Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 16 B. Subject to the requirements set forth in the City of Porterville Charter and Municipal Code, the City Council may delegate contracting authority in whole or in part to the City Manager, who may delegate the authorityto other Department Directors of the City within the general scope of their responsibility. This authority may be re-delegated in whole or in part to other staff possessing sufficient knowledge, experience, and background in procurement policies and procedures, and in administration of Contracts for the scope of the delegation.
IV. General Procurement Standards
A. Contract Oversight
Porterville Transit must maintain oversight to ensure that Contractors perform in accordance with the terms, conditions, and specifications of Contracts and purchase orders. Performance oversight differs from oversight of the selection process, which is the purview of the Porterville City Council for qualifying Contracts.
B. Written Standards of Conduct
The City shall maintain a written standard of conduct for Porterville Transit covering conflicts of interest and governing the performance of City employees, officers, agents, and Council members related to the solicitation, award, and administration of FTA supported contracts, conforming to applicable laws and regulations, including but not limited to 2 CFR § 200.318, FTA C4220.1F.
C. Competition
It is the policy of the City that all procurement transactions be conducted in a manner intended to maximize full and open competition. The City will only make awards to responsive offers from responsible Offerors. A responsive offer is one that complies with all material requirements of the solicitation. A responsible Offeror is one possessing the technical, physical, financial, and ethical capacity to successfully perform a specific Contract.
D. Efficient and Economic Purchasing
Proposed procurements will be reviewed to avoid unnecessary, duplicative, or repetitive purchases to the greatest extent feasible and consistent with good procurement practices. Consideration should be given to consolidating or breaking out procurements to obtain more economic pricing. Where appropriate, analysis will be made of lease versus purchase alternatives or any other appropriate methodology to determine the most economical approach.
To foster greater economy and efficiency, intergovernmental agreements, Contracts, and schedules of the General Services Administration (GSA) and the State of California may be used as permitted and appropriate. Competition requirements are met with documented procurement actions using strategic sourcing, shared services, and other similar procurement arrangements. However, this does not preclude the requirement to consider other competitive sources of supply or services or to determine price reasonableness.
Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 17 E. Contract and Purchase Order Administration
Porterville Transit will maintain a Contract and purchase order administration system designed to ensure conformance by all parties with the terms, conditions, and specifications of their Contracts or purchase orders.
Purchase orders (PO) are required to track and monitor spending, therefore, purchase orders must be processed and received prior to receipt of a vendor invoice. This is relevant for the purchase of goods and/or services and regardless of whether it is a Contract or not.
1. A Notice-to-Proceed for Contracts will not be issued until the Finance Department can verify an approved requisition exists in its Financial System.
2. In order to pay an invoice, Porterville Transit requires a purchase order. Purchase orders will not be created to pay an invoice, which means the purchase order needs to be in the Financial System, and approved, prior to services being rendered or goods received.
All pay requests must have a PO number. Pay requests that do not have a PO number must have a written explanation.
F. Value Engineering
Porterville Transit will utilize value-engineering clauses for construction and other capital projects of sufficient size to offer reasonable opportunity for increased efficiency. Value engineering is a systematic and creative analysis to ensure that the project is designed and constructed to perform its essential functions in the most cost-effective manner. The process may include consideration of lifecycle costing, and intangible or indirect benefits such as sustainability.
G. Records
City shall maintain records detailing the history of procurements in a manner consistent with the size, complexity, and cost of the Contract. At a minimum, these records shall include the following:
1. The rationale for the method of procurement
2. Selection of Contract type
3. Reasons for Contractor selection or rejection
4. The basis for the Contract price.
H. Protests and Disputes
For applicable contracts, Porterville Transitshall maintain written procedures that are consistent with the California Department of Transportation (Caltrans) and FTA to consider and resolve protests relating to solicitations and shall comply with FTA requirements regarding notice of protests and notification of a protestor’s right to appeal to the FTA as set forth in 2 CFR § 200.318(k) and C4220.1F.
I. Contract Period
Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 18 The period of Contract performance for rolling stock and replacement parts shall not exceed five (5) years, as defined in FTA C4220.1F. The length of all other Contracts (such as property, services, leases, construction, revenue, and so forth) are not encumbered by federal requirements restricting the maximum periods of performance; however, the duration of the other Contracts must be reasonable, and shall be based upon sound business judgment, including consideration of issues such as the nature of the item being purchased, the need to afford the Contractor a reasonable opportunity to recapture any start-up costs, the need to afford competing vendors the opportunity to do business with Porterville Transit, and the relative benefit to Porterville Transit of a longer or shorter Contract term.
V. Full and Open Competition
A. Restrictions on Competition
All procurement transactions totaling $5,000 or higher will be conducted, to the greatest extent practicable, in a manner providing full and open competition, without providing an unfair competitive advantage to any potential vendor. Some of the situations considered to be restrictive of competition include, but are not limited to, the following:
1. Unreasonable requirements placed on firms in order for them to qualify to do business;
2. Unnecessary or excessive experience, excessive bonding, insurance, warranty, or similar requirements which affect an otherwise qualified firm’s ability to compete. Such requirements must also be established in a manner consistent with protection of Porterville Transit’s interests;
3. Non-competitive pricing practices between firms or between affiliated companies;
4. Non-competitive awards to any person or firm on retainer Contracts;
5. Organizational conflicts of interest;
6. Specifying only a “brand name” product, without specifying that equivalent products will be accepted and providing salient characteristics or other descriptive information sufficient to allow bidders to identify and propose such equivalent products;
7. The use of specification requirements and evaluation criteria which unnecessarily favor an incumbent Contractor; and
8. Any arbitrary action in the procurement process.
B. Organization Conflicts of Interest
An organizational conflict of interest exists where other activities, relationships, or contracts of a Contractor inhibit, affect, or prevent the Contractor from rendering impartial assistance or advice Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 19 to the City; a Contractor’s objectivity in performing the Contract Work is or might be otherwise impaired (e.g., a Contractor assisting with a design might have a financial interest in a product or system that could be utilized in implementing that design); or a Contractor has an unfair competitive advantage which might be gained through its involvement in writing or reviewing the solicitation and Contract documents, including the scope or specification except as part of a general industry review.
There are a variety of ways in which conflicts of interest can be prevented or mitigated. One of the most important being disclosure. Contracts should include the organizational conflict of interest clause, to require that Offerors disclose when they believe there may be a conflict. This gives the City the opportunity to make the determination and take the necessary action to avoid or mitigate the conflict. Additionally, conflicts of interest can be avoided or mitigated by thoroughly researching potential vendors, employees, and Contractors. Any connections should be investigated so as to prevent conflict. Porterville Transit’s conflict of interest policy requires that employees refrain from engaging in any activity, practice, or act which conflicts with or appears in conflict with the interest of the City, its customers, or vendors. Compliance with this policy significantly reduces the chance of a conflict of interest. Examples of conflict include the following:
1. The employee being also employed by a bidder, Offeror, or Contractor involved in the procurement transaction.
2. The employee, or any member of the employee’s immediate family, holds a position with a bidder, Offeror, or Contractor such as an officer, director, trustee, partner, or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction, or owns or controls an interest of more than five percent (5%).
3. The employee, or any member of the employee’s immediate family has a financial interest arising from the procurement transaction; or the employee, or any member of the employee’s immediate family is negotiating, or has an arrangement concerning, prospective employment with a bidder, Offeror, or Contractor.
Once a conflict of interest has already occurred, it is still possible to avoid the consequences related to it. Removal of the City employee from the position causing the conflict is a mitigating action, such as assigning another employee for the remainder of the Contract. Also, a recusal may be obtained, allowing the employee facing the conflict to abstain from participating in the procurement action causing the conflict.
If a recusal is not conducive to the circumstances, a third party may become involved to regulate between the City employee and the company affected. This may be necessary when an Offeror submits an offer that is in some way influenced by those making the award decision. In this situation, a third party may be brought in to make the necessary decision impartially. By Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 20 implementing these methods, the consequences associated with conflicts of interest may be mitigated.
C. Geographic Preferences
Procurement transactions will be conducted in a manner that prohibits the use of in-state or local geographical preferences in the solicitation and evaluation of bids or proposals, except in those cases where applicable statutes or regulations expressly mandate or permit geographic preference (i.e., Section 25019 of the Infrastructure Investment and Jobs Act of 2021, Pub. L. 117- 58). This does not preempt State or local licensing laws. However, geographic location may be a selection criterion in procurements for architectural and engineering (A&E) services, provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the Contract.
D. Selection Procedures
The City will have written selection procedures that ensure fair, unbiased evaluation of competing offers for all types of competitive procurement transactions.
VI. PROCUREMENT METHODS OVERVIEW
A. General Standards
Every competitive solicitation above the small purchase threshold shall adhere to the following standards:
1. It shall be publicized in a manner intended, at a minimum, to notify potential sources in the City’s service area of the nature and type of the solicitation and the date for responses. It may also be advertised regionally or nationally as appropriate.
2. Every reasonable effort should be made to encourage the maximum number of responses.
Pre-qualification or other methods of restricting responses shall not be utilized unless required for security or public safety reasons or by law.
3. The solicitation document shall contain, at a minimum, the following:
i. Instructions on how the response is to be prepared and submitted; ii. The deadline for submittals and other key dates in the process (such as the date and time of a pre-bid or pre-proposal conference);
iii. The basis upon which an award will be made;
iv. A statement reserving to the City the right to reject any and all offers and the right to award to other than the offer containing the lowest price; Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 21 v. A clear and comprehensible statement of the City’s needs and the technical requirements to be met by the successful Offeror;
vi. A set of terms and conditions intended to be used for any resulting Contract; and vii. Representations and certifications as required by law or deemed necessary by the City.
4. The solicitation period shall remain open for sufficient time to enable the preparation of quality submittals responsive to the City’s needs.
5. Responses to any questions from prospective sources, or any amendments to the solicitation, shall be distributed to all parties known to have received the solicitation. Should the amendment substantially change the terms of the solicitation, the period for receipt of offers shall be extended to allow Offerors to change their proposals accordingly.
6. A determination shall be made the Project Manager (PM) that the apparent successful offer is responsive (i.e., complies with all material elements of the solicitation), and that the Offeror is responsible (i.e., possesses the technical and financial resources to successfully perform the Contract, has a satisfactory record of past performance, compliance with public policy, and integrity). The PM shall also determine that the price(s) are fair and reasonable.
B. Informal Procurement Methods
1. Micro Purchase
Micro-purchases are those purchases in which the aggregated dollar amount does not exceed $5,000. Purchases below that threshold may be made without obtaining competitive quotations but shall provide for competition whenever practicable. Award may be made if it is determined that the price is fair and reasonable based on research, experience, purchase history, or other information and documents, and that there are no significant differences in quality or price among available vendors. Typically, this would involve items sold “off-the-shelf” to the general public or a specific market. Documentation for a non-competitive micro-purchase need only include a notation that the price Is fair and reasonable and the reason for the determination. The determination may be recorded on preprinted forms or a checklist on the receipt. Micropurchases are exempt from Buy America requirements. There should be equitable distribution among qualified suppliers and requirements may not be split to avoid a competitive solicitation process. The Davis Bacon Act (40 U.S.C. § 3141 et seq.) applies to construction micro-purchases in excess of $2,000.
2. Small Purchase
Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 22 Small purchase procurements are relatively simple and information solicitations for services, supplies, or other property in which the aggregate dollar amount is more than $5,000, but does exceed the limits as follows:
i. Goods and services other than professional services and non-transportation related construction, if the aggregate or sum of all phases is not expected to exceed $200,000;
ii. Transportation-related construction, if the aggregate or sum of all phases is not expected to exceed $25,000; and
iii. Professional services provided the aggregate sum of all phases is not expected to exceed $80,000; or
iv. As otherwise defined by Porterville Transit ($100,000 for goods and services other than professional services and $30,000 for professional services.) In no case shall small purchase procedures be used for procurements above the Federal simplified acquisition threshold as set by 48 CFR Part 2, Subpart 2.1 and in accordance with 41 U.S.C 1908, currently $250,000.
If small purchase procedures are utilized, price or rate quotations must be obtained from an adequate number of qualified sources as determined appropriate and as required by 2 CFR § 200.320. The number of sources will depend upon the availability of qualified sources, but the objective should ordinarily be to provide competition to the maximum feasible degree wherever practicable, and to obtain quotes from at least four (4) vendors. Both the solicitation and quotes should be written in either electronic or hard copy form.
C. Formal Procurement Methods
1. Competitive Sealed Bidding
Bids in excess of $100,000 are publicly solicited through a formal Invitation for Bids (IFB) with a firm fixed-price Contract (lump sum or unit price) being awarded to the lowest priced responsive bid from a responsible bidder. A fixed-price Contract type does not preclude consideration of the use of price-varying provisions such as escalation or incentives/disincentives, if suitable for the circumstances. The price reasonableness analysis shall consider whether bids are materially unbalanced. Public notice of the IFB shall be posted to City’s website at least ten (10) days prior to the date set for the bid opening.
Competitive sealed bidding is the preferred method of solicitation, and justification for any other method of procurement must be documented as part of the procurement record. In order for sealed bids to be feasible, the following conditions should be present:
i. A complete, adequate, and realistic specification or purchase description is available; ii. Two (2) or more responsible bidders are willing and able to compete effectively for the business; and
iii. The procurement lends itself to a firm fixed price Contract and the selection of the successful bidder can be made principally on the basis of price.
Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 23 All bids will be publicly opened at the time and place prescribed in the IFB. Bidders shall be afforded a suitable opportunity to examine all bids received after they are opened.
When specified in bidding documents, factors such as discounts, transportation costs, value analysis, and life cycle costs must be considered in determining the low bid. Payment discounts shall be requested or considered only when prior experience indicates that the City is able to avail itself of such discounts.
If the IFB includes pricing for any options or alternatives, the solicitation must define whether or not they will be considered in determining the low bid, and, in the event of multiple options, the basis for and order in which they will be accepted.
In the event of a tie, where two (2) bidders are determined to be the lowest responsive and responsible bidders, when the Contract can only be awarded to one (1) bidder, the Project Manager will perform a coin toss to determine the successful bidder.
In the event that a single responsive bid is received from a responsible bidder, the City may negotiate with the bidder to ensure that a fair and reasonable price is obtained. If the responsive bid from the lowest responsible bidder exceeds available funds, the City may negotiate with the apparent low bidder to obtain a Contract price within available funds, provided that the City has established, in writing, conditions and procedures for such negotiations prior to issuance of the IFB and summarized them therein. The City may not, as part of a negotiation process, modify or alter the scope and specification defined in the IFB in a manner which might have attracted additional bidders if incorporated in the solicitation.
Any or all bids may be rejected if there is a sound, documented business reason.
2. Two-Step Procurement
Two-step sealed bidding is a procurement method involving the submittal of un-priced technical proposals in the first step and a sealed bid submittal in the second step.
The Two-Step process is appropriate when all of the following conditions exist:
I. Available specifications or purchase descriptions are not definite or complete or may be too restrictive without technical evaluation and any necessary discussion of the technical aspects of the requirement to ensure mutual understanding between each source and the City;
II. Definite criteria exist for evaluating technical proposals; III. More than one (1) technically qualified source is expected to be available, and more than one (1) technical solution is considered possible;
IV. Sufficient time will be available for use of the two-step method; and Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 24 V. A firm-fixed-price Contract or a fixed-price Contract with economic price adjustment will be used.
The first step requires Offerors to submit technical proposals for evaluation, generally under the procedures for competitively negotiated procurements. Proposals are evaluated for technical merit including, if appropriate, discussions with Offerors and requests for revised proposals. The objective of the process is to negotiate one (1) or more technical solutions acceptable to the City.
At the end of this step, each Offeror offering an acceptable technical solution is invited to submit a sealed bid to provide the goods or services defined in its technical proposal as negotiated. The award is based upon the lowest responsive price from a responsible Offeror.
None of the following precludes the use of two-step sealed bidding:
i. Multi-year contracting.
ii. City-owned facilities or special tooling to be made available to the successful bidder. iii. A first or subsequent production quantity is being acquired under a performance specification.
The Project Manager will prescribe procedures for solicitation, evaluation, and award of Contracts under this method of procurement.
3. Competitive Negotiation
The competitive negotiation procurement process is conducted through a formal Request for Proposals (RFP). This method of procurement is generally utilized when conditions are not appropriate for the use of sealed bids. The process for procuring A&E services, or for other types of professional services in excess of $80,000 if federal funds are not involved, varies, and is described below. This method cannot be used for the acquisition of construction service except under very limited instances and with a written determination made in advance by the City.
Public notice of the RFP shall be posted to City’s website at least ten (10) days prior to the date set for receipt of proposals.
The competitive negotiation method of procurement is appropriate when the Project Manager determines that the following conditions exist:
i. A complete, adequate, and realistic specification or purchase description is not available; ii. Two (2) or more responsible Offerors are willing and able to compete effectively for the award;
iii. The selection of the successful Offeror requires consideration of factors other than price; and
Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 25 iv. Discussions with Offerors are anticipated to be needed.
Either a fixed price or cost reimbursable type Contract may be awarded.
Each RFP will include a description of the factors, in addition to price, by which proposals will be evaluated. Evaluation factors and subfactors will be listed in order of their relative importance.
For RFPs other than small purchases, technical and pricing proposals shall be submitted in separate volumes.
Prior to the receipt of proposals, the Project Manager will establish the method by which technical and price evaluations of the proposals received will be conducted and one (1) or more awardees selected. The evaluation process shall be confidential, and each participant shall sign a confidentiality agreement prior to distribution of the proposals. Technical evaluations shall be conducted prior to distribution of the pricing proposals to ensure that non-technical considerations do not affect the technical evaluations. The process and outcome of the evaluations shall be fully documented.
Unless the technical and price evaluators agree that only one (1) proposer is capable of receiving an award, discussions and negotiations shall be conducted with all proposersfound to be capable.
In cases where there are a large number of qualified proposers, a preliminary round of discussions may be used to reduce the number of candidates. Each RFP shall include a statement that the City may award one (1) or more Contracts on the basis of initial proposals received, without discussions other than requests for clarifications, which are information exchanges that are conducted to eliminate minor uncertainties or irregularities in a proposal and do not give an Offeror the opportunity to revise or modify its proposal.
Because the object of negotiations is to reach an agreement, concessions/compromises may be appropriate. Concessions should not be treated as giveaways. These are points to be earned by both parties and relinquishment will be made after thorough consideration. It is very important that the negotiator takes stock of the strong and weak issues to be presented; the important and irrelevant, and the major and minor points to concede. “Issues” in this Section means the ability to recognize how types, quantities, and costs of material, labor, overhead, and other factors were developed and to attempt to reconcile the proposal elements with the prospective Contract requirements.
The negotiator should recognize that concessions do not necessarily mean City’s or the Contractor’s integrity, or intelligence is being challenged. To the contrary, neither party’s position is infallible. If possible, give the Contractor a way out (preferably your way). This is where the total price approach will permit the Contractor to concede on a crucial point without loss of dignity.
The award will be made to the responsible firm whose proposal is most advantageous to the City, price and all other factors considered. Award may be made either to the proposer whose technically acceptable proposal offers the lowest price, or to the proposer whose proposal offers the “best value” to the City, defined as the greatest business value based upon an analysis of a Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 26 tradeoff of qualitative technical factors and price/cost to identify the best combination of technical merit and price. If an award is made without negotiations, the Contract file must be documented that all costs and profit have been analyzed and considered fair and reasonable.
Regardless of the method used, the solicitation must contain language which establishes and defines the basis on which the award will be made.
4. Architectural and Engineering
The City will use qualification-based competitive proposal procedures based on the Brooks Act, 40 U.S.C § 1102, and 49 U.S.C. § 5325(b), when contracting for A&E services, which are defined to include program management, construction management, feasibility studies, preliminary engineering, design, architectural, engineering, surveying, mapping, and related services that are directly in support of, directly connected to, directly related to, or lead to construction, alteration, or repair of real property.
The Brooks Act requires that:
i. An Offeror’s technical qualifications be evaluated;
ii. Price be excluded as an evaluation factor;
iii. A pricing proposal be requested from, and negotiations be conducted only with the most qualified Offeror;
iv. Failing agreement on price, the proposal must be rejected, and negotiations conducted with the next most qualified Offeror, until a Contract award can be made to the most qualified Offeror whose price is fair and reasonable; and v. If the pool of qualified Offerors is exhausted without an agreement, the solicitation must be canceled.
This “qualifications-based” procurement method can only be used for the procurement of A&E services where any amount of Federal funds is utilized. This method of procurement cannot be used to obtain other types of services even though a firm that provides A&E services is also potential source to perform other types of services.
5. Design-Build
The City shall procure design-build services through means of qualifications-based competitive proposal procedures based on the Brooks Act, when the preponderance of the Work to be performed is considered to be for architectural and engineering (A&E) services. Qualificationsbased competitive proposal procedures will not be used to procure design build services when the preponderance of the Work to be performed is not of an A&E nature.
D. Non-Competitive Procurements
Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 27 Non-competitive (Sole Source) procurements are accomplished through solicitation and acceptance of a proposal from only one (1) source, for the acquisition of property or services in which the aggregate dollar amount exceeds the micro-purchase threshold. A Contract amendment or change order that is not within the scope of the original Contract is considered a sole source procurement that must comply with this subparagraph.
Procurement by non-competitive proposals may be utilized when only one (1) source is practicably available, and the award of a Contract is infeasible under small purchase procedures, sealed bids, or competitive proposals and at least one (1) of the following circumstances applies:
The item is available only from one (1) responsible source because:
1. Unique or Innovative Concept. It involves a unique or innovative concept or capability not available from another source. Unique or innovative concept means a new, novel, or changed concept, approach, or method that is the product of original thinking, the details of which are kept confidential or are patented or copyrighted and is available to the recipient only from one (1) source and has not in the past been available to the recipient from another source.
2. Patents or Restricted Data Rights. Patent or data rights restrictions preclude competition.
3. Substantial Duplication Costs. In the case of a follow-on Contract for the continued development or production of highly specialized equipment and major components thereof, when it is likely that award to another Contractor would result in substantial duplication of costs that are not expected to be recovered through competition.
4. Unacceptable Delay. In the case of a follow-on Contract for the continued development or production of a highly specialized award to another Contractor would result in unacceptable delays in fulfilling the recipient’s needs.
5. Emergency. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation.
6. Authorized by the FTA. Utilization of non-competitive proposals under circumstances including a consortium, joint venture, team, or partnership, or FAR Standards Part 6.3.
7. Inadequate Competition. After solicitation of a number of sources, competition is determined inadequate, and an evaluation of the specifications determines they are not unduly restrictive of competition.
8. Time Extension. Contract time extension or change orders will be considered in light of whether they are permissible changes or impermissible cardinal changes. Once City awards a Contract, a permissible extension of the Contract term length will require a sole source justification along with an ICE, if applicable.
Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 28
9. Negotiating a Lower or Higher Option Price. Exercising an option after City has negotiated a lower or higher price will also result in a sole source award unless that price can be reasonably determined from the terms of the original Contract, or that price results from federal actions that can be reliably measured, such as changes in federal prevailing labor rates, for example.
If the price cannot be reasonably determined from the terms of the original Contract or that price cannot be shown was a result of federal actions that can be reliably measured, then this will require a sole source justification along with an ICE.
