HomeMy WebLinkAboutTracer Environmental Sciences & Technologies Inc; 2009-03-30;AGREEMENT FOR Five-year PSM/RMP/CalARP Program Revalidation.SERVICES
Tracer Environmental Sciences & Technologies, Inc.
THIS AGREEMENT is made and entered into as of the b day of March . 2009, by
and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized
under the Municipal Water Act of 191 1 , and a Subsidiary District of the City of Carlsbad, referred
to as ("CMWD"), and Tracer Environmental Sciences & Technologies, Inc. a Corporation,
("Contractor").
RECITALS
CMWD requires the professional services of a contractor that is experienced in
PSM/RMP/CalARP Program Revalidation. Contractor has the necessary experience in providing
these professional services, has submitted a proposal to CMWD and has affirmed its willingness
and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1 . Scope of Work. CMWD retains Contractor to perform, and Contractor agrees to render,
those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this
reference in accordance with the terms and conditions set forth in this Agreement.
2. Term. This Agreement will be effective for a period not to extend past June 30, 2009.
3. Compensation. The total fee payable for the Services to be performed will be Five
Thousand Five Hundred Thirty Five dollars ($5,535.00). No other compensation for the Services
will be allowed except for items covered by subsequent amendments to this Agreement. CMWD
reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work
and/or the Services specified in Exhibit "A."
4. Status of Contractor. Contractor will perform the Services as an independent contractor
and in pursuit of Contractor's independent calling, and not as an employee of CMWD.
Contractor will be under the control of CMWD only as to the results to be accomplished.
5. Indemnification. Contractor agrees to indemnify and hold harmless the City and its
officers, officials, employees and volunteers from and against all claims, damages, losses and
expenses including attorneys fees arising out of the performance of the work described herein
caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-administered
workers' compensation is included as a loss, expense or cost for the purposes of this section,
and that this section will survive the expiration or early termination of this Agreement.
6. Insurance. Contractor will obtain and maintain policies of commercial general liability
insurance, automobile liability insurance, a combined policy of workers' compensation,
employers liability insurance, and professional liability insurance from an insurance company
authorized to transact the business of insurance in the State of California which has a current
rating in the Best's Key Rating guide of at least A- VII OR with a surplus line insurer on the State of
California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide
General Counsel Approved Version #05.06.08
of at least "A:X", in an amount of not less than one million dollars ($1,000,000)) each, unless
otherwise authorized and approved by the General Counsel or the Executive Manager.
Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written
as claims-made coverage. The insurance will be in force during the life of this Agreement and
will not be canceled without thirty (30) days prior written notice to the CMWD by certified mail.
CMWD and the City of Carlsbad will be named as additional insureds on General and
Automobile liability. Contractor will furnish certificates of insurance to CMWD, with
endorsements to CMWD prior to CMWD's execution of this Agreement.
7. Conflict of Interest. CMWD will evaluate Contractor's duties pursuant to this Agreement
to determine whether disclosure under the Political Reform Act and CMWD's Conflict of Interest
Code is required of Contractor or any of Contractor's employees, agents or subcontractors.
Should it be determined that disclosure is required, Contractor or Contractor's employees,
agents, or subcontractors will complete and file with the Secretary of the Board those schedules
specified by CMWD and contained in the Statement of Economic Interests Form 700.
8. Compliance With Laws. Contractor will comply with all applicable local, state and federal
laws and regulations prohibiting discrimination and harassment and will obtain and maintain a
City of Carlsbad Business License for the term of this Agreement.
9. Termination. CMWD or Contractor may terminate this Agreement at any time after a
discussion, and written notice to the other party. CMWD will pay Contractor's costs for services
delivered up to the time of termination, if the services have been delivered in accordance with
the Agreement.
10. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to
civil penalties for the filing of false claims as set forth in the California False Claims Act,
Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et
seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the
Carlsbad Municipal Water District to terminate this Agreement.
11. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the
State Superior Court, San Diego County, California.
12. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any
monies due or to become due under it, without the prior written consent of CMWD.
13. Amendments. This Agreement may be amended by mutual consent of CMWD and
Contractor. Any amendment will be in writing, signed by both parties, with a statement of
estimated changes in charges or time schedule.
General Counsel Approved Version #05.06.08
14.Authoritv. The individuals executing this Agreement and the instruments referenced in it on
behalf of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions of this Agreement.
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized/
under the Municipal Water Act of 191
and a SubsidiaVy Dis#?ct<
Carlsbad(si^n here)"' /
Patricia L. Pyle, Vice President
(print name/title)
lee@tracer-est.com
(e-mail address,)
By:
ATTEST:
.
(Sffgrynere)
Gregory J. Mauser, Corp Secretary
(print name/title)
g reg@tracer-est. com
LORRAINE M. WOOD,,,,...,,,,
Secretary oxXAC*W. fe%
//&"*$&
If i)!
(e-mail address)
If required by CMWD, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation. Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A:
Chairman,
President, or
Vice-President
"Group B:
Secretary,
Assistant Secretary,
CFOor
Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel
Deputy General
General Counsel Approved Version #05.06.08
EXHIBIT "A"
SCOPE OF SERVICES
See attached
General Counsel Version#05.06.08
ENVIRONMENTAL SCIENCES & TECHNOLOGIES, INC.
970 Los Vallecitos Blvd., Suite 100
San Marcos, California 92069
Office: (760) 744-9611
Fax: (760) 744-8616
www.tracer-est.com
tracer® tracer-est.com
On-Line Safety Training Demo at www.tracer-esl.com
December 1, 2008
Mr. Steve Plyler
City of Carlsbad Public Works
5950 El Camino Road
Carlsbad, CA 92008
RE: Proposal for Five-Year PSM/RMP/CalARP Program Revalidation
Dear Mr. Plyler:
Tracer Environmental Sciences & Technologies, Inc. (Tracer) is pleased to submit this cost proposal
to conduct the required 5 Year studies and update the documentation associated with the following
regulations:
• EPA 40 CFR Part 68, Risk Management Program (RMP)
• OSHA 29 CFR Part 1910.119, Process Safety Management (PSM)
• California Accidental Release Prevention (CalARP) Program
All three regulations require the following revisions/updates at the five-year anniversary:
1. A facility must revise and update the Risk Management Plan submittal "within five years of
its initial submission" (CalARP Program section 2745.10 (a)(l)).
2. A facility shall "review and update the offsite consequence analyses at least once every five
years" (CalARP Program section 2750.7(a)).
3. "At least every five years after the completion of the initial PHA, the PHA shall be updated
and revalidated." (CalARP Program section 2760.2 (f)).
To address these requirements, the following tasks will be included in the 5-Year Revalidation /
Update scope of work:
1. Revalidate the Process Hazard Analysis. (Due: May 2009)
2. Provide an update to the existing Hazard Assessment to include current population data
(2000 census data) and document any changes to receptors. (Due: May 2009)
3. Update resubmittal documents to the County of San Diego Department of Environmental
Health and the RMP (RMP*Submit) to EPA. (Due: June 2009)
4. Revalidate Seismic Assessment. (Due: June 2009)
Page 2 of 3
Mr. Steve Plyler
December 1, 2008
&T
The following table outlines the cost for each task.
Task
Task 1 : Revalidate the Process Hazard Analysis
Task 2: Hazard Assessment Update
Task 3: Update Submittal to San Diego County Department of
Environmental Health (Risk Management Plan) and EPA RMP
Task 4: Revalidate Seismic Assessment
Other Direct Costs (travel, copies, postage, etc.)
.- . • / ;' :'f'7^ri^W:''^ S^t^^fe^
Cost
$ 2,560
$ 1,000
$ 1,000
$ 900
$ 75
K "1 JF ?*•'}* V,»jfS " *
NOTE: This cost does not include any fees that may be charged by the regulatory agencies.
Standard Terms Tracer will submit invoices every four weeks. Payment is due in 30 days.
All invoices past 90 days will carry a 1.5% late charge. Invoices past 120
days will carry a 5% late charge.
If you have any questions, please feel free to call me (760-744-9611 x!02).
Sincerely,
Tracer ES&T
Jake Tilley
Senior Engineer - Risk Management
COPY
Page 3 of 3 F= Q A T"Mr. Steve Plyler Ci *J Ot I
December 1, 2008
To be completed by City of Carlsbad Public Works:
I, as an agent of City of Carlsbad Public Works, agree to the scope of the work listed above in
this letter. I hereby authorize Tracer ES&T to proceed with this project.
Project Approved By:
Print Name ignature
Title Date
$ 5.535
Amount PO #