Competitive Bidding Procedures Manual

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CITY OF LINCOLN Competitive Bidding Procedures Manual

Table of Content
What is Competitive Bidding? When Competitive Bidding is Not Required When Competitive Bidding is Required Informal Bids Formal Bids Bidders List Goods or Equipment Purchase Requisition Request for Price Quote Services Request for Proposal Services Agreement Form Consultant Services Agreement Form Appendix Items Municipal Code Bidding Requirement Excerpts Ordinance 721B – Goods & Equipment Municipal Code Public Project Excerpts Ordinance 711B – Public Projects Sample Vendor List Application Sample Purchase Requisition Sample Request for Price Quote Sample Request for Proposal Sample Services Agreement Sample Consultant Services Agreement Memo from the City Manager Dated August 29,2003 1 2 2 2 3 4 4 4 4 5 5 6 6 7

CITY OF LINCOLN Competitive Bidding Procedures Manual
What is Competitive Bidding?
Competitive bidding is defined as “the formal or informal submission, or receipt, of verbal or written estimates of cost or proposals in terms of dollars, man days of work required, percentage of construction cost, or any other measure of compensation whereby the prospective client may compare services on a price basis prior to the time that one vendor has been selected for negotiations.” California Government Code Sections 54202 and 54203 address bidding procedures for the purchase of supplies and equipment as follows: 54202. Every local agency shall adopt policies and procedures, including bidding regulations, governing purchases of supplies and equipment by the local agency. Purchases of supplies and equipment by the local agency shall be in accordance with said duly adopted policies and in accordance with all provisions of law governing same. No policy, procedure, or regulation shall be adopted which is inconsistent or in conflict with statute. 54203. If the local agency is a city, a county, or a city and county, the policies provided for in Section 54202 shall be adopted by ordinance in the manner provided by law or by charter, as the case may be. Within the City of Lincoln, our Municipal Code states that competitive bidding applies to the purchase of goods, equipment and/or services with a value of two thousand five hundred dollars ($2,500) or greater. See appendix item Municipal Code Bidding Requirement Excerpts and appendix item Ordinance 721B – Goods & Equipment. Public Projects have different requirements. See appendix items Municipal Code Public Works Projects Excerpts and Ordinance 711B – Public Projects for specific requirements related to Public Projects within the Public Works Department and are governed by state statute (California Public Contract Code Section 20160 et sec.). All vendors shall adhere to the following conflict of interest statement which is incorporated in the Consultant Services Agreement and the Services Agreement forms: Vendor states that no City officer or employee, nor any business entity in which they have an interest: a) Has an interest in the contract awarded; b) Has been employed or retained to solicit or aid in the procuring of the resulting contract; c) Will be employed in the performance of such contract without immediate disclosure of such fact to the City.

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CITY OF LINCOLN Competitive Bidding Procedures Manual
When Competitive Bidding Is Not Required
Competitive bidding is not required when any one or more of the following criteria can be met as stated in Municipal Code Section 3.24.030 Competitive bidding required – Exception: Emergencies Sole Source – When a commodity or service can be obtained from only one vendor When the total amount involved is less than two thousand five hundred dollars ($2,500) Purchases from other public agencies When the City Council determines that it is in the best interest of the City to do so. Again, Public Projects have different requirements. See appendix items Municipal Code Public Works Projects Excerpts and Ordinance 711B – Public Projects.

When Competitive Bidding Is Required
Competitive bidding is required when the value of the goods, equipment and/or service for other than Public Projects, is equal to or greater than two thousand five hundred dollars ($2,500) and the exception criteria, stated above, do not apply. There are two methods for documenting competitive bids: informal and formal. Informal Bids For the purchase of goods, equipment or services equal to or greater than two thousand five hundred dollars ($2,500) but less than ten thousand dollars ($10,000) an informal procedure may be used to document the competitive bidding process. The Municipal Code states, in section 3.24.130(B) that “purchases shall, whenever possible, be based on at least three independent bids and shall be awarded to the lowest responsible bidder subject to the local option in Section 3.24.100, as determined by the purchasing officer.” Part B of this section states that “The purchasing officer may solicit bids by written requests, by telephone, advertising, by email, or by notice posted on a public bulletin board in City Hall or by any combination of these methods”. See also appendix items Municipal Code Public Works Projects Excerpts and Ordinance 711B – Public Projects for specific requirements related to “Public Projects” within the Public Works Department. If purchasing goods or equipment, a Purchase Requisition form must be used with the appropriate document attached. See appendix item Sample Purchase Requisition. Appropriate documentation can include, but is not limited to:

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CITY OF LINCOLN Competitive Bidding Procedures Manual
Web site quotes/printouts. Quotes over the telephone which include the name of the vendor, the contact, a phone number and costs including shipping, taxes, etc. This information may be directly entered on the Purchase Requisition Form. Quotes by fax. Newspaper advertisements. If only one vendor responds with a quote, you must follow up by telephone with at least two other vendors to document the reason for not receiving quotes. For the purchase of services, such as the installation of equipment or the production of studies or reports, attach informal quotes to either a Services Agreement Form, appendix item Sample Services Agreement, or a Consultant Services Agreement Form, appendix item Sample Consultant Services Agreement. For an explanation of the difference between these two forms see the section titled Request for Quotes or Proposals below. Informal bids are not required to go to the City Council for approval although there may be instances where the City Manager may want the Council to review and/or approve informal bids. Formal Bids Formal bid procedures must be followed for the purchase of goods, equipment or services equal to or greater than ten thousand dollars ($10,000), The Municipal Code states, in Section 3.24.060, that “Except as otherwise provided in this chapter, purchases of supplies and equipment of an estimated value of ten thousand dollars shall be by written contract with the lowest responsible bidder…”. The Municipal Code provides direction, beginning with Section 3.24.060, for formal bidding procedures as follows: Notice inviting bids – Bidders List Bid security Bid opening Bid rejection – Re-advertisement Award – Local preference Tie bids Performance bond Please note the requirements in the Municipal Code for publishing notices. The Municipal Code states in Section 3.24.060 (A)(2):

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CITY OF LINCOLN Competitive Bidding Procedures Manual
Notices inviting bids shall be published at least one in a newspaper of general circulation, printed and published in the county and circulated in the city. A notice shall also be posted on a bulletin board in City Hall. There are separate bidding requirements for Public Projects within the Public Works Department. See appendix items Municipal Code Public Works Projects Excerpts and Ordinance 711B – Public Projects. All formal bids must go to the City Council for approval. Bidders List Staff in the Central Services Division maintains bidder’s lists by category of vendor for all but Public Projects. A sample Vendor List Application is included as an appendix item. Public Project bidder’s lists are maintained by staff in the Public Works Department.

Goods or Equipment
Purchase Requisition If purchasing goods or equipment using informal bid procedures, use the purchase requisition form. A sample form is found in the Appendix as well as instructions for completing the form. Be sure to list all vendors from which informal quotes were obtained and to put an “X” in the SEL column indicating which vendor you will use for this purchase. Attach informal quote documentation and get the form signed by your department head. Submit the purchase requisition to the Purchasing Clerk in Central Services. The Purchasing Clerk will encumber the total amount of the purchase, including shipping and sales tax, and return the purchase requisition and a Purchase Order to you for your use in securing the necessary goods or equipment. Request for Price Quote If purchasing goods or equipment using formal bid procedures, use the Request for Price Quote. A sample form is found in the Appendix as well as instructions for completing the form. There may be more than one price quote from the City on the same day so be sure to specify the title of the price quote to avoid any confusion on the part of vendors. When an item is placed on the City Council agenda for approval to go to bid, any plans and specifications (for Public Works Capital Improvement Projects) should be given to the City Clerk for scanning into the document imaging system prior to the Council meeting date. A copy of the Memo from the City Manager, dated August 29, 2003, is found in the Appendix and speaks to this process.

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CITY OF LINCOLN Competitive Bidding Procedures Manual
When an item has been approved to go to bid, After the bid process has been completed and a vendor has been selected, Council approval must be obtained prior to encumbering funds for the purchase. Include the following items as part of your request for approval to Council: A list of all vendors to which the Request for Price Quote was sent A list of all vendors who responded along with quoted amounts A copy of the proposed winning quote If only one response, attach documented telephone contacts with other vendors to determine why they did not respond If there are exceptions to the formal bid process, provide justification as to why and provide a statement that approval had been obtained from the City Manager to do so Once approval has been obtained, submit the approved price quote to the Purchasing Clerk in Central Services. The Purchasing Clerk will encumber the total amount of the purchase, including shipping and sales tax, and return the purchase requisition and a Purchase Order to you for your use in securing the necessary goods or equipment.

