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Resolution No. 2012-134
RESOLUTION NO. 2012-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ACCEPTING THE BID OF FLEMING ENVIRONMENTAL, INC., AND APPROVING AND AUTHORIZING THE EXECUTION OF A SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND FLEMING ENVIRONMENTAL, INC., FOR THE MAINTENANCE, TESTING AND REPAIR OF UNDERGROUND AND ABOVEGROUND STORAGE TANKS, FUEL DISPENSERS AND RELATED FACILITIES WHEREAS, on May 15, 2012, the City Council of the City of Vernon adopted Resolution No. 2012-67 authorizing the issuance of a request.for proposals for the maintenance, testing and repair of underground and aboveground fuel storage tanks, fuel dispensers, and related facilities (the "Services"); and WHEREAS, by a memorandum dated July 2, 2012, the Director of Community Services & Water has recommended that the City accept the bid of Fleming Environmental, Inc. ("Fleming") and enter into a services agreement with Fleming setting forth the terms and conditions under which Fleming will perform the Work (the "Agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Agreement with Fleming Environmental, Inc., a copy of which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 9: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send a fully executed Agreement to: Fleming Environmental,.Inc. Attention: Terry L. Fleming Jr., President 1372 E. Valencia Drive Fullerton, CA 92821 SECTION 6: The City Clerk of the City of Vernon.shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 17t" day of July, 2012. Name: W 11 iiiiJ J. Davis Title'/ Mayor Pro-Tem - 2 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2012-134, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, July 17, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this -�q_ day of July, 2012, at Vernon, California. (SEAL) llard `G. Yar�dgu�hi(Siity Clerk - 3 - EXHIBIT A SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND FLEMING ENVIRONMENTAL, INC. FOR THE MAINTENANCE, TESTING AND REPAIR OF UNDERGROUND AND ABOVEGROUND FUEL STORAGE TANKS, FUEL DISPENSERS, AND RELATED FACILITIES Contractor: Responsible Principal of Contractor: Notice Information - Contractor: Notice Information - City: Commencement Date: Termination Date: Consideration: Records Retention Period COVER PAGE Fleming Environmental, Inc. Terry L. Fleming Jr., President Fleming Environmental, Inc. 1372 E. Valencia Drive Fullerton, CA 92821 Attention: Terry L. Fleming Jr., President Phone: (714) 871-2800 Facsimile: (174) 871-2801 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Kevin Wilson, Director of Community Services & Water Telephone: (323) 583-8811 ext. 245 Facsimile: (323) 826-1435 July 17, 2012 July 17, 2013, unless extended pursuant to Section 1 Total not to exceed $8,050.00 (includes all applicable sales tax); and more particularly described in Exhibit B Three (3) years SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND FLEMING ENVIRONMENTAL, INC. FOR THE MAINTENANCE, TESTING AND REPAIR OF UNDERGROUND AND ABOVEGROUND FUEL STORAGE TANKS, FUEL DISPENSERS, AND RELATED FACILITIES THIS AGREEMENT is made and entered into as of July 17, 2012, ("Effective Date"), by and between the City of Vernon, a California charter City and California municipal corporation ("City"), and Fleming Environmental, Inc., a California corporation ("Contractor"). City and Contractor are collectively referred to herein as the "Parties." RECITALS A. City desires to have certain maintenance, testing and repair of its underground and aboveground fuel storage tanks, fuel dispensers, and related facilities, as more fully set forth In the Scope of Services, attached hereto and Incorporated herein as Exhibit A. B. Contractor represents It Is qualified and capable of furnishing the labor, materials, and expertise necessary to perform such services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, the Parties agree as follows: Section 1. Term and Time of Performance. (a) This Agreement shall commence upon the Commence mentbate listed on the Cover Page, and shall remain and continue in effect through the Termination Date listed on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City may renew this Agreement on a year-to-year basis at its discretion. (b) In the event that City renews this Agreement, Contractor may submit a proposal to Increase Its rates no later than thirty (30) days after receiving notice of City's Intent to renew. Any Increase in rates must be approved by City before such Increase can take effect. If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may terminate the renewal by giving thirty (30) days written notice. Section 2. Performance. (a) Contractor shall perform the services and tasks described and set forth in the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed upon in writing signed by both Parties prior to performance of those additional services. (b) Contractor shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all Services under this Agreement in accordance with the standard of care and skill ordinarily exercised by members of the profession currently practicing in the same locality as the City under similar circumstances and in a manner reasonably satisfactory to City. Contractor shall at all times comply with the highest ethical standards when performing Services for the City. (c) Contractor shall keep itself informed of all local, state, and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of Its Services pursuant to this Agreement. Contractor shall at all times observe and comply with all such ordinances, laws and regulations. City, and its officers, officials, employees, agents or volunteers shall not be liable at law or inequity occasioned by failure of Contractor to comply with this section. (d) Contractor will not be compensated for any work performed not specified In Exhibit A unless City authorizes such work in advance and in writing. Section 3. Compensation. (a) City agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the services and any supplies or goods required by this Agreement, a sum not to exceed the Consideration set forth on the Cover Page and more particularly described in Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services as well as for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery, tax, assembly, and Installation, as applicable). (b) There shall be no claims for additional compensation for reimbursable expenses and Contractor shall not be reimbursed for any additional expenses. (c) Change in the scope of services, duties, obligations, durations or total compensation, shall be by written authorization only by the City. A form of Change Order is set forth in Exhibit C attached hereto and incorporated by reference. Section 4. Method of Payment. City shall pay Contractor the Consideration in accordance with the Cost Schedule set forth in Exhibit B. Section 5, Responsible Principals. (a) Contractor's Responsible Principal set forth on the Cover Page shall be principally responsible for Contractor's obligations under this Agreement and shall serve as principal liaison between City and Contractor. Designation of another Responsible Principal by Contractor shall not be made without prior written consent of City. (b) City's Responsible Principal shall be the City Administrator or his designee who shall administer the terms of the Agreement on behalf of City, Section 6. Personnel. (a) All persons performing Services shall have all the necessary technical expertise, permits, professional licenses, certificates, training, and other qualifications required by this Agreement or other applicable laws. Contractor shall provide City with said permits, licenses, and certificates at the request of City. (b) Contractor represents that it has, or shall secure at Its own expense, all personnel required to perform Contractor's Services under this Agreement. All personnel engaged In the work shall be qualified to perform such Services. Section 7. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license. Except as provided herein below, Contractor shall obtain and pay for all permits and licenses required by federal, state or local law, rule or regulation, Costs for obtaining City licenses and permits required under this Agreement shall be waived. Section 8. Access. Contractor shall comply with all reasonable access and other restrictions that City may impose. No access to City property for performance of the Services shall be permitted prior to delivery to City of proof of insurance paid and maintained by Contractor. Section 9. Contractor's Duties and Representations. Contractor represents, covenants and agrees as follows: (a) There are no obligations, commitments, or Impediments of any kind that will limit or prevent performance of the Services. (b) Contractor presently has no Interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with Contractor. (c) There is no litigation pending against Contractor and Contractor is not the subject of any criminal investigation or proceeding,'and neither Contractor nor its personnel, to its actual knowledge, have been convicted of a felony. Section 10. Independent Contractor. (a) Contractor is and shall at all times remain, as to City, a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control, Neither City nor any of Its officers, officials, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth In this Agreement. Contractor shall not at any time or in any manner represent that It or any of its officers, employees, or agents are in any manner officers, officials, employees, agents, or volunteers of City. Contractor shall not incur or have the power to Incur any debt, obligation or liability whatsoever against City, or bind City in any manner. (b) No employee benefits shall be available to Contractor or its officers, employees, or agents in connection with the performance of this Agreement, Except for Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to.Contractor for performing services hereunder for the City. City shall not be liable for compensation or indemnification to Contractor or its officers, employees, or agents for injury or sickness arising out of performing services hereunder. (c) Contractor agrees to pay and be responsible for paying all Federal, State and local taxes for compensation received by Contractor from City while performing services for City. 12 Section 11. Termination. (a) Termination Right. City may, at any time, for any reason or for no reason, with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5) calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. (b) In the event of termination or cancellation of this Agreement by City, due to no fault or failure of performance by Contractor, Contractor shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. (c) Actions Subsequent to Termination. In the event of termination of this Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below, to City within thirty (30) days after the termination of this Agreement. Contractor shall also take all such other action as City reasonably requires and shall cooperate with City to effectuate an orderly and systematic termination of Contractor's duties and activities hereunder. (d) All of the terms and conditions in the Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement Section 12. Limitation of City's Liability. City's liability on any kind of claim for any loss or damage arising out of, in connection with, or resulting from this Agreemeni, shall in no case exceed the amount that would be paid to Contractor for the full performance of the services required by this Agreement. In no event shall City be liable for anticipated profits or for incidental, consequential or punitive damages. City shall not be liable for penalties of any description. Section 13. Confidential Status: Disclosure of Information. (a) Confidential Status; Disclosure of Information., All data, customer Information, business practices, business methods, privileged information, trade secrets, financial statements, floor plans, designs, blueprints, maps, surveys, drawings, models, reports, correspondence, logs, documents, materials or other information developed or created by Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the performance of this Agreement ("Confidential Information") are deemed confidential and shall not be disclosed by Contractor to any third party without City's prior written consent. City reserves all rights to Confidential Information. City shall grant consent if disclosure is legally required. All Confidential Information shall be returned to City upon completion or termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. City may disclose to third parties any Confidential Information at Its sole discretion. (b) Contractor's obligation not to disclose any Confidential Information shall not extend to Information that: i. was in the possession of, or was rightfully known by, the Contractor without an obligation to maintain Its confidentiality prior to receipt from City; li. is or becomes generally known to the public without violation of this Agreement; III. Is obtained without an obligation of confidentiality by the Contractor in good faith from a third party having the right to disclose it without an obligation of confidentiality; or iv. Information which is required to be disclosed pursuant to any court order or directive having the force of law. Agreement. (0) The provisions of this section shall survive the termination of this Section 14. Technical Materials. City reserves all rights to any and all tools, dies, patterns, plates or other similar technical materlals furnished or paid for by City, and Contractor shall use such materials In strict confidentiality and shall return the same to City of its request upon completion or termination of this Agreement. Contractor shall not copy or otherwise use any such materials for any purposes other than the completion of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Section 15. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for Records Retentlon Period, City shall have access, without charge, during normal business hours to such records, and the right to examine and audit the same and to make copies and transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Section 16. Default. Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to Contractor. Section 17. Indemnification. Contractor agrees to defend, Indemnify, protect.and hold harmless City, Its officers, officials, employees, agents, and volunteers from and against any and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties, fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise out of, result from, or are in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the sole negligence or willful misconduct of City, its officers, officials, employees, agents, or volunteers. THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION. The obligations in this section are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. a Section 18. Insurance. (a) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents. (b) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability insurance covering personal Injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Contractor or Contractor's officers, employees, or agents in performing the services required by this Agreement. (c) Contractor agrees to maintain in force at all times during the performance of work under this Agreement worker$ compensation insurance as required by law. (d) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with minimum limits of Two. Million Dollars ($2,000,000) for each occurrence, combined single limit, and provide policy coverage and terms at least as broad as those required in the primary insurance. (e) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Professional Liability Insurance with minimum limits of One Million Dollars ($1,000,000) on a claims made basis, to protect City from any losses sustained through any errors or omissions committed by Contractor or Contractor's officers, employees or agents in performing Serivices required by this Agreement. Further, if the policy is on other than an occurrence basis, Contractor shall maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed. (f) Contractor shall require each of Its sub -consultants or subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement. (g) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a B+; VII in the latest edition of Best's Insurance Guide. . (h) Contractor agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or, If insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense, the premium thereon. (1) At all times during the term of this Agreement, Contractor shall maintain on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City Attorney and Risk Manager, along with a copy of the policy declarations page for each policy showing that the aforesaid policies are In effect In the required amounts. Upon request by City, Contractor shall cause its insurers to issue certified copies of the Insurance policies evidencing that the coverage and policy endorsements required under this Agreement are maintained in force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk Manager, such certificate or certificates and a copy of the policy declarations page for each policy. The policies of Insurance required by this Agreement shall contain an additional insured endorsement naming the City, its officers, officials, employees, agents, and volunteers as insured's. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth In this Agreement. (j) The insurance provided by Contractor shall be primary to any coverage available to City, and any insurance or self-insurance maintained by City, its officers, officials, employees, agents, or volunteers shall be excess of Contractor's insurance and shall not contribute with it. The policies of insurance required by this Agreement shall Include provisions for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, Its officers, officials, employees, agents, and volunteers. (k) Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses. Section 19. Certification, In accordance with the provisions of Section 3700 of the Labor Code, Contractor shall secure the payment of compensation to Contractor's employees. By executing this Agreement, Contractor certifies the following; Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and Contractor will comply with such provisions before commencing the performance of the work of this Agreement. Section 20. . Standard Specifications. The work done pursuant to this Agreement shall be done in accordance with the provisions of the most current edition of "Standard Specifications for Public Works Construction" (commonly known as"the Green Book") including Supplements, prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California, which specifications are hereinafter referred to as the "Standard Specifications." The provisions of these Standard Specifications shall apply to the work performed under this Agreement, unless different standards are specified In Exhibit A or agreed to In writing by the City. Section21. Comollance with Laws. Contractor shall keep itself Informed of and comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the Occupational Safety and Health Act and all those Applicable Laws relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any applicant for employment for reasons of race, color, creed, religion, sex, sexual preference, age or national origin. For purposes of this section, "Applicable Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees, permits, approvals or other applicable requirements of any governmental entity or agency having jurisdiction that are applicable to any aspect of this Agreement that are in force on the Effective Date and as they may be enacted, Issued or amended during the term of this Agreement. Section 22. Enforcement of Wage and Hour Laws. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors In excess of 8 hours per day, and.40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1 %2 times the basic rate of pay. Livina Wages. In addition, Contractor, or Subcontractor, if any, working on City service contracts of any amount, as to all employees spending time on City contracts shall observe the City's IJving Wage Ordinance and all requirements thereof at all times on City contracts. The Current Living Wage Standards are set forth in Exhibit D. Upon request, certified payroll shall be provided to the City. Section 23. Materials and Workmanship. City shall have the right to Inspect any material used. Material furnished shall be new, complete, ready -for -use and of the latest model, shall not have been used in demonstration or other services and shall have all the usual equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise specified. Equipment, supplies or services that fall to comply with the Agreement requirements regarding design, material or workmanship may be rejected at the option of City. Any materials rejected shall be removed from City premises at the Contractor's sole expense. Section 24. Assignment of Unfair Business Practices. Contractor and its subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2-(commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. Section 25. Assignment and Subcontracting. Contractor shall not assign or attempt to assign any portion of this Agreement, or subcontract any required performance hereunder, without the prior written approval of City. Any assignment or subcontract made in violation of this section is Invalid and void. In the event City grants written approval to Contractor to subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. Section 26. Arbitration and Venue. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, Interpretation or validity thereof, Including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the arbitrator shall provide written reasons for their decision. The arbitration decision shall be final and binding on the Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to.thls Agreement. Notwithstanding the foregoing, the parties shall be permitted to access the court system to enforce any arbitration award. The exclusive 0 jurisdiction and venue under this Agreement shall be the Superior Court of California, Los Angeles County. Section 27. Attorneys Fees. in the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys tees and actual costs, which may be set by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. Section 28. Governing Law. This Agreement shall be interpreted and enforced according to, and the Parties rights and obligations governed by, the domestic law of the State of California, without regard to Its laws regarding choice of applicable law. Section 29. Entire Agreement and Modifications. This Agreement, including attachments Incorporated herein by reference, represents the entire integrated agreement and understanding between the Parties, and supersedes all prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral. This Agreement may only be modified In writing and signed by both Parties. Section 30. Waiver. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach whether of the same or other covenant or condition; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of either party to this Agreement to exercise any of Its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. Section 31. Force Maieure. Neither party shall be considered in default of any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of Its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. Section 32. City Not Obligated to Third Parties. City shall not be obligated or liable under this Agreement to any party other than Contractor. City shall timely notify Contractor of the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its reasonable costs incurred In providing the notification required by section. Section 33. Notices. All notices, approvals, consents and other communications between the Parties shall be in writing, and shall be sent by certified mail (return receipt requested) or other delivery service which provides evidence of delivery, using the address set forth on the Cover Page under "Notice Information • City"or "Notice Information —Vendor," as appropriate, or at such other address as may be furnished by either party to the other in writing. Mailed notices will be deemed communicated as of the day of receipt. 10 Section 34. ' Cover Page and Exhibits. The Cover Page and all documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. Section 35. Headings. Headings used in this Agreement are for convenience and ease of reference only and shall not affect the Interpretation of the Agreement. Section 36. Survival of Terms. All of the terms and conditions in this Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 37. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and shall in no way be affected, impaired or Invalidated. Section 38. Authority to Execute This Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations under this Agreement. [Signatures Begin on Next Page]. IN WITNESS WHEREOF, the Parties have signed this Agreement as of the, date stated in the Introductory clause. City of Vernon, a Californla charter City and California municipal corporation By: William Davis Mayor Pro-Tem ATTEST: Willard G. Yamaguchi, City Clerk APPROVED AS TO FORM: Willard G. Yamaguchi, Chief Deputy City Attorney Fleming Environmental, Inc., a California corporation r By: Name: Terry L. Fleming Jr. Title: 7Pre'ent By: Name: Terry L. Fleming Jr. Title: Secretary 12 EXHIBIT A EXHIBIT A SCOPE OF SERVICES Contractor shall perform the services described in the proposal dated June 5, 2012, on behalf of the City. A copy of the Work Plan provided for in the proposal Is attached hereto and incorporated by reference. Work Plan UST Desianated Operator Monthly Site Inspections: 40 Alarm History Review Paperwork Inspections •:• Paperwork/Compliance Binder Organization and Reporting Compliance Inspection (one -hour per month / per facility) Reporting to Regulatory Agency N Report Generation and Submittal to Client Sump Inspection ':• Annual Training (concurrent with Monthly site visit) 833989 (Secondary Containment) Testing: 44 Notification to appropriate regulator of date and time of scheduled test. •:• Two -man testing crew e'• Annular Test 44 Secondary Test ❖ Sump Test 14 UDC Test • Spill Bucket Test 44 Test result preparation and .submittal to appropriate regulatory agency within the required amount of time. Vapor Recovery Testing �I EVR Systems): Notification to appropriate regulator of date and time of scheduled test. •:• TP 201.3 (Pressure Decay Test) 4• TP 201.4 (Dynamic back Pressure Test) 4• TP 201.6 (Liquid Removal Test — If Needed) Test result preparation and, submittal to appropriate regulatory agency within the required amount of time. Vapor Recovery Testing (Phase II EVR Systems): 4• Notification to appropriate regulator of date and time of scheduled test. 4• TP 201.3 (Pressure Decay Test) 44 TP 201.4 (Dynamic back Pressure Test) 4• TP 201.1 B (Static Torque Test) 4• TP 201.1D (Droptube Test) 4• Nozzle Bag Test 4• Clean Air Separator and/or Vapor Polisher 4• V/L Field Test Data Report Test result preparation and submittal to appropriate regulatory agency within the required amount of time. Annual Monitor System Certification: 13 Notification to appropriate regulatory agency/personnel of date and time of scheduled test. Inspect panel for proper function 44 Remove covers that house sensors Test each sensor for proper function at Monitor Panel Clean all sensors and ensure proper placement in the sumps Install manway screws with anti -seize compound Test all line leak detectors Attach test verification stickers ❖ Insure local agency forms are completed Test all spill buckets �• Test result preparation and submittal to appropriate regulatory agency within the required amount of time, 14 EXHIBIT B EXHIBIT B FEES Contractor shall be paid an amount not to exceed $8,050.00 to perform the Services described in Exhibit A In accordance with the Bidding Schedule, a copy of which is attached hereto and incorporated as referenced. Invoices shall include the period for which Services were provided, the dates of such Services, and a description of the Services provided for that billing period. Each invoice shall Include copies of timesheets and other supporting documents as City may require. Payments of each invoice shall be made by City within thirty (30) days following receipt of each invoiceasio:all non-disputed_fees—If_City_disputes any of Contractor's. fees, it shall give written notice to Contractor within thirty (30) days of receipt of the disputed invoices. Any amounts in dispute shall be withheld until resolution. ATTACHMENT B BIDDING SCHEDULE In addition to* the Bidding. Schedule, the contractor shall provide a rate schedule for labor and equipment and provide mark-up rites for materials. Monthly work shall be paid to the contractor on a monthly basis. Annual and triennial work shall be paid to the contractor when the actual Work is completed to the City's satisfaction; and in accordance with the Scope of Work, The City willschedule all Annual and triennial work for the contractor. All repair work shall be performed on a time and materials basis; in accordance with the rate schedule provided by the eontractor, or as a negotiated lump sum cost, The City reserves the right to separately bid the repair, or replacement work. EXHIBIT C EXHIBIT C CHANGE ORDER Exhibit C CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT CONTRACT CHANGE ORDER NO. _ SUPPLEMENT NO. _ SHEET _ OF SHEETS PROJECT: TO: P.O. NO. CONTRACTOR REQUESTED BY: City of Vernon You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the rnno-art Contract Amount (Base Bid) ............................................... $ Amount of This Change Order . . .............. . ............................ $ Amount of Previous Chan a Orders ............. I ........... $ TotalChange Orders ........................................ I............. $ Modified Contract Amount By reason of This change order the time of _ completion will be adjusted as follows: Approved: Date: Director of Community Services & Water Attest: Date: Willard Yamaguchi, City Clerk We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, ucept as may otherwise be noted above, and perform all services necessary for the work above specified, and Will accept as full payment therefore the prices shown above. Accepted Date: - Contractor: 13y: Title: c� Prniecf File/Cnnlrartnr/Pirr6�eiee - - Rev. U3/10 EXHIBIT D EXHIBIT D LIVING WAGE PROVISIONS Minimum Livina Waaes: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Dave Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. t Ah-&. OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 July 19, 2012 Fleming Environmental, Inc. Attn: Terry L. Fleming, Jr. President 1372 E. Valencia Drive Fullerton, CA 92831 RE: Services Agreement — Maintenance, Testing & Repair of Storage Tanks, Fuel Dispensers, and Related Facilities Dear Mr. Fleming: The insurance requirements have been met. Transmitted herewith is a fully executed original agreement as referenced above, approved by City Council on July 17, 2012, through Resolution No. 2012-134. If you have any questions, please contact Scott Rigg at (323) 583-8811 extension 279. Thank you. Enclosure WY:dj c: S. Kevin Wilson Scott Rigg Purchasing Department Resolution No. 2012-134 Agreement No. 12-067 Dccfusivefy Industriaf SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND FLEMING ENVIRONMENTAL, INC. FOR THE MAINTENANCE, TESTING AND REPAIR OF UNDERGROUND AND ABOVEGROUND FUEL STORAGE TANKS, FUEL DISPENSERS, AND RELATED FACILITIES Contractor: Responsible Principal of Contractor: Notice Information - Contractor: Notice Information - City: Commencement Date: Termination Date: Consideration: COVER PAGE Fleming Environmental, Inc. Terry L. Fleming Jr., President Fleming Environmental, Inc. 1372 E. Valencia Drive Fullerton, CA 92821 Attention: Terry L. Fleming Jr., President Phone: (714) 871-2800 Facsimile: (174) 871-2801 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Kevin Wilson, Director of Community Services & Water Telephone: (323) 583-8811 ext. 245 Facsimile: (323) 826-1435 July 17, 2012 July 17, 2013, unless extended pursuant to Section 1 Total not to exceed $8,050.00 (includes all applicable sales tax); and more particularly described in Exhibit B Records Retention Period Three (3) years SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND FLEMING ENVIRONMENTAL, INC. FOR THE MAINTENANCE, TESTING AND REPAIR OF UNDERGROUND AND ABOVEGROUND FUEL STORAGE TANKS, FUEL DISPENSERS, AND RELATED FACILITIES THIS AGREEMENT is made and entered into as of July 17, 2012, ("Effective Date"), by and between the City of Vernon, a California charter City and California municipal corporation ("City"), and Fleming Environmental, Inc., a California corporation ("Contractor"). City and Contractor are collectively referred to herein as the "Parties." RECITALS A. City desires to have certain maintenance, testing and repair of its underground and aboveground fuel storage tanks, fuel dispensers, and related facilities, as more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit A. B. Contractor represents it is qualified and capable of furnishing the labor, materials, and expertise necessary to perform such services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, the Parties agree as follows: Section 1. Term and Time of Performance. (a) This Agreement shall commence upon the Commencement Date listed on the Cover Page, and shall remain and continue in effect through the Termination Date listed on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City may renew this Agreement on a year-to-year basis at its discretion. (b) In the event that City renews this Agreement, Contractor may submit a proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent to renew. Any increase in rates must be approved by City before such increase can take effect. If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may terminate the renewal by giving thirty (30) days written notice. Section 2. Performance. (a) Contractor shall perform the services and tasks described and set forth in the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed upon in writing signed by both Parties prior to performance of those additional services. (b) Contractor shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all Services under this Agreement in accordance with the standard of care and skill ordinarily exercised by members of the profession currently practicing in the same locality as the City under similar circumstances and in a manner reasonably satisfactory to City. Contractor shall at all times comply with the highest ethical standards when performing Services for the City. (c) Contractor shall keep itself informed of all local, state, and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. Contractor shall at all times 2 observe and comply with all such ordinances, laws and regulations. City, and its officers, officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by failure of Contractor to comply with this section. (d) Contractor will not be compensated for any work performed not specified in Exhibit A unless City authorizes such work in advance and in writing. Section 3. Compensation. (a) City agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the services and any supplies or goods required by this Agreement, a sum not to exceed the Consideration set forth on the Cover Page and more particularly described in Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services as well as for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery, tax, assembly, and installation, as applicable). (b) There shall be no claims for additional compensation for reimbursable expenses and Contractor shall not be reimbursed for any additional expenses. (c) Change in the scope of services, duties, obligations, durations or total compensation, shall be by written authorization only by the City. A form of Change Order is set forth in Exhibit C attached hereto and incorporated by reference. Section 4. Method of Payment. City shall pay Contractor the Consideration in accordance with the Cost Schedule set forth in Exhibit B. Section 5. Responsible Principals. (a) Contractor's Responsible Principal set forth on the Cover Page shall be principally responsible for Contractor's obligations under this Agreement and shall serve as principal liaison between City and Contractor. Designation of another Responsible Principal by Contractor shall not be made without prior written consent of City. (b) City's Responsible Principal shall be the City Administrator or his designee who shall administer the terms of the Agreement on behalf of City. Section 6. Personnel. (a) All persons performing Services shall have all the necessary technical expertise, permits, professional licenses, certificates, training, and other qualifications required by this Agreement or other applicable laws. Contractor shall provide City with said permits, licenses, and certificates at the request of City. (b) Contractor represents that it has, or shall secure at its own expense, all personnel required to perform Contractor's Services under this Agreement. All personnel engaged in the work shall be qualified to perform such Services. Section 7. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license. Except as provided herein below, Contractor shall obtain and pay for all permits and licenses required by federal, state or local law, rule or regulation. Costs for obtaining City licenses and permits required under this Agreement shall be waived. Section B. Access. Contractor shall comply with all reasonable access and other restrictions that City may impose. No access to City property for performance of the Services shall be permitted prior to delivery to City of proof of insurance paid and maintained by Contractor. Section 9. Contractor's Duties and Representations. Contractor represents, covenants and agrees as follows: (a) There are no obligations, commitments, or impediments of any kind that will limit or prevent performance of the Services. (b) Contractor presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with Contractor. (c) There is no litigation pending against Contractor and Contractor is not the subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to its actual knowledge, have been convicted of a felony. Section 10. Independent Contractor. (a) Contractor is and shall at all times remain, as to City, a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, officials, employees, agents, or volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. (b) No employee benefits shall be available to Contractor or its officers, employees, or agents in connection with the performance of this Agreement. Except for Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. City shall not be liable for compensation or indemnification to Contractor or its officers, employees, or agents for injury or sickness arising out of performing services hereunder. (c) Contractor agrees to pay and be responsible for paying all Federal, State and local taxes for compensation received by Contractor from City while performing services for City. 4 Section 11. Termination. (a) Termination Right. City may, at any time, for any reason or for no reason, with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5) calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. (b) In the event of termination or cancellation of this Agreement by City, due to no fault or failure of performance by Contractor, Contractor shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. (c) Actions Subsequent to Termination. In the event of termination of this Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below, to City within thirty (30) days after the termination of this Agreement. Contractor shall also take all such other action as City reasonably requires and shall cooperate with City to effectuate an orderly and systematic termination of Contractor's duties and activities hereunder. (d) All of the terms and conditions in the Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 12. Limitation of City's Liability. City's liability on any kind of claim for any loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no case exceed the amount that would be paid to Contractor for the full performance of the services required by this Agreement. In no event shall City be liable for anticipated profits or for incidental, consequential or punitive damages. City shall not be liable for penalties of any description. Section 13. Confidential Status: Disclosure of Information. (a) Confidential Status; Disclosure of Information. All data, customer information, business practices, business methods, privileged information, trade secrets, financial statements, floor plans, designs, blueprints, maps, surveys, drawings, models, reports, correspondence, logs, documents, materials or other information developed or created by Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the performance of this Agreement ("Confidential Information") are deemed confidential and shall not be disclosed by Contractor to any third party without City's prior written consent. City reserves all rights to Confidential Information. City shall grant consent if disclosure is legally required. All Confidential Information shall be returned to City upon completion or termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. City may disclose to third parties any Confidential Information at its sole discretion. (b) Contractor's obligation not to disclose any Confidential Information shall not extend to information that: i. was in the possession of, or was rightfully known by, the Contractor without an obligation to maintain its confidentiality prior to receipt from City; this Agreement; ii. is or becomes generally known to the public without violation of Ill. is obtained without an obligation of confidentiality by the Contractor in good faith from a third party having the right to disclose it without an obligation of confidentiality; or iv. information which is required to be disclosed pursuant to any court order or directive having the force of law. . (c) The provisions of this section shall survive the termination of this Agreement. Section 14. Technical Materials. City reserves all rights to any and all tools, dies, patterns, plates or other similar technical materials furnished or paid for by City, and Contractor shall use such materials in strict confidentiality and shall return the same to City at its request upon completion or termination of this Agreement. Contractor shall not copy or otherwise use any such materials for any purposes other than the completion of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Section 15. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for Records Retention Period. City shall have access, without charge, during normal business hours to such records, and the right to examine and audit the same and to make copies and transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Section 16. Default. Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to Contractor. Section 17. Indemnification. Contractor agrees to defend, indemnify, protect and hold harmless City, Its officers, officials, employees, agents, and volunteers from and against any and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties, fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise out of, result from, or are in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the sole negligence or willful misconduct of City, its officers, officials, employees, agents, or volunteers. THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION. The obligations in this section are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. M Section 18. Insurance. (a) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents. (b) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Contractor or Contractor's officers, employees, or agents in performing the services required by this Agreement. (c) Contractor agrees to maintain in force at all times during the performance of work under this Agreement worker$ compensation insurance as required by law. (d) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, and provide policy coverage and terms at least as broad as those required in the primary insurance. (e) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Professional Liability Insurance with minimum limits of One Million Dollars ($1,000,000) on a claims made basis, to protect City from any losses sustained through any errors or omissions committed by Contractor or Contractor's officers, employees or agents in performing Serivices required by this Agreement. Further, if the policy is on other than an occurrence basis, Contractor shall maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed. (f) Contractor shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement. (g) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a B+; VII in the latest edition of Best's Insurance Guide. (h) Contractor agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense, the premium thereon. (i) At all times during the term of this Agreement, Contractor shall maintain on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City Attorney and Risk Manager, along with a copy of the policy declarations page for each policy showing that the aforesaid policies are in effect in the required amounts. Upon request by City, Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing that the coverage and policy endorsements required under this Agreement are maintained in 7 force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk Manager, such certificate or certificates and a copy of the policy declarations page for each policy. The policies of insurance required by this Agreement shall contain an additional insured endorsement naming the City, its officers, officials, employees, agents, and volunteers as insured's. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. Q) The insurance provided by Contractor shall be primary to any coverage available to City, and any insurance or self-insurance maintained by City, its officers, officials, employees, agents, or volunteers shall be excess of Contractor's insurance and shall not contribute with it. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, its officers, officials, employees, agents, and volunteers. (k) Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses. Section 19. Certification. In accordance with the provisions of Section 3700 of the Labor Code, Contractor shall secure the payment of compensation to Contractor's employees. By executing this Agreement, Contractor certifies the following: Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and Contractor will comply with such provisions before commencing the performance of the work of this Agreement. Section 20. Standard Specifications. The work done pursuant to this Agreement shall be done in accordance with the provisions of the most current edition of "Standard Specifications for Public Works Construction" (commonly known as "the Green Book") including Supplements, prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California, which specifications are hereinafter referred to as the "Standard Specifications." The provisions of these Standard Specifications shall apply to the work performed under this Agreement, unless different standards are specified in Exhibit A or agreed to in writing by the City. Section 21. Compliance with Laws. Contractor shall keep itself informed of and comply with all Applicable laws, including without limitation, the Fair Labor Standards Act, the Occupational Safety and Health Act and all those Applicable Laws relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any applicant for employment for reasons of race, color, creed, religion, sex, sexual preference, age or national origin. For purposes of this section, "Applicable Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees, permits, approvals or other applicable requirements of any governmental entity or agency having jurisdiction that are applicable to any aspect of this Agreement that are in force on the Effective Date and as they may be enacted, issued or amended during the term of this Agreement. 93 Section 22. Enforcement of Wage and Hour Laws. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and,40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1 %2 times the basic rate of pay. Living Waces. In addition, Contractor, or Subcontractor, if any, working on City service contracts of any amount, as to all employees spending time on City contracts shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City contracts. The Current Living Wage Standards are set forth in Exhibit D. Upon request, certified payroll shall be provided to the City. Section 23. Materials and Workmanship. City shall have the right to inspect any material used. Material furnished shall be new, complete, ready -for -use and of the latest model, shall not have been used in demonstration or other services and shall have all the usual equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise specified. Equipment, supplies or services that fail to comply with the Agreement requirements regarding design, material or workmanship may be rejected at the option of City. Any materials rejected shall be removed from City premises at the Contractor's sole expense. Section 24. Assignment of Unfair Business Practices. Contractor and its subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. Section 25. Assignment and Subcontractina. Contractor shall not assign or attempt to assign any portion of this Agreement, or subcontract any required performance hereunder, without the prior written approval of City. Any assignment or subcontract made in violation of this section is invalid and void. In the event City grants written approval to Contractor to subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. Section 26. Arbitration and Venue. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the arbitrator shall provide written reasons for their decision. The arbitration decision shall be final and binding on the Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to.this Agreement. Notwithstanding the foregoing, the parties shall be permitted to access the court system to enforce any arbitration award. The exclusive 0 jurisdiction and venue under this Agreement shall be the Superior Court of California, Los Angeles County. Section 27. Attorneys Fees. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys fees and actual costs, which may be set by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. Section 28. Governing Law. This Agreement shall be interpreted and enforced according to, and the Parties rights and obligations governed by, the domestic law of the State of California, without regard to its laws regarding choice of applicable law. Section 29. Entire Agreement and Modifications. This Agreement, including attachments incorporated herein by reference, represents the entire integrated agreement and understanding between the Parties, and supersedes all prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral. This Agreement may only be modified in writing and signed by both Parties. Section 30. Waiver. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach whether of the same or other covenant or condition; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. Section 31. Force Maieure. Neither party shall be considered in default of any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. Section 32. City Not Obligated to Third Parties. City shall not be obligated or liable under this Agreement to any party other than Contractor. City shall timely notify Contractor of the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its reasonable costs incurred in providing the notification required by section. Section 33. Notices. All notices, approvals, consents and other communications between the Parties shall be in writing, and shall be sent by certified mail (return receipt requested) or other delivery service which provides evidence of delivery, using the address set forth on the Cover Page under "Notice Information - City' or "Notice Information —Vendor," as appropriate, or at such other address as may be furnished by either party to the other in writing. Mailed notices will be deemed communicated as of the day of receipt. 10 Section 34. Cover Page and Exhibits. The Cover Page and all documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. Section 35. Headings. Headings used in this Agreement are for convenience and ease of reference only and shall not affect the interpretation of the Agreement. Section 36. Survival of Terms. All of the terms and conditions in this Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 37. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and shall in no way be affected, impaired or invalidated. Section 38. Authority to Execute This Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations under this Agreement. [Signatures Begin on Next Page]. 11 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City and California municipal corporation ®� 9. By: William Davis Mayor Pro-Tem Fleming Environmental, Inc., a California corporation y; Name: Terry L. Fleming Jr. Title: Pre ' dent By: Name: Terry L. Fleming Jr. Title: Secretary 12 EXHIBIT A EXHIBIT A EXHIBIT A SCOPE OF SERVICES Contractor shall perform the services described in the proposal dated June 5, 2012, on behalf of the City. A copy of the Work Plan provided for in the proposal is attached hereto and incorporated by reference. "A Work Plan UST Desienated Operator Monthly Site Inspections: Alarm History Review S• Paperwork Inspections ❖ Paperwork/Compliance Binder Organization and Reporting •` Compliance Inspection (one -hour per month / per facility) ❖ Reporting to Regulatory Agency •:• Report Generation and Submittal to Client Sump Inspection ❖ Annual Training (concurrent with Monthly site visit) SB989 (Secondary Containment) Testine: Notification to appropriate regulator of date and time of scheduled test. ❖ Two -man testing crew Annular Test ❖ Secondary Test :• Sump Test 6• UDC Test Spill Bucket Test 44- Test result preparation and submittal to appropriate regulatory agency within the required amount of time. Vapor Recovery Testing (Phase I EVR Systems): Notification to appropriate regulator of date and time of scheduled test. TP 201.3 (Pressure Decay Test) ❖ TP 201.4 (Dynamic back Pressure Test) ❖ TP 201.6 (Liquid Removal Test —If Needed) ❖ Test result preparation and submittal to appropriate regulatory agency within the required amount of time. Vapor Recovery Testing (Phase 11 EVR Systems): ❖ Notification to appropriate regulator of date and time of scheduled test. ❖ TP 201.3 (Pressure Decay Test) ❖ TP 201.4 (Dynamic back Pressure Test) ❖ TP 201.1 B (Static Torque Test) ❖ TP 201.1D (Droptube Test) ❖ Nozzle Bag Test ❖ Clean Air Separator and/or Vapor Polisher ❖ V/L Field Test Data Report ❖ Test result preparation and submittal to appropriate regulatory agency within the required amount of time. Annual Monitor System Certification: 13 ❖ Notification to appropriate regulatory agency/personnel of date and time of scheduled test. ❖ Inspect panel for proper function ❖ Remove covers that house sensors Test each sensor for proper function at Monitor Panel ❖ Clean all sensors and ensure proper placement in the sumps' ❖ Install manway screws with anti -seize compound Test all line leak detectors •:• Attach test verification stickers S• Insure local agency forms are completed Test all spill buckets :• Test result preparation and submittal to appropriate regulatory agency within the required amount of time. 14 EXHIBIT B EXHIBIT B EXHIBIT B FEES Contractor shall be paid an amount not to exceed $8,050.00 to perform the Services described in Exhibit A in accordance with the Bidding Schedule, a copy of which is attached hereto and incorporated as referenced. Invoices shall include the period for which Services were provided, the dates of such Services, and a description of the Services provided for that billing period. Each invoice shall include copies of timesheets and other supporting documents as City may require. Payments of each invoice shall be made by City within thirty (30) days following receipt of each invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of the disputed invoices. Any amounts in dispute shall be withheld until resolution. ATTACHEMENT B BIDDING SCHEDULE FACLLrrY MONTHLY COST ANNUAL COST TRIENNIAL COST - G Yard ekw Gronnd Tanks Deal ated eratorStrvim rrbrmedMonth 80.00 960.00 Conduct Annual Monitorin and Catifteation Systm Test erfonned Annuall 500.0 ill Bucket Leak Test etformed Annall 150.OQ A MD RuleNO.461 Vapor Test TaftfoledAnnuall on Tenk's 2 & 3 SB 989 Secondary Leak Test erfmned Triamially: Scheduled tbr2014 Fire Station No.l fAbave Ground Tanks Deal ated0periatutService, qeamndrvtonthj 80.0.0.. 960.00. -A MD Rule NO. 461VaorReeo Test' ertbrmedAnncall onTank 2 600.00 Fire Staden No.2 ekw Graond Tanks ' Deli led torSmka Lftf000ad Monad 80;00 '960.00 Conduct Annual Monitorin and Certification ksst Teat Annuall a Bud et i<ak Tar erfo meal A na 50.0 SB 989 Seconds Leak Tat e*urned Triennial . Scheduled for 2014 Flrc Station No.3 elow Ground Tanks) Desi Bled eratbrSmiea er6nmed Month[ 80.00 . Coodue`iAnnual Monitorin rulCcrti5catjunSyc&Tt erfouned Annual[ - S'I[BucketLeakTeat erformcd Armuali 50 QQ SB 989 Second Leak Tat M Trianiall .Scheduled lbr2014 Fire Station Ne.4 ow Ground Tanks Mon0t1 Deli ated eratersetvim erlbmaed960.00 $0' O0' ConductAtuerst Mouitotin and Cutifiation tam Tat PorfMcd Annuail HI Bucket Leak Tat eMormed Annual ' SB 989 Seead Leak Tat amred Tricardall . Sch uled s,20 4 -- 750.00 GRAND TOrAt COST 400.00 8 0- 0 PAYMENT TERMS Jn addition to'the Bidding -Schedule, the contractor shall provide a rate schedule for labor and equipment and provide mark up rates for materials. Monthly work shall be paid to the contractor on a monthly basis. Annual and triennial work shall be Paid to the contractor when the actual work is completed to the City's satisfaction, and in accordance with the Scope of Work. The City will schedule all annual and triennial work for the contractor. All repair work shall be performed on a time and materials basis; in accordance with the rate schedule Provided by the contractor; or as a negotiated lump sum cost. The City reserves the right to separately bid the repair, or replacement work. • EXHIBIT C EXHIBIT C EXHIBIT C CHANGE ORDER Exhibit C CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT CONTRACT CHANGE ORDER NO. SUPPLEMENT NO. SHEET OF SHEETS PROJECT: P.O. NO. TO: REQUESTED BY: of Vernon CONTRACTOR You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. Contract Amount (Base Bid) ............................................... $ Amount of This Change Order I ................................ I............ $ Amount of Previous Chan a OrdersI ......................................... $ Total Change OrdersI ..................................................... Isi Modified Contract Amount ............................................. $ By reason of [his change order the time of completion will be adjusted as follows: Approved: Date: Director of Community Services & Water Attest: Date: Willard Yamaguchi, City Clerk We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Contractor: By: Title: c: Project File/Contractor/Purchasing Rev. 03/10 EXHIBIT D EXHIBIT D EXHIBIT D LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. From: Arriola, Justin Sent: Monday, July 23, 2012 8:08 AM To: Juarez, Debbie Subject: RE: Insurance Inquiry for Santa Fe Building Maintenance - Approved 07/17/12 - Res. No. 2012-133 Good Morning Debbie, Fleming Environmental has been approved. Justin Arriola Risk Management Dpt. Jarrio1a@cj.vernon.ca.us 0(323) 583-8811 ext:315 CONFIDENTLUITY NOTICE: This e-mail transmission, and any documents, files or Previous e-mail messages attached to it may contain confidential information that is legally Privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBI'PED. If you have received this transmission in error, please immediately notify the sender. Plcase destroy the original transmission and its attachments without reading or saving in any manner. From: Juarez, Debbie Sent: Wednesday, July 18, 2012 9:27 AM To: Arriola, Justin Subject: RE: Insurance Inquiry for Santa Fe Building Maintenance - Approved 07/17/12 - Res. No. 2012-133 Thanks. Please let me know when Fleming has been approved and when Petrelli provides valid insurance. Oehorah juarez q?Xcorrfs riblanagementAssistant City of 'crnon - City Cferk!s Office 4305Sa1ffi7 T'elvernua Vernon, CA 90058 (323) 583-8811 From: Arriola, Justin Sent: Wednesday, July 18, 2012 9:25 AM To: Juarez, Debbie Subject: RE: Insurance Inquiry for Santa Fe Building Maintenance - Approved 07/17/12 - Res. No. 2012-133 Hey Debbie, Santa Fe Building Maintenance —Provided appropriate insurance. Canon Corporation — Provided appropriate insurance. Fleming Environmental — Insurance provided needs to be approved by Willard. Petrelli Electric Inc. — Does not have valid insurance. Justin Arriola Risk Management Dpt. `*Ja rriola@ci: vernon. ca. us 0(323) 583-8811 ext:315 CONPIDENTIALIT'Y NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, of a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distributionoruse of any of the information contained in or attached to tlus transmission is STRICTLY PROI-III3P1"ED. If you have received this transmission in error, please immediately notify the sender. Please destroy the original transmission and its attachments without reading or saving in any manner. From: Juarez, Debbie Sent: Wednesday, July 18, 2012 8:42 AM To: Arriola, Justin Subject: Insurance Inquiry for Santa Fe Building Maintenance - Approved 07/17/12 - Res. No. 2012-133 Hi Justin. Please let me know if the above -referenced contractor has valid insurance on file. Thank you. OeGont( Juarez tl4conds Wanagerneut /7ssistmtt City of Vernon - City Cferk's office 4305 Santa ric Uenue Ver'rtorr, CA 90058 (,323) 583-8811 2 P` p} IRECEIVED :., JUL 10 2012 CITYCLEM OFFICE STAFF REPORT COMMUNITY SERVICES & WATER DEPAII RECEIVED JUL 0 2 2012 CITY ADMINISTRATION _6 DATE: July 2, 2012 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson, Director of Community Services &Water RE: Maintenance, Testing and Repair of Underground and Aboveground Fuel Storage Tanks, Fuel Dispensers, and Related Facilities On Tuesday, June 5, 2012, the Department of Community Services and Water (Department) received back proposals in response to the Request for Proposal for the Maintenance, Testing and Repair of Underground and Aboveground Fuel Storage Tanks, Fuel Dispensers, and Related Facilities. The results of the proposals are reflected below in terms of annual costs: • Fleming Environmental, Inc. • Fuel Pros, Inc. • Dennis D. Rock Construction $8,050.00 $9,130.00 $16,775.06 In review of the received proposals, Fleming Environmental Inc., (Fleming) appears to have the staffing expertise to handle the logistical tasks required to service a contract as large as the City's. They have extensive experience in servicing a variety of different public agencies; and posses ICC and manufacturer's certifications for UST/AST repairs and installations. Their references have given them high marks in terms of quality of work and customer service. Fleming's proposal was rated the highest of the three proposers followed by Fuel Pros. Dennis Rock's proposal was rated a distant third due to its high cost and failure to address many of the requirements outlined in the Request for Proposal. The City Attomey's office has prepared a Services Agreement between the City of Vernon and Fleming Environmental Inc. for the Maintenance, Testing and Repair of Underground and Aboveground Fuel Storage Tanks, Fuel Dispensers, and Related Facilities. The Services Agreement has been executed by Fleming Environmental, Inc, It is my recommendation the City Council approve the Services Agreement between the City of Vernon and Fleming Environmental, Inc. at the July 17, 2012 City Council meeting. The effective date will be July 17, 2012. Thank you. SKW/sr Enclosures COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM Mark Whitworth, City Administrator Samuel Kevin Wilson, of Community Services and Water DATE: July 2, 2012 SUBJECT: Maintenance, Testing and Repair of Underground and Aboveground Fuel Storage Tanks, Fuel Dispensers, and Related Facilities On Tuesday, June 5, 2012, the Department of Community Services and Water (Department) received back proposals in response to the Request for Proposal for the Maintenance, Testing and Repair of Underground and Aboveground Fuel Storage Tanks, Fuel Dispensers, and Related Facilities. The results of the proposals are reflected below in terms of annual costs: • Fleming Environmental, Inc. • Fuel Pros, Inc. • Dennis D. Rock Construction $8,050.00 $9,130.00 $16,775.00 hi review of the received proposals, Fleming Environmental Inc., (Fleming) appears to have the staffing expertise to handle the logistical tasks required to service a contract as large as the City's. They have extensive experience in servicing a variety of different public agencies; and posses ICC and manufacturer's certifications for UST/AST repairs and installations. Their references have given them high marks in terms of quality of work and customer service. Fleming's proposal was rated the highest of the three proposers followed by Fuel Pros. Dennis Rock's proposal was rated a distant third due to its high cost and failure to address many of the requirements outlined in the Request for Proposal. The City Attorney's office has prepared a Services Agreement between the City of Vernon and Fleming Environmental Inc. for the Maintenance, Testing and Repair of Underground and Aboveground Fuel Storage Tanks, Fuel Dispensers, and Related Facilities. The Services Agreement has been executed by Fleming Environmental, Inc. A Staff Report is herein attached recommending the City Council approve the Services Agreement between the City of Vernon and Fleming Environmental, Inc. at the July 17, 2012 City Council meeting. The effective date will be July 17, 2012. Thank you. SKW/sr Enclosures F\Sm Vgwdit Dx &\ELd Teda\W UD&gUMnd&AboreWr Tark.\ P.Cdy Adminairwor Unde, W&Aboleff u S WT ft M2.d - Client#:1266412 305FLEMIENV ACORM CERTIFICATE OF LIABILITY INSURANCE D 04/26/00/YYYY) 4/26/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate hostler in lieu of such endorsement(s). PRODUCER N Gloria Gabriel or Mary Faber EIB&T Insurance Services PM, Eat:714578-7000 AIC No: of Orange County E-MAIL 680 Langsdorf Drive Suite 100 ADDRESS, Fullerton, CA 92831 INSURERS) AFFORDING COVERAGE NAIC N INSURER A: Charlie Specialty Insurance Co 26883 INSURED INSURER B: General Insurance Co of America 24732 Fleming Environmental Inc. INSURERC: Granite State Insurance Company 23809 t East Valencia Drive INSURER o: Travelers Property Casualty Co 25674 Fullerton, CA 92831 INSURER E: IN6URER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CONTRACTOR 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. INSR LTR TYPE OF INSURANCE ADDLSUB INSR WVD POLICY NUMBER POLICY EFF MWDD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CIAIMS-MADE FxIOCCUR X Pollution Liability PROP2018813 D9101i2011 09/01/201 EACH OCCURRENCE $1000000 PREMISES?ERE NT.l5D ce $300000 NED EXP(Any one person) $2$000 PERSONAL & ADV INJURY $1000000 X Professional Llab. GENERAL AGGREGATE $2,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- LOC PRODUCTS-COMP/OP AGG s2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON OWNED HIRED AUTOS N AUTOS 24CC2857812 0910112011 09/0112012 EaeBIINEDISINGLE LIMIT 1,000,000 X BODILY INJURY (Per person) S ( BODILY INJURY Peraaitlenl) $ X PROPERTY DAMAGE Per accident) $ b A UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE PROU2019429 0910112011 09/0112012 EACH OCCURRENCE $5 000 000 X AGGREGATE $5 000 000 DED I X I RETENTION$0 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITYER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory In NH) Ifyes, describe under DESCRIPTION OF OPERATIONS below NIA WC65256167 5/01/2012 05101/20113 X JOTH. E.L. EACH ACCIDENT S1000000 E.L. DISEASE - EA EMPLOYEE $1000000 E.L. DISEASE -POLICY LIMIT $1000000 D Equipment Rented/Leased CIT6606686M19ATIL11 9/01/2011 09101/2012 $160,000 Max Per item $1,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, a more apace Is required) Re: Fuel Storage Tank Testing and Repairs City of Vernon is named additional insured as respects general liability, as required by written contract, per endorsement attached. City of Vernon 4305 Santa Fe Ave Vernon, CA 90058 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2010105) 1 of 1 #S8537781/M8537744 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KAVON ENDORSEMENT NO. 13 This endorsement, effective 12.01 AM, September 1, 2011 Forms a part of Policy No: PROP 2018813 Issued to: FLEMING ENVIRONMENTAL INC By: CHARTIS SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY_ ADDITIONAL INSURED I PRIMARY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY AND PROFESSIONAL LIABILITY POLICY In consideration of an additional premium of $INCLUDED it is hereby agreed that the following is included as an Additional Insured as respects Coverage A and B but only as respects liability arising out of your work for the Additional Insured by or for you. Additional Insured: BLANKET WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT This does not apply to bodily injury or property damage arising out of the sole negligence or wailful misconduct of, or for defects in design furnished by, the Additional Insured. As respects the coverage afforded the Additional Insured, this insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such Additional Insured whether primary, excess, contingent, or on any other basis. This. endorsement does not increase the Company's limits of liability as specified in the Declarations of this policy. All other terms, conditions, and exclusions shall remain the same. jJ4404 AUTHORIZED REPRESENTATIVE or countersignature (in states where applicable) 90667 (04/06) CI2791 PAGE.1 OF 1 a W LA g W 0 Z Q OC W z z W a 0 J W LL N Y Z Q H W a z 0 J W LL z m' 0 K 7 O H Q W_ 0 F z J a a o LL z 0 w. c� W z LL Q cc Q a W z Q z H H ' W F W u z a z W '- z z a W H z 0 LL a LL K C z d `w Y d `e V h v W y b V M Xpq fL N M X N W d q Y � W N (A OMi ti N M OY m a �C d tI U M VI M Vi VI T 00 V Xry C4 ry N M O h X o W v", a w vri d E V V 0 W m E a � a d d � W 'W C CG7 CITY ATTORNEY'S OFFICE INTER -DEPARTMENT MEMORANDUM DATE: June 25, 2012 TO: Samuel Kevin Wilson, Director of Community Services & Water FROM: Willard G. Yamaguchi, Chief Deputy City Attorney RE: Fleming Environmental, Inc. I have received and reviewed the Memorandum dated June 13, 2012, and the attachments thereto. Attached please find the revised Services Agreement for the maintenance, testing and repair of underground and aboveground fuel storage tanks, fuel dispensers and related facilities. WY:em Enclosures flt ,M COMMUNITY SERVICES & WATER DEPARTMV4 OFFICE MEMORANDUM A-6 TO: Willard Yamaguchi, Chief Deputy City Attorney FROM: Samuel Kevin Wilson, Director of Community Services and Water DATE: June 13, 2012 SUBJECT: Maintenance, Testing and Repair of Underground and Aboveground Fuel Storage Tanks, Fuel Dispensers, and Related Facilities On Tuesday, June 5, 2012, the Department of Community Services and Water (Department) received back proposals in response to the Request for Proposal for the Maintenance, Testing and Repair of Underground and Aboveground Fuel Storage Tanks, Fuel Dispensers, and Related Facilities. The results of the proposals are reflected below in terms of annual costs: • Fleming Environmental, Inc. • Fuel Pros, Inc. • Dennis D. Rock Construction $8,050.00 $9,130.00 $1.6,775.00 In review of the received proposals, Fleming Environmental Inc., (Fleming) appears to have the staffing expertise to handle the logistical tasks required to service a contract as large as the City's. They have extensive experience in servicing a variety of different public agencies; and posses ICC and manufacturer's certifications for UST/AST repairs and installations. Their references have given them high marks in terms of quality of work and customer service. Fleming's proposal was rated the highest of the three proposers followed by Fuel Pros. Dennis Rock's proposal was rated a distant third due to its high cost and failure to address many of the requirements outlined in the Request for Proposal. Please prepare a revised Services Agreement between the City of Vernon and Fleming Environmental Inc. for the Maintenance, Testing and Repair of Underground and Aboveground Fuel Storage Tanks, Fuel Dispensers, and Related Facilities. The effective date will be July 3, 2012. The cost shall not exceed $10,500 annually. Thank you. SKW/sr Enclosures F.�vll�Sm¢N1Y Uocarc 'F-TadaV UnkW® &AhoM-IM Ta&s\RH%Undn--i d& A� Stage T.A. M121. CITY OF VERNON CONTRACTOR RFP SCORING SHEET RFP Title: 9P,1 pULR V104!S Contractor: �,ln �n U rp���� d�d Evaluator:._�� Fk � 1/hE'i Date: c) - (n , Z Selection Criteria (a) (b) Criteria Maximum Score Score 1. Costs 65� Score shall be calculated by taking the lowest contractors annual or project price and dividing by the subject contractor's price than multiplying the result by the maximum score. 2. References 10 Three references shall be checked. Contractor shall receive a maximum of 10/3 of a point for each reference. Points may be deducted for contracts that have been terminated and for references that fail to support contractors claim of capabilities, production, or skilled personnel or services. A significant unacceptable weakness may result in a zero score. A zero score in this category may result in rejection of the proposal as nonresponsive. 3. Experience 10 r_1 Proposers or its managing employees must have a minimum of three Q years experience. Failure to demonstrate minimum lengths of experience may result in rejection of the proposal. Higher points will be given to contractors who have provided like services to similar agencies, other considerations include experience and capabilities of key personnel, and subcontractors, if any. 4. Work Plan 15 Score will be based on the extent in which the contractor demonstrates �JJ ppp Lt I its likeliness to meet or exceed performance requirements set forth in the scope of work, including ability to render timely and responsive work, to respond to emergencies, and to provide a professional level of quality in the service and work product provided. Highest scores will be awarded to the most detailed and comprehensive work plans, including but not limited to specific discussion of relevant work, staffing plans, quality assurance plans, schedules, management, subcontracting, training, and communications. / Total 100 CITY OF VERNON CONTRACTOR RFP SCORING SHEET RFP Title:ZL-�V-y & Contractor �l d M .� Gti� r.o •�wi. Evaluator: C ,. rv- Q .4. Selection Criteria Date: L-c1 - %1— (a) (b) Criteria Maximum Score Score 1. Costs 65 Score shall be calculated by taking the lowest contractors annual or project price and dividing by the subject contractor's price than multiplying the result by the maximum score. 2. References Q 10 p Three references shall be checked. Contractor shall receive a maximum of 10/3 of a point for each reference. Points may be deducted for contracts that have been terminated and for references that fail to support contractors claim of capabilities, production, or skilled personnel or services. A significant unacceptable weakness may result in a zero score. A zero score in this category may result in rejection of the proposal as nonresponsive. 3. Experience 10 Proposers or its managing employees must have a minimum of three years experience. Failure to demonstrate minimum lengths of experience may result in rejection of the proposal. Higher points will be given to contractors who have provided like services to similar agencies, other considerations include experience and capabilities of key personnel, and subcontractors, if any. 4. Work Plan 15 �Z Score will be based on the=extent in which the contractor demonstrates its likeliness to meet or exceed performance requirements set forth in the scope of work, including ability to render timely and responsive work, to respond to emergencies, and to provide a professional level of quality in the service and.work product provided. Highest scores will be awarded to the most detailed and comprehensive work plans, including but not limited to specific discussion of relevant work, staffing plans, quality assurance plans, schedules, management, subcontracting, training, and communications. Total 100 q3 �� CITY OF VERNON CONTRACTOR RFP SCORING SHEET RFP Title: -k `nm Contractor. Evaluator: u,�i S�Y 1/1 °�i Date: (o Selection Criteria (a) (b) Criteria Maximum Score Score 1. Costs 65 j Score shall be calculated by taking the lowest contractors annual t or project price and dividing by the subject contractor's price than multiplying the result by the maximum score. 2. References 10 C, �J Three references shall be checked. Contractor shall receive a maximum of 10/3 of a point for each reference. Points may be deducted for contracts that have been terminated and for references that fail to support contractors claim of capabilities, production, or skilled personnel or services. A significant unacceptable weakness may result in a zero score. A zero score in this category may result in rejection of the proposal as nonresponsive. 3. Experience 10 Proposers or its managing employees must have a minimum of three ! years experience. Failure to demonstrate minimum lengths of experience may result in rejection of the proposal. Higher points will be given to contractors who have provided like services to similar agencies, other considerations include experience and capabilities of key personnel, and subcontractors, if any. 4. Work Plan 15 Score will be based on the extent in which the contractor demonstrates its likeliness to meet or exceed performance requirements set forth in the scope of work, including ability to render timely and responsive work, to respond to emergencies, and to provide a professional level of quality in the service and work product provided. Highest scores will be awarded to the most detailed and comprehensive work plans, including but.not limited to specific discussion of relevant work, staffing plans, quality assurance plans, schedules, management, subcontracting, training, and communications. c �r Total 100 Client#:1266412 305FLEMIENV ACORM CERTIFICATE OF LIABILITY INSURANCE D 04/26/00/YYYY) 4/26/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate hostler in lieu of such endorsement(s). PRODUCER N Gloria Gabriel or Mary Faber EIB&T Insurance Services PM, Eat:714578-7000 AIC No: of Orange County E-MAIL 680 Langsdorf Drive Suite 100 ADDRESS, Fullerton, CA 92831 INSURERS) AFFORDING COVERAGE NAIC N INSURER A: Charlie Specialty Insurance Co 26883 INSURED INSURER B: General Insurance Co of America 24732 Fleming Environmental Inc. INSURERC: Granite State Insurance Company 23809 t East Valencia Drive INSURER o: Travelers Property Casualty Co 25674 Fullerton, CA 92831 INSURER E: IN6URER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CONTRACTOR 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. INSR LTR TYPE OF INSURANCE ADDLSUB INSR WVD POLICY NUMBER POLICY EFF MWDD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CIAIMS-MADE FxIOCCUR X Pollution Liability PROP2018813 D9101i2011 09/01/201 EACH OCCURRENCE $1000000 PREMISES?ERE NT.l5D ce $300000 NED EXP(Any one person) $2$000 PERSONAL & ADV INJURY $1000000 X Professional Llab. GENERAL AGGREGATE $2,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- LOC PRODUCTS-COMP/OP AGG s2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON OWNED HIRED AUTOS N AUTOS 24CC2857812 0910112011 09/0112012 EaeBIINEDISINGLE LIMIT 1,000,000 X BODILY INJURY (Per person) S ( BODILY INJURY Peraaitlenl) $ X PROPERTY DAMAGE Per accident) $ b A UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE PROU2019429 0910112011 09/0112012 EACH OCCURRENCE $5 000 000 X AGGREGATE $5 000 000 DED I X I RETENTION$0 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITYER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory In NH) Ifyes, describe under DESCRIPTION OF OPERATIONS below NIA WC65256167 5/01/2012 05101/20113 X JOTH. E.L. EACH ACCIDENT S1000000 E.L. DISEASE - EA EMPLOYEE $1000000 E.L. DISEASE -POLICY LIMIT $1000000 D Equipment Rented/Leased CIT6606686M19ATIL11 9/01/2011 09101/2012 $160,000 Max Per item $1,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, a more apace Is required) Re: Fuel Storage Tank Testing and Repairs City of Vernon is named additional insured as respects general liability, as required by written contract, per endorsement attached. City of Vernon 4305 Santa Fe Ave Vernon, CA 90058 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2010105) 1 of 1 #S8537781/M8537744 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KAVON ENDORSEMENT NO. 13 This endorsement, effective 12.01 AM, September 1, 2011 Forms a part of Policy No: PROP 2018813 Issued to: FLEMING ENVIRONMENTAL INC By: CHARTIS SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY_ ADDITIONAL INSURED I PRIMARY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY AND PROFESSIONAL LIABILITY POLICY In consideration of an additional premium of $INCLUDED it is hereby agreed that the following is included as an Additional Insured as respects Coverage A and B but only as respects liability arising out of your work for the Additional Insured by or for you. Additional Insured: BLANKET WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT This does not apply to bodily injury or property damage arising out of the sole negligence or wailful misconduct of, or for defects in design furnished by, the Additional Insured. As respects the coverage afforded the Additional Insured, this insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such Additional Insured whether primary, excess, contingent, or on any other basis. This. endorsement does not increase the Company's limits of liability as specified in the Declarations of this policy. All other terms, conditions, and exclusions shall remain the same. jJ4404 AUTHORIZED REPRESENTATIVE or countersignature (in states where applicable) 90667 (04/06) CI2791 PAGE.1 OF 1 CITY OF VERNON CONTRACTOR RFP SCORING SHEET RFP Title: Contractor: V roD et Q,�c,"y. I Asc.,,...cw l lz---1-T-t'4' Evaluator: 'CT L-( Date: L -,;,— t2 Selection Criteria (a) (b) Criteria Maximum Score Score 1. Costs 65 Score shall be calculated by taking the lowest contractors annual or project price and dividing by the subject contractor's price than multiplying the result by the maximum score. 2. References 10 C� Three references shall be checked. Contractor shall receive a maximum of 10/3 of a point for each reference. Points may be deducted for contracts that have been terminated and for references that fail to support contractors claim of capabilities, production, or skilled personnel or services. A significant unacceptable weakness may result in a zero score. A zero score in this category may result in rejection of the proposal as nonresponsive. 3. Experience 10 Q Proposers or its managing employees must have a minimum of three U years experience. Failure to demonstrate minimum lengths of experience may result in rejection of the proposal. Higher points will be given to contractors who have provided like services to similar agencies, other considerations include experience and capabilities of key personnel, and subcontractors, if any. 4. Work Plan 15 Z� Score will be based on the extent in which the contractor demonstrates its likeliness to meet or exceed performance requirements set forth in the scope of work, including ability to render timely and responsive work, to respond to emergencies, and to provide a professional level of quality in the service and work product provided. Highest scores will be awarded to the most detailed and comprehensive work plans, including but not limited to specific discussion of relevant work, staffing plans, quality assurance plans, schedules, management, subcontracting, training, and communications. Total 100 im 70 c -S CITY OF VERNON CONTRACTOR RFP SCORING SHEET RFP Title: Contractor: MtZ Evaluator: t� ��{-'A� Date: (C Selection Criteria (a) (b) Criteria Maximum Score Score 1. Costs 65 Score shall be calculated by taking the lowest contractors annual q 3 or project price and dividing by the subject contractor's price than multiplying the result by the maximum score. 2. References 10 Three references shall be checked. Contractor shall receive a maximum of 10/3 of a point for each reference. Points may be deducted for contracts that have been terminated and for references that fail to support contractors claim of capabilities, production, or skilled personnel or services. A significant unacceptable weakness may result in a zero score. A zero score in this category may result in rejection of the proposal as nonresponsive. 3. Experience 10 Proposers or its managing employees must have a minimum of three years experience. Failure to demonstrate minimum lengths of experience may result in rejection of the proposal. Higher points will be given to contractors who have provided like services to similar agencies, other considerations include experience and capabilities of key personnel, and subcontractors, if any. 4. Work Plan Score 15 - will be based on the extent in which the contractor demonstrates its likeliness to meet or exceed performance requirements set forth in the scope of work, including ability to render timely and responsive work, to respond to emergencies, and to provide a professional level of quality in the service and work product provided. Highest scores will be awarded to the most detailed and comprehensive work plans, including but not limited to specific discussion of relevant work, staffing plans, quality assurance plans, schedules, management, subcontracting, training, and communications. Total 100 CITY OF VERNON CONTRACTOR RFP SCORING SHEET RFP Title: 1"i w. — 4-F Contractor: . IS Qa G y�r...,4 Evaluator: Ste. TT G?_ Q; Date: Selection Criteria (a) (b) Criteria Maximum Score Score 1. Costs Score shall be calculated by taking the lowest contractors annual 653 or project price and dividing by the subject conhactor's price than multiplying the result by the maximum score. 2. References 10 Three references shall be checked. Contractor shall receive a maximum of 10/3 of a point for each reference. Points may be deducted for contracts that have been terminated and for references that fail to support contractors claim of capabilities, production, or skilled personnel or services. A significant unacceptable weakness may result in a zero score. A zero score in this category may result in rejection of the proposal as nonresponsive. 3. Experience 10 S Proposers or its managing employees must have a minimum of three years experience. Failure to demonstrate minimum lengths of experience may result in rejection of the proposal. Higher points will be given to contractors who have provided like services to similar agencies, other considerations include experience and capabilities of key personnel, and subcontractors, if any. 4. Work Plan 15 ^} Score will be based on the extent in which the contractor demonstrates / its likeliness to meet or exceed performance requirements set forth in the scope of work, including ability to render timely and responsive work, to respond to emergencies, and to provide a professional level of quality in the service and work product provided. Highest scores will be awarded to the most detailed and comprehensive work plans; including but not limited to specific discussion of relevant work, staffing plans, quality assurance plans, schedules, management, subcontracting, training, and communications. Total 100 '� 6 `11, Twk CITY OF VERNON CONTRACTOR RFP SCORING SHEET RFP Title: Contractor: /`� ti., • �,� V�o n y -cn 7�� J Evaluator �„ { / /��� Date: Selection Criteria Criteria (a) (b) Maximum Score Score 1. Costs 65 (o S Score shall be calculated by taking the lowest contractors annual or project price and dividing by the subject contractor's price than multiplying the result by the maximum score. 2. References Three references shall be checked. Contractor shall receive a maximum of 10/3 of a point for each reference. Points may be deducted for contracts that have been terminated and for references that fail to support contractors claim of capabilities, production, or skilled personnel or services. A significant unacceptable weakness may result in a zero score. A zero score in this category may result in rejection of the proposal as nonresponsive. 10 �3 3. Experience 10 Proposers or its managing employees must have a minimum of three g years experience. Failure to demonstrate minimum lengths of experience may result in rejection of the proposal. Higher points will be given to contractors who have provided like services to similar agencies, other considerations include experience and capabilities of key personnel, and subcontractors, if any. 4. Work Plan 15 Score will be based on the extent in which the contractor demonstrates Z its likeliness to meet or exceed performance requirements set forth in the scope of work, including ability to render timely and responsive work, to respond to emergencies, and to provide a professional level of quality in the service and work product provided. Highest scores will be awarded to the most detailed and comprehensive work plans, including but not limited to specific discussion of relevant work, staffing plans, quality assurance plans, schedules, management, subcontracting, training, and communications. Total 100 �� CITY OF VERNON CONTRACTOR RFP SCORING SHEET RFP Title: Contractor: S; /1qC Evaluator: za, /%P zee- h/, Date: Selection Criteria (a) (b) Criteria Maximum Score Score 1. Costs 65 ��' Score shall be calculated by taking the lowest contractors annual or project price and dividing by the subject contractor's price than multiplying the result by the maximum score. 2. References 10 Three references shall be checked. Contractor shall receive a maximum of 10/3 of a point for each reference. Points may be deducted for contracts that have been terminated and for references that fail to support contractors claim of capabilities, production, or skilled personnel or services. A significant unacceptable weakness may result in a zero score. A zero score in this category may result in rejection of the proposal as nonresponsive. 3. Experience 10 Proposers or its managing employees must have a minimum of three years experience. Failure to demonstrate minimum lengths of experience may result in rejection of the proposal. Higher points will be given to contractors who have provided like services to similar agencies, other considerations include experience and capabilities of key personnel, and subcontractors, if any. 4. Work Plan 15 3 Score will be based on the extent in which the contractor demonstrates its likeliness to meet or exceed performance. requirements set forth in the scope of work, including ability to render timely and responsive work, to respond to emergencies, and to provide a professional level of quality in the service and work product provided. Highest scores will be awarded to the most detailed and comprehensive work plans, including but not limited to specific discussion of relevant work, staffing plans, quality assurance plans, schedules, management, subcontracting, training, and communications. Total 100 y CITY OF VERNON CONTRACTOR RFP SCORING SHEET RFP Title: Contractor: le- f�P,,,� 'S �% ✓F Evaluator: --le'Llt//,,.-evll .Fes, H.0 Date: Selection Criteria (a) (b) Criteria Maximum Score Score 1. Costs 65 Score shall be calculated by taking the lowest contractors annual or project price and dividing by the subject contractor's price than multiplying the result by the maximum score. 2. References 10 Three references shall be checked. Contractor shall receive a maximum of 10/3 of a point for each reference. Points may be deducted for contracts that have been terminated and for references that fail to support contractors claim of capabilities, production, or skilled personnel or services. A significant unacceptable weakness may result in a zero score. A zero score in this category may result in rejection of the proposal as nonresponsive. 3. Experience 10 (P Proposers or its managing employees must have a minimum of three years experience. Failure to demonstrate minimum lengths of experience may result in rejection of the proposal. Higher points will" be given to contractors who have provided like services to similar agencies, other considerations include experience and capabilities of key personnel, and subcontractors, if any. 4. Work Plan 15 Score will be based on the extent in which the contractor demonstrates its likeliness to meet or exceed performance requirements set forth in the scope of work, including ability to render timely and responsive work, to respond to emergencies, and to provide a professional level of quality in the service and work product provided. Highest scores will be awarded to the most detailed and comprehensive work plans, including but not limited to specific discussion of relevant work, staffing plans, quality assurance plans, schedules, management, subcontracting, training, and communications. Total 100 Fleming Environmental Incorporated 1372 E. Valencia Dr. * Fullerton, CA 92821 (714)871-2800 * Fax (714)871-2801 License #746017 June 5, 2012 City of Vernon Attn: Scott Riggs 4305 Santa Fe Ave. Vernon, CA 90058 Re: RFP For The Maintenance, Testing and Repair of Underground and Aboveground Fuel Storage Tanks, Fuel Dispensers, and Related Facilities Dear Mr. Riggs, In addition to the bidding schedule `B", please find listed below our rates schedule for labor and equipment including applicable mark-ups: • Service Technician $65.00 Per Technician/Per Hour (Regular Time) $97.50 Per Technician/Per Hour (Overtime) $130.00 Per Technician/Per Hour (Holiday) • Equipment and Parts Cost + 10% Should you have any questions or require additional information, please do not hesitate to contact me at 714-871-2800. Since y, Teny eming Jr. President ATTACHEMENT B BIDDING SCHEDULE FACILITY lK )NTHLY ANNUAL TRIENNIAL COST COST COST Clt Yard elow Ground Tanks Desi ated eratorServices ertunmdMonthl 80.00 - 960.00 Conduct Annual Monitorin and Certification System Test erformed Annually 500.00 ill Bucket Leak Test edonned Annual[ 150.00 LkMD Rule NO.461 Vapor g62= Test erformed Annually on Tank's 2 & 3 800-.00 SR 989 Secondary Leak Test T S! or ned Triennially: Scheduled for 2014 Fire Station No.l fAbGve Ground Tanks Desi ated eratorServices erformedlvionthl 80.00 960.00 - A MD Rule No. 461 Vapor Recovery TestPerformed Annuall on Tank 2 : 600.00 Fire station No.2(Below Ground Tanks Desi ated eratorServices PerfonnedMonthl 80.00 960.00 Conduct Annual Monitoring and Certification System Test etforned Annual[ S ill Bucket Leak Test Performed. Annually).- $0 . 00 . SB989Swond LeakTesE erfonnedTriennially: Scheduledfor20n4 Fire Station No.3(Below Ground Tanks Dwij2aW Operator Services Performed Monthly)80.00 -- 960 Conduit Annual Monitoring attd Certification Systein Test erforned Annual) 3 0.0000 S ill Bucket Leak Test erforned Annuell .00 SB 989 Seconds Leak Test erformed Triennially. Scheduled for 2014 --- -- 756.00 Fire Station No.4(Below Ground Tanks Desi ated erator Services erforned Monthl 80- QQ• Conduct Annual Monitorin and Certification S stem Test Performed Annual[ Spill Bucket Leak Test erfornud Annu,ll SB 989 Second Leak Test erformed Triennially, Scheduled for 2014 ___ __ 750.00 ..... ... .. .. ". GRAND TOTAL COST 400.00 8 050.00 3,750.00 PAYMENT TERMS In addition to'the Bidding- Schedule, the contractor shall provide a rate schedule for labor and equipment and provide mark-up rates for materials. Monthly work shall be paid to the contractor on a monthly basis. Annual and triennial work shall be paid to the contractor when the actual work is completed to the City's satisfaction, and in accordance with the Scope of Work. The City will schedule all annual and triennial work for the contractor. All repair work shall be performed on a time and materials basis; in accordance with the rate schedule provided by the contractor; or as a negotiated lump sum cost. The City reserves the right to separately bid the repair, or replacement work. Submittedby: Fleming Environmental Inc. 1372 E. Valencia Drive Address: Fulle -on, CA•. 92831 Signature: 'Terry L. Fleming, Jr. President 2 JHEMENT B G SCHEDULE FACILITY MONTHLY ANNUAL TRIENNIAL COST COST COST d!j Yard(Below Ground Tanks Designated Operator Services erfonned Monthly) Conduct Annual Monitoring and Certification System Test erformed Annuall S/s� S ill Bucket Leak Test erforned Annually) A MD Rule NO.461 Vapor Recovery Test erformcd Annuallyon Tank', 2 & 3 S SB 989 Secondary Leak Test erfonned Triennially: Scheduled for 2014 Fire Station No.1 Above Ground Tanks Designated GDerator Services erformed Monthly) A MD Rule NO.461 Vapor Recovery Test Performed Annually on Tank 2 Fire Station No.2(Below Ground Tanks Desig nated Operator Services erformed.Monthly) Conduct Annual Ni6nitoring and Certifications stem Test Performed Annuall) tts� Spill Bucket Leak Test Performed Annually)— SB 989 Se'col daTy Leak Test Performed Triennially: Scheduled For 2014) qsi Fire Station No. 7 @elow Ground Tanks Designated Qperator Services Perforned Monthly) „�r',,, oAV Conduct Annual Monitoring and Certification System Test erformed Annually) Ysr Spill Bucket Leak Test erfortmed Annuall r -- SB 989 Seconda2 Leak Test erfonned Triennially: Scheduled for 2014) Fire Station No.4 elow Ground Tanks Designated OperatorServices erfonned Monthly) Conduct Annual Monitoring and Certification System Test Performed Annuall ' �7J Spill Bucket Leak Test erformed Annually) r SB 989 secondary Leak Test erfortned Triennially: Scheduled for 2014 GRAND TOTAL COST PAYMENT TERMS In addition to the BiddingSchedule, the contractor shall provide a rate schedule for labor and equipment and provide mark-up rates for materials. Monthly work shall be paid to the contractor on a monthly basis. Annual and triennial work shall be paid to the contractor when the actual work is completed to the City's satisfaction, and in accordance with the Scope of Work. The City will schedule all annual and triennial work for the contractor. Alf repair work shall be performed on a time and materials basis; in accordance with the rate schedule provided by the contractor; or as a negotiated lump sum cost. The City reserves the right to separately bid the repair, or replacement work. Ca �lfihGfO�' re d &0 %?C . Itt-M �lw( #Ve ch,np � q��/o R`*41-il by I COMPLETE FUELING FACILITY COONS RUCTION, Ib AINTENAKEANDTESiING C4. SME C0hITWTOR'S LICENSE IM54-RAZ C-35 'Leading. The Industry with Ser Ace You Can Count On Since 1948' June 4, 2012 City of Vernon Community Services Department Attn: Samuel Kevin Wilson 4305 Santa Fe Avenue Vernon, CA 90058 Subject: Fueling Facility Maintenance Proposal Dear Mr. Wilson Enclosed, please find Fuel Pros, Inc. maintenance proposal and holiday schedule. Fuel Pros, Inc. is an industry leading organization with over 62 years of outstanding history. We provide a full range of reasonable priced, reliable services, 24 hours a day, and 7 days a week. Our technicians are certified by all major equipment manufactures and adhere to the highest safety standards. Fuel Pros, Inc. is fully staffed with professionals qualified to manage; emergency repair, preventative maintenance, start-ups, regulatory compliance testing, system upgrades and much more. Fuel Pros, Inc. also utilizes a custom designed database to manage all of our customer site information. All of our site activity is tracked in this database and is conveniently available for review. This high-speed program sets Fuel Pros, Inc. apart from the competition. The following proposal is submitted for your review: $ 70.00 - Hourly Rate $ 70.00 - Hourly Rate for Travel Time Parts and Materials - Cost plus 10% $ 65.00 - Vehicle Charge Overtime rates apply afternormal business hours, Weekends and holidays. Normal business hours are from 7:30 am to 4:30 pm, Monday through Friday, excluding holidays. Time and half rate of $105.00 will be charged for services outside of normal business hours and the double time rate of $140.00 will be charged on all work days that exceed twelve (12) hours and holidays. Holidays will be observed on New Years Day, Presidents Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day. All service calls are dispatched from 800-759-4225 24 Hours / 7 Days A Week 14774 Central Ave. - Chino, California 91710 - 909-614-1379 - Fax 909-606-9582 Mr. Wilson June 4, 2012 We are 100% committed to providing continuously exceptional service for many years to come and look forward to working with you in the near future. Please contact me at your earliest convenience to discuss this proposal in greater detail. Best Regards, Ku. Gw. . Ken Green Vice President TOTAL CONTRACT AMOUNT AND TERMS The contract price which "Client' will pay to Fuel Pros, Inc. for performing the above services stated in this contract is "Time and Material". Invoice terms are net 30 days from date of service. We charge a finance charge of 1 Y2% monthly on amounts that become delinquent and past due. This is an annual rate of 18%. It is further understood and agreed that in the event the bill becomes overdue and the seller commences legal action for the collection of same, the buyer will pay all costs for the collection including attorneys fees, court costs, incidental costs and accrued finance charges. Both parties agree to the above terms and conditions stated in this contract (attached hereto) as evidenced by their signatures below. CLIENT Signature: _ Print Name: Title: Date: FUEL PROS, INC. Signature: Ka.C,w. Print Name: Ken Green Title: Vice President Date: June 4, 2012 24 Hours / 7 Days A Week 14774 Central Ave. - Chino, California 91710 - 909-614-1379 - Fax 909-606-9582 ATTACHEMENT B. BIDDING SCHEDULE " MONTHLY ANNUAL TRIENNiA1 FACILITY .COST COST COST. Cit Yard el" GrouadTanks Desi aced emtor Services Performed Montht. 416 Conduct Aruyual Monitoring and CulifoationSystem Test Performed Annually CFO-.. Sill Bucket Leak' rest' erformed Annbelly .A MD Rule NO, 461 Vapor RpcoveTest mfbmed Annually on Tank's 2&3' e.�O SB 989Seconda Leak Test Performed. Trieoniatl : Scheduled for.2014) 110 C" Fire Station No..l Above. GroundTanks' Desi atedO eraw Services erfonmd Monthl AQMD Rule NO.461 Vapor Reeove 'Teat Performed Annuallyon Tank 2 FireStation No.2 lHelm Ground Tanks) .Desi aced erator Services Perforated Moathl) erf.1' ConduclAmtualh(onitoiin .and Cwtifcatiq.S twn Test(pmfonned�Annualjvj S dl HucketI<ak Test wformcd Annuall' .SB 984 Secgnda Leak Tese . erfprmed Triwtmalty;;Seheddled for2014 .Fimstation No.J(Below Ground Tanks Designated p valor Services. Performed Montkl Conduct Annual Mordtorin and Cerffication.System Test .erformed.Annuall ill Bucket Leak Test .Performed Annuall'. S13999-seconds Leak Test Performed Timniail. Scheduled for2014 Flm Stsktion No.4(Below Ground Tanks Desi aced eramrServices erformed Momkf Conduct Annual Monitming and Ccrfiflkim System Test (Peformed Annually) S ill Bucket. Leak Test'( Performed Amnuallyj SB 989.Seconda Leak Test erformed Triennia)),&heduled for 2014 '� ' GRAND TOTAti COST �� �� PAYMENT TERMS In addition to the Bidding Schedule, the contractor shalt provide a rate schedule for labor and equipment and provide rrfark-up rates for materials. Monthly work shall be paid to the contractor on a monthly basis. Annual and triennial work shall be paid to the contractor when the actual work is completed to the City's satisfaction, and in accordance with the Scope of Work. The City will schedule all annual,and triennial work for the contractor. All repair work shall be performed on a time and materials basis; in accordance with the rate schedule provided by the contractor; or as a negotiated lump sum cost. The City reserves the right to separately bid the repair, or replacement work. i2igg, Scott From: Dennis D. Rock [denrock@dslextreme.com] Sent: Tuesday, June 12, 2012 8:44 AM To: Rigg, Scott Subject: bid sched & refs Attachments: BID SCHEDULE.pdf Hi Scott, here are the references and the schedule is attached. Thanks, Dennis D. Rock Baker Commodities 4020 Bandini Blvd. Vernon, CA 323 268 2801 Mr. Avery .Lujan King Meat 4215 exchange Ave. Vernon, CA 323 584 7723 Mr. Andy Lofquist Heitz Trucking 3575 Ross St. Vernon, CA 323 235 4445 Mr. Dennis Hoselton ExxonMobil 2709 E. 37th St. Vernon, CA 323 586 5375 Mr. Jeremy R. Alderete Air Products and Chemicals . 3305 E. 26th St. Vernon, CA 323 264 0311 Ms. Clare Emerson Alpert and Alpert Iron and.Steel 1820 S. Soto. St. Vernon, CA 323 265 4040 Mr. David Rodriquez City of Vernon 4305 Santa Fe Ave. Vernon, CA 323 5838811 Mr. Leonard Grossberg Request for Proposal (RFP) City of Vernon RFP: Maintenance, Testing, and Repair of Underground and Aboveground Fuel Storage Tanks, Fuel Dispensers, and Related Facilities By Fleming Environmental, Inc. --Environmental Compliance Division -- Terry L. Fleming, Company President and CEO Patty Fleming, Environmental Compliance Division Coordinator 1372 E. Valencia Drive Fullerton, CA 92831 Phone: (714) 871-2800 Date of Submittal: June 5, 2012 @ 2:00 PM Table of Contents Letter of Introduction Page 3 Statement of Compliance Page 4 Description of Services Page 5 Financial Condition Page 8 Key Personnel Page 10 Fleming Environmental, Inc. Resources Page 13 Licenses and Certifications Page 14 Work Plan Page 15 Health and Safety Table of Contents Page 17 Quality Assurance/Quality Control Page 18 Insurance Page 21 References Page 22 Exhibit A - Misc. Attachments Page 23 1. Small Business Certification 2. Contractors License 3. Project Organizational Chart Exhibit B — Randall Littlefield Certifications Page 24 2 City of Vernon Attn: Scott Riggs 4305 Santa Fe Ave Vernon, CA 90058 Dear Scott, Fleming Environmental, Inc. is a Small Business Certified company that has been servicing the Southern California region since 1998. We specialize in servicing the many needs of companies throughout our service area. We are broken down into two (2) divisions consisting of the following: Maintenance: Vapor Recovery Testing, SB989 Testing, Monitor System Certifications, Tank and Line Integrity Testing, Monthly UST Designated Operator Site Inspections, Compliance Related Repairs and Upgrades, Emergency Call Outs, Etc. Construction: Removal and Remediation of any Contamination or Hazardous Materials, Waste, Fuel, Gas, Etc. Mass Excavation of Earth and Decontamination by Bio-remediation and/or Offsite Disposal, Installation, Removal and Upgrade of Storage Tanks and Their Associated Fueling Systems, Structural Concrete, Grading, Demolition, Backfill and Compaction. Retaining Wall, Site Utilities, Storm Drains, Sewers, Water and Offsite Improvements, Etc. We have worked with an array of clients in the public and private sectors. Fleming maintains a California Contractor's License (Class A and B) with a Hazardous Substances Removal and Remedial Actions Certification. In addition, all Fleming field personnel are licensed and trained in all of the components, manufacturers and equipment necessary to satisfy client and regulatory agency requirements for our scope of services. Please refer the Licenses and Certifications section for more information on this. We provide all of our clients with Experienced and Knowledgeable Professionals, Highly Trained Field Technicians and Support Staff that are capable of performing a wide variety of services. Thank you for taking this time to review the Fleming Environmental, Inc. Statement of Qualifications. We look forward to working with you in the future. Respectfully, T.�yZ RMij Terry L. Fleming President 3 STATEMENT OF COMPLIANCE WITH THIS RFP 1. The offeror with contractual responsibility is: Fleming Environmental Inc. 1372 Valencia Dr. Fullerton, CA 92831 P — (714) 871-2800 F — (714) 871-2801 3. Fleming Acknowledges zero (0) addenda's for this RFP. 4. This proposal is in compliance with the RFP. 6. Fleming will pay no less than the City established living wage ordinance. 7. Terry L. Fleming Jr., the undersigned is the person authorized to bind this Offer to the terms of this proposal. 8. All information contained here -in is true and correct. 9. All key personnel contained here -in will be available to the extent proposed for the duration of the project. erry L. Fleming Jr. 6';/2 Date Cl Description of Services Few contractors are well suited or even capable of effectively performing any Scope of Work in the Fuel Storage Tank Service Industry. Fleming Environmental, Inc. is an experienced, qualified and capable firm, with recent and successful project history(s) working with Large Agencies on multiple site projects similar to the OCTA. Our projects include (but are not limited to): • Site Review and Design • Regulatory Approval and Permitting • Equipment Procurement • Site Construction and Upgrades • Testing • Project Closeout, Training and Documentation Site Review and Design: Fleming Environmental Inc. will always review site conditions and design the most effective means to address any requirement set forth by our client's needs, while meeting the approval of the applicable regulatory agencies. As the City's processes are very detailed, this design phase will provide an opportunity to foresee the unforeseen, as well as further explore value -engineering options for you, the client. Regulatory Approval and Permitting: Fleming Environmental, Inc. offers a unique advantage to the City's, in that the work performed for our current client base (as outlined in our References) includes design and permitting through City Fire Departments, arguably the most involved agencies for the Scope of Services needed, when working in the Fuel Storage Tank Service Industry. The knowledge gained through our experiences with the City Fire Departments has given us the ability to show these agencies precisely what is needed to be seen incorporated into the design. Equally as important, Fleming Environmental, Inc. has developed personal relationships with the regulators that have proven to be invaluable to the timely completion of any project. Fleming Environmental, Inc. has strong experience and know how regarding gaining regulatory clearance for matters of environmental concerns. Working in conjunction, this experience benefits any project exponentially. Eauipment Procurement: Fleming Environmental, Inc. has the experience to order the proper components the first time, as well as maintaining open, in good standing account status with all of our vendors, to insure that your equipment is on site when the work schedules demand it and not F somewhere in transit" or being held hostage for someone else's funds. The professionals at various supply houses working in conjunction with Fleming, review specifications, plans and purchase orders for conformance as well as applicability and any regulatory issues. Fast tracking this process and performing it correctly the first time, starts a project on the correct course and results in timely completion. Site Construction and Upgrades: Fleming Environmental, Inc. is fortunate to have a loyal staff of field supervisors who have been working in Fueling Construction for the majority of their careers. This lack of turnover, gives our company that invaluable asset of experience. Our field crews are the front line for the success of our projects. Testing: The crews of the Fleming Environmental, Inc. Environmental Compliance Division will perform the myriad of testing requirements required to keep any facility fully compliant to satisfy the regulatory agencies. The crews maintain and continually are retrained and certified in all aspects of testing set forth by City Fire Departments, County Environmental Health Agencies, Air Quality Agencies, Etc. Project Closeout. Training and Documentation: Upon completion of fieldwork, in conjunction with turning the site over to the client for operational use, certain procedures will be followed: • Appropriate operational training will be provided per the terms agreed upon with our client's prior to beginning any scope of services. • O & M manuals will be provided to facilities staff for the operation of installed equipment. • Applicable regulatory clearance, permits, test results, and other documentation will be provided for archival purposes. • Contractual documents as final billing, releases from preliminary filings, and warranties will be provided. Fleming Environmental, Inc. possesses the experience working on large public works fueling projects to understand and appreciate this necessary paper trail. In the following section, "Plan Narrative", we will outline our approach to the majority of the projects we complete. In demonstrating our forethought, planning, resources, and expertise, we hope you will recognize our ability to be a one -contractor solution for all of your fuel tank service needs. Providing the five steps outlined above within the scheduling requirements set by our clients and the regulatory guidelines, we offer a cost effective, professional source to address all of your requirements. Plan Narrative: Fleming Environmental, Inc. proposes a phased implementation plan and project scheduling for the Scope of Services we provide to our clients. Drawing from and 6 seeking to replicate the performance and efficiency of our last year's operations, this plan is designed to clearly define roles, minimize the multi -tasking of resources, create a process to streamline regulatory approval, and perform the required work in an organized, dictated manner to maintain operational efficiency and enhance performance from our field personnel. 7 Key Personnel Terry L. Flemine President / Treasurer Terry L. Fleming has over fourteen (14) years of Public Works contracting experience. He began his experience working under his father with Fleming Engineering, a large grading contractor servicing the Southern California area. His quick understanding of project management and desire to excel accelerated his ascent through the ranks. After studying at the University of Arizona, he returned home and applied learned knowledge with real world experience. He quickly found his niche in public works fueling contracts Terry has been the President of Fleming Environmental, since its inception. His knowledge and understanding of field technology rivals his fiscal approach to management, maintaining efficiency without compromising performance. Terry is an innovative and aggressive manager and a valued leader for the company. His experience spans the scope of projects completed under Fleming Environmental. His understanding of fueling systems has benefited clients time and time again. As President and Project Executive, he is responsible for complete project oversight. Utilizing the resources and skills of his employees, he orchestrates and oversees the operation of his company. The consistent and controlled growth of Fleming Environmental, Inc. and more importantly, the succession of satisfied clients, speak the largest volumes with regards to his abilities. His demeanor and communication skills have seen him build a growing list of satisfied clients. His retention of loyal and experienced employees has allowed him to offer the best source solution for these clients. Michael Fleming Vice President / Secretary Michael Fleming has been in construction since he was a young man working in his father's business. Under the guidance of his father, Terry Fleming, Sr., Mike Fleming quickly learned the keys to being a successful superintendent. Having achieved operator status through training with the Operators Union, and working for his father as a heavy equipment operator for over (4) years, Michael joined the ranks of Fleming Environmental, Inc. as an operator over eight (8) years ago. A construction man by blood, Michael quickly learned the technical aspects specific to fueling operations. He achieved the role of site foreman six (6) years ago. He has a proven track record of successful fueling upgrades, most recently leading his crew through Fleming's phased approach, taking responsibility for LA County Public Works Group 4, performing UST upgrades for various County facilities requiring generator fueling. He is an effective and knowledgeable leader of his crew, accomplishing completion of projects in a timely and productive manner. Holding most manufacturers certifications, Michael continues to advance his education related to field applications, as well as project manager. Jennifer Martin Accounting Jennifer Martin has served Fleming Environmental, Inc. since inception and manages the company's administrative, accounting and contract compliance matters. She has been involved in the Construction industry for over twenty (20) years. A graduate of Cal State Long Beach, Jennifer's duties have included Quality Control Programs, Contract Compliance, Project Management, Project Coordinator, EEO Officer, Etc. Her experience in and her understanding of the industry allows her to excel in her responsibilities. Overseeing the accounting portion of operations, she is responsible for accurate project accounting, billing, EEO Compliance, and compliance with the laws relating to Labor and Payroll compliance. She supervises and oversees all preliminary notice issues as well as project bonding and insurance requirement fulfillment. Often overlooked in the review of contractor's abilities, the proper administration of contracts saves clients real dollars in their administrative costs. Her key role and performance of duties within the company have helped steer Fleming Environmental, Inc. to success since inception. She is an invaluable asset to the company and will have a pivotal role in the success of any project. Ron Ferris Construction Division Manager Ron Ferris has been with Fleming Environmental, Inc. since inception and is skilled in all areas of construction and construction related services. Possessing over fifteen (15) years of construction experience, Mr. Ferris is the company's senior mechanical and piping manager with direct field management responsibilities for all projects involving mechanical and/or piping phases. He is also certified by all of the major piping and petroleum tank manufacturers for installation and system configuration and design. Ron supervises the company's heavy equipment operation and general maintenance. He is an effective manager and has a proven track record relation to project closure and projects completed under his supervision. His ability to site engineer and develop methods meeting construction standards, obtaining regulatory approval, and addressing non-standard project and equipment configurations, have made him of central importance to the range of services that Fleming Environmental, Inc. can offer to it's clients. Patty Flemine Construction Division Project Coordinator / Purchasing Manager Patty Fleming began her career as a dispatcher for a large trucking company in Phoenix, Arizona. Quickly rising to the role of office manager, she demonstrated and further developed her ability to oversee and multi -task in a fast paced, highly organized environment. Following a three (3) year tenure as office manager for a survey service provider, Patty joined Fleming Environmental, Inc. over four (4) years ago to fill a growing need within the company. Serving as a liaison between the field personnel and the various resources they require, Patty coordinates all field activities. Communicating with field and project management, she ascertains upcoming needs based on scheduled work and utilizes Fleming owned and vendor supplied resources to meet those project 9 needs. Developing valuable relationships with vendors, service providers, and regulatory personnel, Patty has proven herself invaluable at maintaining field productivity and project schedules. Her construction service background, professional know how, and personable demeanor, make her an effective project coordinator and intrinsic piece of the Fleming Environmental, Inc. team. 10 Flemine Environmental, Inc. Resources Having the necessary physical resources is as critical to the success of a project as having the right human resources. Fleming Environmental, Inc. supports its experiences, knowledgeable and trained field crews with those necessary resources. Field Trucks: Each crew is supported with a fully outfitted crew truck. Each truck carries essential hand and power tools, as well as specialty tools unique to the fueling trade. Miscellaneous pipe fittings (fiberglass and steel), as well as general construction hardware are always "on site", keeping projects efficient and timely. All of our crew trucks are late model (2006 or newer) Ford's with "contractor" beds. Equipment: Fleming Environmental, Inc. owns three (3) backhoes, one (1) skip loader, skid steer equipment, and various tools. All are in excellent operational condition (2003 or newer). By owning and maintaining this equipment, Fleming Environmental, Inc. can work on various phases on multiple sites without the need to supplement our resources through rental or subcontractor sources. This gives most projects the advantage of maintaining the schedule and the client the advantage of more competitively priced projects. As there will always be special circumstances requiring the augmenting of our own fleet, Fleming Environmental, Inc. maintains open account status with a wide number of equipment sources servicing the west coast. The relationships that we maintain with these sources give access to best of their fleets and preferred availability, furthering our ability to provide the client projects on schedule. Material: Fleming Environmental, Inc. maintains a 7500+ square foot warehouse stocked with components essential to fueling stations installs and upgrades. Having a ready source minimizes the possibility of not having the right part at the right time. From pipe nipples, fiberglass couplings, pipe, and dispensing components, to small power tools, compressors, and traffic control products, being fully outfitted and prepared means having the right material available when the project calls for it. Our experience with fueling construction and maintenance has taught us what those needs will be, and allowed us to be prepared. Our prime equipment supplier, PME (Petroleum Marketing Equipment), maintains their largest facility within 5 miles of our office. We have extended the resources they offer, as well as our longstanding relationships with them, which results in a fast tracked special orders and custom fabrications. This supplier has proven on more than one (1) occasion to be a huge asset, and contributing factor, to our past and future successes. 11 Licenses and Certifications The Key Personnel as well as the Field Lead Technicians at Fleming Environmental, Inc. hold the following licenses and certifications: • California Contractor's License Class A & B with a Hazardous Substances Removal and Remedial Actions Certification. • Franklin Fueling Systems - Automatic Tank Gauge Installation) • INCON — Sump Test System Operation and Repair • Fibrelite — Sherlock Vacuum Testing Kit • ICC — California UST Service Technician • Blueline Technologies — Equipment Certification • Environ — GeoFlex System w/Swivel & Coax Fittings Certification • Healy — Phase II Enhanced Vapor Recovery Equipment License • SCAQMD — Rule 461 Vapor Recovery Compliance Tester • Veeder-Root — Underground Storage Tanks Monitoring Systems • California State Water Resources Control Board — Licensed Tank and Line Integrity Tester • Universal Sensors and Devices — Leak Alert Monitoring Systems • Vaporless Manufacturing — Mechanical Line Leak Detectors Certification • Mine Safety Appliances — Tankguard Series Systems • Pneumercator — TMS System Trained and Certified • ICC — California UST Installer and Retrofitter • 40-Hour Hazwoper Certified • Containment Solutions — Trained Fiberglass Tank Installation Technicians • Smith Fiberast Total Quality Installation program for the Installation of UL Listed Primary and Secondary Containment Products • CPR / First Aid Trained • Confined Space Entry Licensed and Trained • Ameron International — Proper Installation Procedures for the Dualoy 3000 UL Listed Fiberglass Piping Systems • OPW — EVR Phase I Trained and Certified • Franklin Fueling Systems — XP Series Piping Installation Certified • Bravo Systems Gold Certified Installation and Testing Contractor • National Utility Contractors Association Competent Person Training Program • Etc Please note that copies of any of the above listed licenses and/or certifications are available at any time upon request. 12 Work Plan UST Desienated Operator Monthlv Site Inspections: Alarm History Review ❖ Paperwork Inspections ❖ Paperwork/Compliance Binder Organization and Reporting Compliance Inspection (one -hour per month / per facility) 4• Reporting to Regulatory Agency ❖ Report Generation and Submittal to Client Sump Inspection 4• Annual Training (concurrent with Monthly site visit) SB989 (Secondary Containment) Testine: ❖ Notification to appropriate regulator of date and time of scheduled test. Two -man testing crew ❖ Annular Test Secondary Test Sump Test 4• UDC Test ❖ Spill Bucket Test ❖ Test result preparation and submittal to appropriate regulatory agency within the required amount of time. Vapor Recovery Testine (Phase I EVR Systems): Notification to appropriate regulator of date and time of scheduled test. TP 201.3 (Pressure Decay Test) ❖ TP 201.4 (Dynamic back Pressure Test) ❖ TP 201.6 (Liquid Removal Test — If Needed) 4• Test result preparation and submittal to appropriate regulatory agency within the required amount of time. Vapor Recovery Testing (Phase II EVR Systems): 4• Notification to appropriate regulator of date and time of scheduled test. 4• TP 201.3 (Pressure Decay Test) 4• TP 201.4 (Dynamic back Pressure Test) ❖ TP 201.1 B (Static Torque Test) ❖ TP 201.1D (Droptube Test) ❖ Nozzle Bag Test 4• Clean Air Separator and/or Vapor Polisher ❖ V/L Field Test Data Report Test result preparation and submittal to appropriate regulatory agency within the required amount of time. Annual Monitor System Certification: 13 ❖ Notification to appropriate regulatory agency/personnel of date and time of scheduled test. ❖ Inspect panel for proper function Remove covers that house sensors Test each sensor for proper function at Monitor Panel ❖ Clean all sensors and ensure proper placement in the sumps ❖ Install manway screws with anti -seize compound d• Test all line leak detectors ❖ Attach test verification stickers ❖ Insure local agency forms are completed ❖ Test all spill buckets ❖ Test result preparation and submittal to appropriate regulatory agency within the required amount of time. 14 HEALTH AND SAFETY TABLE OF CONTENTS 1.0 INJURY AND ILLNESS PREVENTION PROGRAM 1.1 Written Plan 1.2 Introduction to Our Program 1.3 Safety First Priority 1.4 Individual Cooperation Necessary 1.5 Safety Program Goals 1.6 Safety Policy Statement 1.7 Safety Rules for All Employees 1.8 Responsible Safety Officer 1.9 Duties 1.10 Agreement to Participate 1.11 Safety and Health Training 1.12 Periodic Safely Training Meetings and Inspections 1.13 Employee Responsibility for Training 1.14 Communication 1.15 Hazard Identification & Abatement 1.16 Accident Prevention Policy Posting 1.17 Workplace Inspections 1.18 Accident Investigation 1.19 Records 1.20 OSHA Records Required 1.21 General Statement on Safety 2.0 GENERAL CODE OF SAFE WORK PRACTICES 2.1 Emergencies 2.2 First Aid Kit 2.3 Personal Protective Equipment 2.4 Machine Guarding 2.5 Portable Power Tools 2.6 Ladders 2.7 Welding, Cutting and Brazing 2.8 General Fire Safety 2.9 Fueling 2.10 Compressors and Compressed Air 2.11 Hazardous Chemical Exposures 2.12 Hazardous Substances Communication 2.13 Electrical 2.14 Noise 2.15 Heavy Equipment 2.16 Material Handling 2.17 Transporting Employee and Materials 2.18 Passageways 2.19 Driving 2.20 Vehicle Maintenance 2.21 Tool Maintenance 2.22 Confined Spaces 2.23 Sanitation 2.24 Hazard Warning 2.25 Drug and Alcohol Abuse Policy 2.26 Licenses and Permit 2.27 Safety Posters 2.28 Lockout/ Tagout 2.29 Trench and Excavation 2.30 Fall Protection 2.31 Crane Safety IG'. QUALITY ASSURANCE / QUALITY CONTROL The Environmental Compliance Division of Fleming Environmental, Inc. oversees and maintains a two -pronged QA/QC Program. We have a field program and an inter -office operations program. Both programs are run in a similar pattern, but are geared towards the specific Scope of Work of the personnel in each position. Our Field Foremen all go through one (1) year as a Field Technician (or Tester's Assistant), prior to being given the opportunity to become a Foreman. The purpose of this practice is to ensure the proper and complete training in the methods and standards set forth by Fleming Environmental, Inc. Although previous experience might reduce the time spent as a Technician only, no personnel are ever brought on board into an automatic Lead Position. Field Protocol #1: Once a month, our Division Manager will randomly attend a Compliance Test and one (1) DOP Site Inspection along with the technician(s) assigned for that day to witness (as a bystander only) the complete process of what that technician has been trained to do. Upon completion of this job, he will process a written evaluation of the job completion, as a whole (i.e. paperwork, client relations, technical aspects, safety, time efficiency, etc.) Prior to leaving the site, he will go over this assessment with the technician(s) and point out any areas of improvement that must be made. He will rate the job and based on this rating will determine if the technician will need to be visited again prior to the next thirty (30) day evaluation, if he might need additional training in the aspects covered in his Scope or Work, or maybe that this particular technician just might not be ready to be in a Lead Position. If this is the case, the Technician will be returned to an Assistant position for a period of either 30-60 days and will be given the opportunity to move back into their lead position as the end of that time. Please note that a Lead will only be pulled from his position and given the opportunity of retraining on two (2) occasions. A third infraction will result in the removal of the technician from that particular position and possible termination of employment. Field Protocol #2: The same procedures are followed with a few exceptions. The Division Manager will still randomly pick the site and the test, however he will wait until the technician has left the site and perform a full repeat of what was done (whether it be a test, or a DOP Site Inspection) to ensure that the technician(s) covered all required bases (Please note, this will sometimes include interviewing the personnel at the facility in regards to the level of service they felt they received). i67 Upon completion of the "follow -behind" QA/QC Inspection, the Division Manager will meet with the technician(s) and, again go over the assessment made. Any changes in position, additions to training, or even suggestions are made at that time. One final note on the Field Technician protocols: The Division Manager, rather than attend a test with a technician or crew will periodically show up to a site and witness the work as it is being completed without the technician or crew being aware of his presence. We will average one (1) of these types of site visit approximately every other month or once a quarter. We feel trust is the key to success within the Fleming organization, but also feel it is important to never let any technician and/or crew become too complacent with their positions or the tasks in which they have been hired to perform. • Inter -Office Protocol(s): It is the policy of Fleming Environmental, Inc. to have an equally effective and competent inter -office staff as well as field personnel. Our feeling is that you can have the best field technicians in the industry, but without and equally effective and competent inter -office staff, you are only '/2 way there. For this reason, we have also developed an inter -office QA/QC. The Division Manager reviews all documentation, test results, repair recommendations, etc. prior to allowing them to leave our offices. In the event that his schedule does not permit this type of review, the Divisional Coordinator will step in and conduct the same review. This is to ensure that any follow-up (no matter how small) is conducted in a timely manner, with the most information possible being forwarded to our clients. Our inter- office personnel are given Job Specific Checklists to follow, to assist in making sure that no stones are left unturned when processing paperwork, issuing follow ups and getting the necessary items "out the door" within a 24-48 hour window. Please note that all inter -office personnel are subject to, no -less -than, thirty (30) to forty-five (45) days of extensive training before they are given the ok to complete their Scope of Work on their own. This is the inter -office equivalent to one (1) year of field technician training that our division requires. The Division Manager, or Coordinator will sit with the Inter -Office Personnel while they complete their site by site paperwork processes, watch them from a small distance, or follow behind them and complete the process to ensure that it is being following to the level of standards that Fleming Environmental, Inc. requires. The same rating system is followed, along with the same re-training specifics. The two (2) re-training limit is also followed. This means that an inter -office person will only be given two (2) sessions of retraining prior to being relieved of their position with Fleming Environmental, Inc. Because the paperwork processes are so much more complex, the inter -office staff will tend to be subject to more frequent evaluations. 17 Overall: 1. Most companies focus their QA/QC programs on field technicians only. This can cause of break down of efficiency and professionalism on the office side of things if you do not expect the same productivity and quality levels. 2. Again, an effective and competent inter -office staff can be considered just as important to the success of any contract, as knowledgeable field crews. This program will commit to overseeing and guiding our entire staff to the highest level of standards and ultimately give our clients the best services and most compliant facilities they can have. 3. Specifically with the UST DOP and Vapor Recovery Inspection Program, strong and positive regulatory relationships are key components in the successful completion of any type of compliance contract. Our goal in this is: If you have a good working relationship and a positive reputation with the regulators and are known for Taking Ownership and Getting the Job Done Right, clients tend to have less interference from their local regulatory personnel. (Less interference means less opportunity for Notices of Violation, Notices to Comply, etc.) Fleming Environmental, Inc. is proud to maintain this exact type of relationship with any of the regulatory personnel we have worked with. 18 Insurance Fleming Environmental, Inc. maintains insurance requirements to satisfy our entire client base, regulatory and industry requirements. A specialized Certificate of Insurance is available upon request. However, attached is a sample cert for your review. 19 Client#: 1266412 305FLEMIENV ,. ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/YYYY) 04126/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ONTACT Gloria Gabriel or Mary Faber CNAME BB&T Insurance Services PHONE 714 578-7000 FAx of Orange County A/C No Eat): A/C No: E-MAIL 680 Langsdorf Drive Suite 100 ADDRESS: Fullerton, CA 92831 AFFORDING COVERAGE NAICR Specialty Insurance INSURER A: Chartis Specialty Insurance Co 26883 INSURED INSURER B: General Insurance Co of America 24732 Fleming Environmental Inc. - - - ---- INSURER C Granite State Insurance Company 23809 1372 East Valencia Drive INSURER D : Travelers Property Casualty Co 25674 Fullerton, CA 92831 -- -- — --- INSURER E : _ INSURER F. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CONTRACTOR 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. INSq LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER _ POLICY EFF JMM/DD/YYYYI POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY PROP2018813 9/01/2011 09/01/2012 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY _ CLAIMS -MADE X OCCUR __ A E RENTED MI E Eaoccunence $300000 NED EXP (Any one pawn) PERSONAL &ADV INJURY $1000000 X Pollution Liability X Professional Liab. GENERAL AGGREGATE $2 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2000000 POLICY X PRO LOC $ B AUTOMOBILE LIABILITY 24CC2857812 9/01/2011 09/01/201 COMBINED SINGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY (Per person) S ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS HAUTOS _ X i P BODILY INJURY (Per accident) ( ) MR 15 ME F-1 T 17 DAMAGE Peraccidenl $ $ A UMBRELLA LIAR X OCCUR PROU2019429 9/01/2011 09101/2012 EACH OCCURRENCE $5 000 000 )( AGGREGATE $S OOO OOO EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$0 $ C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORMARTNEWEXECUTIVE OFFICER/MEMBER EXCLUDED? u N/A WC65256167 5/01/2012 05/01/2013 X ISMS I I OTH- - E.L. EACH ACCIDENT $1,ODo,000 E.L. DISEASE - EA EMPLOYEE $1 00O 000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S1 0001000 D Equipment OT6606686M19ATIL11 9/01/2011 09101/2012 $160,000 Max Per Item Rented/Leased $1,000 Deductible DESCRIPTION OF OPERATIONS LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Evidence of Coverage Evidence of Coverage SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) 1 off #S8537797/M8537744 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KAVON A" Los Angeles World Airports January 2011 —Ongoing LAX, Van Nuys Airport and Ontario Airport Contact: Mr. Gilmore Pearce Multiple Locations Phone: (424) 646-7888 Services: Environmental Compliance Testing (Vapor Recovery, Monitor Certs, Tank Integrity, Line Integrity, SB989) Repairs and Upgrades Orange County Sanitation October 2006 — Ongoing / 10844 Ellis Avenue Contact: Bruce Chapman V/ Fountain Valley, CA 92708 Phone: (714) 593-7070 Services: Environmental Compliance Testing (Vapor Recovery, Monitor Certs, Tank Integrity, Line Integrity, S13989) Repairs and Upgrades LA County Sanitation October 2006 — Ongoing 920 S. Alameda Street Contact: Tsam Wong Compton, CA 90221 Phone: (562) 699-7411 V Services: Environmental Compliance Testing, Compliance Related Repairs, Project Consultation, Etc. General Petroleum Corp. 320 Goldenshore — Suite #420 December 2008 — Ongoing Contact: Michael Sills Long Beach, CA 90650 Phone: (562) 499-4900 Services: Implement and Oversee Temporary Aboveground Storage Tank Maintenance and Testing Program City of Long Beach v Multiple Facilities November 2008 — Ongoing Contact: Mr. Frank Neely Long Beach, CA 90805 Phone: (562) 570-5457 Services: Environmental Compliance Testing (Vapor Recovery, Monitor Certs, Tank Integrity, Line Integrity, SB989) Repairs and Upgrades City of Garden Grove October 2006— Ongoing 13802 Newhope Street Contact: Phil Carter Garden Grove, CA 92840 Phone: (714) 741-5390 Services: Storage Tank Maintenance, Testing and Repair 20 Exhibit "A" 21 f3eharfnu of of 04G10V General Services a !1MK'CA'Hrt 6UI'I xe F.P3 FLEMING ENVIRONMENTAL INC - #33495 SUPPLIER PROFILE Legal Business Name FLEMING ENVIRONMENTAL INC Doing Business As FLEMING ENVIRONMENTAL INC Address 1372 EAST VALENCIA DR Phone (714)871-2800 FULLERTON,CA 92831 FAX (714)871-2801 Email PFlem ino 0 flem i na environ menta I. com Business Types Construction Service Service Areas Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Los Angeles, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Orange, Placer, Plumas, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Ventura, Yolo, Yuba, Keywords GENERAL ENGINEERING HAZARDOUS SUBSTANCE REMOVAL CERTIFICATION PARK PLAYGROUNDS WELL PUMP TANK SHADE Construction License Types A - General Engineering B - General Building Contractor Classifications 422817 - Disinfecting or presterilization cleaning equipment and solutions 492415 - Playground equipment 711017 - Extraction 761016 - Hazardous material decontamination 761219 - Hazardous waste disposal 771115 - Environmental safety services 771317 - Toxic substances pollution 811015 - Civil engineering Active Certifications TYPE STATUS FROM TO SB Approved Apr 20, 2012 Apr 30, 2013 Certification Histor TYPE STATUS FROM TO SB Expired Apr 8, 2011 May 31, 2012 SB Expired Feb 25, 2010 May 31, 2011 SB Expired May 30, 2008 May 31, 2009 SB Expired Jun 5, 2006 May 31, 2008 SB Expired Jun 19, 2003 May 31, 2006 State Of California CONTRACTORS STATE LICENSE BOARD cAlTa 1 r ACTIVE LICENSE Aliairs ..<.v.,U. 746017 CORP FLEMING ENVIRONMENTAL INCORPORATED .�.b.H�.� A HAZ 8 02/28/2014 www.csib.ca.gov FLEMING ENVIRONMENTAL INCORPORATED 1372 E. Valencia Drive, Fullerton, CA 92831 (714) 871-2800 * (714) 871-2801 Fax License #746017 JENNIFER MARTIN EEO Officer Contract Compliance Finance Accounting FRANK CICERO Proiect Manaaer MARK ZIMPRICH Field Foreman FIELD CREW PROJECT ORGANIZATIONAL CHART MIKE FLEMING Field Foreman FIELD CREW TERRY L. FLEMING, JR. President Project Executive RON FERRIS Superintendent PATTY FLEMING Project Coordinator Purchasing Officer RANDY LITTLEFIELD Field Technician BRANDON ZIMPRICH Field Foreman FIELD CREW Steve MARK Rue BURDETT Field Technician Field Technician RYAN RUSSELL Field Foreman FIELD CREW Exhibit `B" 22 (71 Randall Littlefield Randall Littlefield has served the Petroleum industry for over (12) years. Mr. Littlefield got his start as general labor working on UST and AST installation and has been with Fleming Environmental, Inc. for over six (8) years. Through the years, Mr. Littlefield was able to work his was way up to become a lead man able to operate equipment, perform mechanical work, and all task related to UST and AST installation. In addition, he is also certified by most major piping and petroleum tank manufacturers for installation and system configuration including ICC certifications Mr. Littlefield role has evolved at Fleming. His first priority is to handle service calls such as alarms, monitoring system repairs, hanging hardware repair, phase 2 EVR repairs, vapor recovery repairs, secondary containment repairs, fuel leaks and any problem related service calls. He is also able and capable of fall system installations. Congratulations! You have demonstrated a commitment to the code enforcement profession by successfully achieving ICC certification. Your certification information will be posted on the Certification Website as an Active Certification. www0gosafe.oro CERTIFICATION RENEWAL - Certification is valid for a three year period. For Renewal Information see the Bulletin at www,iccsafe.orc ASTiUST Certlfleation Renewal - Certification is valid for a two year period. For Renewal Information see the Bulletin at www,!casafe.ora NAFED Gertlflcatlon Renewal • NAFED must receive your application for recertification and documentation at least 60 days prior to the expiration date of the current certification. wwwrialled.orgIcerlification/ Renewal of certifloations is the responsibility 2i the certified individual. Please make sure you kftp track of yaur renewal date(s), and advise ICC of any CHANGE OF ADDRESS. WWWIccsafa orn If you have achieved a NAFED certification you must notify NAFED of any change of address. ww`atnafed.ora Best wishes for continued success in your career, and thank you for your interest in the Certification Programs of the international Code Council. It�aiati#Y€c�enc„0-st112341 ta0W7`raf93•1. 'SOEry .7 n1clan - Ezp,0610312013 vaparReFnv,MNS'�g;emh*1'�4tiI and r2epair-SV.10703l2013 n lirtsidalll� t itle'fteta • 5257,341 .. 1:iSF�IRs�I(�IiGOtR4.ty�3Y�pg: ESP. 95103/2013 C�jif+btnia.0 .�i.�yslerPoQperat'or-Lxp. 41•!15/2013 '� Remove card at perforation and SOLD In center before placing In wallet it C A VXFiberglass -Composite Pipe Division AMERON .INTERNATIONAL DUALOY®R 3000 INSTALLATION PROCEDURES TRAINING CERTIFICATION OF COMPLETION Ameron International Fiberglass -Composite Pipe Division hereby certifies that Randy Littlefield Fleming Environmental Inc_ has completed training on the proper installation procedures for the Dualoy 30001,IL Listed fiberglass piping systems indicated below, including- procedures far installation of closed containment systems, as manufactured by the Fiberglass -Composite Pipe Division of Ameron International Corporation, DUALOY 3000 /L R /LCX California _ Location of Trailing November 18, 2011 l3aee of Training Glen_Cogaswell Fsstted By Certificate valid for three years from date of issue 9720 Cypresswood Drive, Houston, TX 77070 I�I;�r�I airy � . �[i �fi. ,pl R ai1'�� ��I5�'�@fi kf1/W19laF',.'i��'I a �� � i Si �i i� � � � J l ���� � __ _ __ C RAN L&MVIL [E Am* NWAL 1,4004 7 14 ,b ww*pokomoom ED 1� Fiber Glass Systems has successfully completed Bonder Training as set forth in the Fiber Glass Systems' Total Quality Installation Program for the installation of UL listed primary and secondary containment products. 1012,4111 Date Renewal of the bonder certification is recommended every three years or when the specific bonding process has not been practiced for a period of six months. l E u{�P iA�raa IC M'R' 1 Um . o .a � •plpAl. CJa O ca N p" O N e O T � lb Y'r, IN TJ .1rom. Tech ica# Traini Certification This certificate is issued in recognition that Randall Littlefield Technician #1339153 has satisfactorily completed Red Jacket Products Technical Training (Including Variable Speed Pumps & Controllers) 4/19/2012 levels swTeeew,'ccal TWOV Manage ^- Dale of Issue eeEn JACKET EXPhad2a0i1Date RED JACKET Gencii "ied -- Tenician *Ow R.d laSket Pmd..TeNnlcel Ralning (TndUMO V-1ame sveea PMpz & QoMmllem) Randall LOdefield TV.klan IB39153 c 0 � v i i� -C rt-+ 0 . 0) 0. — 70 W T � J m C '. U N 0 1-- ,•, M N F i� E U N1 v � t N. M O O; :a> 'L L O c c U ;9 H m v CL v N L ` 9 M M' J O ~ O L O �l Technical Traini 97, Certification r-rae 0/ 11, , This certificate is issued in recognition that Randall L. Ittlefield Technician #939133 has satisfactorily completed Installation (Level i) Course in Veeder-Root UST Monitoring Systems Lawls elF4,&awk9 ra)ning ffI VEEDER-ROOT 0) VEEMR-ROM Certified Technician ��roasm a oxaa the s) Randall Littlefield Te[11Mtlen CBI9453151 UST Monitoring Systems.- Installer (Level 1) - Aylres lWl]/H11] 1o/i8nolo Date or hisaa 10/17/2012 R:pinallon Data r Tech ical Training Certification This certificate is issued in recognition that Randall Littlefield Technlclan #B39153 has satisfactorily completed GVR Technician Safety Course - U.S. Canada leMSEell, Technld`frningM ger-U.S.1C�wa dO . Y % �GILBA�RrC �y Ak GEDER—ROOT 3/14/2012 Date of Issue 3/13/2013 E+IpkaQM Date. vaporl Manufacturing, inc. Quality Petroleum Equipment Solutions for Over 20 Years Recognizes Randy Littlefield #2989 of Fleming Environmental, Inc. Mr. Littlefield is now certified to install and replace Vaporless Manufacturing, Inca Mechanical Line Leak Detectors Certificate issued July 18, 2011 (valid for two years from date of issue) Gabe Messerly - Vaporless Manu ctnr►ng, Inc. Vaporless Manufacturing, Inc. 8700 East Long Mesa Drive, Prescott Valley, Arizona 86314 800-367-0185 928-775-5191 Fax: 928-775-5309 Email: vmi@vaporless.com Web Site: www.vai)orless.com "Manufacturing, ln6: Quality Petroleum Equipment Solutions for Over 20 Years Recognizes Randy Littlefield #2990 of Fleming Environmental, Inc. Mr. Littlefield is now certified in the operation of the Vaporless Manufacturing, Inc. LDT-890 Leak Detector Tester Certificate issued July 18, 2011 (valid for two years from date of issue) JL'O". ,--- Gabe Messerly - Vaporless Manu , cturing, Inc. Vaporless Manufacturing, Inc. 8700 East Long Mesa Drive, Prescott Valley, Arizona 86314 800-367-0185 928-775-5191 Fax: 928-775-5309 Email: vmi@vaporless.com Web Site: www.vaaorless.com aY t�11 Easy Installation. Zero Permeation. The. person named below has completed the,DoubleTrac' training program and is hereby awarded the CERTIFICATE OF TRAINING Installer'same Company Instructor 7 Certificate Ncr 0 2 14 E PeaMonth This. Certificate of Training is only valid for three.voars from the date t< r • F Certificate Of Completion "P.F-ranklin Fueling Systems This is to certify that Randy Littlefield Fleming Environmental Inc y has been certified in: gf Test System Operation - INCON Level 4 Training Date: March 20, 2012 Certification # 4855283704 Expiration Date: March 20, 2014 The person named on this certificate of completion has demonstrated Code: VYF4tuD9gv - knowledge of the listed products and installation procedures by completing an exam provided by Franklin Fueling Systems techtAB. This certification is valid for two years from the training date listed. r Certificate Of Completion Code', cZUCLIVYfa din Fueling Systems- This is to. certify that Tandy Littlefield Iming Environmental Inc has been certified in: le Pumping Systems - FE Petro (raining Date: April 3, 2012 rtification # 4855283704 xpiration Date: April'3, 2014 )d on this certificate of completion has demonstrated miuwicuya ui the listed products and installation procedures by completing an exam provided by Franklin Fueling Systems techLAB. This certification is valid for two years from the training date listed. Certificate Of Completion 'Franklin Fueling Systems This is to certify that r� Randy Littlefield Fleming Environmental Inc r � has been certified in: ry Tite EVR Phase I Systems - VR-101-L Training Date: March 20, 2012 Certification # 4855283704 Fx Expiration Date: March 20, 2014 The person named on this certificate of completion has demonstrated Code: nSzmzfgHvE - knowledge of the listed products and installation procedures by completing an exam provided by Franklin Fueling Systems techlAB. This certification is valid for two years from the training date listed. r_. Certificate of Completion Code: SUpDNvGIYa Iclin Fueling Systems This is to certify that randall littlefield ;ming environmental inc has been certified in: ipor Recovery - VR-201-M & VR-202-M raining Date: March 21, 2011 )rtification # 8758813703 :piration Date: March 21, 2013 ied on this certificate of completion has demonstrated Knowleage of the listed products and installation procedures by completing an exam provided by Franklin Fueling Systems techtAB. This certification is valid for two years from the training date listed. I,-- C_ T © Cn Z} C) T- 0O Z 0 U `v o o CD CD m CD }7 CD O CN cc E CO uj C Cl) . TQMC)12W Q} > L�L/'�, d 41' d cocoa ct 't w "'• T T T T T = LL LL LL X ry y�>yy,, �y.>y�., x>x x>x -yl.y�,, >00000 WwwwujIli Randy Littlefield c 0 ■� � � CL E � � WE 0 4) � ..� / � .z > C # .. _0 0 co / 1 .\ L ® 7 < ] Z r-- » LO § \ C t '.k co .\ . o a Cc: \ _/ LL E. _ E / . C _o Q ± $ U U ) } J TRANSMITTAL COMMUNICATION OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 May 14, 2014 Fleming Environmental, Inc. Attn: Terry L. Fleming, Jr. President 1372 E. Valencia Drive Fullerton, CA 92831 RE: Change Order No. 1 Ratifying and Approving Work & Expenses Incurred During 2013 — 2014 Under the Services Agreement — Maintenance, Testing & Repair of Storage Tanks, Fuel Dispensers, and Related Facilities Dear Mr. Fleming: The insurance requirements have been met. Transmitted herewith is a fully executed copy of the original change order as referenced above, approved by the Director of Community Services & Water on May 12, 2014. If you have any questions, please contact Scott Rigg at (323) 583-8811 extension 279. Thank you. Sincer ly, G Deborah R. Juarez Records Management Assistant Enclosure c: Scott Rigg S. Kevin Wilson Purchasing Department Resolution No. 2012-134 Agreement No. 12-067 E.r,,cfusivefy Industridf CHANGE ORDER *Change Order No. 1 was not received for the file in May 2013. The change order was executed in May 2014, ratifying and approving the authorized work/expenses incurred during the 2013 — 2014 work period Juarez, Debbie From: Juarez, Debbie Sent: Tuesday, May 06, 2014 10:51 AM To: Rigg, Scott Subject: RE: Fleming Environmental - Change Order No. 1 Thank you for the update. Have a great day. rDe(orahjuarez 1Zgconls 911anagenteitt,4ssistant city of Vennon - City Cfer) ;s Office 4305,San.ta (Feq.venue Verton, CA 90058 (323) 583-8811 From: Rigg, Scott Sent: Tuesday, May 06, 2014 10:50 AM To: Juarez, Debbie Subject: RE: Fleming Environmental - Change Order No. 1 They assured me it was in the mail! From: Juarez, Debbie Sent: Tuesday, May 06, 2014 10:50 AM To: Rigg, Scott Subject: Fleming Environmental - Change Order No. 1 Hi Scott. Were you able to get a copy of Change Order No. 1 from Fleming? Please let me know when I can expect to receive it for the file. Thank you. rDeborar Juarez 4Scords 914anagemettt,4ssistant City of'Vernat - City Cferk's Office 4305 Santa TeAvenue Vernon, CA 90058 (323) 583-8811 CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT CONTRACT CHANGE ORDER NO. 1 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS. The Maintenance, Testing and Repair of Underground PROJECT: and Aboveground Fuel Storage Tanks, Fuel Dispensers, P.O. NO. and Related Facilities TO: Fleming Environmental Incorporated CONTRACTOR REQUESTED BY: City of Vernon You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. Extend the existing Services Agreement between the City of Vernon and Fleming Environmental Incorporated for the Maintenance Testing and Repair of Underground and Aboveground Fuel Storage Tanks, Fuel Dispensers, and Related Facilities, for a period of one-year, effective July 17, 2013, with no change in costs. The Services Agreement shall expire, effective July 17, 2014. Contract Amount(Base Bid ............................................... $ 8,050.00 Amount of This Change Order I ............................................. $ 0 Amount of Previous Chan e Orders I ......................................... $ Total Change Orders I ..................................................... $ Modified Contract Amount ............................................. $ By reason of this change order the time of completion will be adjusted as follows: Approved: Date: Direesorr munit ices & Water Date: Attest: 5 Ana Ba c' , e ty ity ler We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except w may otherwise be noted above, and perform all services necessary for the work above specified, and will accept asZayment therefore the prices shown above. Accepted ap—i� 2014 Contractor: Fleming Environmental Inc. By; . Title: President Terry L. Fleming, Jr. c: Project File/Contractof/Purchasing Rev. vmry STAFF REPORT � pF VrQq� I- ��'E LY iNVYS! COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM A-6 TO: William Fox, hMnance Director 4/ FROM: Samuel Kevin Wilson, Director of Community Services and Water DATE: April 15, 2013 SUBJECT: Approval of Change Order No. 1 extending the existing Services Agreement for the Maintenance, Testing and Repair of Underground and Aboveground Fuel Storage Tanks, Fuel Dispensers, and Related facilities between the City of Vernon and Fleming Environmental Incorporated for a period of one-year Recommendation The Department of Community Services and Water (Department) is seeking approval to issue Change Order No. 1 extending the Services Agreement (Agreement) between the City of Vernon and Fleming Environmental Incorporated for the Maintenance, Testing and Repair of Underground and Aboveground Fuel Storage Tanks, Fuel Dispensers, and Related facilities for one-year. The Agreement is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. In addition, under Section No. 1(a) `Term and Time Performance" of the existing Services Agreement, it states that the City may renew this Agreement on a year-to-year basis at its discretion. Background The City received back bids for the Maintenance, Testing and Repair of Underground and Aboveground Fuel Storage Tanks, Fuel Dispensers, and Related facilities in June of 2012 and ultimately awarded the Agreement to Fleming Environmental Incorporated on July 17, 2012. Moreover, Fleming Environmental Incorporated posses excellent technical knowledge and continues to provide excellent customer service to the City. They have a highly trained staff that is able to troubleshoot highly complex repair work as it relates to fuel storage facilities. In addition, the Agreement requires that Fleming Environmental Incorporated perform a variety of monitoring and leak detections in accordance with guidelines set -forth by the California Air Quality Management District. F:`&,4iiS,=iMy Do .Mffm .al TankiU UJd mmd& Ab,vimttnd TmisU®sem aW)0 Wl4\Fimm=Di wWilliam Fm.d CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT CONTRACT CHANGE ORDER NO. 1 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS The Maintenance, Testing and Repair of Underground PROJECT: and Aboveground Fuel Storage Tanks, Fuel Dispensers, P.O. NO. and Related Facilities TO: Fleming Environmental Incorporated CONTRACTOR REQUESTED BY: City of Vernon You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. Extend the existing Services Agreement between the City of Vernon and Fleming Environmental Incorporated for the Maintenance Testing and Repair of Underground and Aboveground Fuel Storage Tanks, Fuel Dispensers, and Related Facilities, for a period of one-year, effective July 17, 2013, with no change in costs. The Services Agreement shall expire, effective July 17, 2014. Contract.Amount (Base Bid) ............................................... $ 8,050.00 Amount of This Change Order I .................................... I ........ $ 0 Amount of Previous Change Orders .................................... $ Total Change Orders .................................................... $ Modified Contract Amount ........................... $ By reason of this change order the lime of completion will be adjusted as follows: Approved: Date: Director of Comm nity Services & Water (' �j(/ Date: cj Attest: �/rdliam Vox, Finance Director We, the undersigned Contracts, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Contractor: By: Title: c: Project File/Contractor/Purchasing _ Rev. 03/10 CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: Fleming Environmental Incofporated CONTRACT PURPOSE: Change Order No. 2 - Service Agreement for Maintenance, Testing and Repair of Underground and Aboveground Fuel Storage Tanks, Fuel dispensers, and Related Facilities CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE x COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) ❑ SERVICES ❑ MATERIALS X BUDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $27,900 Charge Acct. No(s) 011.1049.590000 Amendment Value $8050 x Contract is an Amendment to Contract No.CS-0362 (if applicable) RESPONSIBLE DEPARTMENT PERSON: Scott B. Rigg PHONE: 279 AUTHORIZATION: ❑ Approved by Council on (Check One) Resolution No. (if applicable) x Approved by City Administrator on April 1, 2014 Note: Attach supporting documentation ❑Amendment Approved by (if applicable) ROUTING SEQUENCE: (Please Follow In Order - Do not use N/A) Initials Date (1) Responsible Department Person Checks substance of contract and assembles two (2) copies of t't. contract, insurance & bond documents, certifies compliance with Competitive Bidding and Purchasing Ordinance (2) Liability and Claims 2Z Approves insurance and sureties, if bonds required l (3) Finance (Purchasing) a Checks compliance with Competitive Bidding & Living Wage Ordinances and reflected in current budget (4) City Attorney Approves contract as to form, verifies bonds and insurance included 4-2-3 l q (5) City Signatory Signs all copies on behalf of City (6) City Clerk 3v�� Attests signatures, numbers, files contract, insurance and bonds, and transmits duplicate original to contractor, notifies IT to remove related RFP/bid notice, notifies any "consultant" of duties to file Form 700, if applicable Rev. 1/27/14 TRANSMITTAL COMMUNICATION it AWAA. OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 April 30, 2014 Fleming Environmental, Inc. Attn: Terry L. Fleming, Jr. President 1372 E. Valencia Drive Fullerton, CA 92831 RE: Change Order No. 2 to Services Agreement — Maintenance, Testing & Repair of Storage Tanks, Fuel Dispensers, and Related Facilities Dear Mr. Fleming: The insurance requirements have been met. Transmitted herewith is a fully executed copy of the original change order as referenced above, approved by the City Administrator on April 1, 2014. If you have any questions, please contact Scott Rigg at (323) 583-8811 extension 279. Thank you. Sincerely, Deborah R.Jua Records Management Assistant Enclosure c: Scott Rigg S. Kevin Wilson Purchasing Department Resolution No. 2012-134 Agreement No. 12-067 E ,cfusivefy Industriaf CHANGE ORDER CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT CONTRACT CHANGE ORDER NO. 2 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS The Maintenance, Testing and Repair of Underground PROJECT: and Aboveground Fuel Storage Tanks, Fuel Dispensers, P.O. NO. and Related Facilities TO: Fleming Environmental Incorporated CONTRACTOR REQUESTED BY: of Vernon You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. Extend the existing Services Agreement between the City of Vernon and Fleming Environmental Incorporated for the Maintenance Testing and Repair of Underground and Aboveground Fuel Storage Tanks, Fuel Dispensers, and Related Facilities, for a period of one-year, effective July 17, 2014, with no change in costs. The Services Agreement shall expire, effective July 17, 2015. Contract Amount Base Bid ............................................... $ 8,050.00 Amount of This Change Order I ............................................. $ 0 Amount of Previous Chan e Orders I ......................................... $ Total Change Orders I ..................................................... $ Modified Contract Amount ............................................. $ By reason of this change order the time of completion will be adjusted as follows: Approved: Date: Director ommuni Services & Water Attest: j! X X Date: j(gX O x�x�i�l;<lcmx>1�1�x1� m. . Attest: An arcia, DeDDttrrt C'tv Cler We, the undersigned Contra r, have given careful consrderatt�on to the change propose and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as fulirp t therefore the prices shown above. Accepted April 14, 2014 Contractor: Fleming Environmental Inc. By: Title: Terry L. Fleming Jr., President Secty c:1roject File/Contractor/Purchasing Rev. 03/10 STAFF REPORT � pF E'ER R . COMMUNITY SERVICES & WATER DIAURT Ik`l o r1 OFFICE MEMORANDUM ►;Q-1 TO: Mark Whitworth, City Administrator FROM: Samuel Kevin Wilson D ector of Community Services and Water DATE: March 26, 2014 SUBJECT: Approval of Change Order No. 2 extending the existing Services Agreement for the Maintenance, Testing and Repair of Underground and Aboveground Fuel Storage Tanks, Fuel Dispensers, and Related facilities between the City of Vernon and Fleming Environmental Incorporated for a period of one-year Recommendation The Department of Community Services and Water (Department) is seeking approval to issue Change t Order No. 2 extending the Services Agreement (Agreement) between the City of Vernon and Fleming N,, Environmental hicorporated for the Maintenance, Testing and Repair of Underground and Aboveground Fuel Storage Tanks, Fuel Dispensers, and Related facilities for one-year. The Agreement is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. In addition, under Section No. 1(a) `Term and Time Performance" of the existing Services Agreement, it states that the City may renew this Agreement on a year-to-year basis at its discretion. Background The City received bids for the Maintenance, Testing and Repair of Underground and Aboveground Fuel Storage Tanks, Fuel Dispensers, and Related facilities in June of 2012 and ultimately awarded the Agreement to Fleming Environmental Incorporated on Judy 17, 2012. The City subsequently renewed the Services Agreement for fiscal year 2013-2014 per Change Order No. 1. Moreover, Fleming Environmental Incorporated posses excellent technical knowledge and continues to provide excellent customer service to the City. They have a highly trained staff that is able to troubleshoot highly complex repair work as it relates to fuel storage facilities. In addition, the Agreement requires that Fleming Environmental Incorporated perform a variety of monitoring and leak detections in accordance with guidelines set -forth by the California Air Quality Management District. U:\9m .IPM, Unuunc.M.1-NnWW Undo .d&. Abo.Mo T.JkAVc , 201Q01 SWWk WIJM1vd Ck, Admen 20 WM15.d Staff is recommending that a second change order be issued extending the Agreement for one additional year in accordance with City code provisions. This would be the final extension permitted and the Agreement would have to be rebid for fiscal year 2015-2016. Fiscal Impact The proposed Agreement extension stipulates that Fleming Environmental Incorporated will provide the said service at a not -to -exceed of cost of $8,050 per year. There are no increases in the rate schedule from 2013-2014. This expenditure will be budgeted in the 2014-2015 fiscal year under Account. No. 011. 1 049.590000-Repairs and Maintenance. SKW/sr Enclosures INSURANCE DOCUMENTS Client#: 1266412 305FLEMIENV ACORD. CERTIFICATE OF LIABILITY INSURANCE D8/29/2IDD/YYYY) 1/29/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER BB&T Insurance Services of Orange County 680 Langsdorl' Drive Suite 100 Fullerton, CA 92831 N ME: CT Vanessa Maldonado' PHONE 714 578-7256 877-297-1116 A/C No Est : (All, No ADDRESS: vmaldonado@bbandt.com INSURER(S) AFFORDING COVERAGE NAIC r INSURERA: Starr Indemnity & Liability Co 38318 INSURED Fleming Environmental Inc. 1372 East Valencia Drive Fullerton, CA 92831 INSURER B: American States Insurance CO 19704 INSURERC: Granite State Insurance Company 23809 TlProperty Casual Co INSURERD:raveers ro P I'tY Casualty 25674 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CONTRACTOR 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. INSR LTR rypE OF ADD INSR SUB POLICY NUMBER POLICY EFF MMIDD POOCY EXP MMIDO LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LABILITY CLAIMS -MADE aOCCUR X Pollution Liability INSURANCE C11Y SISIEIL70137413 (� pV�° �iD Ae • OF VERNON RISK M / C 9/01/2013 OVEN. [AGEMENT 09/01/2014 EACH OCCURRENCE $I 000 00O PREMISES EBOoc.EID. $300000 MED EXP(Any one person) a25000 PERSONAL BADVINJURY $7 000 000 X Professional Liab GENERALAGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLIcv X PRO Loc PRODUCTS -COMPIOPAGG s2000,000 BI/PD Ded $$5,000 B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HREDAUTOS X NONUWNED AUTOS 010I 21 01 WM03 09/01/2014 EeaBBINEDSINGLE LIMIT 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per ecddent $ a A UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE SISXNV71067213 9/01/2013 0910112014 EACH OCCURRENCE $5 000 000 X AGGREGATE $5 00O 000 DED I X1 RETENTION$0 $ C WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVEV/N OFFICERIMEMBER EXCLUDED? (Mandatory In NH) IM deeddbe under DESCRIPTION OF OPERATIONS below NIA WC65256167 6/01/2013 06/01/201 X WCSTATU- OTH. E.L, EACH ACCIDENT $1000000 E.L. DISEASE - EA EMPLOYEE $1 000000 E.L. DISEASE -POLICY LIMIT 1 $1000000 D Rented/Leased Equipment CIT6606686M19ATIL13 9/01/2013 0910112014 $160,000 Max Per Item Deductible: $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarla Schedule, If more spare Is required) RE: Fuel Storage Tank Testing and Repairs. City of Vernon is named additional insured as respects general liability, as required by written contract, per endorsement attached. City of Vernon 4305 Santa Fe Ave Vernon, CA 90068 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE cW 19UB-ZUlU ACORD CORPORATION. All rlgnts reserved. ACORD 25 (2010106) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1101313S/M11012735 VLMAL Policy No. SISIEIL70137413 INSURANCE APPROVED CITY1n� Ir�I�RM�1Nr�GR /'y17NAVQM M�EJNT *Starr Indemnity & Liability Company �—I—`— DATE AULD.MEHL RISK MANAGER Dallas, TX 1-866-519-2522 Primary and Non-contributory, Additional Insured and Waiver of Subrogation This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. Commercial General Liability Coverage Form Owners and Contractors Protective Liability Coverage form Products/Completed Operations Liability Coverage Form Contractors Pollution Liability Coverage Form Professional Liability Coverage Form Site Pollution Liability Coverage Form SCHEDULE All as required by written, signed or executed contract. A. SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule of this endorsement, but only with respect to liability arising out of "your work" for that insured by or for you. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insured's shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against these additional insured's because of payments we make for injury or damage arising out of "your work" done under a written contract with the additional insured. 3. The term insured is used separately and not collectively, but the inclusion of more than one insured shall not increase the limits or coverage provided by this insurance. Insureds and Agents are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand or otherwise alter the terms of the actual policy. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Signed for STARR INDEMNITY & LIABILITY COMPANY cif/>,7 Charles H. Dangelo, resident (/wry e. kltd42' Nehemiah E. Ginsburg, General ounsel OG - 023 (06/11) Page 1 of 1 Copyright © C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission.