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HomeMy WebLinkAbout113275 ALLER-LINGLE MASSEY ARCHITECTS - PURCHASE ORDER - 9955240 (3)Fort Collins Date: 09/16/2011 PURCHASE ORDER Vendor: 113275 ALLER-LINGLE MASSEY ARCHITECTS 712 WHALERS WAY BLDG B SUITE 100 FORT COLLINS Colorado 80525 PO Number Page 9955240 1of2 This number must appear on all invoices, packing slips and labels. Ship To: TRANSPORTATION PLANNING & 281 NORTH COLLEGE FORT COLLLINS Colorado 80524 Delivery Date: 08/27/2009 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 13 change Order 4 V City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com 1 LOT EA Total Invoice Address: 2,505.00 $2,505.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 15) Contract Term Limitation The contract period of performance for rolling stock and replacement parts does not exceed five (5) years inclusive of options without prior written FTA approval. For all other types of contracts, the procurement file contains evidence that the contract term is based on sound business judgment. 18) Award to Responsible f% �/ E 5• Contractor The City made a determination that it was -2)awarding ,A to a responsible contractor considering such matters as contractor integrity, compliance with public policy, record 3 "(£ S• of past performance, and financial and technical resources. 1. Appropriate Financial, equipment, facility /,) /e L 7�• _l and personnel. (Y/N) 7 2. Ability to meet delivery schedule. (Y/N) 3. Satisfactory period of performance. (Y/N) 4. Satisfactory record of integrity, not on declined or suspended listings. (Y/N) 5. Receipt of all necessary data from < vendor. (Y/N) 19) Sound and Complete Agreement c This contract is a sound and complete agreement. In addition, it includes remedies for breach of contract and provisions covering termination for cause and convenience. 24) Clear, Accurate, and Complete �! Specification A complete, adequate, and realistic specification or purchased description was available and included any specifications and pertinent attachments which define the items or services sought in order for the bidder to properly respond. 38) Sole Source if other Award is Infeasible 7f The contract file contains documentation that award of a contract was infeasible under small purchase procedures, sealed bids, or .competitive proposals and at least one of the following circumstances applies: (1) The item was available only from a single source. (Verify prices are no higher than price for such item by likely customers.) (2) Public exigency for the requirement did not permit a delay resulting from a competitive solicitation. (3) An emergency for the requirement did not permit a delay resulting from a competitive solicitation. (4) The FT A authorized noncompetitive negotiations. (5) Competition was determined inadequate after solicitation of a number of sources. 39) Cost Analysis Required G �' Cost analysis and profit negations were C performed (initial award and modifications) And documented for price reasonableness was established on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or on the basis of prices set by law or regulation. 40) Evaluation of Options The option quantities or periods contained in N the contractor's bid or offer were evaluated in order to determine contract award. (To be eligible for Federal funding, options must be evaluated as part of the price evaluation of offers, or must be treated as sole source awards. 42) Written Record of Procurement r 5 f History The file contains records detailing the history of this procurement. At a minimum, these records include: (1) the rationale for the method of procurement, Z /= 1 f� C�-„��in `,�. 0' (2) Selection of contract type, (3) reasons for contractor selection or T/�-5IL 62 ..JD,t `j,}� hi. A, /�£s rejection, and Yi ��_ 4 the basis for the contract rice. 43) Exercise of Options The grantee exercised an option on this O contract adhering to the terms and conditions of the option stated in the contract and determined that the option price was better than prices available in the market or that the option was a more advantageous offer at the time the option was exercised. If an option was not exercised under this contract, check NA. 44) Out of Scope Changes The grantee amended this contract outside "( the scope of the original contract. The �5 amendment was treated as a sole source �`5 ps.r procurement (complying with the FTA requirements for a justification, cost analysis and profit negotiation). 45) Advance Payment Provisions The contractor did not receive an advance payment utilizing FTA funds and the contract N� does not contain advance payment provisions or, if it did, prior written concurrence was obtained from FTA. 46) Progress Payment Provisions The contract contains progress payments G� based on costs incurred (as opposed to f percent of completion) and the contract contains a provision giving the grantee title to property (materials, work in progress, and finished goods) for which progress payments are made. The contract may contain other security in lieu of obtaining title. 47) Time and Materials Contracts N This is a time and materials contract; the grantee determined that no other type of contract is suitable; and the contract specifies a ceiling rice. 48) Cost Plus Percentage of Cost This is not a cost plus a percentage of cost type contract. 49) Liquidated Damages Provisions This contract contains liquidated damages N provisions and the assessment for damages is specified in the contract at a specific rate per day for each day of overrun in contract time. 50) Piggybacking Nv 1) The file contains: Assignability provisions. 2) The procurement file contains: Price reasonableness determination. 56) Clauses cis TN PO - This contract contains the appropriate FTA required clauses. Excluded Parties Search P7 EPS run and include in the file. Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfamounce of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Sellerof Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any ofthe warranties or obligations of this purchase order and shall not be dccmcd a waiver of any right ofthe damage in transit. may be roamed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Too Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in rental economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact brume by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.R. City of Fort Collins, 700 Wood SC, Fear Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authoruotion. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No am of the Purchasers including, without limitation, acceptance of parrial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which an beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priontics, fires, strikes, Good, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. Tim Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty The Seller shall replace, repair or make goad, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims fin anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations m to any goods delivered bacander. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect in evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, secunty interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, proem, trademark or copyright, the Seller shall indemnify and save harmless the purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemrs used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services ofSellers Represcntative(s), on the promises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being Famished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the prcmises of others, the Seller shall boorish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting form the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010 SEP-15-2011 10:29 FROM:ALLER LINGLE MASSEY 9702231833 TO:2216378 P.1/1 City Of Planning, Development a Transportatilo�— FortCollins Ro.engineering 281 North Coll000 Avonuo P.O. Box SBO Fort Collins, CO 80.522.0580 970.221.6221.6605 970.221.6378 - tax fcgov.corWonginsering CHANGE ORDER FORM PROJECT TITLE: Mason Corridor BRT Project - South Transit Center PROJECT NUMBER: 400903280 CONTRACTOR: Aller-Lingle Massey Architects (PO#9955240) CHANGE ORDER NUMBER: 4 In preparing change orders show in order as separate numbered paragraphs the following: 1. Reason for change. 2. Description of change. 3. Change in contract cost 4. Change in contract time. 1. 8 2. See attached for reason and description of change. 3. The contract cost will increase by $2,505.00, 4. There will be no change in contract time. ORIGINAL CONTRACT COST $474,750.00 TOTAL APPROVED CHANGE ORDERS $40,595.00 TOTAL PENDING CHANGE ORDERS $0.00 TOTAL THIS CHANGE ORDER $2,505.00 ADJUSTED CONTRACT COST $617,860.00 (Assuming all change orders approved) ACCEPTED BY: SUBMITTED BY: REVIEWED BY: APPROVED BY: APPROVED BY: "V 1 4 DATE: (Purchasing Agent) CC: City Clerk Contractor PurChasing Project File ALLER • LINGLE • MASS EY ARCHITECTS P.C. ;t" T September 12, 2011 Mr. Steve Seefeld City of Fort Collins P. 0. Box 580 Fort Collins, CO 80522-0580 RE: Change Order Proposal for Changes to the 100% CD package South Transit Center City of Fort Collins, Colorado Project No. 0926 Dear Steve: As requested by the City of Fort Collins and Transfort we are submitting this change order request for mechanical, electrical and information technology changes requested after the project design and construction documents were complete. Please see attached email for the scope of work included in these changes. The Ballard Group: $ 805.00 (Refer to attached proposal and email) Innovative Electrical Systems: $ 1,150.00 (Refer to attached proposal and email) Aller•Lingte•Massey Architects P.C. (Administration, meeting and coordination): $ 400.00 Reimbursable Expenses: S 150.00 TOTAL $ 2,505.00 Sincerely, ALLER•LINGLE-MMASSEY ARCHITECTS P.C. MatVthew�D. Newman, AIA, LEED AP /MDN cc: Don Beaglehole, Craig Perry 712 WHALERS WAY • BLDG. B, SUITE 100 • FORT COLLINS • COLORADO • 80525 (970) 223-1820 phone • (970) 223-1833 fax • office@alter-lingie-massey.com • w .alter-Tingle-masseycom II about:blank Steve - Per our phone conversation I understand the decisions on the items below to be as follows: Back up Heating: The City does not want to provide a back-up heating system for the building should the boiler fail. Instead we will have Ballard contact the manufacturer for a list of recommended parts to keep in stock that would be long lead time items should they fail. We will then write into the specifications for the contractor to provide this equipment as a part of their contract. Interior Lighting to T8: IES will change out the interior lighting from T5 to T8 fixtures but leave the canopy lighting as T5. Premium efficiency motors and BAS/ NAE specification changes: The City would like to change EF-6 and RTU-3 to premium efficiency motors. The specifications will be changed to reflect the 7/26/11 meeting minutes, the 8/15/11 email incorporating the corrections from Steve Strickland also in an 8/15/11 email (all attached). Back-up Exhaust Fan to MIS room: Ballard/IES will add an exhaust fan on the roof activated be a thermostat that would kick on should the room get too hot. It would pull air through an automated louver in the conference room, deliver the air down within the wall we have already over -sized for duct work, spill out on the floor and be sucked up into the exhaust fan on the roof. Two set points will be included. IT and CCTV changes to the Site: The City would like to implement all of the changes per Kryste's updated IT plans and equipment list (attached to meeting minutes). Attached is our proposal to implement the requested changes. Our team will need two weeks from the receipt of a fully executed work order to make these changes and issue construction documents. Thanks - Matt Matthew D. Newman, AIA, LEED AP BD+C mnewman[caller-linele-massey.com Aller-Lingle-Massey Architects P.C. www.aller-lingle-massey.com 712 Whalers Way, Bldg. B, Suite 100 1 of 3 9/12/201117-13 PM 1.11 \'-1 FOrt�llns Independent Cost Estimate Date of Estimate: Contract Type: Fixed fee with contract modifications Existing Contract or PO (Y/N): yes added design services Description of Goods (N or Services (B): requested by client I have obtained the following estimate from; Published Price List / Past Pricing (date) Engineering or Techmcal Estimate (performed by) Independent Third Party Estimate (performed by) Other (specl8y) my experience with management of design contracts Cost Estimate Details: (Esh'mate calcuiebfd in US Dopers) Coat of Standard It— Product st /oa Coatwas) Notos/Data Source Det ve o rne7ght ROD es gn ery cas e �®engineering 8888 mechanical "ginearing $1,100 chrtectura a m t services $600-- ,Total52,688 Coat of Smkes, Repairs, or Non -Standard Items ha dTask •s.•Ie, aw,ra w reddaw.. ew.l,.• Signature of Preparer: (_ September 9, 2011 To Whom It May Concern, This work requested by the client was not included in the original scope of A/E design services for the South Transit Center project. We have a master contract agreement with ALM to provide design services through the entire STC project from conceptual design through contract administration. This contract agreement was entered into after completion of a competitive RFP process. The contract fee schedule rates in this agreement have not changed. Aller-Lingle-Massey's proposal for the requested services is less than the Independent Cost Estimate and based upon my experience with administration of design contracts, I believe the ALM request for additional fees is fair and warranted. Stephen Seefeld, CCCA Facilities Project Manager City of Fort Collins, Operation Services, PMPD (970) 221-6227 Cfty of 5 Swecm Excluded Parties List System Page 1 of 1 Search - Current Exclusions > Advanced Search > Multiple Names > Exact Name and SSN(rIN > MyEPLS > Recent Updates > Browse All Records View Cause and Treatment Code Descriptions > Reciprocal Codes > Procurement Codes > Nonprocurement Codes Agency & Acronym Information > Agency Contacts > Agency Descriptions > State/Country Code Descriptions OFFICIAL GOVERNMENT USE ONLY > Debar Maintenance > Administration > Upload Login EPLS Search Results Search Results for Parties Excluded by Firm, Entity, or Vessel : Aller Lingle Massey State: COLORADO Country: UNITED STATES As of 16-Sep-2011 12:41 PM EDT Save to MyEPLS Your search returned no results. Back New Search Printer -Friendly Resources > Search Help >Advanced Search Tips > Public User's Manual >FAQ > Acronyms > Privacy Act Provisions > News System for Award Management > (SAM) Reports > Advanced Reports > Recent Updates > Dashboard Archive Search - Past Exclusions >Advanced Archive Search > Multiple Names > Recent Updates > Browse All Records Contact Information > For Help: Federal Service Desk https://www.epts.govleplslsearch.do,jsessionid=21OC68AFB2496F5B61219B4F2C5680C9 9/16/2011 Title:-CRq�c�ti �a1-c.�� Sj�c/e Tames Date: CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE) Checklist Item Contract File Comments Location 7) Independent Cost Estimate The City made and documented an independent cost estimate before receipt of proposals. 10) Unnecessary Experience and Nd Excessive Bonding Unnecessary experience and excessive bonding requirements were not included in this solicitation or contract documents. 11) Organizational Conflict of Interest (OCI) If there is an apparent or potential OCI the solicitation contains provisions to eliminate or mitigate the conflict (e.g. by inserting a clause that prohibits the contractor from competing for the follow-on contract to the current design or research contact) and OCI Certification is submitted by the contractor. 12) Arbitrary Action There was no arbitrary action in the �� procurement process. (An example of arbitrary action is when award is made to other than the contractor who most satisfied all the City requirements as specified in the solicitation and as evaluated by staff. 13) Brand Name Restrictions Brand Name or Equal. When it is impractical �✓� or uneconomical to provide a clear and accurate description of the technical requirements of the property to be acquired, a "brand name or equal" description may be used to define the performance or other salient characteristics of a specific type of property. The City must identify the salient characteristics of the named brand that offerors must provide. When using a "brand name" specification, the City does not need to reverse -engineer a complicated part to identify precise measurements or specifications in order to describe its salient characteristics. FT A's "Best Practices Procurement Manual," (BPPM) contains additional information on preparation of specifications including examples with specific language. 14) Geographic Preferences The solicitation contains no in -State or local Aj 0' geographic preference except where Federal statutes mandate or encourage them.