Services
If purchasing services for $2,500 or greater but less than $10,000, informal bidding procedures may be used. A Services Agreement shall be completed (see below) and submitted to staff in the Central Services Division for processing. Staff will encumber the total amount of the Services Agreement and return copies to you for your records. Be sure to attach a list of all vendors from which informal quotes were obtained Request for Proposal If purchasing services using formal bid procedures, use the Request for Proposal (RFP) form. A sample form is found in the Appendix. Staff in the Central Services Division is available to provide assistance in its administration. As with the purchase of goods and equipment above, when an item is placed on the City Council agenda for approval to go to bid, the RFP form should be given to the City Clerk for scanning into the document imaging system prior to the Council meeting date. A copy of the notice inviting bids should be given to the City Clerk at this time for subsequent publication. Vendors shall have been given a minimum of 15 working days to respond to the RFP. If a mandatory pre-bid meeting is determined to be necessary as part of the bid process, the pre-bid meeting shall be held no sooner than 10 working days after the RFP has been distributed to the vendors. If additional mandatory pre-bid meetings are necessary, renotification shall be sent to all vendors on the original vendors list. The second pre-bid meeting shall be held no sooner than 10 working days after this additional meeting notice

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CITY OF LINCOLN Competitive Bidding Procedures Manual
is distributed. The 15 day response time, mentioned above, shall begin the first working day following the pre-bid meeting. Upon completion of the RFP process, be sure to obtain Council approval prior to encumbering funds for the purchase of services. Include the following items as part of your request for approval to Council: A list of all vendors to which the Request for Proposal was sent A list of all vendors who responded along with quoted amounts A copy of the proposed winning quote If only one response, attach documented telephone contacts with other vendors to determine why they did not respond If there are exceptions to the formal bid process, provide justification as to why and provide a statement that approval had been obtained from the City Manager to do so Once approval has been obtained, submit the approved Services Agreement or Consultant Services Agreement to the Purchasing Clerk in Central Services. The Purchasing Clerk will encumber the total amount of the bid and return copies to you for your records. Services Agreement Form The purpose of the Service Agreement form is to contract for ongoing as well as one time services. It is generally used for ongoing services throughout the fiscal year such as “Plan Check Services”. It may also be used for one time services such as “Replanting of Redwood trees at the 3MG water tank in Lincoln Hills”. A sample Services Agreement form is found in the appendix as well as instructions for its use. Consultant Services Agreement Form The purpose of the Consultant Services Agreement is to contract for one-time services where a well defined scope of work or services is necessary. An example would the provision of city-wide janitorial services. In the scope of services section of this agreement, the specific cleaning needs at City Hall, the Pavilion, Scout all, etc., are defined as is the frequency of cleaning services. A sample Consultant Services Agreement form is found in the appendix as well as instructions for its use.

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CITY OF LINCOLN Competitive Bidding Procedures Manual

APPENDIX ITEMS
All appendix items can be found on the LAN in the “SHARED” folder on the “Departments” drive. Within the SHARED folder go to the “03-04 FINANCE & ADMIN SVCS FORMS” folder. Within this folder go to the “Central Services Div Forms” folder. If you need assistance call the Purchasing Clerk in Central Services at 434-3741.

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CITY OF LINCOLN Competitive Bidding Procedures Manual

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CITY OF LINCOLN Competitive Bidding Procedures Manual
Municipal Code Bidding Requirement Excerpts
3.24.010 Purpose of provisions. The purpose of this chapter is to establish efficient procedures for the purchase of supplies and equipment by the city which will be assure the acquisition of supplies and equipment at the lowest cost commensurate with sound quality and in accordance with appropriate standards and specifications, to provide for positive financial control over purchases, to provide for competitive bidding, and to provide a uniform procedure and notice thereof to prospective suppliers. 3.24.050 Purchase orders. Purchase of a single supply or a single piece of equipment over two thousand five hundred dollars shall be made only by purchase orders. Except as provided in this chapter, no purchase order shall be issued without the prior approval of the purchasing officer or his designated representative. 3.24.060 Formal bidding-Notice inviting bids-Bidder’s list. Except as otherwise provided in this chapter, purchase of supplies and equipment of an estimated value of ten thousand dollars or more shall be by written contract with the lowest responsible bidder pursuant to the procedure prescribed as follows: A. Notice Inviting Bids 1. Notices inviting sealed bids shall include a general description of the article(s) to be purchased, shall state where bid forms and specifications may be obtained and the time and place for opening bids. The notice shall specify the amount and form of bidder’s security if required. The notice shall state that bids shall be submitted and contracts awarded pursuant to the provisions of this chapter and any resolution setting forth other applicable rules and regulations. 2. Notices inviting bids shall be published at least once in a newspaper of general circulation, printed and published in the county and circulated in the city. A notice shall also be posted on a bulletin board in City Hall. B. Bidder list. The purchasing officer shall also solicit sealed bids from all responsible suppliers known to the purchasing officer or who have made written requests by certified mail that their names be added to the bidders’ list maintained by the purchasing officer. 3.24.30 Competitive bidding required—Exception. Except as provided in this chapter, purchase of supplies and equipment shall be by competitive bidding pursuant to procedures established by this chapter and rules and regulations adopted pursuant to this chapter. Competitive bidding shall not be required in any of the following cases: A. Emergencies; B. When the commodity can be obtained from only one vendor; C. When the total amount involved is less than two thousand five hundred dollars; D. Purchases from other public agencies. E. When the City Council determines that it is in the best interest of the City to do so. Article I. Section 1.01 Less than $2,500 $2,500 but less than $10,000 $10,000 or More Limit Summary of Dollar Limits/Thresholds Requirement Purchase order not required; informal bids not required Purchase order required; informal bids required Formal bids required except as stated in 3.24.030 (exception)

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CITY OF LINCOLN Competitive Bidding Procedures Manual
Ordinance 721B – Goods & Equipment

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CITY OF LINCOLN Competitive Bidding Procedures Manual
Municipal Code Public Project Excerpts
3.26.010 Uniform Public Construction Cost Accounting Act. The City of Lincoln elects to be subject to the Uniform Public Construction Cost Accounting Act as set forth in Section 22000 et seq. of the Public Contract Code (“Act”), and the uniform construction cost accounting procedures as set forth in said Act. 3.26.030 Public Projects of $25,000 or Less. Public projects of $25,000 or less may be performed by the employees of the City by force account, by negotiated contract, or by purchase order. If the funds have been budgeted and approved by the City Council, the City Manager may award contracts for less than $25,000 and may delegate the authorization to award contracts for less than $10,000. 3.26.040 Public Projects of $50,000 or Less. Public projects of $50,000 or less may be let to contract by informal procedures as set forth in the Act and as follows: (a) A list of qualified contractors identified according to categories of work shall be developed and maintained in accordance with the Act and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission (“Commission”). (b) Notice inviting informal bids shall be mailed to all contractors on the list for the category of work being bid and to all construction trade journals as provided in Section 22036 of the Act; provided, however (i) if there is no list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting informal bids shall be sent only to the construction trade journals specified by the Commission, (ii) if the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting formal bids may be sent exclusively to such contractor or contractors; 3.26.050 Public Projects More than $50,000. Public projects more than $50,000 shall, except as otherwise provided in this Act, be let to contract by formal bidding procedure.

Article II.

Summary of Dollar Limits/Thresholds

Section 2.01

Limit

Requirement May be performed by City employees; bids not required Contract required; informal bid procedures to be followed Contract required; formal bids required

Less than $25,000 $25,000 but less than $50,000 $50,000 or More

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CITY OF LINCOLN Competitive Bidding Procedures Manual
Ordinance 711B – Public Projects

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CITY OF LINCOLN Competitive Bidding Procedures Manual
Sample Bidders List Application

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CITY OF LINCOLN Competitive Bidding Procedures Manual
Sample Purchase Requisition CITY OF LINCOLN PURCHASE REQUISITION
Date of Request: 10/02/02 Ship to address: 11 McBean Park Drive Dept. Head Approval:

Requested by (Name/Phone):

Chris Moreau/871-4305

QUOTATIONS
NO 1 X 2 3 4 If Sole Source or selecting a vendor who is not the low bidder, please explain: Example: Sole Source as they are the only vendor who builds product X. Account Code: 100-4030-50140-0000 248-4030-50140-0000 % % % % 75 25 Item(s) Cost $ Shipping $ Tax $ TOTAL $ 5552.00 15.00 402.52 5969.52 SEL VENDOR NAME/ADDRESS/PHONE Bob’s Radio Stuff 555 5th Street Lincoln, CA 95648 916-645-1111 Dogwood Stations 1212 Doggy Rd Stockton, CA 209-555-1212 Foo Fighter Communications 6565 Rocker Ln Sacramento, CA 916-555-8989 QTY 1 PRICE $5552.00 DESCRIPTION Two portable radio base stations for command post and Station 2 “ “ “ “ “ “

1 1

$5950.00 $6065.00

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CITY OF LINCOLN Competitive Bidding Procedures Manual
PURCHASE REQUISITION INSTRUCTIONS
The purpose of the Purchase Requisition is to request a Purchase Order to be generated with which to purchase goods or equipment. It is used by the Finance Division for encumbrance, and the subsequent posting of expenditures, in the financial management system.

Instructions
Date of Request: Enter the date the request was generated.
Ship To: Enter the name and address of the location to which you want the goods and/or equipment shipped. For example, goods ordered by Public Works for use by staff at the Corp Yard would have a ship to address of 11 McBean Park Drive. Goods or equipment for the Recreation staff would have a ship to address of 472 E Street.

Dept. Head Approval: Obtain the signature of the department head or his/her designee.

Requested by: Enter the name and the phone number extension of the person generating the request.
Quotations: If bids are required, enter the name and complete address of each vendor, in the VENDOR NAME/ADDRESS/PHONE column including a contact name and telephone/fax number. In the SEL column put a check mark or an “X” to identify which quote has been selected. Enter the number of items to be purchased in the QTY column and the cost per item in the PRICE column. Enter a brief description of the items to be purchased in the DESCRIPTION column. For example, “Two portable radio base stations for command post and Station 2”.

If this is a sole source request or if the selected vendor is not the lowest bidder, please enter the justification for your choice. See requirements below. Account Code: This is the budget and expenditure account code. The account code tells the Finance Division where to charge the expenditures for this service. An example would be: 740-6880-50400-0000. If the order needs to be charged to more than one account code, list the separate account codes along with the percentage of cost distribution to each. Item(s) Cost: Enter the total cost for the items to be purchased on the Item(s) Cost line. Enter the shipping or freight costs, if any, on the Shipping line. Enter the tax for the items

CITY OF LINCOLN Competitive Bidding Procedures Manual
on the Tax line. Add the Item(s) Cost, Shipping and Tax line items to determine the TOTAL $ amount to encumber.

Requirements for Approval
⌦ Department Head approval must be obtained prior to submitting the Purchase Requisition to the Purchasing Clerk for review and approval. ⌦ If the amount of this goods or equipment are less than $2,500, no bids or justification are required. ⌦ If the amount of the goods or equipment are $2,500 or more but less than $10,000, three informal bids are required to be attached to the requisition prior to processing by the Central Services Division (Municipal Code Section 3.24.130). ⌦ If the amount of the goods or equipment is $10,000 or more, the formal bid process must be followed. Use the Request for Price Quote form as found in the Appendix. ⌦ Sole source agreements of $2,500 or more may be considered with the proper justification. ⌦ All Purchase Requisitions shall be submitted to the Purchasing Clerk, Central Services Division, for review and approval. Upon approval, the Purchasing Clerk will generate a Purchase Order through the Purchase Order System within the financial management system. A copy of the purchase order and the completed Purchase Requisitions will be returned to the “Requested by” person for their files and for distribution, as necessary, to the contractor.

CITY OF LINCOLN Competitive Bidding Procedures Manual
Sample Request for Price Quote
City of Lincoln Finance and Administrative Services Dept 640 Fifth Street Lincoln, CA 95648 Phone: (916) 645-4070 Fax: (916) 645-9502 Email: [email protected]

THIS IS NOT AN ORDER REQUEST FOR PRICE QUOTE FAX QUOTE TO NUMBER INDICATED ABOVE
RELEASE DATE: TITLE: Copier – Fin & Admin Services August 1, 2003 PRICE QUOTATION NO. : 08012003 DUE DATE: Friday, August 22, 2003, Not Later Than 3:00 PM For additional information regarding this request, contact: Buyer Name: Email: Paul Holloway Telephone: 916- 645-5298 [email protected]
Type of Contract Award: Fixed Contract (Purchase Order)

This package includes the following documents: Request for Price Quote Specifications or Scope of Work Insurance Requirements Vendor shall complete the area below.

The undersigned offers and agrees, if this offer is accepted within 90 calendar days from the date of submittal, to furnish all of the items upon which prices are quoted, at the prices set forth in this quotation, delivered at the designated point(s) by the method of delivery and within the time specified herein and subject to the Terms and Conditions of this request for price quote. In the event of a contract award pursuant to this request, performance by the vendor of any or all of the services, or delivery or any or all of the products defined herein, shall constitute acceptance of all terms, conditions and requirements of the resulting agreement. NAME OF FIRM: ADDRESS: CITY/STATE/ZIP: By (signature): Contact Person: Telephone: NO BID: Fax: Email: ___________________________________________

Reason: ____________________________________________________

CITY OF LINCOLN Competitive Bidding Procedures Manual
REQUEST FOR PRICE QUOTATION GENERAL TERMS AND CONDITIONS
The following provisions are hereby made a part of this request. Any contract or order awarded as the result of this request shall be governed by these General Terms and Conditions. By signature in the space provided for vendor in these documents, vendor agrees to furnish the product(s) and/or service(s) pursuant to these conditions. 1. GENERAL. These provisions are standard for all City contracts. The City may delete or modify any of these standard provisions for a particular contract by indicating a change in the special instructions or provisions. Any vendor accepting a contract award as the result of this request agrees that the provisions included within this Request for Price Quote shall prevail over any conflicting provision within any standard form contract of the vendor. SUBMISSION OF PRICE QUOTES. Price Quotes may be submitted to the Purchasing Clerk, 640 Fifth Street, Lincoln, California, 95648 between the hours of 8:00 am and 5:00 pm, Monday through Friday (excluding City holidays), prior to the date and time specified in this request. Quotations submitted in person or by mail should be submitted in a sealed envelope which clearly identifies the Request for Price Quote number, commodity or service and submittal deadline. Quotes can be submitted on the forms provided by the City, via Microsoft Word document (as an e-mail attachment), or via fax. Quotes must be signed by an authorized employee. FAX or Email quotes are acceptable. AMENDMENTS TO THE REQUEST. Any amendment to this request is valid only if in writing and issued by the City. NO BID. Persons desiring not to submit a quotation should return the Acknowledgment marking it “No-Bid,” not later than the stated submittal deadline. NON-COLLUSION. The vendor certifies that his quotation is made without any previous understanding, agreement or connection with any person, firm or corporation submitting a quotation for the same requirement and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. CONFLICT OF INTEREST. Vendor states that no City officer or employee, nor any business entity in which they have an interest: a) Has an interest in the contract awarded; b) Has been employed or retained to solicit or aid in the procuring of the resulting contract; c) Will be employed in the performance of such contract without immediate disclosure of such fact to the City. AWARDS. The contract may be awarded to the lowest responsible and responsive vendor complying with the provisions of the Request for Price Quote. The following criteria may be considered by the City in selecting the most advantageous quotation: a) Ability to perform the service required within the specified time; b) Reputation, judgment and experience; c) The quality of performance in previous contracts; d) Previous compliance with laws, as well as employment practices; e) Financial ability to perform the contract; f) The quality, availability and adaptability of the supplies or the contractual services to the particular use required; g) Ability to provide maintenance and service; h) Whether the vendor is in arrears to the City, in debt on contract, is a defaulter on surety to the City or whether the vendor's taxes or assessments are delinquent; i) The resale value and life cycle costs of the items; j) Such other information as identified in the Purchasing Policy Manual having bearing on the decision. The City reserves the right to reject any and all quotations and to waive any informality in quotations

2.

3. 4. 5.

6.

7.

