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HomeMy WebLinkAbout1999-04-06; City Council; 15127; California Accidental Release Prevention ProgramB iz it 4 . . e 2 2 3 .!t .g -.% .’ . . p 2 J 23 5 : - CITY OF CARLSbADICARLSBAD MUNICIPAL WATkti DISTRICT - I AB# 15123 TITLE- APPROVAL OF CONTRACT WITH TRACER GONMENTAL SCIENCES & TECHNOLOGIES, INC. AND MTG. 04/06/99 APPROPRIATION OF FUNDS TO DEVELOP PROGRAMS FOR COMPLIANCE WITH THE CALIFORNIA ACCIDENTAL DEPT. CMWD RELEASE PREVENTION PROGRAM CITY ATTY. CITY MGR RECOMMENDED ACTION: Adopt City Resolution No. cS9- l/ 3 and District Resolution No. /oY ‘7 approving a contract with Tracer Environmental Sciences & Technologies, Inc. and appropriating funds from the FY 1998-99 Water Operations and General Fund fund balances to develop the necessary risk and safety programs for compliance with the California Accidental Release Prevention Program. ITEM EXPLANATION: A Request for Proposal was requested and received to collect and prepare the necessary information and documents to meet the requirements of California Senate Bill 1889, known as the California Accidental Release Prevention Program. The City of Carlsbad and the Carlsbad Municipal Water District operate four chlorination facilities and are required to review and/or develop prevention programs, process hazard analysis, hazard assessment and seismic/external events analysis and document submittal for these facilities. Staff recommends approval of the contract with Tracer Environmental Sciences & Technologies, Inc. based on their experience performing risk and safety studies with facilities similar to ours and proven expertise in environmental sciences and technology. FISCAL IMPACT: The proposed budget for the analysis and program development is: Maerkle Dam Upper and Lower Chlorination Stations (RMP/CalARP Program 3 and PSM) $21,690 Swim Complex (CalARP Program 3 and PSM) 5,000 ‘ID” Reservoir Chlorination Station (CalARP Program 2) 10.915 $37,605 15% Contingencies 5,640 CONTRACT TOTAL: $43,245 Staff is requesting $5,000 from the General Fund contingency account for the Aquatics Program budget and $38,245 from the Water Operations Fund balance for the water operations budget to complete the analysis. There are sufficient funds available for-these appropriations. Page 2 of Agenda Bill No. 1’ I/ a 3 ENVIRONMENTAL REVIEW: The risk and safety program for the chlorination facilities are exempt from environmental impact reports or negative declarations in accordance with CEQA Section 15262 Feasibility and Planning Studies. EXHIBITS: 1. Location Map. 2. City Council Resolution No. ci’9 - / / 3 approving a contract with Tracer Environmental Sciences & Technologies, Inc. and appropriating funds from the FY 1998- 99 General Fund fund balance to develop the necessary risk and safety programs for compliance with the California Accidental Release Prevention Program. 3. Carlsbad Municipal Water District Board of Directors Resolution No. /DL/7 approving a contract with Tracer Environmental Sciences & Technologies, Inc. and appropriating funds from the FY 1998-99 Water Operations fund balance to develop the necessary risk and safety programs for compliance with the California Accidental Release Prevention Program. LdCATlON MAP COMMUNITY SWIM COMPLEX -/ MAERKLE UPPER CHLORINATION STATION MAERKLE UPPER CHLORINATION STATION ‘D’ RESERVOIR CHLORINATION CALIFORNIA ACCIDENTAL EXHIBIT RELEASE PREVENTION PROGRAM No. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. gg-l17 A RESOLUTION OF CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONTRACT WITH TRACER ENVIRONMENTAL SCIENCES & TECHNOLOGIES, INC. AND APPROPRIATING FUNDS TO DEVELOP THE NECESSARY RISK AND SAFETY PROGRAMS FOR COMPLIANCE WITH THE CALIFORNIA ACCIDENTAL RELEASE PREVENTION PROGRAM. WHEREAS, staff requested and received a proposal from Tracer Environmental Sciences & Technologies, Inc. to develop the necessary risk and safety programs for four (4) chlorination facilities to include the City’s Swim Complex (CalARP Program 3 and PSM) to comply with California Senate Bill 1889, known as the California Accidental Release Prevention Program; and after review of the proposal, the staff recommends accepting Tracer Environmental Sciences & Technologies, Inc. based on an evaluation of their experience performing risk and safety studies with chlorine facilities similar to ours and proven expertise in environmental sciences and technology; and WHEREAS, the City Council of the City of Carlsbad, California hereby finds it necessary, desirable and in the public interest for approval and acceptance of a proposal from Tracer Environmental Sciences & Technologies, Inc., to develop the necessary risk and safety programs for compliance with the California Accidental Release Prevention Program. WHEREAS, there are sufficient funds available in the FY 1998-99 General Fund fund balance to cover the City’s share of program development costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the attached agreement between Tracer Environmental Sciences & Technologies, Inc. and the City of Carlsbad and Carlsbad Municipal Water District to develop 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the necessary risk and safety programs for compliance with the California Accidental Release Prevention Program be approved and accepted. 3. That the Mayor is hereby authorized and directed to execute the proposed agreement between Tracer Environmental Sciences & Technologies, Inc. and the City of Carlsbad. 4. That the City Manager is hereby authorized to appropriate funds in the amount of $5,000 from the Council’s contingency account to cover the City’s portion of program costs. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 6th day of April 7 1999, by the following vote: _ _._ AYES: Council Members Hall, Finaila, Nygaard and Kulchin NOES: None ABSENT: Council Member Lewis MATTHEW HALL, Mayor Pro Tern ATTEST: PC RESO NO. -2- AGREEMENT COPY THIS AGREEMENT is made and entered into as of the sixth day of April , 19-?9-, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad hereinafter referred to as “District”, and Tracer Environmental Sciences & Technoloaies. Inc., a California Corporation hereinafter referred to as “Contractor.” RECITALS City requires the services of an Environmental Service Contractor to provide the necessary process analvsis and oroaram develoDment services for preparation of the California Accidental Release Prevention Proaram; District requires the services of an Environmental Service Contractor to provide the necessary process analvsis and proaram develooment services for preparation of the California Accidental Release Prevention Proaram; and Contractor possesses the necessary skills and qualifications to provide the services required by the City and the District; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City, District and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS 1. Contact and make arrangements to coordinate the preparation and submission of Risk Management Plans with the San Diego County Hazardous Materials 1 rev. 08/l 7198 Management Division California Accidental Release Coordinator. 2. Collect and prepare the necessary information to develop Risk Management Plans for the chlorination facilities operated by the City of Carlsbad and the Carlsbad Municipal Water District. 3. Submit draft sections of the Risk Management Plan, as completed, to the Hazardous Materials Management Division Coordinator for preliminary review. Draft sections should be submitted in duplicate in loose-leaf three ring binders as completed. 4. Risk Management Plans will include any support information or technical studies required by the CalARP Coordinator, Off-Site Consequence Analysis, Program 2 or Program 3 Prevention Programs, External Event Analysis; etc. 5. Review and prepare, as necessary, Emergency Response Plans for the various’ chlorination facilities. . 6. Four complete Risk Management Plans per facility will be provided. RMP’s will be provided per the HMMD specifications, indexed, tabbed and placed in loose-leaf three ring binders. 7. Risk Management Plans will be submitted to the USEPA either electronically using RMP Submit or in writing using the USEPA Checklist. 8. Attend progress meetings with staff and make presentations to CMWD Board, City Council and Home Owner Associations. 2 rev. 08/l 7198 2. CITY AND DISTRICT OBLIGATIONS The City shall provide the following to contractor: 1. Piping and instrumentation diagrams for the Swim Complex. 2. Descriptions and data regarding the age, nature, condition and description of the chlorine equipment. 3. The operability and safety features for the Swim Complex. The security system, storage system, start up and shut down procedures, material handling practices and hours of operation for the Swim Complex. Auditing, inspection and record keeping practices related to the monitoring system maintenance, equipment maintenance and environmental compliance for the Swim Complex. The District shall provide the following to the contractor: 1. Piping and instrumentation diagrams. 2. Descriptions and data regarding the age, nature, condition and description of the chlorine equipment. 3. The operability and safety features for each chlorine system. 4. The security system, storage system, start up and shut down procedures, material handling practices and hours of operation for each chlorination facility. 5. Auditing, inspection and record keeping practices related to the monitoring system maintenance, equipment maintenance and environmental compliance for each facility. 3 rev. 08/l 7198 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt of notification to proceed by the City Engineer or designee and be completed within one hundred seventv five (175) [werking/calendar] days of that date. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the City Engineer or designee. The City Engineer or designee will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by City or District inaction or other agencies’ lack of timely action. ._ :’ 4. FEES TO BE PAID TO CONTRACTOR ’ :. ._ . ;: The total fee payable for the services to :be performed shall not exceed- $43.245.00. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” The City resemes the right to withhold a ten percent (10%) retention until the project has been accepted by the City and the District. Incremental payments, if applicable, should be made as outlined in attached Exhibit “A.” 5. DURATION OF CONTRACT This agreement shall extend for a period of one (1) vear from date thereof. 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. 4 rev. 08/l 7198 7. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor, the City or the District, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor, the City or the District may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City/District by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and the District and approved by the City .and the District according to the procedures. described in Carlsbad Mun.icipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or- ‘. :: invalidate unaffected portions of the agreement. a. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gitt, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City or the District shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 5 rev. 08117198 9. NONDlSCRlMlNATlON CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 10. TERMINATION OF CONTRACT In the event of the Contractor’s failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager/Executive Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the City and the District and all work in progress to the General Manaaer of’the CMWD. The General Manaaer shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Contractor has performed which is usable and of worth to~the City in having the contract completed. Based upon that finding as reported to the City Manager, the City Manager shall determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City or the District, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City or the District. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The City Manager/Executive Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 6 rev. 08/l 7198 11. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City or the District must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City or the District, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If : the City of Carlsbad or the Carlsbad Municipal Water District seeks to recover penalties ‘. pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Carisbad or the Carlsbad Municipal Water District to disqualify the Contractor from the selection process. @ @Initial) The provisions of Cartsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated 12. 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 7 rev. 08/l 7/98 Diego county, California. 13. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor’s own way as an independent Contractor and in pursuit of Contractor’s independent calling, and not as an employee of the City or the District. Contractor shall be under control of the City and the District only as to the result to be accomplished, but shall consult with the City and the District as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City or the District for any purposes whatsoever. The Contractor is an independent Contractor of the City and the District. The payment made to the Contractor pursuant to the contract shall be the full and: complete- compensation to which the Contractor is entitled. The City and the District shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City and the District shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemnify the City and the District within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City and the District may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City and the District from any balance owing to the Contractor. 8 rev. 08117198 The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 14. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. I , The City or the District will provide cop.ies”of the approved plans to any other agencies. ,I 15. OWNERSHIP OF DOCUMENTS ” All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City and the District, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City or the District. Contractor shall have the right to make one (1) copy of the plans for its records. 16. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and District and hereby agrees to relinquish all claims to such copyrights in favor of City and District. 9 rev. 08117198 17. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and the Carlsbad Municipal Water District and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission 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. I j 18. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City and the District. ,. 19. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City and the District for the acts and omissions of Contractor’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City or the District. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City or the District. 10 rev. 08/l 7198 20. PROHIBITED INTEREST No official of the City or the District who is authorized in such capacity on behalf of the City or the District to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City or the District who is authorized in such capacity and on behalf of the City or the District to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof, 21. VERBAL AGREEMENT OR CONVERSATION’ ‘, No verbal agreement or conversation with any officer, agent, or employee *of the City or the District, either before, during or. after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 23. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 11 rev. 08/l 7198 24. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and the City’s conflict of interest code, that the Contractor will not be required to file a conflict of interest statement as a requirement of this agreement. However, Contractor hereby acknowledges that Contractor has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Contractor from this responsibility. 25. INSURANCE The Contractor shall obtain and maintain for the duration of the-contract .and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best’s Key Rating of not less than “A-:V!’ and shall meet the City’s policy for insurance as stated in Resolution No. 91-403 and the District’s policy for insurance as stated in Resolution No. 772. A. Coveraaes and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney/General Counsel or City Manager/Executive Manager: 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage. If the 12 rev. 08/17/98 submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor’s work for the City/District). $1 ,OOO,OOO combined single-limit per accident for bodily injury and property damage. 3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s, Liability limits of $1 ,OOO,OOO per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractor’s prtifession with limits of not less than $1 ;OOO,OOO per daim. Cove.rage‘ shall be maintained for a period of five years following the date of completion of the work. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City and the Carlsbad Municipal Water District shall be named as additional insureds on all policies excluding Workers’ Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 13 rev. 08/I 7198 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. . . ‘I 14 rev. 08117198 26. RESPONSlBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City/District and on behalf of the Contractor in connection with the foregoing are as follows: For City/District: Title Name General Manaaer Robert J. Greanev For Contractor: Address 5950 El Camino Real Carlsbad CA 92008 Title PROGR'AM:MANAGER Name LEE PYLE Address 970 LOS VALLECITOS BLVD.,' STE. 100 SAN MARCOS, CA 92069 Architect/License Number: Architect/License Number: 27. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 28. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in 15 rev. 08/l 7198 writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 2s IL Executed by Contractor this day of 1”/7/$ flL’ +? ,193>. CONTRACTOR: TRACER ES&T (name of Contractor) POLT. PRESIDENT (print name/title) , GREGORY HAUSER, CORP. SECRETARY (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Pro Tern ATTEST: City Clerk CARLSBAD MUNIQPAL WATER DISTRICT, a Public Agency ‘organized under the Municipal Water Act of 1911, .,-and ,a Subsidiary District of the City of - :’ Carlsbad By: Vice Al-TEST: Secretary (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL 16 rev. 08/l 7198 State of On w 6 (f ‘?f . before me, & &- w, a Date Name and lit!+ of Officer (e.g.. “J& Doe. Notary Public”) J personally appeared TFaMLtdl u && h h 4 , Name(s) of Sigr#(s) c - 0 personally known to me - OR - B proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is@subscribed to the within instrument and acknowledged to me that he/she@executed the same in his/heeuthorized capacity(ies), and that by his/her&&??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. L 8-%Jk/ Signature of Notary Public ” ’ OPTIONAL 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 Document Title or Type of Document: L2fWhdC LtJr~ &J&Q JU J Document Date: 3-2549 Number of Pages: Signer(s) Other Than Named Above: 507%Jk+-4%4 Capacity(ies) Claimed by Signer(s) Signer’s Name: 7Jbn.a ~~Pol+ Title(s): P-d cn? 0 Partner - Cl Limited Cl General Cl Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here Signer’s Name: -9 M- Cl I @2 ividual orporate ?! icer Title(s): ~CclGhcp 1/1 0 Partner - Cl Limited 0 Gene61 0 Attorney-in-Fact Cl Trustee Cl Guardian or Conservator Cl Other: Signer Is Representing: Top of thumb here 0 1994 Natlcml Notary Assdalion l 6236 Remmt Ave., PO. Box 7164 l Canoga Park, CA 91309-7164 Prod. No. 6907 Reorder: Call TOM-Frw l-800676-6627 ERGENCY CONTACTS RAPPOLT, THOMAS J. ! 3218 CALLE VALLARTA j CARLSBAD, CA ,: PYLE, PATRICIA L 834 BOYLE AVE ESCONDIDO, CA TRACER ES&T CORP. OFFICER 92009 760-944-36861 CORP OFF 970 LI:IS VALLECITOS BLVD #I 00 SAN MARCOS, CA 92(j49 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR., CARLSEAD. CA 92008 BUSINESS LICENSE lS!&ll%Y TO (BUSINESS OWNER): TRACER ENVIRONMENTAL SCIENCES 970 LOS VALLECITOS BLVD #loo SAN MARCOS, CA 92069 TO CONDUCT THE (BUSINESS CLASSIFICATION): SERVICE.5, NEC BUSINESS AS (DBA, BUSINESS NAME): TRACER ES&T LOCATED AT (BUSINESS LOCATION): 970 LO5 VALLECITOS BLVD #lOO SAN MARCOS, CA 92069 LICENSE RESTRI FEE-SCHEDULE PB LICEN8E MUST BE POSTED ‘ON BUSINESS PREMISES. NOTIFY BUSINESS LICENSE OFFICE IF You CHANGE LOCATION OR CEriSE OPERATION. FROM:03/01 /lYYY To: 02/28/2000 NOT TRANSFERABLE - POST IN A a3WWUS PLACE - CIT‘Y ire CA~LUPAB “It’IlI*‘Y,r’ tlbt!lJC 1200 CAhLsdAO VlLu&E OR. CAtL9BAD. CA 92008 APPLICATION FOR BUSINESS LICENSE is $36.60 gg3 w-2882 (fee schedule on reverse) Tracer Environmental Sciences b SuS~NSSSF(Af.qSTechnologies, Inc. (Tracer ES&T) PLEASE CHECK THIS BOX IF HOME BASED BUSINESS 0 BUSINESSADDRESS 970 Los Vallecitos Blvd., Ste. 100 (No. P.O. Boxu) r-0 WON (Sub No.) San Marcos CA 92069 MAILING ADDRESS WY) Wdd WP Gm Same as above (11 diffmnt) (Number) (SIIWI) (Suke No.) IciW) (Stahl) cap cow BUSINESS PHONE 17601 744-9611 EMERGENCY PHONE1760 1944-3686 rYPE OF ORGANIZATION: (chncb OM) DATE BUSINESS STARTED IN CARLSEAD: 3 / 1 I 99 SOLE PROPRIETORSHIP PARTNERSHIP CORPORATION X APPLICANT NAMUADDRESS (OWNER: IF P~RTNEILWPKORP. GIM N4MES OF PIRTNERS OR CORP. OFFICERS) VW VW CrlnEl President Vice President Corporate Secretary INIME) WME) (NAME) Thomas J. Rappolt Patricia L. Pyle Gregory J. Hauser (AOORESS) (ADDRESS) (AOORESS) 3216 Calle Vallarta 834 Boyle Avenue 1650 So. El Camino Real #Fl08 ICIWSTATE) (ZIP) (CTTy/STATE) (ZIP (CITY/STATE) Carlsbad, CA 92009 Escondrdo, CA 9202 f Encinitas, CA 920 4 !PP' (PHONE) (PHONE) (PHONE) -760-944-3686 760-480-5706 760-944-9171 T~PEoFSUS~NESS Environmental Engineering b Consulting (Pu3S.E BE SPECIFIC) PROVIDE ME FOLLOWING WHERE APPLICABLE: CA DRIVERS Ll$EN%? 33-0709615 STATE SALES TAX NUMBER FEDERAL TAX I.D. NUMBER SOCIM SEcURrn NUMBER 423-1787-5 STATE CChTRACToR CUSS flATE EMPLOYER NUMBER LICENSE NUMBER lOENTlFlCATMN NUMBER GROSSma FLAT FEF I tCENSE _ GROSS RECEIPTS AMOUNT $50.00 TAXRATE(pwsachWGO)’ X ADDITlONALlRUCKS03/5EA 0.00 SUB TOTAL BASE FEE + 15.00 SUBTOTAl PENALlY(z5%+1XpeI PENALTV (ZSX + 1% per dayne4loexdYm~ .o.oo dSYnotlOOX~W%) TOT& TOT& f50.00 MAKE CHECKS PAYAELE To: ClTv OF CARLSEA AN0 RETURN WITH APFQCATIOH uEcU-TEDTHls~oAY OF March .rogg I. Thomas J. Rappolt IW) I-) 0' IPnnl he wlm, OiNQ IS TRUE 4ND CORRECT. President TITLE DFFICF USF ONLY L!censa * SIC 9 Dets Iswed wnulu G~RIIIGII Dale Rwmclim9 . . TRACER ENVIRONMENTAL SCIENCES &TECHNOLOGIES. INC. ,,0LOSV4UECIlOSBLvD..SUl~~lOl 9.4N MARCOS. C4 92999 790.7u9911 CAPITAL B4NK OF NORTH COUNTY ~DICIRLuAa “IuAu.DI .wl “““S8A~WSm 4578 3/10/99 P :vD;:::E CITY OF CARLSBAD I .rr+r.~Q.00 fl Fifty and 00,~00*t+'.**'+*""******.***eee**ee**************e*****.****DoLLARs CITY OF CARLSBAD g FINANCE DEPARTMENT 1200 CARLSBAD VILLAGE DRIVE : CARLSBAD CA 92008-1989 i MEMo: BUSINESS LICENSE APPLICATION v nqo457~ll cL222bo94zc 00~~~10293~ icc”II,r” IEAWRFS UIC~O P(I,N, rw , eoITu( $Oarxa* cnmto P,“lm4 UIlClcuL **TF- a IIvEDSE S,OL LllSS1e.G iE.waE I*w.rES 4 Cc?” __..-.. ACORD, CE.RTlFI,CA-f-E OF L,I’ABELt7r:~NSURANC~~~~~, DATE ~MMIODIYY) PRODUCER Murria & Frick Insurance 380 Stevens Ave., First Floor Solana Beach CA 92075 . . 03/18/99 1 THIS CERTlFlCATE.lS ISSUED AS A MA-ITER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE - HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Joseph Murria COMPANY PhoneNo. 619-259-5800 FaxNo 619-259-6069 A Golden Eagle Insurance Corp. INSURED COMPANY B General Star Indemnity COMPANY C RLI Insurance Company COMPANY D Tracer Environmental Sciences and Technologies, Inc Attn: Mr. Greg Iiauser 970 Los Vallecitos Blvd., #lOO San Marcos CA 92069 ZOVgfiAGg$ : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REDUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDlTlONS OF SUCI ‘OLICIES. LlMfTS SHOWN MAY HAVE BEEN R UCED BY PAID CUd -IF 3 I I ZO TR TYPE OF INSURANCE i GENE%& LIABILITY B Et X Professional Lialz El AUTOMOBILE LlAdlLlN ALL OWNED AUTOS GARAGE LIABILITY k ANY AUTO I WORKERS COMPENSATION AND EMPLOYERS LlABlLlTY iSCRlPTlON OF OPERAT~ONSILOCAT~ONY EHi cl.Es/spEcLu ITEMS EXCEPT 10 DAYS FOR NON PAYMENT OF PRRMIUM. :$ditional Insured with res ecte to General L ab lit and Auto Liabrlity. feryificate Holders ar : CALIFORNIA ACCIDENTAL BELEZ~SE PREVENTION PR~GRAK POLICY NUMBER IYG342849B CCP40555002 OULOO27763 POLICY EFFECTIVE DATE (MM/D&W) 06/15/98 06/15/98 06/15/98 ‘OLICY EXPIRATION DATE (MM/DDIWl LIMITS GENERALAGGREGATE ‘S1,000,000 06/15/99 PRODUCTS-COMPIOPAGG f 1,000,000 PERSONAL 6 ADV INJURY 51,000,000 EACH OCCURREkE s 1,000,000 FIRE DAMAGE (Any one fire) S 50,000 MED EXP (Any one person) S PROPERTY DAMAGE I ~ 06,15,gg o-r,+- .:.I. ::., .;. ER . . . . :. :.:.: ._ .’ EL EACH ACCIDENT s El DISEASE-POLICY LIMIT S EL DISEASE - EA EMPLOYEE S &TIRC&@ +kQER::,-:. ‘,I I: 1; .‘,’ :“;:;:::: j:; ::;;::::,;:‘:;:; :~;;.:~::::;.::\. 1: ‘1. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ :,.::y ,:’ : I..::,’ ::,,::, CARLSBB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE lliEREOF. THE ISSUING COMPANY WILL ENDEAVDR TO MAIL Carlsbad Municipal Water Diet. City of Carlebad 5950 El Camino Real Carlsbad CA 92008-8893 *30 DAY.5 WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NDTlCE SHALL IMPOSE NO OBLIGATION OR LIABILIlY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORPED REPRESENTATIVE Policy Number: IYG342849B Commercial General Liability CG 20 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Carlsbad Municipal Water District City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008-8893 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect ot liability arising out of your ongoing operations performed for that insured. CG 20 10 10 93 9-O Los l’allecitos Blvd.. Suite 100 San Illarcos. California 92069 Office: (?60) 714-96 I I Fas: (760) 744-8616 March 18, 1999 Mr. Kurt Musser Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008-8893 RE: Tracer ES&T Personnel Author&d to Sign Contracts Dear Mr. Musser: ,.. Carlsbad Municipal Water District (CMYD) has requested that Tracer Environmental .Sciences & Technologies, Inc. (Tracer ES&T) submit a letter identifying which personnel are author&d to sign and execute the Agreement for Professional Services (California Accidental Release Prevention Program). Any of the following individuals from Tracer ES&T are author&d to execute contracts for the corporation: . Thomas Rappolt, President . Patricia (Lee) Pyle, Vice President . James Stirling, TreasurerAke President . Gregory Hauser, Secretary Please feel free to call if there are any questions. Sincerely, TRACERES&T Greg Hauser Secretary Corporate Seal 03/16/1999 14: 35 _-. _-. VW 619-259-L 3 I.- ----a ..a I-- , - --*I I._ a*-5 . ,,-, Y FRIr;k, riiut -7-T aw-.Jb 0 ,m.c.. rJ .3 yY*.r CI’IY OF CARLSMD SURPLUS LtNE BROKER AFFIDAVIT . Broker Naae! Addrts cify/scacaip: Due: ProjecrNamc: Trpe of InmualKu //i ., wnk. # t&e ifls. &fjeqccJ 380 SfCL&?&s /7 tic d/m 5S/Qfl& . &&, & 9ao75 15, /999 &A/J~6& @?im&+& &- Lisbclcc c 4 Wefti /a 6/c/i%, m 4 l~~=~~~~~~~~~~~~8~~~~~~~. of the 8boA comeract I fiutha cttdfy but 88 Broka of FcKard for Chrinacm;, I.bke caand buisrunzlccco~ltatdbtlow.J1oC;*holp~rhc~~8~Wuddin ilaold~No.V/-Yb3 wld8nofwhlmha~~rowrite~~~‘$uemthe cypcofdrkiwehd _ rnsumtm- Name of Cantwc Mdrem: Dart: llldmuecmia: Adid hs. &jv N8medCoRa& d&a AddtU!SC s h. & w?# 5LJcL bra: 6/99 Rc88on for Rehsrl: &&&ml Bd8 RNixlg 02’ UstedbySmte- Aa. codina (Yewuol 03/ig/‘_12,92” 14: 35 619-259-c 29 8.T 1---m .a- I_. 1.. -.a- .-_ -. ivUI\I~J.n & I.8 .*ii,\ -.-.r-. a-w* -.-- ---.an a PAGE a4 . ..*5.. w---U . . c . . rnsur8ncc caaiaz onuncrc/ & /a7 -& . . NPmcofcoauacG DUE: S-9 Reason for Rdusak c4kaLubd Aeadoa 8&r Rating A, . LlrtibysfalIcldsuMcc AL - . - CYWNo) b CQnaaaor is requding ch8c chc cifyaccepc rkp~whoLr6wpiur Unacuricr~ringurA-;VorkcarIodng~thctnonrtccmiPocof~sRstingQuiderrd who~moffictwithinrhcSBPtC0fCdifoltJOacthcfoU~rddrarrirrardsrto~ravlrr ,of - NammfSurpI~ lintcuriu: G UIwcd . . 695 E. hiTi!> 5&i& J Ciy/SafdZip: th u’ule ,& 42& Ic~und~purPlryofpajurgQuthcforrgaingf~uutawmd~ Oatcd; -g&V Sign& 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FWSOLUTION NO. 1o47 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, CALIFORNIA APPROVING A CONTRACT WITH TRACER ENVIRONMENTAL SCIENCES & TECHNOLOGIES, INC. AND APPROPRIATING FUNDS TO DEVELOP THE NECESSARY RISK AND SAFETY PROGRAMS FOR COMPLIANCE WITH THE CALIFORNIA ACCIDENTAL RELEASE PREVENTION PROGRAM. WHEREAS, staff requested and received a proposal from Tracer Environmental Sciences & Technologies, Inc. to develop the necessary risk and safety programs for four (4) chlorination facilities to include the District’s Maerkle Dam Upper and Lower Chlorination Stations (RMPKalARP Program 3 and PSM) and “D” Reservoir Chlorination Station (CalARP Program 2) to comply with California Senate Bill 1889, known as the California Accidental Release Prevention Program; and after review of the proposal, the staff recommends accepting Tracer Environmental Sciences & Technologies,. Inc. based on an evaluation of their experience performing risk and safety studies with chlorine facilities similar to ours and proven expertise in environmental sciences and technology; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District, California hereby finds it necessary, desirable and in the public interest for approval and acceptance of a proposal from Tracer Environmental Sciences & Technologies, Inc., to develop the necessary risk and safety programs for compliance with the California Accidental Release Prevention Program; and WHEREAS, there are sufficient fimds available in the FY 1998-99 Water Operations fund balance to cover the District’s share of program development costs. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Municipal Water District, California as follows: 1. That the above recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. That the attached agreement between Tracer Environmental Sciences & Technologies, Inc. and the City of Carlsbad and Carlsbad Municipal Water District to develop the necessary risk and safety programs for compliance with the California Accidental Release Prevention Program be approved and accepted. 3. That the President is hereby authorized and directed to execute the proposed agreement between Tracer Environmental Sciences & Technologies, Inc. and the Carlsbad Municipal Water District. 4. That the Executive Director is hereby authorized to appropriate funds in the amount of $38,245 from the District’s Water Operations fund balance to cover the District’s portion of program costs. 1. I I I I I I I I I I I I PC RESO NO. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2c 21 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Board of Directors of the Carlsbad Municipal Water District held on the 6th April day of , 1999, by the following vote: AYES: Board Members Hall, Finnila, Nygaard and Ku NOES: None ABSENT: Board Member Lewis PC RESO NO. -3- lchin MATTHEW HALL, Mayor Pro Tern ATTEST: l2hB&!Lk ALETHA L. RAUTENKRAN Z, Secret&y c=w CO AGREEMENT THIS AGREEMENT is made and entered into as of the sixth day of April , 19-9s-, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad hereinafter referred to as “District”, and Tracer Environmental Sciences & Technoloaies. Inc., a California Corooration hereinafter referred to as “Contractor.” ‘. RECITALS City requires the services of an Environmental Service Contractor to provide the necessary process analvsis and proaram develooment services for preparation of the California Accidental Release Prevention Proaram; District requires the services of an Environmental Service Contractor to provide the necessary process analvsis and proaram develoDment sewices for preparation of the California Accidental Release Prevention Proaram; and Contractor possesses the necessary skills and qualifications to provide the services required by the City and the District: NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City, District and Contractor agree as follows: 1. CONTRkTOR’S OBLIGATIONS 1. Contact and make arrangements to coordinate the preparation and submission of Risk Management Plans with the San Diego County Hazardous Materials 1 rev. 08/l 7198 Management Division California Accidental Release Coordinator. 2. Coltect and prepare the necessary information to develop Risk Management Plans for the chlorination facilities operated by the City of Carlsbad and the Carlsbad Municipal Water District. 3. Submit draft sections of the Risk Management Plan, as completed, to the Hazardous Materials Management Division Coordinator for preliminary review. Draft sections should be submitted in duplicate in loose-leaf three ring binders as completed. 4. Risk Management Plans will include any support information or technical studies required by the CalARP Coordinator, Off-Site Consequence Analysis, ,Program 2 or Program 3 Prevention Programs, External Eve?t Analysis, etc. .’ .“/. 5. Review and prepare, as necessary, Emergency Response .Pians for the various- ,. i chlorination facilities. . 6. Four complete Risk Management Plans per facility will be provided. RMP’s will be provided per the HMMD specifications, indexed, tabbed and placed in loose-leaf three ring binders. 7. Risk Management Plans wiil be submitted to the USEPA either electronically using RMP Submit or in writing using the USEPA Checklist. 8. Attend progress meetings with staff and make presentations to CMWD Board, City Council and Home Owner Associations. rev. 08/17/98 2. CITY AND DISTRICT OBLIGATIONS The City shall provide the following to contractor: 1. Piping and instrumentation diagrams for the Swim Complex. 2. Descriptions and data regarding the age, nature, condition and description of the chlorine equipment. 3. The operability and safety features for the Swim Complex. The security system, storage system, start up and shut down procedures, material handling practices and hours of operation for the Swim Complex.. Auditing, inspection and record, keeping practices related to the monitoring system maintenance, equipment maintenance and environmental compliance for the Swim Complex.. - The District shall provide the following to the contractor: .’ 1. Piping and instrumentation diagrams. 2. Descriptions and data regarding the age, nature, condition and description of the chlorine equipment. 3. The operability and safety features for each chlorine system. 4. The security system, storage system, start up and shut down procedures, material handling practices and hours of operation for each chlorination facility. 5. Auditing, inspection and record keeping practices related to the monitoring system maintenance, equipment maintenance and environmental compliance for each facility. 3 rev. 08/l 7198 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt of notification to proceed by the City Engineer or designee and be completed within one hundred seventv five (175) [weM@calendar] days of that date. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the City Engineer or designee. The City Engineer or designee will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by City or District inaction or other agencies’ lack of timely action. : 4. FEESTO BE PAIDTO CONTRACTOI? ‘.I “, , _~ The total fee payable for the services to, be performed shall not exceed- $43.24500. No other compensation for services will be .allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” The City reserves the right to withhold a ten percent (10%) retention until the project has been accepted by the City and the District. incremental payments, if applicable, should be made as outlined in attached Exhibit “A.” 5. DURATION OF CONTRACT This agreement shall extend for a period of one (11 vear from date thereof. 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. 4 rev. 08/l 7i98 7. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor, the City or the District, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor, the City or the District may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City/District by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and the District and approved by the City and the District according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall. not render ineffective or- invalidate unaffected portions of the agreement. 8. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City or the District shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 5 rev. 08/l 7198 9. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 10. TERMINATION OF CONTRACT In the event of the Contractor’s failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager/Executive Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the City and the District and all work in progress to the General Manaqer of the CMWD. The General Manaaer shall make a determination of fact based upon the documents delivered to City of the percentage\of work which the- Contractor has performed which is usable and of worth to the City in .having the contract completed. Based upon that finding as reported to the City Manager, the City Manager shall determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City or the District, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City or the District. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The City Manager/Executive Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 6 rev. 08/l 7198 11. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City or the District must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City or the District, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity, These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard, of ‘the truth or falsity of information. If the City of Carlsbad or the Carlsbad Municipal Water District seeks to recover penalties I. ; V pursuant to the False Claims Act, it is entitled to recover its- litigation costs, including I. attorney’s fees. The Contractor acknowledges that the filing of a false claim may’subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad or the Carlsbad Municipal Water District to disqualify the Contractor from the selection process. @ @Initial) The provisions of Cartsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by remnce. @&Initial) 12. 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 7 rev. 08/l 7198 Diego county, California. 13. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor’s own way as an independent Contractor and in pursuit of Contractors independent calling, and not as an employee of the City or the District. Contractor shall be under control of the City and the District only as to the result to be accomplished, but shall consult with the City and the District as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City or the District for any purposes-whatsoever. . I( ,. The Contractor is an independent Contractor of .the City and the District. The payment made to the Contractor pursuant to the contract shall be the full and..complete- compensation to which the Contractor is entitled. The City and.the District shall not, make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City and the District shall not be required to pay any .workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemnify the City and the District within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City and the District may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City and the District from any balance owing to the Contractor. 8 rev. 08/l 7198 The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 14. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. .,‘,., The City or the District will provide copies, of. the approved plans to any other agencies. 5 15. OWNERSHIP OF DOCUMENTS L 1. . . All plans, studies, sketches, drawings, reports, and specifications ‘as herein required are the property of the City and the District, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City or the District. Contractor shall have the right to make one (1) copy of the plans for its records. 16. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and District and hereby agrees to relinquish all claims to such copyrights in favor of City and District. 9 rev. 08/l 7/98 17. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and the Carlsbad Municipal Water District and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission 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. -18. ASSIGNMENT OF CONTRACT : The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City and the District. 19. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City and the District for the acts and omissions of Contractor’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City or the District. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City or the District. 10 rev. 08/l 7198 20. PROHIBITED INTEREST No official of the City or the District who is authorized in such capacity on behalf of the City or the District to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City or the District who is authorized in such capacity and on behalf of the City or the District to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 21. VERBAL AGREEMENT OR CONVERSATION : ’ No verbal agreement or conversation with any officer, agent, or. employee .of the City or the District, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 17, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 23. EFFECTIVE DATC This agreement shall be effective on and from the day and year first written above. 11 rev. 08/l 7198 24. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and the City’s conflict of interest code, that the Contractor will not be required to file a conflict of interest statement as a requirement of this agreement. However, Contractor hereby acknowledges that Contractor has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Contractor from this responsibility. 25. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to ~ property> ‘which may arise out of or in connection with performance of the’ work hereunder’by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best’s Key Rating of not less than “A-Y and shall meet the City’s policy for insurance as stated in Resolution No. 91-403 and the District’s policy for insurance as stated in Resolution No. 772. A. Coveraaes and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney/General Counsel or City Manager/Executive Manager: 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage. If the 12 rev. 08/l 7198 submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor’s work for the City/District). $1 ,OOO,OOO combined single-limit per accident for bodily injury and property damage. 3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury., I 4. Professional Liability. Errors and omissions liability appropriate to the contractor’s profession with limits of not less than $1 ,OOO,OOO per claim. Coverage- shall be maintained for a period of five years following the date of completion of the work. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City and the Carlsbad Municipal Water District shall be named as additional insureds on all policies excluding Workers’ Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 13 rev. 08117198 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the City to obtain or maintain such insurance and‘the City may collect the same from theContractor or deduct the amount paid from : I. ariy,sums due the Contractor under this agreement. i : .’ .‘. 14 rev. 08/l 7198 26. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City/District and on behalf of the Contractor in connection with the foregoing are as follows: For City/District: Title General Manaaer Name Robert J. Greanev Address 5950 El Camino Real ‘, For Contractor: Title Name Address Architect/License Number: Architect/License Number: 27. BUSINESS LICENSE Carlsbad CA 92008 PROGRAM MANAGER . LEE PYLE 970 LOS VALLECITOS BLVD., STE..1100, SAN MARCOS, CA 92069 Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 28. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in 15 rev. 08/l 7198 writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. z< 4L Executed by Contractor this day of IQ?,-? JL- e ,194”/. CONTRACTOR: TRACER ES&T (name of Contractor) PPOTOT. PWIDENT (print name/title) , f&/L By: ( /’ (sigh hefe) GREGORY HAUSER, CORP. SECRETARY (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Pro Tern ATTEST: -- ALETHA L. RAUTENKRANZ I City Clerk CARLSBAD- MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of _ Carlsbad By: Vice ATTEST: &z3L te L ALETHA L. RAUTENKRANZ Secretary (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL 16 rev. 08/17/98 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT B*h,a* , /L&w Date Name and Tfle of Officer (e.g.. “J& Doe, Notary Pubic”) J personally appeared ThDMLLdl u && Name(s) of Sgr&s) 6 - 0 personally known to me - OR - $I proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is,@eubscribed to the within instrument and acknowledged to me that he/she@executed the same in his/heauthorized capacity(ies), and that by his/herA&%ignature(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. . . LB. w Signature of Nobly Public ” j OPTIONAL Though the information below is not required by law, it inay prove valuable ta persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: L2S/W&CC LoI% fQLr.4 tL/ J Document Date: 34549 Number of Pages: Signer(s) Other Than Named Above: SOB.UW . Capacity(ies) Claimed by Signer(s) Signer’s Name: 7lbn.a Reppolt zrE.E Officer Title(s): Pud an? q Partner - 0 Limited q General q Attorney-in-Fact Cl Trustee 0 Guardian or Conservator •! Other: Signer Is Representing: Top of thumb here Signer’s Name. -- 9 icer Title(s): CCc-LhP fij q Partner - Cl Limited q Gene61 Cl Attorney-in-Fact q Trustee q Guardian or Conservator Cl Other: Signer Is Representing: Top of thumb here Nafbnal Notary Assmfftioo l 9236 Remmef Ave.. P.O. Box 71 B4. Canogs Park. CA 913097194 EMERGENCY CONTACTS II’11 RAPPOLT, THOMAS J. I 3218 CALLE VALLARTA 1 CARLSBAD, CA 92009 , PYLE, PATRICIA L. 934 BOYLE AVE ESCONDIDO, CA .32’027 TRACER ES&T '170 LOS VALLECITOS BLVD #loo SAN MARCOS, CA q 2 (j 6 9 CITY OF CARLSBAD 1200 CARLSEAD VILLAGE DR., CAALSBAD, CA 92008 BUSINESS LICENSE T-6 (BUSINESS OWNER): : $AN MARCOS, CA 92069 760-(744-9611 TO CONDUCT THE (BUSINESS CLASSIFICATION): “- SERVICES, NEC BUSINESS AS (DBA, BUSINESS NAME): TRACER ES&T LOCATED AT (BUSINESS LOCATION): 970 LOS VALLECITOS BLVD #lOO SAN MARCO.S, CA 92069 I ,’ . LI!:ENSE.MUST BE .PWTED ON I BUSINESS PREMI.SE5. I NOTIFY BUSINESS LICENSE OFFICE t IF YOU CHANGE LOCATION OR CEASE OPERATION. . ._. ._ 12W G&S&i VILUGE DR. CARLSEAO, CA 92005 -434.2882 61T’y or QACILUUAB ~‘I,l,!l,~Y,,! L,IYt!lile APPLICATION FOR BUSINESS LICENSE IS $36.ba (fee schedule an revene) .P Tracer Environmental Sciences b BUSlNEBEFlAMETechnoloqies, Inc. (Tracer ESST) PLEASE CHECK THIS BOX IF HOME EASED BUSINESS cl BUSINESS ADDRESS (No. P.O. Rams) MAILING ADDAESd Iii drlfwllt~ 970 Los Vallecitos Blvd., Ste. 100 WJmbu) (SIMM (Suits No.) San Marcos CA 92069 WY) [SCStDl (W CM Same as above (Number) WJW (Suita No.) (City) (SCSIO) (ZIP -1 BUSINESS PHONE j 760) 744-96 11 EMERGENCY PHONEL760 1944-3686 TYPE OF OAGANIZATION: ecu au) DATE BUSINESS STARTED IN CARLSBAD: 3 I 1 / 99 SOLE PROPRIETORSHIP _ PARTNERSHIP CORPORATION X APPLICANT NAME/ADDRESS IOWER: IF PARTNE~IWIPICORP. GIVE NAMES Of PARTNERS OR CORP. OFFICERS) ‘F-W VW ilInE) President Vice President Corporate Secretary WW WW (NAME) Thomas J. Rappolt Patricia L. Pyle Gregory J. Hauser (ADDRESS) (ADDRESSI (ADDRESS) 3216 Calle Vallarta 634 Boyle Avenue 1650 So. El Camino Real #FlOS W-Y/STATE) Carlsbad, CA (ZIP) (ClN/STATE] 92009 Escondido, CA 926% i%f%,'t'!,., CA 920!??' (PHONE) (PHONE) (PHONE) _ 760-944-3686 760-400-5706 760-944-9171 T~PEoPB"BINBBE Environmental Engineering 6 Consulting [PLEASE BE SPECIFIC) PROVIDE THE FOLLOWING WHERE APPLICABLE: CA DRlVERS LICENSE 33-0709615 ,, STATE SALES TAX NUMBER FEDERAL TAX I.D. NUMBER SOCIAL SECURITT NUMBER 423-1707-5 STATS CONTRACTOR CUSS SrA-rE EMPLovER HClM0ER LlCEWE NUMBER lDf%TIFlCAlION NUMBER EIPTS LlCit3SE FLATFeeUCENSE ‘-. GROSS RECEIPTS AMOUHT $SO.OO TAX RATE (par each SKIM) x AoDmoNAL TRUCKS 0 315 EA o.00. SUB TOTAL BASE FEE + P5.M SUBTOTAL PENMl-f(25%+1%pa PENMlv(25X+lKpw day 1101 to eacet3d 50541 0.00 ~yndlomcsrd50X) TOTIL: rnIu: 550.00 MAKE CHEW PAYAELE TO: CrrY OF CARLOMO MD RENRN WITM APPUCAT~ON EXE~~EDTWS~~AY~P March ,lS 99 I. Thomas J. Rappolt mYI w-w 0' millI ful nn*, ER PSNALlY OF FWUURY THATTHE FOREGOINS IS TRUE AN0 ‘XXWECI. President TmE QRICF w ONLY Liueflsee SIC a Da& Iemad oMwua B GDlmlion oaie Raabldbm TRACER ENVIRONMENTAL SCIENCES 81 TECHNOLOGIES. INC. 970 LOS VALLECITOS BLVD.. SUIV! l I* MN MARCOS. CA 924) 760~lab-Wll CAPITAL SANK OF NORTH COUNTY I)ay-“;~~& .w W-U.IU2 4578 3/10/99 ii PAY TO THE ORDER OF CITY OF CARLSBAD $*+r+cr5n.nO f CITY OF CARLSBAD t FINANCE DEPABTWBNT 1200 CARLSBAD VILLAGE DRIVE : CARLSBAD CA 92008-1989 i MEMo: BUSINESS LICENSE APPLICATION v U'OlJ&57fiW CL22 2409ul: oob~LLo2931* Sl‘UllT" FEAWRIS UC.%? PWNI TOP 1 BDITDU ecucso* CQLCWD PArrEM *nnry1*l U,RIIWRI a %3FRY Yy ULSS~ ILll"4 -TES A Cop" _.~-^ - ACORD, CJ+TlFlCATE OF iJAB’&~T’t ~NS~~N.&.ggg~, DATE tMM/OO~YY! 03/18/99 PRODUCER THIS CERTIFICATE IS ISStiED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Murria & Prick Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 380 Stevens Ave., First Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Solana Beach CA 92075 COMPANIES AFFORDING COVERAGE Joseph Murria COMPANY PhoneNo. 619-259-5800 FaxNo 619-259-6069 A Golden Eagle Insurance Corp. INSURED COMPANY 6 Tracer Environmental General Star Indemnity Sciences and Technologies, Inc COMPANY Attn: Mr. Greg Hauser C RLI Insurance Company 970 Los Vallecitos Blvd., #100 COMPANY San Marcos CA 92069 D I :OvERAGES .: .:. .: : .’ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO .TR TYPE OF INSURANCE I FERAL LIABILITY B X COMMERCIAL GENERAL LIABILITY : ‘. X CLAIMSMAOE Cl OCCUF OWNER’S 1 CONTRACTOR’S PRO1 B X Professional Liaf AUTOMOBILE LIABILITY A ANY AUTO ALL OWNED AUTOS X SCHEDULEDAUTOS X HIRED AUTOS 1 X NON-OWNED AUTOS t-i I GARAGE LlABlLlM 1 1 ANY AUTO WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY THE PROPRlETORl PARTNERSiEXECLlTlVE OFFICERS ARE: OTHER 1 ESCRIPTION OF OPERATlONS/LOCATlON.YV CLESISPECIAL ITEMS EXCEPT 10 DAYS FOR NON PAYXENT OF PREMIUW. Certificate Holders are $dztional Insured with res ecta to General Llabilit and Auto Liability. : CALIFORNIA ACCIDENTAL iiBLlZASB PRBVRNTION PROGIUii IYG342049B ” : CCP40555002 j OULOO27763 POLICY EFFECTIVE DATE (MMIDDNY) 06/15/98 .06/15/98 06/15/98 OLICY EXPlRATlOh DATE (MMIDDNY) 06/15/99 06/15/99 06/15/99 LIMITS GENERAL AGGREGATE s1,000,000 PRODUCTS - COMPlOP AGG S I,0 0 0 , 0 0 0 PERSONAL 6 ADV INJURY s1,000,000 EACHOCCURRENCE s1,000,000 FIRE DAMAGE (Any o?e fire) f 50,000 ME0 EXP (Anv one wnonb S COMBINED SINGLE LIMIT I ;sl,opo~ooo BODILY INJURY Per w-w AUTO ONLY - EA ACCIOENT 1 5 DTHERTHANAUTOONLY: :. I’. .,‘I ” “.’ EACH ACCIDENT S AGGREGATE S EACH OCCURRENCE s1,000,000 AGGREGATE s1,000,000 S ER :... :.::..,. ‘. :i:;; ERTIfi&fyi-E W@ec,F I,: ‘,‘.’ j .‘: : :‘, .: ,::‘:‘,:,.::.:..,‘,::,:::~,:,::::::~,,::,:,’, ;’ I,..‘,I:I,::.,:,~~El!~~:::,:I:.::.:,~::::,~,~::.::~:~:~:~:~:~:~:::~:~~::~::::.::~;~:.::~~:~:.: .:,’ 1. : I : ; .: CARLSBC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATKIN DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Carlsbad Municipal Water Diet. *30 DAYS WRtlTEN NOTlcE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. City of Carlsbad SLIT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 5950 El Camino Real OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Carlebad CA 92008-8893 AUTHORKEO REPRESENTATIVE Joeeph Xurria . . ~sR~,~~~:(i/95j.:":1.: ..,., 1,. :,::.,::: ::,:; ;:;:;,.,~:::::;~:y; ::;:\,;:; ::I:::I:::.:::::::.:.:.:::.:.:::::::::~.~;~:~:::.:::.::::::;::.:.::::,:::~::::::::::::::::::~:~:~:~:~:~: w Policy Number: IYG342849B Commercial General Liability CG 20 10 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person Or'Organization: ‘I Carlsbad Municipal Water District . . City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008-8893 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect ot liability arising out of your ongoing operations performed for that insured. CG to 10 to 93 9’0 Lur L’allecitos tllvd.. Suite 100 Can \lnrcos. California 92069 Ofticr: f 760) 744-96 I I Fax: (760) 744-86 I6 March 18, 1999 Mr. Kurt Musser Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008-8893 RE: Tracer ES&T Personnel Author&d to Sign Contracts Dear Mr. Musser: Carlsbad Municipal Water District (CMWD) has requested that Tracer Environmental Sciences & Technologies, Inc. (Tracer ES&T) submit a letter identifying which personnel are authorized to sign and execute the Agreement for Professional Senkes (California Accidental Release Preventidn Program). Any of the following individuals from Tracer ES&T are’authorized to execute contracts for the corporation: . Thomas Rappolt, President . Patricia (Lee) Pyle, Vice President . James Stirling, Treasurer/Vice President . Gregory Hauser, Secretary Please feel free to call if there are any questions. Sincerely, TRACER ES&T Greg Hauser Secretary Corporate Seal ,: . ..~~..<LA & FRICk .:.,;ir-id, CID* F&k k.l.ll”& -T--v IIYM.rn P 1 A.C& CITY OF CAREBAD SURPLUS UNE BROKER AFFIDAVIT Broke Name: Addrts: ciyf SrrraijD: Dan: Pmjm Name: Type elf InEwaIKe: 380 Sliu--s &f _ d//s- 5/Q/,A. . o&&* & 9&w 75 6, /999 4aA/s666 Aem+& 42di-A- A~~ c . eWers/ /a A AZ, d 4 of ch8 ab0w wxm8et I fur&a cc&y th8t 88 ~rdrex of Recozd fat VcCOr, 1 hwk coatact ~iarutrnttW~(if~bCtow,~~Whoarroterrfr8US)r~heloddin &gol~~~~99/-4w3 ,aad8uofwhtlln~rdwsdKo~cthc~~‘drretatbr rypeofzbkimhrsa _ . - hltwanw~ lame of aanacc Jy/ I Mdcecs: /?a &ox 858%a ) San 49 Date: G9 fteaEonfot- Man. /=&&&$J * Beds ILdn# A’ u UStdbySturb-+O kL copaarbrioncr (YdNo) lluuame- A/h;oc &s. &q.. . N8me of c- 6u4L khti Add#tW: /a. Aad WT 5MJ& Dm: %r R~8en far R&ml: ./4&&&d Be&r R8tiaw *Ar UstedbyStaersmuane &i,m cEouds8iona (Ytma)- 03/~&w93~ 14: 35 “- 619-259-c 3 ----- ‘I-L 1-v , .I v--M ‘.__ -: --- -wh..n - PAGE 84 . . ..WU w--r _. c s . Insurrsrt canim omm&--/ & /m . LA. N8mc of contact; A! hddESC /z-Y& 6 a4bcli7J,., CLl~l& & DUE: di/99 Reason for R+furat: lh?24.4&> A&g.4 o/rd BM8 ftming A L4rredbYstu?clMtnnce AL I . - CYa/No) e Nmiu of Swplur unccudu: c mc,&# d&.&g ..yg$:,.~;~, ,, .a,. _. . MdXW: .695 c. Aiih StfC& S?L&l/,d ; cc/ &$uv+7asl/ ” ciyLSauc/zip; Y M!rt&s*er)c&cr~ofPrmccsswirhiarhsateof~ Nlmc: . ‘ ., )., Addrut: ti~/SUtd2ip: March 24,1999 TO: LEE RAUTENKRANZ, CITY CLERK FROM: KURT MUSSER, OPERATIONS SUPERINTENDENT PROFESSIONAL THREE PARTY AGREEMENT BETWEEN CMWDKITY AND TRACER ENVIRONMENTAL SCIENCES AND TECHNOLOGIES, INC. Attached is the above referenced original agreement scheduled for review, approval and execution at the City/Board meeting on April 6,1999. Upon approval and execution, please forward the District and Consultant’s copies of the signed agreement to Marie- Goffredo-Meyers for fkrther processing. If you have any comments or require any additional information, please give me a call at extensio~38~ Thank you. KURT MUSSER ’ OPERATIONS SUPERINTENDENT mg Attachment APRIL 14, 1999 Per your instructions above, I am returning (2)two copies of the signed agreement, which are stapled to copies of the Agenda Bill and Resolutions to your attention. Please process the consultant's copy as soon ati possible. Kathleen Shoup/City Clerk's Office