HomeMy WebLinkAbout222075 BURLINGTON NORTHERN & SANTA FE - CONTRACT - PURCHASE ORDER - 9123130Fort of
Memorandum
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
fcgov.com/engineerit7g
To: Jim O'Neil, Director of Purchasing and Risk Management
%/ z-� 13D
From: Terry Tyrrell, Consultant Project Manger & Erika Keeton, Special Projects Engineer
Date: 5-20-12
Re: MAX BRT — Requisition Request
BNSF Southern Railroad Signal Improvements
Justification and Independent Cost Estimate
In March of 2011 the City of Fort Collins entered into an Agreement, Mason Corridor Bus Rapid Transit
Construction and Maintenance Agreement (C&M Agreement). BNSF is required as part of the Project
and the Agreement to improve their railroad signalization system. This is due to either location of the
Project's new Guideway or other intersection improvements as part of the Project. As railroad costs are
proprietary, we have included the agreement cost estimates for these BNSF improvements as part of this
ICE. I have prepared an Independent Cost Estimate (ICE) also attached, which is based mostly on
information provided to the City from BNSF. BNSF must be utilized for this work, as it is a requirement
of the C&M Agreement. In preparing my ICE for this change order, I used previous cost estimates from
BNSF and compared them to the estimates attached herein and found them to be reasonable.
Based on my experience and understanding of the C&M Agreement (attached), I believe the requested
budget of $1,743,059.85 for railroad signal improvements necessary for the BRT Project south of
Downtown Fort Collins is reasonable. I recommend approval of this contract budget for BNSF.
of 0.�t
EXHIBIT F
"*" MAINTAINPROPRIETARYCONFIDENTIALITY "'..
BNSF RAILWAY COMPANY
FHPMESTUTATE FOR
FT. COLLINS
LOCATION FT. COLLINS DETAILS OF ESTIMATE PLANITEM: W0178092 VERSION: I
PURPOSE, JUSTIFICATION AND DESCRIPTION
REVISED TON W PRICING LIST 0910W3
INSTALL ADVANCED PREEMTION AND UPGRADE TO LED'S AT DRAKE ROAD IN FORT COLLINS, CO. LS 476 MP 71.78 COLORADO DI V,
FRONT RANGE SUBDI V., DOT'2446'_SR.
MONTHLY POWER UTILITY COST CENTER: 615O4
SEQ. RX.XXX.X
THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTATIVE PACKAGES USED FOR ESTIMATING PURPOSES ONLY.
THEY CAN BE EXPECTED TO CHANGE AFTER THE ENGINEERING PROCESS, DETAILED AND ACCURATE MATERIAL LISTS WILL BE
FURNISHED WHEN ENGINEERING IS COMPLETED.
CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD.
THIS ESTIMATE GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR MATERIAL, LABOR, AND
OVERHEADS.
............................... SIGNAL WORK ONLY ............................".
THE CITY OF FT. COLLINS IS FUNDING THIS PROJECT 100%.
MAINTAIN PROPRIETARY CONFIDENTIALITY
THE CITY OF FORT COLLINS IS PROVIDING 100 AMP SERVICE AND CONDUIT PACKS AT EACH CROSSING LOCATION.
DESCRIPTION
QUANTITY UJM
COST
TOTAL$
LABOR
SIGNAL FIELD LABOR -CAP
896.0 MH
23.350
PAYROLL ASSOCIATED COSTS
14,129
EQUIPMENT EXPENSES
7,721
.
DA LABOR OVERHEADS
22,497
'
INSURANCE EXPENSES
3,675
TOTAL LABOR COST
71,372
71,37-_
MATERIAL
ADVANCED PREEMPTION COMPLETE
1.0 LSN
7,999
LED LIGHT ADJUSTMENT
16.0 EA N
3,856
LEDLIGHTGATEKIT
4.0 EA N
1,598
LED RETROFIT LIGHT UNIT
16.0 EA N
2.192
LIGHT OUT DETECTOR
1.0 EA N
946
RELAY
2.0 EA N
1.000
SIGN. X-BUCK
4.0 EA N
924
USETAX
1241
OFFLINE TRANSPORTATION
229
TOTAL MATERIAL COST
19,975
19.975
OTHER
CONTRACT ENGR.
1.0 EA N 6,W0
TOTAL OTHER ITEMS COST
6AM0 6,000
PROJECT SUBTOTAL
97347
CONTINGENCIES
9.734
BILL PREPARATION FEE
1071
GROSS PROJECT COST
108,152
LESS COST PAID BY BNSF
0
TOTAL BILLABLE COST
108.152
Page 1 of I
GROSS PROJECT COST
LESS COST PAID BY BASF
249,476
0
TOTAL BILLABLE COST 149,476
Page 2 of 2
vi fir
EXHIBIT E
"•" MAINTAIN PROPRIETARY CONFIDENTIALITY "''•
BNSF RAILWAY COMPANY
FHPM ESTIMATE FOR
CITY OF FT. COLLINS
LOCATION FTCOLLINS DETAILS OF ESTIMATE PLAN ITEM: PS1246281` VERSION: I
PURPOSE, JUSTIFICATION AND DESCRIPTION
REVISED TO NEW PRICING LIST 09104,03
INSTALL CONSTANT WARNING, ADVANCED PREEMPTION, AND UPGRADE CROSSING AT PITKIN STREET IN FORT COLLINS, CO. IS 476
MP 73.04 COLORADO DIV., FRONT RANGE SUBDI V., DOT R244628T.
MONTHLY POWER UTILITY COST CENTER: 615N
SEQ.#XXXXX
THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTATIVE PACKAGES USED FOR ESTIMATING PURPOSES ONLY.
THEY CAN BE EXPECTED TO CHANGE AFTER THE ENGINEERING PROCESS. DETAILED AND ACCURATE MATERIAL LISTS WILL BE
FURNISHED WHEN ENGINEERING IS COMPLETED.
CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD.
THIS ESTIMATE GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR MATERIAL, LABOR AN
OVERHEADS.
............................... SIGNAL WORK ONLY .................... I..........
THE CITY OF FT. COLLINS IS FUNDING THIS PROJECT 100'/6.
MAINTAIN PROPRIETARY CONFIDENTIALITY
THE CITY OF FORT COLLINS IS PROVIDING 100 AMP SERVICE AND CONDUIT PACKS AT EACH CROSSING LOCATION.
DESCRIPTION QUANTITY U/M COST TOTAL$
LABOR
SIGNALFIELD LABOR -CAP
I4OO.0 MIT 36AS4
SIGNALSHOPLABOR-CAP
800 MIT 2,104
PAYROLL ASSOCIATED COSTS
23349
EQUIPMENT EXPENSES
12,760
DA LABOR OVERHEADS
37,179
INSURANCE EXPENSES
6,073
TOTAL LABOR COST
117.949
•MATERIAL »
'ADVANCED
PREEMPTION COMPLETE
10 IS N
7.999
BATTERY
1.0 LS N
9,197
BUNGALOW 6X6
1.0 EA N
8,612
BUNGALOW MATERIAL
1.0 LS N
$525
CABLE
1.0 LS N
6,502
CABLE, DAX
15M.0 FT N
4,051
CHARGERS
1.0 LS N
1,020
CONDUIT. PVC 4", SCH 80
150.0 FT
525
CONSTANTWARNING
1.0 EA N
28,528
FIELD MATERIAL
1.0 LS N
4,797
LED LIGHT ADJUSTMENT
180 EA N
4.338
LED LIGHT GATE KIT
2.0 EA N
794
LIGHT OUT DETECTOR
1.0 EA N
946
RECORDER
1.0 EA N
3.748
RELAY
2.0 EA N
1.000
TELLULAR DEVICE
1.0 EA N
2,600
USE TAX
6,254
OFFLINE TRANSPORTATION
L 165
TOTAL MATERIAL COST
OTHER
CONTRACT ENGR.
TOTAL OTHER ITEMS COST
PROJECT SUBTOTAL
CONTINGENCIES
BILL PREPARATION FEE
Page 1 of 2
117,949
100.601 100.601
10 EA N 6.000
6.000 6.000
_'24.550
_".455
_ 471
EXHIBIT E
GROSS PROJECT COST
LESS COST PAID BY BNSF
TOTAL BILLABLE COST
249,476
0
249,476
Page 2 of 2
City Project No. 4009032
Mason Corridor Bus Rapid Truisit
City-BNSF Construction & Maintenance Agreemenl
NIASON CORRIDOR BUS RAPID TRANSIT
CONSTRUCTION AND MAINTENANCE AGREENII, NT
This :Mason Corridor Bus Rapid Transit Construction and Maintenance Agreement (this
"Agreement") is entered into this �— day of A, 2011 (the "Effective Date"),
by and between the CITY OF FORT COLLINS, STATE OF COLORADO (the "City"), and
BNSF RAILWAY COMPANY ("BNST"). The City and BNSF are referred to herein
individually as a Party and collectively as the Patties.