10. Capital Maintenance Item. The item is an associated capital maintenance item as defined in 49 U.S.C. § 5307(a)(1) that is procured directly from the original manufacturer or supplier of the item to be replaced, and no other sole source justification applies. The City must first certify to the FTA in writing that the manufacturer or supplier of the capital maintenance item is the only source for the item and that the price is no higher than the price paid by like customers.
Receipt of a single responsive and responsible bid or proposal is not, by itself, conclusive evidence that competition was inadequate; the Project Manager must determine if there was a perception of competition which would affect the bid or proposal. Under these circumstances, award is not considered a sole source. The Project Manager, however, must investigate the reason no other bids or proposals were received; verify that the specification was not unduly restrictive, and that the solicitation cannot be modified in a manner that would result in greater competition; and document the file accordingly.
The City may establish and maintain a listing of sole source items not requiring justification for each purchase, providing (i) that written verification is obtained from the supplier or other authoritative source not less frequently than annually; and (ii) such list is published in a manner readily available to industry suppliers not less frequently than annually, with an invitation for prospective suppliers of competing items to notify the City of their availability.
The City shall publish a written notice stating that only one (1) source was determined to be practicably available, and identifying that which is being procured, the Contractor selected, and the date on which the Contract was or will be awarded. This notice shall be posted on the City website, when the City awards or announces its decision to award the Contract, whichever occurs first. Notice may also be published in a newspaper of general circulation or other appropriate websites.
In case of emergency, a Contract may be awarded without competitive sealed bidding, or competitive negotiation. A written determination of the basis for the emergency must be provided and the City Council must be notified of the award. City shall publish a written notice stating that only one (1) source was determined to be practicably available during the pendency of the emergency, and identifying that which is being procured, the Contractor selected, and the date on which the Contract was or will be awarded. This notice shall be posted on the City website, Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 29 on the day the City awards or announces its decision to award the Contract, whichever occurs first. Notice may also be published in a newspaper of general circulation or other appropriate websites.
A cost analysis is required for each sole source acquisition that exceeds $100,000.
E. Emergency Procurements
1. General Authority. Consistent with applicable laws and regulations, the City Council may authorize emergency procurements for which a public exigency or emergency will not permit the time required to obtain competition. A procurement may be conducted on an emergency basis if the procurement is essential to a City requirement to deal with an existing “emergency condition.” Emergency procurements may be negotiated on a sole source basis or limited competition basis depending on the circumstances as described in Section XI below.
2. Scope of Emergency Procurements. The emergency procurement of goods or services shall be limited to quantities or time periods sufficient to meet the immediate condition and shall not be used to meet long-term requirements. Long-term requirements for the same goods, services, or construction shall be requested separately, to initiate a separate non-emergency procurement action concurrent with the emergency procurement.
3. Modification Restriction. A Contract procured on an emergency basis shall not be modified to expand the scope or extend the time of the procurement unless additional time or a limited number of additional supplies, services, or other items are needed to fill an ongoing emergency requirement until regular procurement action procedures can be completed, not to exceed three (3) months.
F. Options
An option is a unilateral right in a Contract by which, for a specified time, City may elect to purchase additional equipment, supplies, or services called for by the Contract, or may elect to extend the term of the Contract. The use of options must be limited to quantities of goods or services that are reasonably anticipated to be required by the City during the term of the Contract; options may not be included solely with the intent of assigning them to another entity in the future; however, Contracts may include a provision allowing assignment to other agencies in the event of a change in the City’s anticipated requirements, in accordance with FTA regulations and guidance.
The option quantities or periods must be defined in the solicitation; contained in the offer upon which a Contract is awarded; and evaluated as part of the initial award process. When an option has not been evaluated as part of the award, the exercise of the option will be considered a sole source procurement and must be justified as such.
Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 30 The exercise of an option must be in accordance with the terms and conditions of the option asstated in the initial Contract, and an option may not be exercised unless it is determined and documented that the option price is better than prices available in the market or that the option is the more advantageous offer at the time the option is exercised, cost and other factors considered. In limited circumstances, the City may agree to obtain the Contractor’s consent before exercising an option.
If sequential options (e.g., a series of one-year extensions) exist, the failure to timely and properly exercise any option will void all subsequent options.
The City may not exercise an option in Contracts of other public agencies (“piggybacking”) unless it has determined that the option price is better than prices available in the market, or that when it intends to exercise the option, the option is more advantageous, in accordance with FTA regulations and guidance. Use of such options is considered sole source actions and must be documented accordingly.
G. Time and Material Contracts
Time and Material Contracts are to be used only after a documented determination that no other type of Contract is suitable. Such Contracts will specify a ceiling price that the Contractor shall not exceed except at its own risk. Time and Materials type Contract means a Contract whose cost is the sum of the actual cost of materials and direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. Utilization of time and material Contracts require a high degree of oversight in order to obtain reasonable assurance that the Contractor is using efficient methods and effective cost controls. Upon completion of price determination, the Contract shall be modified to a firm fixed price.
H. Rolling Stock Procurements
The FTA permits the use of the following procurement methods as permitted by state and local laws for acquiring rolling stock.
1. Open Market
Most rolling stock is acquired through procurements in the open market that involve the typical standard bidding and proposal procedures. City may only issue solicitations for its current and reasonably expected rolling stock needs. Under no circumstances will City add quantities or options to rolling stock Contracts solely for the purpose of permitting assignment to another party at a later date.
2. Cooperative Procurement
i. Definitions
Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 31 In this Subsection the term cooperative procurement Contract means a Contract entered into between a state government or eligible nonprofit entity and one (1) or more vendors; and under which the vendors agree to provide an option to purchase rolling stock and related equipment to multiple participants.
The term eligible nonprofit entity means a nonprofit cooperative purchasing organization that is not City; or a consortium of entities.
The terms lead nonprofit entity and lead procurement agency mean an eligible nonprofit entity or a state government, respectively, that acts in an administrative capacity on behalf of each participant in a cooperative procurement Contract.
The term participant means a grantee (City) that participates in a cooperative procurement Contract. The term participate means to purchase rolling stock and related equipment under a cooperative procurement Contract using assistance provided under 49 U.S.C. Chapter 53. ii. General Rules
a. Procurement is not limited to intrastate participants. City may participate in a cooperative procurement Contract without regard to being located in the same state as the parties to the Contract.
b. Participation by City in a cooperative procurement Contract is voluntary. c. The lead procurement agency or lead nonprofit entity for a cooperative procurement Contract shall develop the terms of the Contract.
d. A cooperative procurement Contract may be for an initial term of not more than two (2) years; may include not more than three (3) optional extensions for terms of not more than one (1) year each; and may be in effect for a total period of not more than five (5) years, including each extension.
e. A lead procurement agency or lead nonprofit entity, as applicable, that enters into a cooperative procurement Contract may charge the participants in the Contract for the cost of administering, planning, and providing technical assistance for the Contract in an amount that is not more than one percent (1%) of the total value of the Contract; and may incorporate the cost into the price of the Contract or directly charge the participants for the cost, but not both.
3. State Cooperative Procurement Schedules
i. Authority
Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 32 A state government may enter into a cooperative procurement Contract with one (1) or more vendors if:
a. The vendors agree to provide an option to purchase rolling stock and related equipment to the State government and any other participant; and
b. The State government acts throughout the term of the Contract as the lead procurement agency.
ii. Applicability of Policies and Procedures
In procuring rolling stock and related equipment under a cooperative procurement Contract under this Subsection, a state government shall comply with the policies and procedures that apply to procurement by the state government when using non-Federal funds, to the extent that the policies and procedures are in conformance with applicable Federal law.
4. Joint Procurement Clearinghouse
i. In General. A mechanism which allows grantees to work together to purchase rolling stock and identify joint procurement participants.
ii. Information on Procurements. The clearinghouse includes information on bus size, engine type, floor type, and any other attributes necessary to identify joint procurement participants. iii. Limitations
a. Access. The clearinghouse is only accessible to the FTA and grantees. b. Participation. City is not required to submit procurement information to the database.
5. Leasing Arrangements
1. In General. In this Subsection, the term capital lease means any agreement under which City acquires the right to use rolling stock or related equipment for a specified period of time, in exchange for a periodic payment.
2. Maintenance. A capital lease may require that City provide maintenance of the rolling stock or related equipment covered by the lease.
3. Program to Support Innovative Leasing Arrangements
Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 33
1. Authority. City may use assistance provided under 49 U.S.C. Chapter 53 to enter into a capital lease if the rolling stock or related equipment covered under the lease is eligible for capital assistance under such chapter; and there is or will be no Federal interest in the rolling stock or related equipment covered under the lease as of the date on which the lease takes effect.
2. Requirements. City shall maintain an inventory of the rolling stock or related equipment acquired under the lease; and maintain accounting records of liability under the lease.
3. Eligible lease costs. The costs for which City may use assistance under 49 U.S.C.
Chapter 53 with respect to a capital lease, include the cost of the rolling stock or related equipment; associated financing costs, including interest, legal fees, and financial advisor fees; ancillary costs such as delivery and installation charges; and maintenance costs.
4. Terms. City shall negotiate the terms of any lease agreement it enters into.
5. Applicability of procurement requirements.
1) Lease requirements. 49 CFR Part 639, or any successor regulation, and implementing guidance applicable to leasing shall not apply to a capital lease.
2) Buy America. The requirements under 49 U.S.C. § 5323(j) shall apply to a capital lease.
4. Capital Leasing of Certain Zero Emission Vehicle Components
1. Definitions
1) In this paragraph the term removable power source means a power source that is separately installed in, and removable from, a zero-emission vehicle; and
2) May include a battery, a fuel cell, an ultra-capacitor, or other advanced power source used in a zero-emission vehicle; and
3) The term zero emission vehicle has the meaning given the term in 49 U.S.C. § 5339(c).
2. Leased power sources. Notwithstanding any other provision of law, the cost of a removable power source that is necessary for the operation of a zero-emission Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 34 vehicle shall not be treated as part of the cost of the vehicle if the removable power source is acquired using a capital lease.
3. Eligible capital lease. City may acquire a removable power source by itself through a capital lease.
4. Procurement regulations. For purposes of this Section, a removable power source shall be subject to 2 CFR § 200.88.
5. Buy America. The requirements of 49 U.S.C. § 5323(j) applies to all procurements under this Section.
6. Joint Procurements
City is “encouraged to enter into state and local intergovernmental agreements or inter-entity agreements, where appropriate, for procurement or use of common or shared goods and services,” in accordance with CFR § 200.318(e). The FTA encourages joint procurements in which two (2) or more grantees issue a single solicitation document and enter into a single Contract with a vendor or vendors for rolling stock in a fixed quantity, which may be expressed with both a total minimum and total maximum. Unlike a State or nonprofit cooperative procurement Contract, a joint procurement does not permit nonparties to participate in the Contract except through the assignment of options. Joint procurements offer the advantage of obtaining goods and services that better meet the needs of each participating recipient than those goods and services likely to be available through an assignment of another recipient’s Contract rights.
Joint procurements must be tailored to the specific quantities that the participants anticipate needing and may not inflate the maximum quantity of vehicles so that others may “piggyback” on the Contract later.
As stated in the FTA C4220.1F, “Participation in a joint procurement, however, does not relieve any participating recipient from the requirements and responsibilities it would have if it were procuring the property or services itself, and does not relinquish responsibility for the actions of other participants merely because the primary administrative responsibility for a particular action resides in an entity other than in itself. All elements of the procurement should be subject to the review and approval of all participants. Each participant should have the right to take part in the evaluation and selection process.”
Purchasers in a joint procurement may award individual Contracts for their particular needs as long as those Contracts reflect the terms and conditions in the joint procurement competitive solicitation and the proposal that was submitted by the winning Contractor.
7. Exercise of Options
City may use its own Contract options with the following limitations:
Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 35 i. Consistency with the Underlying Contract. The terms and conditions of the option must be substantially similar to the terms and conditions of the option as stated in the original Contract at the time it was awarded.
ii. Price. City may not exercise an option unless the Project Manager has determined that the option price is better than prices available in the market, or that when it intends to exercise the option, the option is more advantageous than what can be obtained in the open market.
iii. Awards Treated as Sole Source Procurements. Some actions, as described in Section VI (D), Non-Competitive Procurements, constitute sole source awards, and the Project Manager must be able to justify the use of a non-competitive award (i.e., a sole source procurement) before it enters into a Contract.
8. Acquisition Through Assigned Contract Rights / Piggybacking It may be useful to acquire Contract options through assignment by another recipient. This practice is commonly referred to as “piggybacking.” City may use the contractual rights through assignment after determining:
i. That the original Contract Price remains fair and reasonable; ii. That the original Contract provisions comply with all applicable Federal requirements; and iii. That the assigning recipient originally procured quantities necessary for their needs (i.e., they did not procure unreasonably large quantities).
Prior to proceeding with the assignment, City must review the original Contract to ensure that the quantities the assigning recipient acquired, together with the quantities that City is seeking, does not exceed the amounts available under the assigning recipient’s Contract. It is not necessary for City to perform a second price analysis if one was performed for the original Contract; however, City must determine whether the Contract price or prices that were established under the original agreement are still fair and reasonable. Additionally, City is responsible for ensuring that the Contractor complies with FTA’s Buy America requirements for the assigned quantities.
9. Special Contract Provisions of Rolling Stock
The following requirements may affect rolling stock procurements:
i. Accessibility. Rolling stock must comply with the accessibility requirements of DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR Part 37, and Joint Access Board/DOT regulations, “Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR Part 1192 and 49 CFR Part
38. Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 36 ii. Transit Vehicle Manufacturer Compliance with DBE Requirements. Before a transit vehicle manufacturer (TVM) may submit a bid or proposal to provide vehicles to be financed with FTA assistance, 49 CFR § 26.49 requires the TVM to submit a certification that it has complied with FTA’s DBE requirements. The FTA’s website contains a list of current certified TVMs, and it is a best practice to confirm a TVMs certification with this list. If a TVM is not on the FTA list, the Project Manager should contact the civil rights officer in their region before awarding the Contract.
iii. Minimum Useful Life. The FTA requires City to maintain satisfactory continuing control of FTA assisted property. For buses and certain other vehicles, the FTA has established minimum service life policies that may affect the quantity of vehicles that City may acquire. See the most recent version of FTA Circular 5010.1, “Grant Management Requirements,” which addresses minimum useful life for vehicles. iv. Spare Ratios. All FTA assistance for procurements must be limited to property and services City will use in the near future. See the most recent version of FTA Circular 5010.1, “Grant Management Requirements,” for additional information. v. Air Pollution and Fuel Economy. Each Contract to acquire rolling stock must include provisions to ensure compliance with applicable Federal air pollution control and fuel economy regulations, such as EPA regulations, “Control of Air Pollution from Mobile Sources,” 40 CFR Part 85; EPA regulations, “Control of Air Pollution from New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines,” 40 CFR Part 86; and EPA regulations, “Fuel Economy of Motor Vehicles,” 40 CFR Part 600. vi. Bus Testing. Each Contract to acquire a new bus model or a bus with significant alterations to an existing model must include provisions to assure compliance with applicable requirements of 49 U.S.C. § 5318, and FTA regulations, “Bus Testing,” 49 CFR Part 665.
Buses must achieve a passing score on eight (8) performance measures in order to be eligible for FTA funding.
vii. In-State Dealers. City may not limit its bus procurements to its in-State dealers, 49 U.S.C. § 5325(i). Although the FTA respects State licensing requirements, the FTA is prohibited by law from providing assistance to support bus procurements that have the result of limiting competition to entities that have been able to obtain a state license. viii. Basis for Contract Award. As permitted by 49 U.S.C. § 5325(f), City may award a Contract for rolling stock based on initial capital costs, or based on performance, standardization, life cycle costs, and other factors, or by selection through a competitive procurement process.
ix. Time Limits for Options on Rolling Stock Contracts. Under 49 U.S.C. § 5325(e)(1)(A), City may enter into a multiyear Contract to acquire buses or replacement parts with options Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 37 not exceeding a total of five (5) years to buy additional buses or replacement parts. The FTA interprets the five (5) year period as covering City’s “material requirements” for rolling stock and replacement needs from the first day the Contract becomes effective to its “material requirements” at the end of the fifth, as applicable. In the case of rolling stock, which frequently cannot be delivered expeditiously, the FTA recognizes that City’s “material requirements” for rolling stock will necessarily precede its actual need to put that rolling stock to use in public transportation service. This means that the Contract may not have options for more rolling stock and replacement parts than City’s material requirements for the applicable five-year period. This does not mean City must obtain delivery, acceptance, or even fabrication in five (5) years. Instead, it means that the FTA limits a Contract to purchasing no more than City’s material requirements for rolling stock or replacement parts for five (5) years based on the effective date of the Contract.
However, rolling stock options must be exercised within the original Contract term. x. Buy America. When procuring rolling stock, City must ensure that the cost of the components and subcomponents produced in the United States meets the current Buy America threshold requirement of more than 70% of the cost of all components of the rolling stock. Additionally, final assembly of the rolling stock must occur in the United States. See 49 U.S.C. § 5323(j)(2)(C).
xi. Pre-Award and Post Delivery Reviews for Rolling Stock. The FTA requires that City’s purchase of revenue passenger rolling stock undertake reviews of the rolling stock before award of the bid, during manufacture, and following delivery of the rolling stock. City must certify that the Contractor will comply with FTA’s pre-award and post-delivery review requirements. See 49 U.S.C. § 5323(m) and FTA regulation, “Pre-Award and PostDelivery Audits of Rolling Stock Purchases,” 49 CFR Part 663.
VII. Contract Cost and Price Analysis
A. Requirement
A cost or price analysis must be performed for every procurement action exceeding $100,000, including Contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation. See 2 CFR § 200.323 and FTA C4220.1F, Chapter VI, Paragraph 6. FTA’s “Pricing Guide for Grantees” provides guidance in performing the appropriate degree of cost or price analysis.
B. Independent Estimate
Any cost or price analysis must be based on an independent estimate, which should be developed before a solicitation is issued, but in no event after the receipt of bids or proposals. For Contract modifications, the independent cost estimate must be prepared without knowledge of the Contractor’s proposed pricing.
C. Cost Analysis
Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 38 A cost analysis must be performed when the Offeror is required to submit the elements of the estimated cost (i.e., labor hours, overhead, materials, etc.). A cost analysis will be necessary when adequate price competition is lacking, including sole source procurements, Contract modifications, change orders, and exercise of options, unless price reasonableness can be established on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or on the basis of prices set forth by law or regulation.
Adequate price competition may be determined to exist when the perception of competition exists, even if only (1) one bid or proposal is received; conversely, the receipt of multiple bids or proposals with widely differing prices may not constitute adequate price competition.
Profit is to be negotiated as a separate element of the price for each Contract in which there is no price competition and, in all cases, where a cost analysis is performed. To establish a fair and reasonable profit, consideration will be given to the complexity of the Work to be performed, the risk borne by the Contractor, the Contractor’s investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar Work.
Costs or prices based on estimated costs for Contracts will be allowable only to the extent that costs incurred, or cost estimates included in negotiated prices would be allowable under 2 CFR Part 200 Subpart E – Cost Principles.
The cost plus a percentage of cost and percentage of construction cost methods of contracting will not be used.
D. Price Analysis
A price analysis looks at the price as a whole without examination of its various components and is usually performed by comparing prices to those from other comparable procurements.
A price analysis may be used in all instances where a cost analysis is not required to determine the reasonableness of the proposed Contract price.
VIII. Bonding Requirements
A. Construction
City shall specify a bonding policy in compliance with FTA requirements for construction or facility improvement Contracts which adequately protects the City and FTA interests.
B. Non-Construction
For non-construction Contracts, bonding requirements are discouraged except where applicable law or regulations provides for such bonding or City determines that such a requirement is necessary as part of the risk management plan for a project.
IX. Payment Provisions
Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 39 A. Advance Payments
The use of FTA funds for payments in advance of the incurrence of costs by the Contractor is generally prohibited, without prior written approval from the FTA. The FTA does permit advance payments from FTA funds for those purchases where advance payment is customary in the commercial marketplace such as public utility connections and services, subscriptions to publications, software licenses, construction mobilization costs, and transportation. FTA approval of such advance payments is required when the amount exceeds $100,000. City should not make advance payments using other funds (including local match funds) except where it is customary in the industry or there are sound business reasons (e.g., to enable a more cost-effective pricing structure) for doing so; in the latter case, the file shall be documented to fully justify the advance payment.
B. Progress Payments
Progress payments are to be made only for costs incurred in the performance of the Contract. When progress payments are used, the City must obtain title to property or other adequate security for the amount of the progress payment. Progress payments for construction Contracts may be made on a percentage of completion basis; this method may not be used for non-construction Contracts.
X. Payment Provisions
A. Risk Management
City shall determine whether to use, or not to use, a liquidated damages provision for a specific procurement, as part of an overall risk management program. City may use reasonable liquidated damages and if City reasonably expects to suffer damages through delayed Contract performance, or if weight requirements are exceeded, and the extent or amount of such damages are uncertain and would be difficult to determine. A measurement other than a day or another period of time may be established if that measurement is appropriate, such as weight requirements in a rolling stock purchase.
B. Calculation
The amount of liquidated damages must be reasonably calculated to reflect anticipated damages the City might suffer should the standards not be met or as the result of an inadequacy or delay in Contract performance and must be specified in the solicitation and Contract.
C. Measurement
Liquidated damages may be imposed for the entire Contract or for a readily identifiable milestone or deliverable, and the measurement period may be other than a day, where appropriate.
D. Solicitation Requirements
If it is determined that a liquidated damages provision will be included, the solicitation shall identify, with specificity, the circumstances in which the liquidated damages will be imposed and the rate to be charged. The file shall document the derivation of the rate of assessment and ensure it is reasonable, proper, and not arbitrary or punitive.
Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 40 XI. Contract Approval Requirements
A. City Council Approval
No Contract for goods and services, including professional services, may be awarded without the advance written approval of the Porterville City Council if the aggregate or the sum of all phases is expected to exceed $5,000.
B. Modifications
No fixed-price Contract may be increased without the advance written approval of the Porterville City Council.
XII. Contract Award Announcement
Announcement of Contract awards utilizing Federal funds will be made in accordance with FTA requirements. Award notifications will also be posted on City’s webpage.
XIII. Sound and Complete Agreement
All Contracts shall include provisions adequate to form a sound and complete agreement. Critical elements resulting in a Contract that is a sound and complete agreement include:
A. Delivery Dates.
B. Labor rates that match between Contract line items and exhibit items.
C. Liquidated damages that include a date certain for application and dollar damages stated.
D. Option year quantities and pricing.
E. Performance period for services (that do not conflict).
F. Time period or mechanics for exercising options.
G. A reasonable review to limit ambiguities between Contract terms and conditions and a contractual means to resolve the ambiguities.
H. Payment provisions or progress payment provisions, including title to property.
I. Basis for annal price adjustments.
J. Coherent start dates throughout the document.
K. Provisions for implementation or price adjustment for “unforeseen conditions” in fixed price Contracts.
L. Clear, accurate, and complete Contract specifications or statements of work.
XIV. Sound and Complete Agreement
The FTA Master Agreement, 2 CFR § 200.327, and Appendix II to 2 CFR Part 200 identify specific required clauses in all FTA funded Contracts.
