Mayor: Janan Hebert Mayor Pro Tem: Jim Kopshever Member: David Alexander Member: Dennis Haworth Member: Isaac Jackson REQUEST FOR PROPOSAL FIXED ASSET IDENTIFICATION, APPRAISAL AND VALUATION RFP #12 101 SCOPE OF SERVICES Contact for this RFP: Wayne Padilla, Assistant City Administrator/CFO 130 South Second Street Chowchilla, Ca. 93610 559 665 8615 x101 wpadilla@ci.chowchilla.ca.us SUBMISSION DATE DECEMBER 6, 2012 BEFORE 3:30PM
SECTION DESCRIPTION PAGE ADVERTISEMENT 3 RFP INFORMATION AT A GLANCE 4 1.0 INTRODUCTION/BACKGROUND 5 2.0 GENERAL INFORMATION 5 2.1 CITY S RESERVATION OF RIGHTS 5 2.2 BIDDER S RESPONSIBILITIES CONTACT WITH CITY 6 2.3 NON CURABLE ITEMS 6 2.4 PROOF OF BUSINESS LICENSE 6 2.5 CAUSES FOR REJECTING PROPOSALS 6 2.6 METHOD OF CONTRACT AWARD 7 2.7 PROTESTS 7 3.0 SCOPE OF SERVICES 7 4.0 PROPOSAL FORMAT 10 4.1 LETTER OF INTEREST 10 4.2 NON CURABLE DOCUMENTS 10 4.3 EXECUTIVE SUMMARY/INTRODUCTION 11 4.4 QUALIFICATIONS STATEMENT 11 4.5 ORGANIZATION STRUCTURE/KEY PERSONNEL 11 4.6 EXPERIENCE 11 4.7 REFERENCES 11 4.8 WORK PLAN/PROJECT APPROACH 11 4.9 OTHER REQUIRED SUBMISSION DOCUMENTS 12 5.0 GENERAL INSTRUCTIONS 12 5.1 QUESTIONS 12 5.2 INTERPRETATION AND ADDENDA 12 5.3 DISCREPANCIES IN PROPOSALS 13 6.0 EVALUATION AND SELECTED CRITERIA 13 7.0 ADDITIONAL INFORMATION 13 7.1 INSURANCE REQUIREMENTS 13 7.2 EQUAL EMPLOYMENT OPPORTUNITY, AFFIRMATIVE ACTION STATEMENT 14 SAMPLE CONTRACT 15 INDEMNIFICATION AGREEMENT 23 AFFIDAVIT 24 2 of 24
City of Chowchilla 130 South Second Street Chowchilla, Ca. 93610 REQUEST FOR PROPOSAL/QUALIFICATIONS: FIXED ASSET IDENTIFICATION, APPRAISAL AND VALUATION SERVICES RFP #12 101 The City of Chowchilla (CITY) is soliciting proposals from qualified firms to perform FIXED ASSET IDENTIFICATION, APPRAISAL AND VALUATION SERVICES for CITY. The contract term will be negotiated with the successful proposer. Interested and qualified firms who have demonstrated their ability to successfully complete comparable work are invited to obtain a copy of the Scope of Services for this RFP from Wayne Padilla, Assistant City Administrator/CFO 130 South Second Street, Chowchilla, Ca. 93610 or by calling 559 665 8615 x 101. A pre proposal conference is scheduled for 10:00 am, November 27, 2012, at the CITY S offices located at the address noted above. A wet ink signature original and four (4) copies, plus one (1) electronic version of the proposal contained on a CD, using a Word or PDF format of the response to this RFP shall be received no later than 3:30 p.m. on December 6, 2012, and addressed to: City of Chowchilla Attn: Wayne Padilla 130 South Second Street Chowchilla, Ca. 93610 All responses shall be clearly marked City OF CHOWCHILLA SERVICES RFP #12 101 "REQUEST FOR PROPOSAL FIXED ASSET IDENTIFICATION, APPRAISAL AND VALUATION SERVICES." Bidders are hereby advised that they must comply with all state and federal regulations regarding fair hiring and employment practices. CITY reserves the right to accept or reject any and all proposals and to waive any informalities in the bidding process. No response shall be withdrawn for a period of ninety (90) days subsequent to the due date of the responses. 3 of 24
CITY CONTACT PERSON PRE PROPOSAL CONFERENCE HOW TO FULLY RESPOND TO THIS RFP BY SUBMITTING A PROPOSAL SUBMITTAL PROPOSAL SUBMITTAL RETURN & DEADLINE Wayne Padilla Telephone: (559) 665 8615 x101 Email: wpadilla@ci.chowchilla.ca.us DATE: November 27, 2012 TIME: 10:00 a.m. LOCATION: 130 S Second Street, Chowchilla, CA 93610 1. As instructed within Section 5.0 of the RFP document, submit one wet ink original, 4 hard copies, and one electronic version of your proposal to the City of Chowchilla, 130 S Second Street, Chowchilla, CA 93610 2. As instructed within Section 2.3, any submissions not including the Non Curable Items will be rejected. The proposal must be received in hand and timestamped by CITY on December 6, 2012 no later than 3:30 p.m. on the aforementioned date. 4 of 24
SECTION 1.0 INTRODUCTION/BACKGROUND The City of Chowchilla is a general law city established on February 7, 1923. The City is required to comply with Governmental Accounting Standards Board Pronouncement #34, which requires the CITY to establish an inventory of fixed assets and infrastructure that is appropriately valued based on its condition and the time it was placed into service. The CITY is approximately 7.7 square miles and has water, wastewater, storm drain and surface streets. There are no city owned bridges within the CITY limits. A more complete inventory is provided at the end of the RFP document. The goal of this RFP is to select the most qualified firm to perform the services described in Section 3 of this RFP. SECTION 2.0 GENERAL INFORMATION 2.1 CITY'S RESERVATION OF RIGHTS CITY reserves the right to reject any or all proposals, to waive any informality in the RFP process, or to terminate the RFP process at any time, if deemed by CITY to be in its best interests. CITY reserves the right not to award a contract pursuant to this RFP. CITY reserves the right to terminate a contract awarded pursuant to this RFP, at any time for its convenience upon ten (10) days written notice to the successful proposer(s). The CITY reserves the right to determine the days, hours and locations that the successful proposer(s) shall provide the services called for in this RFP. CITY reserves the right to retain all proposals submitted and not permit withdrawal for a period of ninety (90) days subsequent to the deadline for receiving proposals. CITY reserves the right to reject and not consider any proposal that does not meet the requirements of this RFP, including but not necessarily limited to incomplete proposals and/or proposals offering alternate or non requested services. CITY shall have no obligation to compensate any proposer for any costs incurred in responding to this RFP. CITY shall reserve the right to at any time during the RFP or contract process, prohibit any further participation by a proposer or reject any proposal submitted that does not conform to any of the requirements detailed herein. CITY reserves the right to award multiple contracts pursuant to this RFP. CITY reserves the right to make corrections, modifications, amendments and/or clarifications to this RFP. Nothing in this RFP and the subsequent contract shall grant or be interpreted as either party granting exclusive rights to the other party unless explicitly stated. 5 of 24
