competitive bidding procedures manual

8/3/2019 Competitive Bidding Procedures Manual

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CITY OF LINCOLN

Competitive Bidding Procedures Manual

Table of Content

What is Competitive Bidding? 1

When Competitive Bidding isNotRequired 2

When Competitive Bidding is Required 2

Informal Bids 2Formal Bids 3Bidders List 4

Goods or Equipment 4

Purchase Requisition 4Request for Price Quote 4

Services 5

Request for Proposal 5Services Agreement Form 6Consultant Services Agreement Form 6

Appendix Items 7

Municipal Code Bidding Requirement ExcerptsOrdinance 721B Goods & EquipmentMunicipal Code Public Project ExcerptsOrdinance 711B Public ProjectsSample Vendor List ApplicationSample Purchase RequisitionSample Request for Price QuoteSample Request for ProposalSample Services Agreement

Sample Consultant Services AgreementMemo from the City Manager Dated August 29,2003


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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 workrequired, percentage of construction cost, or any other measure of compensation wherebythe prospective client may compare services on a price basis prior to the time that onevendor has been selected for negotiations.

California Government Code Sections 54202 and 54203 address bidding procedures forthe 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 bythe local agency. Purchases of supplies and equipment by the local

agency shall be in accordance with said duly adopted policies and inaccordance with all provisions of law governing same. No policy, procedure, or regulation shall be adopted which is inconsistent or inconflict with statute.

54203. If the local agency is a city, a county, or a city and county, thepolicies provided for in Section 54202 shall be adopted by ordinance inthe 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 tothe 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 BiddingRequirement Excerpts and appendix item Ordinance 721B Goods & Equipment.

Public Projects have different requirements. See appendix items Municipal Code PublicWorks Projects Excerpts and Ordinance 711B Public Projects for specific requirementsrelated to Public Projects within the Public Works Department and are governed by statestatute (California Public Contract Code Section 20160 et sec.).

All vendors shall adhere to the following conflict of interest statement which isincorporated in the Consultant Services Agreement and the Services Agreement forms:

Vendor states that no City officer or employee, nor any business entity inwhich 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 theresulting contract; c) Will be employed in the performance of suchcontract without immediate disclosure of such fact to the City.


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When Competitive Bidding IsNotRequired

Competitive bidding is notrequired 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:

EmergenciesSole Source When a commodity or service can be obtained from only onevendorWhen the total amount involved is less than two thousand five hundred dollars($2,500)Purchases from other public agenciesWhen the City Council determines that it is in the best interest of the City todo so.

Again, Public Projects have different requirements. See appendix items Municipal CodePublic 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 servicefor other than Public Projects, is equal to or greater than two thousand five hundreddollars ($2,500) and the exception criteria, stated above, do not apply. There are twomethods for documenting competitive bids: informal and formal.

Informal Bids

For the purchase of goods, equipment or services equal to or greater than two thousandfive 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 MunicipalCode states, in section 3.24.130(B) that purchasesshall, whenever possible, be based onat least three independent bids and shall be awarded to the lowest responsible biddersubject 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 writtenrequests, 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 itemsMunicipal Code Public Works Projects Excerpts and Ordinance 711B Public Projectsfor specific requirements related to Public Projects within the Public WorksDepartment.

If purchasing goods or equipment, a Purchase Requisition form must be used with theappropriate document attached. See appendix item Sample Purchase Requisition.Appropriate documentation can include, but is not limited to:


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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 leasttwo other vendors to document the reason for not receiving quotes.

For the purchase of services, such as the installation of equipment or the production ofstudies or reports, attach informal quotes to either a Services Agreement Form, appendixitem Sample Services Agreement, or a Consultant Services Agreement Form, appendixitem 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 approveinformal bids.

Formal Bids

Formal bid procedures must be followed for the purchase of goods, equipment or servicesequal to or greater than ten thousand dollars ($10,000), The Municipal Code states, inSection 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 writtencontract with the lowest responsible bidder.

The Municipal Code provides direction, beginning with Section 3.24.060, for formalbidding procedures as follows:

Notice inviting bids Bidders ListBid securityBid openingBid rejection Re-advertisementAward Local preferenceTie bidsPerformance bond

Please note the requirements in the Municipal Code for publishing notices. TheMunicipal Code states in Section 3.24.060 (A)(2):


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Notices inviting bids shall be published at least one in a newspaper ofgeneral circulation, printed and published in the county and circulated inthe 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 WorksDepartment. See appendix items Municipal Code Public Works Projects Excerpts andOrdinance 711B Public Projects.

All formal bids must go to the City Council for approval.

Bidders List

Staff in the Central Services Division maintains bidders lists by category of vendor forall but Public Projects. A sample Vendor List Application is included as an appendixitem. Public Project bidders 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 purchaserequisition form. A sample form is found in the Appendix as well as instructions forcompleting the form. Be sure to list all vendors from which informal quotes wereobtained 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 yourdepartment head. Submit the purchase requisition to the Purchasing Clerk in CentralServices. The Purchasing Clerk will encumber the total amount of the purchase, includingshipping and sales tax, and return the purchase requisition and a Purchase Order to youfor 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 PriceQuote. A sample form is found in the Appendix as well as instructions for completing theform. 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 plansand specifications (for Public Works Capital Improvement Projects) should be given tothe City Clerk for scanning into the document imaging system prior to the Councilmeeting date. A copy of the Memo from the City Manager, dated August 29, 2003, isfound in the Appendix and speaks to this process.


