HomeMy WebLinkAbout1993-038
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RESOLUTION NO. 93-38
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
1 EXECUTION OF AN AGREEMENT BY AND BETWEEN EMCON ASSOCIATES AND THE
2 PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO.
3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
4
SECTION 1.
The Mayor is hereby authorized and directed to
5 execute on behalf of said City an Agreement by and between EMCON
6 Associates and the City of San Bernardino on behalf of the Public
7 Services Department, a copy of which is attached hereto, marked
8 Exhibit "A" and incorporated herein by reference as fully as though
9 set forth at length.
10
11
SECTION 2.
The authorization to execute the above referenced
agreement is rescinded if the parties to the agreement fail to
12 execute it within sixty (60) days of the passage of this resolution.
13
I HEREBY CERTIFY that the foregoing resolution was duly adopted
14 by the Mayor and Common Council of the City of San Bernardino at a
15
16 1993, by the following vote, to wit:
17
18
rpgll1rlr
meeting thereof, held on the
15th day of February
Council Members:
Abstain
Ayes
Nays
Absent
ESTRADA
--X-
19 REILLY
20
--X-
HERNANDEZ
--X-
21 MAUDSLEY
22
--X-
MINOR
--X-
23 POPE-LUDLAM
24 MILLER
25
26
27
28
--X-
-----'L-
lZ~c~
January 20, 1993
I
res ,936038
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BY AND BETWEEN EMCON ASSOCIATES AND THE
1 PUBLIC SERVICES DEPARTMENT OF THE CITY OF SAN BERNARDINO.
2
3 r--~ The foregoing
n~'\l.\.,"'I.0.I, 1993.
\
resolution is hereby
~ day of
4
5
comb, Mayor
an Bernardino
6 Approved as to form and
7 legal content:
8
James F. Penman,
City Attorney
1: By: ~/'ML<) ? /~~
11(/
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
January 20, 1993
2
l
. .-
~~.." c.:,,"-2,-~<-b
EXHIBIT (A)
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
This AGREEMENT is made and entered into this ~L\~
day of ~~~)"\.)..<;:..'" .\ , 1993, by and between the CITY OF SAN
BERNARDINO ("CITY") and 'iMCON ASSOCIATES, a California corporation,
hereinafter referred to as "CONSULTANT."
THE PARTIES AGREE AS FOLLOWS:
1. SCOPE OF SERVICES:
CONSULTANT shall perform a feasibility comparison of
three alternative solid waste transfer station/material recovery
sites for the PUBLIC SERVICES DEPARTMENT as specified in the
proposal dated November 20, 1993, a copy of which is attached
hereto as Exhibit "B" and incorporated as though set forth in full.
2 . TERMS
This Agreement shall commence upon execution of this
contract by both parties, and shall remain in full force and effect
for a period of 60 days unless terminated sooner as provided
herein. The City Administrator or designee is authorized to extend
this Agreement for up to 60 additional days and approve adjustments
to the Agreement's program budget as long as either of such
amendments are upon the same terms and conditions as specified
herein, and as long as such adjustments are within the City
Administrator's contracting authority.
Page 1 of 11
RES 93-38
I.,
.
I
3.
CITY SUPPORT:
CITY shall provide CONSULTANT with documents, and support
services, as specified in Exhibit "B."
4. CONSULTANT RESPONSIBILITIES:
The CONSULTANT may reasonably rely upon the accuracy of
data provided through the CITY or its agents without independent
evaluation. CONSULTANT shall complete the work program described
in Exhibit "B." CONSULTANT commits the principal personnel listed
below to the project for its duration:
CONSULTANT:
Michael Dean
Vice President
EMCON Associates
and his staff
as described
in exhibit "B".
s. REPLACEMENT OF NAMED PERSONNEL:
It has been determined that the individuals named in this
Agreement are necessary for the successful performance of this
Agreement. No diversion or replacement of these individuals shall
be made by CONSULTANT without written consent of the City
Administrator or designee, provided that CITY may ratify, in
writing, within ten (10) days of diversion or replacement and such
ratification shall constitute the consent of CITY required by this
clause.
If CITY fails to respond to CONSULTANT within ten (10)
days of notification by CONSULTANT, said personnel diversion or
replacement shall be deemed approved.
6. CHANGES/EXTRA SERVICES:
A. Performance of the work specified in the proposal is
made an obligation of CONSULTANT under this Agreement, subject
Page 2 of 11
,-
. RES 93-38
to any changes made subsequently upon mutual agreement of the
parties. All such changes shall be incorporated by written
amendments to this Agreement and include any increase or
decrease in the amount of compensation due CONSULTANT for the
change in scope. Any change which has not been so
incorporated shall not be binding on either party.
B. No extra services shall be rendered by CONSULTANT
under this Agreement unless such extra services are
authorized, in writing, by the City Administrator or designee
prior to performance of such work. Authorized extra services
shall be invoiced based on prior approval by the city
Administrator or designee.
C. Any extra services which cause the total cost of
CONSULTANT's services to exceed thirty eight thousand dollars
($38,000) must be approved by the Mayor and Common council of
the CITY.
7. COMPENSATION:
A. During the term of this Agreement, CITY shall pay
CONSULTANT, for each completed deliverable, as defined in Task
6 and Task 7 (pages 10 and II) of Exhibit "B", the fixed, not-
to-exceed fees described in the cost estimate chart on Page 2
of Exhibit "C". Said compensation shall be considered full
and complete reimbursement for all of CONSULTANT's costs
associated with the services provided hereunder. The maximum
compensation for services, including all CONSULTANT's costs,
Page 3 of II
RES 93-38
under the terms of this Agreement, shall not exceed thirty
eight thousand dollars ($38,000).
B. Said compensation shall not be altered unless there
is significant alteration in the scope, complexity or
character of the work to be performed. Any such significant
al teration shall be agreed upon, in writing, by the City
Administrator and CONSULTANT before commencement of
performance of such significant alteration by CONSULTANT.
Any adjustment of the total cost of services will
only be permitted when the CONSULTANT establishes and City
Administrator has agreed, in writing, that there has been, or
is to be, a significant change in:
1) Scope, complexity, or character of the services to
be performed;
2) Conditions under which the work is required to be
performed; and/or,
3) Duration of work, if the change from the time period
specified in the Agreement for Completion of the work
warrants such adjustment. Any such adjustment which
causes the total cost of CONSULTANT's services to exceed
thirty eight thousand dollars ($38,000) must be approved
by the Mayor and Common Council.
8. PAYMENT:
A. The billings for all services rendered pursuant to
this Agreement shall be submitted by CONSULTANT to the City
Administrator or designee, based on Item 7, Compensation,
Page 4 of 11
RES 93-38
above, and in the manner and form as prescribed by the City
Administrator. Deliverables as specified in Exhibit "B" shall
be completed prior to each payment and prior to final payment.
B. Should litigation be necessary to enforce any term
or provision of this Agreement, or to collect any portion of
the amount payable under this Agreement, all litigation and
collection expenses, witness fees and court costs, and
attorney's fees shall be paid to the prevailing party.
9. RIGHT TO AUDIT:
The CITY or any of its duly authorized representatives
shall have access to any books, documents, paper and records
of the CONSULTANT and/or its subcontractors which are
pertinent to the specific program hereunder for the purpose of
making an audit, an examination, excerpts and transcriptions.
All books, records and supporting detail shall be retained for
a period of five (5) years after the expiration of this
Agreement, or any extension thereof, or for any longer period
of time as required by law.
10. COMPLIANCE WITH CIVIL RIGHTS LAWS:
CONSULTANT or any subcontractor of CONSULTANT shall not
discriminate in its recruiting, hiring, promotion, demotion or
termination practices on the basis of race, religious creed,
color, national origin, ancestry, sex, age or physical
handicap in the performance of this Agreement and shall comply
with the provisions of the State Fair Employment Practices Act
as set forth in Part 4.5 of the Division 2 of the California
Page 5 of II
RES 93-38
Labor Code, the Federal Civil Rights Act of 1964, as set forth
in Public law 88-352, and all amendments thereto; Executive
Order 11246; and, all administrative rules and regulations
issued pursuant to such acts and order.
11. TERMINATION OF AGREEMENT:
A. This agreement may be terminated by either party
upon thirty (30) days' written notice in the event of
substantial failure of the other party to perform in
accordance with the terms of this Agreement. Each party shall
have twenty (20) days following date of such notice within
which to correct the substantial failure giving rise to such
notice. In the event of termination of this Agreement, CITY
shall within thirty (30) days pay CONSULTANT for all fees,
charges and services performed in acordance with the terms and
schedule in Exhibit "B" by CONSULTANT. CONSULTANT hereby
covenants and agrees that upon termination of this Agreement
for any reason, CONSULTANT will preserve and make immediately
available to CITY, or its designated representatives, notes,
data, correspondence, or records related to work paid for the
CITY and required for its timely completion, and to fully
cooperate with CITY so that the work to be accomplished under
this Agreement may continue within thirty (30) days of
termination. Any subsequent use of such incomplete documents
shall be at the sole risk of the CITY and the CITY agrees to
hold harmless and indemnify CONSULTANT from any claims,
losses, costs, including attorney's fees, and liability
Page 6 of 11
: RES 93-38
arising out of such use. CONSULTANT shall be compensated for
such services in accordance with Exhibit "C."
B. This Agreement may be terminated for the convenience
of the CITY upon thirty (30) days' written notice to
CONSULTANT. Upon such notice, CONSULTANT shall provide work
product to CITY, and CITY shall compensate CONSULTANT for
deliverables completed to date.
C. Following the effective date of termination of this
Agreement pursuant to this section, the Agreement shall
continue until all obligations arising from such termination
are satisfied.
12. CONTINGENCIES:
In the event that, due to causes beyond the control of
and without the fault or negligence of CONSULTANT, CONSULTANT
fails to meet any of its obligations under this Agreement, and
such failure shall not constitute a default in performance,
and the CITY may grant to CONSULTANT such extensions of time
and make other arrangements or additions, excepting any
increase in payment, as may be reasonable under the
circumstances. Increases in payment shall be made only under
the "changes" provision of this Agreement. CONSULTANT shall
notify CITY within three (3) calendar days, in writing, when
it becomes aware of any event or circumstance for which it
claims or may claim an extension.
Page 7 of II
RES 93~38
13. INDEPENDENT CONTRACTOR:
CONSULTANT shall act as an independent contractor in the
performance of the services provided for under this Agreement.
CONSULTANT shall furnish such services in its own manner and
in no respect shall it be considered an agent or employee of
the CITY.
14. ASSIGNMENT OR SUBCONTRACTING:
Any attempt by CONSULTANT to assign or subcontract any
performance of this Agreement to any other subcontractor
without the written consent of the CITY shall be null and void
and shall constitute a breach of this Agreement. The
subcontract shall contain all provisions of this contract.
15. NOTICES:
All official notices relative to this Agreement shall be
in writing and addressed by certified mail or receipt
acknowledged hand delivery to the following representatives of
CONSULTANT and the CITY:
CONSULTANT
CITY
Mr. Mike Dean
Vice President
EMCON Associates
140 Camino Ruiz
Camarillo, CA 93012-6700
Ms. Shauna Clark
City Administrator
city of San Bernardino
300 North "0" Street
San Bernardino, CA 92408
16. SEVERABILITY AND VALIDITY:
In the event that any provision herein contained is held
to be invalid, void, or illegal by any court of competent
jurisdiction, the same shall be deemed severable from the
remainder of this Agreement and shall in no way affect,
Page 8 of 11
RES 93-38
impair, or invalidate any other provision contained herein.
If any such provision shall be deemed invalid due to its scope
or breadth, such provision shall,be deemed valid to the extent
of the scope or breadth permitted by law.
17. INDEMNITY:
CONSULTANT shall indemnify, defend and hold harmless CITY
from and against any and all claims, demands, suits, actions,
proceedings, judgments, losses, damages, injuries, penalties,
costs, expenses (including attorney's fees) and liabilities,
of, by, or with respect to third parties, which arise from
CONSULTANT's negligent performance of services or from any
Worker's Compensation Claims of any employees, agents, or
subconsultants of CONSULTANT for services performed under this
Agreement. CONSULTANT shall not be responsible for, and CITY
shall indemnify, defend and hold harmless CONSULTANT from and
against, any and all claims, demands, suits, actions,
proceedings, judgments, losses, damages, injuries, penalties,
costs, expenses (including attorney's fees) and liabilities
of, by, or with respect to third parties, which arise solely
from the CITY's negligence. with respect to any and all
claims, demands, suits, actions, proceeding, judgments,
losses, damages, injuries, penalties, costs, expenses
(including attorney's fees) and liabilities of, by, or with
respect to third parties, which arise from the joint or
concurrent negligence or Workers' Compensation claims of
Page 9 of II
RES 93-38
CONSULTANT and CITY, each party shall assume responsibility in
proportion to the degree of its respective fault.
18. LIABILITY/INSURANCE:
A. CONSULTANT's liability insurance for injury or
damage to persons or property arising out of work for which
legal liability may be found to rest upon CONSULTANT other
than for professional errors and omissions, shall be
comprehensive general liability with combined single limit of
not less than $1,000,000 per occurrence. This is a minimum
level of insurance only, and shall not be construed as
limiting CONSULTANT's liability in any way. For any damage on
account of any error, omission, or other professional
negligence, CONSULTANT's insurance shall be limited in a sum
not to exceed $50,000 or CONSULTANT's fee, whichever is
greater.
B. CONSULTANT shall provide evidence of insurance in
the form of a policy of insurance, in which the city of San
Bernardino is named as an additional insured to the extent of
the coverage required by this Agreement.
19. ENTIRE AGREEMENT:
This Agreement represents the entire and integrated
agreement between the parties hereto and supersedes all prior and
contemporaneous negotiations, representations, understanding and
agreements, whether written or oral, with respect to the subject
matter thereof. This Agreement may be amended only by written
instrument signed by both parties.
Page 10 of 11
RES_93-38
'. ,
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the date written above by their duly
authorized officers on their behalf.
\=e~ ~,,\, \<\~~
Date Signed' ,
;
ATTEST:
c{5.~ ~
BMCON ASSOCIATES
BY~~
BY~~ M!rI.1,,,,T. Ce:6j(N1~
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
Page 11 of 11
RES 93-38
t;;;\ emcon Associates
~ c:: J~'C,= Ru". ;::~ncJ" = = JOe" =<,
.~. (8051 389.3771. fJ' .c.
Mr. Kevin Barnes
Refuse Superintendent
City of San Bernardino
Public Service Department
300 Nonh D Street
San Bernardino, California 92418
Re: Revised Schedule for the Feasibility Comparison
of Alternative Solid Waste Transfer
Station/Material Recovery Sites Proposal
Dear Mr. Barnes:
EXHIBIT (B)
f.E:~'
January 20, 1993
Proposal P92-101.61
"
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Enclosed are two copies of the revised Project Schedule (Revision 1) which replaces the
Project Schedule included in our proposal dated November 20, 1992. Please include this
Revised Schedule in the documents you forward to the City Counci1.. Thank you.
Sincerely,
EM CON Associates
~CL-
Michael 1. Dean
Vice President
Regional Director of Solid Waste Services
M1D:eeb
Enclosure: Project Schedule
VG1'9210161\P012093.WP5oJ-93 eeb:O
RECEIVED
JAN 2 5 1993
REFUSE
@
RES 93-38
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Pnr:ted on Rec,c'e-::: ;;a08'
RES 93-38EXHIBIT (B)
~ EmCOn' Associates _~. _ ___,_" , .
W 140 Comino Ruiz . Camarillo, Califarnia 93012-6700. (805) 389-3771 . Fax (805) 389-3779
-.-\
January 20, 1993
Proposal P92-101.61
Mr. Kevin Barnes
Refuse Superintendent
City of San Bernardino
Public Service Department
300 North D Street
San Bernardino, California 92418
Re: Revised Schedule for the Feasibility Comparison
of Alternative Solid Waste Transfer
Station/Material Recovery Sites Proposal
Dear Mr. Barnes:
Enclosed are two copies of the revised Project Schedule (Revision 1) which replaces the
Project Schedule included in our proposal dated November 20, 1992. Please include this
Revised Schedule in the documents you forward to the City Council. Thank you.
Sincerely,
EMCON Associates
~O----
Michael 1. Dean
Vice President
Regional Director of Solid Waste Services
RECEIVED
JAN 2 5 1993
REFUSE
MJD:eeb
Enclosure: Project Schedule
VCIP9210161\P012093.WP5:J-93 eeb:O
@
RES 93-38
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RES 93-38
EXHIBIT (el
Proposal to Perform a Feasibility Comparison
of Alternative Solid Waste Transfer
Station/Material Recovery Facility Sites
Charges for Professional Services
Prepared for
City of San Bernardino
Public Services Department
November 1992
Prepared by
EMCON Southwest
1430 East Cooley Drive, Suite 130
Colton, California 92324-3941
Proposal P921 01-061
Pflnlf!d on Recycled Paper
RES'93-38
CHARGES FOR PROFESSIONAL SERVICES
The estimated cost for the scope of work presented in our Proposal to
Perform a Feasibility Comparison of Alternative Solid Waste Transfer
Station/Material Recovery Facility Sites is presented in the following table.
Because the evaluation of economies of scale and modularity are an
integral part of EMCON's approach to the work, we included the 1,000 tpd
and 2,500 tpd scenarios in our scope of work and cost estimate. If the
City desires to forego the evaluation of the 2,500 tpd facility, our cost
estimate will be adjusted accordingly. EMCON will conduct this work on a
time-and-expense basis in accordance with the attached Schedule of
Charges. The rates shown on the attached table are averages. The
specific hourly rates charged for this project will depend upon the upon the
specific individual working on the project.
P921 01IPl 12092.DOC:VCJsbz(P92101 -061)
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RES 93-38
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SCHEDULE OF CHARGES
PERSONNEL CHARGES
Professional
Senior Executive. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $115 _ 140lhr
Executive Managers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 99 _ 122/hr
Project Managers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 76 _ 122/hr
Senior Professional Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 76 _ 122/hr
Certified Industrial Hygienists/Toxicologists . . . . . . . . . . . . . . . . . . . $ 76 _ 116/hr
Professional Staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 58 _ 91/hr
Technical
Samplers/Field Technicians. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$36 _ 59/hr
Drafti~g1CADD/DesiQners. . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . $58 - 91/hr
Technical Writers/Editors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$46 _ 71/hr
Technical Staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $49 _ 71/hr
Non-Technical
Rate Per Hour
Word Processors (includes equipment) . . . . . . . . . . . . . . . . . . . . . . . $43 _ 541hr
SecretarieS/ClericaVReproduction. . . . . . . . . . . . . . . . . . . . . . . . . . .$33 - 53/hr
Depositions and Expert Witness Testimony will be charged at 150% of above rates.
Travel time will be charged in accordance with the above rates, up to a maximum of
8 hours per day.
DIRECT CHARGES
Xerox Reproduction, per sheet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.15
Auto or Pickup Truck, per mile. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.45
4 x 4 Trucks, per mile. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.55
Oversize Drawings and Reproduction per sheet. . . . . . . . . . . . . . . . . . . . . . . $3.00
Reproducible Drawings per sheet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12.00
ATTACHl8CHEDULE.DOC
1012
Rev.1M @
8f: -f: 6 SID!
RES 93-38
.
OUTSIDE SERVICES
Charges for special outside services, equipment and facilities not furnished directly by
EMCON Southwest will be billed at cost plus 15 percent. Such charges may include,
but shall not be limited to, the following services:
Printing and photographic reproduction
Rented vehicles
Transportation on public carriers
Subconsultants
Special fees, permits, insurance, etc.
Rental and operation of drilling equipment
Rented field equipment
Shipping charges
Meals and lodging
Consumable materials
SUPPLEMENTAL SCHEDULES OF CHARGES
. Soils Laboratory
. Chemical Laboratory
Computer Charaes
Routine Applications (excluding word processing) . . . . . . . . . . . . . . . . $15 _ 20/hr
CADD/Modeling. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30/hr
. Chargeable Equipment
Rate Chanoes
Schedule of Charges and Standard Equipment Rates are subject to change without
notice.
Payment
Monthly invoices are to be paid within 30 days from invoice date. Interest on late
payments will be charged at the rate of 18% per annum.
ATTACHnSCHEDULE..OOC
2012
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. tES93 -38
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l;mCOn Associates
'EXHIBIT (B)
140 Camino Ruiz. Camarillo, California 93012-6700. (805) 389-3771. Fax (805) 389-3779
November 20, 1992
Proposal P92101-061
Mr. Kevin Barnes
Refuse Superintendent
City of San Bernardino
Public Services Department
300 North D Street
San Bernardino, California 92418
Re: Proposal to Perform a Feasibility Comparison
of Alternative Solid Waste Transfer
Station/Material Recovery Sites
Dear Mr. Barnes:
EMCON Associates (EMCON) is pleased to submit this proposal to assist
the City of San Bernardino (City) in conducting a feasibility comparison of
alternative solid waste transfer station/material recovery sites. This
proposal was prepared in response to the Request for Proposal (RFP)
dated November 4, 1992.
EMCON is well qualified to successfully complete this project. We are one
of the nation's leading full-service waste management engineering firms
with 21 years of experience. Our qualifications include:
. Demonstrated technical competence. EMCON has
successfully completed over 10 material recovery facility
(MRF) feasibility studies and conceptual designs in
Southern California in the past 3 years, and conducted
over 40 waste composition and quantification studies in
Southern California.
. Local knowledge. EMCON prepared the SRRE and
HHWE for the City, as well as for the other entities in the
East San Bernardino Valley.
. Reputation. EMCON has a successful track record and a
reputation for developing pragmatic and cost-effective
solutions.
@
P921 01IP112092,DOC:VCJsbz(P921 01-061)
RES 93-38
Mr. Kevin Barnes
l)Ioveml:Jer 20,,1992
Page i . ,
" ,
Prcpo3al }'921 01-061
EMCON has assembled a strong, experienced, and diversified in-house
team of highly qualified professionals. Our team has extensive experience
in all aspects of TS/MRF planning, design construction, and operation.
Our proposed scope of work is responsive and practical and incorporates
the benefits of EMCON's experience. We have the ability to plan, provide,
and manage the tasks necessary to complete this project. In addition, with
our company's resources, totaling nearly 1,000 people, we can respond
quickly to the City and can handle a project of this nature with our existing
workload.
We trust that your review of our qualifications and experience will convince
you of our technical competence and that EMCON is the right match for
your needs. Our intent is to provide you with the highest quality of
professional services. We look forward to working with you.
Sincerely,
EMCON Associates
.-----?; " ;1--.
///t~-~
Michael J. Dean .or
Vice President
Regional Director, Solid Waste Services
MJD:sbz
P92101\P112092,DOC:VCJsbz(P92101-061 )
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