CITY OF LINCOLN Competitive Bidding Procedures Manual
received whenever it is in the interest of the City. The City may award contracts by line item, category, or on an all-or-none basis. 8. MERCHANTABILITY. There shall be an implied warranty of merchantability and fitness for an intended use. Any submittal taking exception to this requirement may, at the City’s option, be considered non-responsive. SAMPLES. Samples of items, when required, must be furnished free of expense to the City of Lincoln and if not destroyed by tests will, upon request, be returned at vendor’s expense. Samples of selected items may be retained for comparison.

9.

10. MANUFACTURER’S NAME AND APPROVED EQUIVALENTS. Unless otherwise specified, manufacturer’s names, trade names, brand names, information and/or catalog numbers listed in a specification are intended only to identify the quality level desired. They are not intended to limit competition. The vendor may offer any equivalent product which meets or exceeds the specifications. If quotations are based on equivalent products, the quotations must: 1) Indicate the alternate manufacturer’s name and catalog number; 2) Include complete descriptive literature and/or specifications; 3) Include proof that the proposed equivalent will meet the specifications. The City reserves the right to be the sole judge of what is equal and acceptable. If vendor fails to name a substitute, goods identical to the published standard must be furnished. 11. INDEMNIFICATION. Unless indemnification requirements are stated otherwise in this solicitation, said requirements shall be as follows: The Contractor hereby agrees to protect, defend, indemnify, and hold the City of Lincoln free and harmless from any and all losses, claims, liens, demands, and causes of action of every kind and character including, but not limited to the amounts of judgments, penalties, interest, court costs, legal fees, and all other expenses incurred by the City of Lincoln arising in favor of any party, including claims, liens, debts, personal injuries, death, or damages to property (including employees or property of the City) and without limitation by enumeration, all other claims or demands of every character occurring or any way incident to, in connection with or arising directly or indirectly out of, the contract or agreement. The Contractor agrees to investigate, handle, respond to, provide defense for, and defend any such claims, demand, or suit at the sole expense of the Contractor. Contractor also agrees to bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless, false, or fraudulent. This provision is not intended to create any cause of action in favor of any third party against Contractor or the City or to enlarge in any way the Contractor’s liability but is intended solely to provide for indemnification of the City of Lincoln from liability for damages or injuries to third persons or property arising from Contractor’s performance pursuant to this contract or agreement. 12. FORCE MAJEURE. If an emergency or natural disaster causes delay or interferes with the use or delivery of the products/services described in this request, deliveries may be suspended as long as needed to remove the cause or repair the damage. An emergency or natural disaster includes fire, flood, blizzard, strike, accident, consequences of foreign or domestic war, or any other cause beyond the control of the parties. The City reserves the right to acquire from other sources any products/services during any suspension of delivery. 13. TAXES. The City of Lincoln is exempt from Federal Excise Tax and an exemption certificate will be furnished upon request. The City of Lincoln is not exempt from California State sales tax. All applicable State sales taxes will be added to the purchase order. 14. DELIVERY. All prices must be FOB Destination, unloaded inside and assembled unless otherwise indicated. 15. FIXED CONTRACT QUANTITIES. Purchase order(s) for full quantities will be issued to the selected vendor after receipt of all required documents.

CITY OF LINCOLN Competitive Bidding Procedures Manual
16. OPEN-END CONTRACT (BLANKET PURCHASE ORDER). No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open-end contract. Estimated quantities, ratios or discounts from manufacturer’s list price may be used for comparison. The City reserves the right to: issue purchase orders as and when required, or, issue a blanket purchase order for individual agencies, multiple City agencies, or any combination of the preceding. No delivery shall be made without a written order by the City, unless otherwise specifically provided for in the contract. If in a subsequent year the vendor offers to supply his goods and service for the same price, or in the event the supplier is willing to negotiate to the satisfaction of the City of Lincoln any justifiable price increase prior to the succeeding year’s contract renewal and if the service provided by the supplier was to the satisfaction of the City, the City of Lincoln reserves the right to extend the period of the resulting contract on a year-to-year basis for up to two additional years. Alternatively, the solicitation may set forth specific renewal terms. Vendor certifies that prices charged to the City for non-listed commodities or non-fixed price items are equal to or less than those charged the vendor's most favored customer for comparable quantities under similar terms and conditions. 17. RIGHTS AND REMEDIES OF CITY FOR DEFAULT. If any item furnished by the vendor fails to conform to specifications, or to the sample submitted by the vendor, the City may reject it. Upon rejection, the vendor must promptly reclaim and remove such item without expense to the City, and shall immediately replace all such rejected items with others confirming to such specifications or samples. If the vendor fails to do so, the City has the right to purchase in the open market a corresponding quantity of any such items and to deduct from any monies due the vendor the difference between the price named in the contract or purchase order and the actual cost to the City. If the vendor fails to make prompt delivery of any item, the City has the right to purchase such item in the open market and to deduct from any monies due the vendor the difference between the price named in the contract or purchase order and the actual replacement cost to the City. If the vendor breaches the contract or purchase order, any loss or damage sustained by the City in procuring items which the vendor therein agreed to supply shall be borne and paid for by the vendor. The rights and remedies of the City identified above are in addition to any other rights and remedies provided by law or under the contract. In any legal proceeding brought to enforce the terms of the herein agreement, the prevailing party shall be entitled to an award of reasonable attorney’s fees and costs incurred as a result of enforcing the terms of this agreement. 18. INVOICES AND PAYMENT TERMS. Invoices are to be mailed to the City department specified on the resulting purchase order, blanket purchase order or contract. All invoices must include the purchase order number, blanket purchase order number, or contract number. Failure to comply will result in delayed payments. The payment term shall begin on the date the merchandise is inspected, delivered and accepted by the City, or on the date a correct invoice is received in the office specified in the order, whichever is later. Prompt payment discounts shall be considered earned if payment is postmarked or personally delivered within the prescribed term. For the purposes of this section, the beginning date described above shall be considered day zero for the purposes of counting days in the prescribed term. 19. LEGAL REQUIREMENTS. Federal, State, County and local ordinances, rules and regulations, and policies shall govern development, submittal and evaluation of quotations and disputes about quotations. Lack of knowledge by any vendor about applicable law is not a defense. 20. ASSIGNMENT. Any contract awarded shall not be assignable by the vendor without the express written approval of the City, and shall not become an asset in any bankruptcy, receivership or guardianship proceedings. 21. PATENT INFRINGEMENT. Vendor shall indemnify and hold harmless City, its agents and employees, against and from any and all actions, suits, liabilities, prosecutions, penalties, settlements, losses, damages, costs, charges, attorney’s fees, and all other expenses which may arise directly or indirectly from any claim that any of the products supplied by supplier infringes any patent, copyright, trade secret, or other property right.

CITY OF LINCOLN Competitive Bidding Procedures Manual
QUOTATION FORM (to be completed by vendor) 1.0 INTRODUCTION The City of Lincoln is soliciting quotations for ____________ . 2.0 INSURANCE REQUIREMENTS The successful firm shall be required to furnish a certificate of insurance demonstrating proof of coverage in the amounts specified in the attached Insurance Requirements 3.0 Item 1. 1. 1. FEE PROPOSAL Unit each each each Qty 10 10 10 Description Small Widgets Medium Widgets Large Widgets Unit Price __________ __________ __________ Subtotal 7.25% sales tax Freight Charge, if any Total 4.0 INVOICE TERMS: Extended Price $__________ $__________ $__________ $__________ $__________ $__________ $__________

Discount of _____ % for invoices paid within _____ days, or Net ______ 5.0 DELIVERY:

Delivery shall be FOB Destination to: City of Lincoln, Corp Yard, 11 McBean Park Drive, Lincoln

CITY OF LINCOLN Competitive Bidding Procedures Manual
Request for Price Quote Instructions
The purpose of the Request for Price Quote is to request competitive pricing on goods and/or equipment. It is ultimately used as documentation attached to the Purchase Requisition as used by Central Services Division staff.

Instructions
Release Date: Enter the date the request was generated (example: August 1, 2003). Price Quotation No.: The quotation number will be generated by Central Services Division staff and will be the same as the release date with the month, day and year (example: 08012003). Title: Enter the title of the request for quotation (example: Copier – Fin & Admin Services) Due Date: Enter the deadline (date and time) for the receipt of the quote by City staff (example: Friday, August 22, 2003). Buyer Name: Enter the name of the Central Services Division staff responsible for the quote (example: Laurie Randleman) Telephone: Enter the buyer’s telephone number (example: 916-645-5298) Email: Enter the buyer’s email (example: [email protected]) Documents: Central Services Division staff will attach the appropriate specifications to the Request for Price Quote. If there are any special insurance requirements for this request, the staff will attach the requirements along with the specifications. The type of contract that will result from this process is a fixed contract and purchase requisition which will be encumbered by generating a purchase order in the Springbrook financial software. Vendor’s Information Area: The vendor is to fill this section out and return to Central Services Division staff. If a vendor does not return this form, staff will contact the vendor to ascertain the reason for no bid.

CITY OF LINCOLN Competitive Bidding Procedures Manual
Requirements for Approval
⌦ If the amount of the goods or equipment are less than $2,500, no bids or justification are required. ⌦ If the amount of the goods or equipment are $2,500 or more but less than $10,000, three informal bids are required to be attached to a Purchase Requisition form prior to processing by the Central Services Division (Municipal Code Section 3.24.130). The Request for Price Quote format may be used to obtain quotes but is not necessary. ⌦ If the amount of the goods or equipment is $10,000 or more, the formal bid process must be followed. The use of the Request for Price Quote form is mandatory. ⌦ All Purchase Requisitions shall be submitted to the Central Services Division for review and approval. Upon approval, Central Services Division staff will generate a Purchase Order through the Purchase Order System within the financial management system. A copy of the purchase order and the completed Purchase Requisitions will be returned to the “Requested by” person for their files and for distribution, as necessary, to the contractor.

CITY OF LINCOLN Competitive Bidding Procedures Manual
Sample Request for Proposal 1.0
1.1

Introduction
Proposed Solicitation

The City of Lincoln, hereinafter referred to as the “City”, is soliciting proposals for [describe proposal] This will be a competitive negotiation process. Qualified firms, hereafter referred to as “vendors”, whom meet the requirements set forth in this Request for Proposal, and are capable of expanding to meet the City’s future needs, are encouraged to participate. 1.2 General Information about the City

The City is located in Placer County, California. It is the northernmost of the South Placer County communities. It lies between Interstate 80 and Marysville along State Route 65, in the California foothill region. The City was first incorporated in 1890 and has a current population of approximately 22,500. It has a five-member council and a City Manager. The five members of the City Council are elected at-large. They serve staggered four-year terms, with the Mayor being rotated annually among the Councilmembers. The Council meets on the second and fourth Tuesday of each month. The City is organized into six departments. Key personnel are listed in Appendix A and an organizational chart is attached in Appendix B. The vendor’s principal contact with the City will be [name of staff person], or a designated representative, who will coordinate assistance to be provided by the City to the vendor. City Hall is located at 640 Fifth Street, Lincoln, California 95648. The main telephone number is (916) 645-3314. The fax number is (916) 645-[your fax].

2.
2.1

Instructions
Purpose

The purpose of this Request for Proposal (RFP) is to provide interested vendors with the necessary information for preparing proposals for [name of project or RFP]. [Describe 2.2 Proposed Submission

Each proposal shall be submitted in the specified format and may be delivered via US Mail, in person, or express courier to the attention of the City Clerk. Two (2) copies of the proposal, in addition to the original, shall be submitted using the vendor proposal

CITY OF LINCOLN Competitive Bidding Procedures Manual
format specified in Section 4, Vendor Proposal Format. Proposals shall be received by the City Clerk no later than 4:00 PM, September 20, 2002. Submissions after this deadline will not be accepted. Proposals will not be accepted by facsimile. Each proposal shall include a letter of transmittal, not to exceed one page in length, signed by an authorized representative of the vendor. This letter of transmittal must state the names of the individual(s) authorized to negotiate with the City and sign contracts on behalf of the vendor. Submissions shall be submitted and labeled as follows: City of Lincoln 640 Fifth Street Lincoln, CA 95648 Attn: Linda Stackpoole, City Clerk Re: Windows 2000 Server RFP Proposals should also include detailed information about services and maintenance costs. It is the intent of the City to implement the Windows 2000 server configuration by December 31, 2002. 2.3 Schedule of Events

The City will proceed with the RFP process in a series of steps. This RFP’s schedule for release, submittal, evaluation and selection is summarized in section 5, Proposal Schedule. 2.4 Mandatory Pre-Bid Conference

The City will host a Pre-Bid Conference for interested vendors on [date and time] in the main conference room at City Hall, 640 Fifth Street, Lincoln. City officials and staff will be available to answer questions and make clarifications relating to the RFP. Please do not bring any additional sales and information packets for City staff. The Pre-Bid Conference is designed to share questions and answers with all interested persons in a general question and answer forum. Attendance is mandatory. [Use this paragraph if needed] 2.5 Questions Related to this RFP

In order to avoid any potential confusion, and to minimize the burden on City staff, the City requires that all procedural questions relating to this RFP be directed to [name and telephone number of contact]. Specific questions relating to the content of the RFP will be answered at the Pre-Bid Conference. Vendors may speak with City officials and staff only in this setting, which is part of the formal selection process.

CITY OF LINCOLN Competitive Bidding Procedures Manual
Any vendors found to be soliciting other members of City staff or officials during this RFP process may be automatically disqualified from any further consideration.

3.0
3.1

Conditions and Requirements
Hard Prices

Prices quoted by vendors will be firm prices, not subject to increase during the term of the contractual agreement arising with the City as a result of this proposal. Vendor quoted prices shall include any applicable state and federal tax. Vendors are to stipulate the expiration date of their quoted proposal. 3.2 Right to Contract for Selected Services

The City reserves the right to contract for selected services relating to this proposal from any vendor, in part or in whole. The City may select several vendors to provide all necessary services. 3.3 Evaluation Criteria

The various significant factors that will be considered in the evaluation of proposals are summarized below. The City’s final selection will not be dictated on any single factors including price. The relative importance of these factors involves judgment on the part of the City’s RFP Team and will include both objective and subjective analysis. A vendor may be eliminated from consideration for failure to comply with any of the requirements, depending upon the critical nature of such requirements. The evaluation criteria will include, but not be limited to, the following: 3.3.1 Ability to Meet Objectives: To be considered for selection, the proposal must meet the following objectives: ♦ [objective title]: [description of objective]. ♦ [objective title]: [description of objective]. 3.3.2 Proper Submission and Completeness of RFP: Receipt of complete proposal by the due date as outlined in the proposal schedule. Late submissions or delivery via facsimile will not be considered.

CITY OF LINCOLN Competitive Bidding Procedures Manual
3.3.3 3.3.4 3.3.5 3.3.6 3.3.7 3.4 Comprehensiveness of Services Provided: The vendor must have the capability to meet the required service levels described in this RFP. Public Sector Experience & References: The vendor’s experience in providing services to the public sector will be assessed as well as client references. Strength and Stability of Vendor: The vendor’s financial strength and stability may be assessed. Assigned Relationship Management Team: The credentials and experience of staff assigned to our relationship will be assessed. Charges: The amount of proposed charges will be assessed. Right to Request Additional Information

During the evaluation process, the RFP Team and the City reserve the right, where it may serve the best interest of the City, to request additional information and clarification from vendors. 3.5 Right to Reject Any or All Proposals

The City reserves the right to reject any or all proposals, to waive technicalities or formalities, and to accept any proposal deemed in the best interest of the City. When two or more vendors are deemed equal, the City reserves the right to make the award to one of the two vendors. 3.6 Contracts

It is recognized that the formal basis of any agreement between the City and the vendor is a contract rather than a proposal. In submitting proposals, vendors must indicate that they are prepared to complete a contract containing all the information submitted in their proposals. The proposal will become part of the contract between the City and the successful vendor. Vendors must submit a sample of all required contracts and agreements, including but not limited to purchase, upgrades and technical support. 3.7 Personnel

Engagement partners, managers, other supervisory staff and specialists may be changed if these personnel leave the vendor, are promoted or are assigned to other offices. The personnel may also be changed for other reasons with the express written consent of the City. However, in either case, the City retains the right to approve or reject replacements. 3.8 Rights to Submitted Materials

CITY OF LINCOLN Competitive Bidding Procedures Manual
All proposals, inquiries, responses, or correspondence related to or in reference to this RFP, and all reports, charts, displays, schedules, exhibits, and other documentation submitted by the vendor will become property of the City and a matter of public record. 3.9 Proposal Interpretations and Addenda

Any changes to this RFP by the City will be sent to each vendor or individual to whom an RFP has been sent. Such changes become an integral part of the RFP for incorporation into any contract awarded pursuant to the RFP. 3.10 Insurance Requirements

For the duration of the contract, the vendor must procure and maintain insurance against loss of property. The cost of such insurance is the vendor’s responsibility. 3.11 Additional Services

The minimum services are defined below. Upon final selection of the vendor, the scope of service may be modified and refined during negotiations with the City. 3.12 Undue Influence

The vendor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award or terms of the Agreement that will be executed as a result of this RFP, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly, from the vendor, or from any officer, employee or agent of the vendor, in connection with the award of the Agreement or any work to be conducted as a result of the RFP. Violation of this Section shall be a material breach of the Agreement/Contract entitling the City to any and all remedies by law or in equity. 3.13 Non-Discrimination

The City maintains various policies related to contractual service providers. Among these is an anti-discrimination policy, which requires that our contractors not discriminate in hiring on the basis of gender, race, religion, sexual orientation, or medical condition. Upon acceptance of a proposal, the City may request that the selected vendor sign a statement affirming their compliance with this policy. 3.14 Conflict of Interest

The vendor declares and warrants that no City officer or employee, nor any business entity in which they have an interest:

CITY OF LINCOLN Competitive Bidding Procedures Manual
♦ Has an interest in the contract awarded ♦ Has been employed or retained to solicit or aid in the procuring of the resulting contract ♦ Will be employed in the performance of such contract without immediate disclosure of such fact to the City.

4. Vendor Proposal Format
To assist the City in its evaluation of submitted proposals, it is required that each proposal adheres to the following format: 4.1 Letter of Transmittal

In the Letter of Transmittal, the vendor shall describe their understanding of the work to be performed and why the vendor is the best qualified to perform the services requested. This letter of transmittal must state the names of the individual(s) authorized to negotiate with the City and sign contracts on behalf of the vendor. 4.2 Table of Contents

Include a Table of Contents with a clear listing of the material submitted by section and page number. 4.3 Certification of Proposals

Submit a completed Certification of Proposal to the City of Lincoln (see Appendix C). 4.4 Conceptual Plan

The vendor shall provide a conceptual plan for the product and services the vendor believes are appropriate for the City. [attach Appendix D with existing system or project specs if appropriate] The plan should indicate product features, and personnel skills or services, which distinguish this vendor and make it the better choice for the City. Address the ability to meet system objectives as stated in section 3.3.1. 4.5 Vendor and Staff Profile Experience: Describe the vendor’s experience in providing services to the public sector and any exclusive resources dedicated to the public sector. Provide three (3) references most comparable to the size and technical needs of the City of Lincoln. Include a brief description of the services provided,

CITY OF LINCOLN Competitive Bidding Procedures Manual
how long such services have been provided and a contact person and telephone number for each client described.

Relationship Management: Describe the team that will be assigned to service our relationship. Provide the name, title, experience and qualifications of each individual and the roles, responsibilities and a brief account of their credentials and related banking experience. Give the name(s) of the person(s) who will be authorized to make representations for the vendor, their title(s), addresses and telephone numbers. 4.6 Summary of Charges

The proposal must include a summary of all charges for proposed products and services. 5. Proposal Schedule

Event/Activity Distribution of RFP Mandatory Pre-Bid Meeting [if needed] Final Date for Receipt of Proposals Evaluation & Review Notification to Vendors of Results Finalist Negotiations Complete City Council Approval

Date

5.1 Distribution of RFP: The RFP will be mailed to prospective vendors on [day, date]. 5.2 Mandatory Pre-Bid Meeting: [if needed] The City’s RFP Team will meet collectively with vendor representatives seeking additional information about this RFP. The meeting is mandatory to qualify for final selection. Participating vendors are requested to contact [name and phone number of contact] to advise of their attendance. The meeting will be held in the main conference room at City Hall, 640 Fifth Street. 5.3 Final Date for Receipt of Proposals: Proposals must be received at City Hall no later than [time, date]. Proposals received in the mail after this deadline will not be accepted regardless of their postmarked date. Facsimiles will not be accepted. Please include the original proposal and 2 copies.

CITY OF LINCOLN Competitive Bidding Procedures Manual
5.4 Evaluation & Review: The City Clerk will open all proposals on [day, date], at [time] at City Hall, 640 Fifth Street.

5.5 Notification to Vendors: The RFP Team will recommend a vendor to the City Manager and a notification will be sent to all participating vendors about the results of the review and the contract award process. 5.6 Finalist Negotiations Complete: The RFP Team will negotiate with the successful vendor on contract details with negotiations to be completed by [day, date]. 5.7 City Council Approval: It is anticipated that the contract for services will be submitted to the City Council for approval at their regularly scheduled meeting on Tuesday, [date].

CITY OF LINCOLN Competitive Bidding Procedures Manual
Appendix A List of Elected Officials and Administration Elected Officials
Primo Santini Spencer Short Tom Cosgrove Kent Nakata Ray Sprague Sheron Watkins Linda Stackpoole Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Treasurer City Clerk

Article III. City Manager
Article IV. Article V.

Article VI.

Gerald F. Johnson

City Manager

Article VII. Department Heads
Randy Graham Rodney Campbell John E. Pedri Bill Smull Ray Solander Finance & Administrative Services Director Community Development Director Public Works Director/City Engineer Police Chief Fire chief

CITY OF LINCOLN Competitive Bidding Procedures Manual
Section 7.01 Appendix B City of Lincoln Organization Chart

Citizens of the City of Lincoln

City Treasurer

City Clerk

City Council

Redevelopm ent Agency

Public Financing Authority

City Attorney

Econom ic Developm ent Com m ittee

Planning Com m ission

Parks & Recreation Com m ission

Library Board

City M anager

Public W orks Department

Police Departm ent

Fire Departm ent

Finance & Adm inistrative Services

Com m unity Developm ent

Library

Developm ent & Engineering Svcs PW Operations

Operations

Operations

Finance

Planning

Technical Svcs

Fire M arshall

Info Technology

Building

Com m unications

Rescue

Central Svcs

Recreation

Support Svcs

Clerical Support

CITY OF LINCOLN Competitive Bidding Procedures Manual
Appendix C Certification of Proposal to the City of Lincoln
I. The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP) and to be bound by the terms and conditions of the RFP. This vendor has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the vendor and that the vendor is responsible for these. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City. The proposal includes all of the commentary, figures and data required by the Request for Proposal. This vendor has carefully read and understands all of the items contained in Section 3, Conditions and Requirements. The proposal by this vendor is an irrevocable offer and shall be valid for 120 days from date of submission.

II.

III.

IV. V. VI.

Name of Vendor: ________________________________________________________ By (Authorized Signature): __________________________ Date: ___________________ Name: ________________________________________________________________ Title: _________________________________________________________________ Address: ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ Telephone Number: ______________________ Fax Number:____________________ EMAIL Address: ________________________________________________________

CITY OF LINCOLN Competitive Bidding Procedures Manual

Sample Services Agreement
SERVICE LOCATION: NW Corner of 6th and F Streets DATE : October 23, 2002 SUBMIT ALL INVOICES TO: CITY OF LINCOLN Finance & Administrative Services 640 Fifth Street Lincoln, CA 95648 Department: Finance & Admin Serv Contact: Randy Graham Phone: (916) 645-4070 x 206 Acct Code: 740-6880-50400-0000

Contractor Name: Concrete is Fun, Inc. Address: 555 5th Street Lincoln, CA 95648 Telephone No: (916) 555-1222 Fax No: (916-555-1223 Email: [email protected]

Agreement Number:

Start Date November 1, 2002

Terms Net 30

Completion Date June 30, 2003

Insurance Limits See Reverse

Contract Amount $5650.00

The contractor shall furnish all labor, equipment and materials necessary to accomplish the following: Pouring concrete for an additional pad at the bus shelter at 6th and F Streets.

ATTENTION: Total cost of service not to exceed the above amount without prior approval of the
Purchasing Clerk.

CONTRACTOR: By: __________________________
(a) (b) (c) (d) The Contractor named hereon by the Acceptance of this Order agrees to the provisions on the reverse side.