WHEREAS, the City possesses the legal authority and funds have heen budgeted,
appropriated and otherwise made available and a sufficient unencumbered balance thereof
remains available for payments due under this Agreement, the amount of which is estimated to
total S54.500,000 for City Work and Project Work items;
WHEREAS, the City has obtained required approval, clearance and coordination from
and with appropriate agencies;
WHEREAS, the City has the authority, as provided in section 31-15-101, C.R.S., to enter
into contracts, including contracts with railroad companies for construction work;
WHEREAS, the City also has the authority to solicit compeiiiive scaled bids for
construction of public projects;
WHEREAS, the City desires to construct certain railroad track and related curb and
gutter and draina2c improvements within Mason Street front Old Main Drive to Maple Street and
construct a two-lane bus guideway to be used solely for the operation of a bus rapid transit
scrvice (collectively the "Project") ;long the cyst edge of the existing BNSF right-of-way, al it
minimum distance of 25 feet from centerline of existing main line track, between approximate
BNSF mileposts 69.4 (south of Harmony Road) to 71.0 (neat' Horsetooth Road), 71.25 to 71.78
(near Drake Road) and 72.2 to 73.24 (near University Street), as more particularly shown on
Exhibit A, Exhibit B-I, and Exhibit B-2 hereto (the `BNSF Property');
WHEREAS, the City will consummate a Federal Transit Administration (" TTA") Project
COnSIRIClion Grant Agreement ("PCGA") which will provide substantial funding for the
const'uclion of the infrastructure required for the operation of the BRT Service;
WHEREAS. the execution of this Agreementis necessary for the City to obtain the
PCGA;
WHEREAS, the Cite desires AnIC WC use of the BNSF Properly in order to construct
the Project:
WHEREAS. Be City and BNSF agree to enter into an Easement Agreement. in the form
as attached hereto as Exhibit C (Be "Easement Agreement'). relating, to certain BINS1= Property
necessary for the Construction of the Project and the use and maintenance of the proposed two-
aale bus �uidcway:
WHEREAS. the Chy's contractor will he required to perform City \Vork. as defined
herein, upon the BNSF Progeny. that is necessary to consu'uct the Project:
\VHEREAS, BNSF is adequately staA&l and sudaNy equipped to undertake and
satisfactorily complete the Railroad Work, and can perform the Railroad \\cork more
advantageously and more cost effectively than the City:
\VHEREAS. the Project will also include certain Mason Street Work lion) Old \'lain
Drive to Nlaple Street:
WHEREAS. the City bus agreed to permit construction in accordance with certain plans
and specification within the BNSF \Mason ROW within \Mason Street and to modify the BNSF
Ndason ROW in order to allow automated maintenance of the BNSF track:
\VHEREAS, the City will consu'uet a pedestrian overpass and a pedestrian underpass
across BNSF Property on the locations identified in Exhibit B-I and Exhibit B-2 as part of the
City AVork:
WHEREAS. contemporaneously with the execution of this Agreement, the City and
BNSF agree to enter into that certain Mason Corridor Bus Rapid Transit Operating Agreement
(Be " OperuHng Agreement') governing the use of the Guideway:
WHEREAS. it is desirable, for the benefit, convenience and safety of the traveling public
that the improvements provided Ibr herein he ;accomplished.
NOW, THEREFORE, it is hereby agreed that:
ARTICLE, I
GENERAL PROVISIONS
SECTION' A. DEFINITIONS
I. "RNSF \Irian ROW" means the rights granted by the City in BNSFs
predecessor(s) in interest by Ordinance No. 19. I877 which t;mted BNSF's predecessor in
interest tile: right to operate its uains on Mason Street.
I
2. "BRT Service" means the Bus Rapid Transit passenger bus service operating on the
Guideway.
3. "CPR" mcanS the Code of Federal Re'Mulnions.
4. "City Bus'" means any City otyned self-propelled. rubberized tire bus used h_v the
City to transport passengers on the Guideway.
5. -City Work— shall consist of teork performed by the City's contactor to construct
the project as indicated on the Plans and Specifications including all work rehavy to the
construction of the Guideway, the pedestrian overpass and pedestrian Underpass. Lund the Mason
Street \VOIk, as depicted as described in the drawings auUched as Exhibit B-I and Exhihit 13-2
hereto:
6. "CRS" means the Colorado Revised Stuttues.
7. "Guideway" means the 1�vo-lane guideway Lind related facilities used for the
operation of.the 13RT Service, including relawd curb, gUller, guardrail or cable hanicr, rates
across the gUidCWay at each cross street intersection as set forth in the plans and Specifications In
prevent non -City 13Us \'chicle usage and access to the guideway font Such cross Streets, signage,
Striping and associated drainage and utility items constructed as part of the Project.
S. "\Mason Sllrel Work' shall consist of work within Mason Street benyccn Okl Man)
Drive and Maple Street as Set forth in the Plans and Specifications, \ehich includes rentoying the
asphalt covering the BNSP tics and removing the BNSP tack, ballast, and SUbbatllast. installing it
subba llast drainage system under the tack to connect to the City storm sewer. reinstallingo the
Suhhatllast, hallaS1, and tact:. installing six inch curb and gutter to separate the BNSP tracks from
Mason Street except at intersections, leavingg the track as an open ballast tack between
intersections, and installing new crossing Surfaces to each crossing of Mason Sucet. As
indicated in the Plans and Specifications, some of the Mason Street Work will he City Work,
some will he Project \Vork and some will he Railroad \Vork.
9. "\MUhCD'" nnetuts the \Mamuad on Unifori n Traffic Control Devices for Sheets and
f l ighways.
10. "Plans and Specifications" means the final construction plans reviewed by BNSP as
provided in Section III(A)f31 of this Agreement and approved by the City, for the construction of
the City Work and the Project \Vork, to he attached following final completion of the plans as
Exhibit B-I and Exhibit 13-2.
11. " PCGA" shall have the meaning set Rwih in the recitals to this %2rcement.
12 ''Project Work- Shall consist of work described in tine Plans and Specifications to he
perlctrmed by 13NSP on behalf of the City throuuh BNSP's o"o forces or its contractor either nn
3
BNSF Property or on the BNSF %,hsoo RO)Y. The scope of the Project AVolk is an ached hereto
as Exhibit D-2.
13. "PUG, means the Public Utilities Commission of Colorado.
Id. "Railroad Work" shall consist of work performed by BNSF on BNSF Property or in
the BNSF Mason ROW on its own behalf through its own forces or its contractor. The scope of
the Railroad Work is ❑cached hereto as Exhibit D-L
15. "Work Window' means the period of tittle and dates to be agreed upon bcween the
Cily and BNSF ashen the Alason Street Welk shall be performed during Mhich time all vehicle
and vain traffic on Mason Su-ecl between Old Main Drive and Maple Sweet shall Cease in order
that the \-lason Slrcet Work will be performed interrupted.
SECTION B. EXHIBITS
The exhibits listed below me ❑latched hereto and nutcie a part of this Agreement:
Exhibit A Vicinity map
Exhibit B-1 Guideway Plan and Profile DrawinLs
Exhibit B-2 \$anon Street Work plans
Exhibit C Easenunt Agreement (inclutleS: Proposed BNSF Property Easement
Location Sketches (2) and Legal Descriptions of BNSF Properly Easement
(2))
Exhibil D-1 Railroad Work Description
Exhibit D-2 Project AVolk Description and Cost Estimate
Exhibit E BNSF Contractor's Requirements
Exhibit E-I Contractor Agrecment
Exhibit F Overpass Agreement
Exhibit G Underpass Agreement
Exhibit 11-1 Grade C1'ossi112 Sis�nal Installation Agreement (I larmony Road)
Exhibit 1-1-2 Grade Crossing Si�-Inal Installation Agreement I Horsclooth Road
Exhihil 11-3 Grade Crossing SiLlmd Instalktion Agreement (Swallow Roa(I)
4
Exhibit 11-4 Grade Crossing Signal Inswllmion Agmemen (Drfke Road)
Exhibit H-5 GnOc Crossing Siena) InsudNOon Agreement (PAHn Street)
Exhibit H-6 Grade Crossing Signal Installation Agreement (University Avenue)
ARTICLE 11
COMMIT\IENTS ON THE PART OF BNSF RAILWA},
SECTION A. RIGHT OF \VAT
I. Temporary Construction License. In consideration ol'the faithful performance of
the City's covenants contained herein. BNSF hereby grants to the City. its Successors and
assigns, upon aind Subject to the terms and conditions set forth in this Agreement. a temporary
nonexclusive license (hereinafter called. "Temporary Construction License-) to construct file
Guideway and Project Work across or upon the BNSF Property and BNSF Mason ROW.
The term of the Temporary Construction License upon BNSF Property begins on the
earlier of (a) thirty clays (30) after the award of the PCGA, or (b) six months after the Effective
Date and ends on the earlier of (yj substantial completion of the Guideway. or (7) twenty-four
(24) months. The Temporary Construction License upon BNSF Property and related rights iven
by BNSF to the City in this provision are without warranty of title of any kind, express or
implied, and no covenant of warranty of title will be implied from the use of any word or wurds
herein contained. The Temporary Construction License is for construction of the City Work
only and shall not be used by the City for any other purpose. The City acknowledges and agrees
that it shall not have the right. under the Temporary Construction License. to use the Guideway.
In the event the City is evicted by anyone owning, or claimingg title to or any interest in Said
right-of-way, BNSF v011 not be liable to the City for any damages, losses or any expenses of any
nature whatsoever. The granting of similar lights to others, subsequent to the date of this
Agreement, gill not impair or interfere tcith the rights granted to the City herein.
The tern of the Temporary Construction License upon the BNSF Mason ROW begins at
0500 hours on the first day of the Work Window and ends at 1800 hours on the last day of the
\monk Window unless extcndcd in writing by agreement of the Parties. 'rhe Temporary
Construction License on the BNSF Mon ROW is for const uction'of the City's portion of the
Mason Street Work only and shall not be used by the City for ally other purpose.
2. BNSF Property Easement and City Payment. Upon receiving the payment fYom the
City described in file subsequent sentence and provided the City is in compliance with the ferns
and conditions of this Agreement. BNSF will grant to the City its successors and assigns. an
easement (hereinafter culled, the "Easement") pursuanf to the Easement Agreement attachecl
hereto as Exhibit C. to enter upon and use fire BNSF Property for the purpose of be use of the
Guideway for the BRT Scryice only and the mnimemmee and repair of file Cdfidcwav as
necessary to Sher such perniued use, all in strict compliance with the terms colluiincd in this
S
Agwrileni and the Operadne Agreement. The City nrum pay to BNSF the gum of Three Million
Nine I lunched Thousand and Nonoo Dollars (53900.00(100) as compensation for the Easement
and each temporary constuction license to he granted by BNSF for the Project within thirny (30)
days of the earlier of (a) the award of the PCGA. or (h) six months afier the Effective Date. 11
the City fails to pay BNSF within the time period set forth in the preceding sentence. 13NS1= may
stop construction of the Project until full payment is received by BNSF. In the event the City
exercises its right pursuant to Section 1 V(D) to terminate this Agreement. the Easement shall also
terminate. and BNSF shall refund to the City the Easement fee in total and the parties shall We
no funher obligations thereunder except those that CXpressly sw \ iyc termination.
SECTION B. CONSIRUCTION
I. Work to he Performed by BNSF on Its Own Behalf. BNSF shall furnish all Labor,
materials, tools, and equipment for the Railroad Work required for (he constuction of the
Project. The scope of the Railroad Work is attached hereto its Exhibit D-1. The Railroad \Volk
shall be performed by BNSF or its contactor at BNSF's sole cost and expense.
