HomeMy WebLinkAboutFleming Environmental, Inc. - 2022-12-01 SERVICE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FLEMING ENVIRONMENTAL, INC.
FOR
UNDERGROUND STORAGE TANK MANAGEMENT PROGRAM SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach a municipal corporation of the State of California, hereinafter called "City," and
Fleming Environmental, Inc., a California.
Recitals
A. The City desires to retain a Contractor having special skill and knowledge in the field of
Underground Storage Tank Program Management, Operations, Maintenance, and Repairs
at fixed fuel sites.
B. Contractor represents that Contractor is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a comparable company or firm in the field.
Contractor has been selected to perform these services pursuant to Huntington Beach
Municipal Code Chapter 3.02,
NOW,THEREFORE, it is agreed by City and Contractor as follows:
1. Scope of Services
Contractor shall provide all services as described in Exhibit "A," Request for Quote, Scope
of Services and Fleming Environmental, Inc. RFP Number: 2021-0910, which is attached hereto
and incorporated into this Agreement by this reference. These services shall sometimes hereinafter
be referred to as the"Project."
Contractor hereby designates Terry L. Fleming, Jr. who shall represent it and be its sole
contact and agent in all consultations with City during the performance of this Agreement.
2. City Staff Assistance
City shall assign a staff coordinator to work directly with Contractor in the performance of
this Agreement.
3. Compensation
a. City agrees to pay, and Contractor agrees to accept as total payment for its services,
the rates and charges identified in Exhibit "A," Fleming Environmental, Inc. RFP
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Number: 2021-0910, for an annual amount not to exceed $200,000. per year for
monthly/annual regulatory Operations and Maintenance (O&M), service calls, and
related services. Additional (emergency/unforeseen) services are to be compensated
when Contractor provides timely written estimate(s) and receives subsequent written
approval from the City. Additional (emergency/unforeseen) services compensation
shall not be considered part of the annual not to exceed amount for O&M/service call
services.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment
need not be made for work which fails to meet the standards of performance set forth
in the Recitals, which may reasonably be expected by City.
c. City agrees that Contractors proposal offer is binding for the entire initial term of this
agreement as noted in Exhibit "A," Fleming Environmental, Inc., RFP Number:
2021-0910, Transmittal Letter, page 6. At the end of the initial agreement term,
September 30, 2026.
d. Charges for time during travel are not reimbursable.
4. Term
Time is of the essence in the performance of this Agreement. The services of Contractor are
to commence , 2022 or as soon as practicable after the execution of this Agreement
by City (the "Commencement Date") and terminate September 30, 2026, unless terminated earlier
in accordance with the provisions of this Agreement or extended. Contract may be extended for two
(2) additional two (2) year periods if mutually agreed to in writing by both parties. The time for
performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This
schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City
and Contractor.
In the event the Commencement Date precedes the Effective Date, Contractor shall be
bound by all terms and conditions as provided herein.
5. Extra Work
In the event City requires additional services not included in Exhibit "A" or changes in the
scope of services described in Exhibit "A," Contractor will undertake such work only after
receiving written authorization from City. Additional compensation for such extra work shall be
allowed only if the prior written approval of City is obtained.
6. Disposition of Plans,Estimates and Other Documents
Contractor agrees that title to all materials prepared hereunder, including, without limitation,
all original drawings, designs, reports, both field and office notices, calculations computer code,
language, data or programs, maps, memoranda, letters and other documents, shall belong to City,
and Contractor shall turn these materials over to City upon expiration or termination of this
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Agreement or upon Project completion, whichever shall occur first. These materials may be used by
City as it sees fit.
7. Hold Harmless
Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers,
elected or appointed officials, employees, agents, and volunteers from and against any and all,
claims, damages, losses, expenses, judgments, demands and defense costs, and consequential
damage or liability of any kind or nature, however caused, including those resulting from death or
injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly
out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by
any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, including but not
limited to concurrent active or passive negligence, except where caused by the active negligence,
sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole
cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall
apply to all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided by
Contractor.
8. Workers Compensation Insurance
Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of
Section 3700 et seq. of this Code, which requires every employer to be insured against liability for
workers' compensation; Contractor covenants that it will comply with such provisions prior to
commencing performance of the work hereunder.
Contractor shall obtain and furnish to City workers' compensation and employer's liability
insurance in an amount of not less than the State statutory limits.
Contractor shall require all subcontractors to provide such workers' compensation and
employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to
City a certificate of waiver of subrogation under the terms of the workers' compensation and
employer's liability insurance and Contractor shall similarly require all subcontractors to waive
subrogation.
9. General Liability Insurance
In addition to the workers' compensation and employer's liability insurance and Contractor's
covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a
policy of general public liability insurance, including motor vehicle coverage covering the
Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while
acting within the scope of their duties, against any and all claims arising out or in connection with
the Project/Service, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is
provided under a form which includes a designated general aggregate limit,the aggregate limit must
be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name
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City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be applicable
to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be
primary.
Under no circumstances shall said above-mentioned insurance contain a self-insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
10. Automobile Liability Insurance
Contractor shall obtain and furnish to City an automotive liability insurance policy covering
the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive
liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a
separate "Additional Insured Endorsement" page listing both the policy number and naming the
"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and
volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not
contain a self-insured retention, "deductible" or any other similar form of limitation on the required
coverage except with the express written consent of City.
11. Certificate of Insurance
Prior to commencing performance of the work hereunder, Contractor shall furnish to City a
certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance
coverage as required by this Agreement; the certificate shall:
a. provide the name and policy number of each carrier and policy;
b. state that the policy is currently in force; and
c, promise that such policy shall not be suspended, voided or canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice;
however, ten (10) days' prior written notice in the event of cancellation for nonpayment
of premium.
Contractor shall maintain the foregoing insurance coverage in force until the work under this
Agreement is fully completed and accepted by City.
The requirement for carrying the foregoing insurance coverage shall not derogate from
Conhactoi s defense, hold harmless and indemnification obligations as set forth in this Agreement.
City or its representative shall at all times have the right to demand the original or a copy of the
policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the
insurance hereinabove required.
12. Independent Contractor
Contractor is, and shall be, acting at all times in the performance of this Agreement as an
independent contractor herein and not as an employee of City. Contractor shall secure at its own
cost and expense, and be responsible for any and all payment of all taxes, social security, state
disability insurance compensation, unemployment compensation and other payroll deductions for
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Contractor and its officers, agents and employees and all business licenses, if any, in connection
with the Project and/or the services to be performed hereunder.
13. Conflict of Interest
Contractor covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
14. Termination
This Agreement may be terminated by the City, without cause, upon thirty (30) days written
notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay
Contractor compensation for all services performed by Contractor prior to receipt of such notice of
termination,subject to the following conditions:
a. As a condition of such payment, the Director may require Contractor to deliver to the
City all work product completed as of such date, and in such case, such work product shall be the
property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such
purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
15. Exclusivity and Amendment
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes and all other agreements, oral or written, between the parties. In the
perse any
event of a conflict between the terms of this Agreement and any attachments hereto, the terms of
this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein.
16. Assignment
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without the
City's prior written consent shall be considered null and void. Nothing in this Agreement shall be
construed to limit the City's ability to have any of the services which arc the subject to this
Agreement performed by City personnel or by other Contractors retained by City.
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17. City Employees and Officials
Contractor shall employ no City official nor any regular City employee in the work
performed pursuant to this Agreement. No officer or employee of City shall have any financial
interest in this Agreement in violation of the applicable provisions of the California Government
Code.
18. Notices
Any notices, certificates, or other communications hereunder shall be given either by
personal delivery to Contractor's agent (as designated in Section 1 hereinabove) or to City as the
situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and
depositing the same in the United States Postal Service, to the addresses below. City and Contractor
may designate different addresses to which subsequent notices, certificates or other communications
will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S.
certified U.S. certified mail-return receipt requested:
To City: To Contractor:
City of Huntington Beach Fleming Environmental, Inc.
Attn: Denny Bacon, Operations Manager Attn: Terry L. Fleming, Jr.
2000 Main Street 1372 Valencia Drive
Huntington Beach, CA 92648 Fullerton, CA 92831
19. Consent
When City's consent/approval is required under this Agreement, its consent/approval for
one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence
of the same or any other transactions or event.
20. Modification
No waiver or modification of any language in this Agreement shall be valid unless in writing
and duly executed by both parties.
21. Section Headings
The titles, captions, section, paragraph and subject headings, and descriptive phrases at the
beginning of the various sections in this Agreement are merely descriptive and are included solely
for convenience of reference only and are not representative of matters included or excluded from
such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or
affect the construction or interpretation of any provision of this Agreement.
22. Interpretation of this Agreement
The language of all parts of this Agreement shall in all cases be construed as a whole,
according to its fair meaning, and not strictly for or against any of the parties. If any provision of
this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void,
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illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions
of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so
expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or
plural number shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act contrary to
law, and wherever there is any conflict between any provision contained herein and any present or
future statute, law, ordinance or regulation contrary to which the parties have no right to contract,
then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be
curtailed and limited only to the extent necessary to bring it within the requirements of the law.
23. Duplicate Original
The original of this Agreement and one or more copies hereto have been prepared and
signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
24. Immigration
Contractor shall be responsible for full compliance with the immigration and naturalization
laws of the United States and shall, in particular, comply with the provisions of the United States
Code regarding employment verification.
25. Prevailing Wages
Contractor and its subcontractors must be registered with the California Department of
Industrial Relations (DIR) pursuant to Labor Code Section 1725.5. This agreement shall not be
effective until Contractor provides proof of registration with the DIR to the City. Contractor shall be
responsible for Contractor's compliance in all respects with the Prevailing Wage Law, including the
payment of the prevailing wage rates to all the laborers involved and including the keeping of all
records required by the provisions of Labor Code Section 1776 and the implementing administrative
regulations.
26. Legal Services Subcontracting Prohibited
Contractor and City agree that City is not liable for payment of any subcontractor work
involving legal services, and that such legal services are expressly outside the scope of services
contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter
Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable
for payment of any legal services expenses incurred by Contractor.
27. Confidentiality
Contractor recognizes that in the performance of its duties under this Agreement, it must
conduct its activities in a manner designed to protect information of a sensitive nature from
improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with
practices customary in the facilities management industry in recruiting, training and supervising
employees and in otherwise performing its duties hereunder in order to achieve this result. In the
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furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute
written undertakings to comply with the foregoing confidentiality provision.
28. Discrimination
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Contractor affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
29. Jurisdiction -Venue
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall
be determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
30. Professional Licenses
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Huntington Beach and all other governmental agencies. Contractor shall notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
31. Attorney's Fees
In the event suit is brought by either party to construe, interpret and/or enforce the terms
and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its
own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees
from the nonprevailing party.
32. Survival
Terms and conditions of this Agreement, which by their sense and context survive the
expiration or termination of this Agreement, shall so survive.
33. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the State of
California.
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34. Signatories
Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully for any injuries or damages to City in the event that such authority or power is
not, in fact, held by the signatory or is withdrawn.
35. Entirety
(a) The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiation, and that each has had the
opportunity to consult with legal counsel prior to executing this Agreement. The parties also
acknowledge and agree that no representations, inducements, promises, agreements or warranties,
oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are
not embodied in this Agreement, and that that party has not executed this Agreement in reliance on
any representation, inducement, promise, agreement warranty, fact or circumstance not expressly
set forth in this Agreement.
(b) All Exhibits referenced herein and attached hereto shall be incorporated as if
fully set forth in the body of this Agreement.
36. Effective Date
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers. This Agreement shall be effective on the date of its approval
by the City Attorney. This Agreement shall expire when terminated as provided herein.
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CONTRACTOR CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
Fleming Enviro mental, Inc. California
By:
Terry L Flerning Jr., President o5
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AND INITIATE 1 AND APPROVE/,
By.
Term-Perrin r., Secretary me ____
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ITS: (circle one) Greta /Chief Financial Director of Publi C orks
Officer/Asst. Secretary—Treasurer
RECEIVED: APPROVED AS T ORM:
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EXHIBIT A
r ,1N
INVITATION TO BID RESPONSE
CITY OF HUNTINGTON BEACH
UNDERGROUND STORAGE TANK PROGRAM
MANAGEMENT SERVICES
RFP NO.: 2021-0910
****
By Fleming Environmental, Inc.
--Environmental Compliance Division--
Terry L. Fleming, Company President and CEO
1372 E. Valencia Drive
Fullerton, CA 92831
Phone: (714) 871-2800
Date of Submittal: September 10, 2021 @ 4:00 PM
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Table of Contents
Letter of Introduction Page 3
Statement of Compliance Page 5
Description of Services Page 6
Key Personnel Page 9
Fleming Environmental, Inc. Resources Page 11
Licenses and Certifications Page 12
Work Plan Page 13
Health and Safety Table of Contents Page 15
Quality Assurance/Quality Control Page 16
Project Organization Chart Page 19
References Page20
Subcontractors Page 21
CA UST Operator Certifications (ICC) Page22
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September 10, 2021
City of Huntington Beach
Attn: Jennifer Anderson
17371 Gothard Street
Huntington Beach, CA 92647
Re: Underground Storage Tank Program Management Services
RFP 2021-0910
Letter of Transmittal
Dear Jennifer,
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, CERS compliance, fuel
polishing 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.
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Fleming's main and only office is located in Fullerton, CA which is approximately 20
miles from Huntington Beach.
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,
'ferry L. Fleming
Terry L. Fleming
President
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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
2. Fleming will utilize one subcontractor for this RFP.
3. Fleming Acknowledges addenda's and Q&A's for this RFP.
4. This proposal shall remain valid for a period of not less than 120 days from the date of
submittal.
5. This proposal is in compliance with the RFP.
6. Fleming maintains a current DIR registration number.
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.
10.Fleming will meet or exceed all insurance requirement and keep insurance in place for
the duration of this contract.
70n4 4. 7m
Terry L. Fleming Jr.
9/10/2021
Date
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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 City of Huntington
Beach.
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 OCTA'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 OCTA'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.
Equipment 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
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vendors, to insure that your equipment is on site when the work schedules demand it and
not 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.
• 0 & 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:
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Fleming Environmental, Inc. proposes a phased implementation plan and project
scheduling for the Scope of Services we provide to our clients. Drawing from and
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.
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Key Personnel
Terry L. Fleming
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
9
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.
Michael Markee
Construction Division Project Coordinator
Michael 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 needs. Developing
valuable relationships with vendors, service providers, and regulatory personnel, Michael
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
Fleming 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 (20018 or newer) Ford's with "contractor" beds.
Equipment:
Fleming Environmental, Inc. owns three (2) backhoes, one (1) skip loader, skid steer
equipment, and various tools. All are in excellent operational condition (2012 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
• Estabrooks Ezy Chek Systems — Ezy 3 Locator Plus, Product Line Tester, Leak
Detector Tester Equipment Certified
• 40-Hour Hazwoper Certified
• Containment Solutions—Trained Fiberglass Tank Installation Technicians
• Smith Fibercast 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 Designated Operator Monthly Site Inspections:
❖ Alarm History Review
❖ 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 Employee Training
❖ Annual Training (concurrent with Monthly site visit). Includes but not limited to;
Operation of the UST system, employee's role with regard to UST monitoring plan,
employee's role with regard to spills and overfills as specified in the written UST
response plan, name(s) of contact person(s) for emergencies and monitoring
equipment alarms, Hazardous Materials Management, Waste Management
Procedures, daily self inspections and record keeping
SB989 (Secondary Containment) Testing:
❖ Notification to appropriate regulator of date and time of scheduled test.
+ Two-man testing crew
+ Annular Test
••• Secondary Test
+ Sump Test
❖ UDC Test
❖ Spill Bucket Test
❖ 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 II 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
13
❖ 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:
❖ 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
❖ 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.
Fuel Filtering:
❖ Two hoses are placed in your fuel tank. Once hose (a suction line) is placed near the
bottom of the tank and another hose (a discharge or return line) is held near the
surface of the fuel supply at the opposite end of the tank from the suction line. All
hose are rated for petroleum use having non-static electricity wires.
❖ The fuel is circulated between 35-110 GPM agitating the fuel from the bottom of the
tank to the top through a series of two particulate filters, a ten micron "sock filter",
and coalescent filter(to remove water and allow sediment to fall out of the solution.
❖ The filtering process continues until the entire volume of fuel has been given
sufficient time to pass through the polishing process.
❖ The process is monitored by pressure gauges and filter changed during the process as
needed based on the condition of your fuel.
❖ Once fuel has been filtered, an sample is obtained in order to verify completion and
success for this process.
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 Safety 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
15
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).
16
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
PROJECT ORGANIZATIONAL CHART
TERRY L. FLEMING, JR.
President
Project Executive
JENNIFER MARTIN RON FERRIS Michael Markee
EEO Officer Superintendent Tank Testing Division
Contract Compliance Manager
Finance Accounting
KAITLIN PONCE
Project Coordinator
Purchasing Officer
RANDY SAM JACK
LITTLEFIELD GAINES LUTGEN
Field Technician Field Technician Field Technician
MIKE JOQUIN
FLEMING MARIN
FIELD CREW FIELD CREW
19
References
City Of Los Angeles
Contact Person: Sean Sullivan (213) 978-3781
Ongoing
Fueling System Maintenance at Various Sites
City of Irvine
Contact Person: Joe Dillman (949) 724-7696
2015-Ongoing
Fuel Tank Inspection, Training & Repair Services
City Of Garden Grove
Contact Person: Steve Sudduth (714) 741-5390
2010-Ongoing
Fuel Tank Inspection, Training & Repair Services
City Of Santa Monica
Contact Person: David Tu (310) 458-8235
2010-Ongoing
Fuel Tank Inspection, Training & Repair Services
City of Huntington Beach
Contact Person: Cody Jahn (714) 375-5047
2015 - Ongoing
City Of South Gate
Contact Person: David Torres (323) 563-5784
2015-Ongoing
Fuel Tank Inspection, Training & Repair Services
20
Subcontractors:
Fuel Filter: Fueltec
1142 S. Diamond Bar Blvd #263
Diamond Bar, CA 91765
CSLB # 1011678
DIR 1000043572
21
California UST Operating Certifications
22
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SECTION II: COST PROPOSAL
1. Designated UST Operator:
Provide price per month to perform all tasks necessary for Designated UST Operator services:
Location #Tanks Type of Fuel Tank Capacity in Monthly Fee
Construction Gals.
Gothard Fire Station 1 Unleaded Double Wall 4,000
18311 Gothard Street 1 Diesel Double Wall 2,000 $120.00
1 Unleaded Double Wall 10,000
Park Tree and Landscape Yard
17581 Gothard Street 1 Diesel Double Wall 5,000 $120.00
I Waste Oil Double Wall 550
Heliport 1 Jet A Double Wall 12,000
18401 Gothard Street $120.00
Civic Center 1 Unleaded Single Wall 12,000
2000 Main Street 1 Diesel Double Wall 5,000 $120.00
Beach Maintenance Yard 1 Unleaded Double Wall 12,000
8669 Edison Way 1 Diesel Double Wall 12,000 $120.00
Utilities Yard aka Water Operations 1 Unleaded Double Wall 12,000 $120.00
19001 Huntington Street 1 Diesel Double Wall 12,000
Lake Fire Station 1 Diesel Double Wall 4,000
530 Lake Street $120.00
Warner Fire Station 1 Unleaded Double Wall 6,000
3831 Warner Avenue 1 Diesel Double Wall 2,000 $120.00
1 Unleaded Double Wall 15,000
1 Diesel Double Wall 12,000
City Yard 1 1,000 $120.00
17371 Gothard Street Motor Oil Double Wall
4 Various Oil Double Wall 550
1 Waste Oil Double Wall 2,000
TOTAL MONTHLY UST OPERATOR FEE $1,080.00
3
SECTION II: COST PROPOSAL
2. Annual Monitor Certification:
Provide annual fee per site to perform all tasks necessary for Monitor Certification.
Location #Tanks Type of Fuel Tank Capacity in Annual Fee
Construction Gals.
Gothard Fire Station 1 Unleaded Double Wall 4,000 $880.00
18311 Gothard Street 1 Diesel Double Wall 2,000
1 Unleaded Double Wall 10,000
Park Tree and Landscape Yard 1 Diesel Double Wall 5,000 $880.00
17581 Gothard Street
1 Waste Oil Double Wall 550
Heliport 1 Jet A Double Wall 12,000 $880.00
18401 Gothard street
Civic Center 1 Unleaded Single Wall 12,000
2000 Main Street 1 Diesel Double Wall 5,000 $880.00
Beach Maintenance Yard 1 Unleaded Double Wall 12,000
8669 Edison Way 1 Diesel Double Wall 12,000 $880.00
Utilities Yard aka Water Operations 1 Unleaded Double Wall 12,000
19001 Huntington Street 1 Diesel Double Wall 12,000 $880.00
Lake Fire Station 1 Diesel Double Wall 4,000
530 Lake Street $880.00
Warner Fire Station 1 Unleaded Double Wall 6,000
3831 Warner Avenue 1 Diesel Double Wall 2,000 $880.00
1 Unleaded Double Wall 15,000 _
1 Diesel Double Wall 12,000
City Yard 1 Motor Oil Double Wall 1,000 $1,120.00
17371 Gothard Street
4 Various Oil Double Wall' 550
1 Waste Oil Double Wall 2,000
TOTAL ANNUAL MONITOR CERTIFICATION FEE $8,160.00
•
4
SECTION II: COST PROPOSAL
3. Annual Vapor Recovery(SCAQMD Rule 461)Testing:
Provide annual fee per site to complete all tasks necessary for annual Vapor Recovery testing.
Location #Tanks Type of Fuel Tank Capacity in Annual Fee
Construction Gals.
Gothard Fire Station 1 Unleaded Double Wall 4,000
18311 Gothard Street 1 Diesel Double Wall 2,000 $850.00
1 Unleaded Double Wall 10,000
Park Tree and Landscape Yard 1 Diesel Double Wall 5,000
17581 Gothard Street $850.00
I Waste Oil Double Wall 550
Heliport 1 Jet A Double Wall 12,000
18401 Gothard Street $0.00
Civic Center 1 Unleaded Single Wall 12,000
2000 Main Street 1 Diesel Double Wall 5,000 $850.00
Beach Maintenance Yard 1 Unleaded Double Wall 12,000
8669 Edison Way 1 Diesel Double Wall 12,000 $850.00
Utilities Yard aka Water Operations 1 Unleaded Double Wall 12,000
19001 Huntington Street I Diesel Double Wall 12,000 $850.00
Lake Fire Station 1 Diesel Double Wall 4,000
530 Lake Street $0.00
Warner Fire Station I Unleaded Double Wall 6,000
3831 Warner Avenue 1 Diesel Double Wall 2,000 $850.00
1 Unleaded Double Wall 15,000
1 Diesel Double Wall 12,000
City Yard 1 Motor Oil Double Wall 1,000 $850.00
17371 Gothard Street
4 Various Oil Double Wall 550
1 Waste Oil Double Wall 2,000
TOTAL ANNUAL VAPOR RECOVERY TESTING FEE $5,950.00
5
SECTION II: COST PROPOSAL
4. SB-989 Testing and Certification (required every 3 years): •
Provide fee per site to complete all tasks necessary for SB-989 testing and certification:
Location #Tanks Type of Fuel Tank Capacity in Annual Fee
Construction Gals.
Gothard Fire Station 1 Unleaded Double Wall 4,000
18311 Gothard Street 1 Diesel Double Wall 2,000 $1,800.00
1 Unleaded Double Wall 10,000
Park Tree and Landscape Yard 1 Diesel Double Wall 5,000
17581 Gothard Street $2,000.00
1 Waste Oil Double Wall 550
Heliport 1 Jet A Double Wall 12,000
18401 Gothard Street $1,800.00
Civic Center 1 Unleaded Single Wall 12,000
2000 Main Street 1 Diesel Double Wall 5,000 $1,800.00
Beach Maintenance Yard 1 Unleaded Double Wall 12,000
8669 Edison Way 1 Diesel Double Wall 12,000 $1,800.00
Utilities Yard aka Water Operations 1 Unleaded Double Wall 12,000
19001 Huntington Street 1 Diesel Double Wall 12,000 $1,800.00
Lake Fire Station 1 Diesel Double Wall 4,000
530 Lake Street $1,500.00
Warner Fire Station 1 Unleaded Double Wall 6,000
3831 Warner Avenue 1 Diesel Double Wall 2,000 $1,800.00
1 Unleaded Double Wall 15,000
1 Diesel Double Wall 12,000
City Yard 1 Motor Oil Double Wall 1,000 $3,800.00
17371 Gothard Street
4 Various Oil Double Wall 550
1 Waste Oil Double Wall 2,000
TOTAL ANNUAL SB-989 TESTING AND CERTIFICATION FEE $18,100.00
6
SECTION II: COST PROPOSAL
5. Overfill Prevention Inspection (required every 3 years):
Provide fee per site to complete all tasks for Overfill Prevention Inspection:
Location #Tanks Type of Fuel Tank Capacity in Fee
Construction Gals.
Gothard Fire Station 1 Unleaded Double Wall 4,000 $450.00
18311 Gothard Street 1 Diesel Double Wall 2,000
1 Unleaded Double Wall 10,000
Park Tree and Landscape Yard
17581 Gothard Street 1 Diesel Double Wall 5,000 $450.00
I Waste Oil Double Wall 550
Heliport 1 Jet A Double Wall 12,000 $400.00
18401 Gothard Street
Civic Center 1 Unleaded Single Wall 12,000
2000 Main Street 1 Diesel Double Wall 5,000 $450.00
Beach Maintenance Yard 1 Unleaded Double Wall 12,000 $450.00
8669 Edison Way 1 Diesel Double Wall 12,000
Utilities Yard aka Water Operations 1 Unleaded Double Wall 12,000
19001 Huntington Street I Diesel Double Wall 12,000 $450.00
Lake Fire Station 1 Diesel Double Wall 4,000
530 Lake Street $400.00
Warner Fire Station 1 Unleaded Double Wall 6,000
3831 Warner Avenue I Diesel Double Wall 2,000 $450.00
1 Unleaded Double Wall 15,000
1 Diesel Double Wall 12,000
City Yard I Motor Oil Double Wall 1,000
17371 Gothard Street $560.00
4 Various Oil Double Wall 550
1 Waste Oil Double Wall 2,000
TOTAL ANNUAL COST FOR OVERFILL PREVENTION INSPECTION FOR ALL SITES $4,060.00
•
SECTION II: COST PROPOSAL
6. Annual Site Staff Training:
Provide annual cost per person to train site staff at various fuel sites as necessary: $120.00
7. Repairs and Maintenance:
Repairs and maintenance are exclusive of fees quoted above for inspections,testing,certification and
designated UST Operator. A timely written estimate per job will be required for repairs and maintenance.
Labor per Hour: $120.00
Parts and Materials (provide cost plus markup or cost minus discount): 10%
8. Syntech Fuel Master Software and Component Management:
Provide annual cost for Fuel Master Software and component support management services for all fuel
sites: $3,830.00
9. Additional/Optional Services:
A timely written estimate per job will be required for additional,optional or emergency services.
Please provide hourly labor rates:
$1 20.00/hour
Parts and Materials (provide cost plus markup or cost minus discount): 10%
•
tir page 2 of 10 /r
1
CI ient#:1266412 305FLEMI ENV
ACORDr., CERTIFICATE OF LIABILITY INSURANCE DATE(MtdlODlYYYY)4/29/2022
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 pollcy(les)must have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder In lieu of such endorsement(s).
PRODUCER NAMEpCT Sonia Morris
McGriff Insurance Services AM Ere:714 941-2800 1-ra/cI a77-297-1101
130 Theory Ste 200 a DRESS: Sonla.Morrls@McGrlff.com
Irvine,CA 92617 INSURER(8)AFFORDING COVERAGE NAIC II
714 941-2800 lNsuREn A:Crum&Forster specialty Insurance Co 44520
INSURED INSURER B:Oak River Insurance Company 34630
Fleming Environmental Inc. INSURER C:Travelers Property Casualty Co of Amer 25674
PO Box 6130 INSURER D:National Specialty Insurance Company 22608 Fullerton,CA 92834 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TRW ADDLSUBR POLICY EFF POLICY EXP LIMITS
LTR TYPE OF INSURANCE TINSn YryD_, POUCY NUMBER (MWDONYYYLOWDONYYY)
A X COMMERCIAL GENERAL LIABILITY EPK139585 05/01/2022 05/01/2023 EACH OCCURRENCE $1,000,000
F��"n�IGs�Estt aoNI encsL $50,000
CLAIMS-MADE ( X`OCCUR X Pollution Liab MED EXP,(Anno person) S 6,000 _• _
X Professional Liab PERSONAL&ADV INJURY $1,000,000
GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 52,000,000
jPOLICY I I JECT nLOG PRODUCTS•COMP/OP AGO $2,000,000
OTHER_._ S_ - ---..—
:
D AUTOMOBILE LIABILITY GMI023901 05/01/2022 05/01/202 - QOaacMBclden0 INED SINGLE $LIMIT 1r _00Ot 000
(
X ANY AUTO APPROVED AS TO FORM BODILY INJURY(Per person) $ —
OWNED --SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIREDUS ONLY X AUTOS N L _J PROPERTYcadent)DAMAGE $
AUTOSONLY �yt_ (Per accident)
MICHAEL 8. SATES $
CITY-AT-1-0 Y
/� UMBRELLA LIAR X OCCUR EFX1202 �1 05/01/2023 EACH OCCURRENCE S5,000 000
— m OF HUNTIN• 141
�( EXCESSLIAe CLAIMS MADE AGGREGATE _ $5,000,000_____
am X RETENTION$0 _ --- II $
B WORKERS COMPENSATION FLWC318624 05/01/2022 05/01/2023,X SSATILT�...._.1_.,__1E8
AND EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNERIEXECUTIVEY/N E.L.EACH ACCIDENT —„$1,000,000
OFFICER/MEMBER EXCLUDED? N NIA
(Mend/dory In NH) E.L.DISEASE•EA EMPLOYEE $$1 000,000
If yes,describe under DESCRIPTION OF OPERATIONS below _ E.L.DISEASE•POLICY LIMIT $1,000,000
C Rented/Leased QT6603L337320TIL22 05/01/2022 06/01/2023f$160,000 Limit
Equipment $1,000 Deductible
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached II mom space Is required)
RE:Contract#14299-0C-Robert LaRoche-Maintenance Services Contract for Fuel Site Designated Underground
Storage Tank Operator&Maintenance.The City of Huntington Beach,its officers,elected or appointed
officials,employees,agents and volunteers are named additional Insured as respects general and auto
liability;general liability Insurance is primary and noncontributory as required by written contract,per
attached endorsetnent(s).
CERTIFICATE HOLDER CANCELLATION
Cityof Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
2000 Main St ACCORDANCE WITH THE POLICY PROVISIONS,
Huntington Beach,CA 92648-0000
AUTHORIZED REPRESENTATIVE
)1.40w---- AN' ci"av
_ I
@ 1988-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD
12841 #829939180/M29938837 SOMOR
POLICY: EPK139585
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) or Organization(s)
The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and
volunteers.
SECTION III —WHO IS AN INSURED within the Common Provisions is amended to include as an additional
insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to
liability caused, in whole or in part, by"your work" for that insured which is performed by you or by those acting
on your behalf.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EN0111-0211 Page 1 of 1
POLICY: EPK139585
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Person(s) or Location And Description Of Completed
Organization(s): Operations
The City of Huntington Beach, its officers, elected As required by written contract.
or appointed officials, employees, agents and
volunteers.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section III — Who Is An Insured within the
Common Provisions is amended to include as
an insured the person(s) or organization(s)
shown in the Schedule, but only with respect to
liability for "bodily injury" or "property damage"
caused, in whole or in part, by "your work" at
the location designated and described in the
schedule of this endorsement performed for
that additional insured and included in the
"products-completed operations hazard".
EN0320-0211 Page 1 of 1
page l0 of 10
lam'_•�. 4
Y- t
Fleming Environmental Inc.
EPK139585
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED -
OWNERS, LESSEES OR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
ERRORS AND OMISSIONS LIABILITY COVERAGE PART
THIRD PARTY POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) or OrganizatIon(s):
Where Required By Written Contract
SECTION III —WHO IS AN INSURED within the Common Provisions is amended to include as an additional
insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to
"claims" caused in whole or in part, by "your work" for that person or organization performed by you, or by
those acting on your behalf.
This insurance shall be primary and non-contributory, but only in the event of a named insured's sole
negligence.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EN0119-0211 Page 1 of 1
12849
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•
Fleming Environmental Inc,
COMMERCIAL AUTO
GMI023901
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT
1, SECTION II-COVERED AUTOS LIABILITY COVERAGE,paragraph A.Coverage,
paragraph 1.Who Is An Insured, is amended by adding the following:
a. Any person or organization with respect to the operation,maintenance or use of a covered
"auto"covered under this policy, provided that you and such person or organization have
agreed in a written contract or agreement,to add such person or organization to this policy as
an"insured".
However,such person or organization Is and"insured":
(1) Only with respect to the operation,maintenance or use of a covered"auto"covered
under this policy;
(2) Only for"bodily injury"or"properly damage"caused by an"accident"which takes place
after you executed the written contract or agreement and during the policy period;and
(3) Only for the duration of the contract or agreement.
b. How Limits Apply-The most we will pay on behalf of an additional insured is the lesser of:
(1) The limits of insurance specified in the written contract or agreement between you
and the person or organization you agreed to add as and additional insured;or
(2) The Limits of Insurance shown In the Declarations.
Such amount shall be part of and not in addition to the Limits of Insurance shown in the
Declarations and described in this Section,
c. Additional Insureds Other Insurance-If we cover a claim or"suit"under this Coverage Part
that may also be covered by other insurance available to an additional insured,such
additional insured must submit such claim or"suit"to the other Insurer for defense and
indemnity.
However,this provision does not apply to the extent you have agreed in a written contract or
agreement with the additional insured that this insurance is primary and non-contributory with
the additional insured's own Insurance.
d. Duties In the Event Of An Accident,Claim,Suit Or Loss-If you have agreed in a written
contract or agreement that another person or organization be added as an additional insured
on your policy,the additional Insured shall be required to comply with the provisions in
SECTION IV-BUSINESS AUTO CONDITIONS,paragraph A. Loss Conditions, paragraph
2. Duties In the Event Of An Accident,Claim,Suit Or Loss,in the same manner as the
Named Insured.
NSIC-GMI-BA-001 (Ed.08/19) Page 1 of 5
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B. HIRED AUTO PHYSICAL DAMAGE COVERAGE
1. SECTION Ili—PHYSICAL DAMAGE COVERAGE,paragraph A.Coverage, paragraph 4.
• Coverage Extensions,is amended by adding the following:
if hired"autos"are covered"autos"for Liability Coverage and if Comprehensive,Specified
Causes of Loss,or Collision coverages are provided under this Coverage Form for any"auto"
you own,then the Physical Damage Coverages provided are extended to"autos"you hire or
borrow,subject to the following limit,deductible and conditions:
a. The most we will pay for"loss"to any hired"auto"is:
(1) $50,000;or
(2) The actual cash value of the damaged or stolen property at the time of the"loss";or
(3) The cost of repairing or replacing the damaged or stolen property with other property
of like kind,
whichever is smallest,minus a deductible.
b. The deductible will he equal to the largest deductible applicable to any owned"auto"
for Physical Damage Coverage.
c. Hired Auto Physical Damage coverage is excess over any other collectible
insurance.
d. Subject to the above limit,deductible,and excess provisions,we will provide that
Physical Damage Coverage applicable to any covered"auto"you own.
e. Subject to a maximum of$1,000 per"accident",we will also cover the actual loss of use of
the hired"auto"If it results from an"accident",you are legally liable,and the lessor incurs
and actual financial loss.
f. This coverage extension does not apply to:
(1) Any"auto"that is hired,rented or borrowed with a driver;
(2) Any"auto"you hire or borrow from any of your"employees"or members of their
household;
(3) Any"auto"you hire or borrow from any of your partners or members of their
household(if you are a partnership);or
(4) Any"auto"you hire or borrow from any of your members or members of their
household(if you are a limited liability company).
C. TOWING AND LABOR
1. SECTION III—PHYSICAL DAMAGE COVERAGE, paragraph A.Coverage, paragraph 2.
Towing,is deleted in its entirety and replaced with the following:
2. Towing
We will pay towing and labor costs you have incurred,up to the limits shown below, for each
classification of covered"auto"shown below,each time a covered"auto"classified below is
disabled:
a. For private passenger type vehicles,we will pay up to$50.00 per disablement.
NSIC-GMI-BA-001 (Ed.08119) Page 2 of 5
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'ir4R�►
f
•
As used in this provision a"balloon loan"is a loan with periodic payments that are insufficient
to repay the balance over the term of the loan,thereby requiring a large final payment.
2, For the purposes of this Loan/Lease Gap Coverage provision,SECTION V—DEFINITIONS is
amended by adding the following Definitions:
a. 'Total loss"means a"loss"in which the cost of repairs plus the salvage value exceeds
the actual cash value at the time of"loss".
b. A"balloon loan"is a loan with periodic payments that are insufficient to repay the balance
over the term of the loan,thereby requiring a large final payment.
F. EXTENDED CANCELLATION CONDITION
1. COMMON POLICY CONDITIONS,paragraph A.—Cancellation condition applies except as
follows:
If we cancel for any reason other than nonpayment of premium,we will mail or deliver to the
first Named Insured written notice of cancellation at least 60 days before the effective date of
cancellation.This provision does not apply in those states which require more than 60 days'
prior notice of cancellation.
G. VEHICLE WRAP COVERAGE
1. SECTION III—PHYSICAL DAMAGE COVERAGE, paragraph A.Coverage,4.Coverage
Extensions,is amended by adding the following:
In the event of a"total loss"to a covered"auto"for which Comprehensive,Specified Causes
of Loss,or Collision coverages are provided under this Coverage Form,we will pay up to
$1,000.00 for vinyl vehicle wraps which are displayed on the covered"auto"at the time of
"total loss". Regardless of the number of autos deemed a"total loss",the most we will pay
under this coverage extension for any one"loss"is$6,000.00. For the purposes of this
coverage extension,signs or other graphics painted or magnetically affixed to the vehicle are
not considered vehicle wraps.
2. For the purposes of this Vehicle Wrap Coverage provision,SECTION V--DEFINITIONS is
amended by adding the following Definitions;
'Total loss"means a"loss"in which the cost of repairs plus the salvage value exceeds the
actual cash value at the time of"loss".
H. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
1. SECTION III—PHYSICAL DAMAGE COVERAGE, paragraph B,Exclusions,
subparagraphs 6.a. and 6.b. are deleted and replaced with the following:
Exclusions 4.c and 4.d do not apply to electronic equipment that receives or transmits audio,
visual or data signals,whether or not designed solely for the reproduction of sound,if the
equipment is permanently installed in the covered"auto"at the time of the"loss"and such
equipment is designed to be solely operated by the use of power from the"auto's"electrical
system,in or upon the covered"auto"and physical damage coverages are provided for the
covered"auto";or
NSIC-GMI-BA-001 (Ed.08/19) Page 4 of 5
Includes copyrighted material of Insurance Services Office, Inc.,with its permission.
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2. For the purposes of this Audio, Visual and Data Electronic Equipment Coverage provision,
SECTION III—PHYSICAL DAMAGE COVERAGE, paragraph B.Exclusions, Paragraph 5 is
amended by adding the following:
If the"loss"occurs solely to audio,visual or data electronic equipment or accessories used
with this equipment,then our obligation to pay for,repair, return or replace damaged or stolen
property will be reduced by a$100.00 deductible.
All other terms and conditions of the policy remain unchanged.
NSIC-GMI-BA-001 (Ed. 08119) Page 6 of 5
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