HomeMy WebLinkAbout0475.092October 22, 1992
THE HONORABLE CITY COUNCIL
Palo Alto, California
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Regional Water Quality Control Plant Ris:/l;. __ Management and preve-nti.Q!!
Program
M@mbers of the Council:
Report in Brief
This report recommends that Council authorize the Mayor to exec~te
the attached consultant agreement 'With PrimaTech, Inc~ in the
amount of $65,755 for consultant services for the Risk Management
and Prevention Program (RMPP) ~ This project is related to the
environment and is a state law requirement with a relatively short
deadline. It was not included in the list of FY 1991-92 consultant
work SUbmitted to the Finance Committee in July since it was
estimated to be less than $20,000 for the chlorine analysis.
Additional tasks including sulphur dioxide analysis are now
required. The Finance committee agreed in July 1990 to alloW'
expee.ited processing of environmentally related consultant
contracts that were operating under a state or federal deadline.
Staff, tharefore, is submitting this project directly to Council.
Background
California's RMPP legislation, enacted in 1986 r is set forth in
Article 2. Chapter 6.95 of the california Health and Safety Code
(H&SCJ~ According to the H&SC, the Santa Clara County Office of
Toxies Enforcement shall require a ~~p if there may be an acutely
hazardous materials (AHM) accident risk. Because chlo:.:-ine and
sulfur dioxide are O~ the state's ~ list, and because the county
has determined that the use of these materials at the Palo Alto
Regional Water Quality control Plant (RWQCP) may pose an ARM
accident risk, the county is requiring a RMPP tor the facilities in
the RWQCP. The statutory deadline for submittal is May 13, 1993.
Discussion
A Request for Proposal to per-fonD. the RHPP 'Was issued to seven
consultant firmsr and six responded. The pLoposals were reviewed
in accordance with the City's selection procedure for professional
services. Four consultant firms were chosen to be interviewed by
the City's selection committee. The selection committee included
personnel from the Operations a.nd En .... iromnental group of the RWQCP.
The tour consultant firms intervieW2d by the committee were Team
Environmental, James M. Montgomery, Brown , Caldwell, and
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PrimaTech, Inc. The committee unanimously agreed that prim~tech,
Inc. is most knowledgeaole and experienced in the preparation of
RMFPs. p~imaTech, Inc. has completed and obtained certified RMPPs
for a long lis!. of clients from various counties. The committee
rar~ed PrimaTech, Inc. as the first choice and James M. Montgomery
as the second choice.
The attached agreement with PrimaTech, Inc. covers the consultant
taeks to be accomplished under the RMPF. The services include a
ha~ardous and seismic analysis o~ the chlorine and sulfur dioxide
facilities j recommendations on mitigations and safety procedures,
and production of the RMPP. The final report will be submitted to
the Santa Clara county on or before Hay 13. 1993 for approval,
public review, and certification.
Funding
Funds for the RMPP are includi:'ld in the F'i 1991-92 Waste· ... ater
Treatment operating fund.
ReC91!!l!!endatipns
staff recommends that council:
1. Approve and. authorize the Mayor to execute the attached
con5ultant agreement with PrimaTech, Inc. in th~ amount of
$65,755 for consultant services tor preparation of the RMPP.
2. Authorize the City Manager or his/her designee to negotiate
and execute amendments for services related to or incidental
to the scope of work or services, the total value of Which
amendments shall not exceed $8,500.
Respectfully submitted,
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WILLIAM MIKS
~~n~ger~ Water Quality Control Plant r: ('// I; C:bu?et'~<-J '~~Cl~
DAVID G, ADAMS
Director of Public Works r-d{,rrv.r] ~,
JlJNE FLEI!ING
Interim city Manager
Attachment: Agreement
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A G R 8 E MEN T
PROFESSIONAL ENG~gRING CONSULTANT SERVICES
BY Al.'"D BBTWEEN THE CITY OF PALO AL'!'O AND
l"RIXATEC'R INC.
THIS AGREEMENT is rna~e and enter~d into this _____ day of
;;;:::;-,-:;c,;;::;-,-;;::.-:::.' 1992. by and between the CITY OF PALO ALTO. a
municipal cOL:poration of Cal ifornia, hereinafter r€>ferred to as
·CITY. :'I and PRIMA.TEC'"rl INC. (Taxpayer Identification No.
31-1219971), a California corpc'ration, with officE's at 100 Pine
Street, Suite 2240, San Francisco, CA 94111, hereinafter referred
to as "CONS'lJL'l'ANT";
WHEREAS. CITY desires certain professional services
hereinafter described; and
WHEREAS. CITY desires to engage CONSULTM'"T to provide
these services by reason of its qualifications and experience for
performing such services. and CONSULTANT has offered to provide the
required services en the terms and iL the manner set forth herein;
NOW~ THEREFORE, in consideration IJf tt,eir mutual
covenants, the parties hereto agree as fallows:
~IQN J -DEFTNIT'ONS
1. 1 >:l.TI
The term ~Citya as usea ~n this Agreement shall mean and
include all the territory lying within the municipal boundaries of
the City of Palo Alto, California, as preser..tly existing, plus all
territory ..... hj ch may be added thereto during the te:.-rr'. af this
Agreement by anneX3.tion or otherwise.
The term ·City Manager~ shall mean the d'Uly appointed
City Man~ger of the City of Palo ~to, California, or his
designated representative.
1.3 ~ITY_ATTORNEY
~e term ~City Attorney· shall mean the duly appointed
City Attorney of the City of Palo Alto, California, or his
designated representative.
1.4 CITY CLERK
The tenn "City Clerk" shall mean the duly apPointed City
Clerk of the City of palo Alto, Cal~fcrniar or her designated
representative.
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1.5 RISK MANAGER
The term -Risk Manager~ shall mean the duly appointed
Risk Manager-of the City of palo Alto, California, or his des':'gnat·
ed representative.
1.6 ~cr
The term ·Project l means the imnrovements described in
Exhibit ·A~ entitled ·Scope of Project" attached hereto and rnad~ a
part hereof~
SECTION .2 -PROJBCT COOROINATIQN
The City Manager shall be representative of CITY for all
purposes un6er this Agreement. DAISY STARK ~s deS20nated as t~e
PROJECT MANAGER for the City Manager; and she shall supervise the
progress and execution of tr~is Agreement.
2.2 CONSULTANT
CONSULTANT shall assign a single PROJECT DIRECTOR t~ have
overall responsibility for the pr-ogress and execution of this
Agreement for CONSULTANT. DAVID MOORE hereby is designat~d as the
PROJECT DIRECTOR for CONSULTANT. KEN .AXE shall be assigned as
PROJECT COORDIN~TOR for CONSULT~VT and shall represent CONSULTANT
during the day-to-day work on t.he Praj ec:t. Should circumst.ances or
conditions subsequent to the execution of this Agreement re~~ire a
substitute PROJECT DIRECTOR or PROJECT COORDINATOR far any reason
the PROJECT DIRECTOR or PROJECT COORDINATOR designee shall be
subject to the prior written approval of the PROJECT ENGINEER.
~ON ;; -SCOPE OF PRQJE~T
The scope of the Proj ect to be executed by CO~SULTA.."'IT
under the phases of the Basic Services described in Section 4.1 of
this Agreement i9 as described in Exhibit ~A~ attached he~eto and
made a part hereof.
SECTION 4 -Dty.I.'~ES OF CONSUL T_:w'r
4.1 BASIC SERVICES
unless otherwise indicate,:j, CONSULTANT sh-:3.ll perform each
task and accomplish each obj ecti ve descri!Jed in the Study Plans
summari2ed and mere partic~larly described in Exhibit -A.· PScope
of Work. r CONSULTAl-."T'S Basic Services shaJl be furnished as
described in Exhibit -A-, 5ection I, and Attachment E.
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~.2 ADDITIONAL SERVICES
CONSULTANT shall perform or obtain any and all of the
following additional services ar.d shall be paid as provided in
Section 6 of this Agreement:
4.2.1 Providing services as an expert witness in
connection with any public hearing. arbi traticn proceeding, or
proceeding of a court of record.
4.2.2 Incurring travel and subsistence exp~nses for
CONSL~TANT and his staff b!:yond those nonnally required under Basic
Services.
4.2.3
agreed upon by
Agreement.
4.2.4
Section II.
ferforming any other services that may be
the parties subseq..J.en':. to the execution of this
Such serv'ices as defined in Exhibit "A" J
-4.3 GENERAL DUTIES OF CONSm._TAl:IT
4.3.1 CONSULTANT represents that it is qualified t..,
funlish the services described under this Agree:rr.ent. CONSULTANT
further declar~s that one or more merrhers or employees of his firm
and that of its 8ubconsultants, if any, are licensed by the State
of California to perform their services and that these services
will be performed by there or under their supervision. CONSULTANT
l;lhall furnish to CITY for approval, prior to execution of this
Agreement, a list of all firms or corporations ~o be employed as
subconsultants.
4 • .3.2 CONSULTANT states that it is aware: of the
requirements of the Government Code and the Health and safety Code
of the State of California relatir.g to access to public cuildings
and accommodations for physically handicapped p€rsons" ar:.d relatir.g
to facil i ties for handicapped persons. ::ONSULTAA"T shall c'8Irnply
with such provisions in carrying out the terms of this Agreement.
4.3.3 CONSULTANT shall fu~ish CITY with every
reasonable opportunity for C1TY to ascertain that the services of
CONSULTANT are being pertonned in accordance ~ith the requiz:ements
and intentions of this Agreement.
SECTION2-.-mITIES OF CITY
5.~ CITY shall provide info:r1!'.arion regarding its requirements
for the project.
5.2 CITY shall examine documents submitted by CONSULTANT and
shall render decisions pertaining thereto promptly. to avoid
unreason.able delay in the progrtass of CONSULTANT's 1oIiork.
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5.3 eIn shall f"J.:"""nish all such information as one ir. CITY's
files or are at its disposal, as listed ::"n Ex..~ib:lt IAI, Section
III.
5.4 CITY shall furnish all services listed in £xhibit lAw;
Section II!. providing sufficient notice is given by CONS~LTANT.
5.5 If CITY observes or otherwise becomes a~are of any fault
or defect in the Proj ect or nonconformance ltii th the contract
documents, CITY shall give prompt written notice thereof to
CONSULTANT.
5.6 CITY shall furnish informa.tion required by CONSULTANT as
expeditiously as possible.
SECTION 6 -p~
Payment sball be made by CITY only for servic~s rendered
aod upon submission in triplicate of monthly progress payment re+
quests. Each invoice shall be itemized as to the type of pa~~ent
described in this section.
6.1 CONSULTANT'S FEES
In consideration for the full perfor.mance of the Basic
Services. additional services. and reimbursable expenses described
in Sect-ion 4.1 of this Agreement. CITY agrees to pay CONSULTA..VT a
fee Dot to exceed $65,755.00 for the Study (Labor costs of $43,855
for Task 1 and $17,600 for Task 2, plus expenses of $3,000 for Task
~ and $500 for Task 2)
The amount of CONSULTANT's compensation
calculated as set forth in Exhibit "'8"', Proj ect Costs
Schedule~ attached hereto. on a time and materials basis,
maximum a.rnount set fort=-.. in this paragraph 6".1.
shall be
and Rate
up to the
6" .1.~ Subconsultancs. Fees for suDcon8ultants, hired
directly by CONSUI.TANT. shall be approved by CITY in advance of
incurring such fees.
6.1.2 f~r E~~ork qr Changes. Payment for extra
work or changes in the work not initiated by the CONSULTANT and
authorized in writing by the PROJECT ENGINEER shall be made upon
submission by CONSULTANT of a statement in triplicate of itemized
costs covering such work. Prior to ,:amme:lcing such extra work or
changes, CONSULTANT and CITY shall agree upon an estimated not-to·
exceed cost for such extra work. In no event shall CONSULTANT be
paid for design work or change order preparation which is necessary
because of CONSULTANT's errors or oversights.
6.1.3 Calculation ___ --.9 __ E Direct Personnel Exp""nse.
Direct personnel expense of employees engaged on the Project by
CONSULTANT includes the work of architects, engineers, designers,
job captains, draft-spersons, specification writers and typists, in
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consultation, research and design/ in producing drawings specifi
cations and other documents pertain] ng to the Project and in
services during construction at the site. Included in the cost of
direct personnel expense of these employees are salar ~ es and
mandatory and customary benefits such as statutory er''Ployee
benefits, insurance, sick leave, holidays and vacations, p~nsions
and similar benefits.
6.2 PAYMENT SCHEDl7LE
6.2.1
Ser-,rices shall be
services performed
For Basic Sen::;"._~. Paynlents for Basic
made in progress payment.~ in proportion to
in ac~ordance with Exhibit ~B~.
Final payment shall be made by CITY after CONSULTANT nas
submitted all required reports and received ~pproval thereon.
6.2.2 For Addit ional Seryic5!.§.. Payments for
additional services of CONSULTANT as defined in Section 4 shall be
made as part of the monthly progress payments for services
rendered.
6.2.3 ~.t,l~.J.~.
CONSULTA-'~'s compensation on
damages/ or other sums withheld
No deductions shall be made from
account of penalty, liquidated
from payments to contractors.
6.2.4 Payment Upon Suspensign or AbanConme:.~
Pto";ect. If the Project is suspended for more than three (3)
months or abandoned in who~e or in p~rt, CONSULTk'~ shall be paid
it.s compensation cor ser.rices performed prim:-to rf':ceipt of -written
notice from CITY of such suspension or abandonmE::l1t, toget.her ""ith
additional and reimbursable expenses ther. due. If the Project is
resumed after being suspended for more than thirty (3D) days, any
change in CONSULTAtrr's compensation shall be subject to renegotia
tion and, if np.cessary. approval by the Palo Alto City Council. If
this Agreement is suspended or terminated for fault of CONSULTft~~r
CITY shall be obligated to corr:pensate CONSr]LTM""T only for that
portion of CONSULTANT's services ~hich are af benefit to CITY.
SECTION ? -mn PROGRESS MiTl COMP.b~'rJON
7.1 TIME IS OF TH.LESSE'NCE
It ~s understood and agreed that time is of the essence
of this Agreement. and that. follo...,.ing receipt oE Notice to
Proceed r CONSULTANT shall commence work on initial tasks of study
in accordance ... ith the time sc!i.edule. Exhibit liB". Work on
subsequent tasks shall proceed in accordance with said time
schedule.
CONSULTANT agrees to perform the phased services within
the time limits set forth in Exhibit "A-': provided, however, that:
any cnange in the scope of services or other changes due to CITY's
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operating requirements; or in connection with other ccntractors =r
consultants operations, may require a revised time table.
CITY agrees to exercise du.;: diligence in perf o n',li ng its
tasks to implement the CONSULTANT's time table.
7.3 CITY' $ R~ AND APPROV!\l,
Between each phase of work there is a review and apprvval
period by CITY~ The CITY will exercise due diligence to complete
these tasks; however, it is recognized that the interrelated
exchange of information among CITY's various departments makes it
impossible to set a specific time schedule. Normally, the CITY's
estimated period of review and approval will be furnished to
CONStJL"rANT at the time of submission of each phase of work.
7 ~ 4 EXTENSION ...Qf----1'..IME Q"" COMPLETION
In the eve.!lt the sen'ices called for under this Agreement
are not completed by CONSULTANT ~ithin tne time specified, CITY
shall have the option to extend the ~ime of completion. This para
graph does not preclude the recovery of damages for delay of either
party.
SECTION 8 -CWU~GES IN WORK
CITY may order major changes in scope or character of
work, either decreasing or increasing the amount of CONSTuTANT's
services~ In the event. that such changes are ordered. CONSI~~TANT
shall be entitled to full compensation for all work performed prior
to receipt of notice of change. Increased compensation for major
changes shall be dete~ined in accordance with Section 6 of the
Agreement, but in no event shall CITY be 1iab1~ 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 sectio~, the schedule for progress and comp1etjon in Section
7 of this Agreement and compensation shall be a,jjusted by negotia
tion between CONSULTANT and CITY, subject to approval l if necessa.cy
by the Palo Alto City Council.
SECTION 9 -TERMINATION. .. OR SUSPENSION OF AGR~.~NT
9.1 CANCE~LATIQN BY CQNSULTMT
CONSULTANT may terminate this Agreement or suspend work
an the Project upon thirty DO} days' wriLten r..otice to CITY, but
only in the event of substantial failure of perfonnance bi" CITY Dr
in the eVEnt CITY abandons or indefinitely postpones tt~e project.
9.2 CNlCEI,LATIQN BY CITY
Without limitation to such rights or remedies as CITY
5hall otherwise have by la~, CrTY shall have: the right to terminate
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this Agr~ement or suspend work on the project fo~ any reason, upon
fifteen (15) days' written notice to CON5UL'!'A.l'JT, cr immediately
after submission to CITY by CONSULTA:.VI' of any completed i tern of
service specified in Sectj on 4 of this Agreement.. CONSULTANT
agrees to cease all work under this Agreement upon receipt of said
written notice~
9 . 3 CQMPENBATION OF ~--'s_1l1LLM"'T IN THE
MNT OF TERMINATION OF TIllS AGB.1LEMl'NT
In the event of terminat ion of this Agreement or
suspen.sion of work 00 the Pro1ect by either crTY or CONSULTA.1'IT j
CQNSU~TANT shall receive compensation as follows:
9.3.1 For approved items of service under Section 4
of this Agreemenc, compensation shall be in the amount outlined
under Section 6 of this Agreement for the items of service fully
performed by CONSULTANT.
9.3.2 Fo::-items of S'ervice on which a notice to
proceed has been issued by CITY .. but which have not been fully
completed and approved I CONSULTANT shall be co~pe~~~t~d for said
se~~ice in an amount which bears the same ratio to the total f;e
o~herwise payable for the performance of sena. service as the
service actually rendered bears to the total servh:c cecessary for
the full performance of said item o~ service.
9.3.3 In no event shall the total compensation paid
in the immediately preceding paragraphs exceed the payment
specified in Section 6 for the respective items of service to be
furnished by CONSULTANT.
9.3 ~4 NotW'ithstanding anything in the preceding para-
graphs, upon termination for fault of CONSUL'j'A."IT, C1TY shall be
obligated to pay for only that portion af the service which can be
incorporated in the project.
9.4 PUTIES OF C"[TY M'D _CQH.SULTANT
Upon termination of this Agreement or suspension of work
on the Project by either CITY or CONSULTANT, all duties of CITY and
CONSULTA..'fl'1 as set forth in Sections 4. and 5 hereinabove, shall
tenrtina,te ~
SBCTICJLJ.Q -CONStTLT~ __ ,;:; ACCOUNTING RECORDS
Records
Pr-oj ect shall be
accounting basis
convenient times:
of the following expenses pE'rtaining to the
kept by CONSULTANT on a generally recogn:ized
and shall be available to CITY at mutually
10.1 Direct personnel expens€'s, including consultant expenses.
,See Sectioc 6 of this Agreement.)
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10.2 Expenses pertaining to Additional Services. (See S~ction
6 of this Agreement.]
SSCTION 11 -OWNERSHIP Q.LmCUMENI'S
11.1 SL!bject to the provisions of Paragraph 11.2 below, tr.e
.criginal drawings, maps, plans, designs .. records of sur\tey .. work
datal specifications. and other dot:uments prepared by CONSULTANT in
t.he performance of this Agreement, althm.l.gh instl.i.lI'r.ents of
professional service, are and shall be the property of CITY whether
the Project for which they are rna,:l.e is executed or not.
lL2 Upon tei"'rrtinat:.io:1 under Section 9 of this Agreement and
upon CITY's payment of the amount requir~d to be paid under same
section, the originals and all drawings. calculations, specifica
tiODS and similar docu.llents become the property of CIiY 1 and
CONSULTANT shall ~ransfer them co CITY upon request without
additional compensa":ion. crTY shall have the righ': to utilize any
completed or uncompleted drawings, estimates, specificacions, and
ether documents prepared hereunder by CONSULTANT; ho· .. ever, CITY
shall indemnify CONSULTANT against any loss whicn may be caused to
CONSULTANT by such use and reuse.
SECTIQN 12 -Jz.."1';EREST OF CONS;JLT1.NT :mmCCNSULTANT INDEPEN
DENT OF CrTY
In accepting this AgreEment, CONS~~T~' cove~ants that it
presently has no interest, aDd shall not acquire any interest,
direct or indirect I financial or otbe~ise, which would conflict in
any man"ler or degree with tho? performance of the services here
under. CONSULTANT further covenants that. in the perfoPrnance of
this Ag~eement~ no subcontractor or person having such ac interest
shall be employed. CONSULTANT certifies that no one who has c,r
will have any financial interest under t~is Agreement is an officer
or employee of CITY.
It is expressly agreed that in the perfol."mance of the
professional services required und2r this Agreement CONSULTA...""IT, and
any of its sub·:onsultants or employees, shall at all times be con
sidered independent cont.r~ctor6 C>.nd not. agents or e...'1\ployees of
CITY.
SECTION 1 ~ -QUTS:r,~NSULTANTS
CONSU!.TANT shall be responsible for employing all outside
consultants {subconsul tants) necessary to aid CONSULTANT in the
performance of the services listed in Section 4 of this Agree..'1'.::mt;
provided, however, that all such subconGultant:S shall r-eceive prior
approval of CITY in ~iting and shall ~ernain acceptable to CITY
during the term of this Agreement.
SECTION 14 -!ND~ITY
cor~SUL'rAl'rr agrees to indem..'1ify, defend and hold harmless
CITY, its officers, ager.ts and employees from any and all demands.
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claims, or liability of any natu:::-e, including de-ath or injury to
any person, property damage cr any othez losg, caused by or c.!:'isir.g
out of CONSULTANT'::::;. it:s officers', agt!'nts', subcont:ro.ctors' or
~loyees' negligent acts, errors, O~ omissions. or willful
misconduct, or conduct for which the law imposes strict liability
on CONSULTANT in the performance O~ fai~ure to perform thi s
Agr~ernent.
~~QF 15 -TN'StlRANCE
lS.1. LIABILITY IN~1.."RANCE
15.1.1 CONSUL'I'A..'IT, at its sale cost and expense .. shall
obtain and maintain. in full force and effect throughout the entire
term of this Agreernent~ the insurance ~overage described in Exhibit
"C~, attached hereco, insu:.ing not o~ly CONSULTANT and its
subcontractors, if any, but also, ~ith the exception of workers'
compensation and errtployer's liabil ity insurance.. CITY, its
officers, agents and employees, and each of them, with respect to
activities and services performed by CONSu"'LTA...VT for or all behalf of
CITY under the provisions of this Agreement.
~5~ 1.:2 Certificates of such insurance, p::-eferably on
the forms ·provided by CITY, shall be filed with CITY concurrent.ly
with the execution of this Agreement or, with CITY's approval,
'-lit-hin ten (101 'Working days thereafter. Said certificates shall
be subj ect t.o the approval of the CITY Risk Manager and shall
contain an endorsement stating that saio:! insurance is primary
coverage and will not be cancelled or altered by the irls .... :::er except
afte= filing with the City Clerk thirty (3D) days' prior written
notice at 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
insurancp shall be k~pt on file at all times during the te~ of
this Agreement with the City Clerk.
1.5 ~ 2 ~9RRECTIQN OF ANY n?L.RORS. OMI5sro:as, A.!'r.,Jmn~~.IGUITIES
IN CONTRA~J~.9CUMENTS
Any errors, omi.ssJ.on$~ or ambiguities in the contract
documencs which are discovered before the Project is out for bid
shall be corrected by CONSULTANT witho.;t cost to ell')'. CONSt..":.,TANT
services re~~ired to make changes in construction resulting from
errors, omissions, or al'tlbiguities in the contract documents which
are discover~d after the contract is awarded shall be performed by
CONSU1SAN'I' .... itnc'Jt cost to CITY only insofar as they result in
unnecessary or non-beneficial changes in constr~=ti~n~ CONSULTAh~
services required to roake changes in corcstructicn resulting from
errors, omissions, or ambiguities to the contract documents which
are discovered after the contract is awarded shall be perfor.med by
CONSULTANT and shall be paid for by CITY only insofar as they add
benefit to the construction work~
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CONSULTANT, by exec'.lting this A.greerr,ent. cert. ifi-:s that
it is aware of the provisions of the Labor Code of the State of
Califo:nia which require every employer to be insured against
liability for workers' compensation or to undertake self-insurance
in accordance with th~ provisions of that Code. and certifies that
it will comply with such provisions before com;nencing the perform
ance of the work of this Agreement.
S EcrION 17 -1?&R_e_~NT BINDING
The terms~ covenants. and conditions of this Agreement
shall apply to~ and shall bind l the heirs, successors, executors,
administrators, assigns, and subcontractors of both parties.
SBCTION 1a -~O~A$SIGNABILITY
Both parties hereto recognize that this Agreement is for
the personal services of CONSULTANT and cannot be trans Eerred,
assigned or subcontracted by CONSULTkVT without the prio~ written
consent of CITY.
18 . .2 SBRVICE$... OF SUBCONSULTANT AND THEIR EMPLOYEES
CONSULTANT shall be responsible for e.."tlplQying or e;lgaging
all persons necessary to perform the se1~ices of CONSu~TANT here
under _ No subconsul tant of CONSUl·TM"T will be recognized by CITY
as such; rather~ all subconsultants are deemed to be employees of
CONSULTANT, and it agrees to be responsible for their performance.
CONSULTANT shall give its personal attention to the fulfillment of
the provisions of this Agreement by all of its employees and sub
cons".!ltants, if ar.y, and shall keep the work under its control_ If
any employee or subconsultant of CONStLTANT fails or refuses to
carry out the provisions of this Agreement or appears to be
incompetent or to act in a disorderly c .. r i!L!proper manner, he or she
shall be discharged irmlediately from the work under this Agreement
on demand of CITY.
SECTION 19 -RELIANCE UPON PRQ_f~j:l __ S_JONAL SKILL OE
~MlII!:I
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 CONSULTANT's work by CIYi does
not operate as a release of CONSULTANT from said obligation.
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~ IOl'-1)-" 0070176 ----' ---.'--
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SECTION 2 Q -WAlYERS
The waiver by either party of any b~each or violation of
any term, covenant, or condition of thi~ Agreement or of any
prO"',lision. ordiuance. or law shall not be deemed to be a waiver of
any other term, covenant, condition, o~di::.ance. or la"" or o~ any
fuba~~~ent breach or viol~tion of the same or of any other term,
covenant, condition, ordinance, o:r law. 7he sabsequent accepc.ance
by either party of any fee or other money .... hich may becom,;, due
hereunder shall not be deemed to be a waiver of any preceding
breach or viol,3.tion by the other party of any term, covenant, or
condition of this Agreement or of any applicabl~ law or ordinance.
SECTION 21 -NO IMPLI~.D WAIVER
no payment, partial payment. acceptance i or partial
acceptance by CITY shall operate as a waiver on the part of CITY cf
any of its rights under this Agreement_
SBCTION 22 -COSTS AND ATTORNEYS' FEES
The prevailing party in a:::lY action brought to enfcrce the
terms of this AgreemEnt or arising out of this Agreement :r.ay
recover its reasonable costs anc attorney fees expe~ded in
co:mection with such an action from the other party_
~m.L:23 -NONDISCRIMINAT1:.QN: PENALTY
23.1 DUTY CF Cott3UL.TANT
No discrimination shall be made in th~ employment of
persons under this Agreement because of the race. color, national
origin, ancestryr religion or sex of such person. If the value of
this Agreement is, or may be, Five Thousand Dollars ($5.000) or
more, CONSULTANT agrees to met all req~iremeTIts of the Palo Alto
Mtmicipal Code pertaining to nondiscriminat~.on in employment,
including completing the "Compliance Report --NondiscrinL'f.nation
Provisions of City of Palo Alto Contracts· on the form furnished by
CITY and attached hereto as Exhibit "D" and made a part hereof by
this reference.
CONSULTANT agrees that each agreement for services fr~n
independent providers shall contain a provision substantially as
follows:
• PROVIDER shall provide CONSULTANT ",-ith a
certificate stating that he (or she} is cur:cently in
compliance with all Federal and State vf California laws
covering nondiscrimination in employment; that he (or
she) will pursue an affinnative course of action as
required by the Affirmative Action Guidelines of the City
of Palo ~~to; and that he (or she) will not discriminate
in the employment of any person under this contract
because of race, color, national origin, ancescry, sex or
religion of such person.-
23.:2 ERNALTY FOR Dl'SCRIMrNAT_~ON
If CONSULTANT is fOUl··~d in violation of the nondiscri:nina·
tion provisions of the State of California Fair Employment
practices Act or sirndlar prcvision~ of federal la~ or executive
order in the performance of this Agreernen~, it sr~ll thereby be
found in mat~rial hreach of this Agreement. Thereupon, CITY shall
have the power to ca~cel or suspend this Agreeme.nt. in whole or in
part, or to deduct from the amount payable to CONSt.'LTANT the sum of
Twenty~Five Dollars ($25} for each person for each calendar day
during which such person was discriminated agains~, as damages for
said br~ach of contract, or both. Only a finding of the State of
California Fair Employment practices Commission or the equivalent
federal agency or-officer shall constitute evidence of a violation
of contract under this section.
If CONSUL'r'AN'i' is found in violatic:.n of the nandis·
crimination proviSions of this Agreement or the applicable
affirmative actio~ guidelines pertaining to this Agreement,
CONSULTANT shall be found in ~4terial hreach of this Agreement.
Thereupon, CITY shall have the power tC cancel or suspend this
Agreement, in whole or in part, or to deduct from the amount
payable to CONSl~TANT the sum of Two Hundred Fifty Dollars 1$:25D)
for each calendar day during which CONSULTANT is found to have been
in such noncompliance as damages for said bre~ch of contract, or
both.
SECTION 24 • k~ITRAT!ON
Upon agreement of the parties any controversy or claim
arJ.sing out of or relating to this Agreement may be settled by
arbitration in accordance with the Rules of the American Arbitra
tion Association~ a!'ld judgment upon the award rendered by the
Arbitra':ors may be entered in any courL havi:!19 jurisdiction
thereof.
li=ION 25 -NOTICES
All notices hereunder shall be given in writing and
mailed$ postage prepaid, by cert.ified mail, addressed as follows:
To CITY:
Copy to:
Office of the City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Daisy StarK r Project ~3nager
Department of Public Works
City of Palo Alto
P.O. Box 10250
Palo Alto, CA 94303
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• To CONS~TANT; At:entcon of the 2RUJS:T DIRECTOR
~t the _~dr~s$ of CONSULT~~ r~~ited above
All pl:v .... lsic.GS .;-f thie A~reement. .:l.re expre,sly C\.i.Oe
conditions.
SECTION 2 7 ~ AGRE~ Coti'l'AIN§ ALL
(;'NPERS'j.'A!'{t!!NGS; AM1tNpMENT
This ct.~cu;nen: represents the e:.lt::.i:.~ a,' .. d iflt<egra:.ec
agreement bet'W'ee!j, CITY &nd CCNSIJL'I'M'T and !upersed.!'s all prier
:legotiatiO:l5J I r@pre:3E!:D.t:aCions, and a=-reements, eit.!a:!,( '\IITit;en cr
oral.
This docu.me.ct may be amend-oed only ~y II..'ri tte:r. inserurr.ent,
signed by bct~ CIT'! ana CONSU'uTANT.
SEC?IQl\" 28 ~ GOVEJ:..NTNG LAW
This A9're:e:T.e~: shall be goveZ:oe'd by the laW's cf t~e State
of C.a.lifornia
IN WI~"F.~.C; "'-"H'ERB'Jr. the pa!'ties hereto have ~eclJted this
AgrEeme~t the day a~d year fir~t above writ:en.
CITY OF' ;';U,t) ALTO
City Clerk Y..ayor
APPROVED AS TO FOR.'!,
sr. A.sIsisca.r.t Ci ty Att:.oI:"ney
APPROVED:
Asai.lltant City MAnager ------
Director of Finance
APPRO".rm AS TO cmIT~:
Department of Public Work~
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Attachments:
EXHI5IT "A":
EXHIBIT "S:I:
EXHIBIT "C" ~
EXHIBIT "D":
SCOPE OF WORK
PROJECT COSTS AND RATES ECHEDULE
INSURANCE
NONDISCR!I~INATION COMl'LIANCE FOP.M
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EXHIBIT A
SCOPE OF WORK
FOR
A RISK MANAGEMENT AND PREVEHTION PROGRAM
FOR THE PALO ALTO REGIO~AL WATER QU;'LITY CONTROL FLhNT
INTRODUCTION
The palo Alto Regional Water Quality Control Plant {PARWQCP).
operated by the City of Palo Alto, provides 'Waste'",'ater t:ceatment
and disposal services for the cities of Palo Alto~ Mountain View,
Los Altos., East Palo Alto. the To .... n of Los Altos Hills. and
Stanford University. This project is for serv~ces to perform
technical studies and to prepare t.he "Risk Management & Prevention
Program (RMPP) on the syste:ns that store and ha!1dle chlorine and
sulphur dioxide at the PARWQCP. Chlorine has been identified b~{
the County of Santa clara Health Department -Office of Toxies
Enforcement (OTE) as an Acutely Hazardous Material. OTE is the
Adniinistering Agency for the RMTP legislation as designated by the
California Office of Emergency Services. The requirements for
completing the technical studies and the RMPP are explained in the
-RMPP Guidelines" {Attachment ", ... It) that have becon de.vel·Jped by OTE.
The studies tor the two chemicals, ~hlorine and sulphur dioxide,
shall be handled separately, and reports shall be totally
independent unless authorization fram OTE and the City allow the
two chemicals to be reported jointly.
SCOPE OF WORK
The Consultant shall be responsible for the generation of the
technical information documents. preparation of the RMPP. and
certification of the final RMPP for the PARWQCP as required by the
OTE and as described under Task 1 and Task 2 of this Scope cf 'Work.
The consultant shall perform the works 3nd prepare the reports
based on OTE/s guideline. 'l:he project approach shall be as
outlined in the Consultant's proposal ... .rhich is included as
Attachment nB~ to this Scope of Work.
The Consultant may sub-contra.ct some of the tasks. The portion and
effort of the sub-co!1tracted tasks, and the name (s) of the sub
consultant shall be as identifiec in the Consultant's proposal
(Attachment ~B").
The consultant 91".a11 meet with the PJ..RWQCP and OTE to
draft 'Workplan. including technical approaches to
preparing the technical documents, and the format and
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discuss tns
be used in
contents of
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the RMPP report. The Consultant shall roevieW" and incorporate
inputs a~d comments from OTE and the PARWQCP.
The PARWQCP may hold and conduct meetings to inform th€ public of
the ~PP. The Consultant shall provide technical support at the
public meeti~gs and answer questicns as needed.
Task 1: prepar~tion of the RMPP Technical Studies
The technical information documents includ~-:
L Site Maps
2. Piping and Instrumentation Diagrams (P&ID)
3. Hazard and Operability study (HAZOP)
4. Seismic Analysis
5. External Events Analysis
6. Offsite Consequence Analysis (OCA)
7. Recommendations on Mi tigations
OTE's RMPP Guidelines outline the basic requirements for each of
the3e studies. An explana'tion of the specific ",'ork associated with
these studies is provided in the follo, ... ing paragraphs.
Task 1.1 --Site Maps
The PARWQCP will provide existing site plans, and the CQnsultant
shall modify the site plans as needed and provide the appropriate
site maps as described in the RH?P Guidelines.
Task 1.2 --Piping and Instrument3tion Diagrams (P&IDs}
The PAP~QCP will provide existing P&IDs, and the consultant shall
modify or make corrections tc the P&IDs as needed and provide the
appro~riate P&IDs as described in the RMPP Guidelines.
Task 1.3 --Hazard and Operability Study
The Consultant shall perform the H,/i.ZOP study in accordance with the
method described in the American Institute of Chemical Engineers
(AIChE) "Guidelines for Hazard Evaluation Procedure". The
Consultant shall review the PARWQCP's Emergency Response program,
incorporate the Er..ergency Response Program in the HAZOP if
appropriate, and revise the Emergency Response program in light of
the HAZOP. The HAZOP study shall address all the concerns and
requirements as described in the RMPP Guidelines. In addition, the
HAZOP shall address the OSHA conc€rns such that the HAZOP report
can be used by the PARWQCP to n1eet OSHA Jo.E20, Process Sa.fety
Management, reqtiirements.
Task 1.4 --Seismic Analysis
The Consultant through the subconsultant shall perform a seismic
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analysi~ as described in the RJ.:PP Guidelines. The seismic analysis
shall be performed by a registered structural engineer licensed in
the state of California. All seismic calculations, mod.elin.g~ ar:d
repor-ts shall carry the: signature and seal of the supervising
rE=gie:tered structural engineer. The 'Jork to be. performed under
this task sh~ll include, but not be limited to, the follo\trring:
• Oh~ain and revieW' geotechnical dat.a, characterize the
surface and subsurface conditions at the PARWQCP, and
assess the seismic ground motion parameters.
• Cond.uct seismic 'ioIalJcdown of the: cr.lorine and sulphur
dioxide systems.
• Identify all site specifics and conduct seismic review.
• Perfor.m qualitative evaluation of the systemE including
piping and vessels~ the chlorine and sulphur dioxide
handling and storage facilities, the adjacent buildings,
and the utility systems. The basis and criteria for the
seismic: evaluation shall be as described in the RMPP
GuidE'lines.
• Prepare and submit draft seismic analysis document for
OTE review~ and respond to questions raised by the CTE.
• Review and incorporate all appropr-iate revie ..... comments,
and prepar-e the final seismic analysis document.
Task 1.5 --External Events Analysis
~he consultant shall evaluate the geography and location of the the
PARWQCP and perform an analysis of external events as dp-scribed in
the RMPP Guidelines.
Task 1.6 --Offsite Consequence Analysis (OeA)
The Consultant shall perform the eCA in accar-dance with the RL'f:PF
Guidelines. For purposes of proposal preparation, the Consultant
shall include time and effort for the modeling of one scenario.
The consultant may be required to perform additional modeling when
required by the OTE. The Consultant shall ~ork closely ~ith OTE in
deter~ining the modeling effort. The work to be performed un.der
this task shall include, but not be limited to, the following:
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Revie~ the conclusions of the seismic analysis and HAZOP
study, and revise the work plan for the OCA as needed.
Meet and discuss with aTE the 'Work plan~ technical
approach to emissions calculations, type of release to be
considered, and computer model to be used.
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Ider.tify the most likely
"=onsideration :should be given to
a dual source event (liquid-and
as a ~orst-case event.
release scenarios.
modeling the release as
gas-phase releasej I and
e Characterize the accidental release scenarios for
purposes of dispersion modeling. '2'naracterization s!',a,ll
include release duratL:m, source term, physical and
chemical characteristics.
• obtain and evaluate the actual hourly meteorological data
from. a nearby meteorological monitoring station for
purposes of dispersion modeling. A minimum of three (3)
full years' data shall be acquired to ensuye that the
most pessimistic meteorological conditions are adequately
represented in the model results. The Consultant shall
obtain agreement 'With OTE on the choice of meteorological
data prior to corlducting the final model runs.
• Identify the geographical areas that ~ill be affected by
the facility, and perform dispersicn roodeJing analysis.
The proposal shall include details on the method and the
level of efforts includinq recommendations on the type
and number of receptors to be used to perform this task.
The Consultant shall include the time and nature of the
effort to perfDrm this task based on the proposed level
of effort.
• Prepare draft modeling report and submit for OTE review,
respond to questions raised by OTE t incorporate review
comments including additional analysis if necessary.
• prepare final modeling report. Diskettes containing the
input and output files shall be submitted to the PARWQCP
with the modeling report.
Task 1.7 --Re~ommendations on Mitigations
The Consultant shall prepare a report ~hich details the actions
recommended as a result of the HAZOP study I the seismic ~nalysis,
and the OCA. The report sha)l include an outline on the remedial
work that need to be performed -' and buogatary estimates for all
remedial work exceeding $10,000 in construction cost. The
Consultant shall examine t.he practical:;ility of the R.."1PP in light of
the eXisting facilities and staff availabilty to respond to
emergencies at th .... PARWQCP and provide recorrur;ondations if any.
Tas~ 1.8 --Training
The Consultant shall ge.nerate a training prog!'am and conduct a
training session for the PARWQCP personnel.
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~ask 2; preparation of the RMPP
The Consultant shall prepare t-he Ri'1PP~ The Rl'{PP Guidalines outline
the basic requirements for the pre.paratior. of the RMPP4 In
general, the RMPP shall include reports on the following items;
• Facility Description
• Accident History
• Equipment Hi story
• Design & Operations
• Detection' &: Moni tor ing
• Recommended Acti 01'.s
" Audi ting &: Inspecting
• Record Keeping
" £~ergency Response
• 'Training
" Certification
The Consultant shall meet Vo'ith OTE to discuss the format and
requirements of the RMPP. The consultant shall ~ork closely with
the PARWQCP staff to review and prepare the document. Draft
documents shall be submitted to the FAP~QC? staff for review. The
Consultant shall incorporate review C0mrnents and generate a revised
draf~ for reyie~ by OTE. The consultant shall address all
questions and review comments, including corrections to the RMPP
and the teChnical studies, if necessary, and prepare the final
certified ~~p in accordance ~ith the RMPP Guidelines.
The Consult~nt shall be familiar with OTE's R~PP review pro=edures r
assist the PARWQCP during the review period, address public review
~omments and OTE review comments, and correct and revise the final
RHPP as outlined in-tne RHPP Guidelines.
DELlVERABLES
The Consultant shall prepare five (5) copies of each draft document
for review as described u;-,der cacr; task. Upon completion, the
consultant shall prepare each tecl'mical stUdy and the RMPP as a
separately pound volu1r,e, and submit ten (10) copies of each final
volumg to the PARWQCP.
PROJECT SCHEDULE
It is anticipated that the Project , ... ill begin in early November
1992. The consultant shall complete all technical studies j resolve
all issues ana disagreements, make corrections J and finalize and
submit the tinal technical reports to the PARWQCP by February 26 f
1993~ The final certified RMPP must be subrnit~ed to the PARWQCP by
April 15 f 1993. The CGnsultant shall review the RMPP, and prepare
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and submit a detailed "'ork schedule at the beginnin'3 of the
Project.
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i PrlmatE'en Inc. TEL ~~o,61~~41~'2,'~~:' .,. __ ._ ... __ Oct 21.92 15:~5 No.Ol2,./',
I.T~r, certJllcate I~ IssUld &5 .. matter o( Infora&tf~n ~~Iy .nd c~nf~r~ ~Cr rlshts
up~n thv c.~tl'fc&t. h~r~.r. T~l~ ~~rtlflc~t~ doe, not ~mr~d, eMt~nd ~r ~lter
tht covf!l"agl kfforded t,y the p(' I I c: I f'S I I.tpd' b. f ow.
~RtlDUCER C Lett~r A CNA Insur.nce Co.
o
~ ARCHEft-1"EEK-WEILER/H .. H.C. ,"INC. '" LlE'ttrr P
, 150 PIOI..Jt«) ST.,SU!TE ~08 P
I, C~ Ill",blJa OH 432U5-fj0473 A L~tter C
lNSUREP N
1 Lt'tteor D
-j Pr ' •• tech I Inc-. E
\ 4 .... " Hutth'nfon Av., Suite ZOO S L.ttE'l" E
J Ca1uMbui OH 43238
"
hi" I. to certify t.hat polH:le-1o (of 1~~Ur' .. ncl' listi'd ~.Io"" P"Jtye t'2e-n IIi-.ued t<'l
'~~ Insured n&mrd a~ov. for the p~ljcy perio~ fnd't.t@~. NotwithstiMdln8 any '~Q~frem.nt, term O~ condltlor, 0' _rlY '~ntr~et o~ ~.t~~I· docum.nt ~Ith r~~~ect
~ 0 whj~h thlw ~.rtl'I,~te may b. i5Syed or may ~erttln. the I~~yr~nc~ afforded
" y t,..~ ~o II c I Plio d •• <: r i be-d h,.,... J r. i §. su~Jec:t to ill J tJ'H! t errn~, £',;c I us j ~n'S .n~
~O~dltIQns of such r~Jlti~s. Li~;ts fihpw~ may ~'.V~ be~~ r.d~c~d Ly paid ci~lms.
----------------------------------COVERAGES------------------------------------
,C!) Typt" of Pc'Jc:y" Policy P)lICY Ljrl'1tts
'Ltr I~lur~nc. Ef'~ctjve ~~plraLIQn
GENERAL LIABILITY ---------------------------------------------------------
A <X) CQmmprclal GL
A (l ()Cll.lms Made
BAT01178%:S
BA40119'683
112.6.~~lZ
01/(11/92:.
01/(11/92
01 /(11/'ir~-"
OJ ;C'1/93
e'J 1(1 J 198
(l1/01/9~
Ge-.! .1\3Srp3 52:,000,000
Pr d" ClOp AS''''l. "Cl(l,O(!(i
?e-rslAdv Irl'1,(l00,(I(10
Each Occur SI,(lO(I,Oo.O
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OOOccur-rer,cp
C,,-,r,,:r!; ~ CC,jlt,-
FII"t" Carflil'3'" 50,OCKI
iIledlca.f Ex $ E'>,CKKI )
AUTOMOBILE LIABILITY ------------------------------------------------------Any Auto
AI j Owneod
Sdled''.,LI .. d
Hire';!
Non-(};Jnl'd
) Garase Li.~
flA701178&5-3 01/01/9.:::: "1/i)1/9~ CSL $1,(".)00.000
El.r.IP~!·'5 $
e~I./A'C.c.~,j $
P.O. ,.
EXCESS LIABILITY ---------------------------------------.------------------
I (Xl Umtr,.e-Jh. F(lrm BA7(1117~c~3 OJ/oC11/9Z Cli/0j/93 Each Occ-ur ASSI-E'3at£'
( ) O.T .. Urnt,rella CUPll.2.,f·;:-c8-497 01/01/9'2: ClJ/(l119~ 1,000,,0(10 '1,(1(1(1,000
WORKERS COMPENS~TION ------------------------------------------------------w~(;. WCll2.b~e,'183 OI(r)J/'~::.':. 01/01l93 STAlllTOny
E;J.c:1 Accjtj $
ti I s 11-'0 r fey $
Di"/f:mploy $
--OTHER ---------------------------------------------------------------------
l' ~
~.t __ {~_ ~ L~'!.eJ.e._h _ ~<!4 _ uL-11....,k _~'.:.~t. f' > __ h#J/~o ,,e _b3.Y! ~i.. _1 J_ {:f!?r2'><-&,-
3CRIPTIDN OF Opli!'rl.t I orn;ILc-eat I ('t.-,$./Ve-hJ c j e~/SI='£'C I a I Items a~l~
W,·,..ke.-rl COIT!s:: •• r .. ;~ticon -Statl!' c,f New ,Jer$I!'Y t,r,ly t-jo1
o"-,,,cj.ol_
.ANCELLATZON:; Should ll.ny (,f the abc'vli!' described r.c,1 iere'S b. (. ... ncpl!ed
t..eforeo the ex,:,lra.tIClFI d!.te tl'HH"eof'. tnt.> tSSIJirlS c:c'J(Jj:'arf)' 'WIll E'ndf'avClr
to mall 30 ..iI.Y5 wrltt. • .r, notice-to t .... cer-tlfica1.11 ".oldl<'1" r,amEod t..lc;"'""
but r~llur. tc! mail 'iurtJ tl('otice shitll jInPC.6Eo nc' (,bljGlltic'n cor
liability 01 any kind upon thr cQmp~ny, ~ts itsentr p~ rp~r'es~nt~tjvrs.
AME ar.d ItDDRESS tor (.:ERTIFICAiE UC~DER
-___ ~"tt~E_~J~-~rp----------------~le-Q-~Ji-L~~~~-------______ ~ .. ,,-.JIl1p,_U,, __ =<.W-" ___ _
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Pr'imatec~ Ire. TEL No .5148419805
,Qrlmll Tee;'
POLICY AND PROCEDUReS MA,~UAL
for internal use and dlstr'lbut:on only
STATuS:
SUBJECT: EQual EmpJoymant OooortunitY/AHJr-metive Action
ISSUE OlIn, '2-20-89 ORIGIN" TOR:
FINAL
"EvrSION .:
PrimatfrCh 1 s poliCY is to prOYldo equal opPOrtun'lty In al! o!:sceets of amproyment
practices to aH QuaHfied emplo)'ees and applicants regarclless. of race. $8)(, color.
religion, natJon9l' ori9~n, hancHclP or veteran's ~tatus_
A.n)· 1Qrm of d'GCr'"lmlnatlon In Vjol.s.tfOl'lof the Drovisions 0" Title VIl of 'the Civl~
Rights Act of .,964, as arMonCfe~. Is aiainst the inter'ests of tne company 8r1Cf Its
emPloyee. and wHj not be perrn!ned. Thia poliCy extends to flirirlg, ..... or~ing
conditlonlii~ trainJng programs, promotJons and aH other conditions of employment.
All emPloyees Should feel fr .. tv exercIse their r'ghts under th~~ policy.
It j$ extremely Important that all empioy~s of our Bu.e;lnes& Units comply ...... ith
t~JS policy ancj partlcularfy that members of managem~Mt clearly ac~ot
responsibility in tl1js effort. Attainment of E:qu.a! Opportun1ty and Affirmative
ActIon requires our full and continuing comrrHtment.
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