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HomeMy WebLinkAbout222075 BURLINGTON NORTHERN & SANTA FE - PURCHASE ORDER - 9125207City of Fort Collins Date: 09/28/2012 PURCHASE ORDER Vendor: 222075 BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY 3195 SOLUTIONS CENTER CHICAGO Illinois 60677-3001 PO Number Page 9125207 1of2 This number must appear on all invoices, packing slips and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS Colorado 80524 Delivery Date: 09/27/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Addendum to PO#9123130 Resurfacing of Railroad crossings along Mason Street. V City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 LS 543, 394.00 Total $543,394.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 ""' MAINTAIN PROPRIETARY CONFIDENTIALITY ... BNSF RAILWAY COMPANY J FHPM ESTIMATE FOR CITY OF FORT COLLINS C, LOCATION MP 72.8 TO FT COLLINS DETAILS OF ESTIMATE PLAN ITEM : 000174636 VERSION: I PURPOSE, JUSTIFICATION AND DESCRIPTION RESURFACE XINGS - COLORADO DI V - FRONT RANGE SUB - LS 476 - MP 73.2 TO 74.3 DESCRIPTION OF PROJECT AS PROVIDED BY PROJECT ENGINEER RESURFACE CROSSINGS ALONG MASON STREET TO OPEN CUT TRACK BETWEEN STREET CROSSINGS NAMES OF STREETS INVOLVED: OLD MAIN, LAUREL, MYRTLE, MULBERRY, MAGNOLIA, OLIVE, OAK, MOUNTAIN, LA PORT, MAPLE, CHERRY I. SOUTH OF OLD MAIN, THE BNSF TRACK OPENS UP TO A BALLAST SECTION. THE TRACK IN PAVEMENT BEGINS AT OLD MAIN, 2. AT MAPLE STREET ON THE NORTH END, THERE IS A PORTION OF OPEN BALLAST WHERE THERE USED TO BE A SWITCH. THE SWITCH HAS BEEN REMOVED, BUT THE OPEN BALLAST AREA IS STILL IN PLACE. NORTH OF MAPLE (AND THRU CHERRY) THE TRACK CURVES OUT OF MASON STREET AND IS NO LONGER IN THE CENTER OF THE STREET IN PAVEMENT. THE END OF THE REHAB EFFORT WOULD BE AT THE OPEN BALLAST AREA JUST SOUTH OF MAPLE. MAINTAIN PROPRIETARY CONFIDENTIALITY THE PHYSICAL LIMITS OF THIS PROJECT ARE DESCRIBED BY LINE SEGMENT, MILE POST RANGES, AND IN SOME CASES TRACK NUMBER. THIS IS THE PRIMARY AREA FOR THE PROJECT. THERE WILL BE CASES WHERE WORK MAY OCCUR BEYOND THE DEFINED LIMITS. PROJECTS THAT INCLUDE SIGNAL, ELECTRICAL, OR TELECOMMUNICATION EQUIPMENT MAY REQUIRE ACTIVITY BEYOND THESE DEFINED TRACK LIMITS. ALL OR PORTIONS OF SOME PROJECTS MAY OCCUR IN AREAS WHERE NO MILEPOST SIGNS EXIST SUCH AS YARDS. THIS ESTIMATE IS GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR, MATERIAL, AND OVERHEAD. RFA REQUESTED BY: GENE ELIASSEN AFT REQUESTED BY: DESCRIPTION .......... LABOR REPLACE PUBLIC CROSSING - SURFACE ONLY UNLOAD CROSSING MATERIAL - PUBLIC - CAP PAYROLL ASSOCIATED COSTS EQUIPMENT EXPENSES DA LABOR OVERHEADS INSURANCE EXPENSES TOTAL LABOR COST MATERIAL ............. SPIKE, TBR SCREW 3/4"X I3", F/ROAD XING CONC 136 08-SEC WITH FILLER FOR HJ WOOD TIES CONCRETE XING RAMP AND PANEL RESTRAINT, MATERIAL HANDLING USE TAX OFFLINE TRANSPORTATION TOTAL MATERIAL COST OTHER .......... TOTAL OTHER ITEMS COST PROJECT SUBTOTAL CONTINGENCIES BILL PREPARATION FEE GROSS PROJECT COST LESS COST PAID BY BNSF TOTAL BILLABLE COST QUANTITY U/M COST TOTALS 1408.0 MH 30,061 704.0 MH 15,031 27,284 26,531 43,445 7,096 149,448 149,448 3168.0 EA 6,495 1408.0 FT " 291,738 10.0 ST 2,565 15,039 10,112 3,788 339.536 339,836 0 0 4S9,2S4 48,729 5.381 543,394 0 543.394 ' Page 1of 1 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 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any ofthe warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as, to any prior or subsequent default hereunder, nor shall any purported oral modificafiou or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASS IGNM ENT OF A N"r ITRU ST CLAIM S. authorized payment on the part of the City of Fon 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 mtot be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antimet laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE. OF SELLERS OBLIGATIONS. ' Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional temms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedimcly if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe 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 limitation, acceptance ofporial late deliveries, shall operate as a waiver of this provision. In the event of any 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 Seller 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 fcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe 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 nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffers incur on account ofthe Sellers breach of warranty. 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 larger period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except a otherwise provided in this purchase .,it,,, 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfornance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties a 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 node in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the seller 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 Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hnmless front all costs and damages suffered by the Purchaser as, a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall align, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, mates als, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any wny, 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 Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it maybe obliged to pay by reason ofsuch 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 pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Seller shall become insolvent or bankrapt, make an assignment for the benefit of creditors, appoint a receiver or lmslee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthe agreement and the rights of all panics hereunder shall be construed under and governed by the Taws ofthe State of Colorado, 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 of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is Polly completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or 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 Seller shall receive, unload, store rad handle same at the site and become responsible therefor a though such materials and/or equipment were being furnished by the Seller 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 ofthe state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of 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 ofothers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury 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 or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any net, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser. or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 03/2010 Title: r tiS � to A.S6 e6 (--) Date: 2 (' -) 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 C proposals. 10) Unnecessary Experience and Excessive Bonding Unnecessary experience and excessive bonding requirements were not included in this solicitation or contract documents. 11) Organizational Conflict of Interest (OCI) If there is an apparent or potential OCI the _ solicitation contains provisions to eliminate or P 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 �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 accurate description of the technical requirements of the property to be acquired, a l� "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 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 / five (5) years inclusive of options without prior written FTA approval. For all other types of l/ 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 l/ integrity, compliance with public policy, record of past performance, and financial and technical resources. 1. Appropriate Financial, equipment, facility and personnel. (Y/N) 2. Ability to meet delivery schedule. (Y/N) 3. Satisfactory period of performance. (Y/N) 4. Satisfactory record of integrity, not on declined or suspended listings. (Y/N) 5. Receipt of all necessary data from vendor. (Y/N) 19) Sound and Complete Agreement This contract is a sound and complete agreement. In addition, it includes remedies v for breach of contract and provisions covering Cow S-Mn3-� V2" termination for cause and convenience. 24) Clear, Accurate, and Complete Specification A complete, adequate, and realistic specification or purchased description was I 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 � � s award of a contract was infeasible under [ v ,S Y-;3 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. ;vt 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 I 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 of this procurement. At a minimum, these ` I records include: (1) the rationale for the method of 7 procurement, (2) Selection of contract type, (3) reasons for contractor selection or rejection, and 4 the basis for the contract price. 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 S 1 determined that the option price was better than prices available in the market or that the option was a more advantageous offer at the time the option was exercised. If an option was not exercised under this contract, check NA. 44) Out of Scope Changes The grantee amended this contract outside the scope of the original contract. The amendment was treated as a sole source 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 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 A 1 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. 47) Time and Materials Contracts This is a time and materials contract; the grantee determined that no other type of Vv contract is suitable; and the contract specifies a ceiling rice. 48) Cost Plus Percentage of Cost This is not a cost plus a percentage of cost type contract. 49) Liquidated Damages Provisions This contract contains liquidated damages 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. n CJ 2) The procurement file contains: Price reasonableness determination. 56) Clauses This contract contains the appropriate FTA required clauses. Excluded Parties Search EPS run and include in the file. 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Back New Search Printer -Friendly Eu , udedl V?arties; Ifsb; Resources > Search Help >Advanced Search Tips > Public User's Manual >FAQ > Acronyms > Privacy Act Provisions > News System for Award Management > (SAM) Reports >Advanced Reports > Recent Updates > Dashboard Archive Search - Past Exclusions >Advanced Archive Search > Multiple Names > Recent Updates > Browse All Records Contact Information > For Help: Federal Service Desk https://www.epls.gov/epls/search.do 9/27/2012 ,,.F�o'rt`Coll 0' 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. corn/engine efing Memorandum To: Jim O'Neil, Director of Purchasing a dRisk Management From: Erika Keeton, Special Projects nginee (� Date: September 24, 2012 Re: MAX BRT Corridor (MAX) Bus Rapid Transit BNSF Railroad Mason Street Resurface Crossing Material Change Order #1 - Justification and Independent Cost Estimate The City of Fort Collins project team is requesting an addendum to the existing South of Laurel requisition (P.O. #9123130) to include the resurfacing of railroad crossings along Mason Street. 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), in which the BNSF and the City is bound to adhere to. BNSF is required as part of the Project and the Agreement to improve their track system along the Downtown Corridor of Fort Collins (Old Main to Maple Street along Mason Street). In a joint effort to construct the Project infrastructure, the City, FTA and BNSF agreed to install concrete ramp and panel reinforcements at each intersection in the Downtown Corridor to improve the safety of the traveling public to house the BNSF tracks. This effort coincides with the ongoing conversion of Mason Street to two-way traffic that is necessary for the MAX BRT operations along existing Mason Street. As railroad work must be performed by the railroad due to the Agreements and union regulations, the costs were developed by BNSF and are proprietary. We have included the cost estimates for these BNSF improvements as an attachment (BNSF Railway Company FHPM Estimate For City of Fort Collins MP72.8 to FT COLLINS) in support of our Independent Cost Estimate (ICE). The original estimate, which was developed by BNSF as part of the C&M agreement March 22, 2011, is in the amount of $543,394.00. BNSF must be utilized for this work, as it is a requirement of the C&M Agreement. Staff believes the requested budget increase of $543,394.00 to the existing South of Laurel requisition is reasonable and adequate. As such, I recommend approval of this addendum. -tiYt Collins Independent Cost Estimate _lam Date of Estimate: 13-Sep-12 Contract Type: T&M Existing Contract or PO (Y/N): Y Description of Goods (A) or Services (B): In March 22, 2011, the City of Fort Collins entered into an Agreement (Mason Corridor Bus Rapid Transit Construction and Maintenance Agreement) with BNSF in a joint effort to construct the necessary infrastructure to support the MAX BRT Project. As a function of that agreement, the City is required to improve safety for the traveling public by adding concrete panels at each Intersection from Old Main north to Cherry to house the track system through downtown Fort Collins. As railroad costs are proprietary, we have included the cost estimate provided by BNSF for the downtown track rehabilitation improvements as part of this ICE (see attachment - BNSF Railway Company FHPM Estimate for City of Fort Collins). This estimate only includes cost incurred by the City of Fort Collins civil portion of the work. I have obtained the following estimate from; Published Price List / Past Pricing (date) Engineering or Technical Estimate (performed by) Independent Third Party Estimate (performed by) BNSF Other (specify) Cost Estimate Details: (Estimate calculated in US Dollars) Cost of Standard Items Product Cost ($/ea) Cost ($/ea) Notes/Data Source Delivered No Freight otal Cost of Services, Repairs, or Non -Standard Items Ilem/rask: Materials or Work Description Other Direct Costs Labor Rate ($) Labor Hours Labor Class Allocated Overhead SG&A' Profit TOTAL City of Fort Collins $ 543.394.00 $ 543,394.00 Total I Is 543,394.00 'Seili,g, G...1 nM Mm'vislmt Elm .e Signature of Preparer: Karl Craven, City of Fort Collins