HomeMy WebLinkAbout222075 BURLINGTON NORTHERN & SANTA FE - PURCHASE ORDER - 9106328Fort Collins
Date: 11/30/2012
PURCHASE ORDER
PO Number Page
9106328 1 of 2
This number must appear
on all invoices, packing
slips and labels.
Vendor: 222075
Ship To:
ENGINEERING DEPT-MASON
BURLINGTON NORTHERN & SANTA FE
CITY OF FORT COLLINS
RAILWAY COMPANY
ENGINEERING DEPT-MASON
3115 SOLUTIONS CENTER
281 N. COLLEGE AVE
CHICAGO Illinois 60677-3001
FORT COLLINS Colorado 80524
Delivery Date: 12/07/2010
Buyer: JOHN STEPHEN
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
2 Addendum to PO
1 LOT
EA
78,458.00
Railroad Flagging Mason
Total
$78,458.00
c3. 0'r�:s4 �
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number is 11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, 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 of or payment for goods hereunder or approval of the 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 of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS me subject to the City of Pon Collins inspection on arrival. hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fart 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 must he F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest distribution paint to destination, and excess freight will be deducted front Invoice when
shipments are made from greater distance.
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, rules
and requirements.
Authorization. All parries to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERbIS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set faith and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller me objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial 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 ofplacing 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 ofcivil or military authorities, governmental priorities, fires, strikes, food, epidemics, wan or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of 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 longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller afer 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 m otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCI IANTABILITY 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 specificmims or drawings, by verbal or written change order. If any such
change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wriaen 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 as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits an the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goads which arc 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 must be asserted within thirty (30) days from the date the change or termination is
ordered.
S. 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 me hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clew of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to cameo nonconforming or defective goods by a date to be agreed upon by the
Purchaser mad the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
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.
The Seller shall release the Purchaser and its contractors of any net 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 of such party.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the 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 may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or 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
noninfriaging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the bereft of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The defmition, ofterms used or the interpretation of the agreement and the rights of all parties hereunder shall be
construed under and governed by the laws of the Sure of Colomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work and/or materials before Sellels final completion and
acceptance, complete the work at Sellels own expense and to the satisfaction of the Purchaser. When materials
and equipment me famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The 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 $300,000 for any one person, $500,000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall 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 act, 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 offerers, 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 offerers, agents or employees m 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 casts, 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 offers,
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 rules and regulations issued pursuant thereto.
Revised 03/2010
John Stephen
From: Jim O'Neill
Sent: Thursday, November 29, 2012 9:07 AM
To: Erika Keeton; John Stephen
Cc: Sandy O'Brien
Subject: RE: BNSF 9106328 Addendum #1 Justification
Approved.
From: Erika Keeton
Sent: Thursday, November 29, 2012 9:06 AM
To: Jim O'Neill; John Stephen
Cc: Sandy O'Brien
Subject: BNSF 9106328 Addendum #1 Justification
City of
,F6rt'
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/engineering
Memorand=
To: Jim O'Neil, Director of Purchasing and Risk Management
From: Erika Keeton, Special Projects Engineer
Date: November 28, 2012
Re: MAX BRT Corridor (MAX) Bus Rapid Transit
BNSF Railroad Mason Street — Railroad Flagging
Addendum #1 - Justification and Independent Cost Estimate
The City of Fort Collins project team is requesting an addendum to the existing Mason Street Downtown
Track Rehabilitation requisition (P.O. #9106328) to include BNSF Railroad Flagging. 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. As a
function of this agreement, the City of Fort Collins is required to have Railroad Flaggers when
construction work is being performed in close proximity of the tracks. The railroad flaggers warn all
workers within the construction zone that a train is schedule to pass through the area, ensuring safety of
the public, construction workers, and the BNSF train.
As railroad flagging 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) 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 $220,000.00.
Flagging work should have been incorporated in the original PO request as this has been a requirement
from start of construction. The Project team is requesting? lowered cost of $78,458.00 which represents
a portion of the total flagging cost the City of Fort Collins is responsible for during the track replacement
in the downtown corridor. The remainder of this budget is the responsibility of the Contractor for the
MAX BRT, Concrete Express.
BNSF must be utilized for this work, as it is a requirement of the C&M Agreement. Staff believes the
requested budget increase of $78,458.00 to the existing Downtown Track Rehabilitation requisition is
reasonable and adequate. As such, I recommend approval of this addendum.
rrrrr MAINTAIN PROPRIETARY CONFIDENTIALITY rrrrr
BNSF RAILWAY COMPANY
- FHPM ESTIMATE FOR
CITY FORT COLLINS
LOCATION MP 69.7 TO 74.50 MISC DETAILS OF ESTIMATE PLAN ITEM : 000178544 VERSION: 1
PURPOSE, JUSTIFICATION AND DESCRIPTION
PIP FLAGGING MASON ST: COLO DIV FRONTAGE SUB LS 476 MP 69.7 TO 74.5
DESCRIPTION OF PROJECT AS PROVIDED BY PROJECT ENGINEER:
FLAGGING FOR MISCELLANEOUS WORK FOR 13RT PROJECT
BILLING FOR THIS PROJECT SHOULD BE DIRECTED TO:
CITY OF FORT COLLINS
RFA REQUESTED BY: G.ELIASSEN 32/11
AFE REQUESTED BY:
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.
DESCRIPTION
QUANTITY U/M COST
TOTALS
•rr urrwr
LABOR
-
.ouwrrr
FLAGGING -OTHER R.O.W: CAP
2750.0 MH 64,584
PAYROLL ASSOCIATED COSTS
39,079
' EQUIPMENT EXPENSES
21,357
DA LABOR OVERHEADS
62,226
INSURANCE EXPENSES
10,165
"
TOTAL LABOR COST
197,411
197,411
•rrrrrrrs.rr•
MATERIAL
errs rrrrrrr•
TOTAL MATERIAL COST
0
0
OTHER
•r.rrrrr»
TOTAL OTHER ITEMS COST
0
0
PROJECT SUBTOTAL
197,411
CONTINGENCIES
20,410
BILL PREPARATION FEE
2,179
GROSS PROJECT COST
220.000
LESS COST PAID BY BNSF
0
TOTAL BILLABLE COST
220,000
Page 1 of 1
BNSF Invoice Summary
Mason Two Way Conversion
Location
Laurel
Mulberry
Olive
Oak
Maple
Mountain
Laporte
Total
Original
Budget
$190.645.00
$190,645.00
$190,645.00
$190,645.00
$190.645.00
$190,645.00
$190,645.00
$1,334,515.00
11/22/2010
$ 33,620.38
$ 33,542.41
$ 33.856.35
$ 33,571.90
$ 87,234.49
$ 32,656.39
$ 32,906.10
$ 287,388.02
3/212011
$ 67,060.70
$ 65,132.09
$ 132,192.79
3/3012011
$ 56,291.65
$ 62,826.82
$ 119,118.47
4/14/2011
$ 63,815.94
$ 63,815.94
4/2112011
$ 85.576.37
$ 85.575.37
4/2512011
$ 64.366.89
$ 64.366.89
5/1012011
$ 7.046.12
$ 7,046.12
6/23/2011
$ 1,322.09
$ 1,717.43
$ 2,112.76
$ 5,152.28
8/18/2011
$ 17,708.44
$ 17,708.44
10/12/2011
$ 11,335.34
$ 861.65
$ 815.26
$ 6,191.44
$ 7,177.09
$ 26,380.78
11/10/2011
$ 2,489.83
$ 15,480.30
$ 5.814.60
$ 2,352.75
$ 26,137.38
12/1312011
$ 1,486.31
$ 1,486.31
$ 7.894.01
$ 5,255.29
$ 16,121.92
12115/2011
$ 2,767.07
$ 8,813.42
$ 1,523.40
$ 13,103.89
1/412012
$ 2,505.59
$ 3,347.90
$ 3.970.42
$ 9,823.91
Flagging -
Conduit
$ 2,923.22
$ 2,923.22
$ 2,923.22
$ 2.923.22
$ 2,923.22
$ 2,923.22
$ 2,923.22
$ 20,462.55
2121/2012
$ 4,753.26
$ 5,549.16
$ 10,313.20
$ 20,615.62
3115/2012
$ 5,766.69
$ 6,224.20
$ 15,079.66
$ 13.375.25
$ 4.483.01
$ 44,928.81
4/1012012
$ 31,591.69
$ 16,580.47
$ 18,357.84
$ 3.033.66
$ 69,563.66
5/15/2012
$ 12,433.31
$ 1,729.29
$ 8,824.46
$ 24,054.39
$ 13,432.19
$ 60,473.64
6/15/2012
$ 4.191.31
$ 4,191.31
6/27/2012
$ 15,423.53
$ 11,548.16
$ 42.881.36
$ 69,853.05
7/1212012
$ 13.477.04
$ 4.842.49
$ 20,366.21
$ 38,685.74
7/21/2012
$ 33,209.79
$ 33,209.79
Flagging -
Conduit
7/3012012
$ 449.43
$ 449.43
$ 449.43
$ 449.43
$ 449.43
$ 449.43
$ 449.43
$ 3,146.03
8/3112012
$ 2,973.57
$ 28,475.59
$ 25,523.78
$ 8,596.37
$ 65,569.31
9/1212012
$ 675.43
$ 817.41
$ 3,494.94
$ 4,987.78
Flagging -
(7123-7129)
8/30/2012
$ 2,427.45
$ 2,427.45
$ 2,427.45
$ 2,427.45
$ 2,427.45
$ 2,427.45
$ 2,427.44
$ 16,992.14
Flagging -
(8101-8131)
9/2712012
2581.88
2581.88
2581.88
2581.88
2581.88
2581.88
2581.88
$ 18,073.16
10118/2012
$ 17,929.46
$ 26,092.82
$ 15,582.33
$ 7,364.55
$ 1,319.05
$ 68,288.21
Total
$195,377.92
$179,484.28
$198,342.05
$182,435.41
$278,105.79
$186,989.86
$192,237.66
$1,412,973.00
% Complete
102%
94%
104%
96%
146%
98%
101% 1
106%
Original PO 9103628 $1.334,515.00
Paid to Date $1,412.973.00
Available Balance $ (78,458.00)
11/29/2012
Fort,= ll(� Independent Cost Estimate
Date of Estimate: 22-Mar-11
Contract Type: T&M
Existing Contractor PO (Y/N): Y
Description of Goods (A) or Services (B):
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. As a function of this
agreement, the City of Fort Collins is required to have Railroad Flaggers when construction work is being performed in
close proximity of the BNSF Railroad tracks. The Railroad Flaggers purpose Is to warn all workers within the construction
zone that a train is schedule to pass through the area, ensuring safely of the public, construction workers, and the BNSF
train. This requirement will be a necessity throughout the entire duration of the project.
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 of Services, Repairs, or Non -Standard Items
Item/rask:
Materials or Work Description
Other Direct
Costs
Labor
Rate ($
Labor
Hours
Labor
Class
Allocated
Overhead
SG&A'
Profit
TOTAL
Railroad Flagging
$ 78,458.00
$
total
$ 7a,asa.00
Signature of Preparer:
Kati Craven, City of Fort Collins