HomeMy WebLinkAbout1997-09-08 City Council (27)City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
AGENDA DATE: SEPTEMBER 8, 1997 CMR:375:97
SUBJECT:AWARD OF CONSULTANT CONTRACT TO EMCON FOR
LANDFILL GAS MIGRATION INVESTIGATION AND
REMEDIATION PROJECT
REQUEST
This is a request for approval of a consultant contract with EMCON in the amount of $37,200
for the Landfill Gas Migration Investigation and Remediation Project.
RECOMMENDATIONS
Staffrecommends that Council:
Approve and authorize the Mayor to execute the attached consultant contract with
EMCON in the amount of $37,200 for the Landfill Gas Migration Investigation and
Remediation Project.
Authorize the City Manager or her designee to negotiate and execute one 0r more change
orders to the consultant contract with EMCON, the total value of which shall not exceed
$3,700.
POLICY IMPLICATIONS.
Approval of this contract is consistent with existing City policies.
EXECUTIVE SUMMARY
The Local Enforcement Agency and the California Integrated Waste Management Board have
recently taken actions related to a violation of State minimum standards due to the presence of
landfill gas at the boundary of the Pal. Alto Landfill (CMR:321:97 and CMR:363:97).
This contract will involve investigation and, if deemed necessary, design work to correct this
violation of State minimum standards. The work to be performed under the contract includes
review of landfill gas monitoring records and other pertinent documents and development and
implementation of additional field investigations. The project also includes the preparation of
a written report presenting the results of investigative efforts, an assessment of potential health
CMR:375:97 Page 1 of 2
and safety hazards, and a corrective action plan to address and correct the violation of State
minimum standards. An optional task to implement reeomI~_ ndations resulting from the
investigation is also included, should corrective measures be warranted. Staff may return to
Council for additional authority should the cost of implementing the corrective measures
exceed the authority approved for the attached agreement.
Selection Process ’
Staff sent a Request for Proposals (REP) to nine consulting firms on July 21, and the bid
opening was on August 12, 1997. A total of eight firms submitted proposals.
A selection advisory committee of staff from Public Works Operations reviewed the
proposals, and three firms were invited to participate in oral interviews on August 25, 1997.
The advisory 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 successful completion of
similar projects, completeness and quality of the proposal, and fees relative to the services
to be provided. EMCON was selected because its proposal, presentation, technical approach
and project realm presented an approach that was both comprehensive and directed toward
addressing the project objectives.
FISCAL ~
Funds for this project were included in the FY 1997-98 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: Chad Centola, Manager, Environmental Control Programs
DEPARTMENT HEAD REVIEW:
CITY MANAGER APPROVAL"
GLENN ROBERTS
Director of Public Works
Assistant City Manager
CMR:375:97 P~tge 2 ot’ 2
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
EMCON
FOR CONSULTING SERVICES
This Contract 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, authorized to do business in California,
located at 1921 Ringwood Avenue, San Jose, CA 95131("CONSULTANT").
RECITALS:
WHEREAs, CITY desires certain professional consulting
services ("Services") and the preparation and delivery of, without
limitation, one or more sets of documents, 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 desires to 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 to complete 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
1.1 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.~COPE OF. PROJECT; CHANGES & CORRECTIONS
2.1 The scope of Services and Deliverables 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.
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2.2 CITY m~y 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
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.
2.3 Where the Project entails the drafting and
submission of Deliverables, for example, construction plans,
drawings, and specifications, any and all errors, omissions, or
ambiguities in the Deliverables, which are discovered by CITY
before invitations to bid on a construction project (for which the
Deliverables are required) are distributed by CITY, will be
corrected by CONSULTANT at no cost to CITY, provided CITY gives
notice to CONSULTANT.
2.4 Any and all errors, omissions, or ambiguities in the
Deliverables, which are discovered by CITY after the construction
contract is awarded by CITY, will be performed by CONSULTANT, as’
follows: (a) at no cost to CITY insofar as those Services,
including the Basic Services or -the Additional Services, as
described below, or both, will result in minor or nonbeneficial
changes in the construction work required of the construction
CONSULTANT; or (b) at CITY’s cost insofar as those Services,
including the Basic Services or the Additional Services, or both,
will add a direct and substantial benefit to the construction work
required of the construction CONSULTANT. The project manager in
the reasonable exercise of his or her discretion will determine
whether the Basic Services or the Additional Services, or both,
will contribute minor or substantial benefit to the construction
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 ~hem or under their
supervision. CONSULTANT. will furnish to CITY for approval, prior
to execution of this Contract, a list of all individuals and the
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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 RICHARD HAUGHEY~ as the
director to have supervisory responsibility for the performance,
progress, and execution of the Project. ANDY WANG 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:
3.4.1 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
employed under this Contract and any materials 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 in~nediately 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.
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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 CONSULTANT will 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 p~rties 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 "A" 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
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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. CHAD CENTOLA 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 SEAN KENNEDY, 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 thirty seven thousand
two hundred dollars ($37,200). The amount of compensation will be
calculated in accordance with the hourly rate schedule set forth in
Exhibit "B", on a time and materials basis, up to the maximum
amount set forth in this Section.
5.1.2 In consideration of .the ful:l performance of
Additional Services, including any authorized reimbursable
expenses, CITY will PaY CONSULTANT a fee not to exceed ten thousand
dollars ($i0,000). 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 inthis 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 design work or
change order preparation, which is made necessary on account of
CONSULTANT’s errors, omissions, or oversights.
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5.1.4 Direct personnel expense of employees assigned
to the execution of the Project by CONSULTANT will include only the
work of architects, engineers, designers, job captains, surveyors,
biologists, draftspersons, specification writers and typists, in
consultation, research and design, work in producing drawings,
specifications and other documents pertaining to the Project, and
in services rendered during construction at the site, 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 follows:
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 "B",
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 cost opinions which have been approved by the project manager.
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, ADD.ITS, OWNERSHIp OF RECORD______~S
6.’i Records of the direct personnel expenses and
expenses incurred in connection with the performance of Basic
Services and Additional Services pertaining to the 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.
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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 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 liability on 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
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.INSURANC~
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
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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 PaloAlto 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.
PROJECT
SECTION Ii -TERMINATION OR SUSPENSION ,OF, CONTRACT OR
li.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
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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 ~t~e 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 Project by 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. ~
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 immediatelyany 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 will 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.
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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 operation 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 of the 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 noo 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
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 PaloAltoMunicipal 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 be made 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".
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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 emploJ~nent; 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 of Provider] 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 or 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 person for 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
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
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Ii
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 any 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.
16.6 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, terms, 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, the unaffected provisions of this Contract
and any amendments thereto will remain in full force and effect~
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
970826 ~n 0071272
12
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
APPROVED AS TO FORM:
Mayor
Senior Asst. City Attorney
APPROVED:
City M~nager
Director of Public Works
Acting Director of
Administrative Services
EMCON
Taxpayer’s I.D. No. 94-1738964
Risk Manager
Attachments:EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "D":
SCOPE OF PROJECT & TIME SCHEDULE
RATE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
970826 ~n 0071272
13
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY
)
) ss.
)
On ~, ~, 1997, before me, the undersigned, a
~ary Publ.ic~in ~hd fo~ said County and State, personally appeared
~ ~. ~uO._~ ~ , personally known to
person~ whose name(.~ is/a~ subscribed to the within instrument
and adkno.wledged to me that he/s~/~y executed the same in
his/h~/th~Zr authorized capacity(i~, and that by his/~/~ir
signature~ on the instrument the’p’erson(~, or the enti~ylupon
behalf of ~hich the person(~ ~acted, executed the instrument.
WITNESS my hand and official seal.
Sigfia~urA of Nouary ~ublic
970~6 ~yn 0071~7~
14
EXHIBIT A
1 PROJECT UNDERSTANDING, APPROACH, AND SCOPE OF
WORK,
1.1 Project Understanding
The City of Palo Alt0 Public Works Department Operations Division (City) is seeking to
determine the most cost-effective means of evaluating and remediating apparent landf’dl
gas (LFG) n’figration .from the.Palo Alto Landf’dl in the vicinity of the Palo Alto Regional
Water Quality Control Plant (PARWQCP).
The Palo Alto Landfdl is located adjacent to the Palo Alto Baylands in an area underlain
by Bay mud. Due to its location, much of the landfill’s perimeter is surrounded by surface
water. Additionally, <tbe area where surface water is not present has groundwater at or
just below the ground surface. As a result of the adjacent surface water and high.
groundwater, the potential LFG migration paths are limited. Additionally, the area around
the landfill is pre~dominately undeveloped with wetlands and flood plain occupying the
majority of.the area. The closest developed area is the PARWQCP. "
Section 20919.5, Title 27 of the California Cbde of Regulations (27 CCR 20919.5)
requires quarterly LFG monitoring at the landfall boundary to determine whether LFG,
measured as methane, exceeds the lower explosive limit (EEL), w~eh is approximately
5 percent by volume-in air. However, 27 CCR 20919.5 does not specify requirements for
the number or location of LFG monitoring probes. Landfdl closure standards contained in
27 CCR 20925 require LFG probes be plae.ed on 1,000-foot centers along’ the landt’tll’
boundary, . or alternate locations and spacing can be proposed. However, ,this standard
only applies when the landfdl is closed although many landftll operators rely on this
standard when installing LFG probes during the landfill’s operating life.
The landfill’s setting led to the City’s current LFG monitoring strategy, As allowed by
27 CCR 20925, the City in Preliminary Closure and Postclosure Maintenance Plan,
City of Palo Alto Landfill, Palo Alto, California (EMCON 1992), proposed an alternative
LFG monitoring system which was approved as part of the Preliminary Closure and
Postclosure Maintenance Plan ,approval. The City has installed LFG monitoring probes
along the landfill pi~rimeter between waste and the PARWQCP. There are currently
4 LFG probes, MW-I, MW-2, MW-3, and MG-3A. LFG concentrations exceeding the
LEL. have been regularly detected in all the monitoring probes. Additionally, volatile
organic compounds have been dete~ted. The City has received a Notice of Violation from
ESJ:~I:WRA\RDH(P.575.DOC-97~jlc:2 Rev, O, 8/12/97
92097-080.001 1-1
the California Integrated Waste Management Board (CIWMB) related to the elevated
LFG concentrations and the CIWMB has notified the City that the Palo Alto Landf’dl will
be placed on the Inventory of Solid Waste Facilities Which Violate State Minimum
Standards.
The City is seeking the services of a qualified ’consultant to perform a detailed
investigation of the nature and occurrence of LFG detected along the landfill perimeter
aimed at identifying likely sources of LFG and potential hazards, and recommending steps
to address and correct the outstanding violations of 27 CCR 20919.5.
.1.2 Approach
We will approach this project from the perspective of limiting overall costs (both short-
term and long-term) for the LFG migration corrective action, while maintaining regulatory
compliance and public health and safety. In Task 1, we will review current site
information and conditions to update our existing fde information, and LFG monitoring
data. The majority of the investigation will be performed by engineers experienced in LFG
migration assessments. They will be assisted in characterizing the transmissivity of site
materials by a geologist knowledgeable of the site.
In Task 2, we will evaluate the need for any additional field investigations to respond to
any information gaps identified during Task 1 and to support subsequent tasks. We will
also evaluate the most cost-effective type of field investigation,-if determined to be
necessary. Using-information obtained during T~k 1 and supplemented by any additional
field investigations, we will prepare a theoretieai investigation of LFG migration extent.
In Task 3, we will use our screening level risk assessment expedenee at similar sites, as a
basis for qualifying LFG risks at the Palo Alto Landfill. We will then contrast the risks
with the exemption edteda in Tire 27, and recommend a course of corrective action.
Based on the recommended corrective action, we will prepare design plans and
specifications, time table, and cost estimate. ’
In Task 4, if authorized by the City, we will implement the corrective action recommended
during Task 3.
1.3 Scope of Work
The objective of this project is to characterize the source, extent, and nature of the LFG
migration problem-at’ the Palo Alto Landfall as a basis for regulatory exemption or
¯ appropriate corrective action. The objeetiye of the corrective action, if required, will be to
provide a logical progression of steps for implementing LFG control at the landf’tll
boundary. EMCON understands the City’s schedule and will pursue solutions that are
ESJ:~I:WRA\RDH02575.DOC-9"Ajle:2
92097-080.001 1-2
timely and cost-effective, within the constrains of public acceptance and safety, and
regulatory requirements.
The following is our proposed scope of work for services to estimate LFG migration and
potential risk, and to develop a course of corrective action, if required.
Task I - Data Acquisition and Review’
EMCON will collect and review general site information and existing published and
unpublished reports on the engineering and operation of the Palo Alto Landfill. Much of
this information is already in EMCON’s t’des from EMCON’s past Work at the landfill.
We will be particularly interested in LFG monitoring and analytical reports, LFG
monitoring probe installation information, and any information developed by the
PARWQCP.
An EMCON engineer will visit the site to inspect the current conditions including site
topography, landfill cons2uction, and other site specific items that may affect LFG
migration. We will also meet with City staff, and obtain additional background
information. ..
Task 2 - Field Investigation
Based on the information obtained and reviewed during Task 1, we will evaluate the need
for additional field investigation. The goal of thefield investigation will be to supplement
existing information and fill any significant data gaps, and to support subsequent tasks.
Subtask 2.1 - Recommended Field Investigation Report
As a first step in determining the need for additional field investigation, we will estimate
LFG generation rates using our proprietary computer, model and .known site
Characteristics (size, age, and nature ,of refuse, moisture content, landfdl construction,
topography, hydrogeology, soil gas pressures). Although EMCON’s original work in the
1970’s (the Scholl Canyon Model) was the basis for the current US Environmental
Protection’ Agency (EPA) Landfdl Air Emissions Estimation Model, our current model
.version incorporates much more site specific data than the EPA model, and is well
calibrated for California landfills in semi-arid locales. We will estimate a range of probable
current LFG flux though, the suspected migration area. Using this information, combined
. with assuming the time of start ofmigration as the date of completion of the soil cover in
the adjacent landt"dl area, we will model the possible range of the LFG migration area.
Note, that because some of the input data will be approximate and the subsurface spatial
variability is unknown, the resultant range of impacted area may be very wide. However,
F.SJ:~I:WRA’~RDH02575.I)OC. -97~j1:2 Rev. 0. 8/12/97
92097-080.001 1-3
the results will be useful in.evaluating whether additional field investigation will be
necessary.
Based on the data review and the results of the LFG migration evaluation, we will prepare
a letter report summarizing the site conditions and recommending additional field
investigations, if necessary. If necessary, the additional field investigations could likely
involve either obtaining LFG concentrations on a’spatial and variability basis using a bar
hole punch, or similar method, or installing an areal grid of long-term passive soil vapor
samplers (trade names EMFLUX® or GoreSorb®). The additional field investigation
would only be performed with City concurrence and authorization.
Subtask 2.2 - Field Investigation
Obtaining LFG concentrations using a bar hole punch involves driving a bar hole punch on
an areal grid and then using a hand-held instrument to obtain a methane reading. Unless a
temporary or permanent probe is installed, this method would provide a one-time look.
However, a temporary or permanent probe could be installed that would allow additional
readings over time. The shallow groundwater in the area adjacent to the landf’dl makes
using a bar hole punch a practical, cost-effective method of obtaining LFG concentrations.
An alternative to using a bar hole punch is using an areal grid of long-term passive soil
vapor samplers (trade names EMFLUX® or GoreSorb®). These samplers are placed on a
grid pattern and capture trace concentrations of LFG eonstituents,.sueh as volatile organic
compounds (VOC). The shallow zone "ab0ve.groundwater in which LFG can migrate
from the landf’dl make using these samplers a practical alternative. The samplers are.
normally left in place for a period of time from 3 days up to 2 weeks. The retrieved
samplers are transferred to a certified analytical laboratory for analysis using standard EPA
methods. The measured gas concentrations will be plotted on a site drawing, and
isopleths will be interpolated, visually defining the impacted area. We have used this
method as a preliminary screening tool for siting of permanent LFG monitoring probes, as
well as for definition of the extent of LFG and VOC plumes. We have found this
technology to be extremely sensitive, accurate, and cost-effective, and are very impressed
with the results, in our screening applications to date.
The analytical results will also. be .useful in "’finger printing" the gas to determine its
source. As,stated in EMCON’s September 29, 1995 letter report to the City, there may
be sources other than the landfill or in addition to the landfill.
ESJ:~I :WRA\RD H02575 .DOC.97~jle:2
92097-080.001 1-4
Rev. 0, 8/12/97
Task 3 - Recommended Corrective Action Report
Subtask 3.1 - Screening Level Risk Assessment
We will perform a qualitative assessment of LFG methane migration mechanisms, and the
potential impact of LFG migration on receptors in the site vicinity. To minimize the cost
of this assessment, we will reference previous quantitative determinations performed by
EMCON for ambient air and groundwater contamination risk screening at similar sites, as
a basis for comparison with LFG migr~ation at the Palo Alto Landfill.
We will provide our best efforts to highlight conditions that limit and naturally constrain
adverse impacts of LFG migration. Some of the issues which we will consider include:
sources other than the landfill and multiple sources
the design and construction of the landfill
limited current and future development on adjacent properties
sufficient definition of subsurface hydrogeology
natural LFG barriers
¯low-transmissivity soils
¯LFG generation rates
-LFG pressure gradients
Although not proposed herein or included in the cost proposal, EMCON can perform a
site specific screening level risk assessment. This may require more field investigation
than would otherwise be required. If the City would like to have a site specific screening
level risk assessment performed, that determination will be necessary before the start of
Task 2.
Subtask 3.2 - Corrective Action Recommendation Report
Based on the results from Tasks 1 and 2, and Subtask 3.1, we will prepare a report that
discusses the landf’dl setting, probable gas source(s), current and future potential for LFG
migration, and potential risk associated with LFG migration. Additionally, the report will
discuss the potential for Obtaining an exemption from the control requirements contained
in 27 CCR 20919.
E.M 51:WRA\RDH02575. DOC-97~jI¢:2
92097-080.001 1-5
Rev. O, 8112/97
~27 CCR 20919 allows the local enforcement agency to waive the requirement to construct
a LFG control system to control LFG migration when satisfactory evidence is presented
indicating that adjacent properties are safe from hazard or nuisance caused by LFG
migration. We will discuss this option with City staff while preparing the draft report. If
it is determined that satisfactory evidence exists and City staff concurs, we will finalize the
report without including corrective action measures. The report will be suitable for
submittal to the local enforcement agency and tfae CIWMB.
If it is determined that an exemption cannot be obtained, the report will present corrective
action alternatives. The report will include summaries of feasibility and cost for alternative
LFG migration correction actions and a detailed analysis of the recommend corrective
action.
Typical accepted LFG migration corrective action alternatives include LFG extraction
from the refuse (this could utilize the existing LFG collection system), vapor extraction
from surrounding soils, air injection or air sparging in surrounding soils, and flow barriers
such as a slurry wall or vent trench. The areal extent of the corrective action will depend
on the confirmed extent of the migration zone. For very limited LFG migration impacts in
an undeveloped area, one cost-effective solution can be acquisition of additional land as a
buffer and re-establishment of the compliance monitoring locations. (This may be a
practical solution given the area between the landfill and PARWQCP is owned by the
City.) The LFG corrective action will depend on the flow rate and concentration of the
LFG constituerits.
The report will also include design drawings.and speciOcations for the recommended
corrective action and procedures for acquiring the required permits. Additionally, the
report will present a cost estimate for the recommended corrective action and an
implementation time table.
Two copies of the draft ~:eport will be submitted to the City for review and comment. The
report will be finalized based on City comments and five copies of the final report will be
submitted.
Task 4 - Corrective Action Implementation (Optional)
If.authorized by the City’, we will implement the corrective action recommended in Task 3
and concurred in by the city. EMCON is fully capable of implementing any corrective
action through its OWT subsidiary. OWT’s capabilities are discussed in Section 2.
ESI;kl:WRALRDH02575.DOC o97~jlc:2
92097-080.0ol 1-6
Rev. 0, 8/12/97
1997 SCHEDULE OF CHARGES
PERSONNEL CHARGES
Professional Rate Per Hour
Senior Managers/Technical Review ................................................(grades 12-99)$I 12 - 170/hr
Senior Technical Staff .....................................................................(grades 9-11) $ 86 - 117/hr
Teehnieal Staff. ...................................................................~ ............(grades 6-8) $ 65 -89/hr
Technical
Field Technicians ............................................................................(grades 1-6) $ 37- 73/hr
Drhfter/CADD Operators ...............................................................(g.rad~g 3-6) $ 64- 73/hr
Technieal Writers/Editors ...............................................................(grades 5-7) $ 57 -81/lax
Project Assistants ...........................................................................(grades 1-7) $ 37 -81/hr
Nontechnical
0ffice Services ."...(grades 1-5) $ 41- 58/hr
Depositions and eXl~r~ witness testimony, itieluding preparation time, will be charged at 150% of.the
above rates.
Travel time wi.ll be charged in accordance with the above rates, up.to a maximum of 8 hours per day.
i:WORMSLq71brate.doe (Rev. 1/97)
(1997 Rate Schedule, Continued)
OUTSIDE SERVICES
Charges for special outsid~ services, equipment, and facilities not furnished dixectly 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 sealed five-gallon bucket.
COMPUTER CHARGES .
C.ADD./Modeling .....................................:. .................................................$15.00/hr.
SUPPLEMENTAL SCHEDULES OF CHARGES (Schedules available upon reques0
Soils Laboratory * Chargeable Equipment Schedule
o Chemical Laboratory
Rate Changes
Schedule of Charges and Standard Equipment Rates are subject to change without notice.
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:WORaMS\971brate.doe (Rev. 1/97)
2100
EMCON
(formerly EMCON Asaocletes)
lg21Ringwood Ave.
San Jose, CA 95131
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
CERTIFICATE DOES NOT AMEND, EXTEND ORVERAGE AFFORDED BY THE POLICIES EFLOW.
COMPANIES AFFORDING COVERAGE
.A Reliance National Indeml~ity_
COM~y
~ B Gen~ls ~n~urance C~mpa~y
~ANy
Ind Ins Co/CIGNA Fire U/W Ins
~ the ~ PA
THIS IS TO CERTIFY THAT THE POLICIES O1= INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AB aVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REOUIREMENT,TERMOR CONDITION OF AN Y CONTRACT OR OTHER DOCUMENT WlTH RESPECT TO WHICHTHIS
CERTIFICATE MAY BE ISSUED OR M~Y PERTAIN, THE INSURANCE AFFORDED BY YHE POLICIES DESCRIBED HEREIN IS SUeJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF _s_UCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POUeY NU~ER
NGB2015127O5
SIR: $25,000 PER
YX8300371A
NWCC42270854 (AOS)
NWCC44270866 (MASS]
1/01197
1101197
1101197
11011.97
1101197
i101198
1101198
1101198
1101198
II01198
NTF125942806 1101~97 1101198
OTId~R ~HAN AUTO ONLY:
$
$
5000000
5000000
9100000o
0000
nod
$2,000,000 E~CleIm
$2,000,000 Agg.
CLAIMS FORM
EXHIBIT D
PART III - CERTIFICATION OF NONDISCRIMINATION SECTION 410
PROJECT TITLE: GAS MIGRATION INVESTIGATION & REMEDIATION PROJECT
Certification of Nondiscrimination: As suppliers of goods or services to the City of Palo Alto,
the firm and individuals listed below certifies that they do not discriminate in employment with
regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference;
that they are in compliance with all Federal, State and local directives and executive orders
regarding nondiscrimination in employment; and that they agree to demonstrate positively and
aggressively the principle of equal opportunity in employment.
The Bidder agrees specifically:
1.0 To establish or observe employment policies which affirmatively promote
opportunities for minodty persons at all job levels.
2.0 .’To communicate this policy to all persons concerned, including all employees,
outside recruiting services, especially those serving minodty communities, and to
the minodty communities at large.
3.0 To take affirmative action steps to hire minodty employees wiihin the organization.
4.0 To be. knowledgeable of the local, state, and federal laws and regulations
concerning affirmative action policies Snd provide opportunities for employees.
Firm: EMCON DATE:f2 Aucr. 1997
Tiff= ~f t’wfi,-~_r Rinn" ~Barry A Langford Director’,Human Resources............... ~,..In~:-- ~
.
fl /// % -/
Please include any addi~o_ nal inform~6i..g/available regarding equal opportunity employment
programs now in effect within your company.
See ~ttached EEOC statement.
(Please attach additional pages if necessary)
END’OF SECTION
CITY OF PALO ALTO: CERTIFICATION OF NON-DISCRIMINATION = RFP # 98427 SECTION 410 ’,
EM(ON
The employment policy a~d 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, pregn~cy, natio, nal origin, ancesu’y, 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, rec’ruii~nent, h.i_~g,
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 al! 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 decisiohs on employment so as to further the principle of equal employment
opportunity;
Insure that promotion decisions are in accord with the principles of equal employment
opportunity by imposing only valid requirements for promotional opportunities;
Insure that all personnel actions (includin/,; but not limited, to compensation, benefits,
transfers, layoffs, company-sponsored training, ddueation, tuition assistanee,soeial 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 eontae~ Barry Langford.
The continued success of our Affirmative 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 stand behind this principle.
President Date