HomeMy WebLinkAbout2005-063-06/07/2005-AUTHORIZING THE CITY TO ENTER INTO A CONSTRUCTION AGREEMENT WITH THE BURLINGTON NORTHERN AND SANTA F RESOLUTION 2005-063
AUTHORIZING THE CITY TO ENTER INTO A CONSTRUCTION
AGREEMENT WITH THE BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY FOR CONSTRUCTION SERVICES ADJACENT AND UPON RAILWAY'S
RIGHT-OF-WAY AND/OR PROPERTY, AS AN EXCEPTION TO THE COMPETITIVE
PROCESS OVER$100,000
WHEREAS, the Burlington Northern and Santa Fe Railway (the "Railway") operates a
freight transportation system by rail with operations throughout the United States and Canada; and
WHEREAS,as part of the Dry Creek Basin Improvement Project,the City wishes to improve
drainage under a portion of the Railway's rail line, requiring the construction of two new railroad
bridges over Dry Creek; and
WHEREAS,the Railway is willing to perform the necessary construction services adjacent
to and upon the Railway's right of way and/or property, and the City of Fort Collins desires the
Railway to perform such services; and
WHEREAS,the Purchasing Agent has determined that the Railway is uniquely qualified to
construct the railroad bridges in a manner that will be least disruptive to the Railway and most cost
effective for the City, and that purchasing these services from the Railway, as an exception to
competitive processes,is in the best interests of the City as a way to reduce the cost of construction;
and
WHEREAS, funds are appropriated for this purchase; and
WHEREAS, Section 8-161(d)(1)b of the Code of the City of Fort Collins authorizes the
Purchasing Agent to negotiate the purchase of supplies and services without utilizing a competitive
bidding process where the Purchasing Agent determines that use of a competitive process would
result in a substantially higher cost to the City; and
WHEREAS, the Purchasing Agent has submitted the requisite justification to the City
Manager for approval; and
WHEREAS, the City Manager has reviewed and concurred in that determination for this
acquisition; and
WHEREAS, Section 8-161(d)(3) required approval of this purchasing method by the City
Council for items costing more than One Hundred Thousand Dollars($100,000)prior to acquisition.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the purchase of construction services from the Burlington Northern and Santa Fe
Railway Company in the amount of Six Hundred Fifty-Two Thousand Three Hundred Thirteen
Dollars ($652,313), as an exception to the City's competitive purchasing requirements, is hereby
approved.
Passed and adopted at a regular meeting of the City Council held this 7th day of June,A.D.
2005.
LI
A EST:
City Clerk