Not all clauses apply to every Contract. The applicability of clauses depends on the size and type of Contract. Contracts or purchase orders should be tailored and only the clauses applicable to the specific procurement should be included. Including clauses not applicable to the procurement may Part A - Policy
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 41 restrict competition or result in higher Contract pricing than necessary. Contracts must include all applicable clauses, including, but not limited to, remedies for breach, termination, equal employment opportunity, Davis-Bacon Act, Contract Work Hours and Safety Standards Act, rights to inventions made under a Contract or agreement, Clean Air Act and Federal Water Pollution Control Act, debarment and suspension, Byrd Anti-Lobbying Amendment, procurement of recovered materials, prohibition on certain telecommunications and video surveillance services or equipment, and domestic preferences for procurement.
XV. Contracts Outside the Scope of this Policy
A. Other Acquisitions
This policy will not apply to transactions involving the purchase, sale, lease, or other transactions for real property; for joint development projects; for purchases from government regulated entities such as public utilities which are granted market exclusivity by the regulating agency; for purchases of professional subscriptions, memberships, seminars, and expenses in connection with industry meetings and conferences; for travel and living expenses on City business; and other similar expenditures incidental to the routine conduct of the City’s business. Purchases on behalf of a member jurisdiction of the City, utilizing funds of that jurisdiction, are excluded from this policy.
However, Contracts in support of such transactions (real estate consultants, for example) are subject to this policy.
B. Revenue Contracts
Contracts whose principal purpose is to generate revenue for the City are not subject to this policy.
However, where feasible, a competitive process suitable to the type and scope of the activity involved and the availability of competition should be conducted. This policy may apply in some circumstances involving a revenue-producing activity (e.g., the employment of a Contractor to produce revenue).
XVI. Disadvantaged Business Enterprises
It is the policy of the City that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, shall have an opportunity to participate in awards of its Contracts and Subcontracts. The City shall take positive actions to ensure utilization of DBEs through its DBE Program. A review of DBE subcontracting opportunities shall be conducted for each U.S. Department of Transportation (DOT) funded solicitation over $25,000 and a percentage goal for DBE participation established where appropriate subcontracting opportunities exist.
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 42 Part B – Procedures
I. Applicability
A. Procurement Policy
These procedures implement the policies established in Part A – Policy of the Procurement Manual (“Policy”), as approved by the Porterville City Council. They apply to all Federal Transit Administration (FTA) funded contracts and purchases of the City, except as specifically excluded in the Policy. The City does business under the name Porterville Transit (PT).
B. Contracts Outside the Scope of this Policy
1. Other Acquisitions
This policy will not apply to transactions as defined in Section XV of Part A. However, the Transportation Department may be asked to aid such actions.
2. Revenue Contracts
A revenue Contract is one in which the City provides access to public transportation assets for the primary purpose of either producing revenue in connection with a public transportation related activity or creating business opportunities involving the use of City property.
Such Contracts are not subject to this policy. However, where feasible, a competitive process suitable to the type and scope of the activity involved and the availability of competition should be considered (i.e., where there are several potential competitors for a limited opportunity, such as advertising space associated with City assets). Nonetheless, where the nature of an opportunity allows reasonably unlimited access for all competitors, the opportunity should be made available to all such parties, without restriction.
II. Contracting Authority
A. The Contracting Officer
The the Porterville City Council is the City’s Contracting Officer.
B. Delegation of Contracting Authority
The City Council may delegate contracting authority in whole or in part to the City Manager, who may delegate the authorityto other Directors of the City within the general scope of their responsibility. This authority may be re-delegated in whole or in part to other staff possessing sufficient knowledge, experience, and background in procurement policies and procedures, and in administration of Contracts for the scope of the delegation.
C. Legal Counsel
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 43 Legal Counsel is responsible for providing advice to the Porterville City Council and City staff on legal matters, and review and approval of Contracts prior to the Mayor’s or delegated Director’s execution. Outside legal counsel may only be involved in procurement issues with prior approval of the City Manager or his or her designee.
III. General Procurement Standards
A. Public Notice
1. Full and Open Competitive Procurements
Procurements expected to exceed $5,000 require public notice, which is to be accomplished by posting on the City website for at least ten (10) days prior to receipt of offers. Additionally, notices may be published in general circulation newspaper(s) or other appropriate websites and offers may be solicited directly from potential Contractors.
2. Non-Competitive Procurements
The following non-competitive procurements exceeding $5,000 are to be posted to the City website. The procurement file must include documented justification for the lack of competition.
i. Sole Source
ii. Single Source
iii. Emergency
B. Competition
All procurement transactions are to be conducted in a manner intended to maximize full and open competition. In implementing this standard, City staff members are expected to be aggressive in identifying potential vendors for each procurement. At a minimum, each procurement expected to exceed the small purchase threshold shall be advertised in local, and, as appropriate, regional, national, and trade publications, and known vendors will be directly informed of the project and encouraged to respond to the solicitation. Additionally, each competitive procurement above the small purchase threshold shall be posted on the City website’s procurement page for downloading. The advertisement and notice shall provide the solicitation number and title, the date of any pre-bid or pre-proposal conference, and the date and time for receipt of responses to the solicitation. Advertisements and notices shall be issued at the beginning of the solicitation period or as soon thereafter as practicable (e.g., to accommodate the advertising schedules of publications). For procurements below the small purchase threshold, formal advertising is not required, but may be used if appropriate.
C. Standards of Conduct
City maintains a written code of conduct as part of its Procurement and Contract Administration Manual and Conflict of Interest Policy. This Section, Part A Section II, and Part A Section V of the Policy, set forth the required standards of conduct relating to all procurement activities.
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 44 Additionally, Transportation personnel and other employees with responsibility for procurementrelated activities, their partners and members of their immediate families are subject to the requirements of 2 CFR §§ 200.112 and 200.318, and FTA Circular 4220.1F.
C4220.1F requires that employees of transit agencies such as City who are involved in the award or administration of Contracts involving federal funds conform to written standards of conduct that provide:
1. No employee, officer, agent, or Council member, or his or her immediate family member, partner, or organization that employs or is about to employ any of the foregoing individuals may participate in the selection, award, or administration of a Contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when any of those individuals previously listed has a financial or other interest in the firm selected for the award.
2. Officers, employees, agents, or Council members may neither solicit nor accept gifts, gratuities, favors, or anything of monetary value from Contractors, potential Contractors, or parties to Subcontracts; an FTA-funded agency such as City has set minimum rules for acceptance of gifts.
i. Acceptance of any gift, favor, or service from any individual(s) interested in any business relationship with City, which would cause a reasonable person to question the officer’s or employee’s impartiality in the matter, is considered to be a conflict of interest (except those donated for a specific activity or purpose sanctioned by City).
ii. Acceptance of any personal gift, favor, service, or item, regardless of value, from an individual(s) for the employee’s own economic benefit or as a trade for any City services (i.e., advertising space, etc.) is considered to be a conflict of interest. iii. Acceptance of gifts from any source so frequent as to raise an appearance of the use of the employee’s position for private gain is considered to be a conflict of interest.
Among the actions prohibited are for a public employee having official responsibility for a procurement action, or a member of the employee’s immediate family, or the employee’s partner to be employed in a capacity involving personal and substantial participation in a procurement transaction, own or have more than a five percent (5%) interest by or in a bidder, Offeror, or Contractor; or to have a pecuniary interest arising from a procurement transaction; or is negotiating or has an arrangement concerning prospective employment with a bidder, Offeror, or Contractor.
During initial procurement research, mitigation measures will be implemented to eliminate real or potential conflict of interest. For example, when a conflict involving a City employee is Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 45 identified, the identified City employee will not participate in any stages of the procurement or contract administration and will be replaced by another non-conflicting employee.
No City employee or public official shall knowingly use confidential information for their personal gain or the gain of others.
Porterville Transit will adhere to the applicable State of California ethics and conflicts of interest laws and regulations in its applications of these requirements.
Upon discovery of an actual or potential conflict of interest in the selection, award, or administration of a FTA-supported contract, the employee shall refrain from or discontinue participation in the selection, award, or administration of said contract. The employee, may, at the same time, and either directly or through the City Manager or City Attorney, request from the appropriate federal or state regulatory authority an advisory opinion as to what further participation, if any, the employee may have. It will be at the sole discretion of the City Manager, based on any regulatory authority advisory opinion, to determine whether and to what extent the employee may be permitted to participate.
Levine Act. All solicitations shall include the following statement:
California Government Code § 84308, commonly referred to as the “Levine Act,” precludes an officer of a local government agency from participating in the award of a contract if he or she receives any political contributions totaling more than $250 in the 12 months preceding the pendency of the contract award, and for three months following the final decision, from the person or company awarded the contract.
D. Efficient and Economic Purchasing
Procurement activity will be reviewed by the Director of Transportation from time to time to determine if certain classes of purchases should be consolidated or broken out to obtain more economic pricing. Where appropriate, analysis will also be made of lease versus purchase alternatives or any other appropriate methodology to determine the most economical approach.
E. Specifications
All solicitations shall incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such descriptions shall not, in competitive procurements, contain features that unduly restrict competition. The description may include a statement of the qualitative nature of the material, product, or service to be acquired. Whenever practical, requirements will be described in terms of functions to be performed or level of performance required, including the range of acceptable characteristics or minimum acceptable standards. Detailed product specifications are to be avoided if possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or approved equal” description may be used as a means to define the performance; however, when this method is used, the specification must set forth the salient characteristics that the product must meet, and vendors will be allowed to offer “equal” products meeting the Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 46 salient characteristics. If only a “brand name” is specified, without the “or approved equal” provision, the procurement must be processed as a sole source, with the appropriate justifications completed and maintained as part of the official Contract record. Specifications for bid solicitations, whether by small purchase or formal procurement, shall be sufficiently detailed to ensure that bidders may submit pricing on an “apples to apples” basis. Specifications or scopes of services for negotiated procurements may be more general and accommodate the possibility of alternative solutions or products.
F. Value Engineering
Value engineering is a method of reviewing the specification for a construction and other capital project to identify opportunities for increased efficiency. Value engineering is a systematic and creative analysis to ensure that the project is designed and constructed to perform its essential functions in the most cost-effective manner. The process may include consideration of life cycle costing and intangible or indirect benefits such as sustainability. Value engineering may result in either an increase to, or a decrease in, the project price. City encourages Contractors to submit Value Engineering Change Proposals (VECPs) when they identify efficiencies or improvements which reduce the Contract amount without impairing essential functions or characteristics of the Work. The Contractor and City will share any savings, at a pre-determined split. City retains the right to reject a VECP without review, and without recourse by the Contractor, if the proposed change is unacceptable to City.
G. Records
The Transportation Department shall maintain records detailing the history of a procurement in a manner consistent with the size, complexity, and cost of the Contract, in accordance with City’s Records Retention Policy.
H. Use of Existing Contracts
1. General Services Administration and Virginia Purchasing Schedules Both the U.S. General Services Administration (GSA) and the State of California maintain Contract schedules for various commodities and services. Some of these are established on a competitive basis, and some are simple listings of products available from vendors in the field.
City may use State Contracts of this type in accordance with the governing law and regulations of the agency establishing them. At present, City is barred from using most GSA schedules, except to acquire information technology (IT) and to purchase products and services to facilitate recovery from a major disaster. Any purchase from another agency’s Contract requires that the Contract be modified to include all FTA terms and conditions (Contract clauses and required vendor certifications). Use of a federal or State supply schedule which is not the result of a competitive process does not meet the FTA requirement for competition.
In such cases, City must seek proposals from a reasonable number of firms on the schedule and determine the firm offering the best value. Compliance with Buy America must be determined prior to issuing an order, and a waiver sought from the FTA if the product is noncompliant.
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 47
2. Exercising Options in Other Agency Contracts
The term “piggybacking” is often used to describe one transit agency’s use of another transit agency’s existing Contract when the awarding agency’s Contract did not originally envision its use by the piggybacking agency. A number of FTA requirements must be met before such a Contract may be used. The FTA requires that the existing Contract contain an assignability clause and all required FTA Contract clauses and certifications; these clauses cannot be added by City as part of its use of the existing Contract. All quantities acquired by assigned Contract rights must be within the original Contract quantities (including options) and acquired within the term of the existing Contract. City must determine that the agency with the Contract complied with all FTA requirements relating to competition and performance of a cost or price analysis. City must also perform its own cost or price analysis to determine that the prices it will pay are fair and reasonable. City’s Project Manager will obtain all appropriate documentation from the original awarding agency and are retained in the procurement file for that acquisition. Piggybacking should not be confused with a joint acquisition, where City is a named party in the original solicitation.
3. Types of Options
Generally, there are three (3) types of options which may be included in a solicitation:
i. Options for additional quantities. Options for additional quantities may be utilized when City anticipates that quantities of the same goods or services beyond those specified may be required within the time period of the Contract, conditioned upon unsecured funding or potential future events. The additional quantities should be clearly specified and, to the extent reasonably feasible, the timeframe identified. Cost factors such as escalation or quantity discounts should be considered in evaluating the price reasonableness of such options. ii. Options for additional time periods. Options for additional time periods are often utilized in annual service Contracts, where City desires the ability to continue with a Contract beyond the base term of the Contract, conditioned upon satisfactory performance by the Contractor. The total of the option periods should not exceed a reasonable period for the services required, and options cannot be used to perpetuate a Contract with one (1) Contractor to the detriment of reasonable competition. Factors such as escalation and the economic value of prior experience should be considered in evaluating the price reasonableness of such options.
iii. Options for additional or alternative types of goods or services. Options for additional or alternative types of goods or services may be used where City wishes items beyond its estimated capacity to fund the Contract (such as a higher quality of product) or where a future set of services may be needed depending upon the results of the initial Contract scope (such as in preliminary feasibility or design Contracts).
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 48 In developing options for a solicitation, the Project Manager and the technical participants must consider the benefits and drawbacks of a new solicitation for the optional items, the impact on competition, and the feasibility of obtaining reasonably accurate pricing.
I. Protests
1. Policy
City policy requires that all prospective Contractors be accorded fair and equal consideration in the solicitation and award of Contracts. To that end, any bidder or Offeror shall have the right to protest the award or decision to award a Contract and to have its allegations considered and addressed.
In accordance with Section 200.318(k) of Title 2, Code of Federal Regulations, the City alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the City of any contractual responsibilities under its Contracts. The FTA will not substitute its judgment for that of the City unless the matter is primarily a federal concern. Violations of law will be referred to the local, state, or Federal authority that has proper jurisdiction.
2. Purpose and Scope
This Section establishes procedures for administrative resolution of protests by the City arising in the acquisition process and to implement applicable FTA. i. The Director of Transportation is responsible for compliance with all provisions of the City’s protest procedures. The Director of Transportation shall utilize all available resources in responding to such protest and shall obtain the advice and concurrence of Legal Counsel;
ii. The FTA must be notified of all formal, written protests, when FTA funds are involved.
The Director of Transportation must submit a copy of the original protest and the City’s response to the FTA Regional Office; and
iii. The City need not delay an award for the period allowed a bidder or Offeror to protest, but in the event of a timely protest, or the filing of a timely legal action, the City shall take no further action to award the Contract unless the Director of Transportation determines in writing that proceeding without delay is necessary to protect the public interest or unless the bid or offer would expire.
3. Definitions
i. The term “days” refers to calendar days.
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 49 ii. Other terms pertaining to protests shall be defined according to state law.
4. Submittal Procedures
A protest by a bidder or Offeror seeking to protest the award or decision to award a Contract must be timely received by the Director of Transportation by certified mail or other delivery method by a nationally recognized commercial carrier from which receipt can be verified.
Electronic submissions will not be accepted unless an original signed copy of the protest is received by the Director within twenty-four (24) hours (not including weekends and holidays) after receipt of the electronic copy. The Director may, however, permit the electronic provision of supplemental information after the initial protest submittal. The protest, in order to be considered, shall include, at a minimum, the following:
i. The name and address of the protesting party and its relationship to the procurement sufficient to establish that the protest is being filed by an interested party. ii. Identity of the contact person for the protestor, including name, title, address, telephone, fax, and email addresses. If the contact point is a third-party representing the protester, the same information must be provided, plus a statement defining the relationship between the protester and the third-party. iii. Identification of the procurement, including solicitation or Contract number. iv. A description of the nature of the protest, referencing the portion(s) of the solicitation or Contract involved.
v. Identification of the provision(s) of any law, regulation, or other governance upon which the protest is based.
vi. A compete discussion of the basis for the protest, including all supporting facts, documents, or data.
vii. An explanation why the proposed award or the award is not (a) an honest exercise of discretion, but rather is arbitrary or capricious or (b) in accordance with the California Department of Transportation (Caltrans), applicable state law or regulation, or the terms and conditions of the Invitation for Bids or Request for Proposals. viii. Request for a ruling by the City.
ix. A statement of the specific relief requested.
x. Information establishing the timeliness of the protest.
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 50 xi. A notarized affirmation by the protestor (if an individual) or by an owner or officer of the protestor (if not an individual) as to the truth and accuracy of the statements made in the protest submittal.
The protestor is solely responsible for the completeness and validity of the information provided. Any documents relevant to the protest should be attached to the written submission. Documents which are readily available on the Internet may be referenced to an appropriate link.
Protests shall be submitted in accordance with the requirements of this Section and any directions included in the solicitation and shall be addressed to the Director of Transportation.
Unless otherwise specified in the solicitation, the written protest shall be accompanied by an electronic copy (CD or flash drive) in PDF format. In case of a variance in the content of the written and electronic submittals, the written version shall prevail.
The Director of Transportation may uphold or deny the protest solely upon the written submission, without requesting further submission(s) from the protestor. Thus, the protest submission should include all materials necessary to support the protester’s position.
5. Time for Filing
i. Protest Regarding Contract Award or Decision to Award i. Any protest regarding the award or decision to award a Contract must be received no later than ten (10) days after the date of award or the announcement of the decision to award, whichever occurs first. Any protest filed after the date will not be considered by the City.
ii. Public notice of the award or the announcement of the decision to award shall be given by the City in the manner prescribed in the terms or conditions of the Invitation for Bid or Request for Proposal. Any potential bidder or Offeror on a Contract negotiated on a sole source or emergency basis who desires to protest the award or decision to award such Contract shall submit the protest in the same manner no later than ten (10) days after posting or publication of the notice of such Contract.
iii. The date of the Decision to Award will be the date of Contract approval by the Porterville City Council at a properly noticed meeting. The date of any Decision to Award will be posted on City’s website within twenty-four (24) hours of the same.
The date of the Award announcement will correspond with the date a Notice to Proceed is sent to the successful Offeror.
iv. If the protest of any bidder or Offeror depends in whole or in part upon information contained in public records pertaining to the procurement transaction that are subject to inspection, then the time within which the protest Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 51 shall be submitted shall expire ten (10) days after those records are available for inspection by such bidder or Offeror, or at such later time as provided in this Section. No protest shall lie for a claim that the selected bidder or Offeror is not a responsible bidder or Offeror.
ii. Untimely Protest
Initial protest submissions received by the City after the time periods specified above shall be deemed by the Director of Transportation to be untimely and may be denied on the basis.
6. Review of Protests
The City need not delay award for the period allowed a bidder or Offeror to protest, but in the event of a timely protest, or the filing of a timely legal action, no further action to award the Contract shall be taken unless the Director of Transportation makes a written determination that proceeding without delay is necessary to protect the public interest or unless the bid or offer would expire.
i. Response Time. The City shall issue a decision in writing within ten (10) days stating the reasons for the action taken.
ii. Release of Information. The Director of Transportation shall redact from any submission under the protest process information which has been identified as proprietary, and which, in his/her judgment, is protected from disclosure under the California Freedom of Information Act, prior to furnishing such submission to any other party in response to a written request for that information submitted pursuant to the California Freedom of Information Act, unless the person furnishing the information consents, in writing, to distribution of the information to other interested parties.
iii. Notification to FTA. The Director of Transportation must notify the FTA of any protest of a procurement involving federal funds and advise the FTA of the status and the resolution thereof in accordance with Circular 4220.1F, Chap. VII, Sec 1. a(2).
7. Response to Protests
The Director of Transportation will notify the protester upon timely receipt of a protest and may request additional information from the protestor. Additional or supplemental materials may only be submitted at the request of, or with permission of, the Director of Transportation.
The Director of Transportation may, at his/her discretion, meet with the protestor or other interested parties to review the issue(s) raised in the protest.
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 52 Decision to Award and Award will be made public as specified above. Notice of Contract award will be transmitted to each bidder/proposer at the address contained in its bid/proposal form.
Transmittal may be by electronic means or by hardcopy.
Upon receipt of a timely protest, the Director of Transportation shall notify all Offerors and any other known parties of the receipt and nature of the protest and request an extension of the validity of their offers, if appropriate. In the event of a timely protest, the City shall take no further action to award the Contract unless the Director of Transportation determine in writing that proceeding without delay is necessary to protect the public interest or unless the bid or offer would expire.
If prior to an award it is determined that the decision to award is arbitrary or capricious, then the sole relief shall be a finding to that effect. The City shall cancel the proposed award or revise it to comply with the law. If, after an award, it is determined that an award of a Contract was arbitrary or capricious, then the sole relief shall be as hereinafter provided.
Where the award has been made but performance has not begun, the performance of the Contract may be enjoined. Where the award has been made and performance has begun, the City may declare the Contract void upon a finding that this action is in the best interest of the public. Where a Contract is declared void, the performing Contractor shall be compensated for the cost of performance up to the time of such declaration. In no event shall the performing Contractor be entitled to lost profits.
Where the City, an official designated by the City, or an appeals board determines, after a hearing held following reasonable notice to all bidders/proposers, that there is probable cause to believe that a decision to award was based on fraud or corruption or on an act in violation of local, state, or federal law, the City may enjoin the award of the Contract to a particular bidder.
8. Decisions by the City
Upon receipt and evaluation of all relevant information, including any pertinent law or regulations, the Director of Transportation shall prepare a decision. The decision will contain four (4) parts:
I. SUMMARY – Briefly describes the protesting party, the solicitation involved, the issues(s) raised, and the decision.
II. BACKGROUND – Describes in more detail the history of the solicitation and the procurement events leading to the protest, the date the protest was received, and the process by which it was evaluated.
III. DISCUSSION – Identifies the issue or issues raised by the protestor, and the factors considered in reaching a decision, and the rationale for the decision.
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 53 IV. DETERMINATION – States the decision and any remedy or subsequent action, e.g., cancellation of the procurement resulting from it.
Ordinarily, each issue raised in the protest will be discussed separately in Parts III and IV.
Decisions shall be signed and issued by the Director of Transportation. The full decision shall be issued to the protestor, Caltrans, and the FTA. The Director of Transportation shall provide notice of the outcome of the protest to all parties to whom the Director provided notice of the protest. Where appropriate, transmittal may be electronic, followed by hard copy. The protest document, the decision, and all other documentation related to the decision shall be public record except as otherwise provided by City’s regulations and policies. Requesters other than the protester, Caltrans, and the FTA may seek the protest decision under applicable provisions of the California Freedom of Information Act.
Decisions of the Director of Transportation shall be the final and conclusive action of the City, except for such remedies as state or federal law or regulation may provide.
9. Protests Filed with Caltrans and/or FTA
The California Department of Transportation (Caltrans) and the FTA has developed an appeals process for reviewing protests of a recipient’s procurement decisions. Prospective protesters who qualify as an “interested party” under the FTA’s procedures should consult the protest procedures described in the current version of FTA Circular 4220.1, the Common Grant Rule, and other relevant regulations to assess their eligibility to appeal to the FTA, the appropriate time to appeal to the FTA, and whether their protest grounds are within the scope of FTA review.
