HomeMy WebLinkAbout1997-03-03 City Council (7)City of Palo Alto
City Manager’s Report
4
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
AGENDA DATE: MARCH 3, 1997 CMR:155:97
SUBJECT:APPROVAL OF CONSULTANT CONTRACT WITH EMCON
ASSOCIATES FOR PALO ALTO SOLID WASTE CHARAC-
TERIZATION STUDY.
REOUEST
This is a request for approval of a consultant contract with EMCON Associates in the amount
of $75,000 for Palo Alto Solid Waste Characterization Study.
RECOMMENDATIONS.
1. Approve and authorize the Mayor to execute the attached consultant contract with
EMCON Associates in the amount of $75,000 for Palo Alto Solid Waste
Characterization Study.
Authorize the City Manager or her designee to negotiate and execute one or more change
orders to the consultant contract with EMCON Associates, the total value of which shall
not exceed $5,000.
POLICY IMPLICATIONS
The approval of this contract is consistent with existing policies.
EXECUTIVE SUMMARY
Consultant Services Description
The work to be performed under the contract is for conducting a Solid Waste Characterization
Study in the City of Palo Alto. The scope of services includes review and evaluation of existing
solid waste, recycling, diversion and disposal information, conducting a one week solid waste
characterization study, preparation of the study’s report, identification of1990 base year data
problem(s), preparation of revisions to disposal and diversion tonnages and recommendation
of new cost effective recycling programs to meet the 50 percent diversion goals by the year
2000.
The waste characterization study regulations are being revised now by the California Integrated
Waste Management Board (CIWMB) and may require a second season of waste
CMR:155:97 Page I of 3
characterization study to reflect seasonal variation. As additional service and optional tasks,
staff has included conducting a second one week solid waste characterization study if
required by the CIWMB.
Selection Process
The Finance Committee indicated its desire to review the draft scope of work prior to the
issuance of a request for proposal. The Committee approved the scope of work on December
10, 1996 (CMR: 493:96). ~
Staff sent a request for proposals to eleven consulting firms on December 31, 1996. Firms
were given thirty-four days to respond to the request. A total of three firms submitted
proposals. Staff contacted the firms that did not submit proposals. Reasons cited included
lack of expertise required for the project and conflicts with current workload.
A selection advisory committee consisting of solid waste management staff from Public
Works Operations reviewed the proposals, and three firms were invited to participate in oral
interviews on February 10 and 11, 1997. The committee carefully reviewed each firm’s
qualifications and submittals in response to the RFP relative to the following criteria:
specialized experience and qualifications of the firm and staff to be assigned to the project,
demonstrated understanding and technical approach to the project, recent experience in the
successfu! preparation and completion of similar projects, recent experience demonstrating
accuracy in cost estimates and ability to meet project schedules, geographic location of the
firm relative to the City, performance in interview and presentation and fees relative to the
services to be provided. EMCON Associates was selected because their proposal and
project team presented a comprehensive and precise approach to the successful completion
of the project. In both the written and oral presentations, the EMCON Associates team
demonstrated a strong experience base and understanding of the project.
FISCAL IMPACT
Funds for this project are included in the FY 1996-97 Refuse Fund Operating Budget.
ENVIRONMENTAL ASSESSMENT
This project is categorically exempt from the provisions of CEQA (Section 15306) and no
further environmental review is necessary.
ATTACHMENTS
Agreement
PREPARED BY: Robert Le, Senior Engineer
CMR:155:97 Page 2 of 3
DEPARTMENT HEAD REVIEW: ~~,-~ //~,
GLENN S.
"~ Director of
CITY MANAGER APPROVAL:
Works
JUNE
City Manager
CMR:155:97 Page 3 of 3
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
EMCON
FOR CONSULTING SERVICES
This Contract No. is entered into ,
by and between the CITY OF PALO ALTO, a chartered city and a
municipal corporation of the State of California ("CITY"), and
EMCON, a California corporation, located at 1921 Ringwood Avenue,
San Jose, CA 95131-1721 ("CONSULTANT").
RECITALS:
WHEREAS, CITY desires certain professional consulting
services ("Services") and the preparation and delivery of~ without
limitation, one or more sets of documents, reports, drawings, maps,
plans, designs, data, calculations, surveys, specifications,
schedules or other writings ("Deliverables") (Services and
Deliverables are, collectively, the "Project"), as more fully
described in Exhibit "A"; and
WHEREAS, CITY desiresto engage CONSULTANT, including its
employees, if any, in providing the Services by reason of its
qualifications and experience in performing the Services, and
CONSULTANT has offered tocomplete the Project on the terms and in
the manner set forth herein;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Contract, the parties agree:
SECTION I. TERM
I.I This Contract will commence on the date of its
execution by CITY, and will terminate upon the completion of the
Project, unless this Contract is earlier terminated by CITY. Upon
the receipt of CITY’s notice to proceed, CONSULTANT will commence
work on the initial and subsequent Project tasks in accordance with
the time schedule set .forth in Exhibit "A". Time is of the essence
of this Contract. In the event that the Project is not completed
within the time required, through any fault of CONSULTANT, CITY’s
city manager will have the option of extending the time schedule
for any period of time. This provision will not preclude the
recovery of damages for delay caused by CONSULTANT.
SECTION 2.SCOPE OF PROJECT;CHANGES & CORRECTIONS
2.1 The scope of Services andDeliverables constituting
the Project, as described in Exhibit "A", will be performed,
delivered or executed by CONSULTANT under the phases of the Basic
Services as described below.
