HomeMy WebLinkAbout112468 FELSBURG HOLT & ULLEVIG INC - PURCHASE ORDER - 2206648 (2)City of
art Collins
Date: 06/08/2012
PURCHASE ORDER
Vendor: 112468
FELSBURG HOLT & ULLEVIG INC
6300 S SYRACUSE WAY #600
CENTENNIAL Colorado 80111
PO Number Page
2206648 tof2
This number must appear
on all invoices, packing
slips and labels.
Ship To: PARKING SERVICES
CITY OF FORT COLLINS
215 N MASON, 1 ST FLOOR
FORT COLLINS Colorado 80524-4
Delivery Date: 09/16/2002 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
41 Change Order 20
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 18,000.00
Total $18,000.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
39) Cost Analysis Required
Cost analysis and profit negations were
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
the contractor's bid or offer were evaluated in
AJ A
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
History
The file contains records detailing the history
j
of this procurement. At a minimum, these
records include:
dke ` M1 t4l 5 z It (1
�'u
(1) the rationale for the method of
Y
procurement,
i��
(2) Selection of contract type,
for
��S/- f V
1115r okd�x CDC
(3) reasons contractor selection or
rejection, and
�bff
foR-�
Cftip�
4 the basis for the contract price.
43) Exercise of Options
The grantee exercised an option on this
�d '
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
I
the scope of the original contract. The
amendment was treated as a sole source
O tiT5 • �/
procurement (complying with the FTA
A-2
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
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
based on costs incurred (as opposed to
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.
'r-
47) Time and Materials Contracts
This is a time and materials contract; the
A 6
grantee determined that no other type of
contract is suitable; and the contract specifies
a ceiling rice.
48) Cost Plus Percentage of Cost
�p
This is not a cost plus a percentage of cost
type contract.
49) Liquidated Damages Provisions
This contract contains liquidated damages
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
1) The file contains: Assignability provisions.
/110'
2) The procurement file contains: Price
reasonableness determination.
56) Clauses
L 4 5 t
This contract contains the appropriate FTA
required clauses.
Excluded Parties Search
�C`
EPS run and include in the file.
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L 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 performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denier, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein a by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
Goods Ra ated. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof orany 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 effort 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 Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home 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 most be F.O.B., City of Fort Collins, 700 Wood St., Fort 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 mum 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 career 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 Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made form 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.
Pemtiu. 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 furlher agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by than by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
Aud o nation. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said panes.
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 sells are 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 acts of the Purchasers including, without
Initiation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of my delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, 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 of the delay.
3. WARRANTY.
The 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 care and competence in accordance with accepted standards for work of a
similar moue. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of waranty. The Seller shall replace, repair or make
good 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 goads furnished hereunder (acceptance not to be immeasurably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance a use of goods by the Purchaser shall not
constitute a waiver of any 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 of use. 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 wrnen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terra, including additions to or deletion 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 of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wrinen change order, termirme 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 for 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 Sella with respect to any goads which are the Sellers standard stock. No such termination shall relieve
the Purchaser in the Sella of any of their obligations as to any goods delivered hereunder.
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 Sella warrants that all goods sold hereunder shall have been produced, sold delivered and furnished in strict
compliance with all applicable laws and regulafims to which the goods are subject. The Sella shall execute and
deliver such documents as may be required to effect m evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella 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 minamricted title to the Purchases for all equipment, materials, and items furnished
in performance of this agreement, flee and clear of any and all lien, restrictions, reservations, security interest
encumbrances and claims of others.
The Seller shall release the Purchaser and its contractors of any fier from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees of such party.
The Sellers 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, patent, trademark
or copyright, the Sella 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
Pmehaser the right to continue using said equipment or pans, 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 in 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 reforms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
construed under and governed by the laws of the State of Colomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representative(s), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work and/on materials before Sellers final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller, the Sella shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Sella under the order.
18. 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 Sella
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 S400,000. 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 premises of others, the Seller shall furnish 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 Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting from 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 a 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 in default on the pan of the Seller, any of his
contmcmrs, 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 Sella 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 in 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 of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella 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
FOft Colons
Fellsburg Holt Ullevig - Change Order #.t3
Independent Cost Estimate 7A
Mason Corridor MAX BRT Final Design
Date of Estimate: 2-Apr-12
Contract Type: T&M
Existing Contract or PO (YIN): Y _
Description of Goods (A) or Services (8): B
Provide Railroad and Agency continued coordmaton services and assislwith PUC applica6ons/submusions relative 0
Me Mason BRT project. Unit of $135R r based on previous worked poll.. d by FHUs railroad consultant. Assume 7
addifional months of coordination (April 2012 thru October 2012). More railroad work was required for PUC's and
consmuction contracts than expected. FHU is needed to linialae all Me railroad coordination and PUC until Octolber
2012. Assume 20 hours per month as discussed with FHU priorto change order request.
I have obtained the follo ,lug estimate from;
Published Price List/ Past Pricing (date)
Engineering or Technical Estimate (performed by)
Independent Third Parry Estimate (performed by)
Olher(specify) -
Cost Estimate Details:
.... (Estimate Calculated in US Dollars)
A c— f Q—A—a a —
B
Protuct
Cost slea)
Cost($fee)
Notes)Dala Source
Delivered
No Freight
Total
Cost of Services, Repairs, or Non -Standard Items
ItemlTask:
Materials or Work Description
Other Oirect
Costs
Labor
Rate($)
Labor
Hours
Labor
Class
Allocated
Overhead
SG&A'
Profit
TOTAL
RR Coordination and PUC
application process
$ 135,00
140
18,90000
0,00
0,06
0.00
ODD
0.06
Total
18,900.00
Signature of Preparer.
I rcyTfrrel PE CPM I l/
0
Planning, Development & Transportation
city OT
Collins Engineering
281 North College Avenue
F6rtP.O. 0ox 580
Fort Collins, CO 80522.0580
970.221.6605
970.221 6378 - fax
fcgov.wm/orglraering
CHANGE ORDER FORM
PROJECTTITLE: Mason CorridorBRT - MAX
PROJECT NUMBER: 400903280 (Professional Services)
CONTRACTOR: Felsburg Holt & Ullevig (PO #2206648)
CHANGE ORDER NUMBER: 20
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. & 2. See attached for reason and description of change.
3. The contract cost will increase by $18,000.00,
4. The contract time will be extended to December 31, 2012.
ORIGINAL CONTRACT COST $1,642.542.00
TOTAL APPROVED CHANGE ORDERS $1,577,821.55
TOTAL PENDING CHANGE ORDERS
$0.00
TOTAL THIS CHANGE ORDER $18,000.00
ADJUSTED CONTRACT COST $3,238,363.55
(Assuming all change orders approved)
ACCEPTED
SUBMITTEC
REVIEWED
APPROVED
APPROVED BY:
cc: City Cleric
Con"clor
Pwchasing
Project File
(Purchasing Agent)
rE: /c i IL
'E: 6/`!I(Z
TE: �n Z—
TE: .y r7—
DATE:
Z
T
FELSBURG
�i HOLT &
ULLEVIG
engineering paths to transportation solutions
April 11, 2012
Mr. Terry Tyrrell
Mason Corridor Project Manager
City of Fort Collins
250 N. Mason Street
Fort Collins, CO 80524
Re: Proposal for Consultant Services
Mason Bus Rapid Transit Project
Railroad/Agency Coordination
Dear Mr. Tyrrell:
Felsburg Holt & Ullevig appreciates the opportunity to continue to assist the City of Fort Collins with
Railroad and Agency Coordination services and monitoring of PUC applications relative to the Mason BRT
project. This letter proposal identifies a request for extension of the task order budget and timeline to
continue services through October 2012.
Following you will find a budget summary of fees for this work effort.
Work Task
Sr.
Engr.
I $135/hr
I Assoc
I S145/hr
Ex ense
BRT Coordlnatlon:
Conference Calls
40
$5,400
Everyother Frida;Aril-0d.2012
PUCApplication Process MonitDrIrg
32
$4320
Monitor online; Assist with add'I info
Agency Coordination/MeetingsCoordination/Meetings
48
$5,480
Coordination/Meetln s
PrOect Management
30
1450
Progress Reports
Mllea a/Ea enses
$350
BRTTotals:
120
$16,200
10
$1450
$350
subtotal:
JISA
Total:
$38'Wo
This Hour and Fee Estimate is based on the work items listed and is estimated at $18,000. This coordination
effort is estimated to occur over a 7 month timeframe from April through October 2012.
Please call Stephanie if you have any questions regarding the information presented in this proposal.
Sincerely, -
FUR HOLT & UL
./w
IG FELSBURG HOLT & ULLEVIG
Thomas W. Anzia, P.E. St�nieJangale, P.E.
Principal Senior Transportation Engineer
6300 South Syracuse Way, Suite 600 Centennial, CO 80111 tel 303.721.1440 fax 303.721.0832
www.thueng.cont infolPfllueng.con3
City of
F6rt Collins
DATE: May 25, 2012
TO: Jim O'Neil
FROM: Terry Tyrrell, CPM
Planning, Development & Transportation
Engineering Department
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.221.6605
970.221.6378 - fax
(cgov. coMengineering
RE: Mason Corridor (MAX) Bus Rapid Transit Project
Cost Analysis — FHU CO#20
FHU requires a supplement for the BRT project due to Project Schedule extension that is beyond
FHU's control. As such, we recommend additional budget for a 7-month contract extension to
October of 2012 and a budget increase of $18,000. Attached please find the proposed Change
Order #20 from FHU. Change Order 19 was exhausted more rapidly than origainally anticpated
due to more extensive coordination regarding the PUC filings and railroad construction contract
and downtown construction activity planning. I have prepared an Independent Cost Estimate
(ICE) also attached, which is relatively close in cost since the rates and hours were mutually
agreed on.
FHU should be utilized for this particular work effort since it would be less cost effective to have
another consultant do this work as FHU has been engaged with project from its inception. In
preparing my ICE for this change order, I used previous change order personnel rates from FHU
and compared them to other consultants doing similar consultant work, such as Michael Baker
Corp, and found FHU's rates to be reasonable. I based the estimated number of hours to perform
these services for the ICE from my previous experience with FHU and other projects of similar
complexities.
FHU's original budget was based on a schedule starting construction in 2010. A second
supplement was requested in early 2011 and again in late 2011, which has now been exhausted.
We based our previous supplements on the project schedule that all the design related Railroad
coordination work to be complete by July 2011. The following supplement extended the services
to December of 2011 and we are still coordinating with BNSF regarding pre -construction
activities due to funding delays by the FTA. This additional supplement for railroad coordination
efforts carries the project into October of 2012 at which time we expect all construction to be
well underway and all the PUC applications filed. FHU's railroad and PUC coordination efforts
are warranted to successfully complete the project based on our current schedule understanding.
Based on my experience, I believe the requested Change Order #20 for the amount of$18,000 is
reasonable for the work remaining during the final design phase of the BRT project. As such, I
recommend approval of this fee estimate.
Terry Tyrrell, PE
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https://www.epls.gov/epls/search.do;jsessionid=302A5B8B3122FF48055C459F638AAED3 6/8/2012
Title: ' (0/
Date: l� "
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
Y '\
Excessive Bonding
!iW
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
r v
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
d
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
P./D
geographic preference except where Federal
statutes mandate or encourage them.
15) Contract Term Limitation
The contract period of performance for rolling
stock and replacement parts does not exceed
ry
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
Contractor
The City made a determination that it was
u
1 , - /
awarding to a responsible contractor
Z
considering such matters as contractor
- y
integrity, compliance with public policy, record
of past performance, and financial and
technical resources.
1. Appropriate Financial, equipment, facility
C/
and personnel. (Y/N)
f /
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 Agreementf�-
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
1n �j-
_(
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
rr i
The contract file contains documentation that
1.� N-,,f7 ox c) 5 n.
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.