The Director of Transportation is responsible for compliance with all provisions of FTA protest procedures where a protest involving a City acquisition is filed with FTA. The Director of Transportation shall utilize all available resources in responding to such protest and shall obtain the concurrence of Legal Counsel in all submissions to FTA.
If required by relevant FTA regulations, the Director of Transportation shall withhold the award pending resolution of a protest filed with the FTA unless the Director of Transportation determines that award is permitted under the FTA protest procedures.
A protest to Caltrans and/or the FTA does not toll the time limit for a protester to seek legal action.
10. Protest Record
The Project Manager shall establish a separate file in which a complete record of the protest shall be maintained. The file shall constitute a separate portion of the overall procurement file.
The procurement protest file shall include reasonable and adequate documentation of the protest and outcome of the protest. Protest file documentation should be proportional to the size and complexity of the protest.
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 54 The protest file should, at a minimum, include the following:
i. The protest, including supporting documentation
ii. Record of determination of protest timeliness
iii. Record of internal distribution of protest
iv. Record of notice to the FTA, if federal funds are involved v. Record of internal responses to protest
vi. Record of legal review
vii. Determination and findings, including supporting documentation viii. Protester response/appeal
ix. Result of appeal
x. Notice of cancellation of solicitation, if applicable
11. City Administration of Protests
i. The Director of Transportation, or an assigned Project Manager, shall conduct the administrative processing of protests filed with the City or with the FTA. Assigned administrators shall: (a) assure distribution of protest submissions and responses to appropriate City personnel; (b) coordinate staff evaluation of the protest; and (c) comply with the time limits stated herein and maintain all documents related to the protest.
ii. The Director of Transportation must request Legal Counsel to review and to give advice concerning any legal issue involved in protests. iii. Unless otherwise directed by the Director of Transportation, the Project Manager assigned to conduct the administrative processing of a protest shall be the only person authorized to discuss the administrative processing of the protest with persons outside the City. Any oral or written inquiry received within the City should be immediately referred to the Director of Transportation who will ensure the appropriate response.
iv. The Director of Transportation shall obtain concurrence from Legal Counsel prior to release of any documents concerning the protest to any person outside the City. v. The Director of Transportation shall be responsible for overseeing the decision process and for the content of the decision. The Director shall ensure that all relevant parties within the City have been involved in the decision-making process and shall, as circumstances require, obtain the concurrence of the City Manager or other City personnel in a decision prior to its issuance.
12. Notice of Protest Policy
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 55 Each solicitation above the small purchase threshold as defined herein shall contain, as part of the instructions to bidder/Offerors, the following notice:
City policy and procedure for the administrative resolution of protests is set forth in Part B, Section III (I) of the Procurement and Contract Administration Manual. The Procurement and Contract Administration Manual contains strict rules for filing a timely protest, for responding to a notice that a protest has been filed, and other procedural matters. The Project Manager will furnish a copy of this Section upon request. The City has, in this Section, defined matters which may be protested, the form of protest, and the time limits for submitting protests. Pursuant to Section 200.318(k) of Title 2, Code of Federal Regulations, protesters may raise with the California Department of Transportation (Caltrans) and/or FTA matters that are primarily a Federal concern. Only under extraordinary circumstances will FTA exercise its discretion to consider a federal matter prior to exhaustion of all administrative remedies with the City.
J. Contract Period
1. Rolling Stock and Replacement Parts
The period of Contract performance for rolling stock and replacement parts shall not exceed five (5) years, inclusive of options, extensions, or renewals, as defined in 49 U.S.C. § 5325(e) and C4220.1F. The five-year rules do not mean that delivery, acceptance, or even fabrication must be obtained within those timeframes; however, an exercise of option to acquire buses, rail, or replacement parts later than five (5) years after the date of the original Contract is prohibited.
2. Other than Rolling Stock
The length of all other Contracts (such as property, services, leases, construction, revenue, and so forth) are not encumbered by federal requirements restricting the maximum periods of performance; however, the duration of the other Contracts must be reasonable, and shall be based upon sound business judgment, including consideration of issues such as the nature of the item being purchased, the need to afford the Contractor a reasonable opportunity to recapture any start-up costs, the need to afford competing vendors the opportunity to do business with the City, and the relative benefit to the City of a longer or shorter Contract term.
All Contracts must specify a Contract period of performance, either in the form of delivery schedules for Contract deliverables such as commodities, or a specific end date for service Contracts.
K. Cost Principals
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Parts 200 and 1201) will be incorporated by reference in all Contracts where allowable costs must be determined for payment (e.g., all cost reimbursement Contracts), and for negotiating all fixed price Contracts and modifications where costs are estimated by the Contractor and then negotiated for purposes of establishing a Contract price.
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 56 L. Contract Clauses
To the greatest extent possible, City will employ appropriate standard Contract clauses for each type of procurement. Contract clauses are usually contained in a set of General Conditions, which are standard for all procurements of that type, and in a set of Special Provisions, which are customized to either add to, delete, or modify portions of the General Conditions. Each Contract shall include all federally mandated clauses, in accordance with Appendix II of 2 CFR 200, the matrix contained in C4220.1F, Appendix E, the FTA Master Agreement, in Appendix A to the FTA’s Best Practices Procurement and Lessons Learned Manual.
V. Full and Open Competition
A. Restrictions on Competition
All procurement transactions over $5,000 will be awarded competitively, without providing an unfair competitive advantage to any potential vendor. Some of the situations considered to be restrictive of competition include, but are not limited to:
1. Unreasonable requirements placed on firms in order for them to qualify to do business;
2. Unnecessary or excessive experience, excessive bonding, insurance, warranty, or similar requirements which affect an otherwise qualified firm’s ability to compete. Such requirements must also be established in a manner consistent with protection of the City’s interests;
3. Non-competitive pricing practices between firms or between affiliated companies;
4. Non-competitive awards to any person or firm on retainer Contracts;
5. Organizational conflicts of interest;
6. Specifying only a “brand name” product, without specifying that equivalent products will be accepted and providing salient characteristics or other descriptive information sufficient to allow bidders to identify and propose such equivalent products;
7. The use of specification requirements and evaluation criteria which unnecessarily favor an incumbent Contractor; and
8. Any arbitrary action in the procurement process.
In general, prequalification of suppliers is to be avoided, except in situations where the product or service involves an undefined market, or where market identification is necessary to effectively develop a marketable scope or specification.
B. Geographic Preferences
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 57 Procurement transactions utilizing Federal funds will be conducted in a manner that prohibits the use of in-state or local geographical preferences in the solicitation and evaluation of bid or proposals, except in those cases where applicable Federal statutes or regulations expressly mandate or permit geographic preference (i.e., Section 25019 of the Infrastructure Investment and Jobs Act of 2021, Pub.
L. 117-58). This requirement does not exempt Contractors from state or local licensing laws.
Geographic location may be a selection criterion in procurements for A&E services, provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the Contract.
VI. Procurement Planning
Project Managers should perform procurement planning and conduct market research for all procurements. The complexity, urgency, and dollar amount of the procurement should determine the extent of the planning required. The planning should integrate the efforts of all stakeholders responsible for the significant aspects of the procurement. The purpose of this planning is to ensure the Project Manager meets the needs in the most effective, economical, and timely manner.
A. Applicability
Procurement planning is required for every procurement action above the micro-purchase level. At a minimum, an independent cost estimate, budgeting, identification of potential vendors, and a date the product or services are needed is required. Procurement planning is a multi-departmental process involving, at a minimum, the initiating department, technology, safety, security, procurement, and finance. For purchases above the small purchase limit, other functions, such as risk management and the DBE, should be involved.
B. User Department Responsibilities
1. Procurement Background and Objectives
The planning process usually starts with the Transportation department identifying a need, and either identifying a funding source or initiating a budgeting process, including, if applicable, a grant application. The cost identified at this point tends to be an order of magnitude estimate. Items to be identified at this stage are as follows:
i. Statement of Need
a. Introduce the plan by a brief statement of need.
b. Summarize the technical and contractual history of the procurement. c. Discuss feasible procurement alternatives, the impact of prior procurements on those alternatives, and any related in-house efforts, including the feasibility of performing the Work internally.
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 58 ii. Applicable Conditions. State all significant conditions affecting the acquisition such as requirements for compatibility with existing or future systems and programs and any known cost, schedule, and capability or performance constraints. iii. Costs. Set forth the established cost goals for the acquisition and rationalsupporting them. At this time, the estimated cost will be a budget figure, not an “independent cost estimate (ICE).” The ICE would be developed after the final statement of work has been completed and approved.
iv. Capability or Performance. Specify the required capabilities or performance characteristics of the supplies or performance standards of the services being acquired and state how they are related to the need.
v. Delivery or Performance-Period Requirements. Describe the basis for establishing delivery or performance-period requirements. Explain and provide reasons for any urgency if it results in concurrency of development and production or constitutes justification for not providing for full and open competition.
vi. Trade-Offs. Discuss the expected consequences of Trade-offs among the various costs, capability or performance, and schedule goals.
vii. Risks. Discuss technical, cost, and schedule risks and describe what efforts are planned or underway to reduce risk and the consequences of failure to achieve goals. If concurrency of development and production is planned, discuss its effect on cost and schedule risks. viii. Industry Early Participation. If the user department elects to involve industry in the early planning stages of the procurement, make sure all interested parties are provided with an equal opportunity to participate. Some methods of early participation including using draft solicitations, pre-solicitation conferences and other means of stimulating industry involvement during design and development in recommending the most appropriate application and tailoring of the Contract requirements.
2. Plan of Action
Once the procurement background and objectives are identified, the user department should work with procurement to aid in creating a plan of action, to include the following:
i. Sources. Indicate the prospective sources of supplies or services that can meet the need. (A good market survey should provide you with this information.) ii. Competition. Describe how competition will be sought, promoted, and sustained throughout the course of the procurement. If full and open competition is not contemplated, cite the justification and who has the authority to approve the justification. Describe how competition will be sought, promoted, and sustained for spares and repair parts.
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 59 iii. Identify Key Logistic Milestones. Identify the key logistic milestones, such as technical data, delivery, schedule, and software technical codes. Identify any known barriers to full and open competition and the effect to overcome these barriers.
3. Project Manager Identification
Once funding is secured, the Transportation Department needs to identify a schedule, based on the initial date the product or service is required, and appoint a Project Manager.
C. Project Manager Responsibilities
1. Scope or Specification
The Project Manager will be responsible for preparing an appropriate scope or specification, submitting the procurement request, and entering a purchase requisition into the financial system.
2. Source-Selection Procedures
Determine the source selection procedures for the procurement; considerations should include the timing for submission and evaluation of proposals, and the relationship of evaluation factors to the attainment of the procurement objectives.
3. Procurement Considerations
Contract type selection, including options, or other special contracting methods, any special clauses, special solicitation provisions, or FTA directions received, and if sealed bidding or negotiation will be used.
4. Budget and Funding
Include any budget estimates, with explanations as to how they were derived and discuss the schedule for obtaining adequate funds, (i.e., FTA, state, local) and the time they are required.
5. Product or Service Description
The choice of product or service description type or specifications to be used in the procurement (i.e., Functional, Performance, or Design).
6. Management Information Required
Discuss, as appropriate, what management system will be used by the Project Manager to monitor the Contractor’s efforts.
7. Test and Evaluation
To the extent applicable, describe the test program of the Contractor and the Project Manager.
Describe the test program for each major phase of the system procurement (i.e., bus purchase and major construction Contracts).
8. Logistic Considerations
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 60 Describe the assumptions to determine Contractor or Project Manager support, both initially and over the life of the procurement, including consideration of the Contractor or Project Manager maintenance and servicing ability. Consider the reliability, maintainability, and quality assurance requirements, including any planned use of warranties. Describe the requirement for Contractor data and data rights, their estimated costs, and the use to be made of the data.
9. City-Furnished Property
Indicate any property to be furnished to Contractors, including material and facilities, and discuss any associated considerations, such as its availability or schedule for its acquisition.
10. City-Furnished Information
Discuss any City information, such as manuals, drawings, and test data, to be provided to prospective Offerors and Contractors. Indicate which information requires additional controls to monitor access and distribution.
11. Environmental and Energy Conservation Objectives
Discuss all applicable environmental and energy conservation objectives associated with the procurement. Discuss the applicability of an environmental assessment or environments impact statement, the proposed resolution of environmental issues, and any environmental related requirements to be included in solicitations and Contracts.
12. Contract Administration
Describe how the Contract will be administered. In Contracts for services, include how inspection and acceptance corresponding to the work statement’s performance criteria will be enforced.
13. Milestones for the Procurement Cycle
Address the following steps and any other appropriate areas. i. Procurement Plan Approval. The procurement plan is generally concurred by all personnel that contributed to the building of the plan before approval by the Director of Transportation or other appropriate approving official.
ii. Statement of Work. Discuss the statement of work preparation and the estimated date of its completion.
iii. Specifications. The specification preparations for major procurements are generally accomplished by a consultant Contractor. Discuss when this Contract has/will be awarded and the time for completion. Address how organizational conflict of interest issues will be handled.
iv. Data Requirements. Discuss the need for data and how it will be acquired.
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 61 v. Purchase Request. Indicate the date the purchase request package will be provided to the Finance Department. This package should include assurances that funds are/will be available when needed. Also, an independent cost estimate (ICE) should be included with the purchase request and must be submitted before bids or proposals are received. vi. Justification and Approval. If other than full and open competition procedures will be used, an appropriate City official must sign the justification. vii. Completion of the RFP/IFP. Indicate the number of workdays required to prepare the solicitation package after receipt of all necessary information. viii. Issuance of Public Notification. The Finance Department issues public announcements on the City’s website as far in advance as possible in its Upcoming Solicitations before the solicitation is released. The more interest City has in its requirements, the more beneficial it is. ix. Issuance of the Solicitation. The solicitation will establish the date when bids or proposals are due. Ensure sufficient time is allowed for bidders or Offerors to prepare their bid/proposal.
Allow thirty (30) to forty-five (45) days for most construction projects. A pre-bid/preproposal conference should be held for large, complex, or construction projects. Leave sufficient time between pre-bid/pre-proposal conferences to allow the industry to adjust their bids/proposals before the due date.
x. Beginning and Completion of Negotiations. Depending upon the number of responses to your RFP and the complexity of the negotiations, more than one (1) round of discussions may be required. After discussions are complete a due date for revised final proposals/BAFOs should be established. Take this into consideration when establishing milestones. xi. Contract Preparation, Review, and City Council Approval. Contract preparation, staff review, legal review, and City Council approval need to be addressed when establishing your milestones.
xii. Contract Award. Once the Contract has been approved, the Contractor must be given time to provide insurance documents, bonds, etc. before the Notice to Proceed can be issued. Some requirements may necessitate a substantial mobilization period which also needs to be considered when establishing a milestone chart.
xiii. Stakeholders Signatures and the Approval Authority. When the acquisition plan is completed, the Stakeholders should have their signatures on the acquisition plan along with that of the final approving authority including the date of their signature.
14. Independent Cost Estimate
The independent cost estimate (ICE) is the first step in determining cost/price reasonableness of a procurement and must be completed for every procurement action exceeding $10,000. The Project Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 62 Manager will be responsible for developing or obtaining an ICE of the project, based on the scope and specifications as written. The ICE may be completed inhouse or by an external estimator independent of any Offerors. The ICE must be independent of, and received prior to, any bids/proposals in response to the solicitation. The ICE must include detailed information as to its development and/or source, detailing how it was derived and the basis of the estimate, and must include supporting documentation of the detailed costs. The ICE must be maintained in the official solicitation file.
15. Submission to Procurement
The Project Manager should submit the completed procurement request form, with the required supporting documentation, to the Transportation department. The Director of Transportation will appoint an appropriate Project Manager for the procurement, based upon the required level of skill and expertise needed, and anticipated workloads.
D. Procurement Considerations
The Project Manager is to analyze each planned acquisition in order to identify and evaluate potential organizational conflicts of interest as early in the acquisition process as possible, and avoid, neutralize, or mitigate potential conflicts before Contract award. The Project Manager, with assistance from the Director of Transportation, will develop a procurement plan to guide the solicitation process. The elements of a procurement plan should include:
1. Procurement Type (IFB, RFP, RFQ, etc.), including completion of the Method of Procurement Decision Matrix;
2. Contract Pricing (Firm Fixed Price, Fixed Unit Price, Cost Plus Fixed Fee, etc.);
3. Any requirement for bonding or liquidated damages;
4. Key dates, considering the need date, any startup period involved, City schedules, resource availability, issue date, advertisement requirements, pre-bid/proposal conference (if applicable), deadline for questions, due date, and tentative award date;
5. Involvement by other City staff, including the risk management department and DBE functions, as well as specialized expertise in other areas that may be required;
6. For an RFP, identification of evaluation criteria and sub-criteria, relative weights, and potential evaluation panel members;
7. Any preliminary steps that must be taken before a solicitation is used, such as preparation of design drawings. If these involve resources outside City, a separate procurement action may be required for them;
8. Identification of potential markets and vendors, utilizing all available resources, including the internet;
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 63
9. Identification of the need for advertising in national or specialized trade media, including their advertising lead times and deadlines, to ensure timely publication; and
10. Identification of any special requirements for a successful procurement, such as an industry review.
E. Solicitation Document
The Project Manager should develop the solicitation document, based upon the procurement plan, and post the solicitation to the City web page as an upcoming procurement.
F. Disadvantaged Business Enterprise and Risk Management Input Upon receipt of the draft specification, the Project Manager will incorporate it into the base solicitation document and forward it to the designated Risk Management staff for determination of insurance requirements and to designated DBE Program staff for determination of a DBE goal. The draft should also be sent to the Director of Transportation for review. It may also be sent to other City staff as appropriate.
The Project Manager will share responses from the Risk Management and DBE with the Director of Transportation, and they should jointly review the insurance requirements and DBE goal for appropriateness and any potential impact on competition.
G. Final Review
When consensus is reached upon all elements of the solicitation, the procurement schedule and dates should be given a final review and revised if necessary. The availability of an appropriate conference space for pre-bid or pre-proposal meetings, and for public bid openings should be confirmed and the rooms reserved. The procurement plan may be updated to reflect any revisions that occurred during the planning process.
H. Vendor’s List
The Project Manager is responsible for maintaining a current vendor’s list of potential vendors, including those pre-identified, those requesting the solicitation package, and those accessing the solicitation on the City web page.
I. Solicitation Issuance and Distribution
The Project Manager shall ensure that the solicitation is put in final form, in PDF format, posted to the City’s web page, advertised in a timely fashion, and emailed (either the actual solicitation or a notice of its availability) to identified potential vendors. The Project Manager will transmit the solicitation package internally to the Director of Transportation and any other appropriate City staff.
J. Evaluation Panel
For an RFP, the Project Manager should notify Evaluation Panel members of their appointment and provide them with information regarding their responsibilities, the projected evaluation schedule, and Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 64 copies of the solicitation. Any amendments to the solicitation should be distributed internally to the same people.
K. Planning File Content
The procurement planning file shall include reasonable and adequate documentation of the procurement process. File documentation should be proportional to the size and complexity of the procurement. The procurement planning file should, at a minimum, include the following:
1. Procurement Request Form
2. Technical specification (Scope of Work)
3. Prospective vendors list
4. Independent Cost Estimate (if applicable)
5. Insurance requirements (if applicable)
6. DBE participation goal (if applicable
7. Other pre-solicitation correspondence
8. Determination of solicitation type
9. Industry survey/vendor contacts (if applicable)
10. Determination of pricing structure
11. Solicitation/award schedule
VII. Independent Cost Estimate
Independent Cost Estimates (ICEs) are the City’s best estimate of a contract’s potential costs and are an important tool throughout the process of planning and awarding contracts.
An ICE should be developed without bias and typically without contractor input, and when done correctly, it is directly tied to comprehensive market research. The ICE supports efforts to ensure that the cost of meeting the Cit’s requirements for the service being acquired is known. Format and contents of the ICE will vary in accordance with the complexity and value of the requirement. It is imperative to remember that the ICE is a procurement-sensitive document and should be handled as such.
The content of this Section will help explain the importance of the ICE and its purpose. It is not intended to cover every possible acquisition, but rather presents information regarding the minimum requirements for ICE documentation. It will also assist with understanding the elements of a cost estimate and the tools available for its development.
A. Background
The ICE is a cost estimate developed by a Project Manager, based on the requirements of the Scope of Work. An ICE is required for every new acquisition that exceeds $10,000.
The purpose of the ICE is to develop an assessment of the probably cost of services or goods being acquired and to help determine the reasonableness of an offeror’s proposed cost and the offeror’s understanding of the work. Further detail is required for cost-reimbursement type contracts. This should include a cost breakdown of all cost factors required for a contractor to complete the work, including an estimate of technical staff labor categories, hours, and rates; direct material and supplies; Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 65 subcontracting; consultant services; travel, indirect rates; and fee. Prior acquisition history or similar acquisitions should provide the basis for the preparation of an ICE, as well as the data provided by thorough market research.
B. Principles
The ICE is used during all phases of a program to include Life Cycle Cost and Total Operating Cost of a Services Acquisition project, as well as more limited estimates related to a subset of a current contract or even for a contract option period within an overall period of performance.
It is:
1. Developed by the Project Manager without contractor influence;
2. An aid in achieving best value and shared contract risk;
3. Based on market research;
4. An analysis of reasonable and required resources to perform the contract;
5. The projected, anticipated, or probable cost/price of a proposed acquisition; and
6. A benchmark for establishing cost/price analysis.
The ICE is used to:
1. Project and reserve funds for the procurement as part of the acquisition planning process;
2. Determine if assumptions in a cost proposal are based on the same or similar assumptions;
3. Assist in decisions related to project viability, structure, and resource requirements;
4. Conduct an Analysis of Alternatives;
5. Inform design trade-off decisions;
6. Conduct in-process reviews of projects; and
7. Satisfy public law and oversight requirements.
The ICE is prepared:
1. For all new services acquisition above $10,000;
2. Prior to Request for Proposal (RFP), Request for Quotation (RFQ), and Invitation for Bids (IFB) for new fixed-price contracts and cost-reimbursement contracts;
3. To cover the contract period of performance to include transition and multi-year periods;
4. When requested for some individual projects under an existing contract;
5. When requested by the City for any contract less than $10,000; and
6. When there is a change to the Scope of Work that impacts the contract cost.
The ICE is typically not required when:
1. Modifying a contract to exercise priced options or to provide incremental funding; or when;
2. Placing relatively small dollar task/delivery orders under an indefinite-delivery contract for fixed-price services or supplies.
The estimate submitted with the procurement request shall include a basis for the estimate using current validated data, whether at the price level or at the cost element level. The estimator must provide an adequate narrative validating the source or the basis of the information comprising the Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 66 estimate and ensuring the estimate is repeatable. Cost element or price values alone are not adequate without a basis to support the estimated values.
In the narrative of the ICE, the five primary questions to be answered are:
1. How was the estimate made?
2. What assumptions were made?
3. What information/tools were used?
4. Where was the information obtained from?
5. How did previous estimates compare with prices paid? Prior to being accepted, the ICE preparer should ensure that:
1. The ICE contains enough detail to assist the Project Manager in the evaluation of the reasonableness of offered prices during the Source Selection process, especially for relatively high-dollar-value, complex acquisitions;
2. The ICE provides sufficient narrative and analytical detail, to include reference material, to support its preparation; and
3. The ICE includes a certification that it was developed independently prior to seeking any formal proposals from contractors.