Increase or decrease the Scope of Work. 2.2 BIDDER'S RESPONSIBILITIES CONTACT WITH CITY It is the responsibility of the proposer to address all communication and correspondence pertaining to this RFP process to the designated Contract Coordinator, Wayne Padilla. Proposers must not make inquiry or communicate with any other CITY staff member or official (including members of the CITY Council) pertaining to this RFP. Failure to abide by this requirement may be cause for CITY to not consider a proposal submittal received from any proposer who has not abided by this directive. 2.3 NON CURABLE ITEMS The following requirements shall be considered mandatory items to be submitted at the time specified by the contracting unit for receipt of the proposal; the failure to submit any one of the mandatory items shall be deemed a fatal defect that shall render the proposal submission unresponsive and that cannot be cured by the governing body. 1. The required bid submittal documents provided in this RFP. 2. A listing of sub contractors that will be used to complete the Scope of Work. 3. A document acknowledging the receipt of any notice of revisions or addenda to this RFP. Each proposal form must give the full business address, business phone, fax, e mail (if available), the contact person of the Bidder, and be signed by an authorized representative as follows: Partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership followed by the signature and designation of the person signing. Submittals by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated and must contain the signature and designation of the president, secretary or other person authorized to bind the corporation in the matter. Said signature must be evidenced by the corporate seal. Sole proprietorship shall be signed by the proprietor. When requested, satisfactory evidence of the identity of the officer signing shall be furnished. 2.4 PROOF OF BUSINESS LICENSE The successful bidder shall be required to obtain a CITY of Chowchilla business license for the period covered by the contract and for a period of no less than one (1) year per the CITY s Municipal Code. If subcontractors are used, the general contractor shall be responsible for paying a license fee equal to the total revenues that are generated by the contract awarded for this project. 2.5 CAUSES FOR REJECTING PROPOSALS Proposals may be rejected for any of the following reasons: 1. Any non curable defects identified as shown in Section 2.3 of the RFP. 6 of 24
2. If more than one proposal is received from an individual, firm or partnership, corporation or association under the same or a different name. 3. Multiple proposals from an agent representing competing Bidders; 4. The successful Bidder fails to enter into a contract within twenty one (21) business days, unless otherwise agreed upon by the parties to the contract to extend that time. In this case, CITY may accept the proposal of the next highest scored responsible Bidder. A rejected proposal shall be DEEMED as NO PROPOSAL, and the proposal shall be returned to the Bidder. 2.6 METHOD OF CONTRACT AWARD 1. The length of the contract will be mutually negotiated based on the Scope of Service, the CITY s ability to provide necessary documentation and the successful bidder s time required to arrive on the CITY s premises to begin the work. Pursuant to the requirements of the California Government Code, any contract resulting from this proposal shall be subject to the availability and appropriation of sufficient funds annually. 2. The contract awarded shall be based on the enclosed sample contract. Terms of the specifications/proposal package prevail. Bidder exceptions must be formally accepted by CITY. 2.7 PROTESTS CITY s policy for Protests stipulates, "Any protest against a solicitation must be received before the due date for the receipt of bids or proposals, and any protest against an award of a contract must be received within five (5) calendar days after the award of a contract, or the protest shall not be considered. All protests shall be in writing, submitted to the City Administrator, who shall issue a written decision on the matter. SECTION 3.0 SCOPE OF SERVICES The City of Chowchilla is seeking Requests for Proposal from qualified firms to determine the original cost and accumulated depreciation for the CITY's capital assets as set forth by the capital asset reporting requirements of Governmental Accounting Standards Board (GASB) Statement 34 (GASB Statement #34), to establish a property control tracking system utilizing bar code technology, and to provide the means for accomplishing current regulatory reporting requirements including the calculation of future depreciation. The successful Bidder will appraise property, including fixed assets classified as land, land improvements, buildings, and machinery and equipment and any other assets later identified as to be included. A site inspection and physical inventory of all CITY facilities and developments will be completed. All valuations will be made in accordance with GASB Statement #34. The City of Chowchilla desires the consulting firm to perform the following services: 1. Project Description. 7 of 24