2.2 CITY may order substantial changes in the scope or
character of the Basic Services, the Deliverables, or the Project,
either decreasing or increasing the amount of work required of
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970221 syn 0071132
CONSULTANT. In the event that such changes are ordered, subject to
the approval of CITY’s City Council, as may be required, CONSULTANT
will be entitled to full compensation for all work performed prior
to CONSULTANT’s receipt of the notice of change and further will be
entitled to an extension of the time schedule. Any increase in
compensation for substantial changes will be determined in
accordance with the provisions of this Contract. CITY will not be
liable for the cost or payment of any change in work, unless the
amount of additional compensation attributable to the change in
work is agreed to, in writing, by CITY before CONSULTANT commences
the performance of any such change in work.
SECTION 3.. QUALIFICATIONS, STATUS, AND DUTIES OF
CONSULTANT
3.1 CONSULTANT represents andwarrants that it has the
expertise and professional qualifications to furnish or cause to be
furnished the Services and Deliverables. CONSULTANT further
represents and warrants that the project director and every
individual, including any consultant (including CONSULTANTs),
charged with the performance of the Services are duly licensed or
certified by the State of California, to the extent such licensing
or certification is required by law to perform the~Services, and
that the Project will be executed by them or under their
supervision. CONSULTANT will furnish to CITY for approval, prior
to execution of this Contract, a list of all individuals and the
names of their employers or principals to be employed as
consultants.
3.2 In reliance on the representations and warranties
set forth in this Contract, CITY hires CONSULTANT to execute, and
CONSULTANT covenants and agrees that it will .execute or cause to be
executed, the Project.
3.3 CONSULTANT will assign JOHN GLAUB as the project
director to have supervisory responsibility for the per~ormance~
progress, and execution of-the Project. MATTHEW SOUTHWORTH will be
assigned as the project coordinator who will represent CONSULTANT
during the day-to-day work on the Project. If circumstances or
conditions subsequent to the execution of this Contract cause the
substitution of the project director or project coordinator for any
reason, the appointment of a substitute project director or
substitute project coordinator will be subject to the prior written
approval of the project manager.
3°4 CONSULTANT represents and warrants that it will:
3o4ol Procure all permits and licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the Project;
3°4°2 Keep itself fully informed of all existing and
future Federal, State of California, and local laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
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970221 syn 0071132
employed under this Contract and anymaterials used in CONSULTANT’s
performance of the Services;
3.4.3 At all times observe and comply with, and cause
its employees and consultants, if any, who are assigned to the
performance of this Contract to observe and comply with, the laws,
ordinances, regulations, orders and decrees mentioned above; and
3.4.4 Will report immediately to the project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and decrees mentioned above
in relation to the Deliverables.
3.5 Any Deliverables given to, or prepared or assembled
by, CONSULTANT or its consultants, if any, under this Contract will
become the property of CITY and will not be made available to any
individual or organization by CONSULTANT or its consultants, if
any, without the prior written approval of the city manager.
3.6 CONSULTANT will provide CITY with the specified
number (as defined in Exhibit "A") of any documents which are a part
of the Deliverables upon their completion and acceptance by CITY.
3.7 If CITY requests additional copies of any documents
which are a part of the Deliverables, CONSULTANT will provide such
additional copies and CITY will compensate CONSULTANT for its
duplicating costs.
3.8 CONSULTANT will be responsible for employing or
engaging all. persons necessary to execute the Project. All
consultants of CONSULTANTwill be deemed to be directly controlled
and supervised by CONSULTANT, which will be responsible for their
performance. If any employee or consultant of CONSULTANT fails or
refuses to carry out the provisions of this Contract or appears to
be incompetent !or to act in a disorderly or improper manner, the
employee or consultant will be discharged immediately from further
performance under this Contract on demand of the project manager°
3.9 In the execution of the Project, CONSULTANT and its
consultants, if any, will at all times be considered independent
contractors and not agents or employees~of CITY.
3.10 CONSULTANT will perform or obtain or cause to be
performed or obtained any and all of the following Additional
Services, not included under.the Basic Services, if so authorized,
in writing, by CITY:
3.10.1 Providing services as an expert witness in
connection with any public hearing or meeting, arbitration
proceeding,or proceeding of a court of record;
3.10.2 Incurring travel and subsistence expenses for
CONSULTANT and its staff beyond those normally required under the
Basic Services;
3.10.3 Performing any other Additional Services that
may be agreed upon by the parties subsequent to the execution of
this Contract; and
3.10.4 Other Additional Services now or hereafter
described in Exhibit "A" to this Contract.-
3.11 CONSULTANT will be responsible for employing
~all consultants deemed necessary to assist CONSULTANT in the
performance of the Services. The appointment of consultants must
be approved, in advance, by CITY, in writing, and must remain
acceptable to CITY during the term of this Contract.
SECTION 4. DUTIES OF CITY
4.1 CITY will furnish or cause to be furnished the
services listed in Exhibit "~’ and such information regarding its
requirements applicable to the Project as may be reasonably
requested by CONSULTANT.
4.2 "CITY will review and approve, as necessary, in a
timely manner the Deliverables and each phase of work performed by
CONSULTANT. CITY’s estimated ~time of review and approval will be
furnished to CONSULTANT at the time of submission of each phase of
work. CONSULTANT acknowledges and understands that the
interrelated exchange of information among CITY’s various
departments makes it extremely difficult for CITY to firmly
establish the time of each review and approval task. CITY’s failure
to review and approve within the estimated time schedule will not
constitute a default under this Contract..
4.3 The city manager will represent CITY for all
purposes under this Contract. Robert Le is designated as the
project manager for the city manager. The project manager will
supervise the performance, progress, and execution of the Project,
and will be assisted by Russ Reiserer , the project engineer.
4.4 If CITY observes or Otherwise becomes aware of any
default in the performance of CONSULTANT, CITY will use reasonable
efforts to give written notice thereof to CONSULTANT in a timely
manner.
SECTION 5. COMPENSATION
5.1 CITY will compensate CONSULTANT for the following
services and work:
5.1.1 In consideration of the full performance of the
Basic Services, including any authorized reimbursable expenses,
CITY will pay CONSULTANT a fee not to exceed fifty-four thousand
dollars ($54,000). The amount of compensation will be calculated
in accordance with the hourly rate schedule set forth in Exhibit
"B", on a time and materials basis, up to the maximum amount set
forth in this Section.
4970221 syn 0071132
5.1.2 In consideration of the full performance of
Additional Services, including any authorized reimbursable
expenses, CITY will pay CONSULTANT a fee not to exceed twenty one-
thousand dollars ($21,000). The amount of compensation will be
calculated in accordance with the hourly rate schedule set forth in
Exhibit "B", on a time and materials basis, up to the maximum amount
set forth in this section.
5.1.3 The full payment of charges for extra work or
changes, or both, in the execution of the Project will be made,
provided such request for payment is initiated by CONSULTANT and
authorized, in writing, by the project manager. Payment will be
made within thirty (30) days of submission by CONSULTANT of a
statement, in triplicate, of itemized costs covering such work or
changes, or both. Prior to commencing such extra work or changes,
or both, the parties will agree upon an estimated maximum cost for
such extra work or. changes. CONSULTANT will not be paid for extra
work or changes, including, without limitation, any study work or
change order preparation, which is made necessary on account of
CONSULTANT’s errors, omissions, or oversights.
5.1.4 Direct personnel expense of employees assigned
to the execution of the Project by CONSULTANT will include only the
work of engineers, designers, job captains, draftspersons,
specification writers and typists, in consultation, research and
design, work in producing reports, drawings, specifications and
other documents pertaining to the Project, to the extent such
services are expressly contemplated under this Contract. Included
in the cost of direct personnel expense of these employees are
salaries and mandatory and customary benefits such as statutory
employee benefits, insurance, sick leave, holidays and vacations,
¯ pensions and similar benefits.
5.1.5. The fees of the consultants, who have direct
contractual relationships with CONSULTANT, will be approved, in
advance, by CITY. CITY reserves the right to refuse payment of
such fees, if such prior approval is not obtained by CONSULTANT.
5.1.6. The rate schedules contained in Exhibit "B" may
be updated by CONSULTANT only once each calendar year, and the rate
schedules will not become effective for purposes of this Contract,
unless and until CONSULTANT gives CITY thirty (30) days’, prior
written notice of the effective date of any revised rate schedule.
5.2 The schedule of payments will be made as foliows:
5.2.1 Payment of the Basic Services will be made in
monthly progress payments in proportion to the quantum of services
performed, or in accordance with any other schedule of payment.
mutually agreed upon by the parties~ as set forth in Exhibit
or within thirty (30) days of submission, in triplicate, of such
requests if a schedule of payment is not specified. Final payment
will be made by CITY after CONSULTANT ~has submitted all
Deliverables, including, without limitation, plans, specifications,
and costopinions which have been approved by the project manager.
5970221 syn 0071132
5.2.2 Payment of the Additional Services will be
made in monthly progress payments for services rendered, within
thirty (30) days of submission, in triplicate, of such requests.
5.2.3 No deductions will be made from CONSULTANT’s
compensation on account of penalties, liquidated damages, or other
sums withheld by CITY from payments to general contractors.
SECTION 6.ACCOUNTING, AUDITS, OWNERSHIPOF RECORDS
6.1 Records of the direct personnel expenses and
expenses incurred ~in connection with the performance, of Basic
Services and Additional Services pertaining tothe Project will be
prepared, maintained, and retained by CONSULTANT in accordance with
generally accepted accounting principles and will be made available
to CITY for auditing purposes at mutually convenient times during
the term of this Contract and for three (3) years following the
expiration~or earlier termination of this.Contract.
6.2 The originals of the Deliverables prepared by or
under the direction of CONSULTANT in the performance of this
Contract will become the property of CITY irrespective of whether
the Project is completed upon CITY’s payment of the amounts
required to be paid to CONSULTANT. These originals will be
delivered to CITY without additional compensation. CITY will have
the right to utilize any final and incomplete reports, drawings,
estimates, specifications, and any other documents prepared
hereunder by CONSULTANT, but CONSULTANT disclaims any
responsibility or liability for any alterations or modifications of
such documents.
SECTION 7. INDEMNITY
7.1 CONSULTANT agrees to protect, indemnify, defend and
hold harmless CITY, its Council members, officers, employees and
agents, from any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or-
any other loss, caused by or arising out of CONSULTANT’s, its
officers’, agents’, consultants’ or employees’ negligent acts,
errors, or omissions, or~willful misconduct, or conduct for which
applicable law may impose strict, liabilityon CONSULTANT in the
performance of or failure ~to perform its obligations under this
Contract.
SECTION 8. WAIVERS.-
8.1 The waiver by either party of any breach or
violation of any covenant, term, condition or provision of this
Contract or of the provisions of any ordinance or law will’ not be
deemed to be a waiver of any such covenant, term, ~condition,
provision,’ ordinance, or law or of any .subsequent breach or
violation of the same or of any other covenant, term, condition,
provision, ordinance or law. The subsequent acceptance by either
party of any fee or other money which may become due hereunder will
not be deemed to be a waiver of any preceding breach or violation
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970~’~1 ~vn 0(3711’~9
by the other party of any covenant, term, condition or provision of
¯ this Contract or of any applicable law or ordinance.
8.2 No payment, partial payment, acceptance, or partial
acceptance by CITY will operate as a waiver on the part of CITY of
any of its rights, under this Contract.
SECTION 9.INSURANCE
9.1 CONSULTANT, at its sole cost and expense, will
obtain and maintain, in full force and effect during the term of
this Contract, the insurance coverage described in Exhibit "C",
insuring not only CONSULTANT and its consultants, if any, but also,
with the exception of workers’ compensation, employer’s liability
and professional liability insurance, naming CITY as an additional
insured concerning CONSULTANT’s performance under this Contract.