C. Application
1. Importance of a Quality ICE in Acquisitions
The ICE is the City’s estimate of the resources and projected cost of the resources a contractor will incur in the performance of a contract. A sufficiently detailed and accurate ICE establishes a realistic budget. During source selection, it aids the Project Manager in evaluating the reasonableness of offered prices. When appropriate, the Project Manager will document differences between the ICE and final contract award value in the contract file.
2. Time Phasing of Costs
In addition to looking at acquisition costs aggregated in various ways, the Project Manager must also be able to determine when these costs will be incurred. It is important to allocate the costs to the fiscal years when funds will be required.
3. Total Ownership Costs/Life Cycle Cost in Acquisitions As distinguished from the costs of an ICE for a particular contract requirement, Project Managers are encouraged to look at all the costs associated with an acquisition requirement.
Total Ownership Cost (TOC) in acquisitions is defined as the sum of financial resources needed to organize, train, support, sustain, manage, and operate the contract service requirement while meeting mission goals, policies, and standards of readiness, environmental compliance, safety, and quality of life concerns. Sometimes even what appears to be a simple acquisition may require Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 67 a level of organizational commitment, financial resources, labor, infrastructure, and other costs that are not reflected in the ICE. The TOC of an acquisition should be the same as its Life Cycle Cost (LCC), which includes all the elements, appropriations, and cost categories.
D. Performing an Independent Cost Estimate
An Independent Cost Estimate (ICE) must be completed before receipt of bids or proposals. The most common ICE methods are as follows:
1. Publicly Published Price Lists
Publicly published price lists are typically appropriate for goods. Price lists or catalogs are acceptable price sources for off-the-shelf items such as technology, and office supplies. Price lists are often available online or in printed advertisements. Prices posted on a store shelf are also acceptable.
2. Recently Invoiced Price
Recently invoiced pricing is typically appropriate for goods or services. If similar goods or services have been recently purchased, a recent invoice may help determine a fair and reasonable price.
Recently may vary, according to circumstances. For instance, technology procurements over six (6) months old are not sufficiently relevant to determine a current fair and reasonable price range.
3. Outreach/Market Survey
Outreach and market surveys are typically appropriate for goods or services. Other agencies may be contacted to determine a fair and reasonable price, so long as the agency is of similar size and the purchase or project is of similar scope.
E. Market Research
Robust market research facilitates the development of a sound ICE by:
1. Identifying potential vendors and published labor rates;
2. Scoping market supply and demand and associated cost impacts;
3. Identifying how other potential cost drivers such as certification standards, geographic, seasonality, and other factors impact direct and indirect costs; and
4. Evaluating previous buys for relevancy and currency.
The Market Research Report Guide for Improving the Tradecraft in the Acquisition of Services provides useful information on preparation, considerations, and methods as well as optional report templates for market research.
Sources of Information
• Historical cost information such as previous prices and quantities purchased as part of prior contracts, current or previous documents, and the previous ICE. It is Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 68 important to ensure that the information is relevant and recent and that the sources of information are for similar services;
• Commercial pricing sources, catalogs, and market surveys; • Comparable data for specific firms/industries;
• Project Manager;
• Requests for Information (RFIs);
• Industry Day; and
• General Services Administration (GSA).
It is important to note that not any one of the aforementioned sources of information will provide the Project Manager with everything that they need in order to develop a sound ICE; however, the Project Manager can get bits of information from each, as each has its own strengths and weaknesses.
F. Cost Estimation Methods
This section is not intended to address how it is done, but rather is a reference list for the developer of the ICE to recognize the terms and a quick reference guide.
An ICE can contain any combination of cost estimation methods and expert opinions. The four primary cost estimation methods used to develop cost estimates are:
1. Analogy (Top Down)
i. Estimates are based on historical data of a similar item/system. ii. Adjusts the known cost by adding or subtracting elements of material, time, and economic or inflationary changes, as necessary.
iii. Generally, less costly, and less time-consuming than other methods, but also generally less accurate.
iv. Example: In the past when landscaping at location “A” was purchased, it was $20,000 for 100,000 square feet; therefore, estimates are made based on similar acquisitions.
2. Parametric (Statistical)
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 69 i. Relies on statistical analysis to establish a relationship between a technical characteristic and the cost of the system.
ii. When there is a simple mathematical relationship between two (2) tasks/elements, it is known as “Factor” cost estimating. For example, initial setup is 10% of the operation and maintenance cost.
iii. Measurable base units may include person-hours, trips, moves, units, and square feet.
iv. Use in early planning stages of a contract service when specific tasks/elements are not yet known.
v. Example: Painting: 500 square feet x $15 per square foot = $7,500.
3. Engineering (Bottom Up)
i. Estimates are very detailed, separated into tasks/elements. ii. The costs of individual tasks and elements are estimated to the greatest level of specified detail.
iii. The task/element costs are then summarized or “rolled up” to higher levels. iv. Cost and accuracy influenced by the size and complexity of the tasks/elements.
v. Example: An enterprise-wide telephone system with switches, components, and handsets.
4. Actual Costs
i. Typically associated with tasks/elements in progress or material items when taking the actual cost of previous production lots.
ii. Adjusted for inflation, labor saving, production and technology changes, and other factors.
In the absence of one of the four primary cost estimates, the Project Manager may have to rely on the following cost estimation method:
Expert Opinion
• Relies on subject matter experts’ opinion of what something should cost.
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 70 • Typically used as a last-resort method
G. General Best Practices
1. Employ a team approach to include department members, finance, and other stakeholders as appropriate.
2. Understand the requirement.
3. Be sure to:
i. Engage early and often with other members of the project team. ii. Take it one piece at a time; Do not get overwhelmed! iii. Thoroughly document ICE methodologies, assumptions, sources, and calculations. iv. Ensure estimate reflects the period of performance, inflated properly for multi-year ICE’s.
v. Use multiple sources of market research – no just one. vi. Include the standard cost element (e.g., direct labor, overhead), but also tailor to meet specific needs.
vii. Ensure that the estimate is updated, as appropriate.
VII. Methods of Procurement
A. General Standards
Every competitive solicitation expected to exceed $5,000 shall adhere to the following standards:
1. The intent of advertising a solicitation is to make every reasonable effort to inform potential vendors of the business opportunity. Each such solicitation shall be published in local news media designed to reach the target vendor pool and shall be posted on the City’s website at least ten (10) days prior to the due date. If the size or nature of the solicitation suggests that there is an appropriate vendor pool outside the City’s service area, the solicitation shall be advertised in the appropriate regional, national, and trade media.
2. Where feasible, potential vendors should be identified before the solicitation is issued, drawing on prior solicitations for similar goods or services, experience of City personnel, and public sources such as trade journals, Contractor directories, and the internet. Such potential vendors should receive direct notification of the solicitation.
Part B – Procedure
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3. Every reasonable effort should be made to encourage the maximum number of responses.
Prequalification or other methods of restricting responses shall not ordinarily be used unless required for security or public safety reasons or by law. If vendors are to be prequalified for a specific procurement, the following requirements apply:
i. The qualification standards must be limited to those essential for the procurement; ii. Any prequalification list utilized is current;
iii. The prequalification process must include enough qualified sources to provide maximum full and open competition;
iv. Potential bidders or Offerors must be permitted to qualify during the solicitation period (from the issuance of the solicitation to its closing date); however, a particular solicitation need not be held open to accommodate a potential supplier that applies for approval before or during that solicitation, nor must prequalification evaluations of bidders, Offerors, or property presented for review during the solicitation period be expedited or shortened to conform to the solicitation period; and v. Any prequalification testing, or testing of potential approved equal products must consider the following:
a.The frequency of solicitations for an item; if an item is solicited on a regular basis, the testing may allow the provider to participate in future solicitations; if the solicitation is unique or rare, more consideration should be given the allowing completion of the testing process for that procurement; b.The length of time required to reasonably test the item to verify acceptability; and
c. The cost to City of conducting a testing process.
4. The solicitation document shall contain, at a minimum, the following:
i. Instructions on how the response is to be prepared and submitted; ii. The deadline for submittals and other key dates in the process (such as the date and time of a pre-bid or pre-proposal conference);
iii. The basis upon which an award will be made;
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 72 iv. A statement reserving to the City’s the right to reject any and all offers and the right to award to other than the offer containing the lowest price; v. A clear and comprehensive statement of the City’s needs and the technical requirements to be met by the successful Offeror;
vi. A set of terms and conditions intended to be used for any resulting Contract; and vii. Representations and certifications as required by law or regulation or deemed necessary by the City.
5. The solicitation period shall remain open for sufficient time to enable the preparation of quality submittals responsive to the City’s needs. The minimum solicitation period for competitive procurements will normally be thirty (30) days, except in cases of urgency when a shorter time may be specified. In the event of a re-solicitation, a shorter period may also be appropriate if the changes to the solicitation are not substantial. Whenever a period shorter than thirty (30) days is considered necessary, every effort will be made to contact prospective bidders or Offerors to ensure they can submit bids or proposals in the desired response time.
6. Responses to any questions from prospective sources, or any amendments to the solicitation, shall be distributed to all parties known to have received the solicitation, and posted on the City website. Should the amendment substantially change the terms of the solicitation, the period for receipt of offers shall be extended to allow Offerors to revise their submittals accordingly.
7. If a question concerning a potential organizational conflict of interest arises, the Project Manager shall consider the impact of the conflict upon free and open competition and consider methods of mitigating the conflict. For example, if a conflict exists as the result of knowledge obtained by the Contractor under previous Contracts, it may be possible to publish that knowledge to all potential vendors. The solicitation document should make it the affirmative duty of the conflicted firm to identify the conflict and propose mitigation measures, as early in the solicitation process as possible. Potential sanctions for a firm not notifying the Project Manager of a potential conflict should include the rejection of an offer or termination of a Contract if the conflict is discovered after award. A conflict involving a Contractor which has assisted in the preparation of a specification or scope of services cannot be mitigated, and the Contractor must be prohibited from participating in the procurement.
Any solicitation and resultant Contract whose scope includes the preparation of a design or specification for a follow-on procurement must include a notification to this effect.
8. After the receipt of responses to a solicitation, the Project Manager shall make a determination that:
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 73 i. The apparently successful offer is responsive (i.e., complies with all material elements of the solicitation);
ii. The Offeror is responsible (i.e., possesses the technical and financial resources to successfully perform the Contract, has a satisfactory record of past performance, compliance with public policy, and integrity); and
iii. The Offeror is not excluded on the U.S. Government’s System for Award Management (SAM) or otherwise barred from public contracting by the U.S. Government or the State of California. The Project Managershall also determine that the price(s) offered are fair and reasonable.
B. Micro-Purchases
Micro-purchases are those purchases up to, but not exceeding, $10,000. Purchases below that threshold may be made without obtaining competitive quotations but shall provide for competition whenever practicable. Award may be made if it is determined that the price is fair and reasonable (based on research, experience, purchase history, or other information and documents), and that there are no significant differences in quality or price among available vendors. Typically, micro-purchases involve items sold “off-the-shelf” to the general public or a specific market. Documentation for a non-competitive micro-purchase need only include a notation that the price is fair and reasonable and the reason for the determination. The determination of price reasonableness will be recorded on a preprinted checklist. The documentation includes a statement that the price paid for items are determined to be fair and reasonable, based on the following:
1. Adequate competition (two or more quotes received, and award made to lowest)
2. Current price lists or off-the-shelf pricing
3. Catalog price
4. Prices found reasonable on recent previous purchases
5. Advertisements
6. Similar items in a related industry
7. Independent price estimate (attach documentation)
8. Other (cite basis)
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 74 Micro-purchases are exempt from Buy America requirements. There should be equitable distribution among qualified suppliers (subject to price reasonableness), and requirements may not be split to avoid a competitive solicitation process. The Davis-Bacon Act (40 U.S.C. § 3141 et seq.) applies to construction micro-purchases in excess of $2,000.
C. Small Purchases
Small purchases are relatively simple and informal solicitations for services, supplies, or other property in which the aggregated dollar amount is more than $10,000 but does not exceed the small purchase limits established by City’s Procurement Policy and Procedures (currently $10,000), state law, and/or the Federal Simplified Acquisition Threshold, whichever is lowest. If small purchase procedures are used, written price or rate quotations must be solicited from an adequate number of qualified sources, ordinarily not less than four (4). The number of sources will depend upon the availability of qualified sources, but the objective should ordinarily be to provide for competition wherever practicable and that competition be sought to the maximum feasible degree. If fewer than four (4) quotes are received, the file should be documented as to the reasons. Both the solicitation and quotes should be written in either electronic or hard copy form. Generally, the Contract will be in the form of a purchase order, although the nature of the procurement (e.g., for services) may require additional terms and conditions. Small purchase construction Contracts over $2,000 in value are subject to the Davis-Bacon Act.
D. Competitive Sealed Bidding
1. Bids in excess of the small purchase limit are publicly solicited through a formal Invitation for Bids (IFB) with a fixed-price Contract (lump sum or unit price) being awarded to the lowestpriced responsive bid from a responsible bidder. A fixed-price Contract type does not preclude consideration of the use of price-varying provisions such as escalation or incentives/disincentives if suitable for the circumstances. The price reasonableness analysis shall consider whether bids are materially unbalanced.
2. Competitive sealed bidding is the preferred method of solicitation, and justification for any other method of procurement must be documented as part of the procurement record. This method is utilized when there is a complete, adequate, precise, and realistic description of the solicited items and award may be made on the basis of price and price-related factors alone, without discussions or negotiations with the responsive bidder, other than clarifications regarding issues of responsibility or matters not affecting price, schedule, or quality.
3. All bids will be publicly opened at the time and place prescribed in the IFB. Bidders will be afforded a suitable opportunity to examine all bids received after they are opened.
4. When specified in the bidding documents, factors such as discounts, transportation costs, value analysis, and life cycle costs must be considered in determining the low bid. Payment Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 75 discounts shall be requested or considered only when prior experience indicates that the City is able to avail itself of such discounts.
5. If the IFB includes pricing for any options or alternatives, the solicitation must define whether or not they will be considered in determining the low bid, and, in the event of multiple options, the basis for and order in which they will be accepted. In order to exercise Contract options after award, and also consider them as part of the original competitive process, pricing for the options must have been considered during the award of the base Contract.
6. Immediately following the receipt and opening of bids, the Project Manager will examine all bids timely received to determine if they are responsive. Responsivenessis determined at the time of bid opening and cannot involve any material or information received thereafter. A responsive bid is one that is timely received, complies with all requirements of the solicitation, and represents a clear and unequivocal offer to provide the good(s) or services specified at a stated price or prices. Exceptions to the specification or contractual terms, or ambiguous or conditional pricing, will render a bid non-responsive. However, if the terms of the solicitation permit, the Project Manager may waive minor informalities, defined as matters not affecting the price, schedule, or quality of the bid.
7. The Project Manager, in consultation with other departments involved in the procurement, will then determine if the lowest responsive bid was submitted by a responsible bidder. This evaluation considers whether the bidder has, in all aspects, the ability to successfully perform the Contract, including the necessary technical and financial resources; the prior experience and integrity; and capability of providing the specified insurance, bonding, and DBE participation. Price reasonableness is also evaluated in the process. The Project Manager will review Treasury Circular 560 to determine if the surety is acceptable and verify the quality rating and licensing of the insurance provider. The Project Manager will also obtain approval from City’s Risk Manager to ensure that the bidder’s insurance meets the insurance requirements identified in the IFB. The Project Manager will also review the most current version of the SAM published by the U.S. Government. If this evaluation raises concerns regarding the bidder’s capability in any of these areas, the bidder should be given a reasonable opportunity to show why it should not be found non-responsible, which may include a qualification hearing with the bidder. In the event a bidder is determined nonresponsible, it shall be notified, and the responsibility of the next-lowest responsive bidder evaluated.
8. In the event of a tie, where two (2) bidders are determined to be the lowest responsive and responsible bidders, and when the Contract can only be awarded to one (1) bidder, the Project Manager will perform a coin toss to determine the successful bidder. The coin toss will be witnessed by one (1) or more parties.
9. In the event that a single responsive bid is received from a responsible bidder, the City may negotiate with the bidder to ensure that a fair and reasonable price is obtained. If the Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 76 responsive bid from the lowest responsible bidder exceeds available funds, the City may negotiate with the apparent low bidder to obtain a Contract price within available funds, provided that the City has established, in writing, conditions and procedures for such negotiations prior to issuance of the IFB and summarized them therein. The City may not, as a part of the negotiation process, modify or alter the scope and specification defined in the IFB in a manner that might have attracted additional bidders if incorporated in the solicitation.
10. A bidder for a construction Contract may withdraw its bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake in the bid, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor, or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents, and materials used in the preparation of the bid sought to be withdrawn.
11. If a bid contains both clerical and judgment mistakes, a bidder may withdraw its bid from consideration if the bid price would have been substantially lower than the other bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor, or material made directly in the compilation of a bid that shall be clearly shown by objective evidence drawn from inspection of original work papers, documents, and materials used in the preparation of the bid sought to be withdrawn.
12. The bidder shall give notice in writing of its claim or right to withdraw its bid within two (2) business days after bid opening and shall submit original work papers with such notice.
13. Verification of the mistake(s) will be completed, and City will notify the bidder in writing within five (5) business days of its decision regarding the bidder’s request to withdraw its bid.
If City denies the withdrawal of a bid, the notice will state the reasons for its decision and award the Contract to such bidder at the bid price, provided such bidder is a responsible and responsive bidder.
14. Any or all bids may be rejected if there is a sound, documented business reason.
E. Two-Step Sealed Bidding
1. Two-step sealed bidding is a procurement method involving the submittal of unpriced technical proposals in the first step, and a sealed bid submittal in the second step. The twostep method is generally used when it is not practical to prepare a definitive purchase or Contract description that is suitable for award on price alone. The Two-Step process is appropriate when all of the following conditions exist:
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 77 i. Available specifications or purchase descriptions are not definite or complete or may be too restrictive without technical evaluation and any necessary discussion of the technical aspects of the requirement to ensure mutual understanding between each source and the City;
ii. Definite criteria exist for evaluating technical proposals; iii. More than one (1) technically qualified source is expected to be available, and more than one (1) technical solution is considered possible; iv. Sufficient time will be available for use of the two-step method; and v. A firm-fixed-price Contract or a fixed-price Contract with economic price adjustment will be used.
2. The first step requires Offerors to submit technical proposals for evaluation, generally under the procedures for competitively negotiated procurements. In addition to the normal requirements for an IFB, the solicitation requires that:
i. Unpriced technical offers are requested;
ii. The procurement is a two-step sealed bid procurement and that priced bids will be considered in the second step and only from those bidders whose unpriced technical offers are found to be acceptable in the first step;
iii. Criteria to be used in evaluating the unpriced technical offers; iv. Potential to conduct oral or written discussions regarding the technical offers, to the extent determined to be necessary;
v. Statement that bidders should submit proposals that are acceptable without additional explanation or information and that City may make a final determination regarding the acceptability of the proposals based solely on the basis of the proposals submitted and may proceed with the second step without requesting further information from bidders;
vi. Bidders may designate those portions of the technical offers which contain trade secrets or other proprietary data which are to remain confidential; and vii. The item being procured will be furnished generally in accordance with the bidder’s technical offer as found to be technically acceptable and will meet the requirements of the solicitation.
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 78
3. Any amendments issued prior to the receipt of the technical offers are completed as with a “normal” IFB; however, amendments issued following the receipt of the technical offers are issued only to those bidders who submitted technical offers.
4. Unpriced technical offers are not publicly opened, unless required by state or local law and are typically opened in front of two (2) or more authorized City employees as witnesses.
Offers will not be disclosed to unauthorized persons.
5. Proposals are evaluated for technical merit including, if appropriate, discussions with Offerors and requests for revised proposals. The objective of the process is to negotiate one (1) or more technical solutions acceptable to the City. As part of this process, the Project Manager will conduct a responsibility review of each Offeror and resolve any concerns in this area. At the end of this step, the providers of acceptable technical solutions will have been identified, and the proposed solutions negotiated to provide a definition of each which meets the requirements for a sealed-bid specification, although in this case, the specification for each will be different, reflecting the bidder’s technical approach. Any bidder whose technical proposal is determined to be unacceptable to City will be notified of that fact and will not be afforded the opportunity to submit supplemental information to amend its proposal.
6. Based upon the results of Step One, the technical specifications (minimum technical requirements) in Step Two may be revised; however, it may not conflict with the final unpriced proposals. Each Offeror whose technical proposal as negotiated has been found acceptable is invited to submit a sealed bid to provide the goods or services defined in its negotiated technical proposal. The award is based upon the lowest responsive price from a responsible Offeror.
F. Competitive Negotiation (Sealed Proposals)
1. The competitive The competitive negotiation procurement process is conducted through a formal Request for Proposals (RFP). This method of procurement is generally utilized when conditions are not appropriate for the use of sealed bids. This method may be used for acquisition of supplies or services only if the Project Manager determines, in advance, that competitive sealed bidding is not practicable and documents the file accordingly.
Architectural and Engineering and related services are procured through a variation of the RFP process, as described below.
2. The competitive negotiation method of procurement is appropriate when the Project Manager determines that the following conditions exist:
i. A complete, adequate, and realistic specification or purchase description is not available;
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 79 ii. Two (2) or more responsible Offerors are willing and able to compete effectively for the award;
iii. The selection of the successful Offeror requires consideration of factors other than price; and
iv. Discussions with Offerors are anticipated to be needed.
3. Either a fixed price or cost reimbursable type Contract may be awarded under this process.
4. Each RFP will include a description of the factors, other than price, by which proposals will be evaluated. Evaluation factors and sub-factors will be listed in order of their relative importance. For RFPs other than small purchases, technical and pricing proposals are to be submitted in separate volumes.
5. The Director of Transportation, in consultation with the Project Manager, will appoint a minimum of three (3) City employees who have knowledge of the procurement’s subject matter/technology to participate in the Technical Evaluation Panel (TEP). To the extent feasible, the panel members shall represent different departments within City, and shall not directly report to the same individual. The presence of individuals and their direct supervisor on the same panel is to be avoided to the greatest extent possible. Due to the confidential nature of the evaluation process, and in order to ensure that evaluations are conducted in a fair and impartial manner without bias, impropriety, or appearance of impropriety, no one other than City employees and/or Contractors hired by City will be permitted to serve on a TEP in any capacity. This prohibition against third-party TEP participation includes, but is not limited to City Council Members or political appointees, any person appointed to an outside public agency, and/or any person employed by or otherwise compensated directly or indirectly by an outside public agency.
6. Each panel member will be required to disclose any potential conflict of interest and may be excluded by the Director of Procurement on that basis. The evaluation process will be confidential, and each participant is required to sign a confidentiality agreement prior to distribution of the proposals. The Project Manager will chair the TEP but will not vote, except in the event of an unbreakable deadlock. The evaluation process is flexible, depending upon the complexity of the procurement, the number and quality of proposals, and the dollar values involved. The process described below is for a complex, high-value procurement with a substantial number of proposers, to be awarded on a “best value” basis.
7. The Project Manager will determine the method to be used to score technical proposals. The most common methods are adjectival ratings and numerical points. Adjectival ratings typically include “Substantially Exceeds Expectations,” “Exceeds Expectations,” “Acceptable,” “Marginal,” and “Unacceptable.” Numerical scores are typically from 5 to 1, with five (5) representing the highest possible rating. The evaluation criteria identified in the RFP are Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 80 evaluated and scored separately. Each score must be supported by a written narrative defining the strengths and weaknesses of that aspect of the proposal. Scoring is to be done on the basis of each individual proposal, and not on a comparative basis. TEP members will not have access to pricing proposals(except for small purchases), to ensure that the judgment is made solely on a technical basis. The initial evaluation and scoring should be completed independently, without discussion with other TEP members and prior to the first TEP meeting.
8. The TEP will review the technical evaluation factors and their relative importance as included in the RFP. In the event of any concerns, the RFP may be amended accordingly. Price will be assigned a weight as an evaluation factor and incorporated into the total evaluation scoring by the Project Manager. DBE participation will not be assigned a weight as an evaluation factor but will be considered as separate factors along with the weighted technical and price factors for award of the Contract.
9. The RFP shall advise proposers whether the award will be made on the basis of “best value” or “technically acceptable, lowest price.” When the Scope of Work or product specification is not precise and allows for a range of quality or performance characteristics in the proposals, the RFP will advise proposers that the award will be made on the basis of the best overall value, defined as the best combination of price and technical performance, not necessarily the lowest price or the highest technical rating. When the Scope of Work or product specification is sufficiently precise, award may be made to the technically acceptable proposal offering the lowest price.
10. The TEP will first evaluate technical proposals in accordance with the technical evaluation factors in the RFP and score the proposals in accordance with the scoring method chosen.
Scoring will include a description of the strengths and weaknesses of each proposal identified for each factor.
11. The TEP will meet and review the scoring, and prepare an initial report of the technical strengths, weaknesses, performance risks (if any), and ambiguities in the proposals, and identify any questions or clarifications desired from the proposers.
12. Concurrently with the technical evaluation, the Project Manager will evaluate the price proposals, with assistance from other City departments as appropriate, and prepare a spreadsheet of the prices for the items and services being procured, showing the comparative prices being proposed by line item if applicable.
13. At the end of the evaluation process, the TEP will re-score the proposals, using the same evaluation criteria, and scoring. Based upon the results of the scoring, the panel may:
i. Eliminate some of the remaining proposals and conduct further discussions with the rest;
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 81 ii. Determine that all firms are still in the competitive range but that additional discussions are necessary; or
iii. Determine that further discussions will not significantly affect the outcome of this procurement.
14. The TEP will, in consultation with the Project Manager, identify those proposers whose technical scores, in combination with the proposed price, gives them a reasonable chance of obtaining the award, eliminating those firms whose proposals are either technically deficient or unreasonably priced. These firms will be notified by the Project Manager that they are no longer under consideration. Any firm so rejected cannot be further considered for award. The number of remaining firms can vary depending upon the competitiveness of the proposals; while a group of three (3) to five (5) proposals is considered ideal, care should be taken not to eliminate any proposal otherwise qualified for the sake of an arbitrary number.
15. The remaining firms are considered to be in the “competitive range.” The TEP will determine the need and methods of further exploring the quality and pricing on the proposals. The intent of this process is to ensure that each firm’s proposal is revised to conform, to the greatest extent possible, to the needs of the City in the solicitation. These methods may include written questions and answers, and discussions either by telephone or in person. Site visits may also be conducted, if appropriate. Questions and discussions need not be identical for each proposer but should be geared to address the perceived weaknesses of each. In this process, however, care must be taken to avoid giving one proposer information from another proposal, which might give the proposer a competitive advantage.
16. If the procurement is based on “best value,” as part of this process, price negotiations may be conducted with firms in the competitive range. In negotiating prices, the Project Manager will lead the discussions, supported by members of the TEP as well as any other resources necessary. Price negotiations cannot be separated from revisions to the technical scope and proposals; as the discussion process refines the scope and each proposer’s approach, the price, and other elements such as schedule and DBE participation may be affected.
17. Because the object of negotiations is to reach an agreement, concessions and/or compromises may be appropriate. Concessions should not be treated as giveaways. These are points to be earned by both parties and relinquishment will be made after thorough consideration. It is particularly important that the negotiator takes stock of the strong and weak issues to be presented; and the important and irrelevant, and the major and minor points to concede. “Issues” as used herein, means to recognize how types, quantities, and costs of material, labor, overhead, and other factors were developed and to attempt to reconcile the proposal elements with the prospective Contract requirements.
18. The negotiator should recognize that concessions do not necessarily mean City’s or Contractor’s integrity, or intelligence, is being challenged. To the contrary, neither party’s Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 82 position is infallible. If possible, give the Contractor a way out (preferably your way). Here is where the total price approach will permit the Contractor to concede to a crucial point without loss of dignity.
19. If award is being considered without conducting negotiations, the Contract file must document that all costs and profit have been analyzed and the price is considered fair and reasonable.
20. When the TEP reaches a determination that further discussions are not likely to significantly affect the outcome of the procurement, the Project Manager will request each remaining proposer to submit a Best and Final Offer (BAFO), incorporating all revisions developed during the evaluation process. BAFOs may involve a complete resubmittal of both the technical and pricing proposals, suitably revised, or resubmittal of certain sections. When the intent is to incorporate the BAFO into the final Contract, a complete resubmittal should be required.
BAFOs must be submitted on an equal basis, giving each proposer the same amount of time to prepare, and with a common date and time for receipt. Failure to submit a BAFO by the time identified shall render a proposal non-responsive unless it is the only BAFO submitted.
21. Following receipt of the BAFOs, the TEP will conduct a final scoring and determine the firm to be recommended for award, ensuring that the BAFO is in all respects acceptable. In rare instances, the TEP may ask the Project Manager to request revisions to the BAFO. The TEP will prepare a final evaluation report that:
i. Describes the technical strengths, weaknesses, and risks (if any) of the proposals in accordance with the technical evaluation criteria;
ii. Evaluates the proposals’ estimated costs for reasonableness (for cost type Contracts); or prices offered (for fixed price Contracts), and
iii. Recommends the “best value” offer (that proposal which offers the best combination of technical merit/performance and pricing.).
22. The TEP will submit its report to the Project Manager, who shall either accept it or return it to the TEP whether it is considered inadequate or not in accordance with the processes and outcome of the solicitation.
23. For negotiated procurements awarded on a “technically acceptable, lowest price” basis, the technical evaluation only identifies those firms whose technical proposals, after discussions, meet the requirements of the solicitation. The award is made to the firm whose technically acceptable proposal is offered at the lowest price.
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 83
24. The Project Manager will prepare a summary of the solicitation process, including a record of the negotiation process. This document, together with a copy of all proposals and related documentation, is to be kept in the official Contract file.
G. Architectural and Engineering and Other Professional Services
1. City will use qualification-based competitive proposal procedures based on the Brooks Act, 40 U.S.C. Ch. 11, and 49 U.S.C. § 5325(b), when contracting for architectural and engineering (A&E) related services as defined in the Brooks Act and FTA C4220.1F, or its successor.
2. The Brooks Act requires that:
i. An Offeror's technical qualifications be evaluated;
ii. Price be excluded as an evaluation factor;
iii. A pricing proposal be requested from, and negotiations be conducted with, only the most technically qualified Offeror; and
iv. Failing agreement on price, the proposal must be rejected, and negotiations conducted with the next most qualified Offeror, until a Contract award can be made to the most qualified Offeror whose price is fair and reasonable; if the pool of qualified Offerors is exhausted without an agreement, the solicitation must be canceled.
3. The Brooks Act “qualifications-based” procurement method can only be used for the procurement of A&E services in relation to an intended construction project, which is defined to include program management, construction management, feasibility studies, preliminary engineering, design, architectural, engineering, surveying, mapping, and related services, where any amount of Federal funds is utilized. This method of procurement cannot be used to obtain other types of services even though a firm that provides A&E services is also a potential source to perform other types of services.
4. When no Federal funds are involved in funding a procurement for professional services the City will comply with the requirements of the State of California, which defines a process similar to the Brooks Act to be used for all professional service procurements.
H. Non-Competitive Procurements
VII. Non-competitive competitive, or sole source procurements are accomplished through solicitation and acceptance of a proposal from only one (1) source. A Contract amendment or change order that is not within the scope of the original Contract is considered a sole source procurement that must comply with this Section. Guidance as to what is “within the scope” Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 84 of a Contract may be found in the FTA BPPM, Section 5.1 – Contract Changes. “Tag-ons” are defined by the FTA as additions to the Scope of Work or deliverable items that were not included in the original Contract competition, and which must be treated as sole source additions to the Contract. Tag-ons are not to be treated as changes within the scope of the Contract. Notification of non-competitive procurements exceeding the small purchase threshold will be published on the City website.
VIII. Procurement by non-competitive proposals may be used when only one (1) source is practicably available, and the award of a Contract is infeasible under competitive small purchase procedures, sealed bids, or proposals and at least one of the circumstances identified in Section VI (D), Non-Competitive Proposals (Part A – Policy) applies.
IX. Receipt of a single responsive and responsible bid or proposal is not, by itself, conclusive evidence that competition was inadequate. The Project Manager must determine if there was a perception of competition which would affect the bid or proposal. Under these circumstances, award is not considered a sole source. The Project Manager, however, must investigate the reason no other bids or proposals were received; verify that the specification was not unduly restrictive, and that the solicitation cannot be modified in a manner that would result in greater competition; and document the file accordingly.
X. The Contract file must include a sole source justification, with a final determination signed by the Porterville City Council explaining the reasons for the award on a non-competitive basis.
This determination must include a full description of the circumstances, including documentation of efforts to obtain competition, where appropriate.
XI. The City may establish and maintain a listing of sole source items not requiring justification for each purchase, providing (i) that written verification is obtained from the supplier or other authoritative source not less frequently than annually; and (ii) such list is published in a manner readily available to industry suppliers not less frequently than annually, with an invitation for prospective suppliers of competing items to notify the City of their availability.
XII. For each sole source award above the small purchase limit, the City shall, pursuant to State of California law, issue a written notice stating that only one (1) source was determined to be practicably available, identifying that which is being procured, the Contractor selected, and the date on which the Contract was or will be awarded. This notice will be posted in a designated public area (City’s website) or may be published in a newspaper of general circulation on the day the public body awards or announces its decision to award the Contract, whichever occurs first. Public notice may also be published on the City’s central electronic procurement website and other appropriate websites.
XIII. Unless price reasonableness can be determined, a cost analysis must be performed for each sole source Contract award exceeding $10,000. Sole source solicitations for materials and equipment should contain a solicitation clause and a contractual requirement that the Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 85 Contractor certify that the prices offered are no higher than those charged other customers for items of similar quality and quantity.
I. Emergency Procurements
1. The Porterville City Council may authorize the award of Contracts or Contract modifications exceeding the threshold for approval in emergency situations.
2. The existence of an emergency condition creates an immediate need for supplies,services, or construction which cannot be met through normal procurement methods, and the lack of which would seriously threaten either the health or safety of any person, the preservation or protection of property, or the continuation of necessary City functions. For example:
i. When emergency action is required to prevent loss of life, damage to property, a threat to public safety or the environment, or the disruption of transit service or other essential functions of the City.
ii. Where an emergency has been declared by local, state, or national officials affecting the City’s service area, directly or indirectly, or a request for waiver of regulatory requirements has been entered on FTA’s Emergency Docket. iii. In cases where a delay in approving a Contract Modification will cause the City to incur substantial additional costs (by delaying a Contractor, for example) or potential liabilities.
3. In such cases, the individual identifying the emergency shall notify the City Manager and the City Council, with a copy to the Director of Transportation, as soon as possible. The Director of Transportation shall notify the City Manager whether there is any active Contract under which the Work might be performed, or whether the City has had previous satisfactory experience with one (1) or more Contractors capable of performing the Work. At the direction of the City Council, the Director of Transportation, in consultation with the Project Manager for the emergency, shall issue a Notice to Proceed to the appropriate Contractor on a not-toexceed price basis, and will solicit quotes, proposals, or bids to complete the Work at the earliest feasible time.
i. Public Notification. The Project Manager is not required to publicize the solicitation of a procurement made on an emergency basis.
ii. Source Selection Method. The procedure used will be selected to ensure that the required goods, service, or construction are procured in time to meet the emergency.
Any procurement conducted will provide for full and open competition. The Project Manager will attempt to solicit bids or proposals from as many potential Contractors as possible under the emergency condition.
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 86 iii. Request for Proposals. The Project Manager may use either a written or a verbal request to solicit proposals for an emergency procurement. Written requests will be clear and concise, and only contain the data and information necessary for providing a proposal.
iv. Negotiation Procedures. The Project Manager will comply with the applicable negotiation procedures contained herein.
v. Contract Requirements. The Project Manager will ensure that each emergency procurement Contract contains the required clauses and representations and certifications, in accordance with the requirements of these procedures. vi. Record of Procurement. The Project Manager will ensure that proper records of emergency procurements are maintained.
4. Any action under this Section will be supported by written documentation identifying the reasons for the action and the measures taken and will be subject to confirmation by the City Council. Wherever possible, at least two (2) bids will be solicited when emergencies preclude more extensive competition.
J. Options
1. An option is a unilateral right in a Contract by which, for a specified time, City may elect to purchase additional or alternative equipment, supplies, or services called for by the solicitation and/or Contract or may elect to extend the term of the Contract. The use of options must be limited to quantities of goods or services that are reasonably anticipated to be required by the City during the term of the Contract; options may not be included solely with the intent of assigning them to another entity in the future; however, Contracts may include a provision allowing assignment to other agencies in the event of a change in the City’s anticipated requirements, in accordance with FTA regulations and guidance.
2. The option quantities or periods must be defined in the solicitation; contained in the offer upon which a Contract is awarded; and evaluated as part of the initial award process (i.e., the options must be evaluated in combination with bid prices for the base quantity to determine the low bidder). When an option has not been evaluated to determine the low bidder for award of the Contract, exercise of the option will be considered a sole source procurement and must be justified as such.
3. The exercise of an option must be in accordance with the terms and conditions of the option as stated in the initial Contract, and an option may not be exercised unless it is determined and documented that the option price is better than prices available in the market or that the Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 87 option is the more advantageous offer at the time the option is exercised, cost and other factors considered.
4. If sequential options (e.g., a series of one-year extensions) exist, the failure to timely and properly exercise any option will void all subsequent options.
5. The City may not exercise an option in Contracts of other public agencies (“piggybacking”) unless it has determined that the option price is better than prices available in the market, or that when it intends to exercise the option, the option is more advantageous, in accordance with FTA regulations and guidance. This process requires the following to be maintained in the official Contract file:
i. A documented determination that the Contract prices remain fair and reasonable at the time the piggybacking takes place.
ii. A documented verification that the Contract containing the option was procured in accordance with all FTA requirements, including obtaining copies of the relevant documents from the procuring agency.
6. A separate Contract or purchase order should be entered into between the vendor and the City.
7. Where purchases are made from state or local purchasing schedules or Contracts which do not include all FTA requirements, the necessary Contract terms and representations and certifications may be added by agreement of the parties. Likewise, any Contract terms may be modified to reflect Virginia law or the City’s requirements. State of California requirements. However, the Contract may not be modified to substantively change the product or services being acquired.
K. Time and Material Contracts
A Time and Material Contract, or change order, is one in which a clear scope cannot be defined, due to unknown conditions or circumstances affecting the Work. Typically, this will involve an emergency situation. Since such Contracts provide no incentive for the Contractor to work efficiently or in a cost-effective manner, their use is restricted to situations in which no other type of Contract is suitable. Before entering into such a Contract, the Project Manager must prepare a written justification/documented determination that no other type of Contract is feasible. Such Contracts will specify a not-to-exceed ceiling price (a limitation of funding) that the Contractor will not exceed except at its own risk, to control cost liability. The Project Manager must also verify that the Contractor’s accounting system is adequate to properly segregate and bill costs. The Project Manager is required to provide thorough oversight to verify the amount of Work performed and materials used. The official Contract file must also include documented price negotiations, which is to formalize the negotiated price, by change order to the time and material Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 88 award. Every effort should be made to limit the scope of a Time and Materials Contract or change order until another type of Contract or change order can be established.
L. Cost Reimbursement Contracts
There are two (2) types of cost-reimbursement Contracts: Cost-Plus Fixed Fee and Cost-Plus Percentage of Costs. The second of these is prohibited by Federal regulation.
Prior to the use of a cost-type Contract, the Project Manager will make a determination that the Contractor’s accounting system is adequate to properly segregate and bill costs, and also adequate to allocate indirect costs in accordance with generally accepted accounting principles.
In no event should fixed indirect cost rates that are not subject to audit and adjustment be used in a cost-type Contract. Provisional indirect billing rates may be used but must be subject to later audit and adjustment.
1. A Cost-Plus Fixed Fee Contract provides that the Contractor will be reimbursed for its labor and material costs and for its direct expenses, plus a fixed fee for profit that is paid regardless of any overrun or underrun of the total costs established at time of Contract award. The intent is to provide the Contractor with an incentive to work as efficiently as possible in order that the fee will represent a higher percentage of its costs. This type of Contract may also provide for other types of fees as incentives for improved performance.
2. Cost Plus Percentage of Cost Contracts are structured with payment provisions based on the incurrence and payment of actual costs, such as direct labor, with a fixed markup on the actual costs incurred for profit, indirect costs, or both, and are prohibited by Federal statute and will not be used.
M. Construction Contracts for Publicly Funded Buildings All construction Contracts, defined as Contracts for building, altering, repairing, improving, or demolishing any structure, building, or highway, and any draining, dredging, excavation, grading, or similar work upon real property must be obtained by sealed bidding.
N. Design-Build
Design-build refers to a procurement for design and construction simultaneously with Contract award to a single Contractor, which may be a joint venture that will be responsible for both the project’s design and construction. Additional elements, such as financing or maintaining the project may also be included. Pursuant to FTA requirements, a design-build Contract will be procured in accordance with the procedures for design or construction, whichever has the greatest portion of the overall project value. Design build projects must also comply with State of California requirements.
O. Rolling Stock
1. Open Market
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 89 City may only issue solicitations for its current and reasonably expected rolling stock needs. Under no circumstances will City add quantities or options to party rolling stock Contracts solely for the purpose of permitting assignment to another party at a later date.
City may enter into a multi-year Contract to procure revenue rolling stock with a period of performance not exceeding five (5) years for bus procurements inclusive of options, extensions, or renewals. The option(s) must be exercised no later than five (5) years after the date of the original Contract.
2. State Cooperative Purchasing Contracts
Under Section 3019 of the FAST Act, City may purchase rolling stock and related equipment from a State cooperative procurement Contract. A “cooperative procurement Contract” means a Contract entered into between a state government or eligible nonprofit entities and one (1) or more vendors under which the vendors agree to provide an option to purchase rolling stock and related equipment to multiple participants. The Contract term for a cooperative procurement Contract may be for an initial term of not more than two (2) years and may include three (3) optional extensions of one (1) year each. The lead procurement agency or lead nonprofit entity in such a procurement may charge participants in the Contract no more than one percent (1%) of the total value of the Contract.
Under prior law, the FTA referred to these types of State Contracts as “State purchasing schedules” and, as such, were only available to California cities. Under the FAST Act, City may purchase rolling stock and related equipment from any State’s cooperative procurement Contract or schedule.
State cooperative purchasing Contracts or state schedules are subject to federal requirements, including, but not limited to, full and open competition, no geographic preferences, Buy America, and bus testing, and must include all FTA required clauses and certifications with its purchase orders issued under the State Contract. Pursuant to Section 3019 of the FAST Act, CITY may purchase from another State’s schedule.
3. Capital Lease
Federal funds may be used to lease instead of buying rolling stock, and leases are considered third-party Contracts. Notably, Buy America requirements apply to capital leases. The FAST Act made several changes to Federal transit law as it relates to capital leases; City must reach out to the FTA regional office for assistance if contemplating a capital lease of rolling stock.
4. Joint Procurement
A joint procurement does not permit non-parties to participate in the Contract except through the assignment of options. Joint procurements offer the advantage of obtaining goods and services that better meet the needs of each participating recipient than those goods and services likely to be available through an assignment of another recipient’s Contract rights.
Joint procurements must be tailored to the specific quantities that participants anticipate needing and may not inflate the maximum quantity of vehicles so that others may “piggyback” on the Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 90 Contract later. At a minimum, the maximum quantity available under the Contract should bear a reasonable relationship to City’s number of peak service vehicles.
The parties to a joint procurement can agree to share responsibility for different portions of the process, e.g., one party may prepare the technical specification, and another prepares and conducts the solicitation process. As stated in the FTA C4220.1F, “Participation in a joint procurement, however, does not relieve any participating recipient from the requirements and responsibilities it would have if it were procuring the property or services itself, and does not relinquish responsibility for the actions of other participants merely because the primary administrative responsibility for a particular action resides in an entity other than in itself. All elements of the procurement should be subject to the review and approval of all participants.
Each participant should have the right to take part in the evaluation and selection process.” Notwithstanding the single Contract award nature of a joint procurement, purchasers in a joint procurement may award individual Contracts for their needs as long as those Contracts reflect the terms and conditions in the joint procurement competitive solicitation and the proposal that was submitted by the winning Contractor. One approach that has been used for joint bus procurements is for the lead agency to award the basic Contract with pricing, specifications, terms, and conditions, etc., and then to have the participating agencies issue individual purchase orders against the basic Contract as funding becomes available to the agencies during the life of the Contract. The purchase orders would reflect the basic Contract unit prices and reference the basic Contract for other terms and conditions.
5. Exercise of Options
City may use its own Contract options with the following limitations:
i. Consistency with the Underlying Contract.
ii. Price.
iii. Awards Treated as Sole Source Procurements.
6. Acquisition Through Assigned Contract Rights/Piggybacking It may be useful to acquire Contract options through assignment by another recipient. This practice is commonly referred to as “piggybacking.” City may use the contractual rights through assignment after determining:
i. That the original Contract price remains fair and reasonable; ii. That the original Contract provisions comply with all applicable Federal requirements; and iii. That the assigning recipient originally procured quantities necessary for their needs (i.e., they did not procure unreasonably large quantities).
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 91 Prior to proceeding with the assignment, City must review the original Contract to ensure that the quantities the assigning recipient acquired, together with the quantities that City is seeking, does not exceed the amounts available under the assigning recipient’s Contract. It is not necessary for City to perform a second price analysis if one was performed for the original Contract; however, City must determine whether the Contract price or prices that were established under the original agreement are still fair and reasonable. Additionally, City is responsible for ensuring that the Contractor complies with FTA’s Buy America requirements for the assigned quantities.
7. Special Contract Provisions for Rolling Stock
City will comply with the requirements of FTA C4220.1F, Chapter IV, Section 2.e., Rolling Stock – Special Requirements when procuring rolling stock. Special requirementsinclude compliance with the following:
i. Accessibility
ii. Minimum useful life
iii. Spare ratios
iv. Air-pollution and fuel economy
v. Pre-award Review and Post Delivery Review, to ensure compliance with Buy America Act requirements
vi. Transit Vehicle Manufacturer Compliance with DBE requirements vii. Purchaser’s Requirements certifications
viii. Federal Motor Vehicle Safety Standards (FMVSS) certifications ix. On-Site Inspectors Report
P. Information Technology
IT refers to all items referenced in the aforementioned definition of Information Technology to include, but not limited to, the following:
1. Computers
2. Computer hardware and accessories
3. Software
4. Digital equipment/media
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 92
5. Telecommunications devices used to retrieve, store, digitize, or transmit information All IT procurements are to be requisitioned, approved, and maintained by the Technology Department. All procurements that contain any IT components must be reviewed by the Technology Department.
Q. Safety
The Risk Manager performs reviews of procurement specifications, design for facilities, equipment, or systems, which may affect the safety of employees and customers of the City system. The review is performed to assure the incorporation of all safety requirements, specifications, codes/standards and design reviews into Contract specifications and designs, and to access compliance with safety requirements through the testing and/or inspection of the facility, equipment, or systems. All procurements that contain safety or security related requirements must be reviewed by the Risk Manager or designee.
R. Security
Staff assigned to Security will perform security reviews of procurement specifications, design for facilities, equipment, or systems, which may affect the security of employees and customers of the City system. The review is performed to assure the incorporation of all necessary requirements, specifications, codes/standards, and design reviews into Contract specifications and designs, and to access compliance with requirements through the testing and/or inspection of the facility, equipment, or systems. All procurements that contain security related requirements must be reviewed by the respective Security Manager or designee.
VIII. Bonding Requirements
A. Construction
The City shall require bid, performance, and payment bonds in compliance with the following:
1. Requirements for construction-related procurements as defined in 2 CFR § 200.326 if federal funds are involved, or
2. California State Law if no federal funds are involved.
FTA requires, for all construction Contracts in excess of the federal Simplified Acquisition Threshold (currently $250,000), that the Contractor provide a bid bond equal to five percent (5%) of the bid amount; a performance bond for 100% of the Contract price; and a payment bond for 100% of the Contract price.
B. Non-Construction
For non-construction Contracts, bonding requirements are discouraged except where applicable law or regulation provides for such bonding, or the City determines that such a requirement is necessary as part of the overall risk management plan for a project. The types and amounts of bonds should be determined by agreement among the Project Manager and the Risk Manager. In making such a Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 93 determination, consideration should be given to the additional project costs to be expected, and the potential effect of limiting the vendor pool.
To the extent permitted by applicable law and regulation, the City may permit substitution of a letter of credit, cashier’s check, or other form of irrevocable security in lieu of a bond.
No bond may be required unless the requirement is specifically identified in the solicitation document.
A claimant who has a direct contractual relationship with a Contractor and has performed labor or furnished material in accordance with the Contract documents but has not been paid in full before ninety (90) days after performing the Work may bring an action on the payment bond to recover any amount due him for labor or material.
A claimant who has a direct contractual relationship with a Subcontractor but has no contractual relationship with the Contractor may bring an action on the Contractor’s payment bond only if he has given written notice to the Contractor within ninety (90) days from the day the claimant.
IX. Payment Provisions
A. Advance Payments
The use of FTA funds for payments in advance of the incurrence of costs by the Contractor is generally prohibited, without prior written approval from FTA. The FTA does permit advance payments from FTA funds for those purchases where advance payment is customary in the commercial marketplace such as public utility connections and services, subscriptions to publications, software licenses, construction mobilization costs and transportation, and rents. FTA approval of such advance payments is required when the amount exceeds $100,000. The City should not make advance payments using other funds (including local match funds) except where it is customary in the industry or there are sound business reasons (e.g., to enable a more cost-effective pricing structure) for doing so; in the latter case, the file shall be documented to fully justify the advance payment. In making this determination, consideration should be given to factors such as the additional cost of requiring a vendor to fund the purchase of costly equipment and materials for a custom-built piece of equipment, and the potential for restricting competition.
B. Progress Payments
Progress payments are to be made only for costs incurred and value received in the performance of the Contract. “Value received” requires that the City must obtain title or other adequate security interest in the items paid for in the progress payment, through a bill of sale, a documented security interest sufficient to establish ownership and exclude the items from any bankruptcy or other seizure of assets. In the case of studies or design Contracts, this requirement may be satisfied by receipt and acceptance of a preliminary or final document. A Contract involving progress payments must specify that all documents, designs, working papers and other materials for which a progress payment is made, complete or incomplete, become the property of CITY. Progress payments for construction Contracts may be made on a percentage of completion basis; however, this method may not be used for non-construction Contracts.
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 94 X. Liquidated Damages
A. Risk Management
The City shall determine whether to use, or not to use, a liquidated damages provision for a specific procurement, as part of an overall risk management program. The primary consideration in this determination is whether or not the City will incur a calculable economic loss should the Work not be timely completed.
B. Calculation
The amount of liquidated damages must be reasonably calculated to reflect anticipated economic damages that the City might suffer should the standards not be met or as the result of an inadequacy or delay in Contract performance. Such damages must be of a type that would not be readily calculated in advance of the solicitation, or which cannot be addressed by other reasonable risk management measures. In determining the amount of liquidated damages, consideration must be given to the potential cost impact on the procurement, and on the potential for limiting competition.
C. Measurement
Liquidated damages may be imposed for an entire Contract or for a readily identifiable milestone or deliverable, and the measurement period may be other than a day, where appropriate.
D. Solicitation Requirements
If it is determined that a liquidated damages provision will be included, the solicitation will identify, with specificity, the circumstances in which the liquidated damages will be imposed and the rate to be charged. The file shall document the derivation of the rate of assessment and ensure it is reasonable, proper, and not arbitrary or punitive.
E. Disposition of Recovered Amounts
All liquidated damages recovered under an FTA funded Contract will be credited to the project unless the FTA agrees otherwise. Liquidated damages on a non-FTA funded project may be applied as the City may determine it to be in its best interests.
XI. Receipt and Evaluation of Bids and Proposals
A. Sealed Bids
Sealed bids must be received prior to the exact time specified in the IFB. Late bids are not acceptable and should be returned to the bidder unopened. Prior to the time set for receipt of bids, the Project manager should check the mailroom and storeroom to ensure that no bids have been delivered there and should be at the place designated for receipt of bids (usually the building lobby), not less than five (5) minutes prior to the deadline. The envelope of each bid received should be stamped with the date and time of receipt, to verify timeliness. Bids shall be publicly opened, and the bid prices read.
Each bid should be recorded in writing, including the name of the bidder and the bid price. Bid opening results shall be maintained in the official solicitation/Contract file. Bids are public documents and Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 95 bidders have the right to examine the bids of other parties after the bid opening. This should be done in a controlled environment, and not in the place of bid opening.
B. Competitive Proposals
Proposals must be received prior to the exact time specified in the RFP, and the Project Manager should follow the same procedure as for sealed bids prior to the deadline for receipt. However, proposals are not publicly opened. A list of proposals shall be made, including the name of the proposer and the number of copies received. Proposals shall be maintained in the official solicitation file.
C. Responsiveness Review
Both bids and proposals are subject to requirements of responsiveness. This review is conducted by the Project Manager. Usually, the requirement of responsiveness for a bid is more complex than for a proposal. This is because a bid is “locked in” at the time of receipt, and proposals are subject to discussions and negotiations. As a result, many items required with a sealed bid need not be submitted with a proposal. Responsiveness looks at the submittal as of the time it was received, and an Offeror cannot later correct a deficiency. Any defect in an area of responsiveness requires the rejection of the bid or proposal. As a result, the Project Manager should ensure that only items essential to the award be specified as matters of responsibility. The submittal of product samples, for example, is usually better treated as a matter of responsibility. The most usual matters of responsiveness include timeliness of receipt, proper signatures for a commitment by the Offeror to provide the items solicited, required DBE submittals, and where required, bid bonds. Proper completion of the pricing form is a matter of responsiveness for sealed bids; any exception to the terms and conditions of an IFB renders a bid non-responsive.
D. Responsibility Review
A Contractor’s responsibility involves an evaluation of its ability to perform the specified Work, in all respects. This evaluation considers the following:
1. Technical Capacity. Have the necessary organization, experience, accounting and operational controls, and technical skills or the ability to obtain them in order to perform the project successfully within the allocated time. This evaluation looks at the Contractor’s staffing, management systems, equipment, and ability to accurately track costs and submit proper invoices. Possession of any required licenses should also be verified.
2. Financial Resources. Have the necessary capital to finance the Contract performance. This evaluation looks at the Contractor’s financial statements, banking relationships, and financial and credit history. Prior financial difficulties or even bankruptcies do not necessarily render a Contractor non-responsible, but to require a deeper look at its current financial situation.
3. Past Performance. A record of satisfactory performance on prior Contracts of a similar size and nature. References should be checked, and owners on Contracts not listed as references contacted if available. Any prior default or other failure to complete a Contract should be Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 96 investigated. Any prior material default of a previous Contract with CITY may result in the elimination of the Offeror from further consideration.
4. Integrity and Ethics. Compliance with applicable laws and regulations, including affirmative action and DBE requirements, and other public policies. Any debarment or suspension at the federal or state level should be investigated; CITY will not award a Contract to a firm currently debarred or suspended by the federal government or the State of California. The file for every procurement above $25,000 will include documentation that the awardee is not listed on the U.S. Government’s SAM as of a date not more than two (2) weeks prior to the award recommendation decision.
The responsibility review for an RFP is usually part of the proposal evaluation process. The review of a sealed bid usually requires involvement by other CITY functions, often including the Project Manager, Risk Management, DBE, and Finance. Responsibility must be determined affirmatively; if there is a reasonable doubt, the Contractor should be found non-responsible. Responsibility involves subjective judgment and the evaluation of past events; therefore, the Contractor should be afforded an opportunity to refute any potential non-responsibility issues or to explain corrective actions it has taken. The final determination of responsibility is made by the Project Manager
E. File Content
The solicitation (RFPs/IFBs) file will include reasonable and adequate documentation of the procurement. File documentation should be proportional to the size and complexity of the procurement. See the Procurement Checklist (Appendix B) for a listing of required file contents.
XII. Contract Cost and Price Analysis
A. Requirement
The City must perform a cost or price analysis in connection with every procurement action in excess of $10,000, including Contract modifications. The method and degree of analysis is dependent on the facts and circumstances of the procurement, but as a starting point, an Independent Cost Estimate must be developed prior to receiving bids or proposals.
B. Independent Cost Estimate
Any cost or price analysis must be based on an independent cost estimate, which should be developed before a solicitation is issued, but in no event after the receipt of bids or proposals. For Contract modifications, the independent estimate must be prepared without knowledge of the Contractor’s proposed pricing.
C. Cost Analysis
A cost analysis must be performed when the Offeror is required to submit the elements of the estimated cost (i.e., labor hours, overhead, materials, etc.). The FTA Pricing Guide for Grantees also Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 97 discusses the steps that must be taken to perform a cost analysis and provides guidance as to when to use the cost versus price analysis method.
1. A cost analysis will be necessary when adequate price competition is lacking, including sole source procurements, Contract modifications, and change orders, unless price reasonableness can be established on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or on the basis of prices set by law or regulation. Where change orders involve items for which unit prices are included in the Contract, a cost analysis is not required.
2. Profit is to be negotiated as a separate element of the price for each Contract in which there is no price competition and, in all cases, where a cost analysis is performed. To establish a fair and reasonable profit, consideration will be given to the complexity of the Work to be performed, the risk borne by the Contractor, the Contractor's investment, the amount of subcontracting, and industry profit rates in the surrounding geographical area for similar work.
3. Costs or prices based on estimated costs for Contracts will be allowable only to the extent that costs incurred, or cost estimates included in negotiated prices are consistent with Federal cost principles.
D. Price Analysis
The FTA Pricing Guide for FTA Grantees is a valuable tool for the performance of price analysis to determine the reasonableness and the realism of prices offered by vendors, Contractors, etc. The Guide describes six (6) price analysis techniques that may be utilized depending on the circumstances of the particular procurement. The accepted forms of price analysis techniques are described below.
1. Adequate Price Competition
In order to have adequate price competition, the following conditions must be present:
i. At least two (2) responsible Offerors respond to a solicitation; ii. Each Offeror is able to satisfy the requirements of the solicitation; iii. The Offerors independently contend for the Contract that is to be awarded to the responsive and responsible Offeror submitting the lowest evaluated price; and iv. Each Offeror must submit priced offers responsive to the express requirements of the solicitation.
If the four (4) conditions above are met, price competition is adequate unless one of the following is present:
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 98 i. The solicitation was made under conditions that unreasonably deny one or more known and qualified offers an opportunity to compete;
ii. The low competitor has such an advantage over other competitors that it is practically immune to the stimulus of competition; or The lowest final price is not reasonable, and this finding can be supported by facts.
2. Prices Set by Law or Regulation are Fair and Reasonable A copy of the rate schedules set by the applicable law or regulation should be acquired. Once these schedules are obtained, they must be verified that the schedules apply to the situation and that it reflects the correct price.
3. Established Catalog Prices
The idea behind catalog prices is that a commercial demand exists, and suppliers have been developed to meet that demand. The goal is to ensure that the City is getting at least the same price as other buyers in the market for these items and ensure that the catalog is not simply an internal pricing document. A copy of the document, or at least the page on which the price appears, should be requested. Established catalog prices require the following conditions to be present:
i. Established catalog prices exist.;
ii. The items are commercial in nature;
iii. They are sold in substantial quantities; and
iv. They are sold to the general public.
4. Established Market Prices
Established market prices are based on the same principle as catalog prices except there is no catalog. A market price is a current price established in the usual or ordinary course of business between buyers and sellers free to bargain. These prices must be verified by buyers and sellers who are independent of the Offeror. If the names of other commercial buyers and sellers are unknown, it may obtain this information from the Offeror.
5. Comparison to Previous Purchases
Changes in quantity, quality, delivery schedules, the economy, and inclusion of nonrecurring costs such as design, capital equipment, etc. can cause price variations. Each differing situation must be analyzed and ensured that the previous price was fair and reasonable. This determination will be based upon a physical review of the documentation contained in the previous files.
6. Comparison to a Valid Independent Cost Estimate
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 99 The facts, assumptions, and judgments used by the estimator must be verified. The estimator should provide the method and data used in developing the independent cost estimate. For example: Did prices come from current catalogs or industry standards? The Project Manager should feel comfortable with the estimate before relying on it as a basis for determining a price to be fair and reasonable.
7. Value Analysis
This method requires the Project Manager to look at the item and the function it performs so the worth can be determined. The decision of price reasonableness remains with the Project Manager; however, parties requiring value-added activity should be consulted for their expertise, and they should participate in making the decision.
XIII. Contract Approval Requirements
A. City Council Approval
All Contracts for goods or professional and non-professional services in excess of $5,000 must be approved by the City Council. The City may, where circumstances are appropriate, make such authorization in advance of a procurement, provided that a maximum dollar value is specified.
B. Other
Micro-purchases, up to $5,000, are generally awarded via system generated purchase orders, and shall be awarded in accordance with procurement policy and procedures. Departmental and budget approvals for micro-purchases are electronic through the financial software system. After completion of the system approvals, purchase orders shall be signed by the Buyer prior to issuance.
C. Execution
1. All Contracts, Contract modifications, and other documents binding or committing the City in relation to a contractual action (binding documents) shall be signed by the Contractor prior to execution by City, unless specifically approved by the City Council.
2. All Contracts, modifications, change orders, termination notices, claim settlements, and other binding documents relating to a Contract other than notices to proceed be signed by the Mayor, after such preliminary approvals as he or she may direct.
3. Signatures on all documents shall be manual, in ink.
XIV. Contract Award Announcements
Announcement of Contract awards will be made as stated in the solicitation. Awards utilizing Federal funds will be made in accordance with FTA requirements and award notifications will also be posted to City’s webpage.
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 100 XV. Sound and Complete Agreement
All Contracts require approval in accordance with Section XII, Contract Approval Requirements.
All Contracts will include provisions to define a sound and complete agreement, appropriate to the type and complexity of the project, as described in Part A, Section XIII, Sound and Complete Agreement. At a minimum, these include a well-defined statement of work or specification, delivery schedule, a defined Contract term, a clear statement of the price and payment terms, and all applicable clauses required by federal, state, or local laws and regulations. Contracts will not incorporate options, except to the extent that options for additional or alternative goods or services are incorporated in the Contract award, and clauses stating the City’s right to exercise options for additional terms, including any pricing or other definitions of each such option. Contracts will be prepared by the City staff, and reviewed and approved by City Council prior to issuance, ensuring that the standard terms and conditions applicable to the type of Contract and any other terms specified were incorporated as a result of a bid package or negotiated as part of an RFP process. City will not accept vendor Contract forms, except under unusual conditions and with the prior approval of the Director of Procurement.
XVI. Contract Provisions
All Contracts above the small purchase limit shall include all applicable clauses required by federal, state, or local laws and regulations. Such clauses shall include a disputes clause, and the right of the City to terminate the Contract for breach or default of the Contractor, and to terminate the Contract for the convenience of the City, without liability. Not all clauses apply to every Contract. The applicability of clauses depends on the size and type of Contract. Contracts or purchase orders should be tailored and only the clauses applicable to the specific procurement should be included. Including clauses not applicable to the procurement may restrict competition or result in higher Contract pricing than necessary. Contracts must include all applicable clauses.
XVII. Disadvantaged Business Enterprise
In accordance with the City’s Disadvantaged Business Enterprise Policy, and to the extent authorized by applicable federal laws, regulations, or requirements, DBE firms will have an opportunity to participate in awards of Contracts and Subcontracts. The DBE officer will be involved in the planning of solicitations over $25,000, in terms of both goal setting and outreach to the DBE community. The Project Manager will assist the DBE officer in identifying opportunities for DBE participation, and in potential DBE firms.
XVIII. Contract Administration Functions
The contract administration process is vital to the integrity of the procurement system, which requires that goods and services be provided, invoiced, and paid in the manner prescribed in the Contract.
Contract administration ensures that the Contractor performs in accordance with the terms, conditions, and specifications of the Contract. The Contract solicitation phase begins at planning and is concluded at award. The administration phase of the procurement process begins at the award and Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 101 is concluded at the completion of the warranty period for the equipment, goods, and services procured. The Project Manager maintains primary contractual responsibility, as part of the procurement function, with the assistance of the Director of Transportation, and as necessary, other departments. Based on the size and complexity of the Contract, routine meetings and correspondence between the Director of Transportation and the Project Manager is essential to the success of the project.
A. Contract Solicitation
Contract solicitation is the pre-award administration of the procurement action to ensure compliance with FTA guidelines and CITY procurement policy.
B. Solicitation File Documentation
The documentation contained in the solicitation file will be maintained by the Project Manager. The purpose is to record the pre-award actions taken and to document the decisions made, and the rationale for, matters which may arise from or result in controversy or dispute. The Transportation Department maintains the official solicitation file, including all official documents relating to the administration of the solicitation process, evaluation of bids and proposals, as well as appropriate internal documentation and analyses supporting the formal correspondence and official documents.
For the procurement of rolling stock, it will comply with 49 U.S.C. § 5325 (Contract Requirements), 49 U.S.C. § 5323(j) (Buy America Requirements), 49 U.S.C. § 5323(m) (Pre- Award and Post Delivery Requirements), 49 U.S.C. § 5318(e) (Bus Testing Requirements, 49 U.S.C. § 5323(u) (Limitation on Certain Rolling Stock Procurements), and their impending regulations.
C. Contract Administration
Contract administration is the post-award administration of the Contract to ensure compliance with the terms of the Contract by both the Contractor and the City.
D. Contract Administration File Documentation
The documentation contained in the Contract file will be maintained by, or on behalf of the Project Manager. The purpose is to record the post-award actions taken by the contracting parties in relation to the requirements of the Contract and to document the decisions made, and the rationale for, matters which may arise from or result in controversy or dispute.
Each department involved in the performance of a Contract will maintain departmental files relating to the Contract, reflecting its involvement with the administration of the Contract. For matters relating to Contract administration, the Transportation Department will maintain the official file including all official correspondence and documents relating to the administration of the Contract, as well as appropriate internal documentation supporting the formal correspondence and official documents.
Any Contract involving the expenditure of public funds will be subject to review/audit during and after performance to ensure that, at the very broadest level, the City and its funding agencies obtained appropriate value for funds expended. At the Contract administration level, the Contract file (standing Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 102 alone and without need of interpretation or augmentation by the Project Manager or others) must demonstrate that the City and the Contractor have complied with the terms of the Contract (i.e., bonds have been submitted, contractual issues requiring the approval of the Project Manager have been submitted and approved, requests for payment have been submitted, reviewed, approved, and processed, etc.), and that contractual and administrative issues in dispute have been addressed and settled in accordance with good administrative practice and sound business judgment. All files will be retained in accordance with the City’s Record Retention Policy. All files will be sent to for scanning and retention in the electronic archive system after the Contract has been signed. All documents, including e-mail correspondence relating to the procurement must be included in the file. As new records are created during the life of the Contract, they will be added to the scanned records.
E. Contract Administration File Contents
The Contract file will include reasonable and adequate documentation of administration of the Contract. The Contract file should tell the story of the Contract from award through completion of the warranty period. File documentation should be proportional to the size and complexity of the procurement. For all Contracts, the Project Manager will ensure that the Contract administration file includes all appropriate documentation.
F. Contract Administration Functions
Each type of Contract will have different Contract administration actions and the documentation required to support that administration will differ as well. Supply Contracts have different specific administrative actions then construction Contracts do, just as fixed price Contracts are administered differently than cost-reimbursement Contracts.
The Project Manager is designated during the planning phase of the procurement. The Contract Administrator is City’s contractual point of contact with the Contractor and is identified in the Contractor’s Notice of Award. The Buyer, City’s designated point of contact for small purchases, is designated in the body of the purchase order.
The Project Manager is assigned technical responsibility for completion of the Contract and is the Contractor’s point of contact on all technical matters. Project Managers must be cautioned to keep the Director of Transportation informed of any problems or potential problems regarding a Contract or purchase order, to ensure that action is be taken to correct problems before they become critical.
The Project Manager should provide copies to the Director of Transportation of technical administration files, and relevant correspondence during the performance of the Work.
Upon closeout of a Contract in excess of the small purchase limit, the Project Manager should conduct an evaluation of the Contractor’s performance. The evaluation should be reviewed with the Contractor and revised if appropriate. The final evaluation should be retained in the Contract file for future reference.
XIX. Contract Modifications (Change Orders)
A Contract modification, also called (especially in construction Contracts) a change order (CO), is broadly defined as any alteration which changes a Contract document after it has been executed by Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 103 the parties. It may or may not involve changes to the Contract price or schedule, although those are the two (2) most frequent elements of a CO; changes to the Contract terms, names of the parties, or the specification or scope of services requires a CO. There are two (2) general types of CO:
A. Changes within the general scope of the Contract; and B. Cardinal changes, which essentially add something to the Contract not in the contemplation of the parties at time of execution, or which changes the scope of the Contract so as to create a Contract, and performance requirements, significantly different than those originally agreed upon.
An example of the difference would be a Contract to build a garage: adding a window would be within the general scope of the Contract, while adding a house would not. A cardinal change can also be created by a series of incremental COs that have the cumulative effect of changing the scope beyond the original intent of the parties.
Prior to issuing a Contract modification, the Project Manager should document that the change is necessary, and that the modification as issued will attain City’s objectives. The Project Manager must verify the funding, through documentation, that an approved purchase requisition exists. If the proposed modification will affect the Contract’s insurance or DBE requirements, the change in requirements should be addressed in the request for change proposal. If the change includes steel, iron, manufactured products, or construction materials, a Buy America and Build America, Buy America Act certification is required.