2. Objectives. A. Inventory Audit. A complete physical re inventory of all assets of CITY on a wall to wall basis with specific data of the equipment such as description, location, useful life, condition, etc. included in the results of the inventory. Inventory will consist of a detailed summary report of fixed assets by location indicating the value and a separate value for the property located within a building. These records should reflect historical cost plus full replacement insurance value and depreciated values. B. Software Use. CITY requires that its current software system, Caselle Fixed Assets Module be used as the fixed asset management system to control the acquisitions and disposition of fixed assets, track the relocation of these fixed assets, and to establish accountability for any loss or theft. CITY requires the successful Bidder to provide an assessment of Caselle s flexibility and functionality, as it exists today and how it will react in the future. Included in such assessment should be recommendations regarding Caselle s use, upgrade, expansion or replacement. To perform a physical inventory and audit and update CITY s records of assets for both insurance and GASB Statement #34 purposes. This includes providing reports, which assist CITY in fulfilling current fiscal reporting requirements ensuring compliance with GAAP, and providing depreciation reporting and valuation as required by GASB Statement #34. Asset groups shall be established as necessary to comply with GASB 34. CITY considers this project to contain the following five (5) major components: A. Fixed Asset Inventory System/Classification Recommendation. Bidder shall determine whether the CITY s current fixed asset software is capable of managing a fixed asset inventory system, which includes the classification, asset tagging process, and ongoing depreciation to conform to requirements of GASB Statement #34, and provide useful management information. In the event that Caselle is not found to be suitable for this purpose, Bidder shall identify one or more reasonable alternatives. B. Inventory Services. Bidder will be required to perform a comprehensive inventory of all fixed assets. During the inventory process, at a minimum, all of the following information will be captured: Asset Number (bar code) Asset Group Serial Number Location Department Manufacturer Model Date Placed Into Service Date Inventoried 8 of 24
Date Transferred Date Disposed All personal property items are to be tagged preferably with bar coded asset tags/labels, and coded with a seventeen digit coding pattern. The first two digits represent asset group; the next three digits the department/fund; another four digits location/cost center; another two digits represent location; another two digits represent asset type; and the last four digits run serially. Tags are to be affixed in a manner that they are clearly visible. Asset tags must include additional text: Property of City of Chowchilla and a readable location code supplied by CITY. XX XXX XXXX XX XX XXXX Group Dept/Fund Dept/Cost Location Asset Type Serial Tab Center Number Bidder will provide reasonable assurance that the inventory count performed is materially accurate and will include a copy of their quality control process with their response to this RFP. C. Fixed Asset Management System. In accordance with Bidder s initial analysis, the Bidder is to prepare a Capital Asset Register to be maintained by CITY's finance department. The report must be arranged in the order prescribed by CITY s IT department to be imported successfully into the Caselle Fixed Assets Module. D. Fixed Asset Valuation/Accounting System. For all capital assets identified during the inventory, Bidder will provide the following data: Historical cost for all buildings, machinery, equipment and infrastructure assets using what are realistic estimates, $5,000.00 aggregate acquisition threshold. These historical records shall be traceable to specific purchase orders/contracts and funding sources whenever possible. In the absence of the above records, Bidder may supply a reasonable estimate of historical cost or fair market value. E. Technical Support and Training. CITY requires ongoing technical during the life of the contract. support, manuals, training for CITY personnel, etc. 3. Current Operations. For purposes of this proposal and in accordance with CITY's policies, a capital asset will be defined as follows: Capital assets are real or personal property that have a historical or fair market value equal to or greater than $5,000.00 (cumulative value for components) for a particular classification of the 9 of 24
asset and have an estimated life of greater than one (1) year. CITY has invested in a broad range of capital assets used in its operations, including: A. Land and Land Improvements. B. Investment in Land. C. Buildings and Building Improvements. D. Site Improvements. E. Work in Progress (WIP). F. Utility Infrastructure. G. Furniture and Fixtures (owned) H. Machinery and Equipment (owned). I. Software developed or obtained for internal use. J. Vehicles. K. Street & Road Improvements. 4. Time for Completion. It is anticipated that the term of the contract will be for a period of no more than twelve (12) months. CITY may decide to enter into a new contract or extension with the successful Bidder for further enhancements or customizations subject to City Council approval, cost and the availability of funds. If necessary, written notice of CITY's intention to extend the contract shall be given approximately ninety (90) days prior to the expiration date of the initial contract period. If CITY elects to exercise the option to extend the contract, the contract price for the period of time shall be negotiated between CITY and BIDDER. SECTION 4.0 PROPOSAL FORMAT The purpose of the Proposal is to demonstrate the qualifications, service level, and cost for services, competency and capacity of the organizations seeking to be hired for this scope of work for The City of Chowchilla. The proposal should address all the points outlined here as required: 4.1 LETTER OF INTEREST: This letter must include the name of the Bidder, the location of the principal place of business, the type of business entity (e.g., corporation, partnership), and the state of organization. The name and contact information of the primary contact person must accompany the submission. The letter should summarize briefly the firm and principal team members' qualifications and experience relevant to this RFP. 4.2 NON CURABLE DOCUMENTS: Listing of sub contractors and certification form A signed listing of all sub contractors to be used and completion of certification form. Acknowledgement of Receipt of Addenda/Clarifications A document provided by the CITY for the bidder to acknowledge the bidder's receipt of any notice, revisions, addenda or clarifications to the advertisement or proposal documents. 10 of 24
4.3 EXECUTIVE SUMMARY/INTRODUCTION: The Executive Summary or Introduction should provide a description of the scope of services to be performed and list all proposed sub consultants, who will be used to accomplish this scope of work, if any. The summary should include a brief description of the firm's organizational structure and resumes of key personnel expected to work on or provide technical assistance for this project. The work plan, programmatic goals, and delivery methods should also be addressed here. 4.4 QUALIFICATIONS STATEMENT: The Bidder must submit a certification affirming the following information relative to their Team's composition, qualifications and experience: 1. Bidder meets the independence requirements of Government auditing standards. 2. Bidder does not have a record of substandard work on similar assignments. 3. Bidder meets all local and state qualifications to perform this type of engagement. 4.5 ORGANIZATION STRUCTURE/KEY PERSONNEL: Bidder shall provide a detailed description of bidder s organizational layout and staffing. information provided should include, but need not be limited to, the following: The 1. Brief history of organization, including size and any specialty areas; 2. Background organization data, including financial references; 3. Particular expertise or involvement in the industry; and 4. Municipal experience. 4.6 EXPERIENCE: Bidder shall submit written and/or graphic evidence of no more than five (5) significant projects that Bidder and its identified project manager have completed that are similar in scope to the Project(s) described in this RFP. Bidder is responsible for establishing in this section the relevance of a listed project to the scope of work shown in this RFP. Bidder should not include previous engagements with City of Chowchilla as experience. 4.7 REFERENCES: Provide current references from no more than three (3) organizations or clients that can address your specific capabilities as they relate to the requirements of the RFP from the list of five (5) previous projects listed above. Reference information must include the following minimum information: 1. Contact names, titles and telephone numbers of contacts with first hand knowledge of your firm s work on the related project. 4.8 WORK PLAN/PROJECT APPROACH: Provide a description of the work plan proposed to carry out the major tasks needed to bring the proposed project to completion. It should provide a detailed outline of the approach and not simply 11 of 24
reiterate the Scope of Work described in this RFP. 4.9 OTHER REQUIRED SUBMISSION DOCUMENTS: Each Bidder is required to submit, in addition to those listed in items 4.1 4.8, the documents included in the Submission Documents package. These include: Cost Proposal (form included; BIDDER to provide a single copy in sealed envelope) Although cost is not the sole determining factor CITY will use to select a firm; cost is an important part of the proposal and shall be considered when determining the winning bid. Liens, suits or judgments submit notarized statement on the firm s letterhead, indicating a description of any disputes, suites, judgments and liens during the past two (2) years. If this is not applicable, the so state. SECTION 5.0 GENERAL INSTRUCTIONS Proposal Submission deadline is December 6, 2012. It is the Bidder's responsibility to ensure that proposals are presented to the CITY at the time and at the place designated. Proposals may be hand delivered or mailed; however, the owner disclaims any responsibility for proposals forwarded by regular or overnight mail. If the proposal is sent by express mail service, the designation above must also appear on the outside of the express mail envelope. Proposals received after the designated time and date will be returned unopened. Bidders are asked to submit a wet ink original and four (4) copies, plus one (1) electronic version of the proposal contained on a CD, using a Word or.pdf format addressed to CITY OF CHOWCHILLA; bearing the name and address of the Bidder written on the face of the package, and clearly marked "PROPOSAL" with the RFP title and proposal #. 5.1 QUESTIONS All questions and requests for information must be addressed in writing to Wayne Padilla, Assistant City Administrator. The deadline for receipt of questions pertaining to this proposal will be 3:00 PM on November 30, 2012. All communications pertaining to this RFP shall be addressed to City of Chowchilla, 130 South Second Street, Chowchilla, CA 93610 or by email to wpadilla@ci.chowchilla.ca.us The Assistant City Administrator will respond to all such inquiries in writing, by addendum to all prospective proposers (i.e. Firms or individuals that have obtained the RFP Documents). During the RFP solicitation process, CITY will NOT conduct any ex parte (a substantive conversation "substantive" meaning, when decisions pertaining to the RFP are made between CITY and a prospective proposer when other prospective proposers are not present) conversations that may give one prospective proposer an advantage over other prospective proposers. 5.2 INTERPRETATION AND ADDENDA: The Bidder should rely only on representations, statements or explanations, contained in this RFP, any documents that the CITY has provided the Bidder, which are referred to in this RFP, and in such formal written addenda as are issued by the CITY prior to the Proposal Submission Deadline. 5.3 DISCREPANCIES IN PROPOSALS 12 of 24
If the amount shown in words and its equivalent in figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used. In the event that there is a discrepancy between the individual rates and the extended totals, the rate prices shall prevail. In the event there is an error of the summation of the extended totals, the computation by the owner of the extended totals shall govern. SECTION 6.0 EVALUATION AND SELECTION CRITERIA All proposals will be evaluated through consideration of several evaluation factors. The Bidders will be scored on a one hundred (100) point scale. The "Evaluation Committee" will review and score Bidders' proposals in accordance with the following evaluation criteria as set below: SELECTION CRITERIA SCORE * Previous Experience/Performance (Section 4.6) 20 * Price/Rates 15 * Work Management Plan/Plan Implementation (Section 4.8) 25 * Qualifications/Relevant Experience (Section 4.4) 25 * Overall Completeness of Proposal 15 OVERALL SCORE 100 The CITY will make an award to the responsible Bidder whose offer conforms to the solicitation and is most advantageous to CITY (i.e., that which represents the best value to CITY), cost or price and other factors considered. SECTION 7.0 ADDITIONAL INFORMATION 7.1 INSURANCE REQUIREMENTS Before the commencement of services under this project, the Bidder shall furnish to the CITY certificates of insurance showing that the following insurance is in force, stating policy numbers, dates of expiration, limits of liability, deductibles, and aggregate amounts payable hereunder. Certificates of insurance must contain a 30 day cancellation clause and a brief description of the work to be performed. The CITY shall be named as an additionally insured in the Comprehensive General Liability Insurance policy. a. Worker's Compensation and Employer's Liability Insurance according to the laws of the State of California. b. Professional Liability Insurance covering claims made at any time prior, during, or subsequent to completion of the Bidder's services with a limit of not less than $1,000,000.00 with a deductible not more than $10,000.00. c. Comprehensive General Liability Insurance (bodily injury and property damage coverage) covering claims made at any time prior, during, or subsequent to completion of the Bidder's services with a limit of not less than $2,000,000.00 with a deductible not more than $10,000.00. d. Comprehensive Automobile Liability Insurance for $1,000,000.00 combined single limit for bodily injury and property damage covering non owned and hired vehicles, as well as for owned vehicles. e. Where an amendment to the policies is required as a result of a contract with the CITY, the 13 of 24
amendment shall be made prior to the signing of said contract. The Bidder shall require each of the sub consultants to furnish them with certificates of insurance evidencing current policies in force stating policy numbers, dates of expiration, limits of liability, deductibles, and aggregate amounts payable there under. These shall be submitted to CITY for review and approval prior to commencement of the sub consultant's activities. Certificates of insurance are to be forwarded to the CITY upon receipt. CITY shall be named as an additional insured party on these certificates. 7.2 TERMINATION OF CONTRACT 1. If, through any cause, the Bidder shall fail to fulfill in a timely and proper manner obligations under the contract or if the Bidder shall violate any of the requirements of the contract, CITY shall there upon have the right to terminate the contract by giving written notice to the Bidder of such termination and specifying the effective date of termination. Such termination shall relieve CITY of any obligation for balances to the contractor of any sum or sums set forth in the contract. CITY will pay only for goods and services accepted prior to termination. 2. Notwithstanding the above, the Bidder shall not be relieved of liability to CITY for damages sustained by the CITY by virtue of any breach of the contract by the Bidder and the CITY may withhold any payments to the Bidder for the purpose of compensation until such time as the exact amount of the damage due CITY from the Bidder is determined. 3. The Bidder agrees to indemnify and hold the CITY harmless from any liability to subconsultants/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by CITY under this provision. 4. In case of default by the Bidder, CITY may procure the goods or services from other sources and hold the Bidder responsible for any excess cost. 5. Continuation of the terms of the contract beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, CITY reserves the right to cancel the contract. 6. ACQUISITION, MERGER, SALE AND/OR TRANSFER OF BUSINESS, ETC. It is understood by all parties that if, during the life of the contract, the Bidder disposes of his/her business concern by acquisition, merger, sale and or/transfer or by any means convey his/her interest(s) to another party; all obligations are transferred to that new party. In this event, the new owner(s) will be required to submit all documentation/legal instruments that were required in the original proposal/contract. Any change shall be approved by CITY. The Bidder will not assign any interest in the contract and shall not transfer any interest in the same without the prior written consent of CITY. 7. CITY may terminate the contract for convenience by providing 30 calendar days advanced notice to the Bidder. 14 of 24
PART II SECTION 1 SAMPLE CONTRACT 15 of 24
SAMPLE CONTRACT FOR SERVICES THIS CONTRACT, entered into on the day of in the year Two Thousand and Twelve, by and between the CITY OF CHOWCHILLA, a body corporate and politic, organized and existing under and by virtue of the laws of the State of California, having its principal place of business at 130 South Second Street, in the City of Chowchilla, County of Madera and State of California, hereinafter called "CITY", and,, a corporation organized and existing under the laws of the State of, with its principal place of business at, in the City of (CITY), County of (COUNTY) and State of (STATE) hereinafter called "CONSULTANT''. The CITY solicited proposals from qualified firms to perform fixed asset identification, appraisal and valuation services for the CITY. The CITY has accepted the proposal of the Consultant to perform said work. Said proposal becomes part of this contract. Both parties are mutually desirous of entering into a contract as follows. ARTICLE 1: SCOPE OF SERVICES The scope of services shall include, but not be limited to, the following: The City of Chowchilla is seeking Proposals from interested persons and/or firms to determine original cost and depreciation on CITY's capital assets as set forth by the capital asset reporting requirements of Governmental Accounting Standards Board (GASB) Statement 34 (GASB Statement #34), to establish a property control tracking system utilizing bar code technology, and to provide current regulatory reporting requirements. The successful Bidder will appraise property, including fixed assets classified as land, land improvements, buildings, machinery, equipment, utility infrastructure and any other assets later identified as to be included. A site inspection and physical inventory of all CITY facilities and developments will be completed. All valuations will be made in accordance with GASB Statement #34. The City of Chowchilla desires the consulting firm to perform the following services: 1. Project Description. A. Inventory Audit. A complete physical inventory of all assets of CITY on a wall to wall basis with specific data of the equipment such as description, location, useful life, condition, etc. included in the results of the inventory. Inventory will consist of a detailed summary report of fixed assets by location indicating the value and a separate value for the personal property located within a building. These records should reflect historical cost plus full replacement insurance value and depreciated values. B. Software Use. The CITY requires that its current software system, Caselle Fixed Assets Module Account be used as the fixed asset management system to control the acquisitions and disposition of fixed assets and to establish accountability for any loss or theft. CITY requires the successful Bidder provide an assessment of Caselle s flexibility and functionality as it exists today and how it will react in the future. 16 of 24
2. Objectives. Included in such assessment should be recommendations regarding Caselle use, upgrade, expansion or replacement. To perform a physical inventory and audit and update CITY's records of assets for both insurance and GASB Statement #34 purposes. This includes providing reports which assist CITY in fulfilling current fiscal reporting requirements ensuring compliance with GAAP and providing depreciation reporting and valuation as required by GASB Statement #34. Asset groups shall be established as necessary to comply with GASB 34. CITY considers this project to contain the following five (5) major components: A. Fixed Asset Inventory System/Classification Recommendation. Bidder shall determine whether the CITY s software is capable of managing a fixed asset inventory system, which includes the classification, asset tagging process, and on going depreciation to conform to requirements of GASB Statement #34, and provide useful management information. In the event that Caselle is not found to be suitable for this purpose, Bidder shall identify one or more reasonable alternatives. B. Inventory Services. Bidder will be required to perform a comprehensive inventory of all fixed assets. During the inventory process, at a minimum, all of the following information will be captured: Asset Number (bar code) Asset Group Serial Number Location Department Manufacturer Model Date Placed Into Service Date Inventoried Date Transferred Date Disposed All personal property assets are to be tagged preferably with bar coded asset tags/labels, and coded with a seventeen digit coding pattern. The first two digits represent asset group; the next three digits the department/fund; another four digits location/cost center; another two digits represent asset type; another two digits represents location; and the last four digits run serially. Tags are to be affixed in a manner that they are clearly visible. Asset tags must include additional text: "Property of the City of Chowchilla. XX XXX XXXX XX XX XXXX Group Dept/Fund Dept/Cost Location Asset Type Serial Tab Center Number 17 of 24
Bidder will provide reasonable assurance that the inventory count performed is materially accurate and will include a copy of their quality control process with their response to this RFP. C. Fixed Asset Management System. In accordance with Bidder s initial analysis, the Bidder is to prepare a Capital Asset Register to be maintained by CITY's finance department. The report must be arranged in the order prescribed by CITY s IT department and formatted in a manner allowing the data to be imported successfully into Caselle s Fixed Assets Module. D. Fixed Asset Valuation/Accounting System. For all capital assets identified during the inventory, Bidder will provide the following data: Historical cost for all buildings, machinery, equipment and infrastructure assets using a $5,000.00 aggregate acquisition threshold. These historical records shall be traceable to specific purchase orders/contracts and funding sources. In the absence of the above records, Bidder may supply an estimated historical cost or fair market value. E. Technical Support and Training. CITY requires technical support, manuals, training for CITY personnel, etc. during the life of the contract. 3. Current Operations. For purposes of this proposal and in accordance with CITY's policies, a capital asset will be defined as follows: Capital assets are real or personal property that have a historical or fair market value equal to or greater than $5,000.00 for a particular classification of the asset and have an estimated life of greater than one (1) year. CITY has invested in a broad range of capital assets used in its operations, including: A. Land and Land Improvements. B. Investment in Land. C. Buildings and Building Improvements. D. Site Improvements. E. Work in Progress (WIP). F. Utility Infrastructure G. Furniture and Fixtures (owned) H. Machinery and Equipment (owned). I. Software developed or obtained for internal use. J. Vehicles. K. Street & Road Improvements 4. Time for Completion. 18 of 24
It is anticipated that the term of the contract will be for a period of six (6) months. CITY may decide to enter into a new contract or extension with the successful Bidder for further enhancements or customizations subject to City Council approval, cost and the availability of funds. If necessary, written notice of CITY's intention to extend the contract shall be given approximately ninety (60) days prior to the expiration date of the initial contract period. If CITY elects to exercise the option to extend the contract, the contract price for the period of time shall be negotiated between CITY and BIDDER. ARTICLE 2: INSURANCE Before commencing work, the Consultant shall furnish to the CITY certificates of insurance showing that the following insurance is in force, stating policy numbers, dates of expiration, limits of liability, deductibles and aggregate amounts payable hereunder. Certificates of insurance must contain thirty (30) day written cancellation clause and a brief description of the work to be performed. The CITY shall be named additional insured on all policies. Certificates shall be submitted to the CITY and must be approved before work commences. Worker's Compensation and Employer s Liability Insurance, in accordance with the laws of the State of California. Comprehensive General Liability Insurance coverage/bodily injury and property damage covering claims made at any time prior, during, or subsequent to completion of the Consultant s services with a limit of not less than $2,000,000 with a deductible not more than $10,000. Comprehensive Automobile Liability Insurance for $1,000,000 combined single limit for bodily injury and property damage covering non owned and hired vehicles, as well as owner vehicles. Professional Liability Insurance covering claims made at any time prior, during, or subsequent to completion of the Consultant's services with a limit of not less than $1,000,000 with a deductible not more than $15,000. The Consultant shall require each of his or her sub consultants to furnish him or her with certificates of insurance evidencing current policies in force stating policy numbers, dates of expiration, limits of liability, deductibles and aggregate amounts payable hereunder. These shall be submitted to CITY for review and approval prior to commencement of the sub consultant's activities. Certificates of insurance are to be forwarded to the CITY upon receipt. CITY shall be named as an additional insured party on these certificates. All policies terms, conditions, and limits shall be the same as stated for Consultant. ARTICLE 3: TIME OF COMPLETION The consultant shall commence work under this contract on the date specified in the written Notice to Proceed issued by the CITY. ARTICLE 4: COMPENSATION AND METHOD OF PAYMENT The CITY shall pay the Consultant for services to be rendered under this contract in accordance with the schedule of rates as stated in the Consultant's proposal dated DATE. Payment shall be in current funds, subject to additions and deductions as provided in the contract documents, a not to exceed amount of 19 of 24
(AMOUNT WRITTEN IN WORDS) ($xxx,xxx.xx). Payments of the Consultant's work shall be made on a monthly basis following presentation of the Consultant's invoice for services rendered to date. The award of this contract is subject to approval of the Chowchilla City Council and the continuing availability of funds after approval. This also includes any payment as a result of litigation of any dispute flowing from the award of this contract. Further, any change orders amounting to more than 20% must be approved by action of the Chowchilla City Council. ARTICLE 5: MISCELLANEOUS REQUIREMENTS TERMINATION FOR DEFAULT: If, through any cause, the Consultant shall fail to fulfill in a timely and proper manner his obligations under this Contract or violate any statute or regulation, or if the Consultant shall violate any of the covenants, agreements or stipulations of this Contract, the CITY shall thereupon have the right to terminate this Contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Consultant under this Contract shall, at the option of the CITY, become its property and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Consultant shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the Contract by the Consultant, and the CITY may withhold any payments to the Consultant for the purpose of setoff until such time as the exact amount of damages due the CITY from the Consultant is determined. COVENANT AGAINST CONTINGENT FEES: The Consultant warrants that he has not employed any person to solicit or secure this Contract upon any contract for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the CITY the right to terminate this Contract, at its discretion, for default. TERMINATION FOR CONVENIENCE: The CITY may terminate this Contract any time by a notice in writing from the CITY to the Consultant. If the Contract is terminated by CITY as provided herein, the Consultant shall be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Consultant covered by this Contract, less payments of compensation previously made provided, however, that if less than sixty percent (60%) of the services covered under this Contract have been performed upon the effective date of such termination, the Consultant shall be reimbursed (in addition to the above payment) for that portion of the actual out of pocket expenses (not otherwise reimbursed under this Contract) incurred by the Consultant during the contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to fault of the Consultant, the above section hereof relative to termination shall apply. CHANGES: The CITY may, from time to time, request changes in the scope of services of the Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between the CITY and the Consultant, shall be incorporated in written amendments to this Contract. ASSIGNMENT OF CONTRACT: The Consultant shall not assign or transfer any interest in this Contract; except that claims for monies due or to become due from the CITY under the contract may be assigned to a bank, trust company, or other financial institution. Such assignments of claims shall only be made with the written concurrence of the CITY. 20 of 24
INTEREST OF MEMBERS OF CONGRESS: No member of or Delegate to the Congress of the United States, and no City Council Member, shall be admitted to any share or part of this Contract or to any benefit to arise there from. INTEREST OF MEMBERS, OFFICERS, OR EMPLOYEES AND FORMER MEMBERS, OFFICERS, OR EMPLOYEES: No officer, or employee of the CITY, no member of the Chowchilla City Council shall during his/her tenure, or for one year thereafter, have any interest, direct or indirect, in any contract or the proceeds thereof. SUBCONTRACTING: None of the services covered by this Contract shall be subcontracted without the prior written consent of the CITY. The Consultant shall be as fully responsible to the CITY for the acts and omissions of his sub consultants, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.. COMPLIANCE WITH ALL APPLICABLE LAWS: The Consultant shall comply with all applicable laws, ordinances, regulations and codes of the Federal, State and local governments, and shall not trespass on any public or private property in performing any of the work embraced by this Contract. 21 of 24
ARTICLE 6: CONTRACT DOCUMENTS Contract documents shall consist of the following component parts: a) This Instrument b) Indemnification Agreement c) Request for Proposals/Qualifications# d) Proposal submitted by the Consultant by 12/6/12 deadline e) Disclosure of liens, suits or judgments This instrument, together with the other documents enumerated in Article 6, are as fully a part of the Contract as if hereto attached or herein repeated. In the event that any provision in one of the component parts of this Contract conflicts with any provision of any other component part, the provision in the component part first enumerated shall govern, except as otherwise specifically stated. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the day and year first above written. CONSULTANT: ATTEST: (Consultant) Approved as to Form and Legality: Thomas E. Ebersole, City Attorney City of Chowchilla CITY OF CHOWCHILLA Mark Lewis, City Administrator 22 of 24
INDEMNIFICATION AGREEMENT This agreement made this day of, 2012, between the CITY OF CHOWCHILLA and (Consultant) in the County of and State of. WHEREAS, CONSULTANT has been contracted by the City of Chowchilla to perform personal services in accordance with the Contract Documents and all applicable laws; and, WHEREAS, parties hereto seek to protect the CITY OF CHOWCHILLA and all potential claims arising from any willful or negligent act of omission of the Consultant, and Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. NOW, THEREFORE, CONSULTANT hereby agrees to save and indemnify and keep harmless the CITY OF CHOWCHILLA against all liability for claims, demands, judgments and damages including personal and property damage arising from any act by, or willful malfeasance or negligence of CONSULTANT or its Subcontractors, agents or employees, while in or about the buildings or premises and further agrees to indemnify the CITY OF CHOWCHILLA and/or its agents. Signed and Sealed this day of, 2012. CONSULTANT: ATTEST: (Consultant) Approved as to Form and Legality: Thomas E. Ebersole, City Attorney City of Chowchilla CITY OF CHOWCHILLA Mark Lewis, City Administrator 23 of 24
AFFIDAVIT STATE OF COUNTY OF On (DATE) before me, (insert name and title of the officer) personally appeared ((insert name/company), who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of the foregoing paragraph is true and correct. that WITNESS my hand and official seal. Signature (seal) 24 of 24
RFP #12-101 Proposal Submission Document Checklist 1).* Executive Summary / Introduction Limit to no more than 5 pages. 2). Certification of Qualifications 3).* Organization Structure / Key Personnel Limit to no more than 5 pages. 4).* Experience Limit to no more than 5 pages 5).* References Provide current references from 3 agencies for which similar work has been performed. Provide a current contact at each agency who worked closely with Consultant on the assignment. Provide contact s name, job title, phone number and e-mail address (if available). 6).* Work Plan / Approach Provide a thorough description of the proposed approach to completing this Scope of Work. Do not merely repeat the Scope of Work. 7). Cost Proposal Use only the form provided for this purpose. Provide one original of this document in a sealed envelope labeled, Cost Proposal RFP 12-101 8). Notarized Statement regarding liens, suits, judgments in accordance with Section 4.9 of the RFP. *represents items that are to be submitted on Consultant s letterhead.
Certification of Qualifications In submitting this proposal in response to RFP #12-101, I hereby certify that does not have a previous record of failing to satisfactorily perform work of a scope and nature similar to that which is identified in the Scope of Work section of this RFP. Signed: Title: Date:
RFP #12-101 Cost Proposal from (firm name) Fee for Asset Inventory and tagging: (This includes the cost of establishing asset groups & Sub-groups as necessary in order allow the logical Identification of similar items and components of Infrastructure systems and sub-systems) Fee for determining the usefulness of Caselle Clarity as the city s fixed asset tracking software: Fee for Establishing Carrying Value of Asset: Fee for Determining Cumulative Depreciation on per Asset basis: Fee for Creating Detailed Report that can be uploaded Electronically into Caselle Clarity to populate the fixed Asset module (If Caselle Clarity is not the chosen module, then the upload will be made to another suitable software product.) $ $ $ $ $ Other Fees not delineated above: $ List basis for other fees below: (Use one additional page if necessary for other fees ) Total Proposed Fees: $ By signing this document, the signer agrees to bind his/her firm to the pricing, terms and conditions outlined in the submitted proposal and further, the signer attests to their ability to create such an obligation on behalf of their firm. Signed: Date: Printed Name: Title: