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HomeMy WebLinkAbout1999-04-06; Municipal Water District; Resolution 10471 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. 1047 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. P 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 funds 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 0 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 PC RES0 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 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Board of Directors of the Carlsbad Municipal Water District held on the 6th day of April , 1999, by the following vote: AYES: Board Members Hall, Finnila, Mygaard and Kulchin NOES: None ABSENT: Board Member Lewis MATTHEW HALL, Mayor Pro Tern ATTEST: l&2zkzQHL: f ALETHA L. RAUTENKRANZ, Secr&ry.- PC RES0 NO. -3- AGREEMENT THIS AGREEMENT is made and entered into as of the .sixth day of April , 19-99-, 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 I' Subsidiary District of the City of Carlsbad hereinafter referred to as "District" Environmental Sciences & Technoloaies, Inc., a California CorDoration referred to as "Contractor." RECITALS and Tracer hereinafter City requires the services of an Environmental Service Contractor to provide the necessary process analvsis and Droaram development 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 develoPment 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. CONTRBkTOR'S OBLIGATIONS I. Contact and make arrangements to coordinate the preparation and submission of Risk Management Plans with the San Diego County Hazardous Materials 1 rev. 08/17/98 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. 08/17/98 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: I. 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. 08/1 7/98 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (IO) days after receipt of notification to proceed by the City Engineer or designee and be completed within one hundred seventv five (1752 [vve&t~g/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 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 (1 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. 08/17/98 d 0 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, gill, 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. 08/17/98 9. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. IO. 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 ManagerIExecutive 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 ManagedExecutive Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 6 rev. 08/17/98 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 Carlsbad or the Carlsbad Municipal Water District to disqualify the Contractor from the selection process. @ @Initial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by ref @&::all 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. 08/17/98 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 behaif 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. 0811 7/98 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 agencies. 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications any other 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. 0811 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. SUBCONTRACTlNG 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. IO rev. 08/17/98 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. 08/17/98 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 ManagedExecutive Manager: 1. Comprehensive General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the 12 rev. 08/17198 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). $1,000,000 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 $1,000,000 per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractor's profession with limits of not less than $1,000,000 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. 08/17/98 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. 