Change orders may be initiated by either City or the Contractor. In either case, the formal process begins with a request by City for the Contractor to submit a proposal identifying both the scope and cost of the proposed change. The request should be detailed enough for the Contractor to submit a firm fixed price, or hourly rates on a not-to-exceed basis if the original Contract was on a reimbursablecost basis. If the proposed change will affect the Contract’s insurance requirements, the change should be addressed in the request for a change proposal. Occasionally in construction, the precise scope of the work cannot be reasonably determined until the work is undertaken; in those cases, the change order may be issued on the basis of payment for time and materials, including a markup for overhead and profit. This pricing formula, however, should be used only when absolutely necessary, and the scope should only extend to the point where a firm price can be established.
A Contract modification requires a cost or price analysis if expected to exceed $10,000. The method or degree of analysis is dependent on the facts surrounding the particular procurement action, but as a starting point, concurrently with the submittal of the change request to the Contractor, City is required to prepare an independent cost estimate. The independent cost estimate is to be completed by a designated independent party, with technical expertise. To the greatest extent possible, both the estimate and the Contractor’s pricing should be based upon unit prices previously established in the Contract.
The Contractor’s proposal should be reviewed and approved utilizing the same evaluation process as was used in determining Contractor responsiveness and responsibility in the original Contract award.
Responsiveness would address primarily whether the change proposal adequately addresses the Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 104 requested scope; responsibility issues would include price reasonableness (a cost or price analysis is required for every Contract action, including change orders), schedule impacts; impact on the DBE goal, and the qualifications of the personnel or subcontractors proposed to perform the Work.
If the change is outside the scope of the Contract, it is considered a sole source procurement, and must be justified as such. The Project Manager, in consultation with the Director of Transportation, must investigate whether other sources for the changed work are reasonably available, and document the file accordingly.
The same process should be followed for in-scope changes if the Contractor’s price cannot be determined to be fair and reasonable. Change orders are subject to negotiation, which should be undertaken jointly by the Project Manager and the Director of Transportation.
Contract modifications are subject to the approval standards set forth in the policies and procedures, including City Council approval.
In some instances, particularly during a construction project, following the above approval process may cause unreasonable and costly delays to the project. Under these circumstances, the Project Manager, upon authorization by the Director of Transportation, may direct the Contractor to proceed with the change, pending completion of the formal change order process. Such direction must be limited as to time and cost, and the formal change order quickly initiated and processed. No such direction, or any time and materials change order, shall be issued without a defined cap on the amount the Contractor may spend prior to the issuance of a formal change order. Additionally, any Work performed by the Contractor without the express direction of the City Council, is performed at the risk of the Contractor.
The Project Manager shall maintain a separate file for change orders as part of the procurement record, containing the documentation described in this Section.
XX. Contract Closeout
It is generally the responsibility of the Project Manager to establish that the Work under a Contract has been completed and the Contract is ready for closeout. The City Council isresponsible for ensuring completion of the Contract closeout process, prior to release of retainage and final payment, including completion of the closeout checklist.
When the Project Manager determines that the Work is complete, the Project Manager should notify the Director of Transportation by memorandum. The Director of Transportation should then issue the Contract Closeout Checklist to the Project Manager to begin the closeout process. The Project Manager should forward the completed checklist documenting that the Contract is complete, and all required deliverables have been inspected and accepted.
A. Contractor Performance Evaluation Report
The Project Manager, in conjunction with the Director of Transportation, should complete a Contractor Performance Evaluation, to document the Contractor’s performance for future source selection decisions. Input from the DBE officer, the risk management office, and end users of the product or service should be included in the report. The Contractor may be furnished with the report Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 105 and given an opportunity to submit comments, rebutting statements, or additional information. The Contractor’s comments should be retained in the report file.
B. Proof of Insurance Coverage
For all Contracts requiring the Contractor to maintain insurance for its products or services (e.g., professional liability or product liability insurance) beyond the end of the Contract term, the Project Manager should obtain proof of insurance from the Contractor as part of the closeout process. This documentation should be submitted to the Risk Management department for approval prior to the release of retainage and final payment to the Contractor.
C. Release of Bonds
When all Work is completed and accepted, and all subcontractors paid, City must release the Contractor’s bond surety from any further obligations on behalf of the Contractor. This is usually completed on a form called “Consent of Surety” provided by the surety, which must be reviewed by both the Project Manager and the City Council; if any questions arise regarding the appropriateness or wording of the release, legal counsel should be consulted.
D. Contractor’s General Release
The general release is important to obtain prior to final payment because it assures City that there will be no further claims from the Contractor once the final payment has been made. As part of the Contract closeout process, the Project Manager must send the Contractor a closeout letter that includes the Contractor’s “general release.” The release should say that for the payment of a sum certain, which is the final Contract amount agreed to by both parties, the Contractor releases the City from any and all claims of every kind arising directly or indirectly out of the Contract. The release should also contain a certification that the Contractor has paid its subcontractors and suppliers for all their labor, materials, services, etc. furnished under the Contract.
E. Warranty
The Contract specifications may require that individual warranties or guarantees be furnished for various installed equipment or systems. For each completed Contract requiring warranties, the Project Manager should ensure that the warranty is received prior to release of retainage and final payment. A register should be created in the Contract file, identifying:
1. Each individual item of equipment and system for which a warranty or guarantee is specified (roofing, doors, sealants, etc.);
2. The pertinent section in the Contract specification;
3. The name of the company providing the warranty;
4. The expiration date of the warranty; and
5. Contact information for the providing company.
Part B – Procedure
June 2024 PROCUREMENT AND CONTRACT ADMINISTRATION MANUAL 106 F. Close-Out Audits
In Contracts paid on a cost-plus basis, a close-out audit may be required to verify provisional overhead rates used for payments during the course of the Contract. In addition, City, its auditors, or the FTA may require an audit to verify the appropriateness of amounts paid to the Contractor.
Audits must be conducted by auditors who are independent from the third-party Contractor. City may have such audits conducted by its own personnel or may retain an independent accounting firm procured through a competitive process.
City may also requestthat a federal agency such as the Defense Contract Audit Agency (DCAA) conduct the audit; however, such audits are dependent upon the availability of staff time; however, the Federal Government maintains a continuing audit function at some Contractor locations, and these auditors are more likely to be available for such audits.
Requests for Federal audit assistance should be directed to the FTA. Any negotiations resulting from such audits must be documented in the Contract file and reported to the FTA.
Upon closeout of the Contract, all files will be sent to the Transportation Department for scanning and retention in the electronic archive system. All documents, including e-mail correspondence relating to the Contract, must be included in the file. Any new records created following Contract closeout (e.g., documents concerning warranty issues) will be added to the scanned records.
Item No. 15.
CITY COUNCIL AGENDA – JUNE 18, 2024
SUBJECT: Request for Approval of a 90-Day Zero-Fare Program for Public Transportation Services Transition
SOURCE: Public Works
COMMENT: Starting July 1, 2024, the City of Porterville will assume responsibility for the administration of its public transportation services. The purpose of this staff report is to request the Council's approval for implementing a 90-day zero-fare program for fixed route and ADA paratransit services, effective from July 1, 2024, to September 29, 2024. The administration of Porterville's public transportation services is undergoing a significant change and this program is designed to assist staff during this transition period. This process involves multiple logistical, operational, and administrative changes that require focused attention and resources from staff. During this transition, it is crucial to ensure a smooth and efficient restart of services to minimize disruptions for our residents.
Implementing a 90-day zero-fare program offers several benefits during this critical transition period:
1. Operational Focus: Allowing a zero-fare period will enable staff to concentrate on operational and administrative tasks without the added complexity of fare collection and management.
2. Customer Relations: A zero-fare period can help mitigate potential service disruptions, fostering goodwill and understanding among passengers during the transition.
3. Ridership Analysis: This period will provide an opportunity to collect data on ridership patterns without fare barriers, offering valuable insights for future service planning and improvements.
4. Public Awareness: Launching a zero-fare program can serve as a public relations tool to inform residents about the changes in public transportation services and encourage usage.
5. Access to Vital Services: A zero-fare transit system improves residents' access to vital community services, including food, medical appointments, and employment opportunities, thereby enhancing the overall quality of life for our residents.
6. Cost Efficiency: Eliminating fare collection can reduce costs related to fare Item No. 15.
management, including investment in technological hardware, staffing resources, and longer dwell time.
The financial impact of the proposed 90-day zero-fare program is estimated to be $100,000, based on current fare revenue data. The loss in revenue will be supplemented by Local Transportation Funds (LTF), ensuring that the program does not negatively impact the overall budget for public transportation services.
Implementing a zero-fare program for 90 days during the transition of public transportation services administration is a strategic approach to support staff, ensure operational efficiency, and maintain positive customer relations.
Additionally, it will improve residents' access to vital community services, thereby enhancing their quality of life.
RECOMMENDATION: That the City Council:
1. Approve the 90-day zero-fare program for fixed route and ADA paratransit services, effective July 1, 2024, and ending September 29, 2024;
2. Authorize staff to make necessary adjustments and
communicate the program details to the public; and
3. Direct staff to monitor the program's impact and provide a report to the City Council upon completion of the 90-day period.
ATTACHMENTS: 1. Public Communication Plan_90-Day Zero-Fare Program
2. Ridership Data Collection Plan_90-Day Zero-Fare Program Appropriated/Funded:
Review By:
Department Director:
Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
Public Communication Plan for the 90-Day Zero-Fare Program Objective: To effectively inform the residents of Porterville about the 90-day zero-fare program for fixed route and ADA paratransit services, which will run from July 1, 2024, to September 29, 2024, ensuring widespread awareness and encouraging maximum utilization.
Key Messages:
1. Program Announcement: Starting July 1, 2024, fixed route and ADA paratransit will be zero-fare for 90 days. The zero-fare program aims to assist in the transition of public transportation services administration, improve access to vital services, and enhance quality of life.
2. Benefits: No cost for riding public transit. Better access to community services, medical appointments, employment opportunities, and essential needs. Supports operational efficiency.
Target Audience: Porterville residents Local businesses Community organizations Media outlets Communication Channels:
1. Press Release: Issue a press release to local newspapers, TV stations, and online news platforms. Highlight the start and end dates, benefits, and scope of the program.
2. City Website and Social Media: Post detailed information on the official Porterville City website. Use social media platforms (Facebook, Twitter, Instagram) for regular updates, reminders, and engagement.
Create a dedicated hashtag (e.g., #PortervilleZeroFare) for easy tracking and interaction.
3. Flyers and Posters: Distribute flyers and posters in high-traffic areas, including transit stops, community centers, libraries, and local businesses. Ensure materials are available in multiple languages to reach non-English speaking residents.
4. Email Newsletters: Include information in the city’s email newsletter to subscribers. Partner with community organizations to include information in their newsletters.
5. Community Meetings and Events: Announce the program at city council meetings, community forums, and local events. Set up information booths at community events to distribute materials and answer questions.
6. Onboard Announcements: Use public address systems on buses to inform riders about the zero-fare program. Distribute informational brochures on buses.
Implementation Timeline: June 1 - June 15: Develop and approve communication materials. June 16 - June 30: Distribute materials and issue press releases. July 1 - September 29: Maintain regular updates and engagement through social media, onboard announcements, and community events. September 30 - October 15: Gather feedback and evaluate the program’s communication effectiveness.
Evaluation: Monitor engagement metrics on social media and the city website. Collect feedback from residents through surveys and community meetings. Analyze ridership data to assess the program's impact.
By implementing this comprehensive communication plan, we aim to ensure that all Porterville residents are well-informed about the 90-day zero-fare program and can take full advantage of the benefits it offers.
Ridership Data Collection Plan for the 90-Day Zero-Fare Program Objective: To collect and analyze ridership data during the 90-day zero-fare program from July 1, 2024, to September 29, 2024, to evaluate the program’s impact and inform future transportation planning.
Data Collection Methods:
1. Manual Counts: Deploy staff to conduct manual passenger counts at key transit stops and on buses and ADA paratransit vehicles. Schedule manual counts at different times and days to capture a representative sample.
2. Electronic Fare Collection System: Use data from electronic fare collection systems to track boardings, even if no fare is collected. Ensure the system logs entry times and locations for detailed analysis.
3. Surveys: Conduct onboard and online surveys to gather demographic information and travel patterns. Include questions on trip purpose, frequency of use, and satisfaction with services.
4. Mobile Application Data: Leverage data from any existing transit mobile apps to track trip origins, destinations, and travel times. Encourage riders to use the app for trip planning and feedback.
5. GPS and AVL Data: Use GPS and Automatic Vehicle Location (AVL) systems to monitor bus movements and passenger loads. Analyze data to identify peak usage times and high-demand routes.
Implementation Timeline: June 19 - June 30: Train staff for manual counting. Develop and distribute surveys. Finalize data collection protocols. Ensure all systems are ready for the program start. July 1 - September 29: Collect data using all methods. Conduct periodic checks to ensure data accuracy. September 30 - October 15: Compile and analyze data. Prepare a comprehensive report on ridership patterns and program impact.
Data Analysis: Compare ridership data with pre-program levels to assess changes. Analyze data by route, time of day, and passenger demographics. Identify trends and areas for service improvement.
Reporting: Submit a final report with detailed findings and recommendations by October 31, 2024.
Conclusion: This ridership data collection plan will provide valuable insights into the effectiveness of the zero-fare program and help guide future transportation policies and improvements.
Item No. 16.
CITY COUNCIL AGENDA – JUNE 18, 2024
SUBJECT: Authorization for Out-of-State Travel For FEMA Operations Section Chief Class SOURCE: Fire
COMMENT: The FEMA L-958 All-Hazard Operations Section Chief course is designed to enhance the capabilities of emergency responders by providing advanced training in managing operational aspects of all-hazard incidents. This training is crucial for maintaining the high standards of emergency response and management within the Fire Department. Battalion Chief Chris Pisani has been identified as an ideal candidate for this training due to his leadership role and experience in handling complex emergency situations. Attendance at this course will provide him with valuable skills and knowledge that will benefit our department's overall preparedness and operational efficiency.
Furthermore, the Porterville Fire Department participates in the local Tulare County Type 3 All Hazard Incident Management Team (AHIMT). The team is comprised of many local public safety agency personnel and is activated in large-scale incidents such as the recent floods, wildland fires in our mountain communities, and other disasters. It is a vital component in disaster management and recovery. The team has identified the need for qualified Operations Section Chiefs, and two (2) other local agency members will attend the class as well.
The FEMA L-958 course is an essential training opportunity that will strengthen the department's response capabilities. Battalion Chief Pisani's participation will provide him with enhanced skills and knowledge that he can share with other members of the department, thus improving our overall emergency response strategy.
High-level All-Hazard Incident Management classes can be challenging to find, and traveling out of state is not uncommon. Staff recommends sending Battalion Chief Chris Pisani to L-958 All Hazard Operations Section Chief hosted by the Nevada Division of Emergency Management in Carson City, Nevada, from June 25 to 28, 2024. The cost for the training, including travel expenses, is not to exceed $500. Funding is available in the Fire Department's annual budget.
RECOMMENDATION: That the City Council authorize out-of-state travel for Battalion Chief Chris Pisani to attend the FEMA L-958 All-Hazard
Operations Section Chief course in Carson City, Nevada, from June 25th to June 28th, 2024, with travel expenses not to exceed $500.
Item No. 16.
ATTACHMENTS:
Appropriated/Funded:
Review By:
Department Director:
Shannon Skiles, Deputy Fire Chief
Final Approver: Jason Ridenour, Deputy City Manager
Item No. 17.
CITY COUNCIL AGENDA – JUNE 18, 2024
SUBJECT: State Senate Bill 1205 Annual Fire Department Inspection Reporting SOURCE: Fire
COMMENT: California Senate Bill 1205 (SB 1205) was signed into law on September 27, 2018, after the fatal Ghost Ship Fire in December 2016 brought national attention to California and put a spotlight on fire safety laws as well as the performance of fire inspections. SB 1205 added Section 13146.4 to the California Health and Safety Code. This new law required that an annual report on specific state-mandated inspections be submitted to the governing body of each jurisdiction having authority for inspections. The law also requires the report to be delivered when the administering authority discusses its annual budget, or at another time, as determined by the administering authority.
Receipt of the report must be acknowledged in a resolution or similar formal document.
California Health and Safety Code Sections 13146.2 and 13146.3 require all fire departments that provide fire protection services to perform annual inspections of every building used as a hotel, motel, lodging house, apartment house, and public or private school, respectively, for compliance with building and fire safety standards. The California Health and Safety Code Sections 13146.2 and 13146.3 do not require fire departments to report or demonstrate compliance as the new law SB 1205 does. Although there are no penalties identified in the law, adoption of this Resolution establishes the City's compliance with California Health and Safety Code Sections 13146.4 for reporting and 13146.2 and 13146.3 for completing the required inspections, which identify the Statemandated inspections above and as further described.
Public and private schools are generally classified as Educational Group E occupancies, which are schools used by more than six individuals at any one time, for educational purposes through the 12th grade and certain child daycare facilities. Within the City of Porterville, during the 2023 calendar year, there were thirty-seven (37) identified Group E occupancies, with multiple buildings, structures, and facilities. During calendar year 2023, the Porterville Fire Department inspected thirty-seven (37) Group E occupancies, buildings, structures, and facilities. This represents a compliance rate of one hundred percent (100%) for the State mandate to inspect all Group E facilities annually.
Hotels, motels, and apartments (three units or more), are generally classified as Residential Group R occupancies. The residential facilities have various subclassifications and may contain residents or clients on a transient or nontransient basis that have a range of needs, such as custodial care, mobility Item No. 17.
impairments, cognitive disabilities, and more. The residents may also be nonambulatory or bedridden. Within the City of Porterville, during the 2023 calendar year, there were fifty-nine (59) Group R occupancies identified in the program. The Department continues to make adjustments within the program to ensure we have properly classified structures and their use. We have removed some that were misidentified, and continue to find and identify additional Group R occupancies in the city that are subsequently inspected and entered into the Department's records management system. The Department anticipates this number to fluctuate with a trend that will increase with annexations and new development coming online. During the 2023 calendar year the Department inspected fifty-five (55) Group R occupancies, including all buildings, structures, and facilities in the program. This is a compliance rate of ninety-three percent (93.22%) for the State mandate to inspect all hotels, motels, and apartments annually.
It should be noted that there are some outstanding inspections in these categories due to violation corrections that may have parts on backorder due to supply chain issues, or scheduling delays with contractors. Prevention staff is working with responsible parties to ensure these violations are cleared as soon as possible.
With the sudden onset of Covid-19 and the need to isolate Fire Department personnel from unnecessary exposure, and to realign the Department with the recommendations made through the Serious Accident Review Team (SART) report, the Department engine companies ceased conducting fire inspections.
This has resulted in the Fire Marshal working to implement inspections to meet State mandates as well as keep up with requests and complaints. To achieve a one hundred percent (100%) compliance rate for state-mandated occupancy inspections requires a focused and dedicated effort that leaves little capacity to inspect other occupancies. Currently, there are over 1,400 occupancies within the city that could be inspected. Of those, over 100 are State-mandated inspections (not all State-mandated inspections are required to be reported to the City Council). The Prevention Division will continue to evaluate the inspection needs to meet the requirements in Section 13146.5 of the California Health and Safety Code and to keep up with the demands due to growth of annexations and new construction as well as increased compliance and the ability to capture additional mandated occupancies.
The Fire Chief recommends that the City Council adopt the draft Resolution acknowledging receipt of the Porterville Fire Department's annual inspections report and recognizing the Department's level of compliance with California Health and Safety Code Sections 13146.2 and 13146.3. The first report, provided to the Council at its meeting on June, 20, 2022, was completed following the fiscal year model for FY 2021-2022, to coincide with the budget adoption process. This report, and future reports, will be provided at the time of the budget as referred to in the code. They will be based on the previous calendar year. As the Health and Safety Code allows, should the Council desire, they can provide direction for the annual report to continue to be presented at the budget time, or at another time of the Council's choosing.
Item No. 17.
RECOMMENDATION: That the City Council consider adoption of the draft Resolution acknowledging receipt of the Fire Chief’s annual report regarding the Porterville Fire Department's inspection of specific buildings and occupancies pursuant to Section 13146.2 and 13146.3 of the California Health and Safety Code.
ATTACHMENTS: 1. Senate Bill No. 1205
2. SB 1205 - 2023 Fire Inspections
3. SB1205 2024 Resolution
Appropriated/Funded:
Review By:
Department Director:
Shannon Skiles, Deputy Fire Chief
Final Approver: Jason Ridenour, Deputy City Manager
Senate Bill No. 1205
CHAPTER 854
An act to add Section 13146.4 to the Health and Safety Code, relating to fire protection.
[Approved by Governor September 27, 2018. Filed with
Secretary of State September 27, 2018.]
LEGISLATIVE COUNSEL'S DIGEST
SB 1205, Hill. Fire protection services: inspections: compliance reporting.
Existing law requires the chief of any city or county fire department or district providing fire protection services and his or her authorized representatives to inspect every building used as a public or private school within his or her jurisdiction, for the purpose of enforcing specified building standards, not less than once each year, as provided. Existing law requires every city or county fire department or district providing fire protection services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses, for compliance with building standards, as provided.
This bill would require every city or county fire department, city and county fire department, or district required to perform the above-described inspections to report annually to its administering authority, as defined, on the department's or district's compliance with the above-described inspection requirements, as provided. The bill would require the administering authority to acknowledge receipt of the report in a resolution or a similar formal document. To the extent this bill would expand the responsibility of a local agency, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates detennines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1. Section 13146.4 is added to the Health and Safety Code, to read:
13146.4. (a) Every city or county fire department, city and county fire department, or district required to perform an annual inspection pursuant 93 Ch. 854 -2-
to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3. (b) The report made pursuant to subdivision (a) shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority.
( c) The administering authority shall acknowledge receipt of the report made pursuant to subdivision (a) in a resolution or a similar fonnal document.
( d) For purposes of this section, "administering authority" means a city council, county board of supervisors, or district board, as the case may be.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 ( commencing with Section 17500) of Division 4 of Title 2 of the Government Code. 0 93
Porterville Fire Department
Inspection Type: All Inspection Types
Start Date: 01/01/2023 | End Date: 12/31/2023
Annual Reinspectio
n
Total
Count (All
Selected)
4 13 17
4 7 11
0 2 2
0 2 2
1 1 2
34 46 80
5 7 12
22 27 48
6 12 18
4 2 6
1 1 2
3 0 3
0 0 0
2 0 2
11 16 27
6 0 6
47 11 58
2 0 2
0 1 1
151 148 299
*State Mandated Occupancies required for annual reporting pursuant to SB1205 **Additional State Mandated Inspections (every 2 years) Category/Subcategory
Assembly Group A / A-2 Food and Drink
Assembly Group A / A-3 Worship and Recreation
Assembly Group A / A-5 Outdoor Sporting Events
Assembly Group A / Business Group B
Assembly Group A / S-2 Storage of Non-Combustible materials Business Group B / Business Group B
Educational Group E / Daycare with more than 5 children age 2.5 or older Group E Educational Group E / Elementary School
Educational Group E / High School
Educational Group E / Middle School
Imported / Imported
Storage Group S / S-1 Moderate-hazard (Car Garages)
Total
Institutional Group I / I-3 Jails / Detention Centers
Institutional Group I / I-2 Medical - Hospital and Nursing homes Mercantile Group M / Business Group B
Mercantile Group M / Mercantile Group M
Residential Group R / R-1 Hotels / Motels
Residential Group R / R-2 Apartments
Residential Group R / R-4 Assisted Living (more than 5 but less than 16 (excluding staff)