Loading...
HomeMy WebLinkAboutTracer Environmental Sciences & Technologies; 2007-03-30;PUBLIC WORKS LETTER OF AGREEMENT This letter will serve as an agreement between Tracer Environmental Sciences and Technologies, Inc. , a Corporation (Contractor) and the Carlsbad Municipal Water District (District). The Contractor will provide all equipment, material and labor necessary to perform an audit focusing on the use of chlorine at Maerkle Dam Facility, per the Contractor's proposal dated 2/28/07 and the District specifications, for a sum not to exceed Three Thousand One Hundred Seventy Five dollars ($)3,175.00. This work is to be completed within one hundred eighty calendar days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carlsbad Business License 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City of Carlsbad and the District, and its agents, officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the District; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the District. The expenses of defense include all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensation and employers liability in an insurable amount of not less than five hundred thousand dollars ($500,000) each, unless a lower amount is approved by the City Attorney or the City Manager. Said policies shall name the City of Carlsbad and the District as a co-insured or additional insured. Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Key Rating guide of at least A-:V, and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the District. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statutes, Ordinances and Regulations, including Workers Compensation laws (Division 4, California Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 5. The Contractor 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 sea., and Carlsbad Municipal Code Sections 3.32.025, etseg £*> in it (\J? init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the District to disqualify the Contractor from participating in contract bidding. GH init fljP init 7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Dip County, California. Revised 02;. 8. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. The contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the contract. TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Steven Plyler Water Operations 5950 El Camino Real, Carlsbad. CA 92008 (Project Mgr) (Department) (Address) Tracer Environmental Sciences & Technologies, Inc. (Name of Contractor) (Contractor's License Number) (E-mail Address) By:v(Sign Were) ~ n J (faint Narrje and Title) j&ef CO^P- ZfCSffawi W>Trp. ^ewnZU^L--^•*r'Y*T / "" /*" / ^j ^ g /]iYAeer' r$T. Lffrn U j^ Date 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: **Group B: Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or 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, City Attorney Deputy City Attorney Revised 02/11/02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared . . Name and Title of Officer (e.g., "Jane DM^Iotary Public"}*L Name(s) of Signer(s) •*LK •KMIUI^B Mf ^M^0hJfNMi W. NOO Commtoiion<M71ttM NotafyPubNe-CaMDmia I San Oi«oo County * MyOomn. ^personally known to me D (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) &6are subscribed to the within instrument and acknowledged to me that l^afee/they executed the same in hWh<P/their authorized capacity(ies), and that by hfehgr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above OPTION, Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s Signer's Name: D Individual / Signer's Name: hr/01 nvua ~ ^ f) L. nvua /» Corporate Officer - Title(s): ytCl rtff ft PS/I / ^Corporate Officer - Title(s) .U)rp D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toil-Free 1-800-876-6827 ENVIRONMENTAL SCIENCES & TECHNOLOGIES, INC. 970 Los Vallecitos Blvd., Suite 100 www.tracer-est.com San Marcos, California 92069 tracer@tracer-est.com Office: (760)744-9611 Fax: (760)744-8616 February 28, 2007 Mr. Joe Adams City of Carlsbad Public Works 5950 El Camino Real Carlsbad, CA 92008 RE: Proposal for Three-Year RMP/PSM/CalARP Program Audit Dear Joe: Tracer Environmental Sciences & Technologies, Inc. (Tracer) is pleased to submit this cost proposal to perform an audit for the City of Carlsbad Public Works. The audit will focus on the use of chlorine at the Maerkle Dam Facility (Carlsbad, California) and be performed in accordance with the requirements of the following regulations: Process Safety Management (PSM): Cal-OSHA CCR Title 8, Section 5189 Risk Management Program (RMP): EPA CFR Title 40, Part 68 • California Accidental Release Prevention (Cal ARP) program: OES CCR Title 19, Division 2, Chapter 4.5 Specifically, the Compliance Audits section of the aforementioned regulations will be used to investigate whether the risk management procedures and practices in place under the PSM, RMP, and CalARP standards are adequate and are being fully implemented. Each of the above standards requires that the risk management programs in place at the facility be audited every 3 years; therefore the next compliance audit is due June 2007. An effective audit includes a review of the relevant documentation and process safety information, inspection of the physical facilities, and interviews with all levels of facility personnel. Utilizing the audit procedures and checklists developed by OSHA and EPA will ensure that the audit systematically analyzes compliance with all aspects of the regulations. Tracer proposes to perform the PSM/RMP/Cal ARP Program Audit in two phases: 1) on-site facility audit and 2) report preparation. Tracer will have a senior engineer at the facility to examine existing documentation and programs. In addition, Tracer will interview employees as needed to ensure proper implementation of the programs. Following the on-site audit, Tracer will prepare a report that recommends items to improve implementation of the risk management programs. The following outlines in detail the two subtasks required to complete the audit. Page 2 of4 Mr. Joe Adams February 28, 2007 On-Site Facility Audit A senior engineer from Tracer will conduct a site visit at the Public Works Department (including a site visit to the Maerkle Dam Facility) to examine existing documentation of programs in place. The audit checklist developed by EPA will be used to review existing documentation and the records for compliance with EPA's Risk Management Program. The regulatory criteria of OSHA's PSM and the CalARP Program will also be evaluated under the EPA audit checklist. Examples of documentation that will be reviewed include, but are not limited to, the following: Emergency Response Action Plan (emergency drill records) Management of Change records Contractor Safety records (chemical supply vendor) Incident Investigation Program Training Program/Records Process Hazard Analysis (recommendations and implementation status) Piping & Instrumentation Diagrams Operating Procedures Maintenance Procedures/Schedule Preventive Maintenance Records RMP (& CalARP) Submittal Documentation In addition to the documentation review, Tracer will interview employees that work with (or near) the chlorine water treatment systems to ensure that the programs at the facility have been implemented. The interview sessions will occur during the site visit. Applicable chlorine contractors will be interviewed as necessary. Finally, Tracer will request that one of the written standard operating procedures be performed for observational purposes. This is conducted to ensure that the written procedures are being followed by the employees / contractors. Report Preparation Following the on-site facility audit, Tracer will prepare the audit report. The audit report will contain the completed OSHA and EPA audit forms and results from the on-site audit. The report will be organized as follows: 1. Introduction 2. Audit Methodology 3. Recommendations 4. Implementation Plan 5. Audit Forms Page 3 of4 Mr. Joe Adams February 28, 2007 In addition, Tracer will require the assistance of Carlsbad Public Works personnel to develop the Recommendation Implementation Plan. In accordance with each regulation, a facility must include a plan and schedule for implementing the corrective actions. This will include a schedule for completion of recommendations, assignment of facility personnel to implement recommendations, and follow-up documentation that the recommendations have been resolved. The list of recommendations will identify deficiencies in the documentation and will comprise a list of action items needed to reach full compliance status with the RMP (and PSM) regulation. Project Costs The fixed-fee costs to perform the aforementioned tasks for the RMP/PSM/CalARP Program audit for the City of Carlsbad Public Works - Maerkle Dam Facility are outlined below. Travel costs are included in the facility total under "Other Direct Costs." Fixed-Fee Audit Costs Task 1 Prep / On-Site Audit 2 Report Preparation Time Senior Engineer: 10 hours @ $85.00/hour Senior Engineer: 24 hours @ $85.00/hour Audit Reviewer: 2 hours @ $125.00/hour Other Direct Costs (travel, supplies, shipping, etc.) Facility Total Cost $ 850.00 $ 2040.00 $ 250.00 L S 35.00 $ 3,175.00 Please note that any revisions or updates to the City of Carlsbad Public Works PSM/RMP documentation are not included in this proposal. 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 contact me at 760-744-9611 x!02. Sincerely, Tracer ES&T ake Tilley Senior Engineer - 'Risk Management Page 4 of4 Mr. Joe Adams February 28, 2007 To be completed by City of Carlsbad Public Works for project authorization: I, as an agent of City of Carlsbad Public Works, agree to the scope of work listed above in this letter, hereby authorize Tracer ES&T to proceed with this project. Project Approved By: Print Name Title / ' Date Project Total: S <5 1~VO' P.O#. cc: Steve Plyler, City of Carlsbad Public Works