2. Work to be Performed by BNSF on Behalf of the City.
(a) BNSF will IW'nlSh all labor% materials, tools, and equipment for the Project Work
to be performed by BNSF as set forth in the Plans and Specification, the estimated cost thereol
being as shown on Exhibit D-2 attached hereto and mode a part hereof. In the event construction
on the Project has not commenced within six (6) months following the Effective Date, BNSF
may in its We and absolute discretion, revise the cost estimates set forth in said Exhibit D-�. hi
such event, the revised cost estimates will become a pawl of this Agreement as though originally
set forth herein. Any item of work incidental to the items listed on Exhibit D-2 not specifically
mentioned therein arty be included as ❑ pait'of this Agreement upon written approval of the
City. which approval will not be unreasonably withheld.
(b) BNSF will do all Project AVolk set forth above on an actual Cost basis, when
13N'SP. in its sole discretionn determines it is required by its labor agreements to perform such
work with its own employees working under applieable collective bargaining agreements.
(c) BNSF may charge the City for insurance expenses. including •elf -insurance
expenses. when such expenses cover the cost of Employer's Liability (including, without
limitation. liability under the Federal Employer's Liability Act) in connection with the
performance of the Project Work. Such charges will be considered part of the actual cost of the
Project \Volk, regardless of the nature or amount of ultimate liability for injury, loss or death to
BNSF's employees. if may.
Id) Mring the perfonnance of (he Project Work. BNSF will send the City progressive
invoices dctailing the costs of the Projrrt AVmk perlornted by BNSF tinder this Agreement. The
City must reimburse B1?NSF for completed force -account "M within thirty (301 dais of the date
of the invoice for such work. Upon completion of the Project Work. BNSF will send the City a
6
CMor
FortCollins
Independent Cost Estimate
`lam-
BNSF Construction & Maintenance Agreement
Southern Portion of BRT Project Signal Improvements
Date of Estimate: 1-Apr-12
ContractType: T&M
Existing Contract or PO (Y/N): Y
Description of Services: In March of 2011 the City of Fort Collins entered into an Agreement (Mason Corridor Bus Rapid Transit Constmction and Maintenance Agreement). BNSF
is required as part of the Project and the Agreement to improve their railroad signal'¢ation system. This is due to either location of the Project's new
Guideway or other intersection improvements as part of the Project. As railroad costs are proprietary, we have included the agreement cost estimates for
these BNSF improvements as part of this ICE.
Cost of Services, Repairs, or Non -Standard Items
ItemlTask:
Materials or Work Description
- Other Direct
Labor Rate
Labor
Labor Class
Allocated
SG&A'
Profit
TOTAL
Costs
($)
Hours
Overhead
Railroad Signal Improvement-
Prospect
$ 253,868.00
$ 253,868.00
Railroad Signal Improvement-
Swallow
$ 152,919.00
$ -i 52,919.00
Railroad Signal Improvement-
$ 355,641.00
$ 355,641.00
University
Railroad Signal improvement-
Horsetooth
$ 156.591.00
$ 156,591.00
Railroad Signal Improvement-
$ 142086.00
Harmony
$ 142,086.00
Railroad Signal Improvement-
Drake
$ 249476.00
$ 249,476.00
Railroad Signal Improvement-
Pitkin
$ 249476.00
$ 249,476.00
BNSF Budget to date: subtotal
$ 1,560,057.00
Railroad Signal Improvement -
Old Main (no RR estimate)
$ 100,000.00
$ 100.000.00
crossing panel only City estimate
subtotal
$ 1,660,057.00
Contingency (5%)
$ 161,005:70
Total - E 1,821,062.70
- sanrv, a.,.,m.m aan,im.vmw. s.rane..
Signature of Preparers
Teny .E., CPM Enka R. Keeton, PIE.
t
detailed invoice of final costs. segregated as to labor and materials for each item in the
recapitulation shorn on Exhibit D-2.
I Flagging Services. "rhe cost of flagging services shall be laid by the City.
d. Emergency Work. The City agrees to reimburse BNSF for work of an emergency
nature proximately caused by the City or its conuitetor (which shall not be deemed to include the
BNSF when performing work on behalf of the City) during consu-uction of the Project which
BNSF deems is reasonably necessary for the immediate restoration of railroad operations, or for
the protection of persons or BNSF property. Such work map be performed by BNSI= without
prior approval of the City and the City a� JVCS to fully reimburse 13NSF for all such emergency
work. BNSF shall, as soon as reasonably practicable after initiating such emergence work. notilY
the City as to the nature of the conditions creating_ the need for the emergency work.
5. Cessation of wain operations during Work Window. BNSF shall suspend all train
activity within the Wort: Window for completion of the Ninon Suva Work.
SECTION (I BNSFS RELATIONS WITH THE CITY'S CONTRACTOR
1. Insurance - Notice to Citv. The City agrees that it will not authorize any contractor to
over upon or perform any work contemplated by Ihis Agreement upon the BNSF Property or
BNSF mason ROW unless or until the insurance required by Scdion 11h13)(2) hereof shall be
delivered to and accepted by BNSF; and that sold insurance shall be kept in full force and effect
by the contractor during the times any work is being performed on the BNSF Property or BNSF
Mason ROW by any co nmctor or subconu'actor. BNSF agrees to notify the City within twemy
(20) calendar days following delivery of said certil"indes and policies of insurance to the BNSF.
whother said insurance has been accepted or rejected.
2. BNSF's Right to Stop Work. If the City! comnmor shall prosecute the City Work
upon BNSF Property or the BNSF Mason ROW contrary to the Plans and Specilicadoils or if
such contractor shall prosecute said work on BNSF Property or the BNSF Mason ROW in a
mautner reasonably deemed hazardous by BNSF to IN se progenies and the facilities located
thereon or the safe and expeditious movement of traffic Thereon, or if tho insurance prescribed in
Section 11131(2) hereof shall be canceled during progress of said work. or the City fails to pay
BNSF for the Temporary Construction License or the Eusement pursuant to Section II(A) of this
Agreement. BNSF shall have the right to mop said work on its properties until such acts or
omissions of the City or the City s contractor have been fully rectified in accordance with the
terms of this agreement to the reasonable satisfaction of' the BNSF. Such work stoppage shall
not give rise to or impose upon BNSF any liability to the City or any conu'actor. In the cvcm
BNSF shall stop the City Work herein provided. BNSF agrees to give immediate notice thereof,
in "Aling with deviled reasons for such %"wk stoppage. to the City F_ngineer, 281 North Collgoc.
Fort Collins. CC) 80522. BNSF also agree; to give immediate written notice to the City when
any such acts or omissions have been rectified to the satisfaction of BNSF.
7
3. Flagging Services. Any lime the City's Contruetcv is performin g an}' of the %pork
described in Paragraph I.( 512 of Whit E. the Cily'S contactor shell notify BNSF in writing
thirty (30) calendar days prior to beginning emd fire (5) business thtys prior to Slopping any work
which will requA flagging services as set forth in Exhibit E. Upon such notice. I]lNS1= shall
assign to the City's contractor flagmen as provided in Paragmph I. 5M3 of Exhibit E.
4. Billings to City's Contractor. During the perfonnance of the City \York. BNSF will
send the City's contractor progreake invoices for the costs of flagging Services performed by
BNSF under this Agreement. The Oty's contractor must rcimhurse 13NSF for Such Services
within thirty (30) clays of the date of the i aVC for such work. BNSF agrees to present its final
and complete hillings of all incurred roSIS ur the Ciiy'S crnvractor within six (6) months
MHowhg completion of the flagging seiTices as performed by BNSF at the contractors request.
The billing fur such \kork shall referenec the City's construction nunlhCr.
SECTION D. NIAINTENANCE
Upon completion of the Project, BNSF shall Ihcreafter operate. maintain, repair and keep
its roadbed, track and appurtenances, Wducling the railroad grade crossing warning deices at
each existing crossing clung Be Guideway. in properly working condition. In the event than
Federal or Slate funds or other funds become andlahle for use in the operatioy maintenance, or
repair of :my of the crossing warning devices along BNSF's right-of-way. 13NSF shall be free to
apply for such funds. BNSF shall not be responsible for maintaining the Guideway constructed
as part of Be Project. BNSF shall maintain the grade crossing surface from Be outside end of
the lie to the outside end of Be lie at single track crossings. The City shall bear the cost of
materials to maintain. repair, or replace the crossing surface. Upon completion of this project
and if any crossing of Be BNSF track within the PrQjecl shall need repairing or replacing. BNSF
shall bear the cost of installation, maintenance, repair or rephwnnent with materials provided by
the City.
ARTICLE III
COAUMIThIENTS ON THE PART OF T11E CITY
SECTION A. CITY ACTIVITIES
I. Construction by the City. The City shall perform, or cmue to be performed, in
manner acceptable to BNSF, all City Work upon the 13NSF Property and on the BNSF Won
ROW in aCCORdance with the Plans and Specifications and the leans of this Agreement.
?. Supervision by the Cite. the City shall supercisc and inspect the operations of all
City contractors to ❑ssure compliance with the Plans and Specifiraions and the terms of this
Agreement and all safety requirements of BNSF. However as all times Such contractor Shall be
considered an independent contractor. and not an employee or the Cite.
3. Pl:urs and Soccifications. prior to commencement of :ury constuction. delailcd
constuction IilanS and spCCificalions for the City Work Mind the Projecl Work Shull he furnished
IS
by the City at the City's expense to Andy Amp;uan, A'lana_er Public Projects of BNSF in Kawas
City. Kansas, for review rmd comments or approval in writing. BNSF shall provide comments or
written approval within ninety (90) days of receipt of such plans and specifications. B\SP's
approval shall not be Lill rcasonahfy withheld. and if BNSF fails to respond to any submission
within the ninety (90) clay period, that submission shall be deemed approved. Construction shall
not commence on ally City \Vork or Project Work prior to BNSF's approval of the plans and
specifications. Any approvad by 13NS1= shall mean only that the plans and specificatirnis meet (he
suhjectiyc sumdards of BNSP, and approval by BNSF shall nut be constared or deemed to be a
ratification or an adoption by BNSF of slid plans and sped f ications. BNSF shall not be liable or
responsible in any manner for the si uetual design dCWHS or construction of the Project. Work
on the 13NSF Property or BNSF Mason ROW not provided for by said plains and specifications
shall be done or performed only by and with the prior written consent of BNSF.
d. Utilities. The City's construction conuaet shall include prodsions that its
construction contractor take Such measures as B\SF and the City may agree upon in wrilin;
respecting ally utilities located upon the BNSF Property or BNSF Mason ROW as hereina tier
provided. It is understood and agreed Win (he mviter of any utility in or above the B\SF
Property retains the right to move, repair, recondition or relocate the sane. The City shall
require that if, during progress of the City Work, the Cify's conuactur shall discover any utility
that has a right to he on the BNSF Propeny or BNSF Mason ROW, but that is not specifically
mentioned and provided for elsewhere in the plans for the City Work, which utility must be
moved, repaired; reconditioned or reloaded because of the construction of the Project, the CiI's
contractor shall initiate immediate notice thereof to the City and BNSF. and the City mill tarnish
directions respecting the same; but. unlCSs othcnaise agreed upon between the City and BNSF.
the City will aU(IloriZC its contractor to make only such lemporary or emergency rcpait:S as mad,
he required to protect and safeguard the utility and the facilities of BNSF prior to
commencement of work thereon by the owner of the utility or BNSF. \Vhen such operations are
undertaken by the owners of the utility or BNSF, the City will require its contractor to cooperate
to the extent that nipple protection of such work will he provided. to the end that the entire
Project contemplated by this Agreement may be expedited. The terms "utility" and "utilities" as
used herein include all properties and Iacnies of any persons. firm or corporation constituting
any part of the utility system, including, but not fir hed to, pipe lines, tube lines, water and gas
mains, electrical conduits. sewer pipes, overhead wiring. and Suppcnling structures and
appurtenanccS.
1 Fha 52 Services (Specifications for Crntsuuction). In ronsidcratinn of the
requirements of 23 CPR, Pan 646. Subpar) B and Pan Ia0. Summn I the City agrees d m any
Contract awarded to ally contactor as herein provided will include in the specifications for
construction the Following general inlimnation:
(a) The provisions of this Agwemem applicable to the flagging services BN'Sl: may,
require during the perOrmance of the City \Vork upon BNSP Propery or the BNSF :Mason
RO\V.
9
(b) The cost per day for flagging services provided by BNSF. The estimated daily
cost for flagging is S 1200 based on an S hour day: beyond S hours and up to 16 hours. the daily
rate goes to time-:md-a-hal beyond 10 hours, the daily rate is (]cubic(].
(c) file tines and manner in which BNSF Will submit its billingS to the City's
contractor.
6. Reimbursement of BNSF. The City ((ill mindnn:se BNSF within thirty (30) calendar
A, after BNSF has formally billed the City for the costs of all services and materials supplied
to and work performed for the City, and for any insurance premium payntentS advanced by
BNSF for the insurance coverage herein provided. The City shall require the contactor to
reimburse BNSF within thirty (30) calendar clays after BNSF has formally hilled the City's
contractor Or 13NSP ]lagging services used Or project consu-uclion.
7. Pernits. The City must make any required application and obtain all required permits
and approvals for the construction of the Project, including the City Work. the Project Work and
the Railroad Work.
S. Utilities. The City shall be responsible for obtaining proper clearance or approval, in
writing, or formal agmemenl if utility adjusunents are required. 1'10111 utility companies which
may be involved in the Project. The City Shall furnish (IOCLUnentaliOn of such clearance nr
approval prior to installation of the proposed improvements.
9. Coordination of Work. The City's Project Engineer is the City Engineer, Helen
NligchelhrOk. The City's Project Engineer shall arrange with BNSF a nutually acceptable date
that Ilse Project Work and Railroad Work can begin and shall issue a written notice to proceed to
BNSF for said work. Prior to commencement of any construction, the City's Project Engineer
shall deliver to BNSF a development an(I phasing schedule for completion of the City Work.
BNSF shall provide comments or written approval within ninety (90) days of receipt of such
development and phasing sc wdWe. Construction shall not conunencc prior to 1314SP's approval
of the deyclopmem ;md phasing Schedule.
10. Cessation of Vehicle Traffic on Mason Street (urine \Volk \Vindnw. City agrees to
block all non -construction vehicular traffic lion using Mason Street from Of(] \lain Drivc to
Maple Strect during the Work Window and diligently enforce such traffic rest'iction.
SECTION 13. CITY"S CONS'FRUCfION CONTRACTOR ACTIVITIES
I. Cont'actor's Operations. The City nuiSt require its conu'actrn' to comply with the
obligations set AS in this Agreentent and the City hereby Ngrees to include in its constuction
contact provisions which require its contractor In keep and perform the folloc(�ing covenants.
conditions and stipulations:
(a) Notice. The City will rcilukc its conuactor to notify BNSF in Wrhmg at Nast
thirty_(30) days in advance of commencing any opemdons which require flagging services and
Ave (S) days in advance of disconthumice of such protective soviets.
(b) BNSP Contractor's Requirements. The City will require its contactor to comply
with the requirements set forth in Exhibit F.
(c) 13NSF/Contraetor's Agreement. Prior to allowing its contractor to enter onto the
BNSF Property or BNSF \-lason RO\i', the City will rcquirc its conuactor to OSM'tIC anti deliver
to B14SF the Agreement between BNSF and contractor. airachetl hereto as Exhibit F-I.
? Contractor's Insurance. The City shall require its contractor to furnish to the Cite the
certificates and policies of insurance as described in Exhibit GI. Railroad Insurance. and shall
deliver the same directly to 13NSF. All certificates and policies of insurance required hereunder
shall comply with the requirements of 33 CFR, Part 646. Subpart A. The CiVs conuactor or its
subcontractors, shall not be allowed to enter upon or perform any City \Vok upon the BNSF
Property or the BNSF Mason ISM unless or until the aforesaid insurance shall have been
accepted by RISE. All such insurance shall be kept in full force and effect during ;ell times the
Crays conuactor is performing any such work upon or adjacent to the BNSF Property. BNSF
\lason RO\V or any other BNSF properly.
3. Crossings and Roadways. The City shrill require of its conuactor That new crossings
at-gmde of 13NSF's track shall not be established or used by tine City's Cont'acl0- except by
separate agreement between the City's conuactor and BNSF at such places, and under such flag
projection or protective devices, as shall be approved or designated by BNSF. BNS17 may
perform all or any part of the work incident to emablishim, any such crossing at -grade or of
removing the same and restoring its track and roadbed, or BNSF may rcquirc the City's
contractor to perform all or any potion of such work. 'file City will rcquirc its contractor to
maintain any such crossing so established in firm -class condition at all times and to keep
Ilangeways free of We. snow, dirt rock and debris and to install, operate. maintain and remove in
manner sadsfacioy w BNSF suitable barricades adequate to prevent unauthorized vehicles or
equipment Gom usin � Such rro,Sings or roadways. All cost and expense incident to
establishment, maintenance. operation and removal of any such crossings or roadways and
barricades. whether the work be performed by BNSF or by the Chy's contractor, shall be borne
and paid by City's contractor as part of the City's construction contract. Nouwithstand ijig
anything elsewhere contained in this Agreement, it is understood and asreed that the City will
require its contractor to agree that it will not at any time cross BNSF tracks with vehicles or
equipment of any kind or characten except at existing public crossings or at crossings established
as provided form this paragraph.
4. Delay to Trains. The City shall rcquirc its conuactor ur be responsible to BNSF and
its tenants for all damages Or delay which may be sustained by BNSF or its tenants. or their
employees, passengers or freight in its or their care caused by any interference which could have
been avoided by proper handling of the City AVmk except during the AYork \Vindow.
>. Advance Warning Protection. The City will rcyuirc ilS contractor to furnish, maintain
and install advance wdrninh-, signs or barricade protection vvIlich nay he mquireil for the duration
of the City WmK for the protection of BNSF's facilities and the work contemplated hereunder.
G. Subcontractors. All of the limitations and obligations imposed upon the City's
construction contractor by the City and all rights reserved to BNSF by this Agreement shall
apply with equal force and effect to :my subconl actor(s) performing any City Work for the
Cily'S contactor upon the BNSF Properly or the BNSF Mason ROW. The City will provide that
its contactor shall be primarily liable and responsible to BNSF for all acts or omissions of any of
the contractor's subcontactor(s) employed upon the BNSF Property or the BNSF Mason ROW.
Nothing herein contained shall he const ad to preclude BNSF from proceedine against the
City's contactor and subcontractors individually or collectively. Only those SubcontaclorS
whose operations are covered by the insurance priwfshms of Section (III413)(2) hereof will be
authorized to work upon BNSF's Property or the BNSF Nlason ROW.
7. Protection of Fiber Optic Cable System. The City agrees to include the following
provisions in its comes with any contactor perforating any City Work on the BNSF Progeny
or the BNSF Nlason ROW:
Connector is placed on notice that fiber optic, communication and other cable
lines and systems (collectively, the "Lines') owned by various
telecommunications companies may be bladed on. BNSF's property or right-
of-way. The locations of these Lines have been included on the plans based
on information from the telecommunkations companies. Contractor will be
responsible for contacting BNSF's Engineering Representative
( ). BNSF's Signal Representative ( I. and the
telecommunications companies and notifying them of any work that may
damage these Lines or facilities and/or interfere with their Service. Contractor
must also mark all Lines shown on the plans or marked in the field in order to
verify their locations. Contactor nnSI ASO use all reasonable metho(lS when
working in the BNSF right-of-way or on BNSF property to determine if any
other Lines (fiber optic. cable. communication or otltern'ise) may e.Xist.
Contactor will he responsible for the rearrangement of any Iacilities or Lines
determined to interfere with the construction. Contractor must cooperate fully
with any teleconununicntion s contpany0es) in performing such
returmsemems.
Failure to mark or idemify these Line; will he Sufficient cause for BNSF's
Enginecrin« Representative to stop construction ni no cost to the City or
BNSF until these items tar completed.
In addition to the liability terms crnuained elsewhere in this A��recmcm,
Contactor hembv indemnifies. ddhols and holds harn Icss BNSF IN from
and a=nainst all cost. liability. ❑ud eNpensc whatsoever tincluilinL, without
12
limituion. attorney's fees and court costs and expenses) arising out of or in
any way contributed to by any act or omission of Contractor. its
subconuamor... agents and/or employees than cansc or in any "my or degree
contribute to (I ) any damage to or destruction of any Lines by Contrac(or.
and/or its subcontractors. agents and/or employees. on BN61's property or
within BNSFs right-of-wly. (2) any injury to or death of any person
employed by or on behalf of any Icleconununiwahns compimy. and/or its
contractor, agents and/or employees. on BNSF's property or within BNSF's
righl-of-ova y. and/or (3) any claim or cause of action for alleged loss of profits
or rCenue by, or loss of service by a customer or user of such
telecommunication company(ies, TIIE LIABILITY ASSUNIED BY
CONTRACTOR WILL No'r BF, AFFECTED BY TFIE FACT, IF I'l- IS
A FACT, TIIA'r THE D NIAGE, DESTRUCTION, INJURY, DEATH,
CAUSE OF ACTION OR CLAINI WAS OCCASIONED BY OR
CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENI:S,
SERVANTS, ENIPLOYEES OR OTHERWISE, EXCEPT TO THE
EXTENT THAT SUCH CI.AI1JIS ARE PROSIIL\'rELI' C,kUSI.D 11Y
nu INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF
BNSF.
S. Oblieation to BNSFN Tenants. BNSF shall hate no obligation with respect to
removing, relocating, or reinstalling the facilities of its lessees or licensees, required to be
removed, relocated or reinstalled as result of the City's construction of the Project. The City
shall make all arrangements with the lessees and/or licensees, which arrangements shall be
subject to the approved of BNSF.
9. Job Site Cleanup. The Cily's contractor shall be responsible for all job site cleanup
and restoration, including removal of Of construction materials, concrete debris, surplus soil.
refuse, contaminated soils, asphalt debris, litter and other waste materials resulting from the City
Work to the satisfaction of BNSF.
SECTION C. ,MAINTENANCE
Upon comPletion of construction of the City Work, the City will maintain, at City
expense. (he Guickway. the Project Work, and the City \York. Thesc maintenance requirements
do Hot impose upon the City any responsibility for care nr maintenance of Pre-existing drainage
not affected by or directly rehued to the City Work or Project Work herein described. nor for
care or maintenance of BNSF*- roadbed, communication ❑n l signal lines. tracks and
appurtenances. if any. Upon completion of this Projeo and if any crossing of the 13NSF track
shall need maintaining. repairing or replacing. the City shall been' the cost of the materials to
maintain. rcpairor repkwe the crossing surface as prescrihed by the PUC.
Prior to amv maintenance work or repair of the City Work which requires the City or its
cnnlramorS to he on. over or within BNSF Propeny or the BNSF Mon RCAY or at ane time
when the Ci(y desires to muCr upon the BNSF Property or the BNSI- Mason ROW \vith anv
131
vehicle or equipment for any purpose whatsoever. five (5) days advance notice must be given ro
Railroad Company's Roadnsuter. currently Terry NleIander, office phone 307-631-3443 and cell
phone 30T432-7357. Said notice shall inform BNSFs Roa hm ster of the dwgs) of the
proposal maintenance, repair or desired vehicular or equipment access. the maure of the
maintenance, repair or access to he performed and the manner in which the maintenance, repair
and access shall he performed. Upon receipt of such notice. BNSF's RoadmaSter will determine
and inform the City whether a flagman need he present anti hvhether the City need implement any
special safety measures. If any flagmen or other Why measwes are require(] or poilormed by
BNSF. such services will be provided by BNSF at the City's expense. No maintenance
performed by the City shall cause any interference with the constant, continuous and
uninterrupted use of the tracks, property and facilities of BNSF or those using BNSF's facilities
with its permission. The City agrees thou any contractor retained to perform maintenance or
repair on. over or %vithin BNSFs ri ht-of-wa1' %Fill have in place for the duration of such
maintenance the insurance requited in Exhibil GI and comply with all terms of Exhibit E and
Exhibit Ed.
The City Shall have no right to construct or place an), alterations with respect to the
Guideway or the City Work without the prior written consent of BNSF. Any hvork relating to the
construction or placement of Guideway or City Work alterations shall be pedbnncd in
accorclance %with this Section C and any other restrictions. limitations or conditions required by
BNSF.
SECTION D. TRESPASSER ORDINANCE
I. Trespasser Ordinance. In the event that by May 31, 2011, the City has failed to
enact an ordinance (the —Trespasser Ordinance") to classify :illy person who enters upon
property owned, leased or operated by a railroad without such raihoad's consent as a trespasser
who shall be subject to a penalty of a monetary fine. imprisonment or both, BNSF may terminate
this Agreement immediately upon "Thten notice to the City. For purposes of the Trespasser
Ordinance, the fact that the railroad has notice of the possibility or likelihood of Such pet:Son'S
presence shall have no effect on Such person's status as a trespasser. 'Pile Trespasser Ordinance
may include reasonable exceptions fix police. cnhergency personnel. Federal Railroad
Administration employees. National Transportation Safely Board employees and other similar
personnel acting in their official duties. after \lay 31, 2011, if the Trespasser Ordinance is
repealed or is ineffective for Lilly reason. and the City fails to enact a replacement ordinance
satisfactory to 13NSF within Ibrt1-five (45) days, the City must immediately cease all operations
Oil the Guideway and suspend all operationS on the Guideway until the efj'ertivcncsS of the
Trespasser Ordinance is restored. During the 45 dap' legisl:tice process to restore (lie llesparsser
Ordinance. the City \vill utilize its gencnrl trespass Ordinance to meet its ObligationS under this
Section.
2. Station Postings. Prior to the commencement of BRT Service on the Guidevya v, the
City shall place and thereafter maintain signagc al hits stops and nations instructing the puhlic to
look for trains and Io cross the railroad right-of=way only as desi1_1rated puhlic croSSings. Posted
14
signs must include a warning that crossing the iailtnad Aghl-of-way at location; other than
designated public crossings is a violation of the Trespasser Ordinance.
SECTION E. REPEAL OR AMENDMENT OF PORTIONS OF FORT COLLINS CODE
City Code Sections 2243 and 2842 currently require railway companies operating their
AWlys on or in the streets in the City to pave and maimain that part of the street lying between
the rails for such tack and nvo feet outside each rail. Section 28-42 also requires any such
ri%%y company to keep its tack at the same level as the street on either sicle of the track. Since
the BNSF tack.within Mason Street will be an open ballast tack separated from NMason Strcet
by curb and ginner. except where intersecting streets cross the BNSF tacks, these
ordin:unces/code SMionS will no longer be applicable. In the event that by May 31. 2011. the
City has failed to enact an ordinance to amend these ordinances Lind/nr code sections as
necessary to reflect the Project's effect on BNSFs tracks within NMason Street, BNSF may
terminate this Agrcenenl immediwely upon written notice to the City. Alter May 31, 201 L if
the ordinance contemplated by this Section is repealed atis ineffective for any reason, and the
City fails to enact a replacement ordinance satisfactory to BNSF within forty-five (45) daps. the
City must inuncdincly cease all operations on the Guideway and suspend till operations on the
Guideway until the effectiveness of the ordinance contemplated by Ibis Section is restored.
SECTION F. ANMENDING ORDINANCE NO. 19.1877
Ordinance No. 19, 1877 chaed June 28. 1877 e mted to BNSFs predecessor in interest.
the Colorado Cenral Railroad Company. the perpetual right to build, conmrum, and openue it
railroad tack on it right of way in and through the town of Fort Collins through and along N'lason
Street from Laurel Strcet on the south end of town to Vine Smcet on the nosh end of lows. No
specific width of the right of way is identified. In the event that by NMay 31. 2011. the City has
failed to enact an ordinance to amend Ordinance No. 19. 1877 to provide a right of way width of
eighteen (18) feet for the entire length of the BNSF Mason ROW. except for the segment
bemeen j 1 and 1 1 during which the right of way width shall he fourteen (I l)
feet in order to accommodate a turn lane for vehicular Wic on Mason Street. BNSF may
terminate this Agreement immediately upon written notice to the City. From time to time at
BNSF's request, the City shall close the turn Zane between 1 and ( j to vehicular
traffic in order to allow BNSF to use mechanized equipment to maintain the track. "The
Lunendntcnl to the BNSF Mason ROW and Street closure contemplated in this Section shall he at
no cost to BNSF. After May 31. 201 L if the ordinance cnnfempktcd by this Section is repealed
or is ineffective for any reason. and the Ciiy fails to enact a replacement ordinance satisfactory to
1314SF within folly -five (45) clays, the City must immediately cease Lill operations un the
Guideway and suspend all operations on the Guideway until the effectiveness of the ordinance
contemplatcd by this Section is restored.
SECTION G. PUC APPLICATION
The City shall make all necessary applications In the Public Utilities Commission ([lie
'TUC) required in connection with the Project. BNSF shall provide reasonable cooper:uion to
15
the City, at the Chy's sole cost and expense. in presenting all matters involved to the PUC in
connection with the application.
ARTICLE IV
ADDITIONAL PROVISIONS
SECTION A. RELATED WORK
I. Pedestrian Overpass and Underpass. In connection with the Project the City will
construct a pedestrian underpass under BNSQ right-of-way at Tt'ouunan Parkway and a
pedestrian overpass over BNSF's right of way adjacent to the Nallu-al Resources Research
Center, each at the location identified in Exhibit B-1 and Exhibit B-2 (collectively. the
"Pedestrian Structures"). The City and BNSF shall enter into an Overpass Agreement.
substantially in the form attached hereto as L-xMbh F and an Underpass Agreement, substantially
in the form attached hereto as Exhibit G for each such Pedestibn Structures. Among other
provisions, the Pedestrian Structures Agreements shall cmHWn 0) a grunt by BNSF to the City of
necessary property rights for the construction and placement of the Pedestrian Stuctures and
00 requirements relating to the construction and maintenance of the Pedestrian Structures,
including requirements for insurance and indernriMcation relating to the Pedestrian Structures.
The Pedestrian Structures shall be constructed in such a way as to accommodate modifications to
BNSF's railroad facifities, including the construction of addiiianal tacks.
2. Stand Upgrades. In connection with the Project, BNSF and the City m ill perform, at
the 01y's sole expense, certain modifications and upgrades to the grade crossing %vau-nin,
devices at harmony Road (DOT # 24462050, Uhl -smooth Road (DOT #244622C), Swallow
Road (DOT #039367U). Drake Road (DOT #244624R), Pitkin Street (DOT # 24462s,) and
University r\yenue (DOT #244629A). The respective responsibilities of the City and BNSF and
the terms and conditions applicable to the grade crossing signal work to be performed by the
Parties are set forth in the Grade Crossing Signal Installation Agreements attached hereto as
Exhibit IN (Harmony Road). Exhibit I-I-2 (Horsetooth Road). Exhibit 11-3 (Swallow Road),
Exhibit H44 (Drake Rowdy Exhibit 11-5 (Pitkin Steet) and Exhibit H-6 (University Avenue),
mThich the City and BNSF will enter into contemporaneously with this Agreement. A detailed
estimate of BNSF's construction engineering. installation labor (including the costs. if any, of
electrical service from a public utility) and material costs required far each grade crossing signal
project is attached as an eddhit to the applicable Grade Grossing Signal installation Agreement.