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When an item has been approved to go to bid,

After the bid process has been completed and a vendor has been selected, Councilapproval 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 sentA list of all vendors who responded along with quoted amountsA copy of the proposed winning quoteIf only one response, attach documented telephone contacts with othervendors to determine why they did not respondIf there are exceptions to the formal bid process, provide justification as towhy and provide a statement that approval had been obtained from the CityManager to do so

Once approval has been obtained, submit the approved price quote to the PurchasingClerk 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 aPurchase 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) andsubmitted 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. Besure 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 isavailable to provide assistance in its administration. As with the purchase of goods andequipment above, when an item is placed on the City Council agenda for approval to goto bid, the RFP form should be given to the City Clerk for scanning into the documentimaging 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 amandatory pre-bid meeting is determined to be necessary as part of the bid process, thepre-bid meeting shall be held no sooner than 10 working days after the RFP has beendistributed to the vendors. If additional mandatory pre-bid meetings are necessary, re-notification shall be sent to all vendors on the original vendors list. The second pre-bidmeeting shall be held no sooner than 10 working days after this additional meeting notice


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is distributed. The 15 day response time, mentioned above, shall begin the first workingday 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 ofyour request for approval to Council:

A list of all vendors to which the Request for Proposal was sentA list of all vendors who responded along with quoted amountsA copy of the proposed winning quoteIf only one response, attach documented telephone contacts with othervendors to determine why they did not respondIf there are exceptions to the formal bid process, provide justification as towhy and provide a statement that approval had been obtained from the CityManager to do so

Once approval has been obtained, submit the approved Services Agreement or ConsultantServices Agreement to the Purchasing Clerk in Central Services. The Purchasing Clerkwill 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 timeservices. It is generally used for ongoing services throughout the fiscal year such asPlan Check Services. It may also be used for one time services such as Replanting ofRedwood trees at the 3MG water tank in Lincoln Hills.

A sample Services Agreement form is found in the appendix as well as instructions for itsuse.

Consultant Services Agreement Form

The purpose of the Consultant Services Agreement is to contract for one-time serviceswhere a well defined scope of work or services is necessary. An example would theprovision of city-wide janitorial services. In the scope of services section of thisagreement, the specific cleaning needs at City Hall, the Pavilion, Scout all, etc., aredefined as is the frequency of cleaning services.

A sample Consultant Services Agreement form is found in the appendix as well asinstructions for its use.


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APPENDIX ITEMSAll appendix items can be found on the LAN in the SHARED folder on theDepartments drive. Within the SHARED folder go to the 03-04 FINANCE & ADMINSVCS 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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Page 1

Ordinance 721B Goods & Equipment


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Municipal Code Public Project Excerpts

3.26.010 Uniform Public Construction Cost Accounting Act. The City of Lincoln elects to be subject to theUniform Public Construction Cost Accounting Act as set forth in Section 22000 et seq. of the PublicContract 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 theemployees of the City by force account, by negotiated contract, or by purchase order. If the funds havebeen 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 byinformal 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 andmaintained 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 ofwork 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 ofwork to be performed, the notice inviting informal bids shall be sent only to the construction trade journalsspecified by the Commission, (ii) if the product or service is proprietary in nature such that it can beobtained only from a certain contractor or contractors, the notice inviting formal bids may be sentexclusively to such contractor or contractors;

3.26.050 Public Projects More than $50,000. Public projects more than $50,000 shall, except as otherwiseprovided in this Act, be let to contract by formal bidding procedure.

Article II. Summary of Dollar Limits/Thresholds

Section 2.01 Limit Requirement

Less than $25,000 May be performed by City employees; bids notrequired

$25,000 but less than $50,000 Contract required; informal bid procedures to befollowed

$50,000 or More Contract required; formal bids required


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Ordinance 711B Public Projects


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Sample Bidders List Application


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Sample Purchase Requisition

CITY OF LINCOLN

PURCHASE REQUISITION

Date of Request: 10/02/02 Ship to address: 11 McBean Park Drive Dept. H

Requested by (Name/Phone): Chris Moreau/871-4305

QUOTATIONS

NO SEL VENDOR NAME/ADDRESS/PHONE QTY PRICE DESCRIPTION

1 Bobs Radio Stuff 1 $5552.00 Two portable radio ba

555 5th Street and Station 2

X Lincoln, CA 95648

916-645-1111

2 Dogwood Stations 1 $5950.00

1212 Doggy Rd

Stockton, CA 209-555-1212

3 Foo Fighter Communications 1 $6065.00

6565 Rocker Ln

Sacramento, CA 916-555-8989

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 % 75 Item(s) Cost $ 5552.00248-4030-50140-0000 % 25 Shipping $ 15.00

% Tax $ 402.52

% TOTAL $ 5969.52


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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 FinanceDivision for encumbrance, and the subsequent posting of expenditures, in the financialmanagement 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/orequipment 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 equipmentfor 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 generatingthe request.

Quotations: If bids are required, enter the name and complete address of each vendor, inthe 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 whichquote has been selected. Enter the number of items to be purchased in the QTY columnand the cost per item in the PRICE column. Enter a brief description of the items to bepurchased in the DESCRIPTION column. For example, Two portable radio base stationsfor command post and Station 2.

If this is a sole source request or if the selected vendor is not the lowest bidder, pleaseenter 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 examplewould be: 740-6880-50400-0000. If the order needs to be charged to more than oneaccount code, list the separate account codes along with the percentage of costdistribution 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


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on the Tax line. Add the Item(s) Cost, Shipping and Tax line items to determine theTOTAL $ amount to encumber.

Requirements for Approval

Department Head approval must be obtained prior to submitting the PurchaseRequisition to the Purchasing Clerk for review and approval.