CITY OF LINCOLN: By:__________________________
Randy Graham Finance & Administrative Services Director

CITY OF LINCOLN Competitive Bidding Procedures Manual
Service Agreement Provisions: 1. Contractor shall defend, indemnify, and hold harmless the City of Lincoln, its officers, agents, and employees from all claims, demands, or injury to persons (including bodily injury and death) or property connected with or arising out of this Agreement or Contractor’s negligent acts or omissions in the performance of this Agreement, save and excepting those injuries arising out of sole negligence of City. Contractor is an independent contractor, and shall not be considered an officer, agent, or employee of City. Without the written consent of the City, this Agreement is not assignable by Contractor either in whole or in part. Time is of the essence of this Agreement. This Agreement may only be amended or modified in writing. It is integrated and contains the complete understanding of the parties. All equipment, supplies and services sold to the City of Lincoln shall conform to the general safety orders of the State of California. Unless notified to the contrary, in writing, the City assumes that the Contractor has accepted the work in accordance with the plans and specifications (if any) and agrees to do the work in compliance with this Agreement. All prevailing wages and fair employment practices will be adhered to. Unless otherwise specified, the Contractor shall maintain the following policies of insurance in full force and effect during the term of this Agreement in the amount shown below. The City of Lincoln retains sole discretion in determining the types and proper levels of insurance coverage. Comprehensive General/Commercial Liability Insurance: Including endorsements for comprehensive, contractual liability, independent contractors, personal injury, premises operations, products/completed operations, and broad form property damage. Automobile Liability Insurance including owned, hired, and Non-owned vehicles. Worker’s Compensation

2. 3. 4. 5. 6. 7. 8. 9a.

$1,000,000/Occurrence $2,000,000 Aggregate

$ 500,000/Occurrence $1,000,000 Aggregate Statutory

9b. All insurance coverages of Contractor are primary insurance as to City. City shall not be required to contribute to any loss through its insurance policies and/or self-insured programs. 9c. The limits of insurance coverages specified above in no way limit the liability of Contractor for full payment and resolution of any claim resulting from Contractor’s performance of services under this Agreement. 9d. A certificate of insurance, in a form approved by the Risk Manager, shall be provided by Contractor prior to the execution of this agreement. The certificate shall provide at least 30 days prior written notice to City of any material change or cancellation. The certificate shall include an endorsement naming the City of Lincoln as an Additional Insured party. 9e. The Worker’s Compensation policy shall contain the insurer’s waiver of subrogation in favor of the City, its officers, agents and employees.

10. Vendor states that no City officer or employee, nor any business entity in which they have an interest: a) Has an interest in the contract awarded; b) Has been employed or retained to solicit or aid in the procuring of the resulting contract; c) Will be employed in the performance of such contract without immediate disclosure of such fact to the City. City reserves the right to withhold any payments to Contractor in the event of noncompliance with insurance requirements.

CITY OF LINCOLN Competitive Bidding Procedures Manual
Services Agreement Instructions
The purpose of the Service Agreement form is to contract for ongoing and one time services. It is generally used for ongoing services throughout the fiscal year such as “Plan Check Services”. It may also be used for one time services such as “Replanting of Redwood trees at the 3MG water tank in Lincoln Hills”. It is used by the Finance Division for encumbrance, and the subsequent posting of expenditures, in the financial management system.

Instructions
Service Location: Enter the location within the City for which these services will be performed. For example, if this is a service agreement for pouring concrete for an additional pad at the bus shelter at the corner of 6th and F Streets, the location entry would be: NW Corner of 6th and F Streets. Date: Enter the date the Service Agreement is prepared. Contractor Name, Address, etc.: Enter the contractor’s name, billing address, telephone number, fax number and email, if available. This information is necessary to set the contractor up in the vendor payment files within the City’s financial management system. Department, Contact, Phone: Enter the City department, contact name and phone number for the contact. For example, Finance & Administrative Services, Randy Graham, 6454070 x206. Acct Code: This is the budget code. The account code tells the Finance Division where to charge the expenditures for this service. Using the example of the concrete pad above, the account code would be: 740-6880-50400-0000. Agreement Number: This will be filled in by the Purchasing Clerk and is used in the Central Services Division logging and tracking system. Start Date: Enter the date service is to begin. Terms: If there are any specific terms enter them here. For example, there might be a 2 percent discount for prompt payment (2%, Net 10) or that payment must be made within 30 days of receipt of contractor’s invoice (Net 30). Completion Date: Enter the date that services will be complete. If services are ongoing through the fiscal year, enter the end date of the fiscal year. For example, June 30, 2002.

CITY OF LINCOLN Competitive Bidding Procedures Manual
Contract Amount: Enter the complete amount of the contract including any sales tax, freight, labor, materials, etc. If this is an ongoing service throughout the fiscal year, estimate the total amount for all services through June 30th. The Contractor shall furnish all labor…: The space below this sentence is used to enter a description of the service. Using the example above, the description would be: Pour and finish an additional pad for the bus shelter at 6th and F Streets. Signature Blocks: Obtain the contractor’s signature in the “Contractor” block. Forward the completed service agreement to the Purchasing Clerk, Central Services Division, for review and to obtain the signature of the Finance & Administrative Services Director.

Requirements for Approval
⌦ The contractor’s signature must be obtained prior to submitting the Service Agreement to the Purchasing Clerk for review and approval. ⌦ If the amount of this service is less than $2,500, no bids or justification are required. ⌦ If the amount of the service is $2,500 or more but less than $10,000, three informal bids are required to be attached to the agreement prior to processing by the Central Services Division (Municipal Code Section 3.24.130). ⌦ If the amount of the service is to be $10,000 or more, the formal bid process must be followed. A copy of the bids and the Council action are required to be attached to the agreement prior to processing by the Central Services Division (Municipal Code Sections 3.24.060 through 3.24.120). ⌦ Sole source agreements of $2,500 or more may be considered with the proper justification. ⌦ All Service Agreements shall be submitted to the Purchasing Clerk, Central Services Division, for review and approval. Upon approval, the Purchasing Clerk will encumber the Service Agreement through the Purchase Order System within the financial management system. A copy of the purchase order and the signed Service Agreement will be returned to the “Contact” for their files and for distribution, as necessary, to the contractor. The Purchasing Clerk will also submit a copy of the completed Consultant Services Agreement to the City Clerk/Records Manager for scanning to LaserFiche.

CITY OF LINCOLN Competitive Bidding Procedures Manual
Sample Consultant Services Agreement
THIS AGREEMENT is made at Lincoln, California, as of October 23, 2002, by and between the CITY OF LINCOLN, a municipal corporation ("City") and Archaeological Resource Technicians, a California corporation ("Consultant"), who agree as follows: 1) Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide said services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A. 2) Contract Period. Contract work will begin July 1, 2002 and continue through June 30, 2003. 3) Payment. City shall pay to Consultant for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. 4) Facilities, Equipment, and Other Materials. Except as set forth in Exhibit C, Consultant shall, at its sole cost and expense, furnish all facilities, equipment, and other materials which may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities, equipment, and other materials listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5) General Provisions. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 6) Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 7) Time for Performance. Time is of the essence and subject to City's compliance with Exhibit C. Failure of Consultant to perform any service within the time limits set forth in Exhibit A shall constitute material breach of this Contract.

CITY OF LINCOLN Competitive Bidding Procedures Manual

Executed as of the day first above stated.

Archaeological Resource Technicians a California Corporation

CITY OF LINCOLN, a municipal corporation

_____________________________ (Authorized Signature)

___________________________ Gerald F. Johnson, City Manager

ATTEST:

APPROVED AS TO FORM:

_____________________________ Linda Stackpoole, City Clerk

___________________________ Tim Hayes, City Attorney

FOR CENTRAL SERVICES DIVISION USE ONLY CONTRACT NO: ______________________________

ACCOUNT CODE: ______________________________ ENCUMBRANCE: ______________________________

I certify upon my own personal knowledge that budgeted funds are available for the period and the purpose of the expenditure stated above: _________________________________________________ Randy Graham, Finance & Administrative Services Director

CITY OF LINCOLN Competitive Bidding Procedures Manual
EXHIBIT A SCOPE OF SERVICES

Provide Archaeological monitoring on all construction projects within the City limits. This includes all report-writing, site investigations, historical and prehistoric background research, cataloguing and preparing archaeological dig sites, CEQA/NEPA compliance, laboratory investigation of all material recovered, correspondence with Native American groups in regards to any burial sites uncovered, etc.

CITY OF LINCOLN Competitive Bidding Procedures Manual
EXHIBIT B TIME AND MANNER OF PAYMENT • • • • The cost for undertaking the tasks addressed in the Scope of Work shall not exceed $50,000. Invoices will be scheduled for payment within 5 working days of receipt by the Finance Division. All compensation shall be billed in accordance with the Scope of Work attached as Exhibit A. All tasks outlined in Exhibit A shall be completed no later than 90 days after the execution of this agreement.

CITY OF LINCOLN Competitive Bidding Procedures Manual
EXHIBIT C Article VIII. FACILITIES, EQUIPMENT, AND OTHER MATERIALS



Consultant shall be responsible for providing all necessary facilities, equipment, and personnel to undertake the necessary tasks outlined in Exhibit A.

CITY OF LINCOLN Competitive Bidding Procedures Manual
EXHIBIT D GENERAL PROVISIONS 1) Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which consultant accomplishes services rendered pursuant to this Agreement. 2) Licenses; Permits; etc. Consultant represents and warrants to City that it has all licenses, permits, qualifications, and approval of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for Consultant to practice its profession at the time the services are performed. 3) Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. Neither party shall be considered in default of this Agreement to the extent performance is prevented or delayed by a cause, present or future, which is beyond the reasonable control of the party. 4) Indemnification. Consultant hereby agrees to defend, indemnify and hold harmless the City from and against any and all claims arising out of the willful or negligent acts, errors or omissions of Consultant relating to this Agreement. 5) Insurance. (A) General Liability. During the term of this Agreement, Consultant shall maintain in full force and effect a general liability insurance policy in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. (B) Automobile Liability. During the term of this Agreement, Consultant shall maintain in full force and effect a policy of automobile liability insurance in an amount not less than $1,000,000 combined single limit per accident for bodily injury and property damage. (C) Professional Liability. During the term of this Agreement, Consultant shall maintain in full force and effect professional liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s operations under this Agreement, whether such operations be by Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than $1,000,000 on a claims-made annual aggregate basis. ♦ ♦ The City, its officers, officials, employees and volunteers are to be named as additional insured on the Consultant’s general liability and automobile liability insurance policies. Consultant’s general liability and automobile liability insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.

CITY OF LINCOLN Competitive Bidding Procedures Manual
(D) Cancellation. Each insurance policy required in this paragraph shall not be canceled or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. Current certification of such insurance shall be kept on file with the City Clerk at all times during the term of this Agreement. 6) Worker's Compensation. During the term of this Agreement, Consultant shall fully comply with the terms of the law of California concerning Worker's Compensation. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability Consultant may have for Worker's Compensation. The Worker’s Compensation Policy shall contain a waiver by the insurer of all rights of subrogation against the City, its officers, agents and employees. 7) Consultant Not Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 8) Assignment Prohibited. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 9) Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Consultant to perform services pursuant to this Agreement, Consultant shall remove any such person immediately upon receiving notice from City of the desire of City for the removal of such person or persons. 10) Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which consultant is engaged in the geographical area in which Consultant practices its profession. All products of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial first class and workmanlike manner and conform to the standards or quality normally observed by a person practicing in Consultant's profession. 11) City Representative. The City Manager is the representative of the City and will administer this Agreement for the City. 12) Termination. City shall have the right to terminate this Agreement at any time by giving notice of such termination to Consultant. In the event City shall give such notice of termination, Consultant shall immediately cease rendering services pursuant to this Agreement. In the event City shall terminate this Agreement: (A) Consultant shall deliver copies of all writings prepared by it pursuant to this Agreement. The term "writings" shall be construed to mean and include: handwriting, typewriting, printing, Photostatting, photographings, computer floppy disks, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof.

CITY OF LINCOLN Competitive Bidding Procedures Manual
(B) City shall have full ownership and control of all such writings delivered by Consultant pursuant to this Agreement. (C) City shall pay Consultant the reasonable value of services rendered by Consultant pursuant to this Agreement; provided, however, that in no event shall any payment hereunder exceed $ 50,000.00 and further provided, however, City shall not in any manner be liable for lost profits which might have been made by Consultant had Consultant completed the services required by this Agreement. In this regard, Consultant shall furnish to City such financial information as in the judgment of the City Manager is necessary to determine the reasonable value of the services rendered by Consultant. In the event of a dispute as to the reasonable value of the services rendered by Consultant, the decisions of the City Manager shall be final. The foregoing is cumulative and does not affect any right or remedy which City may have in law or equity. 13) Non-Discrimination. Consultant shall comply with Section 122(a) of the State and Local Fiscal Assistance Act of 1972. 14) Conflict Of Interest. Consultant states that no City officer or employee, nor any business entity in which they have an interest: a) Has an interest in the contract awarded; b) Has been employed or retained to solicit or aid in the procuring of the resulting contract; c) Will be employed in the performance of such contract without immediate disclosure of such fact to the City. 15) Ownership of Information. All professional and technical information developed under this Agreement and all work sheets, reports, and related data shall become the property of City, and Consultant agrees to deliver such documents to City on completion of the services hereunder. 16) Attorney's Fees. If any party to this Agreement commences legal proceedings to enforce any of its terms or for damages for its breach, the prevailing party shall be entitled to recover his reasonable attorney's fees, including those incurred on appeal, if any. 17) Entirety of Agreement. This Agreement contains the entire agreement of City and Consultant with respect to the subject matter hereof, and no other agreement, statement, or promise made by any party, or to any employee, officer, or agent of any party, which is not contained in this Agreement shall be binding or valid. No supplement, modification, or amendment of this Agreement shall be binding unless executed by all parties in writing. 18) Counterparts. The partners may execute this Agreement in two or more counterparts, which shall, in the aggregate, be signed by all the parties; each counterpart shall be deemed an original instrument as against any party who has signed it. 19) Governing Law. This Agreement is executed and intended to be performed in the State of California, and the laws of that State shall govern its interpretation and effect. 20) Successors. This Agreement shall be binding on and inure to the benefit of the respective successors and assigns of the parties, except to the extent of any contrary provision in this Agreement. 21) Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

CITY OF LINCOLN Competitive Bidding Procedures Manual
Consultant Services Agreement Instructions
The purpose of the Consultant Services Agreement is to contract for one-time services that have specific deliverables or where a well defined scope of work or services is necessary. It is used by the Finance Division for encumbrance, and the subsequent posting of expenditures, in the financial management system.

Instructions
The Consultant Services Agreement is a standard form that has been reviewed by the City Attorney and the Risk Manager. No deviations to the standard language shall be made without prior approval of the City Attorney. Page 1, 1st Paragraph: Fill in the date of the agreement in the first paragraph as well as the name of the contractor. Page 1, Contract Period: Fill in the start date and the end date for the services to be performed. Page 2: This is a signature and budget authorization page. Fill in the name of the contractor. If Council approval is necessary, signatures shall be obtained after approval by the Council. The box at the bottom of the page is for use by staff in the Central Services Division. Prior to submission to the Council for approval or, if Council approval is not necessary, prior to obtaining signatures the Consultant Service Agreement shall be submitted to the Central Services Division for review. Central Services Divisions staff will assign a contract number, work with you to identify the proper budget account code and fill in the amount for encumbrance. The signature of the Finance & Administrative Services Director must be obtained prior to submission to the Council or to the City Manager for signature. Page 3, Scope of Services: Fill in the complete scope of work to be provided by the contractor. Attaching the contractor’s proposal to this contract is not acceptable. Page 4, Time and Manner of Payment: Fill in the total cost of services. This will be the amount to be “encumbered” as shown on page 2 above. Fill in the number of days the contractor has to complete the project. Page 8, General Provision Section 12 (C): Fill in the total amount of the contract. This should be the same as the total cost of services on page 4 above.

CITY OF LINCOLN Competitive Bidding Procedures Manual
Requirements for Approval
⌦ If the amount of the service is to be $10,000 or more, the formal bid process must be followed. A copy of the bids and the Council action are required to be attached to the agreement prior to processing by the Central Services Division. ⌦ All Consultant Services Agreements shall be submitted to the Purchasing Clerk, Central Services Division, for review and approval. Upon approval, the Purchasing Clerk will encumber the Consultant Services Agreement through the Purchase Order System within the financial management system. A copy of the purchase order and the completed Consultant Services Agreement will be returned to the “Contact” for their files and for distribution, as necessary, to the contractor. The Purchasing Clerk will also submit a copy of the completed Consultant Services Agreement to the City Clerk/Records Manager for scanning to LaserFiche.

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