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,J'"une 21, 1990
THE HONORABLE CIrV COUNCIL
Palo Alto .. California
Source Reduction And Recycling Element of AS$embly Bill 939 -
consultant Agreement
Members of the Council:
This report recOmlrlends that Council approve an agreement with Emcon
AssocIat.es in the. amount of $111,80:0 for con&ulting services tor
the preparation of the Source Reduction and. Recycling Ele.ment
(SRRE) of Assembly Bill 939 wbich has been incorporated into
emergencY' requlation:; by the California Integ-rated Waste Management
Board. Funds have been appropriated in the Refuse FUnd FY 1989-90
operating budget .for the initial work required" and staff has
b\ldqeted $150,,0(1'0-in the 1990-91 Refuse Fund operatinq budget t.o
co~plete the vork.
sac'kground
Legislation which became effective on January 1, 1990 requires all
cities and counties to prepare and submit a 5RRE which proposes
proqrams to reduce or recycle 25 percent of all solid waste
currently landfilled by 1995, and SO percent reducti~n by the year
20<1'0. Work under this agreement consists of the review and compil
ation of existing information, a waste characterization study, and
developing new programs to meet the mandated goals of 25 and 50
percent.. The consultant will prepare the plans and programs
consistent with applicable regulatIons and viII assist the City in
the submittal and approval pr-ocess with the appropriate regulatory
aqencies.
Discussion
AS 939 regulations require each City to prepare 6 adopt and submit
to the County, on or before July l~ 1991 6 a source reduction and
recyclIng element which includes the following components:
o Waste Characterization
o SOUrce Re(j·uetio-r'l.
o Recycling
o COlIlpostin<]
o Special Waste
o Household Hazardous Waste
o Edu~ation and Public Information
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o Oi5posal Facility Capacity
o Fundi"9
o Integ-ration
Tbe priority for reduction is (1) source reduction; (2) recycling
and composting: (3) environmentally safe transformation; and (4)
environmentally safe land disposal (as the last option).
AB 939 allows eities to undertake joint waste characterization
studies. H01rIever. tl"le requlations clearly indicate that each
participatlnq city is responsible tor identifyinq (in its SRRE) the
quantity of solid waste within its jurisdiction~ unless tva cities
can d~monstrate they have the same ~lation. number of
residential qarbaqe accou·nts (single family and multi-family) and
commercial accounts within 10 percent.
staff has been working with the Countyw'ide Technical Advisory
COmmittee (TAC) on solId waste to l~plement the SRRE portion of AB
939. In order to determine the llIost cost-effective method. to
complete the SRRE4' Public Works Department staff has requested
conSUltants to discuss in their proposals the advantages and
disadvantages of the city jointly undertaking the SRRE with two or
lI'Iore cities4' including the potential cost savings and the city
staff time required for admInistratIon and coordinati_o.n .of this
contract ..
Responses from consultants are summarized as follows:
Advantages
o Common study methodology and data analysis
o Consistent regional approach to waste composition study design
o Common data bas~ for waste diversion information
o Framework for future cooperation among cities in meeting SOl id
Waste Management goals
o Strong ~es~age of cooperation among the ~ommunities involved~
Disadvantages
o
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Loss of total control by the City over the project4' and
scheduling and financial conflicts.
Delay in t.he implementation of the SRRE due to the added
complexity of conSidering all the jurisdictions~
Cost Sayings
o Waste Characteri~at!on component
Minillal savings can be expected in performing the 'Wa.ste
generation study with other jurisdictions because (1)
virtually all the waste qenerated within the City is disposed
at the Palo Alto landfill; (2) little waste from outside the
City is disposed a'; the landfill; and (3) the city hauler
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serves only Palo Alto~ The regulations and instruction tro~
the california Integrated Waste Management Board are clear
that the study must seqregate and determine the waste stream
which comes from each city.
o SR.'U:
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Al tt.ougb the SAAE Is city-specific" some savings can be
realized by the city in cooperating jointly in preparing the
SRRi: since the required verbiage and information is
-boilerplate-that may be utilized in preparing more than one
element. savings are proportional to the number of
jurisdIctions that cooperate in SRRE Preparation.
City Staff Time Required for Administration and Coordination
of this Contract
20 to 2S percent of City's Project Manager is required
throughout ti1.e duration of the project (12 to 14 months] ..
More staf£ time is required if more than one staff person is
involved in reviewing the draft components.
Total staff effort required will be the equivalent of one
third to one balf of a full-time perscn year.
Staff has .valuated the advantages and disadvantages of a joint
venture, and recommends that the City of Palo Alto should prepare
its own SRRE. Of major concern with a multi-city appr-oach is the
time required to prepare a joint RFP and qo through the consultant
review and selection process vith other communities. This would
resul t in the completion date of the SRRE extending beyond the
mandatory submittal dates specified in AS 939. Ot.her factors ...
including the variatIon in vaste streams between cities and the
concern that a joint report. could result in the dilution of quality
in the end prod,u-ct. that is specific to Palo Alto, 'Would detract
frOll. the value and applicability of the report for Palo Alto's
needs.
Proposals ~ere receiv~d from seven environmental -consulting firms.
Consultant firms ~ere interviewed by an advisory committee
consisting of staff from the Public Works Department's Operations
Division and the Finance Department ... in accordance with the city's
selection procedure for professional -consultants.
TWo firms met staff requirements, but subsequent negotiations on
the proposed fees 'With one of the proposers vere unsuccessful.
staff felt the other firm's experience, its ab:lity to meet the
criteria established in the proposal, and the tees relative to the
se=vices to be provided were more consistent with estimates on the
proposed fees. The committee selected Emcon Associates based on
the evalo.aticn.
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The project ~as not included in the list of FY 1989-90 consultant
work submitted to the Finance and Public Works Committee in July
1989. The bill was passed in the last legislative session in
December 1989, ar~ became effective January 1, 1990. Attachment A
specifies mandated dates tor completion of the cityls SRRE. Staff
requests that Council ~aive the review of this agreement ~y the
Fina.nce and Public Works committee wbich 'Would allow staff to
complete the work within tbe time frame established by the state.
ReOQmme nd at ions
staff recommends that Council:
1. Approve and authorize the xayor to execute the attached
consultant agreement with Emcon Associates in the amount of
$111,800 for consulting services for the preparation of a
source reducticn and recycling: element fer Palo Alto.
2. Authorize the City Mana~er or his desl;nee to negotiate and
execute amendments for servIces related to or-incidental to
the scope of work or services,. the value of all of which
amendments shall not exceed $16,700.
Respectfully submitted,
'-P?z:~/gr/Z
MICHAEL H. KILLER
Deputy Oirector, PUblic Works Operations
DAVID G. ADAMS
Director of ~~llc Wor~s
~HMLJ<~ ~1:::;
Assistant city Manager
Attachment: Agreement
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County of Santa Clara
Depar1merI 01 PlannIng and Oevelopmenl
Offlce ofToxJcs and SOTid \IIi'as:ce Management:
, ~-~l'
[-~._: . "'.:c CowIe)' Govemmc:m Cenlef. £.asI "'Ina:
70 'VIot:sI Heddlr'tI Sffeel
5an.lo6e..~~51 to
+'(8)2iKt'~21
January 1, 1990
February 23. 1990
March 1, 1990
July, 1990 (estimated)
January 1. 1991
July I, 1991
January I. I~
January J, 1995
January I. 2000
AB 939 Milestone nates
AS 939 l>ecomes law
Emergency ~ulations adop!ed by IWMS
Appointment of counlyWide Source
Reduction and Recycling Task Force
Formal adoption of regulaoons by IWMS
County Source Reduction and Recycling
Element f.or unincorpor'ated areas due·
Cities" Source Reduction and Recycling
E1emenfS due 10 Counly.
Countywide In!egraled Wasle Management
Plan due '10 State··
25% of wasle stream diverted from landfill
50% of was!e s!ream diver!ed [rom landfill
·Due dale may be changed in cleanup legislation 10 correspond to Cities" due
dare.
"'Coru;isfS of an Source Reduction and Recycling Elemen Is, plus.
counlywi<Ie siling element
BoardotSupcl'Vlsors: Susanne 'Wilson. l~ Ldgrcn. :Ron Gonzales. ADd DmOOn. D'arl~ Mc'K.!."l1na
CCNnr)' E..ecvrlve.:58n" 1iI . .Reed
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A G R B B X E • ~
BETWEEN THB CITY 0 r PALO ALTO
AND EXCO)! ASSOCIATES FOR
PROFESSIONAL ENGlNEERIHG CONSCLTAHT SERVICES
THIS AGREEMENT is made and entered into this ___ day of
~ 1990, tly and between the CITY OF PALO ALTO., a
m~un~i~c~i~p~.~l'-~corpor~tion of California, hereinafter referred to as
·CIT'! .. • and EMCON ASSOCIATES (Taxpayer Identification No.. 94-
1738964), a California corporation, with offices at 1921 Ringwooa
Avenue, San Jose, CA 95131, hereinafter referred to as
·CONSULTANt-:
• IT. I 8 SIT H:
WHEREAS, CITV desires certain professional services
bereinafter described; and
WHEREAS, CIT~ desires to engage CONSULTANT to provide
these services by reason of its qualifications and experience for
performing such servIces, and CONSUL'tANT has offered to provide the
required services on the terms and in the manner set forth herein;
NOW, THERE~RE. in consideration of their mutual
covenants. the parties hereto agree as follows:
SECTION 1 -DEFINITIONS
The term ·City· as used in this Agreement shall mean and
include all the territory lying within the municipal boundaries of
the City of Palo Alto, California, as presently existing# plus all
territory which may be added thereto dl.lr-ing the term of this
Agreement by anne~ation or otherwise.
1.2 CITY MANAGER
Tbe term ·City Manager-shall mean the duly appointed
city Manager of the City of Palo Alto, California, or his
designated representative.
1.3 CITY ATTORNEY
The term ·City Attorney· sball mean the duly appointed
City Attorney of the city of Palo Alto, California", or his
designated repreoentative.
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L" CITY CLERK
The term ·City Clerk-shall ~ean the duly appointed city
clerk of the city of Palo Alto" californla~ or her designated
representative.
1.5 RISK MANAGER
The term -Risk Manager-shall mean the duly appointed
Risk Manager of the city of Palo Alto, Cal ifornia, or his
designated represent.ative ..
1. 6 P1!QJECT
The term ·Project-means the project described in Exhibit
-A-entitled ·Scope of Project-, vhich is attached hereto and made
a part hereof by this reference.
SECTION 2 -PROJECt COORDINATION
2.1 s:Ill
The city Manager shall be representative of CIT~ for all
purposes under this Agreement. Robert Le is designated as the
PROJECT MANAGER fer the City Manager 6 and be shall supervIse the
progress and execution of this Agreement, and sball be assisted by
Janet Foreman. PROJECT ENGI~~ER.
2 • 2 CONSULTANT
CONSULTANT shall assign a single PROJECT DIRECTOR to have
overall responsibility for the pr-oqress and execution of this
Aqreement for CONSULTANT. JOhn Glaub hereby Is designated as the
PROJECT OIRECTOR for CONSULTANT. Gail Karpinski shall be assi9ned
as PROJECT COORDINATOR for CONSULTANT and shall represent CONSUL
TANT during the day-to-day work on the Project. Should circum
stances or conditions subsequent to tbe executicm of this Agreement
require a substitute PROJECT DIRECTOR or PROJECT COORDINATOR for
any reason the PROJ'ECT OIRECTCH~. or PROJECT COORDINATOR designee
shall be subject to the prior written approval of t-he PROJECT
ENGINEER.
SECTION 1 -SCOP-E OF PROJECT
The scope of the Project to be executed by CONSULTANT
under the phases of the Basic services describe~ in Section 4.1 of
this Agreement [s as described in Exhibit -A-.
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SECTION .. -puTlts OF CONSUl TNfl
4.1 BASIC SARVICES
Unless otherwise indic~ted, CONSULTANT shall perform each
task and accozpli.sh each objective described in Exhibit -A-..
CONSULTANT's Basic Services shall be fUrnished as described in
Exhibit -A-..
4.2 ADDITIONAL SERVICES
CONSULTANT shall perform or obtain any and all of the
following additional services, not included under Basic service5,
if so authorized In writing by CITY, and shall be paid as provided
in Section 6 of this Aqreement:
4 .. 2 .. 1 Providing services as an expert 'Witness in
co:mection with any public hearing, arbitration proceedinq .. or
proceeding; of a court. of record ..
4.2.2
CONSULTANT and his
serv-ices.
Incurring travel and subsistence expenses for
staff beyond those normally required under Basic
C.2.) Providing services relatecJ to CIT¥ts compliance
with the California Environmen~al Quality Act in connection with
the Project or CONSOLTANT's provision of services under this
agreelnent~
4.2.4
agreed upon by
Agreement.
Performinq any other services that may be
the parties subsequent to the execution of this
C .3 cENERAL QQTIES OF CONSULTANT
C.3.1 CONSULTANT represents that it is qualified to
furnish the services described under this Agreement. CONSULTANT
further declares ~hat one o~ more members or employees of his firm
and that of its sUboonsultants~ if any, are licensed by the State
of ~alifornia to perform their $ervices and that these services
will be performed by tbem or under their supervision~ CONSULTANT
shall furnish to CITY for approval,. prior to execution of this
Agreement,. a list of all firms or corporations to be employed as
subconsul tants.
C. 3.2 CONSULTANT states that it is at,olare of the
requirements. of the Government Code and t.he Health and safety Code
of the State of California relating to access to public buildings
and accOlllmOdations for physica.lly handicappetJ persons, and relatinq
to fa.cilities tor handic5pped persons.. CONSULTANT shall comply
with such provisions in carrying out the terms of this A9ree~ent.
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4.3.3 CONSULTANT shall furnish CITY ~ith every
reascnable opportunity Cor CITY to ascertain that the services of
CONSULTANT are being ~rforme~ in accordance with the requirements
and intentions of this Agreement.
SECTION 5 -DL~lES or CITY
541 CIT¥ shall provide full information regarding its
requirements for the Project.
5.2 CITY shall examine documents submitted by CONSULTANT and
shall render decisions pertaining thereto promptly. to avoid
unreasonable delay in the progress of CONSULTANT's work.
5.3 CITY shall furnish all such infor.mation as is in CITY's
files or are at its disposal, as list.ed in Table.s 1 and 2 ot
Exhibit -Air ..
5.4 The services, information, surveys and reports required
by paragraphs 5.1 and 5.3 shall be furnished at CITY's expense, and
CONSULTANT shall be entitled to rely upon the accuracy thereof.
S.S If CITY observes or otherwise becomes aware of any fault
or defect in the Project or nonconformance with the contract
documents. CITY shall qlve prompt written notice thereof to
CONSULTANT.
S.6 CITY shall furnish informat1on required by CONSULTANT as
expeditiously as possible.
SEctION 6 -PAYXEFI
P&YlfIent shall be made by CITY to CONSULTANT only for
services rendered and 'Within thirty (30) days of SUbmission in
triplicate of monthly progress payment requests. Eacb invoice
shall be itemized as to the type of payment described in this
section.
6.1 CONSULTANT'S FEES
In consideration for the full performance of the Basic
Services described in section 4.1 of this Aqreement and Rei~burs
able Expenses set forth in Exhibit B. -Sc.hed,ule of Char-ges· ~ whicb
is attached hereto and made a part hereof by this reference, CITY
agrees to pay CONSULTANT a fee not to exceed Ninety-one Thousand
Eight Hundred Donars ($91,80'0).
The amount of CONSULTANT's compensation shall be
calculated as set forth in Exhibit -8-, attached hereto, on a time
and materials basis~ up to the maximum amount set forth in this
paraqraph 6.1.
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6.1.1 Subconsyltants. Fees fot" 5ubconsultants .. hired
directly by CONSULTANT. shall be approved by CIT¥ in advance of
incurring such fees.
6.1.2 [or Additional Sil!'rvices~ For CONSULTANT's
Additional Services J as described in section • of this Agreement ..
compensati~n shall not exceed Twenty Thousand Dollars ($20 4 000).
Employee's time shall be computed as ~efined in this section and
Exbibit -8-..
6.1.3 For Extra Work or Changes. Payment for extra
York or changes in the work not initiated by the CONSULTANT and
authorized in writing by th~ PROJECT ENGINEER shall be made within
thirty PO) days of submission by CONSULTANT of a statement in
triplicate of itemizeci costs covering sucb work.. Prior to
commencing such extra work or chanqe-s .. CONSULTANT and CITY shall
agree upon an estimat.ed not.-to-exceed cost for such extra 'Work. In
no event shall CONSULTANT be paid for .... ork or change order
preparation which is necessary because of CONSULTANT's errors or
-oversights.
6.1.( C~lculation of Direct Personnel Expense.
Direct personnel expense of employees engaged on the Project by
CONSULTANT includes the work of architects, engineers, designers,
job captains, draftspersons. specificat.ion writers and typists, in
consultation, research and design, in producing drawings. specifi
cations and other documents pertaining to the project, and in
services during construetion at the site. Included in the cost of
direct pe.rsonnel expense of these emplO)"€es are salaries and
~ndatory and customary benefits such as statutory employee
benefits. insurance .. sick leave, holidays and vacations .. pensions
and similar benefits.
6~2 PAYMENT SCHEDULE
6.2.1
Services shall be
services performed
For Basic Services~ Payments for Basic
:made in progress pa,ylnents in proportion to
in accordance with Exhibit -B-.
Final payment shall be made by CIT~ after CONSULTA.~T has
submitted all required reports and received approval thereon.
6.2.2 For Additio-nal Services. Pa:}'1nents for
Additional Services of CONSULTANT as defined in Sectio-n 4 snaIl be
made as part of the monthly progress payments for services
rendered.
6.2.3 Deductions.
CONSULTANT's compens~tion on
damages. or other sums withheld
No deductions shall be made trom
account of penalty. liquidated
from payments to contractors.
S~2.4. PaYEent Upon Suspension or Abandonment of
Proiect~ If the Project is suspended for more than three (3)
months or abandoned in ~hole or in part .. CONSULTANT shall be paid
its compensation for services performed prior to receipt of wrritten
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notice from CITY of such suspension or abandonm~nt, together with
a.dditional and reimbursable expenses then d·ue.. It the project is
resumeci after being suspeooed for more than one hundred eighty
(laO) days" any cha!1ge in CONSULTANT's compensation shall be
subject to reneqotiation and, if necessary_ approval by the Palo
Alto City Cou·ncil. If this Agreement is suspenderJ 0'[' ternlinated
for fault of CONSULTANT, CITY' shall be obligated to compensate
CONSULTANT only for that port.ion of CONSULTANT's services which are
of benetit to CITY.
SECTION 7 -PROGRESS AND COMPLETION
7.1 TIME IS OF THE ESSE»CE
It is understood and agreed that time is of the essence
of this Agreement.... and that.. following receipt of Notice to
Proceed, CONSULTAN'l' shall cOllUnence work on initial tasks in
accordance with the time schedule in Exbibit -A-", work on
subsequent tasks shall proceed in accordance ~ith said time
scbed·ule.
7 a 2 TIME OF COMPLETION OF EACH TASK
CONSULTANT agrees to perform the services within the time
liDit set forth in Exhibit -A-p~ovided, however, that any change
in the scope of services or other changes due to CITY's operating
requirements" or in connection with other contractors or consul
tants operations, may require a revised time table~
CITY aqrees to exer-cise d,ue diliqence in performing its
tasks to implement the CONSULTANT's time tablea
7.3 CITY'S REVIEW AND APPROVAL
There are review and approval periods ~Y CIT¥ of
CONSULTANT I s work under this Agreement, as provided ~n Exhibit
-A-. CITY will exercise .g,ue diligence to co::nplete these reviews;
however" it is recognized that the interrelated exchange of
information among CITY's various depart.lnents ma'kes it impossible to
set a specIfic time schedule. Normally .. the CITY's estilZlated
period of review and approval will be furnisbed to CONSULT~~r at
the time of submission of each 4oc~~ent or item for review.
7.4 EXTENSION OF TIME OF coMPLETION
In the event the services called for under this Agreement
are not completed by CONSULTANT 'Within the time. specified.. CITY
shall have the option to extend the time of completion. This para
qraph does not preclude the recovery of damages tor-delay of either
party.
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SECTION 8 -CHANGES IN WORK
CITY may order major changes in scope or ch~racter of
~ork! either decreasing or increasing the amount of CONSULTANT's
serv~ces. In the event that such cbanges are ordered l CONSULTANT
shall be entitled to full compensation fer all work performed prior
to receip~ of notice of change. Increased compensation tor major
changes shall be determined in accordance with Section 6 of the
Agreement, but in no event shall CITY be liable for payment unless
the amount of such extra compensation shall first have been agreed
to in writing by CITY.
In the event that major changes are ordered pursuant to
this section, tha scheoule for progress and completion in section
7 of this Agreement and compensation shall be adjusted by negotia
tion between CONSULTANT and CITY, subject to approval, if necessary
by ,~e Palo Alto City council.
SECTION 9 -TERMINATION OR SUSPENSION OF AGREEMENT
9.1 CANCE!J~TIQN BY CONSUtaAMT
CONSULTANT may te.rminate this Agreement or suspend ."ork
on the Project upon thirty (30) days' written notIce to CITY, but
only in the event of substantial failure of performance by CITY or
in the event CITY abandons or indefinitely postpones the project.
9.2 CANCELlATION BY CITY
Without limitation to such rights or remedies as CITY
shall otherwise have by law" CITY shall have the right to terminate
this Agreement or suspend work on the Project for any reason, upon
fifteen {lS) days' written notice to CONSULTANT. or immediately
after submission to CITY by CONSULT~~ cf any completed item of
service specified in section " of this Agreement. CONSULTANT
agrees to cease all work under this Agreement upon receipt of said
wr i tten notice.
9.3 COMPENSATION OF CQNSQITANT IN THE
EVENT OF TERMINATION OF THIS AGREEMENT
In the event of termination of this
suspension o~ 'Wo,rk on the Project bY' either CITY
CONSULTANT shall receive compensation as follows:
Ag reeme n tor
or CONSULTANT~
9.3~1 For approved items of service under Section.
of this Asreement, compensation shall be in the amount outlined
under section 6 of this Aqreement for the items of service fully
performe~ by CONSULTANT.
9. J. 2 For items of service on 'Which a notice to
proceed has been issued by CITY, but 'Which bave not been fully
completed and approved" CONSULTANT shali be compensated for said
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service in an amount vbicb bears the same ratio to the total fee
o-therw'ise payable for the. performance of said service as the
service actually rendered bears to the total service necessary for
the full performance of said item of serVice.
9.3.3 rn no event shall the total compensation paid
in the immediately preceding paragraphs exceed the payment
specified in Section 6 tor the respective items of service to be
fUrnished by CONSULTANT.
9.3 .. 4 Notwithstanding anything in the preceding para-
9rapbs, upon termination for fault of CONSULTANT, CITY shall be
Obliqate~ to pay for only that portion of the service ~hich can be.
incorporated in the Project.
9.4 pyTIES OF CITY Po CONSULTj\."lT.
upon termination of this Agreement or suspension of work
on the Project by either CIT'i or CONSULTANT ... all d,uties at CITY and
CONSULTANT, as set forth in Sections , and 5 bereinabove. shall
terminate.
SEC'lION 10 -CONSULTANT I S ACCOUNTING RECQRDS
Records of the follow-ing expenses pertaining to the
Proje--::t shall be kept by CONSULTANT on a generally recognized
accounting basis aoo shall be available to CITY 2'.t mutually
convenient ti~es:
10.1 Oirect. personnel expenses, including consultant expenses ..
(See section 6 of this Agreement.)
10.2 Expenses pertaining to Additional Services .. (See Section
6 of this Agreement.)
SECTION 11 -oWNERSHI P OF DOCfJMENTS
11.1 Subject to the provisions of Paragraph 11 .. 2 below, the
original dravings ... maps, plans, designs. records of survey, work
data, specificat.ions, studies, reports and other documents prepared
by CONSULTANT in t.he perfonnance of this Agreement. although
instruments of professional service, are and shall ~e the property
of CITY ~hether the project for wbich they are made is executed or
not.
11 .. 2 Upon termination under section 9 of this Agreement and
upon CI~'s payment of the amount required to be paid under same
section, the originals and all drawings, calculations. specifica
tions, studies~ reports and similar documents become the property
of CIT~, and CONSULTANT shall transfer them to CITY upon request
without aciditional compensat.ion. CITY shall have the right to
utilize Any completed or uncompleted drawings, estimates, specifi
cations. studies, reports and other documents prepared hereunder by
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CONSULTANT; however. CIT~ shall indemnify CONSULTANT against any
loss which may be caused to CONSULTANT by such use and reuse ..
SECTION 12 -INTEREST OF coNSULTANT; CONSULTANT
INDEPENDENT OF CITY
In acceptIng this Agreement. CONSULTANT covenants that it
presently has no interest" and sball not acquire any interest ...
direct or in4irect., financial or otherwise., w'hlch would conflict in
any manner or degree with the performance of the services here
under. CONSULTANT further covenants tbat, in the performance of
this Agreement. no subcontractor or persQn having such an interest
shall be employed. CONSULTANT certifies that no one who has or
will have any financial interest under this Agreement is an officer
or employee ot CITY ..
It is expressly agreed that in the performance of the
professional services required under this Agreement CONSULTANT ... and
any of its subconsultants or employees., Ghall at all times be con
sidered independent COrltractors and not agents or employees of
CITY.
SEMION 13 -OUTSIDE CONSULTANTS
CONSULTANT shall be responsible fo-r employing all outside
conSUltants {subconsultants} necessary to aid CONSULTANT in the
performance of the services listed in section 4 of this Agreement:
provided., bowever" that alI such subconsultants sball receive prior
approval of CITY in writing and shall remain acceptable to CIT'!
during tbe t.erm of this Agreement~
SECTION 14 -INDEMNITY
CONSULTANT agrees to indemnify, defend and bold harmless
CITY, its officers" agents and employees 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'r subconsultants ' or
employees' negligent acts, errors" or omissions" or willful
misconduct. or conduct for which the law imposes strict liability
on CONSOLTANT in the performance or failur-e to perform this
Aqreement.
SECTION IS -INSURANCE
15~1 CONSULTANT, at its sole cost and expense., shall
obtain and maintain., in full force and effect throughout the entire
term of this Agreement.,. the insurance coverage describe~ in Exhibit
·C·. which is att.ached hereto and Ilade a part hereof by this
reference, insuring not only cor:SULTAN'J' and its subconsultants'" if
any. but also., with the exception of -..rorkers' compensation and
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employer's liability insurance .. CITY" its officers .. agents "nd
employees... and each ot the!l .. vith respect t.o activities and
services performed by CONSULTANT for or on behalf of CI~~ under the
previsions of this Agreement.
15.2 certificates of su~h insurance .. preferably on
the forms provided by CITY .. shall be filed with CITY concurrently
with the execution of this Agreement or,. with CITY's approval ...
within ten (IO) working days thereafter~ Said certificates shall
be subject. to the approval of the CITY Risk Manager and sball
contain an endorsement stating that said Insurance is primary
coverage and will not be canceled or altered by the insurer except
after filing witb the City Clerk thirty (30) daysl 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
professional liability insurance). CUrrent certificates of such
insurance shall be kept on file at all times during the term of
this Agreement with the City Clerk.
SECTION 16 -WORKERS' COMPENSATION
CONSULTANT, by executing this Agreement, 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 pro'...-isions of that Code, and certifies that
it will comply with such provisions before commencing the perform
ance of the work of this Agreement.
SECTION 17 -AGREEMENT BINDING
The terms, covenants, and conditions of this Agreement
shall apply to, and shall bind, the ~eirs, successors, executors,
administrators, assigns l and subcontractors of both parties.
SECTION 18 -NONA$SIGNABILITX
18.1 PERSONAL SERVICES or CONSULTANT
Both parties hereto recognize that this Agreement is for
the personal services of CONSULTANT ana cannot be trar.sferred,
aSSigned or subcontracted by CONSULTANT without the prior vritten
consent of CIT~.
18.2 SERVICES or SUBCQNSULTANT AND THEIR EMPLOYEES
CONSULTANT shall be responsible for employinq or engaging
all persons necessary to perform the services of CONSULTANT here
under. No subconsultant of CONSULTANT will be recoqnized by CITY
as such: rather. all subconsultants are deeme~ to be employees of
CONSULTANT, and it agrees to be res~sible for their performance.
CONSULTANT shall give its perso~al attention to the fulfillment of
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the provisions of this Aqreement by all of its employees and sub
cOl'lsultants .. if any. and shall keep the work under its control. If
any em.ployee or s\1bconsulta::"lt of CON'SULTANT fails or refuses to
carry out the provisions of this Agreement or appears to be
incompetent or to act in a disorderly or improper manner, be or she
shall be discharqe~ immediately from the work under this Agreement
on demand at CITY~
SECTIO~ 19 -RELIANCE UpoN' PROFESSIONAL SXIL~
CONSULTANT
It is mutually understood and agreed by and between the
parties hereto that CONSULTANT is skilled in the professional
calling necessary to perform the work agreed to be done hereunder
and that CITY relies. upon the skill of CONSULTANT to do and perform
the work in the most skillful manner, and CONSULTANT agrees to thus
perform the work. The acceptance of CONSULTANTt s work by CIT1" does
not operate as a release of CONSULTANT from said Obligation.
SEC1'ION 20 -WAIVERS
The yaiver by either party of any breach or violation of
any term.. covenant.. or condition of this Agreement or of any
provision .. ordinance, o,r law shall oo,t be deemed to be a waiver of
any other term .. covenant, condition .. ordinance.. or law or of any
subsequent breacb or violation of the same or of any other term ..
covenant, condition~ ordinance .. or law. The subsequ~nt acceptance
by either party of any fee or other money 'Which may become <l·ue
hereunder by the other party sball no·t be deemed to be a waiver of
any preceding breach or violation of any ter:m~ covenant, or
condition of this Aqreement or of any applicable law or ordinance.
SECTION 21 -NO IMPLIED lQ.TVER
No payment, partial payment.. acceptance.. or partial
acceptance by CITY shall operate as a 'Waiver on the part of CITY of
any of its rights under this Agr~ament.
SECTION 22 -COSTS AND ATTORNEYS· fEES
The prevailing party in any actIon brought to enforce the
terms of this Agreement or arisil'l9 out of this Agreement Inay
recover its reas~nable costs and attorney fees expended in
connection vith such an action from the other party.
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SECTION' 21 -NONPISCRIKltt!ATIQNi pENALTy
23.1 OUTY"OF CONSULTANT
No discrimination shall be ma(!e in the emploYJl'lent of
persons under this Agreement because of the race. color. ~ational
ori9in~ ancestry. religion or sex of such person. If the value ot
this Agreement 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 emploYDJent and to
complete and .. submit the ·Compliance Report--Nondiscrimination
Provisions of City of Palo Alto Contracts· Oft the form furnished by
CITY as Exhibit -D.· 'Which is attacbed hereto ,e.nd-made is. part
hereof by this reference.
CONSULTANT Agrees that eacb Agreement for services from
independent providers shall contain a provision substantially as
folloW's:
·~VIDER shall provide CONSOLTANT with a
certifica.te stati"9 that he (or she) is currently in
compliance with all Federal and state of California. laws
covering nondiscrimination in employment; that he (or
she) will pursue an affiTlllative course of action 155
require4 by the Affirmative Actio-n Guidelines of the City
of Palo Alto; and th.at be Cor she) will not discriminate
in the employment of any person under this contract
because of race. color. l'lational origin. ancestry, sex or
religion of such person.-
23.2 PENALTY FOR OISCRIMINATION
If CONSULTANT is found in violation of the nondiscrimina
tion provIsIons of the State of california Fair Employment
Practices Act or siailar pLovisions of federal law or executive
order in the performance of this Agreement~ it shall thereby be
found in material breach of this Agreement. Thereupon, CITY sball
have the power to cancel 0= suspend this Agreement, in whole or in
part, or to -deduct from the amount payable to CONSULT~T the sum of
Twenty-Five Dollars ($25) for each person for each calendar day
curing whiCh sucb person yas discriminated against, as damages for
said breach of contract, or both. Only a finding of the State of
California Fair Employment Practices commission or the equivalent
federal agency or officer shall constitute evidence of a violation
of contract under this. section ~
If CONSULTANT is found in violation of the nondis
crimination provIsIons of this Agreement or-the applicable
affirmative action guidelines pertaininq to this Aqreement~
CONSULTANT shall be found in ~aterial breach of this Agreement.
Thereupon, CITY shall have the power to cancel or suspend this
Agreement, in 'Whole or in part, or to deduct from the amount
payable to CONSULTANT the sum of Two Hundred Fifty Dollars ($25·0)
fOI each calendar -day d,uring which CONSULTAN'l' is found to ha .... e been
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in such noncompliance as damages for said braach of contract. or
both.
S~CTIQN 24 -ARBITRATION
Cpon agreement of the parties any controversy or claim
arising out of or ~elatinq to this Agreement may be settled by
arbitration in accordance vith the Rules of the American Arbitra
tion Association. and judgment upon the award. rendered by the
Arbitrators may be entered in any court havinq jurisdiction
thereof.
SECTION 25 -NOTICES
All notices bereunder shall be given in writing ana
mailed .. postage prepaid ... by certified mail, addressed as f011016."s:
To CITY, Office of the City Clerk
2~O HaDilton Avenue
Palo Alto .. CA 94303
To CONSULTANT: Attention of the PROJECT DIRECTOR
at the address of CONSULTANT recited
above
SECTION 26 -ALL coyF:NANTS ARE CONDITIONS
All provisions of this Agreement are expressly made
conditions.
S&cTION 21 AGREEMENT CONTAINS ALL UNDERSTANDINGS;
AMENDMENT
This document represents the entire and inteqrated
agreement between CITY aD<S CONSULTANT and supersedes all prior
negotiations" representations". and aqreements, either writt,en or
oral.
This document may be amended only by written instrument"
sig:ned by both CITY and CONSULTANT ..
SECTION 28 -GOVERNING LAW
This Aqr-eement shall be governed by the laws of the State
of California.
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IN WITNESS WHEREOF ... the parties hereto bave ell[ec .... tecS, this
Agreement the day and year first above written.
ATTEST: CITY OF PAW ALTO
Cit)' Clerk Mayor
APPROVED AS TO FORM:
Assistant City Attorney
EHCON ASSOCIATES
By:~d~/
It.: Wll.lfAM. C. , AR 15. JR.
U Q PRESJb£Nf
APPROVED:
Assistant City Manager
Risk Manager
APPROVE() AS TO CONTE:IIT:
Pl.lb 1 ic Works Depa rtment
Attachments:
EXH1BXT -A,
EXHIBIT ·B
EXHIBIT ·C·
EXHIBIT -0-
SCOPE OF PROJECT i SCHEOOLE
SCHEDl'LE OF CHARGES
I NSORAIICE
NONDISCRIMINATION COMPLIANCE REPORT
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EXHIBIT A --SCOPE or PROJECT AND SCHEDOLE
PALO ALTO 80L:ID VASTB GEIlERATIOll STt1DY
SOIJlI::E JlEDOCTIOIi AND JlECYCLIlI(; ELEKEII'r
The. "Work ot this project shall consIst of prepa.ring and conducting
Palo Alto Solid Waste Generation study and Sour-ce Reduction and
Recycling' Elements.. Under this aqreelnent ... the ccnsultant shall
perform the followIng:
2.
Co..""'l5ultant shall pre.pare and cond·uct a full one.-year
solid waste generatl~ study (SWGS) and shall prepare a
report detailinq the findings ot the SWGS as detailec5 in
&..'>c5 1n confonoance witll Title 14, California Code of
Regulations (OCR), Chapter 29, Articte 6.1 (latest
versIon).
Consul tanto shall a1 so prepare
Racyclinq Element (SRRE) as
conformance with Title 14, COl'
(latest version).
a Source Rec1uctior..
detailed. in and
Chapter 29, Article
anc5
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6.2
Tasks required to complete the 'Work of this proj eet
Include. but are not limited to. the following:
Task 1. Consultant shall compile. review and evaluate all
infonnation ... data. and re.ports as listed; in Table
I... whICh is attaChed to thIs Exhibit A and
incorporated herein by this reference.
Task 2 ..
Task 3.
Task t.
Task 5.
Task 6.
Consultant shall compile, review and evaluate all
existinq recyelinq programs as listed in Table II.
which Is attached to this Exhibit A and incorporated
herein by this reference.
Consul tant shall prepare and conduct a full one-year
(2 seasons) SWGS and report detailinq the 5~'GS
flndings l as described above in paragraph number 1.
The report shall be included in tile SRRE.
Consul tant shall prepare a source reduction
component for the SRRE.. -
Consultant shall prepare a recycling component for
the SRRE.
Consultant shall prepare a compostinq eomponent for
the SRRE.
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EXHIBIT Z.
Task 7.
Task 8.
Task 9.
Con5ultan~ sball prepare a special waste component
for tllc SRRE.
Consultant shall prepare a household hazardous
component tor the Siaa.
Consultant shall prepare an education and puhlic
informatIon component for the SRRE.
Task 10. Consultant shall prepare a 41sposal facility
capacity component for the SRRE.
'task 11. Consultant shall prepare a funding: component for the
SRRE.
rask 12. Consultant shall prepare an integration component
for the SlUU;.
Task 13. Cc>nsu1tant shall attend eight (S) meetings (City
staft ... regulatory agencies, local tas:k; force, public
hearings, informative meetings, etc~l, as directed
_ by city Quring the te.rm of this agreement.
Task le;. Consul'tant shall" prepare and subDit the requirec5
reports for review and approval as follows:
When the. SWGS report. ancS tbe SUE are 60 percent
complete, consultant shall submit 25 copIes each to
the City for review and comment. Consultant shall
submit the SWGS report and the SRRE at 60 percent
completion by November 30, 1990. Consultant shall
revise both documents as dIrected by City.
Wh~n the SWGS raport and the SRR£ are 90 p~rcent
complete., as revised, consultant. shall submit 25
copies each to the city for re.view and comment.
Consultant shall submit the SWCS repo-rt and the SRRE
at 90 percent eompleticn by February 28, 1991.
consultant sball revise both documents as directed
by city.
When the. SWGS report and the SRRE are 10'0 percent
complete, as -revised, consultant shall submit 500
copies each to the City for final approval.
Consultant shall submit the SWGS report and the SRJU:
at 100 percent completion by May lS. 1991.
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EXIIU1!1' A
Time Sc:h,dule
'l'l'le preparation of the SWGS report And the SAAE
ShAll be oonsidued complete and acceptable only
upon approval by the Local Task ForcQI the Santa
Clara County, and the City of Palo Alto.
The seepe of Work under this agreement shall be completed within
.130 calendar days :from the day o:f notice to proceed an<S in
acc:orCl .. ""e with the dates llsted above and schedu.le listed in rable
Ill, Which Is attached to this Exhibit A and incorporated hereIn
by thIs rererenca.
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TA3LE 1
LIST OF EXISTING DATA AND REPORTS
L 1984-1989 Palo Al to M~terii!.ls Rec-overy Program Summary Report
2. 19S~ Wa~te Qu~ntity and c~positron ~~alysis for the Cities
of P~lo Al~o~ ~ountain View and Sunnyvale. California.
3. Report. on tile city of palo Alto COl!lpclstll'lq PrOS'r~:;n
... 1989 Craft Solid Waste Man~sem.nt. Plan for Si!.nta Clara CO'.Jr.ty
5. 1959 Oefinition of Recycling' and Methods of M'eas'I.:.:!'ing
Recyclinq in Santa Clara County
6. 1984. Project Feasibility Main Report North Santa Clara
county SOlid Waste M~na9ement AuthQrity
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UST OF !:XISTING R;;C~CLING i'ROGRJ.':!S
Voluntary. i/.eslder.t.i.al eu"-bdde :Recvcling
The .follC)winq ma:terials Jr,ay be placed at the cur;' fer ltVee:kly
recycling: pickup: r.e",·spape!'"" .e.lumint;3 a:ld tin cans I C;li!.sS o!.'~I!
plo!.stic soda ~ttles6 corrugated c.ardboard ... used l!'.o~or oil.
and small scrap ~e~al itens.
Proo-Off Center
e) Recyclinq:
In ecditio-n to ]!I.a~erials left at the cur~ ... the felIe:,,,,-':;::;
items are accepted at:. tbe drop-ef: center: Vebicle
batteriz5 1 large scrap ~eti!.l. appliances (fro~ res:ice~ts
only. tor a fee). ~hite and computer paper.
!l) Landfill:
The landfill acceilts used tire.s and ]I;~ttresses :fo:
recycling.
Com~5tinG P;ooxam
yard debris irom both resident.s a:l~ non-residents is accet::t.eo::.
at the land!ill for composti~. Beginninq in Spri~g l~;Dt
yard dtebris vill be collec':.ed C'..l:!"l:s!de on a 'i • .'ee'kly b.e.sis ..
~~ite PaDer Progra~
The City-run prograoa. .,-as st~rtec in 1=03 2.:"1d has ~C05
bcsinesses participating ..
!'be. City
raCY~ling
Prograa
has placed 2' bins e2s1g~a~e~
at busi~esses t~roughout the City.
Ei. cOl'l\..~erc:ial/lndustrial Cons:.:.ltar::t
city staff is aVe.ila!:lle. to meet .. ·.it.11 b\..:.sir.esses to do cursory
w.e.ste audits and evalua't.icr..s as to b.o'W' recycling ca::".L :=:e
ir:plemel'1ted ..
1.. BUsiness ~ecvcline
In 19B6. City sto!.!f targe':.eo. the 30 la::-gest. .as":e ge:::lera"to=s
in Palo Alto. Since tr.at tim.e. sta!"! has me't e.:1.l1-:.:ally .;::-:':'1
representatives ·ot tbese companies to E:tcou::-age -:':j<;!'
ixple~entation of recycling progra~s ..
B.. Restau~ant/Bar Class Pr~~~
Currently 28 businesses participate in this ;1i!5S recycling
progra~ run by a p~iva~e reC)·cle~.
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DgWntown Environment!l Actipn Project
A project initiated arrcS run by a dovnto .... -n pr-.:.pe.r~y O-... -;lsr ar.:i
developer. The plan 15 to incorporate r-ecycl ing in tee
university Avenue area of Palo Alto. The iljea ir:. ..... olYes
placing all businesses into precincts .... ith each precinct
dete:na.inin9 recyclinq e.re.as. Fledge cards would act as
businesses" 5 ce-:m:mi t.l%lent to the program. The g'oal is to ha·.~e
so percent of the bwsinesses recycling by July 19$0.
Hoose'!J.old
The City
Hazardous
is curre.ntly cO:lduc·t.inq e periodic
Waste ?rcqran (4 events a year).
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SCliEDULE OF CHARGES
PERSONNEL CHARGES
Executive Manager •••.••.••.•.•.•••.••.••.••.•.••••.•• $85 • 12 Sihr.
TecMicai Staff ••••••••••••.•.•••••••••.••.••••••••.•• $54· 86/1v.
TacIv1ica1 AsslSlant •••••••••••••••••••••••••••••••••••• $32· 601hr.
NOOlecMical ••.•••.••••••••••••••••••••••.•.•••••••• $J2. 601hr.
OraftfngICAO •••••••••.•••••••••••••••••••••.•••••••• $40· 671tY.
Word pr0C8SSi~ [ll1CIuding equfpmBnl) • • • • • • • • • • • • • • • • • • • • • • • . •• S461hr.
AeproduclioniPMling • • • • • . • • • • • • • • • • • • . • • • • • • • • • • . • • •• $32· 4Sihr.
Travel TlIl1e· !n accordan .... e ... ith Ihe above schedule. up 10 maxImum 8 hou<s per day.
REIMBURSABLE EXPENSES
Xerc x AB~on. per sllee! • • • • • . • • • • • • • • • . • • • • • • • • • • • • • • • • SO.14
Auto or Pickup TrucI<, per mfle ••••• • • • • • • . • • • • . • • • • . • • . • • • • • •• SO"38
Charges lor special outside services, equipment and Iacmties no( Iumlshed directlv by
EMCON Associates wlll be bined at cost plus 15 percent SClCll charge~
shall include only lJ1e Jonowfng services:
Printing and pholograpllic reproduction
AenlBd vehicles
Transportation on pobfoc carriers
SubconsuI1ants
Special fees, permits, ins.xanca. etc.
Hented field equipment
Shipping cI1arges
Meals ar.cllOdgfng
~he total charges under t~is agreement shall not exceed ninety one
thousand eight hundred dollars ($91,800).
Additional services under ~his agreement shall not exceed twenty
thousand dollars ($20,000).
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EXHI6>T 'C'
CEATtFlCATES OF ~
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ntiS aRTIF,CAT1! II SSUED ........ rTtli OF IHFOIitMA'ION 0H1.1 "'''0 c:o-.rEtlS
NO ,UCH11 \,lPOfII; 110fl CtllTlnCAn ..oLOU. THIS C[IITInCATf OOU "OT ..... [IC).
txTVd) CI'II ,ru. I'M( CO\fV',.AQI AnOIt«D.r ~!I>OLICCS Ino •.
COMPANIES AfFORDING COVERAGE
'u .. e'l.ander International Insurance
Serv1ces Ltd!. ~""",;~;I~l~tLOQ~ ____________________________ JI,~~~I::HemtsPhere ~rtne • cener~l Assurance Ltd.
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P.mcon Assoclaus at Al
1921 :Rlnqvoc:w:S: ,.Yern~e
San JQSe. Call[OCRia ,5131
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HMG 10521S8
lS respect:s work performed by the
of Palo Alto
Manager
P. o. Box 10250
Palo Alto, CA '430)
-
4/16/90
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CERTIFlCAT{V>F INSURANCE
lzaft_ ..... ~ '.0. _"
Cort. -.. •• Col Mtu
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CIt)' of .al. Alto U8I: ____
t.O. _ 10250
.oM Alto. C& "303
on.IUSI". l/16/to '/I6/U
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S~ ANt Of' THE AIOvt; DESCAIKD I"QI.ClES lIE t.r.HCaJ...ED Hl'0ftE T"I:
D.PIR.lTlCN DATE nu;RfOF~ THf IISSIJING COMPAH1' WTU. ENOEA~ "0
IIWL ~ DAYS ~T'TE" 'IIIIOna: JC tHE OElUiFlCA'rE HOlDEIt N.t.WE:C to n~E:
un. IVf "A&.U~ 'JO MAL Sl.04 NOtICE $MALl. ~ 'H) DeLIGoA T10N 01'1
tJA&ILA'Y OF ""IV IClND \JPOJiI tHl: COMPIHT. J'!'5 AG£JOS OA JiWI/:l[S{NfItTl\lE:S
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1921 RiDiWOo~ AveD~e
Sac Jo5~. CA 95131
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COi4PANIES AFfORDING COVERAGE
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TI"US S"lO CE~ TliI.l' THS ,"01.l;::1E5 UST'EO S!i.OW 11A\'E 1tt ... 1SSUfll 'JO 'IKE INSU~ ..... ~ A9-0vr Foo:\ TJ.I!tE.Ol!:X "£ ... 100
mD>.:.A'TE). "'OTW1THSTAND~G ANY REOW~"'T. TE"IU em COJ\jomON OF ANY CONnI.'oCT Co:! OTHER O.~ME"5"Iwm<."'~.;:Fc:t.tc.W.'W.;H 'Tl'fr$
C!;RTLFlCA.1"'E MA' BE ISSUED 0" .. ..,. ~TA.lN. btf ~"S\JRANCE "'F'FC~.IV THE PO..IC£S DESCAIE.5C'H~ls'eru-......a::l 'l'C _U "'fH! t£FI~$.
EXCLUS/OftS IUt/tII';ONDmQfG OF SUC'" POLlCIfl. LIWJT5 ,"OWIII IoU.V MV!: eelll IiWlLX:lllI"I'.ctI Cl.AIMS. ------"----_.--
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co...~ GPCVU:I. UQIUl'T
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0McEJt'1 ,~~ PIIlOt.
AU'TOItCatU ~ --"'" -.u OVI'NC AUlOS
.501El:I1AG "4/TOS
.... -..nos
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~EUAII'L"",
A -"Auto .Excess Onlv
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WOIllnlt"S C'OIIl"EHSATlQII .. "
1"~l"EIt$· Li'UlLm
City of P~lo Alto
Aii5\ ¥.anager
P.{). Sox l02.s.G
P2:10 Alto. CA 9.4JQ3
4/H/90 4/15/91
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n~ iI .AO\IVlrlS"'<G Ir.iJLII'T I
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'1,000. 1.000 ..
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C:'.iE!lSt-~~OC" l. .... ,T}
~'S"...ASt_LI;:. ..
;i SHOULD .... "'" OF THE "eo\"~: OES~ i"OlIC'f"S II!'£. C ... N.:£LLED l!!::FC"i£ "[,;E
1 EXP1AATIOtt DATE 'tH!:AfOF. tHE ISSUIJ,lG (;OW'.tJolY .... u Er.'tIEA'oIOA 10
-4 t,jAlL __ CO,,'" W'lm£1II NOTla: '10 TH£ C£Jl'TIFJC4TE: Mcx.DE" "AA~;O 'KI t~ 1 LEn. ILIt FAaUFtE 10 ".f..!L SVCIol NCTa: SH.ql IUPOSf "0 oa:.IGATJ~ OR
L\ABru;TY OF "1I(f KI~ 1,JP0/Ij"IKE C::OM1'A~'f.I'TS A~I(tS. OR R::"'FtESE",-rI.TI\I£"$
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CERTIFlCATE'@F INSURANCE
b'ah ! 1nIIa'_ '.0. _ "
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nus CERTIFIC"T£ IS tsSUE:D.u A M"nER OF" INI'~MA TlO,," (HIIl'f .. Ntr CO!'-F:~S
NO ,!flIGHTS ,","ON THE CER.T~C"~ "'0lOf.1It. nilS C£Jl..TIFICAT£ l)O(S ... or ""~"D.
£)(TEND OR Al..Tf.1III 'fHi: co-..'f:~"'E ot.FFOROE:D II' tHE ,"OlICI£S IEI.OII'I
COMPANIES AFfOflO(NG COVERAGE
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"1I1t tllItIl
CIoHCaLAnotI
• GEHI;lIW. AGGI'I£""" JE
~AGG~GATE
PERSONAl. AC~nSIHG 1IrU\Dl't ..
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F~ o.u.u.GE ~-...,. _"'''
MIEtlICAl-~ ~r _IM"G'\I •
cow • ...., ........
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$T .... TU'!'OR'I'
1 .. 000,
• 1,000,
1 .. 000.
$HOUl.D 1M'( OF !HE "!lOVE OE:$C.RJBED POlIC'ES If C"~EU.EO J£F=OA.E tHE
EXPIAA'TIOIII DATE TKE"AfOll". nE I$SUJf!fCi COt4Pol.N'l WIU, 5 9C 99 TO
MAIl""" g.A'fS WRITn'll NOTICE TO tHE CfRTIFJCATE HOlDER JUoMED TO tH!:
'LEFt. DC IT ser OS TO tit 5 5 t n cs 5 mOSE "0 OS E 'n,., on
1 '9 m 57 t , PC T SGO' SUM U 'cp-cceSSS9CS-'l'D'tS
1174
....
Nobbs ~roup. I~e.
laiS s. 'raDt Streat. St« 110
San Mateo. CA 9440) --
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Emcou. As.oe1atu
1921 A!nSWOD4 Avenue
Sa~ JOI., CA 95131
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COMPAAIES AfFORPlNG COVERAGE
~w A vadeus Uoyds .and Londoa. Companies
119/90 119/91
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PE'ItIQtW.. ~ a.MlT
r.oo.=-..co
"N~l"""_" IIlDiC:AL UP£MSI: ~ _ ...-!I -......
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1000.' .. ,,'" . ""'~T1 • ........ ..
$l.~~OOO each elata.
ta cbe a&8Tega~e e%cess
of .100.000.
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w. , ........... ~'nDIIIaO II ..... =,.......,.CIIoII.""-*
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Cl~, of Palo Alto
Departaent of Public Wo~kl
250 x...J.ltoa '&"errue
,alo Alto. CA 9SlO1
Ate.: James BarrlPltou
;;:, .. tM~~f( .
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SHOUlC UY OF THE A9O'o1i: DESC ..... D POLICIEI 81: CANCEU.EQ lUCRE nE
EXl'LJilATJOI,j DATE-~AEOF. TKE ISSUING t:OrrU4N'( wu ENDEAVOJI 'YO ~....!Q. 0A'rS _FriTTEN NOTIC( TO tHl CfRTII'CATE HOlDE!! NAIoft:D 'JO THE
un. avT ~I\JLUAE '-0 MAl\.. SUCH' )CmCE S~ "POSE NO c.t.K1ATOJrt OR
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. :: lOt';\ I Al;([ REPORT .... ~Discrjmj,..a1icJ\ Prov;,.jer---llf '.]0 Alto
U £ )C./-lIB If''' b".· ,-j
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rAil rlFcrt IIIul .~ C'9"'pZ.t,4 .z,JI ,ri~.
eQetrOtt~7 c~4 e.,~ .~!,o~lr~~tor.
Cor;Zlt~ ell it~~. ~~r ••• Qt~~~~i ••
i""T~~1,4. V,I ~ztr4 .~r~t. if
ft •••••• rl. 5~B~}T ORICI'AL or r815
REP061 P16l.1Ll 10:
Oirtctc-r of '..,rc1l.u rl'lg Senic.n
(hh tentr:f
150 tW ~ i h on AVe'nlJe'
1'.11:. .Alto. C.: ifDnh '~)Ol
Circle O,me: <!!ime contractc~
Put J
J.
Complete t~e foilowii.:
full •••• and addr ••• of firm
or otbe-r repoJtin, un.it cove-ree! -
b1 llib TOpon.
2. ~ • .,. aod address of principal
official or lUZla&er. -
l. H'~e .~d addrrs5 o! pTincipal
office of company.
4. N~me a~a a~4ress of ,arent
co~p'~Y it In a{lilialed
cC>Tporlticn.
-
-
s. N.~e ama .dare)s of pri~e
ccmtrlctcr (Co~pltle only if --
this is • SubcODlractor's
rr-p-ort.
r.hPbon(VoO ¥S3-7 3oc>
H.~e of perso~ preparini fer~. Qr
person to ce~tlct.
Sot-lN GL~Lltj ht. 12 ••
Sulto~ttlctol'
T. D. ~el·r.Grs.J ..p~;r1en+
.( sa.';'.: .uld~e..s5 <1..S ""I)
6. Si,~~tur~ and lille of author
iltd T~prtSe~I'li~e •
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Put II
1. Attac~ a Jtatrment of your coepan7·S policy en rQuaJ-rrnrlo)~e~t
opportunity to all per3cns ~ithout T~,ala to JJ~~. crt~d. col~r
national cri£in, ot arncrstry. a~d describe ~h't sttpS h;\e ~etD'
,.len to put this policy into effect.
Port '11 Circl. tbe proper ans~.r
1. @ ,"0
3. Yes@
.. ~ ..-"
H,ve you infor=ed co~rany ollicialJ and rtprrstDtali~ts
reeardia, tbe non-ajscri~im3tion provi~iens of (j'I of
P.lo Alto Contracts!
Have 70U examined yeuT CCmpJR,·s prl'ti[~s reE'r~i~; ;ssi,u
ments. layoffs or translers of your tll))Jorres (rem one job
to another {or e~i~enc~ of • practice or t~p]or~ent patttr~
that mi,ht appear to b~ discriainatcry and based ~?oa .a,~.
relizian or nation.J orieiD! Are lht1 nou·djscrjmin.t~ry?
Do-you have edu·catic:cal or trlhdnl Frolrll1l~ !pctl,50red or
financed {Of th~ ben~{it cf c:plo,ees Of prospective
employees!
b. _______ How r.1~r are ~i~Drities?
Do~~ YDur help wanted advertisinl state that yeu ar~ ;~
ect,ual opp·orlLlllit7 clnploltr'?
Are 1'rJ1 apprcaiiccs obtained: Inn'l SOUTCes o''LIlsidt tbe
er-ployer's 101011 force1 Jf yeJ ~.h;"'-r yeu circulated' in{crr::.·
atio~ abQul apFren'ices~ip opemi~ls or O¥p~Tlumitifs 10
the fo]lo.,illl?
Yes No State bplo)'", .. t OUi ...
y •• 110 JJe",sp~'pers or Ol~" ... ~i.
Yes 110> Hi ell Sc hQ-O Is • incl udh.lJ: tbose in lIinod l1 ,ro ... p
.Te~s.
Yes )10 Loco) lTilde or vecal iozul SC},OQ].s • incJudj~, t tlO::of'
'With. lIillority ,roup stu4'eD's.
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".arl IV
Yes ([;)
Yu 1/"
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Yu 1/"
'Yu -1I"
A&r~cieJ IndIcT crlaDil~ticD ,pccj~]'linl in
t.llpJ Cllllcnt ..
Feder.: OT Stlte Appre.ticcship rtpre5rntati~es.
~no.~J~ __ ~ ________________ ___
Oth.r.~'~ ________________________ __
If you are a pTim~ ccntractcT, have all JubcontractoT5
~oytrcd bl lnc,e c~~plia»te inspectioD reports bt~n jnstru~trd
as tG t~cjr (cntractual obJi,ations rt]ati~1 to t~e non~
discri.inltion provisions of Cit1 of falo Alto ContT~~ts?
Expl~iB:. ________________________________________________ ___
Hive .11 TeCTuit&tn~ SGurCrS beeD .~yjsc4 t~lt aJ1 ~ul]iritd
Ipplic.aats ....-ill receive conJicJerltio'D for tllltl]cYllcnt ,.titllout
TeIIT~ to race. coler, crcrd or aational ori,i~?
Jd,~tify (n.~es and addresses) tbe .~pIoyme.t azenoie.,
personnel recruitment orianililions. ~~~Srapel Idv~r.i5i~.
or oth~r nCD-uD:oa 50urces frgm whi~~ the ,om¥~nl rrcuits
its ,'.uo" •• t.
';>'0
HaVE YCl'1,} • ccllC'c.tive bZT&ail!lill& a&t-e"clIlEDl with a laboT 'Union
OT ether oflaaizaticn!
If Y", 'peclfy lhe Vnion(.) OT OTI0fti •• tioo(.)
Haye ),1)\11 Ichise&! the laboT union l",d/oT 1i'Cl'J:rT or.r:ar:drat· •
10. or the ccmpa~7's Tespo~sibilil1 u~der the fton·disc'i.ic~t
IOD proYisio., of City COD1,.,ts!
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Appr~liM~tely ~~al ptr(~al~IC or four ~~rJ~Y~C5 ,'p,~·r' ,1
1»1' uftica. 'IretlleZllIS art' r,felree! by or lIlirrtJ lLr-.lIJJ.1 It,
unioDs! . .
E.~laifi proc~d.re .lor hi,i_, b~lanc~. ________________ ___ ,
---------------'------..:.-----
Does tle complm1·~ colJec.i~t ~lreljDj~2 ~~T'cr~Dt cr
ether contract or ~nderstan~inl ~itb a lJ~or ~Di~n r~r
unions) cr otheT worker'J Frl.~i:alioD incl~dt ~ rr"l'J~I·~
for Do~·discri.i~atjcR ia emplcy~eat?
Is there Iny Ja'boT "11~ioD Cl "'crler's crr~nr:llrjor.l pell'Jo
'Which :pTtVrnts rent {rom fg:lf'iJlilll your obJjt.alicn~ '\.11:J'tr
the nOD·discriminatio3 prOyjsioRS or (ilT CO~lr~'ts~ rf
.o~ specify, _________________________________________ _
•
Sp~cifT lbe traders) or cr.fl(s) in<ol.ed in 'hi' Lonlr_i~.
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lAC I A.L KA"aUP or k£.P~Z1"'c;. ,,~n -'
• N CII r u .~_-,["tl("",Q!!.U-,A"s"s"o£<~fa,-t"."s,-___________ ,S.u~l'!'.tt tt (I 'II 1 X &.",,"',v<c!s'--____ _
l d . U J d r 0 jc-c I " •• C' Gech,1'lIl1dl Services -Pala A.l ta In fl11 Sit-e PhJse Two II crgl'oun Wi) ler
Ava'tadr!!; Progf'atll .
:uur"CI • (ta~lc.tc cal, ror ~nt~17 reporl. No. )1
HU l},c& "I "tC:.1r."(P~ ... It! 'lou' r. .. d' • l~i. lore's m,ed lc~ .11 tllue. (Ct-.ult)
I -1-'cr.~nrnt •• \t~P .r c ... ~p.nJ'. ( ) -2'-EllltJmHed' lII.leu", for tlds praJl!'n.
1.) -)-• .,..n,II', .... .tDrl rot ~I!!o¥ II ,!.D. .5ubmJt OrlCIt pU "Dflth lor d\.u lit inl1 of
'''JUl. I-rrrNnl"nr: • 2-r,.11 rNte" IOor JluJecl .. J. HoctbJ, celT.
It' .~rc: '" hu;:tm'e ill tIllPto)'tl'1 1ft rrTlt ~o!u~. not J~st .,fn~)f·hh •• Mo'~ 1 .rld ::I btlo .... -
• 1'1: uqdu4 to .,. UJhd 1 •• pd .'Ub=hua ",It'" ~ColZlplh:!'n:e Report .. .
Tot .... 1 Asian .Arnerte'lI S,P.tlll sc-! •• trovC'ItS reputt 'Ih:'k A.r:rtiitam l-.lnd I." 5urnr-tlf OB (.A1!(j~1 [$ I 1 ) I -) I 2 ) I 1 ) I ! J 1 I 1 1 J , -I I i ~; ! .n"t.~ftIC:[lt (.; IS -.., I
rDr.uftH!I!S '10 2~ , I~ -
lufnl ... Ortfcl' So ;l~ I " I-I
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• ". • I • nu • ou • .. • • ., I ~ • I v • . , h • Ippropr It, C.I[r£.or •• ,bevl'.
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-\.I'td t I' Collar
· r,a""ur(lna I
• r. rCpDI1 ~.1 'e-CDIOpltr.t. '" ccatrac lDt .ndl .ae" lut.cont.-.C"toT.
111' Ire. "SUI"is\. SU1 ........... ICldulS"l .1) pH lOti. Dr He.le.r.. '~C'llo .Ir.". Cubiti. 1.111111
-",«,rfealll "I'" Sp.nls" (lrhh~
.. pOrt aat, .... plr .. Jt'c. IIwr.nl'1I t. IOT'NIl on·th""'Jeb lralr.r." ,.:r.n"Yllt1l.
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EEO POLICV STATEMENT
TO: All EMPlOYEES AND IIPPLICANTS
The poficy and praefiee 01 EMCON Associates and ~s subsidiaries is 10 c011Si6~r
aD atJ\llieanls lor erT19'oymeri and 10 consider all employees lor placemen!.
deve1op,'Tleri programs, job assignmeflls, Iranslers, promotions, and any 0111er
staluS changes, regarcf)ess 01 race, refiglon. co!o<', sex, age, national Of'gin.
~yslcal or menial disabITily, or Vietnam·era veleran's sla:us. The Companfs
goal is 10 achieve and maimain a reasonaNe worl<lorce mixlu-re 01 mfOOfi/y and
women employees a' an revels.
This poficy also prohillns unlawful harassmenl 01 any kind including sexual
harassmen!, and anows an employees 10 wOO< in an environment Iree Irom
unsoliciled or unwelcomed sexual overlures or commenls.
.
The achievement 01 lIlese otljeclives is !he rovidLJal respo.1Sibm1r 01 each
manager and supervise<. woo wiD be evaluated on EEO achievemenls as part 01
!heir (Neran job performance. J personany endo<se and support Ihese co<poraie
oojec~ves and expect fuD cooperalion and assislance !rom everyO<1e associated
with hiring. developing, and promoting persOMel
Barry langlOld, VICe President 01 Human Resources, is \he EEOIAlrlfmalive
Action Compfiance OWeer responsible lor cCJO(6inating lhe day·lo·eay
implemenratioo of otX AtfLfmafrve Action Plan and lor l<eeping me inlormed.
Anyone havitlg questionS regar6ing our EEO efforts and/or pondas sfloeld'
d<=s!hem will! Barry langrord ()( me. .
Any employee 0< appliCant woo feels !I1a1 ~e or she has been Irealed coolrary 10
lhis poficy, should' con!ad !I1e Compfiance Officer, local Sranch Manager, or local
Human Resources RepreSenlalive. We hope 10 lurther provide a work
envLroomenl whjch provides equal oppor1u.n~y lor all
10189
'~~~'ki\: . . .
',. :.:
~
Regional VICe PresiOenl
~~'f
T.D. Brlggs
PresidenllCEO