If the amount of this goods or equipment are less than $2,500, no bids or justificationare 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 bythe 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 processmust 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 properjustification.

All Purchase Requisitions shall be submitted to the Purchasing Clerk, CentralServices Division, for review and approval. Upon approval, the Purchasing Clerk willgenerate a Purchase Order through the Purchase Order System within the financialmanagement system. A copy of the purchase order and the completed Purchase

Requisitions will be returned to the Requested by person for their files and fordistribution, as necessary, to the contractor.


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Sample Request for Price Quote

THIS IS NOT AN ORDERREQUEST FOR PRICE QUOTE

FAX QUOTE TO NUMBER INDICATEDABOVE

RELEASE DATE: August 1, 2003PRICE QUOTATION NO. : 08012003

TITLE: Copier Fin & Admin Services

DUE DATE: Friday, August 22, 2003, Not Later Than 3:00 PM

For additional information regarding this request, contact:

Buyer Name: Paul Holloway Telephone: 916- 645-5298

Email: [email protected]

This package includes the following documents: Type of Contract Award:

Request for Price Quote Fixed Contract (Purchase Order)Specifications or Scope of WorkInsurance 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, tofurnish all of the items upon which prices are quoted, at the prices set forth in this quotation, delivered at the designatedpoint(s) by the method of delivery and within the time specified herein and subject to the Terms and Conditions of thisrequest for price quote. In the event of a contract award pursuant to this request, performance by the vendor of any orall 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: Fax: Email:

NO BID: Reason: ____________________________________________________

City of Lincoln

Finance and Administrative Services Dept640 Fifth StreetLincoln, CA 95648Phone: (916) 645-4070 Fax: (916) 645-9502Email: [email protected]


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REQUEST FOR PRICE QUOTATION

GENERAL TERMS AND CONDITIONS

The following provisions are hereby made a part of this request. Any contract or order awarded asthe result of this request shall be governed by these General Terms and Conditions. Bysignature 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 anyof these standard provisions for a particular contract by indicating a change in the special instructionsor provisions. Any vendor accepting a contract award as the result of this request agrees that theprovisions included within this Request for Price Quote shall prevail over any conflicting

provision within any standard form contract of the vendor.

2. SUBMISSION OF PRICE QUOTES. Price Quotes may be submitted to the Purchasing Clerk, 640Fifth Street, Lincoln, California, 95648 between the hours of 8:00 am and 5:00 pm, Monday throughFriday (excluding City holidays), prior to the date and time specified in this request. Quotationssubmitted in person or by mail should be submitted in a sealed envelope which clearly identifies theRequest for Price Quote number, commodity or service and submittal deadline. Quotes can besubmitted 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.

3. AMENDMENTS TO THE REQUEST. Any amendment to this request is valid only if in writing andissued by the City.

4. NO BID. Persons desiring not to submit a quotation should return the Acknowledgment marking itNo-Bid, not later than the stated submittal deadline.

5. NON-COLLUSION. The vendor certifies that his quotation is made without any previousunderstanding, agreement or connection with any person, firm or corporation submitting a quotationfor the same requirement and is in all respects fair, without outside control, collusion, fraud orotherwise illegal action.

6. CONFLICT OF INTEREST. Vendor states that no City officer or employee, nor any business entity inwhich they have an interest: a) Has an interest in the contract awarded; b) Has been employed orretained to solicit or aid in the procuring of the resulting contract; c) Will be employed in theperformance of such contract without immediate disclosure of such fact to the City.

7. AWARDS. The contract may be awarded to the lowest responsible and responsive vendor complyingwith the provisions of the Request for Price Quote. The following criteria may be considered by theCity 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 previouscontracts; 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 contractualservices to the particular use required; g) Ability to provide maintenance and service; h) Whether thevendor is in arrears to the City, in debt on contract, is a defaulter on surety to the City or whether thevendor'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


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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 anintended use. Any submittal taking exception to this requirement may, at the Citys option, be

considered non-responsive.

9. SAMPLES. Samples of items, when required, must be furnished free of expense to the City of Lincolnand if not destroyed by tests will, upon request, be returned at vendors expense. Samples of selecteditems may be retained for comparison.

10. MANUFACTURERS NAME AND APPROVED EQUIVALENTS. Unless otherwise specified,manufacturers names, trade names, brand names, information and/or catalog numbers listed in aspecification are intended only to identify the quality level desired. They are not intended to limitcompetition. 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 alternatemanufacturers name and catalog number; 2) Include complete descriptive literature and/orspecifications; 3) Include proof that the proposed equivalent will meet the specifications. The Cityreserves the right to be the sole judge of what is equal and acceptable. If vendor fails to name asubstitute, 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, andhold the City of Lincoln free and harmless from any and all losses, claims, liens, demands, and causesof 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 favorof any party, including claims, liens, debts, personal injuries, death, or damages to property (includingemployees or property of the City) and without limitation by enumeration, all other claims or demandsof every character occurring or any way incident to, in connection with or arising directly or indirectlyout of, the contract or agreement. The Contractor agrees to investigate, handle, respond to, providedefense 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 actionin favor of any third party against Contractor or the City or to enlarge in any way the Contractorsliability but is intended solely to provide for indemnification of the City of Lincoln from liability fordamages or injuries to third persons or property arising from Contractors performance pursuant to thiscontract or agreement.

12. FORCE MAJEURE. If an emergency or natural disaster causes delay or interferes with the use ordelivery of the products/services described in this request, deliveries may be suspended as long asneeded 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 beyondthe control of the parties. The City reserves the right to acquire from other sources anyproducts/services during any suspension of delivery.

13. TAXES. The City of Lincoln is exempt from Federal Excise Tax and an exemption certificate will befurnished upon request. The City of Lincoln is not exempt from California State sales tax. Allapplicable State sales taxes will be added to the purchase order.

14. DELIVERY. All prices must be FOB Destination, unloaded inside and assembled unless otherwiseindicated.

15. FIXED CONTRACT QUANTITIES. Purchase order(s) for full quantities will be issued to theselected vendor after receipt of all required documents.


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16. OPEN-END CONTRACT (BLANKET PURCHASE ORDER). No guarantee is expressed or impliedas to the total quantity of commodities/services to be purchased under any open-end contract.Estimated quantities, ratios or discounts from manufacturers list price may be used for comparison.The City reserves the right to: issue purchase orders as and when required, or, issue a blanket purchaseorder 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 forin the contract. If in a subsequent year the vendor offers to supply his goods and service for the sameprice, or in the event the supplier is willing to negotiate to the satisfaction of the City of Lincoln anyjustifiable price increase prior to the succeeding years contract renewal and if the service provided bythe supplier was to the satisfaction of the City, the City of Lincoln reserves the right to extend theperiod 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 Cityfor non-listed commodities or non-fixed price items are equal to or less than those charged the vendor'smost 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 toconform to specifications, or to the sample submitted by the vendor, the City may reject it. Uponrejection, the vendor must promptly reclaim and remove such item without expense to the City, andshall immediately replace all such rejected items with others confirming to such specifications orsamples. If the vendor fails to do so, the City has the right to purchase in the open market acorresponding quantity of any such items and to deduct from any monies due the vendor the differencebetween the price named in the contract or purchase order and the actual cost to the City. If the vendorfails to make prompt delivery of any item, the City has the right to purchase such item in the openmarket and to deduct from any monies due the vendor the difference between the price named in thecontract or purchase order and the actual replacement cost to the City. If the vendor breaches thecontract or purchase order, any loss or damage sustained by the City in procuring items which thevendor therein agreed to supply shall be borne and paid for by the vendor. The rights and remedies ofthe City identified above are in addition to any other rights and remedies provided by law or under thecontract. In any legal proceeding brought to enforce the terms of the herein agreement, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs incurred as a result ofenforcing the terms of this agreement.

18. INVOICES AND PAYMENT TERMS. Invoices are to be mailed to the City department specified onthe resulting purchase order, blanket purchase order or contract. All invoices must include thepurchase order number, blanket purchase order number, or contract number. Failure to comply willresult 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 inthe order, whichever is later. Prompt payment discounts shall be considered earned if payment ispostmarked or personally delivered within the prescribed term. For the purposes of this section, thebeginning date described above shall be considered day zero for the purposes of counting days in theprescribed 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 aboutquotations. 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 expresswritten approval of the City, and shall not become an asset in any bankruptcy, receivership orguardianship proceedings.

21. PATENT INFRINGEMENT. Vendor shall indemnify and hold harmless City, its agents andemployees, against and from any and all actions, suits, liabilities, prosecutions, penalties, settlements,losses, damages, costs, charges, attorneys fees, and all other expenses which may arise directly orindirectly from any claim that any of the products supplied by supplier infringes any patent, copyright,trade secret, or other property right.


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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 ofcoverage in the amounts specified in the attached Insurance Requirements

3.0 FEE PROPOSAL

Item Unit Qty Description Unit Price Extended Price

1. each 10 Small Widgets __________ $__________

1. each 10 Medium Widgets __________ $__________

1. each 10 Large Widgets __________ $__________

Subtotal $__________

7.25% sales tax $__________

Freight Charge, if any $__________

Total $__________

4.0 INVOICE TERMS:

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


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Request for Price Quote Instructions

The purpose of the Request for Price Quote is to request competitive pricing on goodsand/or equipment. It is ultimately used as documentation attached to the PurchaseRequisition 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 ServicesDivision 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 & AdminServices)

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 thequote (example: Laurie Randleman)

Telephone: Enter the buyers telephone number (example: 916-645-5298)

Email: Enter the buyers email (example: [email protected])

Documents: Central Services Division staff will attach the appropriate specifications tothe Request for Price Quote. If there are any special insurance requirements for thisrequest, the staff will attach the requirements along with the specifications. The type ofcontract that will result from this process is a fixed contract and purchase requisitionwhich will be encumbered by generating a purchase order in the Springbrook financialsoftware.

Vendors 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 vendorto ascertain the reason for no bid.


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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 toprocessing by the Central Services Division (Municipal Code Section 3.24.130). TheRequest 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 processmust 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 aPurchase Order through the Purchase Order System within the financial managementsystem. 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, asnecessary, to the contractor.


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Sample Request for Proposal

1.0 Introduction

1.1 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 Requestfor Proposal, and are capable of expanding to meet the Citys future needs, areencouraged to participate.

1.2 General Information about the City

The City is located in Placer County, California. It is the northernmost of the SouthPlacer County communities. It lies between Interstate 80 and Marysville along StateRoute 65, in the California foothill region.

The City was first incorporated in 1890 and has a current population of approximately22,500. It has a five-member council and a City Manager. The five members of the CityCouncil are elected at-large. They serve staggered four-year terms, with the Mayor beingrotated annually among the Councilmembers. The Council meets on the second andfourth Tuesday of each month. The City is organized into six departments. Key personnelare listed in Appendix A and an organizational chart is attached in Appendix B.

The vendors principal contact with the City will be [name of staff person], or adesignated representative, who will coordinate assistance to be provided by the City tothe vendor. City Hall is located at 640 Fifth Street, Lincoln, California 95648. The maintelephone number is (916) 645-3314. The fax number is (916) 645-[your fax].

2. Instructions

2.1 Purpose

The purpose of this Request for Proposal (RFP) is to provide interested vendors with thenecessary 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 USMail, in person, or express courier to the attention of the City Clerk. Two (2) copies ofthe proposal, in addition to the original, shall be submitted using the vendor proposal


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format specified in Section 4, Vendor Proposal Format. Proposals shall be received bythe City Clerk no later than 4:00 PM, September 20, 2002. Submissions after thisdeadline 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 statethe names of the individual(s) authorized to negotiate with the City and sign contracts onbehalf of the vendor.

Submissions shall be submitted and labeled as follows:

City of Lincoln640 Fifth StreetLincoln, CA 95648Attn: 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 RFPs schedule forrelease, submittal, evaluation and selection is summarized in section 5, ProposalSchedule.

2.4 Mandatory Pre-Bid Conference

The City will host a Pre-Bid Conference for interested vendors on [date and time] in themain conference room at City Hall, 640 Fifth Street, Lincoln. City officials and staff willbe available to answer questions and make clarifications relating to the RFP. Please donot bring any additional sales and information packets for City staff. The Pre-BidConference is designed to share questions and answers with all interested persons in ageneral question and answer forum. Attendance is mandatory. [Use this paragraph ifneeded]

2.5 Questions Related to this RFP

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


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Any vendors found to be soliciting other members of City staff or officials during thisRFP process may be automatically disqualified from any further consideration.

3.0 Conditions and Requirements

3.1 Hard Prices

Prices quoted by vendors will be firm prices, not subject to increase during the term ofthe 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 theexpiration 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 fromany vendor, in part or in whole. The City may select several vendors to provide allnecessary services.

3.3 Evaluation Criteria

The various significant factors that will be considered in the evaluation of proposals aresummarized below. The Citys final selection will not be dictated on any single factorsincluding price. The relative importance of these factors involves judgment on the part ofthe Citys RFP Team and will include both objective and subjective analysis. A vendormay 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 mustmeet 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 bythe due date as outlined in the proposal schedule . Late submissions or deliveryvia facsimile will not be considered.


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3.3.3 Comprehensiveness of Services Provided: The vendor must have the capability tomeet the required service levels described in this RFP.

3.3.4 Public Sector Experience & References: The vendors experience in providing

services to the public sector will be assessed as well as client references.

3.3.5 Strength and Stability of Vendor: The vendors financial strength and stabilitymay be assessed.

3.3.6 Assigned Relationship Management Team: The credentials and experience of staffassigned to our relationship will be assessed.

3.3.7 Charges: The amount of proposed charges will be assessed.

3.4 Right to Request Additional Information

During the evaluation process, the RFP Team and the City reserve the right, where it mayserve the best interest of the City, to request additional information and clarification fromvendors.

3.5 Right to Reject Any or All Proposals

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

3.6 Contracts

It is recognized that the formal basis of any agreement between the City and the vendor isa contract rather than a proposal. In submitting proposals, vendors must indicate that theyare 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 thesuccessful vendor. Vendors must submit a sample of all required contracts andagreements, including but not limited to purchase, upgrades and technical support.

3.7 Personnel

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

3.8 Rights to Submitted Materials


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All proposals, inquiries, responses, or correspondence related to or in reference to thisRFP, and all reports, charts, displays, schedules, exhibits, and other documentationsubmitted 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 anRFP has been sent. Such changes become an integral part of the RFP for incorporationinto any contract awarded pursuant to the RFP.

3.10 Insurance Requirements

For the duration of the contract, the vendor must procure and maintain insurance againstloss of property. The cost of such insurance is the vendors responsibility.

3.11 Additional Services

The minimum services are defined below. Upon final selection of the vendor, the scopeof 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 orin concert with any officer or employee of the City in connection with the award or termsof the Agreement that will be executed as a result of this RFP, including any method ofcoercion, 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 theAgreement or any work to be conducted as a result of the RFP. Violation of this Sectionshall be a material breach of the Agreement/Contract entitling the City to any and allremedies by law or in equity.

3.13 Non-Discrimination

The City maintains various policies related to contractual service providers. Amongthese is an anti-discrimination policy, which requires that our contractors not discriminatein 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 astatement affirming their compliance with this policy.

3.14 Conflict of Interest

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


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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 eachproposal adheres to the following format:

4.1 Letter of Transmittal

In the Letter of Transmittal, the vendor shall describe their understanding of the work tobe 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 negotiatewith 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 andpage 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 vendorbelieves are appropriate for the City. [attach Appendix D with existing system or projectspecs if appropriate]

The plan should indicate product features, and personnel skills or services, whichdistinguish this vendor and make it the better choice for the City. Address the ability tomeet system objectives as stated in section 3.3.1.

4.5 Vendor and Staff Profile Experience: Describe the vendors 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 needsof the City of Lincoln. Include a brief description of the services provided,


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how long such services have been provided and a contact person andtelephone number for each client described.

Relationship Management: Describe the team that will be assigned to serviceour relationship. Provide the name, title, experience and qualifications of eachindividual and the roles, responsibilities and a brief account of theircredentials 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 Date

Distribution of RFP

Mandatory Pre-Bid Meeting [if needed]

Final Date for Receipt of Proposals

Evaluation & Review

Notification to Vendors of ResultsFinalist Negotiations Complete

City Council Approval

5.1Distribution of RFP:The RFP will be mailed to prospective vendors on [day, date].

5.2Mandatory Pre-Bid Meeting: [if needed]The Citys RFP Team will meet collectively with vendor representatives seekingadditional information about this RFP. The meeting is mandatory to qualify for finalselection. Participating vendors are requested to contact [name and phone number ofcontact] to advise of their attendance. The meeting will be held in the main conferenceroom at City Hall, 640 Fifth Street.

5.3Final Date for Receipt of Proposals:Proposals must be received at City Hall no later than [time, date]. Proposals received inthe 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.


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5.4 Evaluation & Review:

The City Clerk will open all proposals on [day, date], at [time] at City Hall, 640 FifthStreet.

5.5 Notification to Vendors:

The RFP Team will recommend a vendor to the City Manager and a notification will besent to all participating vendors about the results of the review and the contract awardprocess.

5.6 Finalist Negotiations Complete:

The RFP Team will negotiate with the successful vendor on contract details withnegotiations 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 forapproval at their regularly scheduled meeting on Tuesday, [date].


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Appendix A

List of Elected Officialsand Administration

Elected Officials

Primo Santini Mayor

Spencer Short Mayor Pro Tem

Tom Cosgrove Councilmember

Kent Nakata Councilmember

Ray Sprague Councilmember

Sheron Watkins City Treasurer

Linda Stackpoole City Clerk

Article III. City ManagerArticle IV.Article V.

Article VI. Gerald F. Johnson City Manager

Article VII. Department Heads

Randy Graham Finance & Administrative Services Director

Rodney Campbell Community Development Director

John E. Pedri Public Works Director/City Engineer

Bill Smull Police Chief

Ray Solander Fire chief


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Section 7.01Appendix B

City of Lincoln

Organization Chart

Citizens of the

City of Lincoln

City CouncilCity Clerk RedevelopmentAgency

City Treasurer

City Attorney

Planning

Commission

Economic

Development

Committee

Parks &

Recreation

Commission

Library Board

City Manager

Fire DepartmentPolice

Department

Public Works

Department

Finance &

Administrative

Services

Community

Development

Public FinancingAuthority

Library

Development &

Engineering Svcs

PW Operations

Operations

Technical Svcs

Communications

Support Svcs

Operations

Fire Marshall

Rescue

Finance

Info Technology

Central Svcs

Planning

Building

Recreation

Clerical Support


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Appendix C

Certification of Proposal to the City of Lincoln

I. The undersigned hereby submits its proposal and, by doing so, agrees to furnishservices to the City in accordance with the Request for Proposal (RFP) and to bebound by the terms and conditions of the RFP.

II. This vendor has carefully reviewed its proposal and understands and agrees thatthe City is not responsible for any errors or omissions on the part of the vendorand that the vendor is responsible for these.

III. It is understood and agreed that the City reserves the right to accept or reject anyor all proposals and to waive any informality or irregularity in any proposalreceived by the City.

IV. The proposal includes all of the commentary, figures and data required by theRequest for Proposal.

V. This vendor has carefully read and understands all of the items contained inSection 3, Conditions and Requirements.

VI. The proposal by this vendor is an irrevocable offer and shall be valid for 120 daysfrom date of submission.

Name of Vendor: ________________________________________________________

By (Authorized Signature): __________________________ Date: ___________________

Name: ________________________________________________________________

Title: _________________________________________________________________

Address: ______________________________________________________________

______________________________________________________________

______________________________________________________________

Telephone Number: ______________________ Fax Number:____________________

EMAIL Address: ________________________________________________________


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Sample Services Agreement

SERVICE LOCATION: DATE : October 23, 2002

SUBMIT ALL INVOICES TO:

CITY OF LINCOLNFinance & Administrative Services640 Fifth StreetLincoln, CA 95648

Contractor Name: Concrete is Fun, Inc. Department: Finance & Admin ServAddress: 555 5

thStreet Contact: Randy Graham

Lincoln, CA 95648 Phone: (916) 645-4070 x 206

Telephone No: (916) 555-1222 Acct Code: 740-6880-50400-0000Fax No: (916-555-1223Email: [email protected]

Start Date Terms CompletionDate

InsuranceLimits

ContractAmount

November 1, 2002 Net 30 June 30, 2003 See Reverse $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 thePurchasing Clerk.

CONTRACTOR: CITY OF LINCOLN:

By: __________________________ By:__________________________(a) Randy Graham(b) The Contractor named hereon by the Finance & Administrative Services Director(c) Acceptance of this Order agrees to the(d) provisions on the reverse side.

Agreement Number:

NW Corner of 6th and F Streets


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Service Agreement Provisions:

1. Contractor shall defend, indemnify, and hold harmless the City of Lincoln, its officers, agents, and employees from allclaims, demands, or injury to persons (including bodily injury and death) or property connected with or arising out of

this Agreement or Contractors negligent acts or omissions in the performance of this Agreement, save andexcepting those injuries arising out of sole negligence of City.

2. Contractor is an independent contractor, and shall not be considered an officer, agent, or employee of City.

3. Without the written consent of the City, this Agreement is not assignable by Contractor either in whole or in part.

4. Time is of the essence of this Agreement.

5. This Agreement may only be amended or modified in writing. It is integrated and contains the completeunderstanding of the parties.

6. All equipment, supplies and services sold to the City of Lincoln shall conform to the general safety orders of the Stateof California.

7. Unless notified to the contrary, in writing, the City assumes that the Contractor has accepted the work in accordancewith the plans and specifications (if any) and agrees to do the work in compliance with this Agreement.

8. All prevailing wages and fair employment practices will be adhered to.

9a. Unless otherwise specified, the Contractor shall maintain the following policies of insurance in full force and effectduring the term of this Agreement in the amount shown below. The City of Lincoln retains sole discretion indetermining 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.

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

Automobile Liability Insurance including owned, hired, and Non-ownedvehicles.

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

Workers Compensation Statutory

9b. All insurance coverages of Contractor are primary insurance as to City. City shall not be required to contribute to anyloss 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 andresolution of any claim resulting from Contractors 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 theexecution of this agreement. The certificate shall provide at least 30 days prior written notice to City of any materialchange or cancellation. The certificate shall include an endorsement naming the City of Lincoln as an AdditionalInsured party.

9e. The Workers Compensation policy shall contain the insurers 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 aninterest in the contract awarded; b) Has been employed or retained to solicit or aid in the procuring of the resultingcontract; c) Will be employed in the performance of such contract without immediate disclosure of such fact to theCity.

City reserves the right to withhold any payments to Contractor in the event of noncompliance with insurance requirements.


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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 30

th.

The Contractor shall furnish all labor: The space below this sentence is used to enter adescription of the service. Using the example above, the description would be: Pour andfinish an additional pad for the bus shelter at 6

thand F Streets.

Signature Blocks: Obtain the contractors signature in the Contractor block. Forwardthe completed service agreement to the Purchasing Clerk, Central Services Division, forreview and to obtain the signature of the Finance & Administrative Services Director.


The contractors 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 informalbids are required to be attached to the agreement prior to processing by the CentralServices 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 befollowed. A copy of the bids and the Council action are required to be attached to theagreement 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 properjustification.

All Service Agreements shall be submitted to the Purchasing Clerk, Central ServicesDivision, for review and approval. Upon approval, the Purchasing Clerk willencumber the Service Agreement through the Purchase Order System within thefinancial management system. A copy of the purchase order and the signed ServiceAgreement will be returned to the Contact for their files and for distribution, asnecessary, to the contractor. The Purchasing Clerk will also submit a copy of the

completed Consultant Services Agreement to the City Clerk/Records Manager forscanning to LaserFiche.


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Sample Consultant Services Agreement

THIS AGREEMENT is made at Lincoln, California, as of October 23, 2002, by and between theCITY OF LINCOLN, a municipal corporation ("City") and Archaeological Resource Technicians, aCalifornia corporation ("Consultant"), who agree as follows:

1) Services. Subject to the terms and conditions set forth in this Agreement, Consultant shallprovide said services described in Exhibit A. Consultant shall provide said services at thetime, 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 atthe 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 thisAgreement. Consultant shall submit all billings for said services to City in the mannerspecified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usualand customary procedures and practices which Consultant uses for billing clients similar toCity.

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 maybe required for furnishing services pursuant to this Agreement. City shall furnish toConsultant only the facilities, equipment, and other materials listed in Exhibit C according tothe 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 orconditions of this Agreement, the other term or condition shall control insofar as it isinconsistent with the general provisions.

6) Exhibits. All exhibits referred to herein are attached hereto and are by this referenceincorporated herein.

7) Time for Performance. Time is of the essence and subject to City's compliance with ExhibitC. Failure of Consultant to perform any service within the time limits set forth in Exhibit Ashall constitute material breach of this Contract.


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Executed as of the day first above stated.

Archaeological Resource Technicians CITY OF LINCOLN,a California Corporation 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


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EXHIBIT A

SCOPE OF SERVICES

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


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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 FinanceDivision.

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 ofthis agreement.


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EXHIBIT C

Article VIII. FACILITIES, EQUIPMENT, AND OTHER MATERIALS

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


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EXHIBIT D

GENERAL PROVISIONS

1) Independent Contractor. At all times during the term of this Agreement, Consultant shall bean independent contractor and shall not be an employee of City. City shall have the right tocontrol Consultant only insofar as the results of Consultant's services rendered pursuant tothis Agreement; however, City shall not have the right to control the means by whichconsultant 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 forConsultant to practice its profession. Consultant represents and warrants to City thatConsultant shall, at its sole cost and expense, keep in effect or obtain at all times during theterm of this Agreement any licenses, permits and approvals which are legally required forConsultant 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 thisAgreement as may be reasonably necessary for satisfactory performance of Consultant'sobligations pursuant to this Agreement. Neither party shall be considered in default of thisAgreement 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 Cityfrom and against any and all claims arising out of the willful or negligent acts, errors oromissions 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 $1,000,000combined 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 fullforce 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 infull force and effect professional liability insurance for protection against claims allegingnegligent acts, errors or omissions which may arise from Consultants operations under thisAgreement, 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 aclaims-made annual aggregate basis.

The City, its officers, officials, employees and volunteers are to be named as additionalinsured on the Consultants general liability and automobile liability insurance policies.

Consultants general liability and automobile liability insurance coverage shall be primaryinsurance with respect to the City, its officers, officials, employees and volunteers. Anyinsurance or self-insurance maintained by the City, its officers, officials, employees orvolunteers shall be in excess of Consultants insurance and shall not contribute with it.


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(D) Cancellation. Each insurance policy required in this paragraph shall not be canceled orreduced in coverage or in limits except after thirty (30) days written notice has been receivedby 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 complywith the terms of the law of California concerning Worker's Compensation. Said complianceshall include, but not be limited to, maintaining in full force and effect one or more policies ofinsurance insuring against any liability Consultant may have for Worker's Compensation. TheWorkers Compensation Policy shall contain a waiver by the insurer of all rights ofsubrogation against the City, its officers, agents and employees.

7) Consultant Not Agent. Except as City may specify in writing, Consultant shall have noauthority, 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 bindCity to any obligation whatsoever.

8) Assignment Prohibited. No party to this Agreement may assign any right or obligationpursuant to this Agreement. Any attempted or purported assignment of any right or obligationpursuant to this Agreement shall be void and of no effect.

9) Personnel. Consultant shall assign only competent personnel to perform services pursuantto this Agreement. In the event that City, in its sole discretion, at any time during the term ofthis Agreement, desires the removal of any person or persons assigned by Consultant toperform services pursuant to this Agreement, Consultant shall remove any such personimmediately upon receiving notice from City of the desire of City for the removal of suchperson or persons.

10) Standard of Performance. Consultant shall perform all services required pursuant to thisAgreement 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 inwhich Consultant practices its profession. All products of whatsoever nature whichConsultant delivers to City pursuant to this Agreement shall be prepared in a substantial firstclass and workmanlike manner and conform to the standards or quality normally observed bya person practicing in Consultant's profession.

11) City Representative. The City Manager is the representative of the City and will administerthis Agreement for the City.

12) Termination. City shall have the right to terminate this Agreement at any time by givingnotice of such termination to Consultant. In the event City shall give such notice oftermination, Consultant shall immediately cease rendering services pursuant to thisAgreement.

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 recordingupon any tangible thing any form of communication or representation, including letters,words, pictures, sounds, or symbols, or combinations thereof.


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(B) City shall have full ownership and control of all such writings delivered by Consultantpursuant to this Agreement.

(C) City shall pay Consultant the reasonable value of services rendered by Consultantpursuant 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 forlost profits which might have been made by Consultant had Consultant completed theservices required by this Agreement. In this regard, Consultant shall furnish to City suchfinancial information as in the judgment of the City Manager is necessary to determine thereasonable value of the services rendered by Consultant. In the event of a dispute as to thereasonable value of the services rendered by Consultant, the decisions of the City Managershall be final. The foregoing is cumulative and does not affect any right or remedy which Citymay have in law or equity.

13) Non-Discrimination. Consultant shall comply with Section 122(a) of the State and LocalFiscal Assistance Act of 1972.

14) Conflict Of Interest. Consultant states that no City officer or employee, nor any businessentity in which they have an interest: a) Has an interest in the contract awarded; b) Has beenemployed or retained to solicit or aid in the procuring of the resulting contract; c) Will beemployed in the performance of such contract without immediate disclosure of such fact tothe City.

15) Ownership of Information. All professional and technical information developed under thisAgreement 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 serviceshereunder.

16) Attorney's Fees. If any party to this Agreement commences legal proceedings to enforce anyof its terms or for damages for its breach, the prevailing party shall be entitled to recover hisreasonable attorney's fees, including those incurred on appeal, if any.

17) Entirety of Agreement. This Agreement contains the entire agreement of City and Consultantwith respect to the subject matter hereof, and no other agreement, statement, or promisemade by any party, or to any employee, officer, or agent of any party, which is not containedin this Agreement shall be binding or valid. No supplement, modification, or amendment ofthis Agreement shall be binding unless executed by all parties in writing.

18) Counterparts. The partners may execute this Agreement in two or more counterparts, whichshall, in the aggregate, be signed by all the parties; each counterpart shall be deemed anoriginal instrument as against any party who has signed it.

19) Governing Law. This Agreement is executed and intended to be performed in the State ofCalifornia, 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 respectivesuccessors and assigns of the parties, except to the extent of any contrary provision in thisAgreement.

21) Severability. If any term, provision, covenant, or condition of this Agreement is held by acourt of competent jurisdiction to be invalid, void, or unenforceable, the remainder of theAgreement shall remain in full force and effect and shall in no way be affected, impaired, orinvalidated.


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Consultant Services Agreement Instructions

The purpose of the Consultant Services Agreement is to contract for one-time servicesthat have specific deliverables or where a well defined scope of work or services isnecessary. It is used by the Finance Division for encumbrance, and the subsequentposting of expenditures, in the financial management system.

Instructions

The Consultant Services Agreement is a standard form that has been reviewed by the CityAttorney and the Risk Manager. No deviations to the standard language shall be madewithout prior approval of the City Attorney.

Page 1, 1st

Paragraph: Fill in the date of the agreement in the first paragraph as well as thename of the contractor.

Page 1, Contract Period: Fill in the start date and the end date for the services to beperformed.

Page 2: This is a signature and budget authorization page. Fill in the name of thecontractor. 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 CentralServices 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 besubmitted to the Central Services Division for review. Central Services Divisions staffwill assign a contract number, work with you to identify the proper budget account codeand fill in the amount for encumbrance. The signature of the Finance & AdministrativeServices Director must be obtained prior to submission to the Council or to the CityManager for signature.

Page 3, Scope of Services: Fill in the complete scope of work to be provided by thecontractor. Attaching the contractors proposal to this contract is not acceptable.

Page 4, Time and Manner of Payment: Fill in the total cost of services. This will be theamount to be encumbered as shown on page 2 above. Fill in the number of days thecontractor has to complete the project.

Page 8, General Provision Section 12 (C): Fill in the total amount of the contract. Thisshould be the same as the total cost of services on page 4 above.


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If the amount of the service is to be $10,000 or more, the formal bid process must befollowed. A copy of the bids and the Council action are required to be attached to theagreement 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 PurchasingClerk will encumber the Consultant Services Agreement through the Purchase OrderSystem within the financial management system. A copy of the purchase order andthe completed Consultant Services Agreement will be returned to the Contact fortheir files and for distribution, as necessary, to the contractor. The Purchasing Clerkwill also submit a copy of the completed Consultant Services Agreement to the City

Clerk/Records Manager for scanning to LaserFiche.