th Paragraph
WHEREAS, the CONSULTANT warrants that it is specially trained, experienced, qualified expert, and competent to perform such special services; The above requested change maintains our ability to keep our professional liability coverage in effect, which we believe benefits both parties.
ARTICLE 1. SCOPE OF WORK
. . . All Work shall be performed to the highest professional standard industry standards applicable at the same time and locality and for the same work performed under the same or similar circumstances.
The above requested change preventsthe voiding of our professional liability insurance, which would not benefit either party.
ARTICLE 2. TIME FOR COMPLETION OF WORK
. . . acts of God, quarantine restrictions or for other . . .
ARTICLE 6. INSURANCE
B. 6. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the COUNTY. The COUNTY may require the CONSULTANT to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
The above request is not something we are able to do given the size and nature of our global insurance program. We are confident we are of significant size that this poses no risk to the County if we do not provide this type of confidential financial information.
10. VERIFICATION OF COVERAGE
. . . The COUNTY reserves the right to require complete, certified redacted copies of all required . . .
The above request is simply to redact confidential employee or pricing information, so long as COUNTY is provided all information required to verify CONSULTANT has satisfied the insurance specifications of this Agreement.
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ARTICLE 8. COSULTANT’S RESPONSIBILITY FOR ITS WORK
A. The CONSULTANT has been hired by the COUNTY because of the CONSULTANT’sspecialized expertise in performing qualifications to perform the Work described . . .
B. All information which the CONSULTANT receives from the COUNTY should be independently verified by the CONSULTANT. The CONSULTANT should not rely upon such information unless it has independently verified its accuracy. The only exception to the foregoing arises when the COUNTY has expressly stated in writing that certain information may be relied upon by the CONSULTANT without the CONSULTANT’s independent verification. CONSULTANT may reasonably rely on any information or materials furnished by COUNTY or its representatives.
In such event, the CONSULTANT is still obliged to promptly notify the COUNTY whenever the CONSULTANT becomes aware of any information that is inconsistent with any information which the COUNTY has stated may be relied upon by the CONSULTANT.
D. The CONSULTANT accepts the relationship of trust and confidence established with COUNTY by this Contract, and covenants with the COUNTY . . . manner consistent with the interests of the COUNTY the ordinary standard of professional care and this Contract.
ARTICLE 13. TERMINATION OF CONTRACT FOR CAUSE
If the CONSULTANT fails . . . right to terminate this Contract effective immediately upon the COUNTY giving written notice thereof to the CONSULTANT and CONSULTANT failure to cure the event or failure that would otherwise give rise to such termination within ten (10) days from receipt of such notice. . . . under Article 12 above.
It is important for us to have a cure right in our industry, due to the disproportionate impact a for cause termination can have on our ability to win work from other clients.
ARTICLE 16. DISPUTES & CLAIMS
F. RESPONSE TO NOTICE OF FINAL CLAIM
Addition at the end of 2nd Paragraph
A Claim . . . a new specific date. Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement will take away a party's right to pursue all available rights or remedies against the other party in a court of competent jurisdiction after the claims process of this Agreement has been exhausted and no decision on a claim made by one of the parties under this Agreement shall be final or binding on a party unless otherwise agreed by that party.
The above request is to provide a neutral and impartial forum, if the claims process fails.
ARTICLE 21. SUBCONTRACTING
B. CONSULTANT agrees to . . . for the negligent acts and omissions . . . #16..
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ARTICLE 27. RESTRICTIVE COVENANT
The CONSULTANT agrees . . . in Exhibit A, with respect to the particular project for anyone except . . .
ARTICLE 29. CLAIMS ANALYSIS AND EVALUATION
The provisions of this Article 29 shall only apply to the extent COUNTY and CONSULTANT agree in a separate writing that CONSULTANT will provide services in anticipation of or response/related to litigation or other dispute resolution process between COUNTY and the construction contractor or third party. To the extent . . . under applicable law.
ARTICLE 30. UNRESOLVED CLAIMS RELATING TO PROJECT
The provisions of this Article 30 shall only apply to the extent COUNTY and CONSULTANT agree in a separate writing that CONSULTANT will provide services in anticipation of or response/related to litigation or other dispute resolution process between COUNTY and the construction contractor or third party. This Article only applies . . .
ARTICLE 34. ALLOCATION OF RISK
COUNTY AND CONTRACTOR HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS
PROJECT, INCLUDING CONTACTOR'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE
CERTAIN OF THE RISKS, SO, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE
LIABILITY OF CONRACTOR (AND ITS RELATED CORPORATIONS, SUBCONTRACTORS AND EMPLOYEES) TO COUNTY AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE LESSER OF $1,000,000 OR ITS FEE,
FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND
EXPERT FEES AND COURT COSTS) ARISING OUT OF CONTRACTOR'S SERVICES OR THIS AGREEMENT
REGARDLESS OF CAUSE(S) OR THE THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, BREACH OF CONTRACT, TORT OR OTHER RECOVERY.
ARTICLE 35. NO CONSEQUENTIAL DAMAGES
Neither Party to this Agreement shall be liable to the other Party for any special, incidental, indirect, or consequential damages (including but not limited to loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; and/or cost of capital) arising out of, resulting from, or in any way related to the Project, the work or this Agreement from any cause or causes, including but not limited to any such damages caused by negligence, errors or omissions, strict liability or breach of contract.
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County of San Luis Obispo RFP PS- #1665 March 16, 2022 Page 19 Engineering Services for the Los Osos Landfill Post Closure Activities APPENDIX C – LOCAL VENDOR PREFERENCE
The County has established a local vendor preference. When quality, service, and other relevant factors are equal, responses to Requests for Proposals will be evaluated with a preference for local vendors. Note the following exceptions:
1. Those contracts which State Law or, other law or regulation precludes this local preference.
2. Public works construction projects.
A "local" vendor preference will be approved as such when, 1) The vendor conducts business in a fully staffed office with a physical address within the County of San Luis Obispo; 2) The vendor holds a valid business license issued by the County or a city within the County; and 3) The vendor has conducted business at the local address for not less than six (6) months prior to the due date of this Request for Proposal.
Proposals received in response to this Request for Proposal will be evaluated by the Selection Committee considering the local vendor preference described above when quality, service and other relevant factors are equal. The burden of proof will lie with proposers relative to verification of "local" vendor preference. Should any questions arise, please contact a buyer at (805) 781-5200.
YES NO
Do you claim local vendor preference?
Do you conduct business in an office with a physical
location within the County of San Luis Obispo?
Business Address:
___________________________________________________________________ Years at this Address:
Does your business hold a valid business license issued by the County or a City within the County?
Name of Local Agency which issued license: ________________________________ Business Name: ________________________________________________________ Authorized Individual: ____________________ Title: ___________________________ Signature: _____________________________ Dated: __________________________ X
X
X
City of San Luis Obispo
HDR Engineering, Inc.
April 18, 2022
N/A
N/A
Arthur J. Conti Vice President
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County of San Luis Obispo RFP PS- #1665 March 16, 2022 Page 20 Engineering Services for the Los Osos Landfill Post Closure Activities APPENDIX D – RISK ASSESSMENT QUESTIONNAIRE
Required Submittal
1. List the full names of any partners, owners, officers or other persons occupying a position of authority or responsibility in your organization, as well as their DUNS number.
DUNS Number Organization
NOTE: A DUNS number is not required but must be listed if the entity has one.
2. Have the individual(s) in item #1 been subject to bankruptcy, insolvency or receivership proceedings in the last five (5) years? Yes No If yes, please enclose details.
3. Has your business/company/organization filed for bankruptcy within the last five (5) years? Yes No If so, please enclose details.
4. Has your business/company/organization/individual(s) in item #1 ever had a contract for the general type of services/product sought by the County terminated for non-compliance or inadequate performance? Yes No If yes, please enclose details.
5. Has your business/company/organization/individual(s) in item #1 ever defaulted on a contract for the general type of services/product being sought by the County? Yes No If yes, please enclose details.
6. Has there been, in the last five (5) years, or is there now pending or threatened, any litigation, arbitration, governmental proceeding or regulatory proceeding involving claims in excess of $100,000 with respect to the performance of any services or the provision of any product by your business/company/organization/individual(s) in item #1? Yes No If yes, please enclose details.
7. Has your business/company/organization/individual(s) in item #1 ever defaulted in fulfilling all of its obligations relating to the payment of county taxes, fees, or other obligations? Yes No If yes, please enclose details.
Due to an extensive list of officers, we have attached a list including SVP and above. A complete list of 755
officers is available upon request.
x
x
x
x
x
x
187294624 HDR Engineering
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County of San Luis Obispo RFP PS- #1665 March 16, 2022 Page 21 Engineering Services for the Los Osos Landfill Post Closure Activities
8. In the last five (5) years, has your business/company/organization/individual(s) in item #1, been or currently involved in any action, audit or investigation brought by any federal government agency or authority or by any state or local governmental agency? Yes No If yes, please enclose details.
9. In the last five (5) years, has your business/company/organization/individual(s) in item #1 been debarred or suspended for any reason by any federal, state or local government or refrained from bidding on a project due to an agreement with such governmental agency? Yes No If yes, please attach a full explanation.
10. In the past five (5) years, has your business/company/organization/individual(s) in item #1 had its surety called upon to complete any contract, whether government or private sector? Yes No If yes, please enclose details.
11. In the past five (5) years, has your business/company/organization/individual(s) in item #1 had a revocation, suspension or disbarment of any business or professional permit and/or license? Yes No If yes, please enclose details.
12. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? Yes No If “yes,” identify on a separate signed page the person or persons convicted, the court (the county if a state court, the district or location of the federal court), the year and the criminal conduct.
Signature
THE UNDERSIGNED HEREBY CERTIFIES THAT THE RESPONSES PROVIDED ARE CORRECT
AND TRUTHFUL TO THE BEST OF MY KNOWLEDGE AND FOR THOSE RESPONSES GIVEN
WHICH ARE BASED ON INFORMATION AND BELIEF, THOSE RESPONSES ARE TRUE AND CORRECT BASED ON MY PRESENT BELIEF AND INFORMATION.
Dated this ______ day of __________________ of the year _________ Name of organization: _____________________________________________ Signature: _______________________________________________________ Printed Name and title: _____________________________________________ x
x
x
x
x
18th April 2022
HDR Engineering, Inc.
Arthur J. Conti, Vice President
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County of San Luis Obispo | RFP PS- #1665
Engineering Services for the Los Osos Landfill Post Closure Activities 48 APPENDIX D – RISK ASSESSMENT QUESTIONNAIRE
Additional Response Details
1. List the full names of any partners, owners, officers or other persons occupying a position of authority or responsibility in your organization, as well as their DUNS number.
Chief Operating Officer,
President
• O'Reilly, Charles L.
Executive Vice Presidents
• Ellmers, Glen E.
• Graff, Neil A.
• LeCureux, David F.
• McAneny, Douglas J.
• McLaughlin, Thomas C.
• Meysenburg, Galen J.
• Shoemaker, Darryl J.
• Wignall, Douglas S.
Senior Vice Presidents
• Alsina, Paul M.
• Arseneau, Bernard J.
• Balchunas, Brian M.
• Barnett, Elena R.
• Barnhart, William E.
• Beduhn, Robert J.
• Bekka, Khalid
• Berman, Robert S.
• Bland, Tommy T.
• Blank, Jeffrey C.
• Boling, Robert M.
• Brauer, Rod G.
• Bruce, Dennis W.
• Cadena, Carlos A.
• Charalambous,
Yiannoulla
• Chiglo, Jay L.
• Clark, Angela M.
• Clark, David L.
• Coleman, James M.
• Cook, JaNell
• Cowan, Timothy P.
• Crall, Michael P.
• Dalton, Mark R.
• Dammarell, Amy S.
• DeCesare, Douglas T.
• Delange, Kevin
• Douglas, Jeffrey S.
• Drahota, Steven M.
• Drimmel, Joseph E.
• Edelen, Benedict R.
• Eldridge, Katherine W.
• English, Quint R.
• Estes, Michael A.
• Fanselau, Jason R.
• Ferrell, Stephen J.
• Field, Kip D.
• Frederiksen, Lee E.
• Frissora, Joseph
• Frommer, Jennifer A.
• Gadzinski, Norman
• Gilleran, Amy A.
• Gouveia, Anthony
• Hales, Charlie A.
• Haley, Henry P.
• Han, Jeffrey
• Henderson, Jonathan R.
• Hentz, Lawrence H.
• Hereim, Scott A.
• Hickox, Patrick P.
• Hill, Steven R.
• Hise, Wallace
• Hoppy, Brian K.
• Horkan, Thomas E.
• Hunt, Jennifer E.
• Hunter, Craig J.
• Islam, Rashed T.
• Jackson, Douglas P.
• Jensen, Brent W.
• Johnson, Andrew D.
• Johnson, Bradford L.
• Johnson, Erik B.
• Johnson, Michael W.
• Joudrey, Cynthia L.
• Kaatz, Kelly J.
• Kalisiak, Kip C.
• Kennedy, Holly L.
• Keyes, Steven A.
• Khoury, Eli R.
• Kim, Thomas T.
• Kinard, David A.
• Knosby, Mary P.
• Koo, Wei Koo W.
• Labonte, Julie L.
• Laccinole, Matthew B.
• LaTuso, Christopher
• Lauderdale, Chance V.
• Lauzier, Andre E.
• Lewis, Harold E.
• Luttrell, Edwin C.
• Lynch, James M.
• Mariani, Joyce M.
• Martin, Brad B.
• Massengill, Jeffrey B.
• McLaren, Mark
• M'Coy, William S.
• McWaters, Kent L.
• Meilleur, Aaron M.
• Miguez, Ramon F.
• Miller, Richard R.
• Minassian, Vatche R.
• Moses, Robert S.
• Mosteller, Kevin K.
• Moyano, David Charles
• Muench, Brian P.
• Nagle, Jay C.
• Neethling, Johannes B.
• Neil, Jason E.
• Nero, Wendy L.
• Nidam, Susan R.
• Ohlsen, Ronald G.
• Olsen, Kent A.
• Pannell, Richard R.
• Peduzzi, Bill R.
• Pembroke, James P.
• Pilgrim, Richard D.
• Piner, Angela G.
• Reiter, Jared C.
• Rella, Robert J.
• Sanders, Thomas M.
• Scales, John C.
• Scholl, Colleen M.
• Schwarz, Joseph H.
• Sharp, William H.
• Sisco, Lee P.
• Skinner, Christine E.
• Skinner, David R.
• Soto-Daniels, Leticia
• Sova, Ronald J.
• Steinert, John P.
• Stonehouse, Gregory J.
• Suero, Guillermo J.
• Swindell, Brian A.
• To, Linc H.
• Tondl, Matthew B.
• Tso, Sam W.
• Tuck, Lisa M.
• Tugman, Michael F.
• Van Ravenswaay,
Brenda
• Waldron, Thomas R.
• Wenger, Jason S.
• White, Stephanie L.
• Whitley, Stephen R.
• Williams, Bradley C.
• Williams, Stanley T.
• Wittmann, Michaella W.
• Wright, Kenneth J.
• Yadlosky, John M.
• Young, Patrick R.
• Young, Thomas W.
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County of San Luis Obispo | RFP PS- #1665
Engineering Services for the Los Osos Landfill Post Closure Activities 49 6. Has there been, in the last five (5) years, or is there now pending or threatened, any litigation, arbitration, governmental proceeding or regulatory proceeding involving claims in excess of $100,000 with respect to the performance of any services or the provision of any product by your business/ company/organization/individual(s) in item #1?
In today’s legal environment, claims and litigation are a reality for any large company in the industry, regardless of performance or merit. When claims do occur, we are proactive and cooperative in reaching a resolution that is fair and reasonable to all. We value the confidences of our clients as well as our contractual commitments to confidentiality, and do not discuss with third parties the circumstances involving ongoing projects. We would take the same position with information regarding our work on this project.
If necessary, we would be willing to meet in person with you to discuss the merits or background of past claims. There are no claims or litigation that could impede our ability to perform this project, and we have maintained professional liability insurance in force continually since 1958 for the protection of us and our clients.
APPENDIX D – RISK ASSESSMENT QUESTIONNAIRE
Additional Response Details (continued)
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County of San Luis Obispo RFP PS- #1665 March 16, 2022 Page 23 Engineering Services for the Los Osos Landfill Post Closure Activities APPENDIX F – DESIGNATION OF SUBCONTRACTORS FORM
In compliance with the provisions of Sections 4100-4113 of the Public Contract Code of the State of California, and any amendments thereto, the undersigned proposer sets forth the following:
a. The name, License No. if applicable, DIR Registration No., and location of the place of business of prime contractor and each subcontractor who will perform work or labor, or render service to the undersigned Prime Contractor in or about the scope of the work.
Business Name License No. DIR Reg. No.** Address
Prime Contractor
(your information)
Subcontractors
By: __________________________________________________________________________________ (Proposer's Signature/Printed Name and Title/Company Name) NOTE: Contractors, and all applicable subcontractors listed in your proposal, MUST register with the DIR prior to the RFP closing. The County will not consider any proposal submitted in response to this RFP where prevailing wages shall be paid to either the prime contractor, or their subcontractor(s), if the prime contractor (and its subcontractors, if applicable) are not registered with the Department of Industrial Relations at the time the RFP closes.
If you are already registered with the DIR, please double check that you have renewed your registration for the fiscal year before submitting your proposal.
The following link will take you to the registration page of the DIR website:
http://www.dir.ca.gov/Public-Works/Contractor-Registration.html HDR Engineering, Inc. 1279161 1000018262 3230 El Camino Real, Suite 200 Irvine, CA 92602
Jacob & Hefner Associates, Inc.
dba JHA Environmental, Inc. 885017 A HAZ; CA 1000039787 15375 Barranca Parkway, J-101 Irvine, CA 92618
Tetra Tech BAS, Inc. 575017 1000001425 21700 Copley Drive, Suite 200 Diamond Bar, CA 91765
Arthur J. Conti, Vice President HDR Engineering, Inc.
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County of San Luis Obispo RFP PS- #1665 March 16, 2022 Page 24 Engineering Services for the Los Osos Landfill Post Closure Activities APPENDIX G – PROPOSER CHECKLIST
Please check all documents in which you have included with your submittal.
Technical Proposal (Required).........................................................................................................□ (Including resumes)
Cost Proposal (Required) .................................................................................................................□ Local Vendor Preference.................................................................................................................□ Risk Assessment Questionnaire (Required) ..................................................................................□ Designation of Subcontractors Form.............................................................................................□ x
x
x
x
x
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
August 21, 2023
Date: July 28, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Earth Day in the Park Event Fee Schedule
CONTACT: Rosene Nguyen, Integrated Waste Program Manager, [email protected], 209-577-5453
DESCRIPTION:
Consider the Earth Day in the Park Event Fee Schedule and forwarding to Council for approval. (Funding Source: Solid Waste Fund)
STRATEGIC PLAN ELEMENT:
The recommended action is consistent with the Council’s Strategic Plan (2020-2025) Area - Quality of Life: “Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto;” Goal D: “Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.” BACKGROUND:
The City of Modesto launched Earth Day in the Park in 1993 as an annual event to bring together community organizations and citizens interested in sustainability, environmentalism, and celebrating Earth Day. For 30 years, the City has hosted this event at Graceada Park, providing community benefit and engagement. Between 50 and 75 booths are set up at the park, providing information on public resources, organizations that support environmental stewardship, and private vendors selling or providing information on environmentally friendly products. The event is aimed at families, including activities for children, games, music, food vendors, and other entertainment. Notably, the City uses this event as a resource fair to spread information on various departments, programs, and opportunities from City and County organizations. Between 4,000 and 5,000 people attend Earth Day in the Park annually.
The City of Modesto Earth Day in the Park is free to attend; the City charges vendors for booth locations and the ability to sell or distribute information at the event to recover costs associated with hosting the event. A fee schedule was not previously established and taken to City Council #17..
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Finance Committee, August 21, 2023
Earth Day in the Park Event Fee Schedule
for this event, though the City has charged vendors for booths since 1993. Cost recovery is intended to compensate the City for the expense of hosting the event, while keeping it free to attend and reducing the use of public fees to fund special events. City staff also solicits donations from community partners to fund the event.
The fee schedule for prior events is as follows:
Booth: 10ft x 10ft
Received before
March 3rd
Received on or
after March 3rd
Commercial Business – Information Only $90 $115
Commercial Business – Non-Food Sales $115 $140
Commercial Business – Food Sales $175 $215
Government/Non-Profit Agency – Information Only FREE $40 Government/Non-Profit Agency – Non-Food Sales $30 $60
Government/Non-Profit Agency – Food Sales $135 $165
DISCUSSION:
The proposed fee schedule is based on the cost of providing this community event, including but not limited to the following components:
Facility and equipment rental
Staff time for planning and implementing the event
Advertising and outreach
Insurance, permitting, and public safety costs
Indirect costs, including overhead and administrative cost City staff determined that the 2023 event cost approximately $55,000 with $14,000 recovered through booth fees and sponsorships. The remaining cost was absorbed by the City’s Solid Waste Division’s budget. This is a roughly 25% cost recovery. City staff recommends increasing the fee schedule to recover an estimated 33% of the total cost of the event, proposed below:
Booth: 10ft x 10ft
Received before
March 15th
Received on or
after March 15th
Commercial Business – Information Only $105 $130
Commercial Business – Non-Food Sales $145 $180
Commercial Business – Food Sales $250 $310
Government/Non-Profit Agency – Information Only $40 $50 Government/Non-Profit Agency – Non-Food Sales $75 $95
Government/Non-Profit Agency – Food Sales $190 $240
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Finance Committee, August 21, 2023
Earth Day in the Park Event Fee Schedule
Fees are rounded to the nearest $5 increment and the rate for applications received after March 15th includes an additional 25% late fee.
FISCAL IMPACT:
Under California law, cost recovery rates cannot exceed 100% of the cost of service. The proposed fee schedule allows the City to continue to recover costs in a manner consistent with the City’s policy of fiscal responsibility. The cost of the event not recovered through fees and sponsorships is funded by the City’s Solid Waste Division, which is in turn funded by solid waste rates collected from residential, commercial, and industrial customers. Although Earth Day in the Park aligns with division goals and is an opportunity to share information on waste management, City staff recommends seeking a higher percentage of cost recovery to reduce event costs passed on to ratepayers.
Staff also proposes giving the Public Works Director the authority to adjust the fee schedule as needed to account for Consumer Price Increases (CPI), changes to the event, or other changing conditions.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the Earth Day in the Park Event Fee Schedule, authorizing the Public Works Director, or his designee, to negotiate and establish fees, and forwarding to Council for approval.
Approved by:
Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
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