9.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Rating Guide ratings of
A:X or higher which are admitted to transact insurance business in
the State of California. Any and all consultants of CONSULTANT
retained to perform Services under this Contract will obtain and
maintain, in full force and effect during the term of this
Contract, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
9.3 Certificates of such insurance, preferably on the
forms provided by CITY, will be filed with CITY concurrently with
the execution of this Contract. The certificates will be subject
to the approval of CITY’s risk manager and will contain~ an
endorsement stating that the insurance is primary coverage and will
not be canceled or altered by the insurer except after filing with
the CITY’S city clerk thirty (30) days’ prior written~notice of such
cancellation or alteration, and that the City of Palo.Alto is named
as an additional ~insured except in policies of workers’
compensation, employer’s liability, and professional liability
insurance. Current certificates of such insurance will be kept on
file at all times during the term of this Contract with the city
clerk.
9.4 The procuring of such required policy or policies
of insurance will not be construed to limit CONSULTANT’s liability
hereunder nor to fulfill the indemnification provisions of this
Contract.~ Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any
damage, injury, or loss caused by or directly arising as a result
of the Services performed under this Contract, including such
damage, injury, or loss arising after the Contract is terminated or
the term has expired.
SECTION I0.WORKERS’ COMPENSATION
I0.i CONSULTANT, by executing this Contract, certifies
that it is aware of the provisions of the Labor Code of the State
of California which require every employer to be insured against
.liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
it will comply with such provisions, as .applicable, before
commencing the performance of the Project.
SECTION II TERMINATION OR SUSPENSION OF CONTRACT OR
PROJECT
II.i The city manager may suspend the execution of the
Project, in whole or .in part, or terminate this Contract, with or
without cause, by giving thirty (30) days’ prior written notice
thereof to CONSULTANT, or immediately after submission to CITY by
CONSULTANT of any completed item of Basic Services. Upon receipt
of such notice, CONSULTANT will immediately discontinue its
performance under this Contract.
11.2 CONSULTANT may terminate this Contract or suspend
its execution of the Project by giving thirty (30) days’ prior
written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY or in the event CITY
indefinitely withholds or withdraws its request for the initiation
or continuation of Basic Services or the execution of the Project.
11.3 Upon such suspension or termination by CITY,
CONSULTANT will be compensated for the Basic Services and
Additional Services performed and Deliverables received, and
approved prior to receipt of written notice from CITY of such
suspension or abandonment, together with authorized additional and
reimbursable expenses then due. If the Project is resumed after it
has been suspended for more than 180 days, any change in
CONSULTANT’s compensation will be subject to renegotiation and, if
necessary, approval of CITY’s City Council. If this Contract is
suspended or terminated on account of a default by CONSULTANT, CITY
will be obligated to compensate CONSULTANT only for that portion of
CONSULTANT’s services which are of direct and immediate benefit to
CITY, as such determination may be made by the city manager .in the~
reasonable exercise of her discretion.
11.4 In the event of termination of this Contract or
suspension of work on the Projectby CITY where CONSULTANT is not
in default, CONSULTANT will receive compensation as follows:
11.4.1 For approved items of services, CONSULTANT will
be compensated for each item of service fully performed in the
amounts authorized under this Contract.
11.4.2 For approved items of Services on which a
notice to proceed is issued by’ CITY, but ~which are not fully
performed, CONSULTANT will be compensated for each item of service
in an amount which bears the same ratio to the total fee otherwise
payable for the performance of the service as the quantum of
service actually rendered bears to the services necessary for the
full performance of that item of service.
970221 syn 0071132
11.4.3 The total compensation payable under the
preceding paragraphs of this Section will not exceed the payment
specified under Section 5 for the respective items of service to be
furnished by CONSULTANT.
11.5 Upon such suspension or termination, CONSULTANT
will deliver to the city manager immediately any and all copies of
the Deliverables, whether or not completed, prepared by CONSULTANT
or its consultants, if any, or given to CONSULTANT or its
consultants, if any, in connection with this Contract. Such
materials wil~ become the property of CITY.
11.6 The failure of CITY to agree with CONSULTANT’s
independent findings, conclusions., or recommendations, if the same
are called for under this Contract, on the basis of differences in
matters of judgment, will not be construed as~ a failure on the part
of CONSULTANT to fulfill its obligations under this Contract°
SECTION 12.ASSIGNMENT
12.1 This Contract is for the personal services of
CONSULTANT, therefore, CONSULTANT will not assign, transfer,
convey, or otherwise dispose of this Contract or any right, title
or interest in or to the same or any part thereof without the prior
written° consent of CITY. A consent to one assignment will not be
deemed to be a consent to any subsequent assignment. Any
assignment made without the approval of CITY will be void and, at
the option of the city manager, this Contract may be terminated.
This Contract will not be assignable by operat±on of law.
SECTION 13. NOTICES
13.1 All notices hereunder will be given, in writing,
and mailed, postage prepaid, by ~certified mail, addressed as
follows:
To CITY:Office ofthe City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 14.CONFLICT OF INTEREST
14.1 In accepting this Contract, CONSULTANT covenants
that it presently has no interest, and will not acquire any
interest, direct or’indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the
Services.
14.2 CONSULTANT further covenants that, in the
performance of this Contract, it will not employ contractors or
persons having such an interest mentioned above. CONSULTANT
9
certifies that.no one who has or will have any financial interest
under this Contract is an officer or employee of CITY; this
provision will be~interpreted in accordance with the applicable
provisions of the Palo Alto Municipal Code and the Government Code
of the State of California.
SECTION 15.NONDISCRIMINATION
15.1 As set forth in the Palo Alto Municipal Code, no
discrimination will bemade in the employment of persons under this
Contract because of the age, race, color, national origin,
ancestry, religion, disability, sexual preference or gender of such
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONSULTANT agrees to meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "D"
15.2 CONSULTANT agrees that each contract for services
from independent providers will contain a provision substantially
as follows:
"[Name of Provider] will~provide CONSULTANT
with a certificate stating that [Name of
Provider] is currently in compliance with all
Federal and State of California laws covering
nondiscrimination in employment;.that [Name of
Provider] will pursue an affirmative course of
action as required by the Affirmative Action
Guidelines of the City of Palo Alto; and that
[Name ofProvider] will not discriminate in
the employment of any person under this
contract because of the age, race, color,
national origin, ancestry, religion,
disability, sexual preference br gender of
~such person."
15.3 If CONSULTANT is found in violation of the
nondiscrimination provisions of the State of .California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Contract, it will be in
default of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
the sum of twenty’five dollars ($25) for each per~Q~r each
calendar day during which such person was subjected to
discrimination, as damages for breach of contract, or both. Only
a finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency ~or officer will
constitute evidence of a breach of this Contract.
15.4 If CONSULTANT is found -in. default of .the
nondiscrimination provisions of this Contract or the applicable
Affirmative Action Guidelines pertaining to this Contract,
CONSULTANT will be found in material breach of this Contract.
Thereupon, CITY will have the power to cancel or suspend this
I0
970221 ~yn 0071132
Contract, in whole or in part, or to deduct from the amount payable
to CONSULTANT the sum of two hundred fifty dollars ($250) for each
calendar day during which CONSULTANT is not in compliance with this
provision as damages for breach of contract, or both.
SECTION 16.MISCELLANEOUS PROVISIONS
16.1 CONSULTANT represents and warrants that it has
knowledge of the requirements of the federal Americans with
Disabilities Act of 1990, and the Government Code and the Health
and Safety Code of the State of California, relating to access to
public buildings and accommodations for disabled persons, and
relating to facilities .for disabled persons. CONSULTANT will
comply with or ensure by its advice that compliance with such
provisions will be effected pursuant to the terms of this Contract.
16.2 Upon the agreement of the parties, any controversy
.or claim arising out of or relating to this Contract may be settled
by arbitration in accordance with the Rules of the American
Arbitration Association, and judgment upon the award rendered by
the Arbitrators may be entered in any court having jurisdiction
thereof.
16.3 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
16.4 In the event that an action is brought, the parties
agree that trial of such action will be vested exclusively in the
state courts of California or in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California.
16.5 The prevailing party in ~ny action brought to
enforce the terms of this Contract or arising out of this Contract
may recover its reasonable costs and attorneys’ fees expended in
connection with that action.
1616 This document represents the entire and integrated
Contract between the parties and supersedes all prior negotiations,
representations, and contracts, either written or oral. This
document may be amended only by a written instrument, which is
Signed by the parties.
16.7 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and conditions.
16.8 The covenants, t~rms, conditions and provisions of
this Contract will apply to, and will bind, the heirs, successors,
executors, administrators, assignees, and consultants, as the case
may be, of the.parties.
16.9 If a court of competent jurisdiction finds or rules
that any provision of this Contract or any amendment thereto is
void or unenforceable, theunaffected provisions of this Contract
and any amendments thereto will remain in full force and effect°
II970221 syn 0071132
16.10 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and schedules which, from time
to time, may be referred to in any duly executed amendment hereto
are by such reference incorporated in this Contract and will be
deemed to be a part of this Contract.
16.11 This contract may be executed in any number of
counterparts, each of which will be an original, but all of which
together will Constitute one and the same instrument.
16.12 This Contract is subject to the.fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipal
Code. This Contract will terminate without any penalty (a) at the
end of any fiscal year in the event that funds are not appropriated
for the following fiscal year, or (b) at any time within a fiscal
year in the event that funds are only appropriated for a portion of
the fiscal year and funds for this Contract are no longer
available. This Section 16.12 will take precedence in the event of
a conflict with any other covenant, term, condition, or provision
of this Contract.
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:CITY OF PALO ALTO
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
City Manager
Director of Public Works Taxpayer’s I.D. No. 94-1738964
Deputy City Manager,
Administrative Services
Risk Manager
Attachments:EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C" :
EXHIBIT "D" :
SCOPE OF PROJECT &TIME SCHEDULE
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
12
970221 svnO071132
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code §i189)
STATE OF ’~--)
) ss.COO T
On ~. ~., 1997, before me,~"a .Notary P~~n~.~~d County an State, personally
appeared ., personally known to me
~,’_ of ~atisf~at’t~r-y--ev-iden~to be the
person(_~’ whose name0~ is/~ subsgribed to the within instrument
and ac~nowledged to me that he/~e!~y executed the same in
his/h~/th~r authorized capacity(i~, and that by his/h~/t~ir
signature(~ on the instrument the p’ ~rson(~, or the entity upon
behalf of which the person(~" acted, executed the instrument.
WITNESS my hand and official seal.
Commbdon #1066289
Nota~/Pub~k~ -- Callfomla
SANTA CLARA COUTNY
~ ~ ~- My Comm. r:xp~res Aug 21.1999
970221 ~yn 0071132
SCOPE OF WORK EXHIBIT "A"
A. General Information
The City of Palo Alto generates approximately 140,000 tons of solid waste a year from
approximately 25,200 households and 4,000 businesses. Sources of solid waste stream fall under
four categories: residential, commercial, industrial and self-haul. The City contracts with the Palo
Alto Sanitation Company (PASCO) to provide refuse, recycling and yard waste collection Services
including the operation of the City’s Recycling Center, the curbside recycling program and the
emptying and maintenance of public trash receptacles. The refuse collected by PASCO is either
transported to the Palo Alto Landfill or to the Sunnyvale Material Recovery and Transfer Station and
ultimate disposal of residues at the Kirby Canyon Landfill.
The California Integrated Waste Management Act of 1989, also known as AB939, required each
local government to develop a plan, the Source Reduction and Recycling Element (SRRE) of
specified content which demonstrates the means by which the amount of waste currently disposed
or transformed will be reduced by 25% in 1995, and 50% by the year 2000. The City completed the
plan in 1991 and is currently implementing the SRRE plan.
In August 1996, the City submitted an annual report to the California Integrated Waste Management
Board (CIWMB) summarizing the progress in achieving the diversion requirements. In summary
the annual report showed the following achievements/information by the end of 1995.
o Diversion rate:
Disposal rate:
Total waste diversion tonnage:
Total waste disposal tonnage
Total waste generation tonnage:
39.6 percent
60.4 percent
55,255 tons
84,280 tons
139,535 tons
During the preparation of the annual report, City’s staffhave identified a few potential problems as
follows:
,¸
The City has met and surpassed the 25 percent mandated goal of 1995 but meeting the 50
percent by the year 2000 will be very challenging and costly too.
The base year generation tonnage (a current statewide issue), especially the base year
diversion tonnage was under estimated due to the difficulty in quantifying the amounts.
The Request For Proposal seeks the services of a qualified and experienced firm to conduct a solid
waste characterization (generation and composition) study, identify the base year data problem(s)
and prepare revisions for the CIWMB approval, and recommend new cost-effective recycling
programs to meet the 50 percent mandated goal by the year 2000.
SCOPE OF WORK
Bo
In general, the
Task 1:
Scope of Work
Work of this project consists of the following tasks:
Consultant shall review and evaluate all information, data and reports as listed in
Table 1.
Task 2:
Task 3:
Task 4:
Task 5:
Task 6:
Task 7:
Consultant shall prepare and conduct a one week solid waste generation study
(SWGS) as described in and in conformance with Title 14, California Code of
Regulations (CCR); Chapter 9, Article 6.1. Consultant shall also use default data
from the CIWMB Waste Characterization Database to verify the accuracy of the
results of the study. The study shall be conducted at the City of Palo Alto Landfill
and shall include the entire City’s waste stream.
Consultant shall prepare a report on the study consisting of: ’
¯Study procedures
°Field analyses
°Findings and results (Quantities of materials disposed and diverted shall be
identified by sources of generation, categories and types in accordance with
14 CCR Chapter 9, Article 6.1.)
Consultant shall compare and evaluate the findings of this Study with that of previous
findings shown on the City’s SRRE, identify the base year data problem(s) and revise
the base-year generation tonnage, including supporting documentation, calculations
and analysis, for the CIWMB approval.
¯ Consultant shall review all existing source reduction, recycling and composting
programs and recommend new cost effective programs to meet the 50 percent
mandated goal by the year 2000.
Consultant shall attend four (4) meetings during the course of the project.
Consultant Shall reproduce and submit reports for review and approval as follows:
¯ 60% report completion submittal
90% report completion ~ubmittal
Final report submittal
5 copies
5 copies
12 copies in hard .copy and
electroni~ disk in WordPerfect
format.
SCOPE OF .WORK EXHIBIT "A"
TABLE1
LIST OF EXISTING INFORMATION, DATA AND REPORTS
Source Reduction and Recycling Element - Emcon Associates - June 1981
Household Hazardous Waste Element - Emcon Associates - June 1991
SMART Station Waste Characterization Study - Brown, Vence and Associates -
December 1995
City of Palo Alto Solid’Waste Disposal and Diversion Annual Report - August 1996
Palo Alto Waste Characterization Study
Cost Estimate
Task Number Budgeted Hours Estimated Cost
I 16 SI,800
2.1
2.2
3
4
5
Task Description
Review Existing
Information and Reports
SolidWaste Disposal
Study
Solid Waste Diversion
Study
Report
Comparison of Findings
Program
Recommendations
360
120
45
32
50
6 Attend Meetings 20
Total 643
20,60O
13,200
6.800
3.600
5,800
2,200
$54,000
OPTIONAL TASK
As an optional task, a second season of waste disposal characterization can be conducted
foltowing the same workplan described in Task 2.1. The cost for the second season would
be $20,100 with the visual surveys included or $16,400 without the visual surveys.
1997 SCHEDULE OF CHARGES
PERSONNEL CHARGES
Professional Rate Per Hour
Senior Managers/Technical Review ................................................(grades 12-99)$112 - 170/hr
Senior Technical Staff .....................................................................(grades 9-11) $ 86 - 117/ltr
Technical Staff ................... : ............................ : ................. i .............. (grades 6-8) $ 65 - 89/l’tr
Technical
Field Technicians ................. ...........................................................(grades 1-6) $ 37- 73/hr
Drafter/CADD Operators ................................................................(grades 3-6) $ 64 -73/hr
Technical Writers/Editors ...............................................................(grades 5-7) $ 57 -81/hr
Project Assistants ...........................................................................(grades 1-7) $ 37 -81/hr
Nontechnical
Office Services ...............................................................................(grades i-5) $ 41 -58/hr
Depositions and expert witness testimony, iricluding preparation time, will be charged at 150% of the
¯ above rates.
Travel time will be charged in accordance with the above rates, up to a maximum of.8 hours per day.
iAFORMS\971brate.doc (Rev. 1/97)
I
(1997 Rate Schedule, Continued)
OUTSIDE ’SERVICES
Charges for special outside services, equipment, and facilities not fumished directly by EMCON will be
billed at cost plus 15%. Such charges may include, but shall not be limited to the following services:
Printing and photographic reproduction
Rented vehicles
Transportation on public carriers
Subconsultants
Special fees, permits, insurance, etc.
Rental and operation of drilling equipment
Rented field equipment
Shipping charges
Meals and lodging
Consumable materials
COMMUNICATIONS
The cost of communications including telephone charges, facsimile, express mail, postage and routine
copying costs will be charged at a fiat rate of 3% of total gross labor charges.
DIRECT CHARGES ¯
Reproduction - black.and white, per sheet (non-routine) ..................................$ 0.10
Reproduction - color, per sheet ....................~ ..................................................$1.25
Blueprints, per square foot ..............................................................................$ 0.25
Mylar, per square foot ........................... ..........................................................$ 2.00
Auto per mile ...............................: ..................................................................$ 0.42
Pickup truck per mile ....................~ .................................................................$ 0.50
Storage of samples per month per container*. ...................................................$ 5.00
Disposal per container* ...................................................................................$50.00
CADD Laser Plots: Vellum,-per square foot ...................................................$1.00
CADD Laser Plots: Mylar, per square foot .....................................................$ 2.00
*A container is defined as a standard core box, a capped Shelby tube or a seaied five-gallon bucket.
COMPUTER CHARGES
CADD/Modeling ......~ ................................ .............r ....................................$15.00/hr.
SUPPLEMENTAL SCHEDULES OF CHARGES (Schedules available upon request)
Soils Laboratory ¯ Chargeable Equipment Schedule
,~Chemical Laboratory
Rate Changes
Schedule of Charges and Standard Equipment Rates are subject to change without notice..
Payment
Monthly invoices are to be paid within 30 days from invoice date.
charged at a rate of 18% per annum.
Interest on late payments will be
i:WORMS\971brate.doc t’Rev. 1/97)
EXHIBIT C
Aon Risk Services. In=.
Spoor Street Tower Ste 2100
San Francisco° CA 94105"
415-5~3-9360
EM¢ON
1921 Ringweed Ave,
Szn Jose, CA 95131
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
1’ HIS IS 1’ O CER,T IFY 1’ HA T THE POLICIES OFINSUg ANCE LISTIEE) BELOWHAVE BEENISSUED TO THE INSURED N,~MED ,~BOVEFOR T HE POLICY PERIOD
INDIC ~. T ED. NO TWIT, HST ANDING ANY RP:QUtREMENT .TE~M ORCONDIT IONOF ~,NYCONT RAC1, 0 R O 1,HER OOCL,~,~ENT WIT HgESPECT T O WHICH T HIS
CERTIFICA1, E MAY BE ISSUED ORMAY PERT AIN. THE INSURANCE AFFORDED BY THE POLIC~£S DE$CRZBED HEREIN IS SUBJECT TO .~LL THE TE~S.
EXCLUSIONS AND CONDI1,1ONS OF: SUCH POLICIES. LIMitS SHOWNM~,Y H.IvE BEEN REDUCED BYP,IIO CL,iIMS.
¯NY ~UTO
4297-9251.
N~C422"/0 e~4
N~C42270866 (MASS)
NTF125942506
RETENTION $250,000,
Coniult Env. Liab;
A) Professional
_B] Pollution Legal
p~uoY e~l~ot~
1101197
1/01157
1101197
1101197
1/01/97
110119?
1101190
1101198
1/o 1/9~
11o1/9e
1101198
1/01/gtl ¯
COlUmNeD $~NQLE LlUt!
E~"l-I ACCtC~NT
SIR
2o’~9ooo
2000000
1000000_
lOOOq~O
100000
5000
2000000
$
s’oQoooo
sO00OO0
10000
I_0ooo0o
lO~000o
lOO,0o0o
S2,000,000 EaClaIm
$2,000.000 Agg.
CLAIMS MADE FORM
City of Paid Alto, Its Officers and Employees are Additional Insureds on
General Li=b|lity an~ Automobile Li=bili~y =nly,
City of P,Io Alto
Attn: Ja~es Harrington
250 Hamilton Avenue
PO ~ox 10250
Pelo
0963~5610
AFFIRMATIVE ACTION GUIDELINES
EXHIBIT D
SECTION 00820
COMPLIANCE REPORT
,Non-Discrimination Provisions of Palo Alto Contracts
IMPORTANT
This report must be completed by prime
contractor and each .subcontractor.
Complete all items unless otherwise
instructed. Use extra sheets if
necessary. SUBMIT ORIGINAL OF THIS
REPORT DIRECTLY TO:
Name of Firm
Manager of Purchasing
Civic Center
250 Hamilton Avenue
Palo Alto, CA 94301
Telephone
Name of person preparing form,
person to contact.
Subcontractor
PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-4
AFFIRMATIVE ACTION GUIDELINES SECTION 00820
Part I Complete the Following:
Description:
1. Full name and address of
firm or other reporting unit
covered by this report.
2. Name and address of .
principal official or manager.
3. Name and address of
principal office of company.
4. Name and address of parent
company if affiliated
corporation.
5. Name and address of prime
contractor (complete only if this
is a subcontractor’s report.
6. Signature and title of
authorized representative.
Type or Write in Here:
R.
TITLE:
Part .lI--Policy Information
Attach a statement of your company’s policy on equal employment
opportunity to all persons without regard to race, creed, color, national origin,
or ancestry, and describe what steps have been taken to put this policy into
effect.
Part Ill--Circle
1.@ No
the Proper Answer.
Have you informed company officials and representatives regarding the non-
discrimination provisions of City of Palo Alto Contracts?
Have you examined your company’s practices regarding assignments, layoffs
or transfers of your employees from one job to another for evidence of a
practice or employment pattern that might appear to be discriminatory and
based upon sex, race, color, ancestry, religion, national origin or disability?
Are they non-discriminatory?
PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-5
AFFIRMATIVE ACTION GUIDELINES SECTION 00820
3.(~ No
4"0 No
Do you have educational 6r training programs sponsored or financed for the
benefit of employees or prospective employees.
a.How many people participate in these programs?
b.How many are minorities?~0L(J~L[}
Does your employment advertising state you are an equal opportunity
employer?
5. Yes No Are any apprentices obtained from sources outside the employer’s work
force? If yesl have you circulated information about apprenticeship openings
or opportunities to the following.
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
State Employment Offices
Newspapers or other media
High Schools, including those in minority group areas.
Local trade or vocational schools, including those with minority
group students.
Agencies or organizations specializing in minority employment.
Federal or State apprenticeship representatives.
Who?
Others
6. Yes No If you are a prime contractor, have all subcontractors covered by these
compliance inspection reports been instructed as to their contractual
obligations relating to non-discrimination provisions of City of Palo Alto
Contracts?
Have all recruitment sources been advised that all qualified applicants will
receive consideration for employment without regard to sex, race, color,
ancestry, religion, national origin, or disability?
8.Identify (names and addresses) the employment agencies, personnel
r.ecruitment organizations, newspaper advertising or other non-union sources
from which the company recruits)ts personne.I. ~ .
J
Part IV--Union/Crafts Information
1. Ye~) Have you a collective bargaining agreement with a labor union or other
PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-6
AFFIRMATIVE ACTION GUIDELINES SECTION 00820
organization? If yes, specify the Union(s) or organization(s)
2. Yes No Have you advised the labor union and/or worker organization of the
company’s responsibility under the non-discrimination provisions of City
contracts.
3. _O_%Approximately what percentage of your employees covered by union
agreements are referred by or hired through the unions?
Explain procedure for hiring balance.
i~/~ 5. Yes No
Does the company’s collective bargaining agreement or other contract or
understanding with a labor union (or unions) or other worker’s organization
include a provision for non-discrimination in employment?
Is there any labor union or worker’s organization policy which prevents you
from fulfilling your obligations under the non-discrimination provisions of City
contracts? If so, specify.
6. Yes No Specify the trade(s) or craft(s) involved in this contract.
7~Use this space for comment on any answers you have supplied.
Note: In compliance with the Americans with Disabilities Act (ADA) of 1990, this document
may be provided in other accessible formats. For information, contact: Fred Herman, ADA
Director, City of Palo Alto (415) 329-2550 (voice) or (415) 328-1199 (TDD)o
PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-7
AFFIRMATIVE ACTION GUIDELINES
Name of Firm
Project Name
DATE:
RACIAL MAKEUP OF REPORTING UNIT
/~--, m c~i~--~. ~,~Submitted b
SECTION 00820
Contract #.(Indicate only for monthly report, No. 3)
Three types of breakdown are required..This form is used for all three. (Check--V’)
[] -1-Permanent makeup of company. ~[ -2-Estimated makeup for this project.
:J~ -3-Monthly report for,,, o~ / 19_~. Submit once per month for duration of project.
1 = Permanent.2 = Estimate for project.
Be sure to include all employees in first column, not just minorities.
required to be filled in and submitted with Compliance Report.
Category =
Mana~gement
Professionals
Clerical-Office
Field Supervisor
Skilled - List:
a,
b.
C.
Unskilled - List:
a.
b.
C,
Total of
Above:
The data below
a.White Collar
b.Production
3 = Monthiyonly.
Nos. 1 and 2 below are
2 3
2-
2 3
13
1 2 3 1 3 1 2 3 2
I
should also be included in the categories above. This is for On Job Training:
This report must be completed by contractor and each subcontractor, The term "Spanish Surnamed" includes all persons of Mexican, Puerto
Rican, Cuban, Latin American or Spanish origin. Report only employees enrolled in formal on-the-jbb training programs.
END OF SECTION
PURCHASING ADMINISTRATION: Affirmative Action SECTION 00820-8
rncofl
1921 Ringwood Avenue ,* San Jose, California 95131-1721 ¯ (408) 453-7300 ,, Fax (408) 437-9526
The employment policy and practice of EMCON is to provide equal opportunity for all
applicants and employees. The company does not and will not discriminate on the basis of
race, color, religion, creed, sex, pregnancy, national origin, ancestry, age, medical
condition, handicap or disability, marital status, sexual orientation, veteran status or any
other classification protected by applicable employment discrimination laws. This policy
applies to all areas of employment including, but not limited to, recruitment, hiring,
training, promotion, .compensation, benefits, transfer, and any other status change.
To implement these policies, EMCON will continue to:
Recruit, hire, train, and promote persons in all job classifications without regard to
race, color, religion, sex, national origin, age, qualified disabled or veteran status.
EMCON does not discriminate on the basis of national origin or citizenship status as
provided under the Immigration Reform and Control Act of 1986;
B.Base decisions on employment so as to further the principle of equal employment.
opportunity;
C.Insure that promotion decisions are in accord with the principles of equal employrnent
opportunity by imposing only Valid requirements for promotional opportunities;
Insure that all personnel actions (including but not limited to compensation, benefits,
transfers, layoffs, company-sponsored tr’,iining, education, tuition assistance, social and
recreational programs) are administered without regard to race, color, religion, sex,
national origin, age, qualified disabled or veteran status.
Barry Langford, in EMCON’s San Jose, CA office, has been designated EEO Coordinator
and is responsible for compliance with state and federal equal employment opportunity
laws, and for implementing the affirmative action program, including equal employment
practices, monitoring, and internal reporting. Employees believing they have not been
treated in accord with this policy are encouraged to contact Barry Langford.
The continued success of our Aff’urtmtive Action Program requires maximum cooperation
from every employee throughout our organization. Equal employment opportunity is not
only the law, but it is a principle of EMCON. Your cooperation is expected to achieve
this goal and I personally standbehind this principle.
~’Date