The respective cost estimates assume the City will provide BNSF with electrical scryice and
conduit packs at each crossing. In the event constuctirni for any grade crossingp signal roject
has not commenced within ninety r90) days following the ElTcctive. BNSF may. in its reasonable
discretion, revise such applicable cost estimate.
SECTION B. FEDERAL AID PROJECTS
It is understood that the project herein contemplated shall be financed in pact front lands
made available by the Federal Government and expended under Federal re ulation.c that all
plans. estimates of cost. specifications. authorizations. awards of contacts, acceptances ill work
16
'COv&
EXHIBIT F
««««' MAINTAIN PROPRIETARY CONFIDENTIALITY v* *
BNSF RAILWAY COMPANY
FHPM ESTIMATE FOR
CITY OF FT COLLINS
LOCATION FTCOLLINS I DETAILS OF ESTIMATE PLANITEM: W0178091 VERSION: 1
PURPOSE, JUSTIFICATION AND DESCRIPTION
REVISED TO NEW PRICING LIST 09/04/03
INSTALL CONSTANT WARNING, ADVANCED PREEMPTION, AND UPGRADE CROSSING AT PROSPECT STREET IN FORT COLLINS, CO. LS
476 MP 72.78 COLORADO DIV., FRONT RANGE SUBDIV, DOT 9244626E.
MONTHLY POWER UTILITY COST CENTER: 61504
SEC. NXXXXX
THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTATIVE PACKAGES USED FOR ESTIMATING PURPOSES ONLY.
THEY CAN BE EXPECTED TO CHANGE AFTER THE ENGINEERING PROCESS, DETAILED AND ACCURATE MATERIAL LISTS WILL BE
FURNISHED WHEN ENGINEERING IS COMPLETED.
CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON TUE BNSF RAILROAD,
THIS ESTIMATE GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR MATERIAL, LABOR, AND
OVERHEADS. '
........««.«a«««ara..aarr...... SIGNAL WORK ONLY..r.«««r«.«.aa«arr.ar....s.....
THE CITY OF FT. COLLINS IS FUNDING THIS PROJECT 100%
MAINTAIN PROPRIETARY CONFIDENTIALITY
THE CITY OF FORT COLLINS IS PROVIDING 100 AMP SERVICE AND CONDUIT PACKS AT EACH CROSSING LOCATION.
DESCRIPTION
LABOR
QUANTITY U/M COST TOTAL $
PLACE FIELD WELDS -CAP
36.8 MH
941
PLACE OTM - CAP
17.44 MH
388
SIGNAL FIELD LABOR -CAP
1232.0 MH
32,106
SIGNAL SHOP LABOR -CAP
80.0 MH
2,104
PAYROLL ASSOCIATED COSTS
21,503
EQUIPMENTEXPENSES
11,751
DA LABOR OVERHEADS
34,240
INSURANCE EXPENSES
5,593
TOTAL LABOR COST 108,626
MATERIAL
PLUG RAIL,GENERIC,INSULATED,BONDED, 40 FT,FOR
2.0 EA X
4,500
WELDKIT, GENERIC FOR ALL RAILWEIGHTS
4.0 KTX
278
ADVANCED PREEMPTION COMPLETE
1.0 LS N
7,999
ASSY. HANK 48 DIM
1.0 EA N
1,360
BATTERY
1.0 LS N
Q197
BUNGALOW 6X6
1.0 EA N
8,612
BUNGALOW MATERIAL
10 LS N
8,525
CABLE
1.0 LS N
6.502
CABLE, DAY
I500.0 FT N
4,051
CHARGERS
1.0 LS N
1.020
CONDUIT, PVC 4", SCH 80
I500 FT
525
CONSTANT WARNING
1.0 EA N
28.528
FIELD MATERIAL
1.0 LS N
4.797
INDUCTOR, DUMMY LOAD
2.0 EA N
952
LED LIGHT ADJUSTMENT
12.0 EA N
2.892
LED LIGHT GATE KIT
4.0 EA N
1,588
LIGHT OUT DETECTOR
L0 EA N
946
.MODULE, DAX
2.0 EA N
2,830
RECORDER
1.0 EA N
3,748
RELAY
20 EA N
L000
SHUNT, NBS
2.0 EA N
1.890
SIGN, X-BUCK
4.0 EA N
924
TELLULAR DEVICE
1.0 EA N
2,600
MATERIAL HANDLING
238
USE TAX
7,063
OFFLINE TRANSPORTATION
1.313
108,626
TOTAL MATERIAL COST
Page 1 of 2
113,878 113878
and procedures in g�enerttl are Subject at all time, to all Federal Taws, rules, regulations. orders
and approvals applying to Federal projects.
SECTION C. COST TO BNSF
Pursuant to 49 CFR 1.48. and in accordance with part 646.2IOb(I) of 23 CFR, it is
determined that the improvements herein provided will not result in ascertainable benefits to
BNSF, and that consequently liability for the costs thereof shall not be required of BNSF.
SECTION D. CANCELLATION
In the event delays or difficulties arise in securing necessary approvals, or in acquiring
necess:u'y right of way, or in sealing damages or damage claims, or for any other reason, which,
in the opinion of the City render it impracticable to utilize funds front the current appropriation
for the construction of the Project, then at any time before actual construction is started pursuant
to proper approval or authority, the City nhW serve formal notice of cancellation upon BNSF and
this Agreement shall thereupon become null and void. In the event of such ctuwelLuion, the City
Will reimburse BNSF for all rel.ued preliminary engineering costs incurred prior to the eficctive
cancellation date.
SECTION E. TERMINATION
No termination or expiration of this Agreement shall release either Party from any
liability or obligation under thisAgreemem, whether indemnity or othenvise, resulting from any
acts, omissions or events Imppening* prior to the bate of such termination or cancellation.
In the event of early termination of this Agreement by the City for any reason. BNSF and
subcontractors shall in no event be entitled to any prospective Profits or reimbursement of
prospective overhead and general expenses, administrative expenses, or damages (whether
indirect, inddemal, consequential or othenvise) because of such termination.
SECTION F. PERFORMANCE OF WORK: CHANGES
All well contemplated in this Agreement must be performed in a good and workmanlike
manner and each portion must be promptly commenced by the party obligated hereunder to
perform the same and thereafter diligently prosecuted to conclusion in its logical order and
Se(Iuence. Furthermore, any changes or modifications during construction which affect BNSF
will lie subject to BNSF's "Allen approval prior to the conunencemem of any such changes or
modifications from the BNSF Project AManager.
The CA must require its contractors) to reasonably adhere to the Prgjcct's construction
schedule for all City Work. The parties hereto annually agree that BNSFs failure to einnplctc
the Railroad Work or Project Work in accordance with the cnnsu'uction schedule due to
inclement weather or unforeseen raihnad ennergcncieS will not constitute a breach of this
Agreement by BNSF and will not subject BNSF to any liability. Rcgadless of the requirements
17
of the construction schedule. BNSF reserves the right to reallocate the labor forces assigned to
complete the Railroad %Vork or Pru_ject Work performed by BNSF in the event of an emergency
to provide for the immediate restoration of railroad operations (BNSF or its related railroads) or
to protect persons or property on or near any BNSF owned property. BNSF will not be liable for
any additional costs or expenses resulting from any such reallocation of its'labor forces. The
parties mutually agree that any reallocation of Tabor forces by BNSF pursuant to this provision
and any direct or indirect consequences or costs resulting Boni any such reallocation will not
constitute it breach of this Agreement by BNSF.
No change Shull he made in the Railroad Work Which will alter the character or scope of
the Railroad Work- without prior written authorization Iium the City. BNSF shall he responsible
for cost increases resulting from unauthorized changes in said Ra lwad Work.
SECTION G. SUCCESSORS AND ASSIGNS; TRANSFER
Poll of the covenants and provisions hereof shall inure ter the benefit of and be binding
upon the parties hereto, their successors and assigns.
The City may only assign its rights and obligations under this Agreement to it
governmental entity designated or delegated by the State of Colorado or by applicable state law
that has Succeeded to and assumed, in writing, all of the Uty's right. titlee and interest in and to
this Agreement.
SECTION 11. TERMINATION OF PREVIOUS AGREEMENT'S
Pursuant to that certain Lease (Lease No. 5496), dated September 10, 1974, by and
between the Colorado and Southern Railroad Company 0 predecessor to BNSF) and the
Colorado State Board of Agriculture (the governing board of Colorado Stale University
("CSU" ), BNSF gramed an easement to CSU between milepost 721 and milepost 7314. whhi)
the campus of CSU (the `CSU Easement'). Contemporaneously with the execution of this
Agreement. the CSU Easement shall be terminated and replaced with an casement cowering only
Me property within CSU's campus that is not included in the Easement. The new CSU easement
shall contain terns acceptable to BNSF and conuncnsuraw with similar easements granted by
BNSF.
SECTION I. CITY APPROVAL: AVAILABILITY OF FUNDS
This Agreement shall not he deemed valid until A shall have been approved by the City
-Manager. Financial obligations of the My of Fort Collins payable ;tiler the current fiScal year are
contingent upon funds for that purpose being appropriated. budgeted. and otherwise made
available. I❑ the event the City tails to appropriate, budge, or otherwise make available funds to
fulfill the obligations conutined in This Agreement. the City shall immedWicly suspend opendion
of the BRT Service on the Guideway until lands are made available for the City to satisfy ils
ohligolions. including_ all obligations accruing hclik)re or during the time of suspension. In the
eVent the Suspension of BRT Service on the Guideway lasts for a period of six (6) months, the
18
Easement shall terminate and the City shall be required to restore the BSNF Property in
accordance with Section 9 of the Easement Agrcemem.
SECTION J. NOTICE
Except as otherwise provided for herein, any notice provided for or concerning this
agreement shall be in "thing and he deemed sulTiciently ghvn when sent by certified mail.
return receipt requested. to the parties at the following addresses:
To City:
Helen \ligchelbrink. City Engineer
City of Fort Collins
Engineering Dep ti ment
281 Not College Avcnuc
Foal Collins, Colorado 80522
To BNSF:
Andy Ampamn
Manager. Public Projects
BNSF Railway Company
4515 Kansas Avemte .
Kansas City. KS 66106
SECTION K. A;14ENDMENhS
Except as otherwise expressly provided in. this Agreement. no weive.r, modification.
addition, or amendment to this Agreement shall be of any force or effect unless reduced to
writing executed by the authorized officers or agents of each Party.
SECTION L. SEVERABII..ITy
If any term, covenant, condition. or provision of this Areement, or the application
thereof to any person or circtunstance, is found to he invalid or unenforceable in any respect. the
remainder of this Agreement. and the application of such tenn or provision to other persons or
circumstances nevertheless shall he hSling \Will the same cflect as if the invalid m
unenforceable provision were originally deleted. 'file Patties agree to hw,Wn in good faith to
reform this Agreement or replace any invalid or unenforceable provision with ❑ valid and
enforceable provision that conics as close as possible to the intention of the invalid or
unenfnrcande provision. If the Ondid or unenforceable term. covenant. condition or provision
is conmined in SCOW (II1101) of this Agreement. then BNSF may ruluire the City to suspend :all
of its ;activities on the Guideway until such lime as the Forties agave on t valid and cKforceahle
substitute term, covcmou. condition or provision that will prOviile BNSF with the equivalent
19
level of protection against those claims and damages (including environmemal claims and
damages) for which BNSF is m have recourse under this Agreement.
SECTION M. APPLICABLE- LAWCHOICE OF FORUM
The laws of Be United Slates of Amcrica and, to the extent not preempted by fcdend W.
the laws of the State of Colorado shall govern the interpretation of this Agrccmeni. the
relationship of the Pmlies under this Agreement and all disputcS relating to the ntatets stated in
this Agreement, without regard to the choice of law principles of that Stale. Litigation ;wising
out of or in connection with this Agreement may he insliurted and maintained only in the Federal
courts located in the Stale of Colorado. so long as jtwisdiction is proper in such courts, and the
Pants consent to the exercise by those courts of jurisdiction over their person. and consent to
service of process issued by such comaS. The venue for any action relating to this Agreement
shall he in the U.S. District Court. District of Colorado.
SECTION N. SURVIVAL
Any and all provisions or obligations contained in this Agreenunt that by their nature or
effect are required or intended to be observed, kept, or performed after termination of this
Agreement will survive the termination of this Agreement. h is mutually understood and agreed
that the allocations of liability, releases, and indenutificationS under this Agreement shall Survive
any termination of this Agreement.
SECTION O. PREPARATION
The Parties and their legal counsel have cooperated in the draping of this Agreement.
Accordingly, this Agreement shall be deemed the joint work ptnduct of the Parties and not be
construed against either Party by reason of such prepawation.
SECTION P. THIRD PARTY BENEFICIARIES
This Agreement is intended for the sole benefit of the Panics hereto. Nothing in this
Agreement is intended or may he construed to give any pcison or entity, other than the Parties
hereto, their Permitted Successors.and permitted assigns, any legal or equitable right. remedy, or
claim under this Agreement.
SECTION Q. HEADINGS
The senion headings of this Agreement are for C9nt-ClItuCC and retirence only and in no
way define, limit or describe (lie scope or intent c the section or this Agreement.
20
SECTION R. COUNTERPARTS
This ,agreement mad' he cXecuted in one or more countcrpartc each of Which Shall be
deemed to be an original, and such counterparts together shall conslitrtte one and the same
instrument.
SECTION S. ENTIRE AGREEMENT
This Agreement (including exhibits and other documents. manuals. clr. incorporated
herein) is the full and complcle agreement bet"ven B04SF and the Cite with respect to the
Object matter herein and supersedes any :md all other prior agreements between the Parties.
ISignaaue page foll.'wsl
21
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
and attested by its duly qualified and authorized officials as of the day and yeas first above
written.
CITY OF FORT COLLINS, LORADO BNSF RAILWAY COMP,�NY
By By,
Darin Atteberry Titley h
City Manager
City of Fort Collins
281 North College
Fort Collins, CO 80522 Attest
Federal Employer Identification
No. 41-6034000
4515 Kansas Avenue
By Nul•: Kansas City, KS 66106
Approved as
City Attorney
m
Title: BNSF
Date: 5-29-12
CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE)
Checklist Item
Contract File
Comments
Location
7) Independent Cost Estimate
The City made and documented an
yes
independent cost estimate before receipt of
proposals.
10) Unnecessary Experience and
Excessive Bonding
Unnecessary experience and excessive
No
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
No
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
No
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
No
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 Ian ua e.
14) Geographic Preferences
The solicitation contains no in -State or local
geographic preference except where Federal
no
statutes mandate or encourage them.
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
no
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
awarding to a responsible contractor
considering such matters as contractor
Only contractor that can do the
integrity, compliance with public policy, record
of past performance, and financial and
work.
technical resources.
1. yes
1. Appropriate Financial, equipment, facility
2. yes
and personnel. (Y/N)
3. yes
2. Ability to meet delivery schedule. (Y/N)
4.
3. Satisfactory period of performance. (Y/N)
yes
5.
4. Satisfactory record of integrity, not on
yes
declined or suspended listings. (Y/N)
5. Receipt of all necessary data from
vendor. (Y/N)
19) Sound and Complete Agreement
This contract is a sound and complete
agreement. In addition, it includes remedies
yes
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
Yes
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
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
1. yes
source. (Verify prices are no higher than price
2. no
for such item by likely customers.)
3. no
(2) Public exigency for the requirement did
4.
not permit a delay resulting from a
yes
competitive solicitation.
5. Only one source
(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
Cost analysis and profit negations were
performed (initial award and modifications)
And documented for price reasonableness
NA
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
order to determine contract award. (To be
yes
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
of this procurement. At a minimum, these
records include:
(1) the rationale for the method of
Yes for all
procurement,
(2) Selection of contract type,
(3) reasons for contractor selection or
rejection, and
4 the basis for the contract pnce.
43) Exercise of Options
The grantee exercised an option on this
contract adhering to the terms and conditions
of the option stated in the contract and
determined that the option price was better
no
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
amendment was treated as a sole source
no
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
Correct
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
Owned by the railroad.
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
This is a time and materials contract; the
grantee determined that no other type of
Na
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
Na
type contract.
49) Liquidated Damages Provisions
This contract contains liquidated damages
provisions and the assessment for damages
Na
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.
no
2) The procurement file contains: Price
reasonableness determination.
56) Clauses
This contract contains the appropriate FTA
Yes
required clauses.
Excluded Parties Search
EPS run and include in the file.
no
EXHIBIT F
OTHER Yy
CONTRACT ENGR.
TOTAL OTHER ITEMS COST
PROJECT SUBTOTAL
CONTINGENCIES
BILL PREPARATION FEE
GROSS PROJECT COST
LESS COST PAID BY BNSF
TOTAL BILLABLE COST
1.0 EA N 6.000
6,W0 6.W0
2'_8,504
22,850
2.574
253,868
'_53,868
Page 2 of 2
SWo�'kouJ
EXHIBIT F
..•.. MAINTAIN PROPRIETARY CONFIDENTIALITY '••••
BNSF RAILWAY COMPANY
FHPM ESTIMATE FOR
FT. COLLINS
LOCATION FT.COLLINS DETAILS OF ESTIMATE PLANITEM: PS1089367U VERSION: 1
PURPOSE, JUSTIFICATION AND DESCRIPTION
REVISED TO NEW PRICING LIST 09IN/03
INSTALL CONSTANT WARNING. ADVANCED PREEMPTION, AND UPGRADE CIRCUITRY AT SWALLOW ROAD IN FORT COLLINS, CO. LS 476
MP 7133 COLORADO DIV_ FRONT RANGE SUBDIV., DOT Y089367U.
MONTHLY POWER UTILITY COST CENTER: 61504
SEQ.*XXXXX
THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTATIVE PACKAGES USED FOR ESTIMATING PURPOSES ONLY.
THEY CAN BE EXPECTED TO CHANGE AFTER THE ENGINEERING PROCESS, DETAILED AND ACCURATE MATERIAL LISTS WILL BE
FURNISHED WHEN ENGINEERING IS COMPLETED.
CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD.
THIS ESTIMATE GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR MATERIAL, LABOR, AND
OVERHEADS.
........................ a.....a SIGNAL WORK ONLY...............................
THE CITY OF FT. COLLINS IS FUNDING THIS PROJECT 100%.
MAINTAIN PROPRIETARY CONFIDENTIALITY
THE CITY OF FORT COLLINS IS PROVIDING 100 AMP SERVICE AND CONDUIT PACKS AT EACH CROSSING LOCATION.
DESCRIPTION QUANTITY U/M COST TOTAL$
LABOR
SIGNAL FIELD LABOR -CAP 952.0 MH 24.810
PAYROLL ASSOCIATED COSTS 15,012
EQUIPMENT EXPENSES 8,204
DA LABOR OVERHEADS 23,904
INSURANCE EXPENSES 3,905
TOTAL LABOR COST
MATERIAL
ADVANCED PREEMPTION COMPLETE
BATTERY
BUNGALOW MATERIAL
CHARGERS
CONSTANT WARNING
FIELD MATERIAL
LED LIGHT ADJUSTMENT
LED LIGHT GATE KIT
LED RETROFIT LIGHT UNIT
RELAY
SHUNT, NBS
SIGN. X-BUCK
USE TAX
OFFLINE TRANSPORTATION
TOTAL MATERIAL COST
„ OTHER
CONTRACTENGR.
TOTAL OTHER ITEMS COST
PROJECT SUBTOTAL
CONTINGENCIES
BILL PREPARATION FEE
GROSS PROJECT COST
LESS COST PAID BY BNSF
TOTAL BILLABLE COST
1.0 LS N
1.0 LS N
1.0 LS N
1.0 LS N
1.0 EA N
1.0 LS N
12.0 EA N
20 EA
1'_.0 EA N
2.0 EA N
2.0 EA N
4.0 EA N
75,835
7.999
3,000
1,000
1.020
'_8,5'_8
I,000
'_.892
794
1.644
1,000
1,890
924
3.470
644
75,835
55.805 55.805
1.0 EA N 6,000
000 6.000
137,640
13.764
1.515
IS'.919
a
15_2.919
Page i of 1
uty"Sl-km
EXHIBIT E
MAINTAIN PROPRIETARY CONFIDENTIALITY '...
BNSF RAILWAY COMPANY
FHPM ESTIMATE FOR
CITY OF FT. COLLINS
LOCATION FTCOLLINS DETAILS OF ESTIMATE PLANITEM: W0178081 VERSION: I
PURPOSE, JUSTIFICATION AND DESCRIPTION
REVISED TO NEW PRICING LIST WIN/03
INSTALL CONSTANT WARNING, ADVANCED PREEMPTION, AND FLASHERS AT UNIVERSITY STREET IN FT. COLLIN S, CO. COLORADO
DI V., FRONT RANGE SUBDIV., LIS 0476, M.P. 73.24, DOT# XXXXX
SEQ#XXXXX
MONTHLY POWER UTILITY COST CENTER: 61504
THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTATIVE PACKAGES USED FOR ESTIMATING PURPOSES ONLY.
THEY CAN BE EXPECTED TO CHANGE AFTER THE ENGINEERING PROCESS. DETAILED AND ACCURATE MATERIAL LISTS WILL BE
FURNISHED WHEN ENGINEERING IS COMPLETED.
CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD.
THIS ESTIMATE IS GOOD FOR 90 DAYS, THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR MATERIAL, AND
OVERHEAD.
"' SIGNAL WORK ONLY "«...... I.............s...—
THE CITY OF FT. COLLINS IS FUNDING THIS PROJECT 100%.
MAINTAIN PROPRIETARY CONFIDENTIALITY,
THE CITY OF FORT COLLINS IS PROVIDING 100 AMP SERVICE AND CONDUIT PACKS AT EACH CROSSING LOCATION.
DESCRIPTION QUANTITY U/M COST TOTAL $
LABOR
ELECTRICAL LABOR F/POWER TRANS SYS
540 MIT
1,421
SIGNAL FIELD LABOR -CAP
19520 MH
50,870
SIGNAL SHOP LABOR -CAP
64.0 MIT
1,684
PAYROLL ASSOCIATED COSTS
32,658
EQUIPMENT EXPENSES
17,847
DA LABOR OVERHEADS
52.004
INSURANCE EXPENSES
9,494
TOTAL LABOR COST
164,978 164,978
MATERIAL+*
BATTERY4X»+
1.0 LS N
10,964 ,
BELL, ELECFROMC
4.0 EA N
760
BUNGALOW 6X6
1.0 EA N
8.612
BUNGALOW MATERIAL
LO LS N
11,728
CABLE
1.0 LS N
10,154
CABLE, DAX
200RO FT N
5,400
CHARGERS
LO LS N
2,040
CONDUIT. PVC 4", SCH 80
-300.0 FT N
LO50
CONSTANT WARNING
1.0 EA N
28,528
FIELD MATERIAL
1.0 LS N
PRN6
FLASHER COMPLETE
4.0 EA N
10,800
FOUNDATION CONCRETE
4.0 EA N
2,020
GUARD RAIL, ONE HALF
20 EA N
916
LED LIGHT ADJUSTMENT
32.0 EA N
7.712
LIGHT OUT DETECTOR
2.0 EA N
1.892
MATERIAL FOR ELECTRICAL
IR EA
1500
RECORDER
1.0 EA N
3,748
SHUNT. NBS
4.0 EA N
3,780
SIDELIGHT, I -WAY W/CANT
9.0 EA N
7,329
SIGN, X-BUCK
4.0 EA N
924
TELLULAR DEFICE
ID EA N
2.600
MATERIAL HANDLING
75
USE LAX
9.895
OFFLIN'E TRANSPORTATION
1.659
TOTAL MATERIAL COST
OTHER
143.131 143,131
Page 1 of 2
EXHIBIT E
AC POWER SERVICE / LO EA 5,W0
CONTRACT ENGR. LO EA N 6,WO
FILL DIRT 20.0 CY N 500
SURFACE ROCK 20.0 CY N 500
TOTAL OTHER ITEMS COST
PROJECT SUBTOTAL
CONTINGENCIES
BILL PREPARATION FEE
GROSS PROJECT COST
LESS COST PAID BY BNSF
TOTAL BILLABLE COST
12,000 C.OW
320.109
32,010
3,522
355,641
0
355,641
Page 2 of 2
EXHIBIT F
MAINTAIN PROPRIETARY CONFIDENTIALITY
BNSF RAILWAY COMPANY
FHPM ESTIMATE FOR
FT. COLLINS
LOCATION FT.COLLINS DETAILS OF ESTIMATE PLANITEM: PSI244622C VERSION: 1
PURPOSE, JUSTIFICATION AND DESCRIPTION
REVISED TO NEW PRICING LIST 09/04/03
INSTALL CONSTANT WARNING, ADVANCED PREEMPTION, AND UPGRADE CIRCUITRY AT HORSETOOTH ROAD IN FORT COLLINS, CO. LS
476 MP 70.78 COLORADO DIV., FRONT RANGE SUBDIV., DOT 5244622C.
MONTHLY POWER UTILITY COST CENTER: 61504
SEQ.#XXXXX
THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTATIVE PACKAGES USED FOR ESTIMATING PURPOSES ONLY.
THEY CAN BE EXPECTED TO CHANGE AFTER THE ENGINEERING PROCESS. DETAILED AND ACCURATE MATERIAL LISTS WILL BE
FURNISHED WHEN ENGINEERING IS COMPLETED.
CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD.
THIS ESTIMATE GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE 1S SUBJECT TO CHANGE IN COST FOR MATERIAL, LABOR, .AND
OVERHEADS.
..... .»'.»»»».... »'*a.......... SIGNAL WORK ONLY ...».........»»»»».......«..».»
THE CITY OF FT. COLLINS IS FUNDING THIS PROJECT 100 /..
MAINTAIN PROPRIETARY CONFIDENTIALITY
TF03 CITY OF FORT COLLINS IS PROVIDING 100 AMP SERVICE AND CONDUIT PACKS AT EACH CROSSING LOCATION.
DESCRIPTION -
QUANTITY U/M
COST
TOTAL$
LABOR««
«FIELD
SIGNAL LABOR -CAP
952.0 MIA
24,810
PAYROLL ASSOCIATED COSTS
15,012
EQUIPMENT EXPENSES
92M
DA LABOR OVERHEADS
23.904
INSURANCE EXPENSES
3,905
TOTAL LABOR COST
75,835
75,835
«MATERIAL•«
ADVANCED PREEMPTION COMPLETE
1.0 LS N
7,W9
BATTERY
1.0 LS N
3,000
BUNGALOW MATERIAL
1.0 LS N
1.000
CHARGERS
1.0 LS N
1,020
CONSTANT WARNING
1.0 EA N
29.528
FIELD MATERIAL
1.0 LS N
I,000
LED LIGHT ADJUSTMENT.
18.0 EA N
4,338
LED LIGHT GATE KIT
4.0 EA N
1.588
LED RETROFIT LIGHT UNIT
18.0 EA N
2,466
RELAY
2.0 EA N
I000
SHUNT, NBS
2.0 EA
1,890
SIGN, X-BUCK
4.0 EA N
924
USE TAX
3.675
OFFLINE TRANSPORTATION
683
TOTAL MATERIAL COST
59.111
59,111
OTHER««
CONTRACTENGR.
1.0 EA N
6.000
TOTAL OTHER ITEMS COST
6,000
6.wo
PROJECT SUBTOTAL
- 140.946
CONTINGENCIES
14.094
BILL PREPARATION FEE
1551
GROSS PROJECT COST
156,591
LESS COST PAID BY BNSF
0
TOTAL BILLABLE COST
156,591
Page 1 of 1
Nox
EXHIBIT F
""' MAINTAINPROPRIETARYCONFIDENTIALITY
BNSF RAILWAY COMPANY
FHPM ESTIMATE FOR
FT. COLLINS
LOCATION FT. COLLINS DETAILS OF ESTIMATE PLAN ITEM: PSI244620W VERSION: 1
PURPOSE. JUSTIFICATION AND DESCRIPTION
REVISED TO NEW PRICING LIST 09/04/03
INSTALL CONSTANT WARNING, ADVANCED PREEMPTION, AND UPGRADE CIRCUITRY AT HARMONY ROAD IN FORT COLLINS, CO. LS
476 MP 69.78 COLORADO DI V., FRONT RANGE SUBDIV., DOT 6244620W.
MONTHLY POWER UTILITY COST CENTER: 61504
SEQ.#XXXXX
THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTATIVE PACKAGES USED FOR ESTIMATING PURPOSES ONLY.
THEY CAN BE EXPECTED TO CHANGE AFTER THE ENGINEERING PROCESS, DETAILED AND ACCURATE MATERIAL LISTS WILL BE
FURNISHED WHEN ENGINEERING IS COMPLETED.
CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD,
THIS ESTIMATE GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR MATERIAL, LABOR, AND
OVERHEADS.
...... s...................«... SIGNAL WORK ONLY........... s.... ........... ....
THE CITY OF FT. COLLINS IS FUNDING THIS PROJECT I00I..
MAINTAIN PROPRIETARY CONFIDENTIALITY
DESCRIPTION
QUANTITY U/M COST TOTAL$
LABOR"
SIGNAL'FIELD LABOR -CAP
M0.0 MH 21,891
PAYROLL ASSOCIATED COSTS
13,246
EQUIPMENT EXPENSES
7239
DA LABOR OVERHEADS
21,091
INSURANCE EXPENSES
3,445
TOTAL LABOR COST
66.912 66.912
MATERIAL
ADVANCED PREEMPTION COMPLETE
BATTERY
BUNGALOW MATERIAL
CHARGERS
CONSTANT WARNING
HELD MATERIAL
LED LIGHT ADJUSTMENT
LED LIGHT GATE KIT
LED RETROFIT LIGHT UNIT
RELAY
SHUNT, NIBS
SIGN, X-BUCK
USE TAX
OFFLINE TRANSPORTATION
TOTAL MATERIAL COST
" OTHER
CONTRACT ENGR.
TOTAL OTHER ITEMS COST
PROJECT SUBTOTAL
CONTINGENCIES
BILL PREPARATION FEE
GROSS PROJECT COST
LESS COST PAID BY BNSF
TOTAL BILLABLE COST
1.0 LS N
1.0 LS N
1.0 EA N
1.0 LS N
1.0 EA N
1.0 EA N
14.0 EA N
4.0 EA N
14.0 EA N
2.0 EA N
2.0 EA N
i0 EA N
7,999
3,000
1,000
1,020
28,528
1,000
3,374
1,588
1,918
1.000
1,890
924
3,573
664
57.478 57.478
1.0 EA N 3,500
3,500 3.500
127,890
1'_.789
1.407
14'_,086
0
142.086
Page 1 of 1