14 rev. 0811 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 CitylDistrict: Title General Manager Name Robert J. Greanev For Contractor: Address 5950 El Camino Real Carlsbad CA 92008 Title PROGRAM MANAGER Name LEE PYLE Address 970 LOS VALLECITOS BLVD. I STE.. 100 SAN MARCOS, CA 92069 ArchitecVLicense Number: ArchitecVLicense Number: 27. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carisbad 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. 08/17/98 writing executed by the party against which enforcement of such amendment, waiver or discharge .is sought. Executed by Contractor this 2 day of Mfg Jc’ .f- ,19‘3 7 . 1L CONTRACTOR: CITY OF CARLSBAD, a municipal corporation of the State of California TRACER ES&T (name of Contractor) &&-lJ ,/2ryy7” By: B here) ATTEST: POT.T, PRESIDENT Aa- (print name/title) ALETHA L. RAUTENRRANZ City Clerk By: CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1, GREGORY HAUSER, CORP. SECRETARY and a Subsidiary District of the City of - (print name/title) : J - ATTEST: && RW 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 City Attorney/GenqaI .I Counsel , t- BY Assiswt Ci@ Attofney/ Assistant General Counsel Y 16 rev. 0811 7198 CALIFORNIA ALL-PURP~ ACKNOWLEDGMENT 0 State of County of U On 44; Ff before me, & -, A % '* Date Name and Title of Officer (e.g., "J& Doe, Notary Public") personally appeared ThaMed, dd' Name(s) kh4WW of Sig&(s) dZLu&= I 5 personally known to me - OR -@proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ismubscribed to the within instrument and acknowledged to me that hekhemexecuted the same in hidheauthorized capacity(ies), and that by his/hermsignature(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. L4* Signature & of Notary Public OPT/ONA L Though the information below is not required by law, it may prove valuable ta 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: L2dumLd Lr% 4 u) Document Date: 3-25-99 Number of Pages: Signer@) Other Than Named Above: 5 o* Capacity(ies) Claimed by Signer(s) Signer's Name: ft;(mzlL3 Rappol). Officer 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact Title(s): Ph~dtd an + 0 Trustee 0 Guardian or Conservator Other: Signer Is Representing: I I Signer's Name: &?? p- 0 Imividual Title(s): Partner - 0 Limited 0 Geneyal Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: I RAPPOLT, THOMAS J. i 3218 CALLE VALLARTA I CARLSBAD, CA i :334 BOYLE AVE .. ESCONDIDO, CA TRACER ESST I . BUSINESSADDRESS 970 Los Vallecitos Blvd., Ste. 100 (No. P.O. Baxes) (Number) (Street) (Suite No.) CA 92069 San Marcos (CW (State) MAILING ADDRESS Same as above (ZP We) (if diffarsnt) (Number) (Sbeet) (Suite No.) (Citv) (State) Pip CW BUSINESS PHONE ( 760) 744-96 11 EMERGENCY PHONEj760 )944-3686 VPE OF ORGANIZATION: (chedro~) DATE BUSINESS STARTED IN CARLSBAD 3 / 1 / 99 SOLE PROPRIETORSHIP PARTNERSHIP CORPORATION X APPLICANT NAMUADDRESS {owNER: IF PAFITNERSHIP~RP, GIVE NmES OF PARTNERS OR CORP. OFFICERS) m) (NAME) ("E) (NAME) Crm) (TITLE) President Corporate Secretary Vice President Thomas 3. Rappolt Patricia L. Pyle (ADDRESS) (ADDRESS) Gregory 3. Hauser (CIN/STATE) y) (CITY/STATEI (ZIP (CmW/STATE) (ZIP) #F108 1650 So. El Camino Real 834 Boyle Avenue 3218 Calle Vallarta (ADDRESS) Carlsbad, CA 92009 Escondido, CA 92024 Encinitas, CA 920 4 (PHONE) (PHONE) (PHONE) 760-944-3686 760-400-5706 760-944-9171 OF (PLEASE BE SPECIFIC) Envirofimental Engineering & Consulting PROVIDE THE FOLLOWING WHERE APPLICABLE CA DRIVERS LICENSE 33-0709615 STATE SWS TAX NUMBER FEDERALTAX 1.0. NUMBER SOCIAL SECURITY NUMBER STATE CONTRACTOR CLASS STATE EMPLOYER NUMBER LICENSE NUMBER 423-1787-5 IDEMlFlCATlON NUMBER WSS RECEIPTS LICFNSE FLAT FSmE GROSS RECEIPTS : AMOUNT $50.00 TAX RATE (per each SlWO) X SUB TOTAL ADDFIONAL mucKs o 3s EA 0. o o BASE FEE + P5.00 PENALTY (25% + 1% per SUBTOTAL TOTAL: day not m exceed SX4) PENALP (WSL + 1% pet TOTAL .$5o.00 day not (0 exceed SOX) o.00 MAKE CHECUS PAYABLE TO: CrrY OF CARLSBAD AND RETURN WITH APPUCATUJN U(E~WIS ~O"DAVOF March ,1999. I, Thomas J. RaPPolt S-V. DECIARE MR PENALTY OF PEWURY THAT THE FOREGOINQ 18 TRUE AND CORRECT. (Ow) (Monm) n.u, 1-t lul Nm) President SIGNA mtE QFFlCF US ONLY License Y SIC # Date lasued Ordlnana, Exxpimion Date ReetACtions TRACER ENVIRONMENTALSCIENCES &TECHNOLOGIES. INC. CAPIT&La%AS2$ZMmH $Y$NTY CARLSBID.CA 9W 970 LOS VALLECITDS BLVD.. SUITE rim SAN MARCOS. CA 9869 so-(ooc~m 4578 e 760-714-%11 3/10/99 I 'AC~RD' -. ......... C:E,RTi.F .. 