HomeMy WebLinkAbout2007-083-09/18/2007-AUTHORIZING AN EXEMPTION TO THE USE OF A COMPETITIVE PROCESS FOR THE CITY TO ENTER INTO A CONTRACTFO RESOLUTION 2007-083
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN EXEMPTION TO THE USE OF A COMPETITIVE
PROCESS FOR THE CITY TO ENTER INTO A CONTRACT
FOR RAILROAD IMPROVEMENTS FROM BURLINGTON NORTHERN RAILWAY,
UNION PACIFIC RAILROAD AND GREAT WESTERN RAILWAY
WHEREAS, City roadway projects often include upgrades to railroad crossings if they are
within the project; and
WHEREAS, the upgrades to railroad crossings typically include extending or replacing
crossing materials and moving or upgrading warning signals and automated crossing gates; and
WHEREAS, the affected railroad requires that either it perform the work or designate an
authorized subcontractor to perform the work; and
WHEREAS, the Timberline Road from Prospect Road to Drake Road Project included
upgrades to two Great Western Railway crossings, that the work was done by Railroad Controls
Limited, an authorized subcontractor, and the total cost was $259,834; 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
biddingprocess where the Purchasing Agent determines that although a particular material or service
is available from more than one responsible source,a competitive process cannot reasonably be used,
or, if used, will result in a substantially higher cost to the City, will otherwise injure the City's
financial interests or will substantially impede the City's administrative functions or the delivery of
services to the public; and
WHEREAS, the Purchasing Agent has determined that a competitive process cannot
reasonably be used because the Burlington Northern Railway, Union Pacific Railroad and Great
Western Railway require that the City use their designated subcontractor to do the work or that the
respective railroad companies undertake the work themselves; and
WHEREAS, the Purchasing Agent has submitted the requisite justification to the City
Manager for approval; and
WHEREAS, the City Manager has reviewed the Purchasing Agent's justification and has
concurred in that determination for these acquisitions; and
WHEREAS, Section 8-161(d)(3) requires approval of this purchasing method by the City
Council for items costing more than One Hundred Thousand Dollars ($100,000); and
WHEREAS,Section 8-161 (d)(4)provides that any procurement approved as an exemption
by the City Council may be used as the basis for a negotiated purchase of additional quantities of the
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same services at any time within a period of five (5) years from the date of approval provided,
however, that subsequent procurements are expressly limited to a period of five(5) years.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the Purchasing Agent is authorized to purchase services for railroad
improvements from the Burlington Northern Railway, the Union Pacific Railroad, and the Great
Western Railway, or their authorized subcontractors for a period not to exceed five(5) years as an
exemption to the City's competitive procurement requirements.
Section 2. That the Purchasing Agent is authorized to purchase railroad improvement
services from Railroad Controls Limited,an authorized subcontractor of Great Westem Railway,for
the Timberline Road from Prospect Road to Drake Road Project as an exemption to the City's
competitive procurement requirements.
Passed and adopted at a regular meeting of the Con of the City of Fort Collins this 18th
day of September, A.D. 2007.
Mayor
ATTEST:
CY4UA U16J,J
City Clerk