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