1"- ............................. ... .& .... : :: ' .' DATE("/DDm) ....... ........................ .... TRACE-I..C '. 03/18/99 PRODUCER I THIS CERTIFICATE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ISTSSUED AS A MATTER OF INFORMATION I Murria & Frick Insurance 380 Stevens Ave., First Floor Solana Beach CA 92075 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE I I I Joseph Murria COMPANY PhoneNo. 619-259-5800 FaxNo. 619-259-6069 INSURED A Golden Eagle Insurance Corp. B General Star Indemnity COMPANY Tracer Environmental Sciences and Technologies, Inc Attn: Mr. Greg Hauser COMPANY San Marcos CA 92069 970 Los Vallecitos Blvd., #lo0 'C RLI Insurance Company COMPANY D ................. ...................... :coyEmc,Es .;, j .: :. :. : . :. . i . : . : :. ............................................ ......................................... ........................................... .................... ...................... 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. I I TYPE OF INSURANCE I OLICIES. LIMtTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAll I POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDM) OWNER'S &CONTRACTORS PROT IYG342849B 06/15/98 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS CCP40555002 1 06/15/98 I GARAGE LIABILITY - ANY AUTO - EXCESS LIABILITY C UMBRELIAFORM X - - OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LlABlLIN THE PROPRIETOR/ PARTNERSEXECUTIVE INCL OFFICERS ARE €XU OTHER DESCRIPTION OF OPERATlONS/LOCATlONSH I OWL0027763 06/15/98 I ICLES/SPECIAL ITEMS F 'OLICY EXPIRATION DATE (MM/DDIYY) LIMITS GENERAL AGGREGATE 5 1, 0 0 0, 0 0 0 06/15/99 PRODUCTS-COMPIOPAGG S 1,000,000 EACHOCCURRENCE $ 1,o 0 0 , 0 0 0 PERSONAL 8 ADV INJURY $1, 000,000 FIRE DAMAGE (Any one fire) S MED WP (Any one person) $ 5 0 , 0 0 0 S 1, 0 0 0, 0 0 0 COMBINED SINGLE LIMIT 06/15/99 (Per person) BODILY INJURY S BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ I EACHACCIDENT I S I I AGGREGATE I S I ~~~~ ~ ~~ ~ EACHOCCURRENCE ~~1,000,000 06/15/99 AGGREGATE IS 1,000,000 Additional Insured with res ects to General Liabilit and Auto Liability. *EXCEPT 10 DAYS FOR NON PA- OF PREMIUM. Certificate Holders are RE: CALIFORNIA ACCIDENTAL EELEASE PREVENTION PROG~ ........................................................................................................................................................................................................................ .............................................. ::.I :: ; ;:::;,;:::;,;:; ............................................................... C~LSB~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Carlsbad Municipal Water Dist. City of Carlsbad 5950 El Camino Real Carlsbad CA 92008-8893 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Policy Number: 1YG342849B 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) 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 11) 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. ENVIRONMENTAL SCIENCES & TECHNOLOGIES. INC. 9-0 Los Vallecitos Hlvd.. Suite 100 San Xlarcos. California 92069 Ofticr: (760) 744-96 I I Fax: (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 Authorized 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 identitjing which personnel are authorized to sign and execute the Agreement for Professional Services (California Accidental Release Prevention Program). Any of the following individuals &om Tracer ES&T are authorized to execute contracts for the corporation: e Thomas Rappolt, President e Patricia (Lee) Pyle, Vice President e James Stirling, TreasurerNice President e Gregory Hauser, Secretary Please feel fiee to call if there are any questions. Sincerely, TRACER ES&T Greg Hauser Secretary Corporate Seal Daw. &/9 9 Addcrrr: BeCe Raring Dltc: