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HomeMy WebLinkAboutCORRESPONDENCE - RFP - 8631 GENERAL ENVIRONMENTAL SERVICES (17)1 www.cgrs.com 800.288.2657 1301 Academy Ct. Fort Collins, CO 80524 Proposal for CNG Maintenance Facility Modifications City of Fort Collins March 27, 2018 Mr. Tracy Ochsner via email: tochsner@fcgov.com City of Fort Collins PO Box 580 Fort Collins, CO 80522 Re: CNG Maintenance Facility Modifications for: • Transfort major repair facility site audit • Wood street shop major maintenance facility site audit • Streets shop minor repair and indoor CNG vehicle parking site audit • City-wide indoor CNG vehicle parking general consulting Dear Mr. Ochsner: CGRS, Inc., is pleased to provide you with this proposal for CNG facility modifications at the above-referenced sites. Please find details below. CGRS’ proposed scope of work includes the following: I. Two (2) Major Maintenance Facility Upgrade Audits ▪ CGRS will perform a detailed facility audit at the Wood Street location and Transfort Bus Shop. ▪ Provide a detailed facility write-up for both facilities with code required modifications. ▪ Provide a detailed facility write-up for both facilities with engineer recommended modifications. ▪ Provide budgetary estimates for both facilities. ▪ Provide a list of preferred gas detection equipment for both facilities. II. City-Wide CNG Vehicle Indoor Parking Facility Audit: ▪ CGRS will perform a single facility audit at a CNG indoor parking facility. ▪ Provide a detailed report of code requirements for ALL indoor CNG vehicle parking ▪ Provide a detailed report of engineer recommended upgrades for indoor CNG vehicle parking ▪ Provide a list of recommended gas detection equipment for all parking facilities Project Costs Total: $21,360 This proposal will remain open for 60 days. All invoices will be net 30 days. 2 www.cgrs.com 800.288.2657 1301 Academy Ct. Fort Collins, CO 80524 Proposal for CNG Maintenance Facility Modifications City of Fort Collins Proposed Schedule CGRS anticipates the audit process and reporting to take approximately 2 weeks after site visits. Assumptions, Variables and Exclusions ▪ Engineers drawings are not included in this proposal. CGRS can provide drawings on a site-by-site basis as recommended from the audits. It is recommended the city treats each site individually. ▪ The work will be performed during regular working hours of 7am to 5pm, Monday through Friday and be scheduled with shop managers. Insurance CGRS will provide all necessary labor, equipment, materials and permits to complete the foregoing work specifications, as well as, commercial general, professional and pollution liability insurance coverage (up to $5,000,000 aggregate). CGRS will also provide standard workers’ compensation and employers’ liability insurance coverage. In addition to the forgoing terms, this proposal is subject to, and incorporates by reference, the terms of the CGRS, Inc. Service Agreement, a copy of which is provided herewith. If you are in agreement with these terms and conditions, please confirm your acceptance by signing the Acceptance line and returning to CGRS a fully executed copy of this proposal with the CGRS Service Agreement. Thank you for the opportunity to provide this proposal. If you have any questions or concerns pertaining to the proposal, please call either Tim Goodrich or myself at 800-288-2657 Sincerely, Cory Kahler CGRS, Inc. CNG Services Project Manager Enc: Service Agreement Acceptance Form On behalf of the city of Fort Collins, I understand and accept all terms and conditions of the foregoing proposal. Accepted by:____________________________________________________________ Date:___________________________ Title:__________________________________ 3 www.cgrs.com 800.288.2657 1301 Academy Ct. Fort Collins, CO 80524 Proposal for CNG Maintenance Facility Modifications City of Fort Collins CGRS, Inc. Service Agreement The following terms and conditions, along with the accepted proposal and any attachments to the proposal, define the terms of the agreement between you (“Client”) and CGRS, Inc. for the services described in the proposal. The accepted proposal, including any attachments thereto, and this Service Agreement are referred to herein as the “Agreement.” 1. SCOPE OF SERVICES: CGRS will provide Client with the services described in CGRS' proposal, which are referred to herein as the “Work.” CGRS will perform the Work in a diligent and workmanlike manner consistent with the ordinary skill and competence of professionals engaged in the same type of work at the time and place the Work is rendered and in accordance with the specifications and the time requirements, if any, described in the proposal. CGRS does not expressly or impliedly warrant or guarantee its services or the Work. 2. COMPENSATION: Client agrees to pay CGRS the amount set forth in the proposal. CGRS shall obtain Client’s written consent prior to providing any services not included in the Work. 3. FEE PAYMENT: CGRS’s fees for the Work shall be paid as set forth in the accepted proposal. All invoices are due and payable within thirty (30) days after delivery by CGRS. Any past due amount shall accrue interest at the rate of 1.5% per month. If Client fails to pay CGRS within sixty (60) days after invoice delivery, CGRS may deem failure to pay a substantial failure of performance and may terminate the Agreement pursuant to Paragraph 13. 4. INDEMNIFICATION: CGRS shall indemnify and hold Client harmless from and against any and all losses, claims, suits, rights, causes of action, damages, liabilities and expenses of any nature, including, without limitation, attorneys’ fees and court costs, resulting from, and to the extent of, CGRS’s negligence or willful misconduct. Except as provided for in the previous sentence, Client shall indemnify and hold CGRS harmless from and against any and all losses, claims, suits, rights, causes of action, damages, liabilities and expenses of any nature, including, without limitation, attorneys’ fees and court costs, arising from or in connection with: (a) Client’s negligence or willful misconduct at the location of or relating to the Work; and (b) any element of the Work that involves handling, treatment, storage, disposal, arrangement for disposal or transport of, or operations relating to, “solid waste,” “hazardous waste” or “hazardous substances,” as those terms are used or defined under local, state or federal laws or regulations, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq., and the Solid Waste Disposal Act, 42 U.S.C. § 6901, et seq. 5. INSURANCE: CGRS will carry: (a) workers' compensation and employer's liability insurance to comply with laws of the state in which any project is undertaken by CGRS under this Agreement and applicable federal laws; (b) comprehensive general professional and pollution liability insurance with a combined limit for bodily injury and property damage in an amount not less than $1 million per occurrence and $2 million in aggregate, and with completed operations coverage having a $1 million aggregate limit; and (c) comprehensive automobile liability insurance, covering all automobiles, trucks and miscellaneous powered and automotive equipment owned or used by CGRS, with a combined limit for bodily injury and property damage in an amount not less than $1 million per occurrence. Certificates of insurance will be provided to Client upon request. 6. LIMITATION OF LIABILITY: CGRS’s total liability to Client for any and all claims, damages, losses, or expenses (including attorneys' fees) arising in any way out of this engagement, regardless of the legal theory under which such liability is imposed, is limited to the available limits of the applicable insurance policies listed above. 4 www.cgrs.com 800.288.2657 1301 Academy Ct. Fort Collins, CO 80524 Proposal for CNG Maintenance Facility Modifications City of Fort Collins Except to the extent provided in Paragraph 4 above, neither party shall be responsible or liable to the other for any incidental, consequential, or indirect damages. 7. ATTORNEYS' FEES: In the event of any controversy, claim, dispute or litigation between the parties related to this Agreement or its breach, the prevailing party will be entitled to recover from the other party, in addition to other relief as may be granted, a reasonable sum as and for its attorneys' fees, together with experts' fees and other costs incurred as may be determined by a court of competent jurisdiction or an arbitrator. Client also agrees to pay all costs of collection, including reasonable attorneys' fees, in the event payment is not received as provided herein; this liability for attorneys' fees is not contingent upon suit being filed by CGRS. 8. SITE LOCATION, ACCESS, PERMITS AND APPROVALS: Client will delineate to CGRS the property lines of the Site. In addition, Client will provide access to the Site for CGRS personnel and equipment, as CGRS may deem necessary to complete the Work. Required permits and approvals necessary for CGRS to perform the Work will be the Clients’ responsibility; however, CGRS will work on the Client’s behalf to obtain the permits. Any failure to obtain any permit or approval properly applied for will not be a breach of this Agreement. CGRS will take reasonable precautions to minimize damage to property on which it performs the Work. Client agrees, however, that some damage may occur to property in the normal course of work (absent negligence by CGRS) and that the correction of any such damage to property will be undertaken by CGRS and billed to Client. In the event of negligence by CGRS resulting in damage to property, CGRS will bear the cost of correcting the damage in proportion to its negligence. 9. UTILITIES: CGRS will take reasonable precautions in locating and identifying all subterranean structures or utilities. However, CGRS may reasonably rely on project information, including information provided by Client and information provided by local utilities, related to structures or utilities and will not be liable for damages incurred by Client where CGRS has proceeded with reasonable precautions and in reliance on such information. Client shall indemnify, defend, and hold CGRS harmless from and against any claims for any losses or damages arising from or related to damage to structures or utilities that are not identified or are not accurately located despite CGRS’s reasonable precautions. 10. WASTE MATERIALS: If the Work produces any waste materials, including drill cuttings and purge water, Client shall be the owner of such waste materials and Client will be responsible as the generator of record for the disposal of any such waste materials. All arrangements for transport or disposal of waste materials shall be made in Client’s name and Client hereby appoints CGRS the limited authority to sign as Client’s attorney-in-fact all regulatory paperwork, including waste manifests or bills of lading, relating to transport or disposal of waste materials generated in execution of the Work. 11. DESIGNS, DRAWINGS AND REPORTS: All designs, drawings, computations, specifications, reports, data and other documents or information developed or prepared by or on behalf of CGRS in performance of the Work (“Work Product”) are intended only for the purpose of the Work. Alteration of Work Product, including but not limited to any alteration of electronic files due to degradation, format translation, file corruption, software or hardware incompatibilities or operator error, or its use by Client for any other purpose, shall be at Client’s sole risk, and Client shall hold harmless and indemnify CGRS against all losses, damages, costs and expenses, including attorneys' fees, arising out of or related to any use or alteration of Work Product that is not authorized by CGRS. 12. FORCE MAJEURE: If completion of any portion of the Work is delayed for causes beyond the control of or without the fault of CGRS, including force majeure, the time of performance of the Work will be extended for a period equal to the delay. Force majeure includes, without limitation, acts of God; acts of the public enemy; acts of 5 www.cgrs.com 800.288.2657 1301 Academy Ct. Fort Collins, CO 80524 Proposal for CNG Maintenance Facility Modifications City of Fort Collins federal, state, local or foreign governments; acts of Client's other contractors or agents; fires; floods; earthquakes; epidemics; strikes; riots; freight embargoes; and unusually severe weather. 13. TERMINATION: This Agreement may be terminated by either party upon seven (7) calendar days' written notice if there is a substantial failure of performance by the other party. Termination will not be effective if the substantial failure is remedied before expiration of the seven (7) days. Upon termination, Client shall pay CGRS for services rendered, including any services required to reasonably protect or to render completed Work reasonably safe and to provide any documentation of completed Work or Work in progress requested by Client. In addition, all indemnification, waiver, attorneys’ fees, governing law and venue terms of this Agreement shall survive termination or expiration of this Agreement. 14. ASSIGNMENT: Neither party may delegate duties or assign interest in this Agreement without obtaining the prior written consent of the other party, which consent will not be unreasonably withheld, except that CGRS may use the services of persons and entities not in its employ, such as surveyors, specialized consultants, drilling contractors, testing laboratories and construction contractors, when it is customary to do so. 15. NOTICES AND INVOICES: Notices and invoices shall be deemed received at the time of delivery to the addressee or forty-eight (48) hours after mailing, whichever is earlier. Notice may also be served by facsimile or electronic mail transmission, which shall be effective upon confirmation to the party sending the notice that the facsimile or electronic mail transmission was received by the party to whom the notice was addressed. The parties’ addresses are as set forth in the proposal. Either party may change the address to which notices, invoices or other service upon it must be sent by written notice to the other party pursuant to this paragraph. 16. MISCELLANEOUS: Client warrants that Client has the authority to enter into this Agreement, and any person signing it on Client's behalf has been duly authorized to sign. The parties acknowledge that this Agreement supersedes all written and oral agreements, if any, between the parties pertaining to the Work and that this Agreement constitutes the entire and only agreement pertaining to the Work. This Agreement will be binding upon and will inure to the benefit of the successors and assigns of the respective parties hereto. This Agreement will be construed, the rights and obligations created hereby will be governed, and the remedies available will be provided in accordance with the laws of the State of Colorado, regardless of the conflict of law principles customarily applied by the courts of any jurisdiction. The parties expressly agree that venue for any proceeding to interpret, enforce or confirm breach of this Agreement will be in Larimer County, Colorado. This contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability.